As everyone knows the entire world is currently facing an unprecedented economic disruption due to the Coronavirus (COVID-19) outbreak. In an attempt to help businesses,The CARES Act was signed into law March 27, 2020 in the US, which provides over $370 billion dollars in funding for American small businesses and employees. Out of this came multiple avenues of funding for businesses through the SBA or Small Business Administration.
EIDL 10k Loan advance
The first relief program is the Economic Injury Disaster Loan Emergency Advance. This advance is for any small business owners in the U.S. currently experiencing a temporary loss of revenue due to the COVID-19 pandemic. The application is on the sba.gov website and if a business applies they will receive the Economic Injury Disaster Loan advance of up to $10,000. The $10,000 is supposed to be available in days time after submitting an application and there is no need to pay it back. The amounts over 10k will be the SBA loan to help a business that has lost income because of the Covid-19 pandemic.
This program is for any small business with less than 500 employees (including sole proprietorships, independent contractors and self-employed persons), private non-profit organization or 501(c)(19) veterans organizations affected by COVID-19.
The Paycheck Protection Program is a loan designed to motivate small businesses to keep their workers on the payroll. Any small business with less than 500 employees this includes sole proprietorships, independent contractors and other self-employed people, private non-profit organizations or 501(c)(19) veterans organizations affected by coronavirus/COVID-19. This program right now is not for independent contractors. That is an ongoing conversation so that will be addressed on its own, since it will be its own program from everything I’m seeing. Businesses in certain industries may have more than 500 employees if they meet the SBA’s size standards for those industries.Small businesses in the hospitality and food industry with more than one location could also be eligible if their individual locations employ less than 500 workers.
SBA will forgive these loans if all employees are kept on the payroll for eight weeks and the money is used for payroll, rent, mortgage interest, or utilities. One important detail is at least 75% of the forgiven amount must have been used for payroll. Which makes sense if you want to get small businesses to keep people employed and on payroll. The loan forgiveness is based on maintaining or quickly rehiring your employees. When rehired you can not reduce their pay or salary you need to maintain the current salary levels. Forgiveness amount will be reduced if the full-time headcount declines, or if salaries and wages decrease. The loan has a maturity time of 2 years and an interest rate of 1% .
There were 10 million people who applied for unemployment insurance so far. This program is to help get those individuals rehired and not have to file unemployment claims. If your business fired employees after February 15th this should be used to get those people rehired quickly. If you are an employee that was laid off be sure to inform your employer about this program as well. You do need to apply at any existing SBA 7(a) lender or through any FDIC insured bank or credit union. Other regulated lenders will be available to make these loans once they are approved and enrolled in the program. Based on the current demand most major banks are having issues keeping up. The applications just opened on April 3rd, and most major banks are still not prepared. First check with the largest bank you currently have your accounts with.
For businesses who are already in an SBA loan the SBA have relief options for them as well. The SBA will automatically pay the principal, interest, and fees of current 7(a), 504, and microloans for a period of six months. The SBA will also automatically pay the principal, interest, and fees of new 7(a), 504, and microloans issued prior to September 27, 2020.
For current SBA Serviced Disaster (Home and Business) Loans: If your disaster loan was in “regular servicing” status on March 1, 2020, the SBA is providing automatic deferments through December 31, 2020. The deferral of the payments does not mean the amounts are forgiven. The Interest will continue to accrue on the loan taken out from the SBA. The deferment will NOT cancel any scheduled or recurring payments on your existing loans. If you are a business that needs to defer payments, you are responsible for canceling those automatic payments. After the automatic deferment period, borrowers will be required to resume making regular principal and interest payments. Plan ahead to reestablish the recurring payments.
SBA Express Bridge Loans
Express Bridge Loan Pilot Program allows small businesses who currently have a business relationship with an SBA Express Lender to access up to $25,000 quickly. These loans can provide vital economic support to small businesses to help overcome the temporary loss of revenue they are experiencing and can be a term loan or used to bridge the gap while applying for a direct SBA Economic Injury Disaster loan. If a small business has an urgent need for cash while waiting for a decision and disbursement on an Economic Injury Disaster Loan, they may qualify for an SBA Express Disaster Bridge Loan. This loan like the Paycheck Protection Program is also taking into account what you receive from the Economic Injury Disaster Loan. The 25k you receive will be repaid in full or in part by proceeds from the EIDL loan.
If you would like International Accounting & Tax Consultants (IATC Inc) help with your accounting and tax issues please reach out to us at (202) 780-4494 or via email email@example.com.
If you live or work outside the United States did you know you can actually exclude almost $100,000 of your income tax free.
The Foreign Earned Income Exclusion is a one of the largest tax benefits available to you as US resident living or working abroad. This is something an expat would love almost as much as traveling abroad.
Expat is a short way of saying expatriate. An expatriate is defined as a person residing in a country other than their native country.
If you take this exclusion your first $97,600 earned overseas is going to be exempt from income tax.
Before you pack up the family and hop on a plane thinking you are about to just live tax free overseas. Not everyone can actually qualify for this exclusion.
In order to qualify for the Foreign Earned Income Exclusion, you must meet one of two test.
1) The Bona Fide Residence Test.
2) The Physical Presence Test.
Bona Fide Residence Test
You meet the bona fide residence test if you are a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year. You can use the bona fide residence test to qualify for the exclusions and the deduction only if you are either:
A U.S. citizen, or
A U.S. resident alien who is a citizen or national of a country with which the United States has an income tax treaty in effect.
You do not automatically acquire bona fide resident status just by living in a foreign country or countries for 1 year. If you go to a foreign country to do work for a particular job for a specified period of time, you will normally not be considered a bona fide resident of that country even though you have worked there for 1 tax year or longer. The length of your stay and the nature of your job are only some of the factors that goes into determining whether you can meet the bona fide residence test.
Bona fide residence. To meet the bona fide residence test, you must have established a bona fide residence in a foreign country.
Your bona fide residence is not necessarily the same as your domicile. Your domicile is your permanent home, the place to which you always return or you intend to return.
You could have your domicile in Nashville, Tennessee and a bona fide residence in Sydney, Australia. Nashville will be a bona fide residence, if you intend to return eventually to Tennessee.
The fact that you visit Australia does not automatically make Australia your bona fide residence. If you go there as a tourist, or on a short business trip, and return to the United States, you have not established a bona fide residence in Australia. If you go to Australia to work for an indefinite or extended period and you set up permanent quarters there for yourself and your family, there is a good chance you can claim you have established a bona fide residence in a foreign country, even if you intend to return to the United States someday in the future.
Now in real life it can be more difficult to decide whether you have actually established a bona fide residence. If you have any doubt or concerns feel free to reach out to IATC Inc for help.
Your bona fide residence will be determined according to each individual case, taking into account three main factors such as your
Why you are visiting and
The nature and length of your stay abroad.
A treaty that prevents you from becoming a bona fide resident of a foreign country is determined based on each individual treaty. All provisions of a treaty you could be subject including specific provisions relating to residence or privileges and immunities should be reviewed as well.
To meet the bona fide residence test, you must reside in a foreign country or countries uninterrupted for an entire tax year. An entire tax year is from January 1 through December 31 for taxpayers on a calendar year basis.
An entire year without seeing family or friends might be too difficult a task for some. You are allowed to leave the country for a brief or temporary trip back to the United States or somewhere else for vacation or business. And still be a bona fide residence in a foreign country, To keep your status as a bona fide resident of a foreign country, you must have a clear intention of returning from the trips, without unreasonable delay, to your foreign residence or to a new bona fide residence in another foreign country.
Once you have established bona fide residency in a foreign country for an uninterrupted period that includes an entire tax year, you are a bona fide resident of that country for the period starting with the date you actually began the residence and ending with the date you abandon the foreign residence. Your period of bona fide residence can include an entire tax year plus parts of 2 other tax years.
If you are assigned from one foreign location to another, you may or may not have a break in foreign residence between your assignments, depending on the circumstances.
The second physical presence test can be more confusing when applying to a person tax return. To be qualified for the exclusion based on your physical presence means you can leave the United States for business and can not return for more than 35 days throughout the past twelve months. This test is also not based on a calendar year. You can qualify by using any twelve month period of time.
One thing to keep in mind is with the 35 day limit. The days do not have to run straight in a row. You can become ineligible to take the exclusion if you have taken multiple trips back to the US that exceeds 35 days in the US during a 12 month period.
If a person meets the foreign income exclusion they are allowed to deduct up to $97,600 of their foreign earned income from their US taxes. If you are married filing jointly, you would be able to deduct up to double that from your US taxes. This amount is also indexed for inflation and increases each year.
The Foreign Earned Income Exclusion relies solely on foreign income for calculation purposes and the income must be earned. Foreign income from passive sources such as dividends, interest, retirement income, and rental income are not included since those income sources are not considered “earned” income.
There are some additional complexities to the Foreign Earned Income Exclusion, so it is almost always advisable to consult with a tax expert about your specific situation at www.iatcpro.com
Self employed individuals having to still pay their Self-Employment tax to the US. After paying your self employment taxes you can exclude your earnings.
Not all US expats are able to take advantage of the foreign earned income exclusion. If you are a US Government Employee and are paid by the US government then you will not be able to use the Foreign Earned Income Exclusion to minimize your US expat taxes. This includes individuals in the Armed Forces Exchange, Commissioned and non-commissioned Officers’ messes, Armed Forces motion pictures services and employees of kindergartens on Armed Forces installations.
if you claim either of the foreign income exclusion, You can’t take the additional child tax credit or earned income credit.
Additional Income: If you decided to rent your property while you were living abroad. Your rental income is still going to be reported, along with your usual expenses.
Need to File State Returns: Living or working abroad does not eliminate your need to file a state tax return with some states. Certain taxpayers must maintain a state of domicile in the United States, and there will be tax obligations to that state.
Retirement: If you are still making contributions to your retirement accounts, even if it’s your SEP, IRA or ROTH IRA they are all subject to certain limits based on your gross income. If you plan to claim your IRA deduction, special rules apply.
Foreign Housing Exclusion or Deduction: In addition to the foreign earned income exclusion, you can also claim an exclusion or a deduction from gross income for your housing amount if your tax home is in a foreign country, you have self employment income, and you qualify under either the bona fide residence test or the physical presence test.
Even though you are ineligible your spouse can claim this exclusion be if they are not government and work overseas. If you are having a hard time determining your eligibility for the foreign earned income exclusion schedule an appointment at www.iatcpro.com.
Every year after the extension due date new clients contact me ready to file their tax return. This is the time we find out extensions were not actually file, and now they have multiple penalties and interest to pay. I get them updated and write a letter to abate penalties.
The IRS isn’t in the business of letting people keep money. Penalty abatement is kind of easy the first time around for most clients. Some people don’t even feel it worth asking for penalty abatement/relief because everything involving the IRS is too complicated and time consuming. This is the part where I push up my glasses and tighten the tie getting ready to handle the hard part on their behalf.
I think taxpayers need to understand why the IRS actually uses penalties. Penalties are supposed to be a deterrent for people who fail to follow the rules and are out of compliance with the US tax code. They are a great way to bring in revenue for a under funded government branch so expect to see them applied whenever possible. The IRS apply millions of penalties to tax payers every year bringing in billions of easy money. Life happens and there are additional options to get penalties removed, or abated, for individuals ans businesses that qualify.
The most common used IRS penalties is the failure to file and failure to pay.
The IRS has over 130 different penalties the can assess. in the Internal Revenue Code, but two penalties make up 75% of all penalties assessed by the Internal Revenue Service.
Failure to pay penalty equals 60% of all penalties.
Failure to file penalty equals approximately 15% of all penalties.
The tax penalties can be disputed by providing an exception when filing your tax return.
Penalties will be removed by the Internal Revenue Service for a few reasons. We normally end up requesting penalty abatement for a statutory exception or reasonable cause.
Statutory exception- Are specific authoritative exclusions to the penalties. Statutory exceptions are rare, but rather easy to make a case for. A statutory exception would be a presidential declared disaster relief.
IRS Fault: If you can prove an error was the result of reliance on IRS advice. We always caution against following an agents advice. We default to the US Tax code and use that. To use the IRS error for a penalty relief is difficult and rarely successful. You need to have documented erroneous advice from the IRS that you reasonably relied on. The IRS doesn’t put tax advice in writing in majority of cases. You can also file penalty abatement based on erroneous verbal advice. Being able to successfully use either argument is not common.
Reasonable cause: providing a valid reason that you couldn’t comply based on your facts and circumstances. This argument normally includes chronic health problems and reliance on a bad tax professional or tax software. Those types of problems can be used under reasonable cause.
To successfully apply for an abatement using a reasonable cause argument for late filing and payment has its own requirements. You must demonstrate that you genuinely tried to comply. Your actions should demonstrate a sense of care. You need to show that your noncompliance was not due to your willful neglect.
IRS agents are also citizens and taxpayers just like you. To successfully prove a reasonable cause, you’ll need to make sure that the IRS knows all of the facts around the circumstances. It can seem unnecessary, but not all situations are the same. Leaving out facts that can clarify your position could result in you receiving a denial letter. If the denial letter fails to address facts crucial to your argument presented earlier. The option to request an appeal of the determination should be explored.
The IRS can provide administrative relief from a penalty under certain conditions. The most widely used relief is the first-time penalty abatement (FTA). FTA can be used to abate your failure to file, failure to pay, and other penalties for a single tax period. You do need to have a good history of filing your returns. You can use first time penalty abatement for your business tax penalties as well. FTA is the easiest of all penalty relief options to get approved. You just have to ask for it. If you need help with the IRS you should contact iIATC Inc for tax resolution services.
It wasn’t but a few years back when crypto currency started making mainstream news. IRS had not provided guidance on how to tax the currency. Crypto users were positive they wouldn’t have to pay taxes, because the government wouldn’t have the information needed to track them. Fast forward to 2019 and now the IRS is sending over 10,000 letters to crypto currency holders informing them of their tax duties. The IRS obtained the names of the taxpayers through summons given to the crypto exchanges.
The IRS Large Business and International division (LB&I) had previously announced the approval of five additional compliance campaigns. LB&I’s goal is to improve return selection, identify issues representing a risk of non-compliance, and make the greatest use of limited resources. In plain english their job is to find tax returns with a high chance of errors and collect money and interest from that taxpayer. As a U.S. person you are subject to tax on worldwide income from whatever source derived, including transactions involving virtual currency.
The IRS has a focus on this area with real intentions on curbing noncompliance by taxpayers. The IRS letters are also conveying different messages to taxpayers. The letters were aiming to educate some taxpayers, while others are receiving letters about audits or criminal investigations being pursued. Professionals at IATC Inc always advocate staying in compliance with the tax code to avoid penalties and fines. Crypto traders should contact us for help with any letters they receive.