Richard A. Lindsey, CPA

Lindsey & Waldo, LLC – Certified Public Accountants

  • Jun 23

    Question: Like many students, I am looking forward to some time off from school and perhaps a summer job. What are the most important things I should know before I get that first job?

    Answer: Here are seven of the most important tips I could think of:

    1. Taxpayers fill out a W-4 when starting a new job. This form is used by employers to determine the amount of tax that will be withheld from your paycheck. Taxpayers with multiple summer jobs will want to make sure all their employers are withholding an adequate amount of taxes to cover their total income tax liability. To make sure your withholding is correct; visit the Withholding Calculator on IRS.gov. If you don’t expect to owe taxes, then you can choose to write “exempt” on the W-4 and not have any taxes withheld.
    2. Whether you are working as a waiter or a camp counselor, you may receive tips as a part of your summer income. All tip income you receive is taxable income and therefore subject to income tax.
    3. Many students do odd jobs over the summer to make extra cash. Earnings you receive from self-employment are subject to income tax. These earnings include income from odd jobs like baby-sitting and lawn mowing.
    4. If you have net earnings of $400 or more from self-employment, you will also have to pay self-employment tax. This tax pays for Social Security benefits. Social Security and Medicare benefits are available to individuals who are self-employed the same as they are to wage earners who have Social Security and Medicare taxes withheld from their wages. The self-employment tax is figured on Form 1040, Schedule SE.
    5. Subsistence allowances paid to ROTC students participating in advanced training are not taxable. However, active duty pay – such as pay received during summer advanced camp – is taxable.
    6. Special rules apply to services you perform as a newspaper carrier or distributor. You are a direct seller and treated as a self-employed for federal tax purposes if you meet the following conditions:
      – You are in the business of delivering newspapers; – All your pay for these services directly relates to sales rather than to the number of hours worked; You perform the delivery services under a written contract which states that you will not be treated as an employee for federal tax purposes.
    7. Generally, newspaper carriers or distributors under age 18 are not subject to self-employment tax.

    Do you have a question for the Taxpert that you’d like to see answered in a future Taxing Times? Or perhaps just an issue you’d like the Taxpert to address? Send the Taxpert a note to Taxing Times, 1050 Hillcrest Rd., Ste A, Mobile, AL 36695 or an email to taxpert@CPAMobileAL.com.

  • Jun 9

    Congress recently enacted significant changes to partnership audit and adjustment rules. The changes are expected to dramatically increase the audit rates for partnerships, and will require partners to carefully review, if not revise, their partnership’s operating agreement.

    The new rules generally apply to partnership returns filed after 2018, but careful planning today will help mitigate any unfavorable consequences.

    Important new provisions that may impact you:

    • The IRS may collect any additional tax, interest, and penalty directly from the partnership rather than from the partners (the tax could be collected at the highest individual tax rate).
    • Current partners could be responsible for tax liabilities of prior partners.
    • New elections and opt-outs will be available and your agreement may need revision to specify who makes these decisions.
    • There are many new tax terms and concepts that will likely require you to adjust your partnership’s operating agreement.

    Particularly, the new term “partnership representative” replaces the prior “tax matters partner.” The partnership representative is critical; they will act as the single point of contact between the IRS and the partnership and will have full authority to bind the partnership and the partners during an audit.

    Potential opportunities and the need for planning today

    Certain partnerships with 100 or fewer partners may elect out of the provisions. To do so, the partnership may make an annual “opt-out” election with their timely filed tax return (Form 1065).

  • May 24

    They played baseball together for ten years, and it happened so often, Franklin P. Adams, a New York Evening Mail columnist, wrote an eight-line poem about it. Originally published under the title “That Double Play Again,” it is better known as “Baseball’s Sad Lexicon,” or simply as “Tinkers to Evers to Chance.”

    These are the saddest of all possible words:
    “Tinkers to Evers to Chance.”
    Trio of bear cubs, and fleeter than birds,
    Tinker and Evers and Chance.
    Ruthlessly picking our gonfalon bubble,
    Making a Giant hit into a double—
    Words that are heavy with nothing but trouble:
    “Tinkers to Evers to Chance.”

    A little background: Back when the Chicago Cubs were a dynasty they won the National League pennants in 1906, ’07, ’08, and ’10 and the World Series in 1907 and ’08. Anchoring their infield were shortstop Joe Tinker, second baseman Johnny Evers, and first baseman Frank Chance -the best
    double play combination of the day.

    Adams considered the poem a throwaway when he wrote it. He simply wanted to get out to the ballpark and watch the game. But those three may still be the best known Cubs of all time.

    But, it didn’t happen by chance. (Did you see what I did there?) It happened by teamwork. It happened because they practiced. It happened because Tinkers and Evers and Chance developed a special relationship with one another unlike most others. The same is true if you’re trying to grow your business by word-of-mouth. You can’t expect people to shout your praises and send you referrals just because you showed up at the ballpark. It takes a relationship to make it work. Referral relationships work just like other relationships work.

    Think about the relationships you have with your neighbors. How willing would they be to help you out if your car broke down? Depending on your relationship, they might each respond differently. One might outright refuse to help. Another might share the name of his favorite mechanic. Another might be willing to take you or pick you up at the garage. Still another might insist on fixing it for you at no cost. Each of your neighbors may display a different willingness to help. And naturally, your willingness to help them would probably differ as well. Even your requests for help would be dependent on your history with each of them.

    Great referrals don’t happen just because you ask. At some level of consciousness, people who are good salespeople know this. Yes, sometimes, just asking for referrals will work, but more often, asking someone with whom you haven’t yet developed a relationship, may sour them forever.

    Like a great double play combination, it may look easy, but it takes a lot of work behind the scenes to make it happen. Getting ideal referrals with strong introductions from influential people involves planning, preparation, and practice. It involves developing that special relationship.

  • May 12

    I’ve written before about what a good tax planning technique hiring your children can be. (See “Hiring Your Children for the Summer: The Job of Last Resort or Just Good Tax Planning,” Taxing Times, June 2015.) It can be an effective way of shifting income from your high rate to as low as zero percent! It can also be good for the kids. However, as a recent tax court decision demonstrates, it’s important to dot your i’s and cross your t’s.

    The case involved Lisa Fisher, a New York attorney, faced with a common dilemma to find summer care for her children, all under the age of nine. So, during the summer, she brought them into her office two or three days a week where they shredded waste, mailed letters, answered phones, greeted clients, and copied documents.

    Fisher took deductions for the $28,770 in wages she paid her kids over a three year period. But, she didn’t keep any payroll files or issue any W-2s. She didn’t keep any records substantiating the work they did or establishing that she paid “reasonable compensation” for the work performed. Nor could she present any documentary evidence, such as cancelled checks or bank statements, to verify that she actually paid them the wages she deducted.

    You know where this is headed. The IRS disallowed the deductions for the children’s wages and imposed an accuracy related penalty. The Tax Court affirmed that decision.

    Bottom line: Hiring your children to work for your business, or rental properties, can be perfectly legal tax planning. But, you have to follow the rules and document everything in order to protect the benefits.

  • Apr 27

    In business, doing what others don’t do can often give you an edge. It can position you head and shoulders above your competition. It helps you stand out in a positive way, and when you do, people are attracted to you and your business, and your success grows stronger, deeper, and more durable.

    Asking for feedback is a simple way to gather information for improving our businesses, but many of us never take the time to ask. We get so wrapped up in the day-to-day running of the business that we fail to pause and ask people, “How are we doing?” Others are simply intimidated by the process – and afraid of what they’ll hear.

    According to the book The 29% Solution by Ivan Misner and Michelle R. Donovan there are five main reasons why we don’t ask for feedback: (1) we’re afraid the response will be negative; (2) we don’t know who to ask; (3) we don’t know when to ask; (4) we don’t know how to ask; (5) we don’t want to take up other people’s time. With all these objections, the thought of asking for feedback can give us heartburn, but it’s worth the pain; the potential for growth can be tremendous.

    Whether positive or negative, feedback should be considered constructive, because it helps our business develop new products, improve existing services, and sometimes adopt a whole new approach.

    Fear of a negative response may be what keeps many of us from asking for feedback. Nobody is eager to be criticized. But, as difficult as it to receive, negative feedback is actually a gift. It’s a reality check; it reminds us that no matter how good we are, we can always improve. It’s also a reminder that we can never make everyone happy. If you’re willing to ask for feedback, you’re going to get some negative feedback along the way. It’s your attitude toward it that will turn that negative feedback into an opportunity. Don’t ask for feedback unless you’re ready to hear it – and respond to it constructively.

    Whom should you ask for feedback? One answer is everybody. Ask your coworkers, supervisors, subordinates, partners, customers.

    When is the best time to ask for feedback? That depends. A professional development trainer might ask for feedback several times. During a session, so it can be tailored, the end of a session, and three or four months afterwards. She’ll ask different questions at different times. Someone selling a product might need to give the customer time to use it, or might not. Someone selling professional services might want to ask shortly after the services have been delivered.

    What if you don’t know how to ask for feedback? The easiest, and most logical, way is make it part of your sales process. Many companies use a questionnaire; some hand it out upon completion of the assignment, some e-mail it afterward, and some mail it as a follow-up in a few weeks. How you choose to do it depends on your customer base.

    The last reservation that a lot of us have is that we are reluctant to take someone else’s time by asking for feedback. What a cop-out. Adults have the option of saying no. It’s our responsibility to ask. Increase the likelihood that you’ll get useful feedback by making the request simple and timely. If it’s too complicated, or if you set a hurry-up deadline, your requests may end up in the circular file. Make the deadline too far off, and people will set it aside and forget it.

    I dare you – do something few others do. Stand out from the crowd. Ask for feedback. And be ready to turn it into opportunities for your business.

  • Apr 14

    When was the last time you reviewed your will? People generally make wills to guarantee the proper disposition of their money and property, which is why it’s a good idea to consult your CPA when it’s time to create or update your will.

    We recommend that you revisit your will every time you experience a major life event, such as marriage, the birth of a child, retirement, or other significant milestones. Even if there is no meaningful change in your life, it’s smart to review the document every couple of years to ensure it still addresses all your estate concerns and reflects your wishes. Changes in the value of your investments – such as stock portfolio or real estate – may also require adjustments in your estate plan.

    Reviewing your will may raise questions about various areas of your financial life, including your retirement or estate planning, college savings, or other financial concerns. Be sure to turn to us for the perspective and advice you need to make the best choices.♦

  • Mar 31

    Just prior to Christmas 2015, Congress passed the PATH Act which permanently extended several tax provisions, which had been on a cycle of being temporarily extended for one or two years at a time. (See “Congress Takes a New Tack on Extenders” in the February 2016 issue of “Taxing Times”.) While there were some very important items that were permanently extended by the PATH Act, not everything was. Some provisions which expired at the end of 2016 and may be important to you include:

    • the exclusion from gross income of the discharge of qualified principal residence indebtedness income,
    • the treatment of mortgage insurance premiums as qualified residence interest, which permits a taxpayer whose income is below certain thresholds to deduct the cost of premiums on mortgage insurance purchased in connection with acquisition indebtedness on the taxpayer’s principal residence,
    • the above-the-line deduction for qualified tuition and related expenses, and
    • the 7.5% adjusted-gross-income floor for deducting medical expenses, applicable to individuals age 65 and older and their spouses, which increases to 10% in 2017.

    It is possible Congress will retroactively extend some, or all, of these provisions, but as it currently stands, these provisions have seen the end of the road.♦

  • Mar 17

    Inevitably, the question I get asked when I work with people dealing with severe IRS problems is “Can you keep me out of jail?” It’s one of the big fears about finally facing up to and doing something about the problem.

    Not filing your tax returns IS considered a crime. You CAN go to jail if you have not filed your tax returns OR if you’ve filed them inaccurately. You can receive one year of prison time for each year of unfiled returns and procrastinating just increases the chances of going to jail.

    The IRS doesn’t take kindly to non-filers they have to chase down. And believe me, they will eventually chase you down. Just because it’s been a few years since you’ve filed and nothing has happened, doesn’t mean you’ve slipped through the cracks. People rarely slip through the cracks. Why go through life looking over your shoulder wondering when the other shoe is going to drop, when the IRS is finally going to catch up with you and demand their money? Life’s too short to live that way.

    Even if it’s been years since you filed returns, you can still avoid prison. The more willing you are to face up to your situation and seek a solution, the more likely the IRS is to work with you. The IRS doesn’t seek to put anyone in jail that voluntarily comes forward and files old returns.

    Owing the IRS money IS NOT considered a crime. The IRS cannot send you to jail for owing money, if you’ve accurately filed your tax returns. But, don’t pop the bubbly just yet. Although jail time is arguably the worst thing that can happen, it’s not the only punishment that the IRS can deliver. By not facing your IRS debt and taking action, you could be staring into the ugly eyes of…

    • wage garnishments;
    • seizure of your car, house, or boat;
    • seizure of your bank account;
    • seizure of other real estate;
    • seizure of your Social Security benefits, 401(k)s, and IRAs;
    • seizure of cash loan value of your life insurance; and
    • seizure of commissions owed to you.

    If you have filed your tax returns accurately but can’t afford to pay the taxes owed, there are ways to pay your debt and avoid those nasty consequences listed above. But, it’s a bad idea to go it alone. Walking into an IRS office and trying to work out a deal is a recipe for disaster. It’s too easy for them to get you to say something you’ll regret later. Seek out a qualified professional you can trust.

  • Mar 3

    Current research suggests that we are bombarded with between 300 and 700 marketing messages per day. Current research also indicates that we take note of less than half of those messages, and far fewer make a strong enough impact to be recalled, make an impression, or make a sale.

    Here’s a tried and true strategy for connecting with your customers and prospects. Legendary copywriter, Robert Collier, pioneered and perfected an effective strategy he called “entering the conversation already occurring in the prospect’s mind.” Instead of going straight into your pitch marketing message and being ignored like everyone else, do something different. After all, if you do what everyone else does, shouldn’t you expect the same mediocre results?

    Instead of hitting your prospects over the head with your message, first capture your prospects attention by using something they are already thinking about as the hook. Then, make a smooth transition into the marketing message. This strategy has been proven to work over and over again. There are several ways to implement this strategy. One is by using holidays.

    Holidays are always on people’s minds. For instance, right now people are thinking about what they are going to do for the upcoming holidays. Where are we going for Christmas or Hanukkah? Where’s the New Year’s Eve party? Am I going to make (and keep) any New Year’s resolutions? Where should I take my sweetheart for Valentine’s Day? Where’s the best place to go for some corned beef and cabbage on St. Patrick’s Day?

    And on and on. Those are just the major holidays in the next four months. There’s a major holiday almost every month. There are also obscure holidays you probably never heard of nearly every day of the year. You did know that December 25th is also National Pumpkin Pie Day, didn’t you? So, why not make a connection with your prospect by “entering the conversation already occurring in the prospect’s mind” by relating your message to the approaching holiday?

    You have to make a reasonable connection between the holiday and your offer. Otherwise, the prospect will feel like you tried to trick them and that’s no way to get them to know, like, and trust you, let alone buy something from you. It’s really not that hard. You can probably come up with several ideas if you just sit down and think about it.

    New Year’s Day is easy. Think about tying your message to something new or to a New Year’s resolution. Health clubs and gyms do it every January. The air waves and ads talk about the most common New Year’s resolution around – losing weight. With the promise that this year — you can do it… you can have that new body, the new you — with our help.

    And, of course, you can have a “sweetheart” deal for Valentine’s Day.

    This is a powerful, tried and true marketing strategy. And the best part is… if it works this year, you can recycle it again next year!

  • Feb 17

    New January 31 Deadline for Employers

    Employers are now required to file their copies of Form W-2, submitted to the Social Security Administration by January 31.

    The new deadline also applies to Forms 1099-MISC reporting non-employee compensation, such as payments to independent contractors.

    In the past, employers typically had until the end of February if filing on paper, or the end of March if filing electronically, to submit copies of these forms.

    The new accelerated deadline will make it easier for the IRS to spot errors and verify the legitimacy of tax returns and properly issue refunds to eligible taxpayers. Penalties for late filing can be exorbitant! For example, if a business fails to file Form 1099-MISC or furnish a copy to the payee on time the penalty can be as high as $520 per occurrence.

    New March 15 Deadline for Partnerships and LLCs

    Partnership tax returns are now due March 15, NOT April 15 as in the past.

    S corporation tax returns due date remains unchanged at March 15.

    New April 15 Deadline for C Corporations

    C corporation tax returns are now due April 15, NOT March 15.