taxes

From the July 15, 2011 IRS Newswire – IRS Gives Truckers Three-Month Extension; Highway Use Tax Return Due Nov. 30, 2011

WASHINGTON — The Internal Revenue Service today advised truckers and other owners of heavy highway vehicles that their next federal highway use tax return, usually due Aug. 31, will instead be due on Nov. 30, 2011.

heavy equipmentBecause the highway use tax is currently scheduled to expire on Sept. 30, 2011, this extension is designed to alleviate any confusion and possible multiple filings that could result if Congress reinstates or modifies the tax after that date. Under  temporary and proposed regulations filed today in the Federal Register, the Nov. 30  filing deadline for Form 2290, Heavy Highway Vehicle Use Tax Return, for the tax period that begins on July 1, 2011, applies to vehicles used during July, as well as those first used during August or September. Returns should not be filed and payments should not be made prior to Nov. 1.

To aid truckers applying for state vehicle registration on or before Nov. 30, the new regulations require states to accept as proof of payment the stamped Schedule 1 of the Form 2290 issued by the IRS for the prior tax year, ending on June 30, 2011.  Under federal law, state governments are required to receive proof of payment of the federal highway use tax as a condition of vehicle registration. Normally, after a taxpayer files the return and pays the tax, the Schedule 1 is stamped by the IRS and returned to filers for this purpose.  A state normally may accept a prior year’s stamped Schedule 1 as a substitute proof of payment only through Sept. 30.

For those acquiring and registering a new or used vehicle during the July-to-November period, the new regulations require a state to register the vehicle, without proof that the highway use tax was paid, if the person registering the vehicle presents a copy of the bill of sale or similar document showing that the owner purchased the vehicle within the previous 150 days.

In general, the highway use tax applies to trucks, truck tractors and buses with a gross taxable weight of 55,000 pounds or more. Ordinarily, vans, pick-ups and panel trucks are not taxable because they fall below the 55,000-pound threshold.

For trucks and other taxable vehicles in use during July, the Form 2290 and payment are, under normal circumstances, due on Aug. 31. The tax of up to $550 per vehicle is based on weight, and a variety of special rules apply to vehicles with minimal road use, logging or agricultural vehicles, vehicles transferred during the year and those first used on the road after July.

Last year, the IRS received about 650,000 Forms 2290 and highway use tax payments totaling $886 million.

Top 10 Tuesday includes our favorite tips and news stories from around the web.  This week there are some important articles for you to read and information to be aware of.

Top 10 TuesdayTax News:

 

QuickBooks News & Tips:

 

Business, Customers & Networking:

 

That wraps up this weeks top 10 Tuesday’s favorite tips and news from around the web.  Check back next Tuesday so see what we’ve found.

From the June 22, 2011 Issue of the Federal, State & Local Governments Newsletter published by the IRS.

The office of Federal, State and Local Governments will hold a free, one-hour webinar on July 14, 2011, to discuss the required 3 percent income tax withholding on certain payments made by government entities, to take effect in 2013.  The webinar is recommended for any Federal, state or local government entities as well as tax professionals.

Participants can get answers to these questions:

    What is Section 3402(t) ?
    The Legislative history on Section 3402(t)
    Who must perform Section 3402(t) withholding?
    What payments are subject to Section 3402(t) withholding?
    Exceptions to Section 3402(t) withholding?
    Section 3402(t) deposit and reporting mechanics?

You can register for the webinar by clicking here.

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Additional information from the IRS Website, current as of 6/6/2011; be sure to check this page for updates.

On May 6, 2011, the Internal Revenue Service released final regulations on section 3402(t) of the Internal Revenue Code (IRC). This provision provides that, for payments after Dec. 31, 2012, federal, state, and other units of government with annual payments for goods and services of $100 million or more must withhold income tax of 3% of the total payment for goods and services.

IRC 3402(t) was created by the Tax Increase Prevention and Reconciliation Act of 2005, and originally required withholding for covered payments after Dec. 31, 2010. The implementation was delayed one year by a later statute. The final regulations delay it one additional year, to payments made after Dec. 31, 2012.

Government Entities Required To Withhold Under IRC 3402(t)

The following are subject to the new requirement:

  1. The entire U.S. government, including all federal agencies, the executive branch, the legislative branch and the judicial branch.
  2. All states including the District of Columbia (but not including Indian tribal governments).
  3. All political subdivisions of a state government or every instrumentality of such subdivisions unless the instrumentality makes annual payments for property or services of less than $100 million.

Exception for Small Entities

Subdivisions of a state, or instrumentalities of a subdivision of a state, are exempt from the withholding requirement if its total annual payments for property and services (not including wages) are less than $100 million. The proposed regulations provide a simple rule for determining whether an entity makes annual payments less than $100 million. In general the entity looks to its accounting year ending with or within the second preceding calendar year For example, if total payments for the entity’s 2011 accounting year exceed $100 million, the withholding requirement will apply in 2013.

Under an optional rule, an entity may average payments made during any four of the previous five accounting years ending with the accounting year ending with or within the second preceding calendar year.

Payments Subject to Section 3402(t) Withholding

Generally, withholding is required on all payments to all persons providing property or services to the government, including individuals, trusts, estates, partnerships, associations, and corporations. Withholding is required at the time of payment. If the government entity fails to withhold the tax required under section 3402(t), it becomes liable for the payment of the tax.

Payment Threshold

The proposed regulations create a payment threshold of $10,000 and provide that payments below the threshold are not subject to withholding. The regulations also include an anti-abuse rule that payments of $10,000 or more may not be divided into payments of less than $10,000 solely for the purpose of avoiding the withholding requirements.

Exceptions

The regulations provide the following exceptions from the withholding requirements:

  1. Payments otherwise subject to withholding, such as wages.
    Payments for retirement benefits, unemployment compensation, or social security.
  2. Payments subject to backup withholding, if the required backup withholding is actually performed.
  3. Payments for real property, including land or completed buildings.
  4. Payment of interest.
  5. Payments to other government entities, foreign governments, tax exempt organizations, or Indian tribes.
  6. Payments made under confidential or classified contracts, as described in IRC 6050M(e)(3).
  7. Payments made by a political subdivision of a state, or instrumentalities of a political subdivision of a state that make annual payments for property of services of less than $100 million.
  8. Public assistance payments made on the basis of need or income. However, assistance programs based solely on age, such as Medicare, are subject to the requirements.
  9. Payments made under a government grant principally for a public purpose.
  10. Payments to employees in connection with service, such as retirement plan contributions, fringe benefits, and expense reimbursements under an accountable plan.
  11. Payments received by certain nonresident aliens and foreign corporations.
  12. Payments in emergency or disaster situations.
  13. Certain payment card transactions reportable under section 6050W.

Update – New Law Repeals 3% Contractor Withholding:

On Nov. 21, 2011, the 3% Withholding Repeal and Job Creation Act of 2011 was signed into law, repealing section 3402(t) of the Internal Revenue Code (IRC). This legislation eliminates the withholding and reporting requirements established under IRC section 3402(t) and the accompanying regulations.

IRC section 3402(t) would have required all Federal and state government entities, and some local government entities, to withhold 3% on certain payments to contractors, beginning on Jan. 1, 2013.  The regulations under section 3402(t) also required the government entity to report the amount of the payment and the amount withheld on Form 1099-MISC.

Top 10 Tuesday includes our favorite QuickBooks and business productivity tips for around the web.  We hope you’ll find these articles as interesting as we did.

  1. Top 10 TuesdayThe Real World:  Tax Tips for Summer Workers
  2. Davis-Bacon Rates Set Well Above Market Pay
  3. Government Inefficiency Part Zillion:  Tax Dollars Given to Contractors Who Are Delinquent in Taxes
  4. The Biggest Time Saving Tip of All
  5. How to Close an Open Sales Order in QuickBooks
  6. 4  Tips for Improving Your Home Office Environment
  7. Giving Credit Where Credit is Due
  8. Why is QuickBooks 2008 Not Working Right Anymore?
  9. How to Avoid Conflicting Copies in Drop Box
  10. Office of Federal Contract Compliance Program Newly Proposed Scheduling Letter

That’s it for this week, be sure to check back next week to see what other helpful articles we’ve found :-)

buried in yearend paperworkThe end of the year always adds even more tasks to your already busy schedule, and sometimes it is simply overwhelming and I’ve often been asked – “What do I need to do?”

Intuit has built a very good “QuickBooks Year-End Guide/Checklist” and it’s included right in your QuickBooks program by going to the Help Menu and choosing Year-End Guide.  Over the next few days, we’ll cover each topic listed in the Year-End Guide, and offer some additional tips on each of the three sections: Tasks to prepare for filing taxes, Tasks to do if you use subcontractors, Tasks to do if you have employees and some Tips for the upcoming year.

Tasks to prepare for filing taxes:

Reconcile all bank and credit card accounts – now really you should have been doing this every month…but if for some reason it’s been several months since these accounts were reconciled here’s a quick way to reconcile multiple months all at once – accurately.

  1. Determine which month was the last month that was reconciled.
  2. Gather all of your bank or credit card statements and put them in order; oldest on top and most recent on the bottom.  If you don’t have all the statements, please don’t be tempted to just “skip” that month, contact the bank and ask for a copy, or if you have on-line banking capabilities get a copy off the internet.
  3. In QuickBooks go to the Banking Menu and choose Reconcile.
  4. In the Begin Reconciliation window
    • Choose the Account you wish to reconcile (you can choose either your bank account or your credit card account) from the drop down Account List.
    • The Statement Date should be the ending date of your most recent statement.
    • The Beginning Balance should be the same as the Beginning Balance of your oldest statement.  If for some reason the amounts are not the same, click the link that says “What if my beginning balance doesn’t match my statement?” and follow the instructions in the QuickBooks Help file to determine what is wrong and how to correct the problem.
    • The Ending Balance should be the amount shown as the ending balance on your most recent bank statement.
    • Enter any Service Charge for the most current statement only – (we’ll put the rest in manually), please don’t be tempted to “add them all up” and put that amount here.
    • Enter any Interest Earned for the most current statement only – (we’ll put the rest in manually), please don’t be tempted to “add them all up” and put that amount here.
    • Click the Continue button which will bring you to the Reconciliation window.
    • To enter Service Charges and/or Interest Earned for additional months, leaving the reconciliation window open, from the Banking Menu – choose Use Register and enter the transactions individually using the closing date of the statement as the date of the entry.  Additionally you might want to create “Other Names” called Bank Service Charge and Interest to use in the Payee Field when recording these transactions, just to make reconciling easier.
  5. Working from the statements, oldest one first, just go through and check off each deposit and check until you are finished.
  6. If you find checks or deposits on the statements that are not in your QuickBooks file, go to the Banking Menu and choose Use Register, record the transaction with its original date, assigning the amount to either Ucategorized Income or Uncategorized Expenses – so that later you can run a Year to Date Profit and Loss Report, zoom in on those accounts and find the hard copy of the original transaction and correct the entry or entries.

Verify petty cash entries for the tax year – again, this is something that you should be doing every month, but if you have several months that you need to reconcile, it can be accomplished following the instructions above.

Make year-end accrual adjustments and corrections – I usually suggest that you work with your accountant on these matters.

Close your books – I usually suggest that you close your books for the fiscal year with a password – only the QuickBooks Administrator can do this, but it does prevent accidental changes to already reconciled transactions by others.  Of course, the QuickBooks Administrator can make changes to transactions as required and a closing date exception report can be generated by going to the Reports Menu, choosing Accountant & Taxes, and then selecting the Closing Date Exception Report.  With QuickBooks 2011 you don’t need to worry about this effecting Non-Posting transactions such as Estimates & Purchase Orders.

Adjust Retained Earning – QuickBooks does this automatically, so there should be no need for you to have to do this manually.

Review details of all new equipment purchased during the year – if you are using QuickBooks Premier (including Premier Contractor, Manufacturing, etc.) you should and can enter details about your fixed asset purchases by going to the Lists Menu and choosing Fixed Asset Item List – otherwise you will have to track these items on an Excel Worksheet, a Word Document, or in QuickBooks itself by adding Sub-Accounts to your main Fixed Asset account for each piece of Equipment that was purchased and adding as much detail as possible in the Name, Description, and Notes boxes.

Make all asset depreciation entries and adjustments – I usually suggest that you work with your accountant on these matters.

Review fringe benefits that need to be reported on Form W-2 – Fringe benefits can include Health and Life insurance, public transportation subsidies, moving expense reimbursements, employer provided vehicles, educational reimbursements plans, group-term life insurance, employee loans that are forgiven, and Union Fringe Benefits.  If you aren’t sure if any of the benefits that you offer your employees should be included on their W-2’s consult your accountant.

Take a physical inventory and reconcile with book inventory – it is important that you take a year end physical inventory; I usually suggest that you include a copy of that physical inventory sheet for your accountant and let them give you the appropriate adjusting entries to record in QuickBooks.

Print financial reports – from the QuickBooks Year-End Guide/Checklist click on this topic for reports to print.  Keep in mind that these reports will not have adjusting entries from your accountant and that amounts will change.  I would recommend that when you create the suggested reports that you modify them and add a report subtitle called “Prior to Adjusting Entries”.  After you have entered the adjusting entries from your accountant, rerun these same reports adding a new subtitle called “After Adjusting Entries”.

Print income tax reports to verify tax tracking – from the QuickBooks Year-End Guide/Checklist click on this topic for an explanation of what is involved for this action item.  You should ask your accountant for help in setting up the correct tax tracking for each item on your Chart of Accounts.

Import your tax-related data to Turbo Tax or ProSeries – from the QuickBooks Year-End Guide/Checklist click on this topic for an explanation.  If you do not prepare your own tax returns you can definitely skip this section.

Print and mail forms W-2, W-3, 1099, 940, 941, and 1096 – remember you no longer need to buy pre-printed W-2 and W-3 forms as QuickBooks will print these forms on plain paper; you will still need to purchase preprinted 1099 and 1096 forms.

Archive and back up your data – backing up your data is something that you should be doing on a very regular basis as part of a disaster recovery plan in the event of computer virus, computer failure, etc.

Archiving your data is something that you should do if your file is large – contains more than 3 years of data – although some businesses will have extremely large files after only 2 years.  Creating a new company file each year is not necessary and not recommended for contractors; you probably have jobs that span over the course of 2 calendar years or more and you will want access to complete details relating to those jobs for job costing reports.  There are, however, times when creating a new file is appropriate, such as you have several years of data with early years containing lots of data entry errors, or your data file has become damaged and cannot be repaired.

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