I have an assistant who frequently works with me. Do I
have to put this person on payroll or can I treat them as a subcontractor?
The answer generally
depends upon the amount of control you exercise over the work. While this
is determined on a case by case basis, there are some general guidelines.
Think of a plumber. When you hire a plumber, you show the plumber what
needs to be done and let him do it. He brings his own tools, provides the
supplies and materials needed, he does the work the way he thinks it needs to be
done, and you pay him for the job. This is a clear case of a subcontractor
since you are exercising no control over the way the job is performed. On
the other hand, if you were to supply the tools, the materials and provide
instruction as to how the job was to be done, paying by the hour instead of the
job, you probably have an employee.
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I am starting a new business, what do I need to do?
The first decision is
the form of business you want to use. An individual can be a sole
proprietor, a corporation, or in many states a single member LLC. A group
of people can form a partnership in addition to a corporation or LLC.
Further, there are two types of corporations, one that is taxed as a separate
entity and one where the tax liability flows through to the shareholders'
personal income tax returns. The choice of business structure is the first
decision that needs to be made and one that cannot be easily changed. Once
that decision is made, you may need to register with the IRS and your
state. We have a New Business Kit to help guide you through this process.
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I am computerizing my accounting records, what software
should I use?
We recommend Peachtree
Complete Accounting. This is a complete computer accounting program that
can grow with your business. It has many sample businesses that can be
copied and easily modified for your business. It is relatively "user
friendly" and provides many standard detailed reports. We can answer
many of your questions involved in setting up and using this software.
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The IRS has contacted me, what do I do?
Contact us. We
can assess the notice and advise you of proper action. While many notices
from the IRS are routine and can be easily handled, the inquiry needs to be
handled as soon as possible. Delay in dealing with IRS questions leads to
bigger problems. If you have been contacted regarding an audit, you want
professional representation at the audit. Audits can take a lot of your
time, if you try to handle it by yourself, time which you need to spend running
your business. Frequently, we can have the audit transferred to a local
office and handle it for you, minimizing the time you need to spend and limiting
the disruption to your business.
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I operate my business out of my home, I've heard that there
are many deductions available to me because of that. What can I deduct?
There are many rules
concerning the deductibility of expenses related to a home based business.
To begin with, you must have an area of your home that is used exclusively and
regularly for business. If there is personal use of this area, no
deduction is allowed.
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How long do I need to keep my tax records?
We recommend that you
save your records for 7 years after filing your return. However, records
associated with the costs of capitalized assets should be retained for 7 years
after you sell the asset or otherwise remove it from your depreciation
schedule. You should retain your tax returns, general ledger and
supporting journals forever.
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Do I need to report payments made to a subcontractor?
Payments in excess of
$600 made to unincorporated businesses or individuals for services should be
reported on a 1099. We recommend that payments in excess of $400 to sole
proprietors be reported on 1099s. Failure to properly report such payments
could result in the IRS assessing penalties.
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How much can I deduct for charitable contributions?
You may deduct the
amounts you have given to qualified tax exempt organizations. The
organization to which you made the contribution will be able to tell you whether
contributions are deductible. The amount of your deduction must be reduced
by the fair market value of any premium you receive in exchange for your
contribution.
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I donated used clothing to my church rummage sale. Can
I deduct the original cost of the clothing?
No. Your
deduction is limited to the fair market value of the clothing at the time of
your contribution. This can most easily be determined by visiting a thrift
shop and comparing the prices charged for similar type clothing. You may
want to obtain Cash For Used Clothing which is published annually by Client
Valuation Services in Lincoln, Nebraska. It contains a detailed listing of
market values for used items.
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How long do I need to keep my tax records?
We recommend that you
save your records for 7 years after filing your return. However, records
such as closing statements for the purchase of your home and security purchases
(stocks) should be retained for 7 years after you sell. You should retain
your tax returns forever.
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I sold stock that I inherited. How do I compute capital
gains?
Inherited property is
valued at fair market value on the day of death. When computing gain or
loss, it is treated as Long Term regardless of how long it was owned by the
decedent.
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I owe money with my tax return. Should I file an
extension?
Extensions are only
valid if you have paid your estimated tax liability. It is an extension of
time to file, not an extension of time to pay. If you have a balance due
on your return that is under $10,000, you may file Form 9465 requesting an
installment agreement to pay your tax.
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The IRS has contacted me, what do I do?
Contact us. We
can assess the notice and advise you of proper action. While many notices
from the IRS are routine and can be easily handled, the inquiry needs to be
handled as soon as possible. Delay in dealing with IRS questions leads to
bigger problems. If you have been contacted regarding an audit, you want
professional representation at the audit. Contact us.
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I haven't filed a tax return for a number of years, what
should I do?
You need to file as
soon as possible. However, since there are a number of issues involved in
not filing tax returns, you should contact us so that we may assess your
situation and determine the best approach.
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