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Certified Public Accountants and Advisors

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New final rule on overtime eligibility: What employers need to know

Under the Fair Labor Standards Act (FLSA), many salaried employees are exempt from overtime pay. But not all of them. To qualify as exempt, an employee must primarily perform certain executive, administrative or professional duties and be paid an annual salary that’s above a federally mandated threshold amount.

On April 23, the U.S. Department of Labor (DOL) announced a new final rule on the FLSA minimum annual salary threshold that some observers are calling unprecedented. Because the first of two major changes under the new rule is expected to hit in July, employers should prepare now for its impact.

Two stages of change

A major feature of the Biden administration’s final rule is that it raises the FLSA minimum annual salary threshold in two stages:

  1. On July 1, 2024, the threshold will increase from the current $35,568 annual salary amount to $43,888, and
  2. On January 1, 2025, the threshold will increase from $43,888 to $58,656.

Note: A separate overtime exemption applies to some highly compensated employees. The threshold for these employees will increase to $132,964 on July 1, 2024, and to $151,164 on January 1, 2025.

According to the DOL, the first of the two updates is calculated under a methodology set forth in 2019 under the Trump administration. The second update is calculated under a new methodology that will be used going forward.

In addition — and critical for employers to note — the FLSA minimum annual salary threshold will be updated every three years beginning on July 1, 2027, by applying updated wage data to the new methodology.

Options to ponder 

If your organization has employees earning salaries below the impending thresholds, you’ll need to consider two basic options:

  • Leaving things as is and converting the employees to nonexempt status, which means you’d have to pay overtime of at least 1.5 times their regular rates of pay after 40 hours of work in a seven-day workweek, or
  • Raising their salaries to put their annual compensation over the threshold.

But therein lies a problem: Do you ponder these choices in light of the July 1 threshold change, only to reevaluate the matter before the second threshold change — and perhaps adjust salaries even further? Or do you set your sights purely on the January 1, 2025, threshold adjustment and plan your strategy based on that?

Bear in mind, you may have to consider related tasks such as calculating overtime pay and training supervisors to handle revised timekeeping policies. And whichever route you take, you’ll need to clearly communicate the changes to employees and, ideally, explain your rationale for making them.

A good first step

As is often the case with the rollout of DOL final rules, legal challenges are expected. But, at least as of this writing, it appears unlikely that the final rule will be struck down quickly, if at all.

For employers, a good first step is determining which of your employees would be affected by the changes. From there, you can estimate the financial impact of additional overtime pay vs. higher salaries based on the distinctive attributes of your organization’s operations. Contact us for help with these calculations.

© 2024
TopLine Content Marketing Team

Pay attention to the tax rules if you turn a hobby into a business

Many people dream of turning a hobby into a regular business. Perhaps you enjoy boating and would like to open a charter fishing business. Or maybe you’d like to turn your sewing or photography skills into an income-producing business.

You probably won’t have any tax headaches if your new business is profitable over a certain period of time. But what if the new enterprise consistently generates losses (your deductions exceed income) and you claim them on your tax return? You can generally deduct losses for expenses incurred in a bona fide business. However, the IRS may step in and say the venture is a hobby — an activity not engaged in for profit — rather than a business. Then you’ll be unable to deduct losses.

By contrast, if the new enterprise isn’t affected by the hobby loss rules, all otherwise allowable expenses are deductible, generally on Schedule C, even if they exceed income from the enterprise.

Important: Before 2018, deductible hobby expenses could be claimed as miscellaneous itemized deductions subject to a 2%-of-AGI “floor.” However, because miscellaneous deductions aren’t allowed from 2018 through 2025, deductible hobby expenses are effectively wiped out from 2018 through 2025.

How to NOT be deemed a hobby 

There are two ways to avoid the hobby loss rules:

  1. Show a profit in at least three out of five consecutive years (two out of seven years for breeding, training, showing or racing horses).
  2. Run the venture in such a way as to show that you intend to turn it into a profit maker rather than a mere hobby. The IRS regs themselves say that the hobby loss rules won’t apply if the facts and circumstances show that you have a profit-making objective.

How can you prove you have a profit-making objective? You should operate the venture in a businesslike manner. The IRS and the courts will look at the following factors:

  • How you run the activity,
  • Your expertise in the area (and your advisors’ expertise),
  • The time and effort you expend in the enterprise,
  • Whether there’s an expectation that the assets used in the activity will rise in value,
  • Your success in carrying on other activities,
  • Your history of income or loss in the activity,
  • The amount of any occasional profits earned,
  • Your financial status, and
  • Whether the activity involves elements of personal pleasure or recreation.

Case illustrates the issues

In one court case, partners operated a farm that bought, sold, bred and raced Standardbred horses. It didn’t qualify as an activity engaged in for profit, according to a U.S. Appeals Court. The court noted that the partnership had a substantial loss history and paid for personal expenses. Also, the taxpayers kept inaccurate records, had no business plan, earned significant income from other sources and derived personal pleasure from the activity. (Skolnick, CA 3, 3/8/23)

Contact us for more details on whether a venture of yours may be affected by the hobby loss rules, and what you should do to avoid tax problems.

© 2024
TopLine Content Marketing Team

4 cost-cutting areas to help your business boost profits

Many businesses focus on selling more products and services to boost profitability. But sales volume alone doesn’t necessarily raise profits. In fact, pushing more sales through a bloated expense structure can result in lower net profits.

That’s why it’s important to look at the other side of the ledger — expenses — as you aim to increase profits. A thoughtful way to cut expenses is to conduct a formal expense review. Here are four areas to focus your cost-cutting efforts on:

1. Labor costs. Evaluate your total employment costs. These include not only salaries and wages, but also employee benefits, such as health insurance and retirement plan contributions. Benefits account for more than one-third of total employee compensation, according to the U.S. Bureau of Labor Statistics.

In today’s tight job market, you want to offer competitive pay and benefits. So, it’s important to compare the total compensation paid for each position to what others in your industry are paying workers in similar roles. If your compensation is significantly higher or lower than these benchmarks, adjust accordingly. If you decide to reduce salaries or forgo raises this year, consider adding cost-effective benefits and perks that your workers might value — such as flexible work hours or employer-provided lunches — to help maintain morale and minimize turnover.

2. Vendor relationships. Gather all your vendor contracts so your management team can review them together. These may include contracts with suppliers, insurers, professional service providers, cleaners, landscaping companies and technology firms. Determine if you’re paying for overlapping services from multiple vendors. If so, eliminate unnecessary vendors or services. Next, evaluate the services you’re purchasing from each vendor and how necessary they are. For instance, you might be paying a vendor to perform a service that your staff could do.

Finally, designate a preferred provider in each expense category and negotiate the best price with this vendor. Require employees to use preferred vendors unless there are extenuating circumstances that are approved by a manager. Also consider leases for equipment and property that could be renegotiated at more favorable terms.

3. Advertising. Work closely with your advertising agency to measure the effectiveness of your current campaigns. Some businesses waste thousands of dollars a month on ads that deliver little, if any, results. Your agency should be able to give you a good idea of the return on investment (ROI) of all your programs. Based on this analysis, reduce or eliminate spending on ineffective campaigns and consider diverting these funds to campaigns with stronger ROIs.

Also think about putting your advertising account out for bid if you haven’t done so in the past year or two. Many agencies automatically increase their rates annually, which can raise costs drastically after a few years. Tell your current agency that you’re shopping around and ask them to give you their best price. If you decide to switch to a new agency, you might benefit from fresh ideas and new perspectives on how to increase sales.

4. Interest. If your business borrows money for equipment, real property or working capital needs, interest expense is probably a significant item on your income statement. Thanks to rising commercial interest rates, this expense has likely increased in recent years if you have variable-rate loans.

Your business operations should generate a higher return than the cost of your debt. If not, high interest costs could lead to financial distress. To avoid this pitfall, brainstorm ways to lower borrowing costs.

For instance, you might be able to lower your interest rate by shopping around for loans with shorter terms or fixed rates (to hedge against further rate increases). Alternatively, you may need to draw less from your line of credit if you manage inventory and receivables more efficiently. Also consider setting aside some operating cash to pay down your outstanding loans, rather than taking dividends or paying bonuses.

Continuous improvement process

It pays to be cost conscious. When reviewing the expense side of your operations, look at each expense line on your income statement to assess whether it’s reasonable. Every dollar of excess expense you slash should, in theory, drop straight to your bottom line. But haphazard cuts could impair future sales or productivity. So cost cutting requires a delicate balance. Contact us for help performing a formal expense review to identify cuts that make sense for your business over the long run.

© 2024
TopLine Content Marketing Team

Growing your business with a new partner: Here are some tax considerations

There are several financial and legal implications when adding a new partner to a partnership. Here’s an example to illustrate: You and your partners are planning to admit a new partner. The new partner will acquire a one-third interest in the partnership by making a cash contribution to the business. Assume that your basis in your partnership interests is sufficient so that the decrease in your portions of the partnership’s liabilities because of the new partner’s entry won’t reduce your basis to zero.

More complex than it seems

Although adding a new partner may appear to be simple, it’s important to plan the new person’s entry properly to avoid various tax problems. Here are two issues to consider:

1. If there’s a change in the partners’ interests in unrealized receivables and substantially appreciated inventory items, the change will be treated as a sale of those items, with the result that the current partners will recognize gain. For this purpose, unrealized receivables include not only accounts receivable, but also depreciation recapture and certain other ordinary income items. To avoid gain recognition on those items, it’s necessary that they be allocated to the current partners even after the entry of the new partner.

2. The tax code requires that the “built-in gain or loss” on assets that were held by the partnership before the new partner was admitted be allocated to the current partners and not to the entering partner. In general, “built-in gain or loss” is the difference between the fair market value and basis of the partnership property at the time the new partner is admitted.

The upshot of these rules is that the new partner must be allocated a portion of the depreciation equal to his or her share of the depreciable property, based on current fair market value. This will reduce the amount of depreciation that can be taken by the current partners. The other outcome is that the built-in gain or loss on the partnership assets must be allocated to the current partners when the partnership assets are sold. The rules that apply in this area are complex, and the partnership may have to adopt special accounting procedures to cope with the relevant requirements.

Follow your basis

When adding a partner or making other changes, a partner’s basis in his or her interest can undergo frequent adjustment. It’s important to keep proper track of your basis because it can have an impact on these areas:

  • Gain or loss on the sale of your interest,
  • How partnership distributions to you are taxed, and
  • The maximum amount of partnership loss you can deduct.

We can help

Contact us if you’d like assistance in dealing with these issues or any other issues that may arise in connection with your partnership.

© 2024
TopLine Content Marketing Team

How to communicate accounting information to laypeople

Accurate, timely financial information is key to making good decisions for executives, board members, investors and other stakeholders. But not everyone who reads your financial statements will really understand the numbers they receive and what they mean to your organization. Here are some ways to present your financial results in a reader friendly manner.

Consider your audience

The people who rely on your organization’s financial statements probably come from different walks of life and different positions. Some may have financial backgrounds, but others might not. And it’s this latter group you need to keep in mind as you supply financial data.

This is especially true for nonprofits, such as charities, religious organizations, recreational clubs and social advocacy groups. Their stakeholders may include board members, volunteers, donors, grant makers, watchdog groups and other people in the community. But it also may apply to for-profit businesses that share financial data with their boards, employees and investors who don’t have a controlling interest in the organization.

Don’t assume all your stakeholders understand accounting jargon. It may be helpful to provide definitions of certain financial reporting terms. For example, a nonprofit might explain that “board-designated net assets” refers to items set aside for a particular purpose or period by the board. Examples include safety reserves or a capital replacement fund, which have no external restriction by donors or by law. While this definition might seem obvious to a nonprofit’s management team, stakeholders might not be familiar with it. You could also provide internal stakeholders with some basic financial training by bringing in outside speakers, such as accountants, investment advisors and bankers.

Add pictures to get your message across

In addition to providing numerical information from your company’s income statement, balance sheet and statement of cash flows, consider presenting some information in a graphical format. Long lists of numbers can have a dizzying effect on financial statement readers. Pictures may be easier for laypeople to digest than numbers and text alone.

For instance, you might use a pie graph to show the composition of your company’s assets. Likewise, a line or bar graph might be an effective way to communicate revenue, expenses and profit trends over time.

Present financial ratios

Financial ratios show relationships between key items on your financial statements. While ratios don’t appear on the face of your financial statements, you can highlight them when communicating results to stakeholders. For instance, you might report the days in receivables ratios (accounts receivable divided by annual revenue times 365 days) from the current and prior reporting periods to demonstrate your efforts to improve collections. Or you might calculate gross margin (revenue minus cost of goods sold) as a percentage of revenue from the current and prior reporting periods to show how increases in raw materials and labor costs have affected your business’s profitability.

Another useful tool is the “current ratio.” A comparison of current assets to current liabilities is commonly used as a measure of short-term liquidity. A ratio of 1:1 means an organization would have just enough cash to cover current liabilities if it ceased operations and converted current assets to cash.

It may also be helpful to provide industry benchmarks to show how your company’s performance compares to others in your industry. This information is often available from industry trade publications and websites.

 Be transparent about non-GAAP metrics

One area of particular concern is how your organization presents financial information that doesn’t conform to U.S. Generally Accepted Accounting Principles (GAAP), such as earnings before interest, taxes, depreciation and amortization (EBITDA). The use of non-GAAP metrics has grown in recent years. While non-GAAP metrics can provide greater insight into the information that management considers important in operating the business, take care not to mislead stakeholders by putting greater emphasis on non-GAAP metrics than the GAAP data provided in your financial statements.

For instance, EBITDA is often adjusted for such items as stock-based compensation, nonrecurring items, intangibles and other company-specific items. If you report EBITDA, you should clearly disclose how it was calculated, including any adjustments, and how it compares to earnings before tax on your GAAP income statement.

Use plain English

Regardless of your industry, stakeholders want accurate, transparent information about your organization’s financial performance. It’s up to you to supply them with information they fully understand so they can make informed decisions. Contact us for help communicating your results more effectively to give stakeholders greater confidence and clarity when reviewing your financial reports.

© 2024
TopLine Content Marketing Team

Taxes when you sell an appreciated vacation home

Vacation homes in upscale areas may be worth way more than owners paid for them. That’s great, but what about taxes? Here are three scenarios to illustrate the federal income tax issues you face when selling an appreciated vacation home.

Scenario 1: You’ve never used the home as your primary residence

In this case, the home sale gain exclusion tax break (up to $250,000 or $500,000 for a married couple) is unavailable. Your vacation home sale profit will be treated as a capital gain.

If you’ve owned the property for more than one year, the gain will be taxed at no more than the 20% maximum federal rate on long-term capital gains (LTCGs), plus the net investment income tax (NIIT), if applicable. However, the 20% rate only applies to the lesser of:

  • Your net LTCG for the year, or
  • The excess of your taxable income, including any net LTCG, over the applicable threshold.

For 2024, the thresholds are $518,900 for single filers, $583,750 for married joint filers and $551,350 for heads of households. If your taxable income is below the applicable threshold, the maximum federal rate on net LTCGs is 15%.

If you also owe the 3.8% NIIT, the effective federal rate on some or all of your net LTCG will be 18.8% (15% + 3.8%) or 23.8% (20% + 3.8%).

You may owe state income tax, too.

Scenario 2: You’ve rented out the vacation home

In this situation, you probably deducted depreciation for rental periods. If so, the federal rate on gain attributable to depreciation (so-called unrecaptured Section 1250 gain) can be up to 25%, assuming you’ve held the property for over one year. You may also owe the 3.8% NIIT on the unrecaptured Section 1250 gain. Any remaining gain will be taxed at the federal rates explained earlier.

Plus, if you rented out the vacation home but used it only a little for personal purposes, it has probably been classified as a rental property for federal tax purposes. If so, you may have had rental losses that couldn’t be deducted currently due to the passive activity loss (PAL) rules. You can deduct these suspended PALs when the property is sold.

Scenario 3: You used the vacation home as a principal residence for a time

In this case, you might be able to claim the tax-saving principal residence gain exclusion break. Specifically, if you owned and used the property as your principal residence for at least two years during the five-year period ending on the sale date, you probably qualify for the exclusion.

There’s another major qualification rule for the home sale gain exclusion tax break. The exclusion is generally available only when you’ve not excluded an earlier gain within the two-year period ending on the date of the later sale. In other words, you generally cannot claim the gain exclusion until two years have passed since you last used it.

Of course, if you have a really big gain from selling your vacation home, it may be too big to fully shelter with the gain exclusion — even if you qualify for the maximum $250,000/$500,000 break. Assuming you’ve owned the property for more than one year, the part of the gain that can’t be excluded will be an LTCG taxed under the rules explained earlier.

Conclusion

Taxes on vacation home sales can get complicated, and we haven’t covered all the potential issues here. However, the tax results are simple if you’ve never rented out the property and never used it as a principal residence. We can fill in the blanks in your situation and answer any questions that you may have.

© 2024
TopLine Content Marketing Team