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Avoid these tax strategy pitfalls
Tax and Financial News
August 2002
Avoid these tax strategy pitfalls
Changing your business structure:
For both tax and nontax reasons, you may consider the limited liability company (LLC) or limited liability partnership (LLP) forms of ownership for your company. Both forms can provide protection for owners against company lawsuits and debts. Specific rules for these entity forms vary from state to state, but the Internal Revenue Service has its own ideas on how they should be structured to achieve certain tax benefits for its owners. Now matter what your state allows, you should check into the IRS's requirements.
Using independent contractors:
Contracting out work to independent contractors can produce financial savings, since there is no employer contribution to worker's compensation insurance or unemployment, no need to provide benefits such as health insurance, and no employer liability for Social Security and Medicare taxes. However, the distinction between independent contractors and employees can be fuzzy and the dangers of misclassification great. The IRS is always on the lookout for problems in this area.
Compensation for executive and owners:
This may seem straightforward. The business compensates executive and takes a deduction for it. However, the rule is that compensation can be deducted only if it is "reasonable". Historical criteria for deductibility include the role of the shareholder-employee in the company's success, the consistency of any bonus policy, and the general prevalence of certain business practices and benefits.
Employee's business travel and entertainment expenses:
If you do this correctly, you will not have to treat reimbursements as compensation, thus avoiding paying employment taxes on them. You can simply deduct these expenses, as far as allowable, as company business expenses. However, to do this, you must have an "accountable plan," which involves specific procedures to be followed by your employees and your company. The requirements aren't arduous but you will want to get the specifics from your tax professional.
Small changes in the way you operate your business can sometimes make significant differences in your tax bill. Keep an eye open for opportunities and use a tax professional to help you with your planning.
These articles provide general information on tax, accounting, and financial topics for small businesses and individuals. They are educational in nature and are not specific legal, accounting, financial, tax, or other professional advice, and should not be relied upon as such. This content was prepared by Service2Client and may have been reviewed or edited by the website owner for accuracy and compliance. Look for a trust mark below for verification details. No representation is made that any approach described will achieve a particular result, and no regulatory or professional body has reviewed or endorsed this content. Because each situation is different, readers should consult a qualified professional about their specific circumstances before acting. Images accompanying these articles are protected by copyright and may not be copied or reused.
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