Is the next recession looming?
Monday, December 5th, 2011 | consulting | 1 Comment
Is another recession looming around the corner? Richard Yamarone studies economic indicators, and he thinks so. The Bloomberg economist spoke to Chamber of Commerce members in Knoxville recently to make his case for what he termed “the dark side”: that the economic recovery is stalling and another recession will begin next year.
Mr. Yamarone, who appears regularly on Bloomberg TV and recently revised his book The Trader’s Guide to Key Economic Indicators, studies many different charts to discern trends and create forecasts for companies, industries, and the economy as a whole. He told us that during the last few months, the uptrend in many key indicators has flattened or even turned negative, leading him to forecast a coming recession. He is quick to say that this is one expert’s opinion, and there are other experts who disagree. But as he laid out his case, many in the audience saw the logic behind his projection.
Here are some of his thoughts, based on macro- and micro-economic indicators:
- The economy is not advancing fast enough to engender job creation at a meaningful level.
- While the economy is growing at its historic pace, it is operating well below its potential, and it is not making up for the substantial loss incurred since 2008.
- The lag between the ends of recessions and recovery of lost jobs doubled the historic average in the previous recession (2001). With job loss dwarfing all but the Great Depression, the time it will take for jobs to recover from the most recent downturn is unknown, but it could be several years.
- When industrial production has revived following recent recessions, manufacturing jobs have not returned to pre-recession levels.
- If gross domestic product (GDP) growth drops below 2% on a year-to-year basis, recession follows; GDP growth has been hovering at that level since mid-2011.
- The government has been propping up the economy, but even as jobs begin to recover in the private sector, governments at all levels are reducing staff and services.
How do these predictions affect your business? Should you adjust your forecast and budget for next year?
Next time, we’ll look at some of Richard Yamarone’s favorite industry indicators that he uses to predict turning points in the overall economy. His insights come from some surprising sources.
Worker classification crackdown coming
Wednesday, October 26th, 2011 | consulting, litigation, tax | 2 Comments
The IRS recently announced a voluntary worker classification program that provides amnesty from back payroll taxes and penalties for companies who reclassify their independent contractors into employees. While there may be advantages on the federal tax side of this issue, you must consider other factors before deciding on a course of action. Worker classification has been a tricky, murky issue for many years. We will explore several aspects of this issue in future posts, including:
- Deciding whether your workers truly are independent contractors or employees;
- Protection from reclassification under Internal Revenue Code Section 530 or other precedents;
- Consequences at the state level of voluntary disclosure to the IRS;
- Related legal issues such as worker response to reclassification (e.g., retroactive reclassification to apply labor laws and collect overtime pay);
- Potential consequences from other government agencies such as the Department of Labor.
As we have seen before, a voluntary disclosure program is a harbinger of increased enforcement action in this long-contested area of business law. This makes it more important than ever for you to seek consultation from a knowledgeable professional. It is not an overstatement to say that this issue could bring your company to its knees. Unfortunately, we have seen it happen to smart, well-meaning business owners. Contact us today for a detailed analysis of your company’s exposure to the coming worker classification crackdown.
Preserve estate tax portability
Monday, October 24th, 2011 | tax | No Comments
To preserve estate tax portability, executors must file Form 706 Estate Tax Return for decedents dying in 2011 and later. The nine month filing deadline may be extended an additional six months. This election is not available for decedents dying before 2011.
In the law reinstating the estate tax in 2010, Congress established an exclusion amount of $5 million per person in 2011 (adjusted for inflation in future years). An estate with a taxable value below this amount is not subject to federal tax (the limit remains at $1 million in Tennessee). The law also provided for any unused exclusion amount to be passed on to the surviving spouse. The election to do so is made, and the amount is established, by timely filing an estate tax return for the decedent. The return must be filed even though it may not be otherwise required under the estate tax rules.
In a common scenario, the estate assets of the first spouse to die are transferred to the surviving spouse, either through joint ownership with right of survivorship or by will. This may result in accumulation of assets in the surviving spouse’s estate that would exceed the $5 million exclusion, resulting in estate tax liability. The portability election allows the unused exclusion amount of the first spouse to die to be added to that of the second to die, sheltering additional assets from estate tax.
This election is a new estate planning tool that can help a family preserve its assets. Good estate planning may reduce or eliminate the need to take advantage of the portability election. If your family has substantial assets such as a family business or investments, you may benefit from a discussion with an accountant and an attorney who are both familiar with estate planning and tax reduction techniques, as we are. If a loved one passed away in 2011, timing is critical to preserving the estate tax portability election.
Tort reform in effect in TN
Wednesday, October 5th, 2011 | consulting, litigation | No Comments
Tennessee’s tort reform law went into effect on October 1, 2011. It places caps on non-economic damages and punitive damages except in certain egregious cases.
Governor Haslam and legislative sponsors tout the increased predictability that the new law will bring to businesses aiming to quantify risk. They say it brings Tennessee on par with other Southeastern states, which will enhance recruitment of businesses to the state.
We anticipate that it will help existing businesses too, as insurers adjust their risk analysis for the new environment. That may bring liability insurance rates down, which would be a welcome relief to small business owners. Consult your insurer and let him or her know you are watching how their company responds to the reforms now in place.
This law follows the 2008 medical tort reform law that sponsors say has reduced non-meritorious claims by 50%.
Insurance is a useful tool to help you protect your business and personal assets from catastrophe. Our firm chooses not to sell insurance, investments, or other financial products. This frees us to give you unbiased insight into the use of insurance and other financial tools for the betterment of your company and family.
Estate tax filing relief
Thursday, September 15th, 2011 | tax | No Comments
The IRS has provided some estate tax filing relief for executors of the estates of those who died in 2010. Notice 2011-76 provides an automatic extension of time to file and pay the estate tax due. The rules generally apply to estates exceeding $5 million.
The estate tax was repealed for 2010 and was replaced with a complicated carryover basis calculation to determine the value of inherited assets. Congress reinstated the estate tax retroactively and let executors choose whether to be governed by the estate tax rules or opt out and use the carryover basis rules, adding another layer of complexity. As a result of the new law, guidance and forms were delayed. Updated instructions for Form 706 were posted only recently, and Form 8939 to make the election is still in draft form.
The IRS has changed the due date of Form 8939 to January 17, 2012. This is not an extension, so an additional form is not required.
For executors who timely filed an extension to file the estate tax return on Form 4768, the extended deadline is now March 19, 2012 for most decedents. For dates of death between December 16, 2010 and January 1, 2011, the extended deadline is 15 months after the date of death.
The notice also provides late-filing and late-payment penalty relief, although interest will still be charged for tax not paid by the original due date of the return.
Another government email scam!
Thursday, September 1st, 2011 | consulting | No Comments
Our firm’s junk email filter caught another government email scam. This one appears to come from the FDIC, the federal bank watchdog, with the subject “FDIC: about your business accounts”. It hints that your bank (which it does not name) is being taken over, and provides a link for more info on how your accounts will be affected. I did not click the link (and you shouldn’t either). I suspect that the linked site asks for your banking information.
You can be sure that the FDIC (or any other government agency) will not ask in an email for your personal information. We cannot think of any circumstance under which the government would initiate electronic communication with you without your prior permission.
Always be alert to possible scams from the government or any other unexpected source. If you’re not sure about the verity of an email, you are welcome to call us and ask about it. If you are not sure about the identity of the sender, do not click a link in an email.
Protecting your business from such dangers is just one of the many ways we help you keep your company on track to greater success.
Bathroom as home office?
Thursday, August 18th, 2011 | consulting, tax | No Comments
The Tax Court ruled that a taxpayer cannot claim his bathroom as a home office in Bulas v. Commissioner, T.C. Memo. 2011-201 (Aug. 17, 2011). (Insert your own joke or mental image here….)
The taxpayer had a home-based business, a tax practice for which he used one bedroom of his home as an office. He built a bathroom adjacent to the office for his clients to use. He argued that the bathroom and the hallway between the rooms should also be considered part of the home office, which would increase the deductible percentage of his home-related expenses.
According to the IRS, in order for a home office to be claimed on your tax return, it must be exclusively used on a regular basis
- (A) as the principal place of business for any trade or business of the taxpayer,
- (B) as a place of business which is used by patients, clients, or customers in meeting or dealing with the taxpayer in the normal course of his trade or business.
In this specific case, the taxpayer admitted to the court that his daughters and house guests sometimes used the bathroom. This occasional use by the family caused the bathroom to fail the “regular and exclusive use” test. The taxpayer might have successfully included the bathroom and hallway as part of the office if access by non-clients was limited, perhaps by a lockable door that separated the office “suite” from the rest of the house.
We can help you with creative and legitimate strategies for using your home office to save taxes. This deduction is subject to greater scrutiny from the IRS, so we can also help you maintain proof that your home office meets the requirements. With proper setup and records, the home office deduction can make a difference in your tax bill.
If you operate a company out of your home that is set up as an S-corporation, ask us about a plan that can secure the benefits of the home office deduction for your business.
Plan now to save taxes
Tuesday, August 9th, 2011 | consulting, tax | No Comments
Summer is a good time to talk with us about planning to save taxes next year. We have more time to help you take stock of the first half of the year and explore options before it’s too late in the year for them to make a difference.
Among those options:
- Consider equipment purchases, to take advantage of tax incentives that may expire soon.
- Improve facilities and depreciate them under accelerated schedules set to expire at the end of 2011.
- Take advantage of hiring incentives if you need extra help.
- Consider hiring your children and pay less employment taxes.
- Set up and contribute to a retirement plan, or consider whether your present plan is the optimum choice, to defer paying tax on income.
- Make sure your records support deductions for vehicle use, travel and entertainment.
- Look into net operating loss carrybacks to recover taxes paid in prior years.
- Adjust your estimated tax payments for the second half of the year.
Consult with us to gauge the tax impact of various options you are considering. And remember, don’t let the tail wag the dog. No one wants to pay more taxes than necessary, but first consider the questions, “Is this the best decision for my business? Will this help my company achieve its goals?”
Offshore voluntary disclosure deadline
Tuesday, August 9th, 2011 | consulting, tax | No Comments
The deadline in the IRS Offshore Voluntary Disclosure Initiative is August 31. For several years, the IRS has required taxpayers to disclose their accounts and income from foreign countries. The 2011 program offers taxpayers penalty reductions if they voluntarily disclose their offshore holdings and income rather than waiting for the IRS to find them.
The foreign financial account disclosure regulations carry onerous civil and criminal penalties for hiding offshore accounts and income. If you are concerned about your exposure to the IRS foreign financial account disclosure requirements, please contact us right away to discuss your options.
Sharing company financials with employees
Tuesday, August 2nd, 2011 | consulting | No Comments
You can increase your employees’ engagement with company financial goals by sharing some information about the company’s finances with them. This article from Inc. magazine shared by our LinkedIn friend Jonathan Patrick describes how this can work. Learn what to share and what not to share to increase buy-in. A company whose employees understand their roles in achieving the company’s goals can exponentially increase its potential for success.