Thursday, June 30, 2011

IRS National Research Program Audit

The IRS will be conducting National Research Program (NRP) audits of S-corporations during the fall of 2011. The NRP audits are usually a more in depth audit which looks at almost everything. Whereas a normal IRS audit usually focuses on a few selected items that are large or questionable in nature. Also, normally when a return is audited it is a return that was prepared 2 to 3 years ago. However, on the NRP audits the IRS will be auditing the most recently filed tax return. This could mean that if you filed an S-corporation for 2010 that it will be under audit this fall.

The NRP audits are usually performed so that the IRS can get a better idea of where people are making mistakes or are "cheating" on their tax returns. They use the information gathered to pick who should be audited and to "better" audit the returns. Even though the NRP audits are for research purposes, any adjustments made by the IRS would still be treated as a normal audit adjustment.

If you receive a notice or a telephone call from the IRS indicating that you are going to be audited, please let us know as soon as possible so that we can assist you.

Charitable Organizations’ Losses of Exempt Status

Over 1,000 nonprofit organizations in Utah lost their exempt status at the beginning of June 2011 because they failed to file any sort of form with the IRS. They are no longer included in the list of organizations, contained in Publication 78, that a person can donate to and take a deduction for on their tax return. The IRS has posted a listing of these organizations on their website.

The IRS supposes that many of these are simply organizations that no longer exist and thus never sent in any filing. However, they also recommend that every tax payer check the listing to make sure that, if they are donating to an organization, the organization is on the list.

If you are donating to a "charity" that you are not sure is an exempt organization for IRS purposes, do not simply rely on the letter originally given to the "charity" accepting them as a non-profit organization. That letter may be out of date and if they are no longer an exempt organization for IRS purposes, then any donations made to them are non-deductible on your tax return. Instead, please either refer to publication 78 on the IRS website or contact us and we can find out for you.

Thursday, June 23, 2011

IRS Increases Milage Rate

WASHINGTON — The Internal Revenue Service today announced an increase in the optional standard mileage rates for the final six months of 2011. Taxpayers may use the optional standard rates to calculate the deductible costs of operating an automobile for business and other purposes.

The rate will increase to 55.5 cents a mile for all business miles driven from July 1, 2011, through Dec. 31, 2011. This is an increase of 4.5 cents from the 51 cent rate in effect for the first six months of 2011, as set forth in Revenue Procedure 2010-51.

In recognition of recent gasoline price increases, the IRS made this special adjustment for the final months of 2011. The IRS normally updates the mileage rates once a year in the fall for the next calendar year.

"This year's increased gas prices are having a major impact on individual Americans. The IRS is adjusting the standard mileage rates to better reflect the recent increase in gas prices," said IRS Commissioner Doug Shulman. "We are taking this step so the reimbursement rate will be fair to taxpayers."

While gasoline is a significant factor in the mileage figure, other items enter into the calculation of mileage rates, such as depreciation and insurance and other fixed and variable costs.

The optional business standard mileage rate is used to compute the deductible costs of operating an automobile for business use in lieu of tracking actual costs. This rate is also used as a benchmark by the federal government and many businesses to reimburse their employees for mileage.

The new six-month rate for computing deductible medical or moving expenses will also increase by 4.5 cents to 23.5 cents a mile, up from 19 cents for the first six months of 2011. The rate for providing services for charitable organizations is set by statute, not the IRS, and remains at 14 cents a mile.

The new rates are contained in Announcement 2011-40 on the optional standard mileage rates.

Taxpayers always have the option of calculating the actual costs of using their vehicle rather than using the standard mileage rates.

Mileage Rate Changes

Business
Rates 1/1 through 6/30/11 - 51
Rates 7/1 through 12/31/11 - 55.5

Medical/Moving
Rates 1/1 through 6/30/11 - 19
Rates 7/1 through 12/31/11 - 23.5

Charitable
Rates 1/1 through 6/30/11 - 14
Rates 7/1 through 12/31/11 - 14

Tuesday, June 21, 2011

Travel Tax Breaks

The following article is from RIA Daily Tax Alert (06/21/2011).

Tax Breaks are Available for Travelers Who mix a bit of pleasure with their business travel

Although video conferencing has made inroads in the ranks of business travelers, there still are many situations where it's necessary to travel away-from-home overnight for face-to-face meetings with staff, management, or customers. Businesspeople or professional who must travel for work reasons should keep in mind that they may be able to qualify for a travel bargain by piggybacking a vacation onto an out-of-town business trip. In effect, the business traveler gets free vacation airfare if the trip is set up the right way. And if the travel is undertaken for an employer, a properly set up reimbursement arrangement for the business portion of the trip will be income- and payroll-tax-free. This Practice Alert takes a closer look at how this combination works for domestic travel, along with a review of other business travel strategies that may yield personal savings. It doesn't cover some of the more specialized rules, such as those that apply to travelers in the transportation industry, or the per diem reimbursement rules.

Deductions for trip undertaken primarily for business. A taxpayer who mixes a bit of pleasure with business while away from home nonetheless may deduct all of the round-trip transportation costs as long as the trip was undertaken primarily for business reasons. ( Reg. 1.162-2(b)(1) ) The cost of lodging plus 50% of meals while on business status is deductible. Additionally, if the traveler is an employee reimbursed for all expenses under an accountable plan that requires a timely accounting of the time, place, and business purpose of the travel, plus receipts, the reimbursement is tax-free to the traveler (but the personal portion of the trip yields no tax benefit to the traveler).

RIA observation: In effect, the 100% deduction for the round-trip travel costs works as a kind of tax subsidy for a personal vacation, or as a partially tax-free perk.
RIA illustration 1: Jane, a self-employed information technology specialist, flies from the East Coast to Los Angeles for a 5-day business trip. She takes in three days of vacation and sight-seeing after the business part of the trip is over.
Result: Because Jane can deduct the entire air fare, part of her mini-vacation is, in effect, subsidized by the tax break.
RIA illustration 2: The facts are the same as in illustration (1), except that Jane is employed by a corporation that reimburses her for the business portion of the trip after she submits detailed records and receipts. She pays for the personal portion of the trip (meals and lodging during the three personal days).
Result: Under the accountable plan rules, the reimbursement for the round-trip airfare (as well as for meals and lodging while on business status) is tax-free to Jane, and is not subject to FICA or income tax withholding. (Reg. 1.62-2(c)(2)(i) , Reg. 1.62-2(d)(1) ) That's true even though she took a mini-vacation after her business trip ended. The corporation deducts the travel costs it pays (but only 50% of the cost of meals is deductible).
RIA illustration 3: The facts are the same as in illustration (2), except that the corporation reimburses Jane for the cost of the entire trip, including the 3-day mini-vacation. Result: Her cost for the personal portion of the trip consists of the tax she pays on the personal portion's value (hotel, meals, etc.), which must be treated as compensation income. The corporation's deduction consists of 50% of the meal costs while Jane is on business travel status, 100% of the round-trip air fare, 100% of the lodging costs while she is on travel status, and (assuming that her entire compensation package is "reasonable") 100% of the cost of the mini-vacation since that was treated as compensation paid to Jane.

When is a trip treated as undertaken primarily for business? There is no hard-and-fast rule. It depends on the facts and circumstances of each case. The regs do say, however, that the way travelers split their time between business and personal pursuits is "an important factor." ( Reg. 1.162-2(b)(2) )

RIA illustration 4: Fred works in Atlanta and travels to New Orleans on business. On his way home, he stops in Mobile to visit his parents. During the nine days he is away from home, he spends $1,999 for travel, meals, lodging, and other travel expenses. Had he not stopped in Mobile, Fred would have been away from home for only six days and his trip would have cost only $1,699. Result: Fred can deduct $1,699 for his trip, including the round-trip transportation to and from New Orleans. The 50% deduction limit applies to his meals while on business status. (IRS Pub. 463 (2010), p. 6)
RIA observation: As is evident from illustration (4), the personal part of a trip need not occur at the business destination. It can take place on the way home from the business destination (or, for that matter, en route to the business destination).
RIA caution: Taxpayers who make a stop for personal reasons en route to a business location or on the way home should be sure to keep records of what their round-trip transportation costs would have been without the personal stop.

Saturday night stayovers. Although an employee's out-of-town business chores conclude on Friday, he may extend his business trip to take advantage of a low-priced fare requiring a Saturday night stayover, where the savings in airfare are higher than the costs of the weekend meals and lodging. The employee doesn't pay tax on the reimbursement for his Saturday meal and lodging expenses. ( PLR 9237014 ) In this case, IRS said that under a "common sense test," payments to the employee for the Saturday stay were deductible if a "hardheaded business person would have incurred such expenses under like circumstances."

When a personal day may not be a personal day. An away-from-home business trip may straddle a weekend. For example, a traveler may have to attend business meetings on Thursday, Friday, and Monday. He is too far away to travel home and then come back (and besides, the trip back and forth would cost more than staying put), so he spends the weekend relaxing at the out-of-town location. Because he must remain at the location for business reasons, the weekend days (Saturday and Sunday) should under the "common sense test" be treated as business days the expenses for which are deductible (50% of meal costs, 100% for other expenses) or excludible if the traveler is reimbursed under an accountable plan. Note that in the context of foreign travel, IRS Pub. 463 (2010), p. 8, treats such standby days as business days.

Tax break for weekend travel home. A business traveler on an extended out-of-town assignment may decide to fly home for a weekend to be with family or friends. The cost of the weekend trip home is deductible up to the amount the traveler would have spent on meals and lodging at the out-of-town location. Note, however, that this rule applies only if the traveler checks out of the out-of-town hotel before leaving for the weekend trip home, and then re-registers. If the traveler retains the hotel room, its cost is deductible, but the deduction for the weekend trip home (i.e., the air fare) is limited to what the traveler would have spent on meals during the weekend at the out-of-town location. (IRS Pub. 463 (2010), p. 4)

Tax breaks when spouse or companion comes along. The expenses of a spouse or other companion accompanying a traveler aren't deductible unless (1) the spouse or other companion is an employee of the taxpayer and travels for a bona fide business purpose, and (2) the expenses would otherwise be deductible by the spouse or other companion. (Code Sec. 274(m)(3)) Nevertheless, even if the spouse's or other companion's travel expenses aren't deductible, a tax benefit may still be salvaged from traveling together. That's because the business traveler's deduction isn't based on 50% of the trip expenses. The deduction is based on what it would have cost the taxpayer to travel alone. (Rev Rul 56-168, 1956-1 CB 93 ) This rule can be a money saver on accommodations. For example, where the cost of a hotel room is $200 for one occupant and $149 for two, a taxpayer on business status may deduct $149 per night, not $100, when he gets a room for two. (IRS Pub. 463 (2010), p. 5) Similarly, where the taxpayer travels out of town on business via rental car, and his spouse or other companion accompanies him for non-business purposes, the entire cost of the rental is deductible, because the cost would have been the same for the taxpayer even if his spouse did not join him on the trip. (Pohl, Kenneth, (1990) TC Memo 1990-298 , PH TCM 90298 , IRS Pub. 463 (2010), p. 5)

2011 Thomson Reuters/RIA. All rights reserved.

Monday, June 13, 2011

Two New Partners Announced

Mantyla McReynolds, Certified Public Accountants announced the promotion of two new partners, Matt McReynolds and Brian Cheney.

“It is with excitement that we welcome Matt and Brian to the partnership as they have continually exemplified leadership and success,” said Don Mantyla, co-founder and Partner. “They demonstrate the important skills necessary of a partner as they’ve made significant contributions to our clients, communities and our staff”.

Matt McReynolds, CPA has been with Mantyla McReynolds for approximately 12 years. Matt has been heavily involved with companies going public through initial SEC registrations and reverse acquisitions. This requires strict compliance with rules and regulations and Matt has also applied this high level of attention and care to private entities. He has guided companies through numerous technical issues such as convertible debt and equity transactions. Matt worked for Mantyla McReynolds part-time during his master’s and bachelor’s programs from 1999 through 2003. After the master's program, he was recruited and hired by a Big 4 firm as an Audit and Risk Advisory Services Associate. However, after our audit practice started to grow exponentially, we asked Matt to consider coming back in 2004. He agreed, as long as it meant that he could service some amazing public and private companies, which has definitely been the case. As a result of Mantyla McReynolds joining the BDO Seidman Alliance as an independent member, Matt enjoys being involved with a firm that has direct access to extensive national and international resources, while maintaining our local firm autonomy. Matt services publicly traded issuers and privately held companies throughout the United States as well as companies with international operations. Matt has been a very dedicated manager, and we are confident in the success of Mantyla McReynolds with him as a partner.

Brian Cheney, CPA has been with Mantyla McReynolds since 2008. In a short amount of time we've come to realize that new clients investigate and retain our firm not because of what Brian has said about our service and expertise, but because of what his clients have said about him. It's not every day that the CEO and CFO of large public companies will brag to their peers about their auditor, but that is what we've come to experience from Brian's clients. Brian is widely recognized by clients and peers alike for his personable and dedicated client service and outstanding technical knowledge. Brian's clients know this is his passion, and fortunately he's very good at it. While at Mantyla McReynolds, Brian’s clients have successfully completed secondary public offerings aggregating over $500 million. After graduating from Brigham Young University, Brian excelled at a Big 4 accounting firm for 8 years. He joined us in 2008 as a Senior Audit Manager, with the vision of serving his clients with the streamlined efficiencies only a local firm can provide. With the BDO Alliance, he still has the national and international resources immediately available to efficiently respond to each of his client's unique needs. Whether it's working with attorneys and underwriters through a substantial equity raise or guiding a client through the efficient implementation of a financial reporting internal control system, he has consistently exceeded the needs of his clients.