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BUSINESS                 Saturday 12 January 2019
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            Small business tax deduction has CPAs scratching their heads





            By JOYCE M. ROSENBERG                                                                                               that  owns  real  estate  as
            Associated Press                                                                                                    investment  property,  you
            NEW  YORK  (AP)  —  Millions                                                                                        probably can aggregate,”
            of  small  business  owners                                                                                         Farra  says.  But  someone
            will be in uncharted waters                                                                                         who  owns  a  cleaning  ser-
            this  tax  season  as  they  try                                                                                    vice and an auto servicing
            to determine if they qualify                                                                                        shop  wouldn’t  be  able  to
            for a deduction that could                                                                                          aggregate their income.
            exempt one-fifth of their in-                                                                                       QUESTIONS  AWAITING  AN-
            come from taxes.                                                                                                    SWERS
            Five  months  after  the  IRS                                                                                       The  guidelines  the  IRS  is-
            issued  guidelines  to  help                                                                                        sued in August aren’t set in
            business  owners  and  tax                                                                                          stone although the agency
            advisers  understand  how                                                                                           said  taxpayers  could  rely
            the  complex  deduction                                                                                             on them in compiling their
            works,  accountants  and                                                                                            2018  returns.  The  agency
            tax  attorneys  still  have                                                                                         has issued proposed regu-
            questions. Even those who                                                                                           lations, and tax profession-
            have  attended  seminars                                                                                            als have already asked the
            and  workshops  about  the                                                                                          IRS  to  clarify  a  number  of
            new law have come away                                                                                              issues, including which ser-
            scratching  their  heads,  es-                                                                                      vice  providers  can  claim
            pecially  about  a  section                                                                                         the  deduction.  For  exam-
            that  bars  service  providers   In this Dec. 22, 2017, file photo President Donald Trump speaks with reporters after signing the   ple, the New York State Bar
            like  doctors,  lawyers  and   tax bill and continuing resolution to fund the government in the Oval Office of the White House in   Association,  which  asked
            consultants  from  claim-    Washington.                                                                            the  IRS  for  multiple  clarifi-
            ing  the  deduction.  Some                                                                         Associated Press  cations, said many taxpay-
            of  these  company  owners   or industry — and earnings   that work. But the same op-  not  show  the  data  CPAs   ers,  including  those  who
            have businesses that don’t   from investments.            tometrist who also sells eye-  will need to know,” Dotson   and rent a small number of
            easily fit into the IRS guide-  If taxable income is above   glasses and contact lenses  says.  In  that  case,  either   real estate properties, may
            lines  or  proposed  regula-  the  $157,500  or  $315,000   may be able to use the de-  the owner has to go back    be uncertain about wheth-
            tions  the  agency  has  also   threshold, owners may get   duction for that income.   and change the books, or     er the deduction applies to
            issued. “There’s a lot of con-  a  partial  deduction.  There   Another example: A graph-  pay extra to have their tax   them.q
            flicting  advice  out  there,”   are two critical factors that   ic  designer  who  consults  advisers do the work.
            says Jeffrey Berdahl, a CPA   can  limit  the  size  of  the   with clients but also creates  Owners  who  have  more
            with  RLB  Certified  Public   break. The first involves the   websites.  “You’re  consult-  than one business with em-
            Accountants  in  Allentown,   company’s  W-2  wages,  or   ing, but also selling a prod-  ployees  may  be  able  to
            Pennsylvania. “It’s going to   how much it pays employ-   uct,” Berdahl notes.         aggregate, or combine the
            be like the Wild West.”      ees, and the value of some   There  might  be  some  un-  qualified  business  income
            THE BASICS                   of  its  property;  complex   pleasant  surprises  when  of  the  companies,  and
            The deduction is aimed at    calculations go into assess-  owners  in  such  situations  lower  the  impact  of  W-2
            giving  tax  breaks  to  sole   ing  the  impact  of  wages   get  to  their  CPA’s  offices.  wages  on  the  deduction,
            proprietors,  partners  and   and  property  on  the  de-  The new law requires sepa-  says  Miguel  Farra,  a  CPA
            owners  of  S  corporations;   duction. The second factor   rate  records  for  the  differ-  and tax attorney with MBAF
            these businesses are known   affects  owners  who  are  in   ent types of work.        in Miami. But the businesses
            as  pass-throughs  because   what’s  called  a  specified   “They might find their books  must be in a related indus-
            company  income  “passes     service trade or business —   may not be in good shape  try. “If you are a real estate
            through”  to  owners’  1040   for example, health provid-  for tax reform — they may  developer  and  somebody
            forms,  where  it  is  reported   ers, attorneys, accountants
            to  the  IRS.  Before  the  law   or  consultants.  They  have
            was  enacted,  many  of      no  deduction  if  their  tax-
            these  owners  couldn’t  get   able  income  is  more  than
            the  more  favorable  tax    $207,500  for  an  individual
            treatment  enjoyed  by  tra-  or  $415,000  for  a  married
            ditional corporations, those   couple.
            known as C corporations.     The  IRS  spells  out  the  con-
            The  new  law  allows  many   ditions  for  taking  the  de-
            owners  to  deduct  20  per-  duction on its website. Visit
            cent of what’s called quali-  https://bit.ly/2RbxOtc .
            fied business income. They   MORE  THAN  ONE  ACTIVITY
            can get the full deduction   OR BUSINESS?
            as  long  as  their  taxable   Owners  whose  businesses
            income  doesn’t  exceed      involve  a  variety  of  activi-
            $157,500  for  an  individual   ties  may  find  that  income
            and $315,000 for a married   from  some  qualify  for  the
            couple filing jointly. But tax-  deduction   while   others
            able income includes own-    don’t, says Angela Dotson,
            ers’ and spouses’ earnings   a CPA with Aprio in Atlanta.
            from  outside  the  business   An  optometrist  who  treats
            — for example, being em-     patients  may  not  be  able
            ployed  in  a  different  field   to claim the deduction for
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