July 2016 Tax Alerts

Will You Be Ready for the New Overtime Pay Rules?
Are You at Risk of an Audit?
Form 5500 Filing Reminder - and Changes to Notee
Follow These Steps to a Comfortable Retirement
The Way You Obtain Health Insurance Can Affect Your Tax Return


Will You Be Ready for the New Overtime Pay Rules?

In May, the Department of Labor updated the rules for paying overtime. Under the new rules, salaried employees who earn less than $913 per week ($47,476 per year) will be eligible for overtime pay.

That's double the annual exempt amount of $23,660 from previous rules. In addition, the total annual pay for an exempt highly compensated employee is $134,004 (up from $100,000 previously). These amounts will be updated automatically every three years beginning in 2020.

The changes take effect December 1, 2016, which means you need to begin reviewing your payroll now, as penalties and fines can be assessed for noncompliance. One important step is to begin tracking hours for your salaried employees. You'll also want to review your payroll practices so you can determine the best options for your business as you get ready to implement the new rules.

Are You at Risk of an Audit?

According to recent statistics, budget cuts, staff attrition, and a heavy workload for IRS employees mean your chances of undergoing a tax audit are less than 1%. Does that sound like a non-event to you?

Don't be lured into a false sense of security. The statistic is a blended rate covering many types of incomes and taxpayers. Here are some of the reasons returns were audited.

No adjusted gross income (AGI). For AGI of zero, audit risk jumped to over 5%. The IRS benchmarks AGI because it is total income including losses from businesses and investments.

Corporate returns. Small corporations experienced up to a 2% audit risk. The risk for large corporations with assets over $20 billion was 85%.

Large adjusted gross income. Audit risk was nearly 2% for returns with AGI over $200,000. Audit risk climbed to 16% when AGI was $10 million or more.

International returns. Due to a focus on offshore tax evasion, the audit rate of international returns was almost 5%.

Estate taxes. Approximately 8.5% of estate returns were audited. Gross estates of $10 million or more were tagged with a 27% audit risk.

Be aware that even if you don't fit into any of these categories, your return may still be selected for audit. That's one reason it's essential to keep good records to support all deductions and credits you claim on your tax return for at least three years after filing.

Examples of required recordkeeping include:

When you deduct expenses for meals and entertainment, the written evidence must show who was in attendance and what business was discussed.
A home office deduction must be supported by evidence showing your home office is used regularly and exclusively as the principal place of business.
Certain non-business property that you gift, donate, or intend to distribute through your estate requires an appraisal.

Contact us for more information about tax audit issues.

Form 5500 Filing Reminder - and Changes to Notee

August 1, 2016, is the deadline for filing retirement or employee benefit returns (5500 series) for plans on a calendar year. (The usual due date of July 31, 2016, is a Sunday.)

You'll also want to note two IRS updates regarding Form 5500. First, the compliance questions are optional. Form 5500 includes new compliance questions for 2015 tax years (returns with a due date of August 1, 2016, for calendar year filers). Because the questions were not approved by the Office of Management and Budget, the instructions for Form 5500 say plan sponsors should skip them when completing the form.

Also, some Form 5500-EZ filers will need to file electronically. If you're required to file at least 250 returns of any type with the IRS, including information returns (for example, Form W-2 and Form 1099), you may need to electronically file Form 5500-EZ for calendar year 2015.

Follow These Steps to a Comfortable Retirement

Planning can help you achieve a comfortable retirement. Here are five suggestions to consider.

1. Start a retirement savings program as early as possible and contribute regularly. The longer and more consistently you contribute, the larger your nest egg will become, even before the compounding provided by growth and earnings. Regular, reasonable deposits wisely invested will easily outgrow sporadic and insignificant contributions..

2. Deposit your funds in tax-deferred accounts. Invest in tax-deferred accounts to the greatest extent possible. If your employer offers a tax-deferred plan, such as a 401(k), contribute as much as you can, particularly if the plan provides matching funds. Investigate individual options, such as IRAs, for additional planning opportunities. Why? One of the advantages of tax-deferred accounts is that investments that aren't reduced by taxes will grow and compound at a faster rate. Other advantages include the ability to control your withdrawal rate and the amount of any accompanying tax, and the opportunity to postpone recognition of taxable income until retirement, when you'll likely be in a lower tax bracket.

3. Establish an investment plan. As funds within your retirement accounts accumulate, you'll have to decide how to invest them. Establish an investment plan as early as possible. Then follow your plan consistently, revising only enough to keep matters on course, correct for deviations, and respond to unexpected events.

4. Track your portfolio and rebalance as needed. Maintain a balance among growth, income, and short-term investments, and adjust the ratios as you age. The standard rules of thumb: When you're under forty, consider investing more heavily in moderately aggressive growth vehicles. In your forties and fifties, you might want to become more conservative, shifting your balance toward income-generating investments such as high-dividend stocks.

5. Once you're retired, plan withdrawals so your funds will last the rest of your life. To avoid running out of funds, plan for a long retirement. Postpone withdrawals as long as possible, and pay them out carefully. Calculate a workable percentage to withdraw from your portfolio on an annual basis. Assume your funds will need to last at least thirty years. Continue to revisit your investments each year to monitor and rebalance as needed.

A successful retirement plan requires forethought, discipline, and monitoring. Wherever you are in the process, we're here to help. Contact us for assistance.

The Way You Obtain Health Insurance Can Affect Your Tax Return

The Affordable Care Act has been in place a few years now, and you've probably noticed that the tax reporting you have to do on your personal return depends in part on the way you obtain health insurance.

For example, say that during 2016 you are enrolled in a plan through your employer, a government plan such as Medicare, or certain self-funded plans. In this case, you generally have what's known as MEC or "minimum essential coverage." MEC is insurance that meets specified cost-sharing percentages and that includes benefits such as hospitalization and emergency services. When you're covered under an MEC plan, Affordable Care Act penalties typically don't apply, and you report your coverage on your federal tax return by checking a box. You may receive Form 1095-C from your employer, or Form 1095-B if your coverage is provided by certain private insurers or a self-funded plan. You don't have to attach either of these forms to your return. If you purchased your health plan on the government website known as the Marketplace, the government will send you Form 1095-A. You'll use the form to complete your income tax return, and keep it with your tax records for the year. Form 1095-A may indicate that you received advance payments of the premium tax credit, a federal tax credit that can reduce your health insurance premium. If so, you'll need to complete Form 8962 and file it with your income tax return. The form reconciles the premium tax credit you received with the actual amount you should have received.

Tip: Has your life situation changed during 2016? Recalculate your advance payments of the premium tax credit if you recently married, had a baby, or changed jobs. Otherwise you may end up with a surprise in the form of a smaller refund or a required repayment next year when you file your federal income tax return.

What if you don't have health insurance coverage for 2016? Unless you qualify for an exception, you'll pay a penalty. For 2016, the penalty is the greater of 2.5% of your household income, or $695 per adult ($347.50 per child under 18). The percentage calculation and the flat dollar amount both have specified maximum limits.

Please contact us for information about other ways the health care rules can affect your individual income tax return.