Category Archives: Uncategorized

Upcoming Deadline for Wage Statements and Independent Contractor Forms

01_04_18_810117502_ftnp_560x292_2.jpgBusinesses: Don’t forget the upcoming deadline for wage statements and independent contractor forms. Employers are required to file their copies of Form W-2 and Form W-3 with the Social Security Administration by Jan. 31. This deadline also applies to certain Forms 1099-MISC filed with the IRS to report nonemployee payments to independent contractors. An extension of time to file is no longer automatic, and the IRS will only grant extensions for very specific reasons. “Failure to file these forms correctly and timely may result in penalties,” the IRS stated.

If you have any questions on how to file these forms, contact Langdon & Company today!

How long should you retain payroll records?

Employers must exert a certain amount of time and resources to properly retaining their income tax records. But these aren’t the only documents you need to maintain. Retention of your organization’s payroll records is also important.

Rule of thumb

Most employers must withhold federal income, Social Security and Medicare taxes from their employees’ paychecks. As such, you must keep records relating to these taxes for at least four years after the due date of an employee’s personal income tax return (generally, April 15) for the year in which the payment was made. This is often referred to as the “records-in-general rule.”

These records include your Employer Identification Number, as well as your employees’ names, addresses, occupations and Social Security numbers. You should also keep for four years the total amounts and dates of payments of compensation and amounts withheld for taxes or otherwise ― including reported tips and the fair market value of noncash payments.

It’s also important to track and retain the compensation amounts subject to withholding for federal income, Social Security and Medicare taxes, and the corresponding amounts withheld for each tax (and the date withheld if withholding occurred on a day different from the payment date). Where applicable, note the reason(s) why total compensation and taxable amount for each tax rate are different.

Other data and documents

A variety of other data and documents fall under the records-in-general rule. Examples include:

• The pay period covered by each payment of compensation,
• The employee’s Form W-4, “Employee’s Withholding Allowance Certificate,”
• Each employee’s beginning and ending dates of employment,
• Statements provided by employees reporting tips received,
• Fringe benefits provided to employees and any required substantiation,
• Adjustments or settlements of taxes, and
• Amounts and dates of tax deposits.

Follow the rule, too, for records relating to wage continuation payments made to employees by the employer or third party under an accident or health plan. Such records should include the beginning and ending dates of the period of absence, and the amount and weekly rate of each payment (including payments made by third parties). Also keep copies of each employee’s Form W-4S, “Request for Federal Income Tax Withholding From Sick Pay,” and, where applicable, copies of Form 8922, “Third-Party Sick Pay Recap.”

Simple rule, complex info

As you can see, the records-in-general rule is fairly simple, but the various forms and types of information involved are complex. Please contact our firm for assistance in managing the financial aspects of your role as an employer.

“Innocent Spouse Relief”

01_04_18_462235785_ftnp_560x292_1.jpgAn ex-wife gets no tax relief. In general, married taxpayers who file a joint tax return are “jointly and severally liable” for the tax due on the return. However, spouses may be eligible for “innocent spouse” relief if they can prove they didn’t know about an understatement of tax. In one case, a married couple filed a joint return and later divorced. The U.S. Tax Court ruled the ex-wife wasn’t entitled to innocent spouse relief with respect to two sources of income earned by the ex-husband because she was aware he had received 1099 forms. (TC Summ. Op. 2017-95)

When are education expenses deductible?

Education expenses may be deductible, but not if the education is needed as a minimum requirement of the taxpayer’s current job, or if it qualifies him or her for a new profession. In one case, a taxpayer was hired as a speech pathologist, but she didn’t have the required master’s degree. After obtaining that degree, she deducted the costs on her tax return, but the IRS disallowed the deductions. The U.S. Tax Court agreed, because the degree was needed to meet the minimum requirements of her job and also qualified her for a new profession. (TC Summary Op 2017-93)

Withholding guidance for Employers

Employers: Withholding guidance coming soon. With the new tax law now in place, Form W-4 will need to be substantially revised. On Dec. 26, the IRS announced it is working on withholding guidance and anticipates issuing it this month. Employers and payroll companies will be encouraged to implement the changes in Feb. The IRS stated the information will be designed to work with W-4 forms already filed. Use of the new withholding tables will allow employees to see changes in their paychecks as early as Feb. Until then, employers should continue using 2017 tables.

IRS REVISES FORM 990 EXTENSION PROCEDURES FOR TAX EXEMPT ORGANIZATIONS

by Tony Pandiscia

In guidance released in January, 2017, the Internal Revenue Service [“IRS”] announced a new extension procedure for organizations required to file Form 990, “Return of Organization Exempt from Income Tax”.  Tax Exempt Organizations seeking an extension will now file a “single” Form 8868 to request an automatic 6 month maximum extension of time to file the annual tax return.  Previously Tax Exempt Organizations intending to avail themselves of the full statutory extension period would be required to file 2 consecutive 3 month extensions, provide a valid reason for the extension request and sign the extension “under penalty of perjury”.  The new Form 8868 filing procedure will also apply to filers of other annual returns such as Form 990EZ [“Short Form Return of Organization Exempt from Income Tax”], Form 990PF [“Return of Private Foundation”], and Form 5227 [“Split Interest Trust Information Return” used by Charitable Trusts].  Note that Form 990-T [“Exempt Organization Business Income Tax Return”] that is required for Tax Exempt Organizations who generate Unrelated Business Income Tax [“UBIT”] has always been subject to a 6 month extension and will continue to do so under the new Form 8868 process.

The new extension form will apply commencing with the filing of “2016 tax returns” during calendar year 2017 [i.e. fiscal years with a “beginning date” in 2016] and must be filed prior to the due date for filing of the respective tax return.  As a reminder, a Form 990 is initially due 4 ½ months following the organization’s fiscal year end.  For “control or affiliate groups,” a separate extension form must be filed for each respective organization or affiliate that has an annual filing requirement.  Payments required (i.e. such as for “UBIT”) should accompany the extension form.  The Form 8868 may at the discretion of the filer be submitted via regular mail to the Ogden, UT IRS Service Center or electronically filed using any approved “EFILE” processing system.  Finally, note that this revised extension procedure applies to annual Federal Form 990 (and similar) filings for a Tax Exempt Organization and does not directly affect any State-mandated annual filing requirements.

We will be discussing with our respective clients the new extension procedures during the next few months, however anyone may contact Langdon & Company LLP should you have any questions.

Tony ([email protected]) is the Tax Partner with Langdon & Company LLP.  He is a CPA and also an attorney, advocating for clients on many levels-including with the State and the IRS.

NC Adult Care Cost Report Update

by Rachel Owens

Nursing-home

We have an official update from the NC Office of the Controller!

They have announced that NO Adult Care Cost Report will be due in 2016 after the General Assembly passed House Bill 1030, which changed the General Statute 131D-4.2 stating the ACH Cost Reporting requirements.  These reporting requirements changed to every OTHER year instead.

Therefore, the next cost report required will be for 2017.  The deadline has not been set, nor the year end for that cost report.  We will continue to be in communication with our contacts at the state to get information as it comes in, and pass it along to you.

Click here to see the official announcement.  If you have additional questions about cost reports or other ways Langdon & Company LLP can help your Organization, contact us!

Rachel ([email protected]) is an Senior Accountant who works primarily with healthcare clients, providing all their Medicare and Medicaid reimbursement reporting needs.

It is time for your CFO or Controller to become a Coach?

by Dwayne Murphy

According to the book The Traits of Today’s CFO: A Handbook for excelling in an evolving Role, by Ron Rael, CPA, CGMA, coaching is a mix of technical and people skills combined in a unique fashion that produces great results, which helps the organization achieve its goals.dwaynes pic

Coaches try to foster personal relationships with each employee so that they can tell the truth when things are going well or going poorly. They are not managers or micromanagers because they are using knowledge and insight to help employees come into their own wisdom and trusting their employees and letting them successfully stumble so they quickly learn to succeed.

Coaching is not limited to employees; you can coach a boss or a colleague. The process of coaching is consistent and once it is mastered you will find many ways to use it to help others.  Coaching at the organization level requires the CFO or controller to be the conscience of the organization. You must be seen as the professional leader who does not have any biases or an agenda other than the organization’s success. Here are nine skills of a great organization coach:

  1. Teaching and Training: Leadership positions in finance are now being required to constantly train individuals. That is why a coach should be able to constantly teach others about finance, accounting and business management.
  2. Counseling: Coaches should be able to help guide other leaders and colleagues through difficult situations and tough decisions.
  3. Guiding: Coaches should step in to help shape other leaders’ behaviors and decisions so that they stay focused on solutions and plans that benefit the organization.
  4. Relating: Coaches should use analogies, examples and stories to help get your point across and speak at the same level as the person being coached to help foster trusting relationships.
  5. Learning: Coaches should be open to learning from other leadership team members as this will ensure future success at the organization.
  6. Questioning: Don’t be afraid to ask open-ended and probing questions. These often lead to new possibilities and help the organization reach its goals.
  7. Listening: Often managers will have hidden agendas or often deny anything is wrong, but by listening with your ears, eyes and intuition you will be able to bring forth those hidden things so they can be openly discussed.
  8. Using intuition: Coaches should be aware of what to say and what not to say by using your business intuition.
  9. Creativity: Coaches should be open minded to new tools, methods, or processes that the organization can use to remove obstacles and achieve goals.

Coaching can seem daunting but with the right attitude and plan it can benefit both the coach and the whole organization. The business world is challenging and always changing and coaching can help the organization stay on target and succeed.

Dwayne ([email protected]) is an Audit Senior in our firm.  He works with many non-profit clients as well as those in healthcare.

 

 

New Overtime Rule – What you need to know

by Meagan Bulloch

On May 18, 2016, the US Department of Labor (DOL) published the Final Rule on overtime, which amended the Fair Labor Standards Act (FLSA).  This change is expected to affect approximately 4 million workers across the United States.

Beginning December 1, 2016, the salary threshold for non-exempt workers increases from $455/weekly ($23,660 annually) to $913/weekly ($47,476 annually).  Under this new rule, any worker regardless of their role or title who earns less than that amount will have to track their hours and will be entitled to overtime pay which equates to time and a half for any hours over 40 in a week.

How does this compare to the old rule?  Check out this comparison table.

What are my Options?

  1. Raise salaries for non-exempt “white collar” employees above the $47,476 threshold so that they will be exempt from overtime
  2. Limit the hours worked by these employees to 40 or fewer per week
  3. Hire additional workers to perform the extra hours
  4. Pay non-exempt employees overtime for any hours worked beyond 40 per week

What else should I consider?

  • Determine whether your organization is entitled to minimum wage and overtime pay protections on an enterprise or individual basis.
  • Review personnel records, job descriptions and worker classifications to make sure their actual job duties (not titles) are used to determine exempt or non-exempt status.
  • Review employee workload to evaluate current staff capacity considering weekend or seasonal workload fluctuations.
  • Review terms of any grant agreements or contracts and identify staffing needs. Keeping in mind that the organization may be contractually obligated to maintain services at a predetermined level.
  • Consider “what if” scenarios and estimate budget and cash flow impacts.
  • Revisit organizational policies and procedures including timekeeping, compensation and overtime to make sure they are in line with the new rule requirements.

Is anyone excluded?

The DOL has a non-enforcement policy for providers of Medicaid-funded services for individuals with intellectual or developmental disabilities in residential homes and facilities with 15 or fewer beds.  From December 1, 2016 through March 17, 2019, the DOL will not enforce the updated salary threshold of $913 per week for the subset of employers covered by this non-enforcement policy.

Be sure to give Langdon & Company LLP a call if you have questions on how this affects your organization.

Meagan ([email protected]) is an Audit Partner at Langdon & Company LLP.  She works on various clients from associations to healthcare.

Partner Announcement

meagan partner picLangdon & Company LLP is pleased to announce that Meagan L. Bulloch, CPA has been admitted as partner in our audit practice.  Meagan joined Langdon & Company LLP in 2008 and has over ten years of public accounting experience including work for Ernst and Young LLP in their Raleigh, NC office.  She is a graduate of North Carolina State University with a Bachelor of Science and Masters of Science in Accounting.

Meagan’s focus is to provide audit and attest services to clients primarily in the nonprofit, healthcare and small business industries.  She is also experienced in the preparation of Medicare and Medicaid cost reports.  Meagan was also recently published in the Common Ground newsletter, a publication of the N.C. Center for Nonprofits.  She is an active member of the American Institute of Certified Public Accountants and the North Carolina Association of Certified Public Accountants.

Meagan lives in Angier, North Carolina with her husband and two children.