Regardless of how life changes, one of the biggest
hurdles you?ll face in running your own business is to stay on top of
your numerous obligations to federal, state, and local tax agencies. A
tax headache is only one mistake away, be it a missed payment or filing
deadline, an improperly claimed deduction, or incomplete records.
You
can safely assume that a tax auditor presenting an assessment of
additional taxes, penalties, and interest will not look kindly on an ?I
didn?t know I was required to do that? claim. The old legal saying that
?ignorance of the law is no excuse? is perhaps most often applied in tax
settings. On the other hand, it is surprising how many small businesses
actually overpay their taxes. They often neglect to take
deductions they?re legally entitled to, or just don?t know about certain
breaks that can help them lower their tax bill.
Adding
to the mayhem, we have tax codes that seem to be in a constant state of
flux. Creating exceptions for special groups has resulted in a steady
stream of new and revised tax laws, which have lengthened the Internal Revenue Code
to over 4,500 pages and rendered it barely understandable to even the
most experienced tax professionals. Often one section can run up to
several hundred pages. A special tax service used by tax professionals
explains the meaning and application of each part of the code. It is
contained in another 12 volumes! The harder Congress tries to simplify
the code, the more complex it becomes.
Preparing
your taxes and strategizing how to keep more of your hard-earned
dollars in your pocket becomes increasingly difficult with each passing
year. Your best course of action to save time, frustration, MONEY, and
(God forbid) an auditor knocking on your door, is to have a professional
accountant handle your taxes. Tax professionals have years of
experience with tax preparation, religiously attend tax seminars, read
scores of journals, magazines, and monthly tax tips, among other things,
to correctly interpret the changing tax code and gain the advantage
over the IRS.
Nevertheless, many
accountants don?t understand the mammoth tax code and end up being too
conservative with your tax deductions. The more conservative they are,
the more taxes you end up paying.
Unfortunately,
the cryptic and mystifying nature of the tax code generates a lot of
folklore and misinformation that also leads to costly mistakes. Here is a
list of some common small business tax misperceptions:
1. All Start-Up Costs Are Immediately Deductible
The
American Jobs Creation Act of 2004 allows new small business owners to
immediately deduct up to $5,000 of their start-up costs as long as they
don?t exceed $50,000. The only catch is that in order to take advantage
of the immediate deduction you must spread out the remainder of your
start-up costs over 15 years (180 months).
So
the immediate deduction is a good option for businesses with less than
$14,000 of start-up expenses. If you?re startup expenses are greater
than $14,000, then you?ll do better by not taking an immediate deduction
but spreading your start-up costs over 5 years (60 months).
2. Overpaying The IRS Makes You ?Audit Proof?
The IRS doesn?t care if you pay the right amount of taxes or overpay your taxes. They do
care if you pay less than you owe and you can?t substantiate your
deductions. Even if you overpay in one area, the IRS will still hit you
with interest and penalties if you underpay in another. It is never a
good idea to knowingly or unknowingly overpay the IRS. The best way to
?Audit Proof? yourself is to properly document your expenses and make
sure you are getting good advice from your tax accountant.
3. Being incorporated enables you to take more deductions.
Aside
from health insurance, deductions for the self-employed
(sole-proprietors and S Corps) are pretty much equivalent to corporate
deductions. For many small businesses, being incorporated is an
unnecessary expense and burden. Start-ups can spend $1,000 in legal and
accounting fees to set up a corporation, only to determine shortly after
that they want to change their name or company direction. Plenty of
small business owners who incorporate don?t make money for the first few
years and find themselves saddled with minimum corporate tax payments
and no income.
4. The home office deduction is a red flag for an audit.
This
is no longer as true as it once was. Because of the proliferation of
home offices, tax officials cannot possibly audit all tax returns
containing the home office deduction. A high deduction-to-income ratio
tends to lead to an audit.
5. If you don?t take the home office deduction, business expenses are not deductible.
You
are still eligible to take deductions for business supplies,
business-related phone bills, travel expenses, printing, wages paid to
employees or contract workers, depreciation of equipment used for your
business, and other expenses related to running a home-based business,
whether or not you take the home office deduction.
6. Taking an extension on your taxes is an extension to pay taxes.
Extensions
enable you to extend your filing date only. If you do not pay taxes on
time, penalties and interest begin accruing from the due date.
7. Part-time business owners cannot set up self-employed pensions.
If
you start up a company while you have a salaried position complete with
a 401K plan, you can still set up a SEP-IRA for your business and take
the deduction.
Besides
avoiding these pitfalls, possessing basic knowledge of how the tax
system works is also beneficial. After all, even if you delegate the tax
preparation to someone else, you are still liable for the accuracy of
your tax returns. If your accountant messes up, you pay the penalty, not
him.