Financial Planning,Tax

New law brings back federal estate tax for 2011 and 201231 Aug

The estates of wealthy individuals who died in 2010 didn’t pay any federal estate tax, but that situation has changed. Under the recently enacted “Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010,” the federal estate tax, which disappeared for 2010, sprung back to life in 2011 and is imposed at the top rate of 35% of the estate’s value after the first $5 million. I hope, in this blog article, to provide some useful information via this brief overview of the new law.

Background

The modern estate tax dates back to 1916, when it was imposed at a rate of 10% on the portion of estates above $50,000. Over the following years, the rates and exemption amounts have varied, reaching a high of 77% from 1941 to 1976 with a $60,000 exemption amount.

In 2001, Congress passed the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA), the first of the two large legislative packages that contain most of what are now commonly referred to as the Bush tax cuts. EGTRRA gradually lowered the maximum estate tax rate and substantially raised the applicable exclusion amount over the years 2002 through 2009. The maximum tax rate fell from 60% under prior law in 2001 (a 55% marginal rate on taxable estate values over $3 million plus a 5% surtax from $10 million to $17 million) to 45% in 2007-2009. EGTRRA repealed the estate tax completely for decedents dying in 2010. That led to several well-publicized instances in which famous people died in 2010 leaving multibillion-dollar estates that will pass to their heirs without paying so much as a penny in federal estate tax. However, all of those provisions were scheduled to sunset on December 31, 2010, meaning that if Congress had not acted, starting January 1, 2011, the estate tax would have sprung back at a level that no one seemed to want. Where the exclusion was $3.5 million ($7 million for couples) in 2009 – a level at which it affected relatively few households – it would have been $1 million ($2 million for couples) in 2011. The tax rate would also have risen, from a top rate of 45% in 2009, to a top rate of 55% in 2011.

New law

The new law brings back the estate tax, for 2011 and 2012 anyway. During 2011 and 2012, the top rate is 35%. For 2011, the exemption amount is $5 million per individual (indexed for inflation after 2011). At those levels, the vast majority of estates (all but an estimated 3,500 nationwide in 2011) will not be subject to any federal estate tax, and the tax will raise about $11.4 billion for the government. By way of comparison, the 55% tax with a $1 million exemption would have resulted in about 43,540 taxable estates in 2011, and raised about $34.4 billion. Tax historians would also note that except for the temporary repeal of the estate tax in 2010, the estate tax rate has not been less than 45% since 1931.

The new law also gives heirs of decedents dying in 2010 a choice of which estate-tax rules to apply – 2010′s or 2011′s. That’s important because although there is no estate tax in 2010, some inherited assets are subject to higher capital gains tax under the 2010 rules, a situation that actually raises the tax burden for some heirs. Inherited assets under the 2010 rules have a tax basis equal to the price when they were purchased (referred to in tax parlance as “carryover basis”) rather than their value at death. That could lead to a significant tax burden for heirs who sell assets such as stocks that had been held for many years and have greatly appreciated in value. Under the 2011 rules, by contrast, heirs are allowed to inherit assets with a “stepped-up basis.” While most heirs would choose the 2011 regime ($5 million exemption from both estate and generation-skipping tax and an unlimited step-up in the basis of assets to their current market value), the heirs of superrich decedents could find it more advantageous to elect the original 2010 law (limited step-up in the basis of assets and no estate tax). If the executor does not elect to have the original 2010 rules apply, the estate tax return’s due date will not be earlier than the date that’s nine months after the new law’s enactment date (Sept. 19, 2011).

For gifts made after December 31, 2010, the gift tax is reunified with the estate tax. Under the new law, the estate and gift tax exemptions are reunified in 2011, which means that the $5 million estate tax exemption will also be available for gifts. The law in effect prior to 2010 provided a $3.5 million lifetime exemption for estates, but only $1 million for gifts. The gift tax rate, starting in 2011, is 35%. The exemption from the generation-skipping tax (GST) – the additional tax on gifts and bequests to grandchildren when their parents are still alive – also rose to $5 million from the $1 million it would have been without the new law. The GST tax rate for transfers made in 2011 and 2012 is 35%.

From a planning standpoint, a nice feature of the new law is that it makes it easier to transfer the $5 million exemption to a surviving spouse, so married couples can shield $10 million of their assets from taxes. In the language of tax professionals, the estate tax exemption will be “portable.”

I hope this article provided useful information or was at least thought provoking. If you would like more details about the estate tax or any other aspect of the new law, please do not hesitate to call me or any other principal at HBK.

J. Michael Sowers, CPA is a Principal with Hill, Barth & King LLC in the Fort Myers, Florida office and has extensive experience in accounting, auditing and litigation support. He joined the firm in 2010 when Gilbert, Wallace, Stewart, Stramel & Sowers, P.A. merged with HBK.  Mike can be contacted by phone at 239-482-5522 or email at msowers@hbkcpa.com.

Construction

Important Contract Clauses18 Jul

The clauses requiring the most attention in a construction contract, whether it is a standard or customized contract, are progress payment and retainage clauses. Other clauses also deserve special attention from both the contracting parties and the practitioner because they have financial statement and tax implications.

Change orders

The change order clause permits additions, deductions, or changes to the contract after work has begun. If the change order clause is not included in a Fixed-Fee Contract, additional work will have to be negotiated. Typical reasons for change orders are as follows:

  • Owner or designer change of opinion or preference
  • Code changes
  • Schedule slippage
  • Unexpected weather conditions
  • Change in owner available funding
  • Design error or omission

Retention

As with most construction contracts the owner typically withholds or retains a percentage of the progress payments due the contractor until project completion. The contractor, in turn, retains a portion of the payments due subcontractors. The purpose of retainage is to provide the owner security for costs incurred to repair defective work, to settle claims from parties not paid by the contractor, and more importantly to ensure that work is completed in accordance with the contract. The contractor’s cash flow and profitability can be significantly affected if the retention is not received on a timely basis because the retention may be as much as, or more than, the contractor’s profit on the project.

Claims

Disputes sometimes arise between a contractor and owner when plans and specifications are not clear or when a work item not addressed by the plans are encountered. For example, there have been instances where structures have collapsed, resulting in personal injury or loss of life. In cases such as this the owner may believe that there were errors made during the construction phase of the project, whereas the contractor may believe that the problem was the result of a design flaw.

Regardless of the cause of the claim, the claims clause in a construction contract will stipulate the procedures that a contractor will need to follow in order to have a chance of being reimbursed for the additional unanticipated costs. If a claim cannot be settled agreeably then it is deferred until the project is completed, typically with the contractor working under protest. Generally, it is not a good idea for a contractor to cease working as he runs the risk of breach of contract by doing so.

Warranty

In construction contracts, the contractor is generally required to warrant that the work performed is free of defects in material and workmanship for a period of one year from completion. While the contractor warrants his own work to be free from defects, he does not warrant against failures that may occur prematurely due to design deficiencies.

Although the clauses discussed above are generally the most significant clauses, it is important to understand all of the contract terms and the impact they might have on the project and the related financial statements.

The importance of performing an in-depth review of the contract terms cannot be overemphasized. The contractor’s accountant, whether internal or a public practitioner, must have a thorough understanding of a contract’s terms in order to properly account for all activity throughout the contract’s life. An auditor must also review the basic terms of significant contracts during the planning phase of an engagement to properly plan the audit.

Julio Barina, CPA joined Hill, Barth & King, LLC in 2006 and serves as a supervisor in the Fort Myers, Florida office. Hill, Barth & King, LLC is the 71st largest public accounting firm in the country (Inside Public Accounting, 2011). Julio can be contacted by telephone at 239-482-5522 or via email at jbarina@hbkcpa.com.

Financial Planning,News

HbK Sorce Named as Top AUM CPA/Financial Planning Firm18 Jul

Hill, Barth & King LLC (HBK), Certified Public Accountants and Business Consultants, are proud to announce that HBK Sorce Financial LLC, an independent advisory firm, has been named as one of the Top Assets Under Management CPA/Financial Planning Firms, Wealth Magnets – Billion Dollar Club by CPA Wealth Provider Magazine. Official rankings were published in their July issue.

In CPA Wealth Provider magazine’s ranking of CPAs by assets under management, HBK Sorce Financial was ranked in the top nine firms with AUM’s exceeding the billion dollar mark. “HBK Sorce Financial has maintained one basic underlying principle, to provide value to our clients,” said Chris Allegretti, Managing Principal and CEO. “The team of HBK and HBK Sorce work closely together challenging each other to better serve our most important partner, our client.” he continues.

For inclusion in this survey, there were two criteria for considerations: firms had to be a CPA firm that has a financial planning practice, even as a subsidiary or affiliate, and the financial planner in the office must hold a CPA credential.

Healthcare

Healthcare News08 Jun

HBK is an independent member of BDO/Seidman Alliance, a nationwide association of independently owned local and regional accounting, consulting and service firms with similar client service goals.  This gives us a greater worldwide presence and expands our offerings to clients.

One example is the BDO Knows Healthcare Newsletter.  You can download the Spring 2011 Edition by clicking on the cover photo to the right.  If you’re interested in receiving a free subscription to this newsletter which is published several times per year, please let us know of your interest on our Contact page.

Payroll

Attention employers: Florida minimum wage is now $7.3102 Jun

The state of Florida recently issued a notice to employers regarding minimum wage:

The revised 2011 minimum wage in Florida is $7.31 per hour, effective June 1, 2011, with a minimum wage of at least $4.29 per hour for tipped employees, in addition to tips.

The minimum wage rate is recalculated yearly on September 30, based on the Consumer Price Index.

An employer may not retaliate against an employee for exercising his or her right to receive the minimum wage.  Rights protected by the State Constitution include the right to:

1.   File a complaint about an employer’s alleged noncompliance with lawful minimum wage requirements.

2.  Inform any person about an employer’s alleged noncompliance with lawful minimum wage requirements.

3.   Inform any person of his or her potential rights under Section 24, Article X of the State Constitution and to assist him or her in asserting such rights.

An employee who has not received the lawful minimum wage after notifying his or her employer and giving the employer 15 days to resolve any claims for unpaid wages may bring a civil action in a court of law against an employer to recover back wages plus damages and attorney’s fees.

An employer found liable for intentionally violating minimum wage requirements is subject to a fine of $1,000 per violation, payable to the state.  The Attorney General or other official designated by the Legislature may bring a civil action to enforce the minimum wage.

For details, see Section 24, Article X of the State Constitution and Section 448.110, Florida Statutes.

News

Scam Alert from the Florida Department of State13 May

Several of our business clients in Florida have been the target of a recent scam and we felt that it was important to notify you of this potential threat.  Our clients received a very official looking letter from “Compliance Services” requesting an “Annual Minutes Requirement Statement”.  The form is populated with corporation information that is very accurate and states that a $125.00 fee must be sent as well.  The Division of Corporations has confirmed that it is a scam and the PO Box where the information is to be sent is a UPS box that forwards all mail to California.  This scam alert has also been posted on Sunbiz.org.  If you have any questions, please contact your local Hill, Barth and King professional.

Business Tax Planning,Financial Planning,Tax

Individual and Business Extenders in the 2010 Tax Relief Act28 Feb

In addition to extending the Bush tax cuts, providing relief from the AMT, and cutting the payroll tax by two percentage points, the recently enacted “Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010” (Tax Relief Act) extends a host of other important tax breaks for businesses and individuals. I’m writing to give you an overview of these key tax breaks that were extended by the new law. Please call our office for details of how the new changes may affect you or your business.

Individual tax relief

The following tax breaks for individuals that expired at the end of 2009 have been retroactively reinstated by the Tax Relief Act and extended through 2011.

  • The election to take an itemized deduction for State and local general sales taxes instead of the itemized deduction permitted for State and local income taxes
  • The above-the-line deduction for qualified higher education expenses
  • The $250 above-the-line tax deduction for teachers and other school professionals for expenses paid or incurred for books, certain supplies, equipment, and supplementary materials used by the educator in the classroom
  • The increased contribution limits and carryforward period for contributions of appreciated real property (including partial interests in real property) for conservation purposes
  • The provision that permits tax-free distributions to charity from an Individual Retirement Account (IRA) of up to $100,000 per taxpayer, per tax year. Individuals also will be allowed to make charitable transfers during January of 2011 and treat them as if made during 2010
  • The look-thru rule for certain regulated investment company (RIC) stock in determining the gross estate of nonresidents
  • The increase in the monthly exclusion for employer-provided transit and vanpool benefits to equal that of the exclusion for employer-provided parking benefits

In addition, the new law extends for an additional year (i.e., through 2011) the rule allowing premiums for mortgage insurance to be deductible as qualified residence interest.

Business tax relief

On the business side, the following business tax breaks that expired at the end of 2009 have been retroactively reinstated and extended through 2011 by the Tax Relief Act.

  • The research and development credit
  • 15-year writeoffs for qualified leasehold and retail improvements, and restaurant buildings (and certain improvements to such restaurant buildings)
  • 7-year writeoffs for certain motorsports racetrack property
  • The employer wage credit for activated military reservists
  • The active financing exception from the Code’s Subpart F rules for a controlled foreign corporation predominantly engaged in the conduct of a banking, financing, or similar business
  • Look-through treatment of payments between related controlled foreign corporations
  • The Indian employment credit
  • The new markets tax credit
  • Accelerated depreciation for business property on an Indian reservation
  • The railroad track maintenance credit
  • The special expensing rules for certain film and television productions
  • The mine rescue team training credit
  • The election to expense advanced mine safety equipment
  • Expensing of environmental remediation costs
  • The deduction allowable for domestic production activities in Puerto Rico
  • The American Samoa economic development credit
  • The rules exempting from gross basis tax and from withholding tax the interest-related dividends and short-term capital gain dividends received from a RIC by certain foreign persons (extended to apply to tax years of a RIC beginning before 2012)
  • The inclusion of a RIC within the definition of a “qualified investment entity” under the provisions of the Foreign Investment in Real Property Tax Act as codified in Code Sec. 897
  • The enhanced deduction for contributions of food and book inventories, and computer equipment for educational purposes
  • A liberal rule for S corporations making charitable donations
  • The special rules for interest, rents, royalties and annuities received by a tax-exempt entity from a controlled entity
  • Empowerment zone tax incentives
  • Tax incentives for investments in the District of Columbia
  • The work opportunity credit (extended for four months (through the end of 2011))
  • Qualified zone academy bonds

In addition, the new law extends for an additional year (i.e., through 2011) the temporary exclusion of 100% of gain on the sale of certain small business stock.

Energy provisions

The following energy provisions were extended by the Act (through 2011).

  • The credit for manufacturers of energy-efficient new homes
  • Incentives for biodiesel and renewable diesel
  • The credit for refined coal facilities
  • Excise tax credits and outlay payments for alternative fuel and alternative fuel mixtures
  • The special rule to implement FERCs and State electric restructuring policy
  • Suspension of the limitation on percentage depletion for oil and gas from marginal wells
  • Grants for specified energy property in lieu of tax credits
  • Provisions related to alcohol used as fuel
  • The energy efficient appliance credit
  • The credit for energy-efficient improvements to existing homes
  • The 30% investment tax credit for alternative vehicle refueling property

Disaster relief provisions

The following disaster relief provisions are extended through 2011.

  • New York Liberty Zone tax-exempt bond financing
  • Increased rehabilitation credit for structures in the Gulf Opportunity Zone
  • Low-income housing credit rules for buildings in Gulf Opportunity Zones
  • Tax-exempt bond financing for the Gulf Opportunity Zones
  • Bonus depreciation deduction applicable to specified Gulf Opportunity Zone extension property

I hope this information is helpful. If you would like more details about these changes or any other aspect of the new law, please do not hesitate to call.

Keith A. Veres, CPA is a Principal with Hill, Barth & King LLC in the Fort Myers, Florida office.   Keith has worked as a CPA helping clients in Fort Myers, Cape Coral and other Southwest Florida communities for the last 8 years.  He has been with Hill, Barth & King LLC, a top 75 accounting firm, since 1991.  Keith can be contacted by phone at 239-482-5522 or email at kveres@hbkcpa.com.

Tax

A Primer on the Extension of the Bush Tax Cuts25 Feb

The heart of the recently enacted “Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010” is a two-year extension of the Bush tax cuts. But what, exactly, are the Bush tax cuts? Here’s a primer:

Bush tax-cut legislation

The Bush tax cuts refer primarily to tax changes in two major pieces of legislation back in 2001 and 2003: the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) and the Jobs and Growth Tax Relief Reconciliation Act of 2003 (JGTRRA).

The 2001 legislation (EGTRRA) was a 10-year $1.35 billion tax cut package that was the largest tax cut since 1981. Key elements of EGTRRA included:

  • A lowering of individual income tax rates from 15%, 28%, 31%, 36%, and 39.6% to 10%, 15%, 25%, 28%, 33%, and 35%.
  • A doubling of the child tax credit from $500 to $1,000.
  • A gradual reduction in estate taxes, culminating in a one-year repeal in 2010 (but reinstatement in 2011).

But the crucial element of the 2001 tax cuts, at least for current purposes, is that they were temporary, set to expire at the end of 2010 unless Congress acted to extend them.

The 2003 legislation (JGTRRA) accelerated certain tax changes passed in EGTRRA, but the centerpiece of the law was a cut in the top capital gains rate from 20% to 15% and a cut in the top individual rate on dividends from 35% to 15%. Under the 2003 legislation, the capital gains and dividends cuts were set to expire after 2008, but they were later extended for two additional years (until 2010).

So when people talk about the “Bush tax cuts,” they are referring, for the most part, to the provisions in the 2001 and 2003 Acts that lowered individual income tax rates and cut the top rates on capital gains and dividends.

New law extends lower rates for all taxpayers for two years

Over the past several years, a lot of political energy has been expended on the issue of whether the favorable individual income tax rates, which were set to expire at the end of 2010, should be extended for everyone, or for everyone except the “rich.”

The new law settles the issue by extending the lower rates for all taxpayers. Under the new law, the rates that have been in effect in recent years—10%, 15%, 25%, 28%, 33%, and 35%—will remain in place. However, the extension is only for two years—through 2012.

New law extends lower capital gains rates for two years

Capital gains, generally speaking, refers to the profits realized on sales of non-inventory assets. For individuals, capital gains are generally taxed at a preferential rate in comparison to ordinary income.

The amount of tax depends on both the investor’s tax bracket and how long the investment was held before being sold. Short-term capital gains on investments held for a year or less are taxed at the investor’s ordinary income tax rate. Long-term capital gains, which apply to assets held for more than one year, are taxed at a lower rate than short-term gains.

Since 2008, the tax rate on long-term capital gains has been 0% for individuals in the 10% and 15% income tax brackets, and 15% for everyone else. However, those rates were scheduled to expire at the end of 2010, as explained above, with the result that in 2011 the long-term capital gains tax rate would have risen to 20% (10% for taxpayers in the 15% tax bracket) if Congress had not acted.

The new legislation forestalls these increases by extending the 0% and 15% long-term capital gains tax rates for two years (through 2012).

New law extends lower rates for qualified dividends for two years

Since 2003, “qualified dividends” have been taxed at the same low tax rates that apply to long-term capital gains. For dividend income falling in the higher tax brackets, the rate is 15%. In the first two brackets (where ordinary income is taxed at 10% and 15% rates), the dividend rate is 0%.

To count as “qualified,” dividend-paying common stocks must be held for at least 61 continuous days before the ex-dividend date—the last purchase day for collecting the dividend. For preferred stock, the required holding period is 91 days before the ex-dividend date.

The low rates for qualified dividends, like the other Bush tax cuts, were scheduled to expire at the end of 2010. If Congress had not acted, beginning in 2011 taxes on dividends would have returned to the rates that were in effect before 2001, and all dividend income received in 2011 would have been taxed as ordinary income. Since the top income tax rate was scheduled to return to 39.6%, individuals could have paid as much as a 39.6% tax on dividends.

The new legislation prevents that from happening by continuing the tax regime in effect for qualified dividends (i.e., treatment as long-term capital gains, subject to a 0% tax rate for individuals in the 10% and 15% tax brackets and a 15% tax rate for other taxpayers) for two years—through 2012.

I hope this information is helpful. If you would like more details about the extension of the Bush tax cuts or any other aspect of the new law, please do not hesitate to call.

Elizabeth (Libby) M. Slater, CPA is a Principal with Hill, Barth & King LLC in the Fort Myers, Florida office.  Libby has worked as a CPA helping clients in Fort Myers, Cape Coral and other Southwest Florida communities for the past 10 years.  She has been with Hill, Barth & King LLC, a top 75 accounting firm, since 2002.  Libby can be contacted by phone at 239-482-5522 or lslater@hbkcpa.com.

Manufacturing,Tax

Tax Relief Act is Good News for U.S. Exporters20 Jan

United States exporters continue to benefit from powerful tax savings through the use of Interest Charge Domestic International Sales Corporations (IC-DISCs). By establishing an IC-DISC, the owners of a US operating company can save tax at the rate of up to 20% on commissions paid to the IC-DISC on qualifying foreign sales. Because Congress extended the preferential capital gains rates to qualifying dividends for another two years, the IC-DISC continues to be a viable tax saving tool.

Here’s How it Works
A United States exporter can pay income tax on ordinary operating profit at a rate as high as 35%. Once an IC-DISC is established, the operating company can pay to the IC-DISC a commission on foreign sales, which is generally equal to 4% of qualified export gross receipts or 50% of taxable income, whichever is greater. The commission is taken as a deduction by the operating company which in turn saves income tax at its bracket rate.  The IC-DISC does not pay tax on the income it receives. Rather, the IC-DISC distributes some or all of its profit to its shareholders as qualified dividends taxed to the shareholders at the preferential capital gains rate (as high as 15%).  Therefore, by establishing an IC-DISC, the owners of a US exporter may convert income which would normally be taxed at rates as high as 35% into qualified dividends taxed at rates as high as 15% (thus the 20% savings mentioned above).  It is important to note that only individuals, including shareholders of pass-through entities such as S corporations and limited liability companies, are entitled to the preferential capital gains rate on qualified dividend income.

The IC-DISC is not required to currently distribute all of its profit. For any amount not distributed, the shareholders will incur a small interest charge on the deferred income tax amount.  The IC-DISC tax regime gives U.S. exporters the ability to defer up to $10,000,000 of income per year almost entirely tax-free.  Because there are some costs involved in creating and maintaining an IC-DISC, history shows that in order to benefit from the creation of an IC-DISC, the operating company must generally have foreign sales of at least $500,000.  And because foreign sales cannot be counted until the IC-DISC is actually established, the sooner one establishes the IC-DISC the better.

Establishing and Operating the Entity

To receive the tax savings of an IC-DISC, it is first necessary to establish the entity. Tax benefits will only be applicable to income transferred to the IC-DISC after the entity is created. The IC-DISC is a domestic corporation that may be established in any state in the United States for which a valid IC-DISC election can be made on Form 4876-A.  All shareholders of the IC-DISC must sign form 4876-A.  Particular attention needs to be paid to the proper incorporation state, as some states offer additional tax savings over others.

To qualify as an IC-DISC for a taxable year, the IC-DISC must have, on every day of the year, at least $2,500 of capital and only one class of stock.  We recommend starting the company with $3,000 so as not to run afoul of this rule.

95% of the gross receipts must be qualified export receipts.  This criterion must be satisfied on an annual basis.  In addition, 95% of the entity’s assets must be qualified export assets.   This test must be satisfied on the last day of the entity’s tax year.  Qualified export assets include:

  1. Customer accounts receivable
  2. Commissions receivable (if paid within 60 days of year end)
  3. Stock and securities in related foreign export corporations
  4. Producer’s loans
  5. Certain financial assets (PEFCO paper)
  6. Cash not in excess of excess of working capital needs of the IC-DISC

The entity must not be a member of a controlled group of which a FSC (Foreign Sales Company) is also a member. The entity must also not be an ineligible corporation.  Examples include Personal Holding Company, a Financial Institution, and an Insurance Company operating under Subchapter L, Regulated Investment Company, Electing Small Business Corporation and China Trade Act Corporation among others.

Taxpayers should enlist the assistance of Hill, Barth & King LLC’s experienced tax practitioners to ensure that qualification requirements are met and maximum tax savings potential is achieved.

If you have any questions about the content above, please contact the HBK team member with whom you regularly work.

Joe Ledford is a Principal at Hill, Barth & King and leads the firm’s Manufacturing Group. Joe has over 23 years experience serving clients in the manufacturing industry.

Business Tax Planning,Construction

Construction Contractors – To Change or not to Change07 Jan

Now I am not talking about changing estimating software, construction methods or even replacing personnel. As a CPA in southwest Florida serving many construction clients both large and small, many of whom have struggled over the last three years seeing revenues drop considerably to levels that most of us would care not to remember; especially in the Lee County markets. Surprisingly, this may have provided some contractors with the ability to change tax accounting methods to one that will allow them to defer taxes on new business as hopefully the rebound takes off with more robust activity in the construction markets.

If I have your interest, read on. First off, this opportunity still may not be available to all contractors. Generally speaking, contractors are required to account for long-term contracts on a percentage completion method of accounting. Small contractors, those with average revenue over the preceding three (3) years under ten (10) million per year, were able to make the election to report tax revenue on a completed contract basis. What happened during the construction explosion and real estate market run up was that many contractors were required to switch from the completed contract method to the percentage completion method because their average revenues grew in multiples. This was more than likely an unpleasant tax surprise to the business owners during the year that the change was forced upon them.

Second, those companies that were forced into the accounting change in the boom years now can look to changing back in the, lets say more challenging times, as long as they now can comply with the average revenue test. The IRS surprisingly makes this change fairly easy. In many cases changes to accounting methods require prior consent of the service but in this scenario, this is what we call in the tax and accounting world, an automatic change. IRS Revenue Procedure 2002-28 indicates that the method change simply needs to be disclosed on the next timely filed tax return for the business. The election indicating the method change and the dollar impact of the change must be disclosed on IRS form 3115, which must be attached to the business return.

Third, lets be clear about a couple points. This method change does not eliminate taxes but merely defers them to a later date. Generally, tax planning ideas try to accomplish two things; (1) accelerate deductions or in this case (2) defer income. You can almost never completely avoid the tax man. The best you can do is to keep him out of your back pocket for as long and for as much as possible. Also, this method change may not be permanent. Just like back in the boom era, if your company grows above the average revenue thresholds, you will be forced back into the percentage of completion method. Without proper planning, the tax sting may make you feel like an NFL linebacker that just got fined for helmet to helmet contact. The difference in this case is you get hit with both, the cash drain and maybe the concussion too.

Don’t take me the wrong way based on the last comment, we at Hill, Barth and King, a premier accounting, tax and consulting firm in Fort Myers, Naples and Sarasota in southwest Florida will almost always recommend a tax strategy that defers income but many factors can come into play when making this type of a decision. No decision should be made in a vacuum without adequate discussion with your tax advisor. Please contact me or any of our construction niche members to discuss this or any other tax planning ideas.

Gerald (Jerry) Kimble, CPA is a Principal with Hill, Barth & King LLC in the Fort Myers, Florida office.  Jerry helps clients in Fort Myers, Cape Coral and other Southwest Florida communities.  He has been with Hill, Barth & King LLC, a top 75 accounting firm, since 1990.  Jerry can be contacted by phone at 239-482-5522 or gkimble@hbkcpa.com.

About Hill Barth & King LLC

For over 60 years, Hill Barth & King’s CPAs and financial advisors have been helping families and businesses work toward and accomplish their personal and business objectives.  In Southwest Florida our professionals have guided our clients in critical regional industries such as construction, real estate, medical and a variety of service related fields for decades.  At HBK, we bring world-class tax, assurance, accounting and other business consulting services to our clients to help them achieve their personal and business planning goals.

Address & Phone

Hill Barth & King LLC
8010 Summerlin Lakes Drive
Fort Myers, FL 33907
Phone: (239) 482-5522
Fax: (239) 482-1573
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