Tax Relief Opportunities That Could Enhance Your Operations

Although companies that have managed to survive up to this point will have overcome immediate safety and cashflow problems, they still face an uncertain future. No one can predict how long the downturn will last, whether the world will revert into crisis mode or whether the path towards long-term recovery has begun. 

Despite the persistent uncertainty, savvy companies can position themselves to outperform their competitors by capitalizing on market shifts and strengthening their core business models. To do so, liquidity will continue to be at a premium, but many companies at this stage should be able to spend a bit in order to reap considerable returns. The tax function is poised to help them do just that.

After conquering tax solutions that are within reach, it’s time to consider low-risk strategies that will plant the seed for future growth.

Consider which tax strategies can help you find a competitive edge, including: 

  • Uncovering missed opportunities for savings: Look for potential projects that, though they may require an upfront investment of time and capital, have the potential to uncover significant savings opportunities.
    • R&D tax credit studies: The money companies spend on technology and innovation can offset payroll and income taxes via R&D tax credits. The credits benefit a broad range of companies across industries, yet many businesses are leaving money on the table.
    • Property tax assessments appeals: In the wake of the COVID-19 pandemic, some jurisdictions are reevaluating their property tax processes via disaster relief and conducting assessments at an earlier date. Property tax appeals can generate cash savings by challenging assessed values and reducing property tax liabilities.
    • Cost segregation studies: Cost segregation studies can help owners of commercial or residential buildings increase cash flow by accelerating federal tax depreciation of construction-related assets. Depending on the type of building and cost, the increased cash-flow and time-value benefits are often significant.
  • Advising on business decisions: In this phase, it’s likely that your C-suite is beginning to think about what’s next. Tax professionals should aim to provide strategic insights into the tax implications of these critical business decisions, including supply chain shifts, transactions, restructuring and more.
  • Maintaining compliance: If your business secured any federal funding in the early stages of the pandemic, those funds likely came with certain tax and financial reporting compliance measures attached. Work with the finance and accounting department to ensure that these benefits don’t result in unexpected penalties and costs. You should also aim to secure forgiveness for any forgivable loans. 
  • Continue to grow liquidity: Cash is still key to navigating an uncertain road ahead. Continue to leverage liquidity-generating tactics, such as:
    • Evaluating accounting methods and making changes, if necessary, to defer income tax and increase cash flow.
    • Reviewing transfer pricing strategies to identify opportunities to optimize cash flow.
    • Pursuing a tax deduction through charitable donations.
    • Maximizing state NOLs through elections, structural changes, intercompany transactions and triggering unrealized gains.

Businesses that effectively use tax strategies to focus on seizing the strategic opportunities they do have will be able to make the most of tough conditions and emerge as market leaders. 

Get To Know Potential Tax Policies For 2020 Election

The U.S. presidential election is just over a month away, yet neither candidate has released a formal, detailed plan addressing his vision for the tax code. We can, however, gain a sense of how their approaches differ through casual mentions of some aspects of tax policy on the campaign trail.

Tax policy underpins business decisions and consumer behavior, so an understanding of the candidates’ more detailed vision for tax policy will be intrinsic to successfully navigating the economic downturn triggered by the pandemic. Savvy businesses and individuals should pay close attention to how any proposed policy may ultimately alter their total tax liability.

It’s also important to keep in mind the fundamental role of Congress in passing tax legislation.  Depending on the makeup of the White House, Senate, and House of Representatives, passing tax legislation may be challenging.  For example, if both the Senate and House are of the same party as the successful presidential candidate, any changes in tax law may still have to be passed through the budget reconciliation process, because 60 votes in the Senate generally would be needed to avoid using the reconciliation process (and it is very doubtful that there would be 60 members of the Senate of the same party). Both in 2017 and 2001, passing tax legislation through reconciliation meant that most of the changes were not permanent; that is, they expired within the 10-year budget window. If any of the White House, Senate, or House are of a majority party different than the others, the chances of passing and enacting any agreed-to tax legislation becomes more doubtful.

The following table contains side-by-side snapshots of current and potential future tax policies of the presidential candidates as of September 22, 2020, from what has been mentioned informally on the campaign trail.
  

 Current Tax Law
(TCJA–present)
Biden’s stated goalsTrump’s stated goals
Corporate tax rates and AMTCorporations have a flat 21% tax rate and no corporate alternative minimum tax (AMT), which were both changed by the TCJA.
These do not expire.
Biden would raise the flat rate to the pre-TCJA level of 28% and reinstate the corporate AMT on profits of $100 million or more.
 
Trump has not announced changes and has no plans to reinstate a corporate AMT.
Capital gains and dividendsThe top tax rate is 20% for income over $441,450 for individuals and $496,600 for married filing jointly. There is an additional 3.8% net investment income tax.Biden would eliminate breaks for capital gains and dividends for income above $1 million. Instead, these would be taxed at ordinary rates.Trump would reduce the capital gains tax rates, index capital gains for inflation and create a capital gains tax holiday that would eliminate capital gains taxes for a period of time TBD.
Payroll taxesThe 12.4% payroll tax is divided evenly between employers and employees and applies to the first $137,700 of an individual’s income.Biden would maintain the 12.4% tax split between employers and employees and keep the $137,700 cap but would institute the tax on earned income above $400,000. The gap between the two wage levels would gradually close with annual inflationary increases.Trump issued an executive order to temporarily postpone social security tax for employees from Sept. 1 through Dec. 31,2020.
He has indicated he would make this temporary reprieve permanent.
Estate taxesThe estate tax exemption for 2020is $11,580,000.  Transfers of appreciated property at death get a step-up in basis.
The exemption is scheduled to revert to pre-TCJA levels, or $5,800,000, in 2025.
Biden would maintain the 2025 reversion and eliminate the current step-up in basis on inherited assets.Trump would push to extend the exemption and would not change the transfer of appreciated property step-up in basis.
Individual tax ratesThe top marginal rate is 37% for income over $518,400 for individuals and $622,050 for married filing jointly. This was lowered from 39.6% pre-TCJA.Biden would restore the 39.6% rate for taxable income above $400,000. This represents only the top rate.Trump would keep the current status quo of 37%. In addition, he would enact a 10% rate cut for middle-class taxpayers, which would lower the 22% rate to 15%.
For 2020, the 22% rate applies to income over $40,125 for individuals and $80,250 for married filing jointly.
Individual tax creditsCurrently, individuals can claim a maximum of $2,000 Child Tax Credit (CTC)plus a $500 dependent credit.
Individuals may claim a maximum dependent care credit of $600 ($1,200 for two or more children).
The CTC is scheduled to revert to pre-TCJA levels ($1,000) after 2025.
Biden would increase the CTC to $8,000 ($16,000 for two or more children).Trump would extend the $2,000 CTC past 2025, however, he would also require social security numbers to be eligible to take any of these credits.
EducationForgiven student loan debt is included in taxable income.
There is no tax credit for contributions to state-authorized organizations that sponsor scholarships.
Biden would exclude forgiven student loan debt from taxable income.
 
Trump would provide a tax credit for individual and corporate donations to state-authorized organizations that sponsor scholarships.
 
Itemized deductionsFor 2020, the standard deduction is $12,400 for single/married filing separately and $24,800 for married filing jointly.
After 2025, the standard deduction is scheduled to revert to pre-TCJA amounts, or $6,350 for single /married filing separately and $12,700 for married filing jointly.
 
The TCJA suspended the personal exemption and most individual deductions through 2025.
It also capped the SALT deduction at $10,000, which will remain in place until 2025, unless repealed.
Biden would enact a provision that would cap the tax benefit of itemized deductions at 28%.
SALT cap: Senate minority leader Charles Schumer has pledged to repeal the cap should Biden win in November (the House of Representatives has already passed legislation to repeal to the SALT cap).
Trump would extend beyond 2025 and make permanent the deductions established by the TCJA.
 
 

While the candidates’ tax policy plans are not yet publicly formalized, more details may be released as we approach election day. We will be updating election tax policy content as it becomes available.

Prepare To Issue New IRS Form 1099-NEC For January Deadline

Businesses that would typically provide a Form 1099-MISC to independent contractors (and certain others) and the IRS need to be aware of new IRS Form 1099-NEC. For non-employee compensation paid during 2020, payers must provide Form 1099-NEC (instead of Form 1099-MISC) to the recipients and to the IRS no later than January 31, 2021. In addition, the IRS has redesigned Form 1099-MISC, so businesses should expect that reporting may be somewhat different from past years.
 

Which payments are reported on Form 1099-NEC?

Businesses must provide a Form 1099-NEC if all of the following apply to payments made in 2020:

  • The payment is made to someone performing services as a non-employee
  • The payment is for services performed in the course of the entities’ trade or business
  • The payment is for $600 or more for the year

Some examples of common payments that must be reported on Form 1099-NEC include:

  • Fees paid to members of the business’s board of directors who are not employees
  • Fees paid to independent contractors
  • Commissions paid to nonemployee salespeople that were not repaid during the year
  • Professional service fees paid to attorneys (including payments made to corporations)
  • Fees paid by one professional to another (such as “fee-splitting” arrangements)
  • Payments for services, including payments for parts or materials used to perform the services, if they were incidental to the service

Businesses must also file Form 1099-NEC for anyone from whom they withheld federal income tax under back up withholding rules, for any amount (even if under $600).

UPCO Insights:

Use Form 1099-NEC only when payments are made in the course of a trade or business. Personal payments (like paying a household employee) are not reportable on Form 1099-NEC.

Generally, a trade or business is operated for gain or profit. Nonprofit organizations are considered to be engaged in a trade or business and should use Form 1099-NEC. Federal, state, or local government agencies should also use Form 1099-NEC.

Form 1099-NEC is not actually “new,” since the IRS used it until 1982. The IRS revived it starting in 2020 to keep better track of non-employee compensation. This change was driven by the gig economy and employers’ increased use of independent contractors. From 1982 to 2019, non-employee compensation was included in Form 1099-MISC.

Redesigned 2020 Form 1099-MISC

Businesses should also be aware that the IRS redesigned the 2020 Form 1099-MISC due to the creation of Form 1099-NEC. Specifically, the IRS rearranged several box numbers on the 2020 Form 1099-MISC, so payers should use:

  • Box 7 (check box) for payer made direct sales of $5,000 or more
  • Box 9 for crop insurance proceeds
  • Box 10 for certain payments to an attorney (that are not reported on Form 1099-NEC)
  • Box 12 for IRC Section 409A deferrals (this would only apply in rare situations that are not reportable on Form 1099-NEC)
  • Box 14 for nonqualified deferred compensation income (this is optional and would only apply in rare situations that are not reportable on Form 1099-NEC)
  • Boxes 15, 16 and 17 for state taxes withheld, state identification number and amount of income earned in the state, respectively

Next steps

Businesses may need some time to update their payroll processing or reporting systems to generate new IRS Form 1099-NEC and to accommodate the changes to the 2020 Form 1099-MISC. They should expect that 2020 reporting will not be simply the same as last year.

Businesses cannot download usable copies of Form 1099-NEC from the IRS website, so they may need some time to obtain copies of the new forms. Businesses can order paper copies of Form 1099-NEC from the IRS.

UPCO Insight:

Due to COVID-19 delays, it is unclear how long it would take the IRS to mail paper copies of the forms, so ordering early would be a good idea.