TaxConnections Blogger Harold Goedde posts about the affordable care act

This article will discuss the tax provisions enacted as part of the Act and its implications and hardships that will be created for businesses and individuals.

Tax Planning Considerations to Mitigate the NII

[Blake E. Christian, “Planning for the Medicare Tax on NII”, The Tax Adviser, on line, December 13, 2012]

(1) any interest income from shareholder loans (imputed or otherwise) will be subject to the new surtax. This is the case whether or not the taxpayer’s underlying trade or business is passive or non passive. In the current low-interest-rate environment, taxpayers may be in a position to reduce the interest rate on their related-party loans, potentially reducing the tax liability resulting from the surtax. Another strategy to avoid future interest income is to convert the loan to a contribution to capital.

(2) paying dividends from closely-held corporations. To the extent shareholders and respective businesses have the means to pay a dividend, it may make sense to accelerate payments into 2013. This is especially true if the company feels it has retained cash that the IRS may view as being subject to the accumulated earnings tax under Sec. 531.

(3) S corporations may have accumulated earnings and profits (E&P) from a prior C corporation tax year, which may be distributed before amounts from the accumulated adjustments account (AAA), provided certain elections are made. Additionally, tax-deferred income of domestic international sales corporation (IC-DISC) may be available for Read More

TaxConnections Blogger Harold Goedde posts about the affordable care actThe 2012 “American Health Care Act – the Affordable Health Care Act” (Obama Care) [The Act] contains many provisions that affect both large and small businesses. The Act will have many ramifications, particularly for small businesses in determining if they are required to cover employees with health insurance and penalties for failure to do so. Even businesses that provide insurance today may get caught up under the mandate because they must offer coverage that meets the minimum requirements {Michael D. Tanner, “No [Obama Care]: It will Make It Harder For Small Firms to Grow”, The Wall Street Journal, August 19, 2013}. The Act affects individuals starting in 2014 and businesses starting in 2015, but there are still uncertainties regarding implementation of the Act because the IRS has not released final regulations.

This article will discuss the tax provisions enacted as part of the Act and its implications and hardships that will be created for businesses and individuals.

Tax Information Required to be Disclosed

The IRS regulations list information that may be disclosed to the U.S. Department of Health and Human Resources (HHS) to determine if a taxpayer is eligible to enroll in an exchange and is eligible for government assistance to pay for health care. The IRS can provide HHS with the following taxpayer information: Read More

TaxConnections Picture - CaduceusMany have asked about the ObamaCare Minimum Health Care Insurance Coverage Fine/Penalty/Tax that will be required for Individuals that live OUTSIDE the United States and are covered by foreign insurance. Below is our research and response:

According to U.S.C. Title 26 – INTERNAL REVENUE CODE cropped below:

CHAPTER 48—MAINTENANCE OF MINIMUM ESSENTIAL COVERAGE

(a) Requirement to maintain minimum essential coverage

An applicable individual shall for each month beginning after 2013 ensure that the individual, and any dependent of the individual who is an applicable individual, is covered under minimum essential coverage for such month.

—————————————————————————————————————————————————————————–

We have found the following site – Questions and Answers on the Individual Shared Responsibility Provision

—————————————————————————————————————————————————————————–

According to the site above –

12. Are US citizens living abroad subject to the individual shared responsibility provision? Read More

iStock_usa umbrellaXSmallThe requirement that businesses provide their workers with health insurance or face fines – a key provision contained in President Barack Obama’s sweeping health care law – will be delayed by one year the Treasury Department said Tuesday.

The postponement came after business owners expressed concerns about the complexity of the law’s reporting requirements the agency said in its announcement. Under the Affordable Care Act, businesses employing fifty or more full-time workers that don’t provide them health insurance will be penalized.

We recognize that the vast majority of businesses that will need to do this reporting already provide health insurance to their workers, and we want to make sure it is easy for others to do so. We have listened to your feedback. And we are taking action,”

Mark J. Mazur, assistant secretary for tax policy wrote in a post on the website of the Treasury Department, which is tasked with implementing the employer mandate. Mazur said the extra year before the requirement goes into effect will allow the government time to assess ways to simplify the reporting process for businesses. Penalties for firms not providing health coverage to employees will now begin in 2015 – after next year’s congressional elections. Read More

The Affordable Care Act or ObamaCare was passed almost three years ago with the goal of extending quality health insurance coverage to more Americans and it becomes fully effective January 1st 2014. To encourage compliance, the Act for all intents and purposes takes a carrot-and-stick approach as credits are offered for those who need financial help with buying insurance, and penalties are defined for those who do not get insurance. The Act’s core requirements are most Americans must have health insurance and that all but small employers must offer insurance to full-time employees.

In other words if you are a United States citizen or legal resident you must have “minimum essential” health insurance coverage and your dependents must also be covered or risk being essentially penalized. Exemptions will be allowed for: Read More

By Andrew Johnson

Gun shops have reported that sales of guns are skyrocketing. They call President Obama the greatest gun salesman who ever lived. To people who fashion themselves “defenders” of the Second Amendment, President Obama’s calls for a “thoughtful” discussion on a reduction in “gun violence,” is really the sounding of an alarm. (Full disclosure: friends have labeled me “Second Amendment Man” — maybe a not-so-subtle hint that it’s ok if I talk about something else once in a while?). But anyway, for those people, the (knee-jerk?) response has been to head to the gun shop and get more guns before it’s illegal. In fact, for good or bad, depending on your point of view, the President has made a huge difference (if not a reduction) in the supply of guns. At least in the short term, business has been great for gun shops. They can thank President Obama for the boost.

Ask Not What You Can Do For ObamaCare, Ask …

For purposes of this article, let’s not get bogged down in a debate over whether the Patient Protection and Affordable Care Act is good or bad policy. Full disclosure: I don’t believe ObamaCare is good for our country or for businesses that create jobs that allow folks to provide for themselves and their families. But for now, it is the law in our great nation and we have to deal with it ourselves and help our clients deal with it too. Well, here’s one way we can help our clients.

The Wall Street Journal had a fascinating opinion piece about “Going Protean” recently. Paul Christiansen writes: “How big can a company get with just 50 employees? We’re about to find out. Thousands of small businesses across the U.S. are desperately looking for a way to escape their own fiscal cliff. That’s because ObamaCare is forcing them to cover their employees’ health care or pay a fine—either of which will cut into profits and stymie future investment and growth.”

The 50-employee limit before the federal health care law kicks in is bound to have an effect on how companies structure themselves. It will likely force companies near that threshold to examine exactly what is their core competency and then to outsource all other functions. I think of it like a roster for a football team. If you are limited to 50 by league rules, then you have to decide how many running backs you can keep, how many kickers, who can contribute on special teams and play other positions, who you want to keep because they are developing stars, etc. You really have to be strategic.

Paul continues: “‘Going protean’ offers a better strategy for many businesses. Owners of protean companies create a core of strategic employees who manage the big-picture elements of the enterprise—the culture, business model, product mix, vision, strategy, etc. This core then outsources the business tasks to other corporations.

“Non-core tasks could include things like accounting, marketing, product development, manufacturing, IT, PR, legal, finance, etc.”

So there you have it. We, as CPAs, can help companies survive and thrive, even in this environment as businesses face potentially devastating, government-imposed costs. We can help them stay focused on strategy, vision, product mix, and profits by outsourcing their non-core functions.

As companies look to work with the rules they’ve been given, “going protean” may be the only solution they have. CPAs are in a perfect position to help here. Most CPA firms can handle any of the accounting functions for their clients. Most CPA firms can handle all of their client’s federal or state income tax compliance. As ObamaCare is fully phased-in, the 50-man roster will become a huge issue. Each of the 50 slots at a company will be extremely valuable. CPA’s can help clients free up one or more of those valuable 50 slots.

Gun shops can thank the President for the temporary shot in the arm boosting their business. Perhaps, before all is said and done, CPAs will look back on ObamaCare as the “CPA Full Employment Act.”

Most CPA firms do not perform sales tax compliance. This is where we shine. This is how we mesh so well with other CPA firms. PJCo is a registered CPA firm but we do not perform any of the traditional CPA firm functions. We limit our practice to state and local tax consulting and sales tax compliance. We can work with CPAs and help their clients outsource the sales tax compliance function. Working together we can help our client free up one or more of those valuable 50 slots.