Small Business Hiring Credit FAQs

The California Legislature passed, and the governor signed, Senate Bill 1447 (click here for FTB Bill Analysis) into law creating a new small business hiring credit (SBHC) for small businesses impacted by economic disturbances in 2020. The Small Business Hiring Credit is also referred to as the “Main Street Hiring Credit”. Overview Taxpayers can use the credit against income taxes (personal income tax, corporation franchise or income taxes), or can make an irrevocable election to apply the credit against sales and use taxes. The credit is equal to $1,000 for each net increase in "Qualified Employees" (as outlined below), as measured in monthly full-time employee equivalents (FTEs). The total amount of credit for each employer cannot exceed $100,000. Taxpayers must get a tentative credit reservation from the California...

IRS Expands Enforcement Focus on Abusive Micro-Captive Insurance Schemes

In IR 2020-226, the Internal Revenue Service, on 10/1/2020, encouraged taxpayers to consult an independent tax advisor if they participated in a micro-captive insurance transaction. The IRS encourages any taxpayer who has continued to engage in an abusive micro-captive insurance transaction to not anticipate being able to settle its transaction with the IRS or Chief Counsel on terms more favorable than previously announced settlement offers and that any potential future settlement initiative that the IRS may consider will require additional concessions by the taxpayer. With this in mind, the IRS encourages taxpayers to consult an independent tax advisor if they participated in a micro-captive insurance transaction. These taxpayers should seriously consider exiting the transaction and not claiming deductions associated with abusive micro-captive insurance transactions, just like many other taxpayers...

Per-Diem Rates for Post-9/30/2020 Business Travel

IRS issued Notice 2020-71 which contains the special per-diem rates for taxpayers to use, after 9/30/2020, to substantiate ordinary and necessary business travel expenses.  Background An employer may pay a per-diem amount to an employee on business-travel status instead of reimbursing actual substantiated expenses for away-from-home lodging, meal and incidental expenses (M&IE). If the rate paid doesn't exceed IRS-approved maximums, and the employee provides simplified substantiation (time, place, and business purpose): the reimbursement is treated as made under an accountable plan (e.g. it isn't subject to income or payroll-tax withholding), it isn't reported on the employee's Form W-2, and receipts for expenses aren't required. In general, the IRS-approved per-diem maximum is the General Services Administration (GSA) per-diem rate paid by the federal government to its workers on travel...

Is Your Business Paying a Shell Company

Not all shell companies are dishonest. Despite their often-sinister reputation, these paper-only companies may be used legitimately to hold another business’s assets. Or they may be the “empty container” left after a company downsizes or is acquired. That said, some fraud perpetrators use shell companies to embezzle funds, evade taxes, dodge debts and commit other illegal acts. For many businesses, the biggest threat posed by illegitimate shell companies is that unscrupulous employees will use them to perpetrate billing fraud. Here’s how to spot a shell scheme in your midst. Under cover Employee-perpetrated shell company schemes take one of two forms. In the first, an employee sets up a shell company to send out — and collect on — fictitious bills. Perpetrators don’t have to send the bills for...

Understanding the Passive Activity Rules

Are you having difficulties understanding the passive activity rules? Are you wondering if the passive activity loss rules affect business ventures you’re engaged in — or might engage in? If the ventures are passive activities, the passive activity loss rules prevent you from deducting expenses that are generated by them in excess of their income. You can’t deduct the excess expenses (losses) against earned income or against other nonpassive income. Nonpassive income for this purpose includes interest, dividends, annuities, royalties, gains and losses from most property dispositions, and income from certain oil and gas property interests. So you can’t deduct passive losses against those income items either. Any losses that you can’t use aren’t lost. Instead, they’re carried forward, indefinitely, to tax years in which your passive...

Working with a First-Time Auto Dealer

(Run Time: 1 min, 40 sec) Working with a first-time auto dealer is an important job.  One reason is because everything is new.  Everything must be set up from scratch.  I always say that it’s easier to do something right the first time than to have to fix it later.  But you have to let me help . . . keep me in the loop. I had a dealership client once that was on the grow . . . purchasing a new dealership every year.  The problem was that his attorney didn’t know dealerships, and I never heard about the transaction until it was consummated.  The result?  Every year, I spent a good amount of time figuring out how to undo errors in the business entity formations,...

Working with an Existing Auto Dealer for the First Time

(Run Time 1 min, 44 sec) When working with an existing dealer for the first time, the first step is to break everything down to the lowest common denominator, so-to-say.  Each entity, and how these related companies interact with each other.  Consider whether the interactions are arranged in a tax-wise manner.  This has become even more important now in light of the recent Tax Cuts and Jobs Act.  Heralded as containing the most sweeping changes in decades, new rules such as the 30% Business Interest Limitation and the 20% Qualified Business Income deduction have turned tax planning on it’s ear. Looking at everything with a new set of eyes can be very . . . well, eye-opening.  The same goes for the dealership returns.  At the end...

Tax Rules for Deducting Software

Do you buy or lease computer software to use in your business? Do you develop computer software for use in your business, or for sale or lease to others? Then you should be aware of the complex rules that apply to determine the tax rules for deducting software, whether you're buying, leasing or developing. Purchased software Some software costs are deemed to be costs of “purchased” software, meaning software that’s either: Non-customized software available to the general public under a non-exclusive license or Acquired from a contractor who is at economic risk should the software not perform.  The entire cost of purchased software can be deducted in the year that it’s placed into service. The cases in which the costs are ineligible for this immediate write-off are the...

How Technology Disruption will Affect the Automotive Industry

As posted to the Tony Seba YouTube Channel on 10/30/2019 (Run Time 31 min, 17 sec) Based on Tony Seba's #1 Amazon bestselling book "Clean Disruption of Energy and Transportation" and "Rethinking Transportation 2020-2030", this presentation lays out the key technologies (batteries, electric vehicles, autonomous vehicles), business model innovations (ride-hailing, transportation-as-a-service), how the technology disruption will affect existing companies and sectors (market trauma) and how it will unfold over the next decade, as well as key implications for society, finance, industry, cities, and infrastructure. (This is Blog Post #907) Tony Seba is the author of "Clean Disruption of Energy and Transportation - How Silicon Valley Will Make Oil, Nuclear, Natural Gas, Coal, Electric Utilities and Conventional Cars Obsolete by 2030" and "Rethinking Transportation 2020-2030". He is the creator of...

The Past, Present, and Future of EVs

As posted to the Munro Live YouTube Channel on 10/9/2020 (Run Time 22 min, 38 sec) This video is an "abridged" version of a presentation given by legendary automotive engineer Sandy Munro in September, 2020.  On Testa's growing lead in technology, Sandy comments, "It is not the big that eat the small, but rather the fast that eat the slow". (This is Blog Post #905) Sandy Munro is an automotive engineer who specializes in machine tools and manufacturing. He joined the Ford Motor Company in 1978 and then started his own consulting company, Munro & Associates, which specializes in lean design, tearing down automotive products to study and suggest improvements and innovations....