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Archives for March 2025

Small Business Payroll Tax Compliance: 6 Expert Tips to Avoid Costly Mistakes

Ken Botwinick, CPA | 03/28/2025

Managing payroll taxes can be one of the most complex—and risky—parts of running a small business. Failing to stay compliant can lead to financial penalties, legal troubles, and broken trust with your employees. To keep your business on the right track, here are six essential payroll tax compliance tips every small business owner should know.

1. Keep Meticulous Payroll Records

Accurate and organized recordkeeping is a cornerstone of payroll tax compliance. Document every detail, including hours worked, wages paid, and all federal, state, and local tax withholdings. Having well-maintained payroll records not only helps you avoid errors but also protects your business during IRS audits or state tax reviews. Think of it as your first line of defense.

2. Know Your Federal Payroll Tax Obligations

Understanding how federal payroll taxes work is critical:

  • Federal Income Tax: Each employee should submit a Form W-4, which you’ll use to determine the correct withholding amount based on IRS tax tables.

  • FICA Taxes (Social Security and Medicare):

    • Social Security: Employers and employees each pay 6.2%, for a total of 12.4%. This applies only up to the annual wage base limit, which is $176,100 for 2025.

    • Medicare: Both employer and employee pay 1.45%, totaling 2.9%, with no wage base limit.

Employers must also match the FICA contributions, so be sure your payroll system accounts for these correctly.

3. Understand Your Employer Tax Responsibilities

Your business may owe more than just what’s deducted from employee wages. Additional employer-paid taxes often include:

  • FUTA (Federal Unemployment Tax): Used to fund unemployment benefits, this is entirely paid by the employer.

  • State Unemployment Insurance (SUI): Rules and rates vary by state, so it’s important to check with your local labor department for compliance requirements.

Ignoring these taxes can result in fines and compliance issues down the line.

4. Never Miss a Filing or Deposit Deadline

Timely deposits and filings are non-negotiable:

  • Deposit Schedules: Depending on how much payroll tax you withhold, your deposit frequency will be monthly or semi-weekly.

  • Key Tax Forms: File IRS Form 941 quarterly for federal withholdings and Form 940 annually for FUTA taxes.

Important: Under the Trust Fund Recovery Penalty, any “responsible person” who willfully fails to deposit employment taxes can be held personally liable—this includes business owners, officers, and payroll managers. The financial penalties can be devastating.

5. Monitor Tax Law Changes Regularly

Payroll tax regulations are always evolving. From changes in tax rates to new filing requirements, staying current ensures you don’t fall behind. Subscribe to updates from the IRS and your state tax agency, and review your payroll processes regularly to stay compliant.

6. Partner With a Payroll Tax Professional

Even with the best tools and intentions, payroll tax compliance can still be a challenge—especially for growing businesses or those operating in multiple states. A trusted tax professional or payroll provider can:

  • Customize a payroll system for your business

  • Accurately calculate and file taxes

  • Ensure you’re aligned with federal, state, and local laws

  • Prevent costly payroll mistakes

Let an expert take the guesswork out of compliance so you can focus on running your business.

Payroll tax compliance may seem overwhelming, but with the right systems and guidance in place, you can minimize risk and keep your business on solid ground. Don’t wait for an audit or penalty to get your processes in order—be proactive, stay informed, and seek professional help when needed.

Need help managing your payroll taxes? Contact us today to ensure your small business stays compliant and stress-free.

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Business Succession Planning: 5 Strategies to Secure Your Legacy and Minimize Taxes

Ken Botwinick, CPA | 03/20/2025

Planning for your business’s future is crucial to protecting your legacy and ensuring a smooth transition when the time comes. Whether you’re preparing for retirement, stepping back from day-to-day operations, or creating a contingency plan, having a clear succession strategy can help preserve your company’s success.

Here are five business succession options and their tax implications to consider.

1. Transferring Ownership to Family: Sale or Gift

Many business owners prefer to keep their companies within the family by transferring ownership to children, siblings, or other relatives. This transition can happen through direct gifting, selling the business, or a combination of both.

Tax Considerations:

  • Gift Tax: If you gift the business or sell it below fair market value, you may trigger the federal gift tax. The annual gift tax exclusion (currently $19,000 per recipient) can help minimize immediate tax burdens. Additionally, the lifetime gift tax exemption allows larger transfers without incurring tax.
  • Estate Planning: If the owner passes away before completing the transfer, estate taxes could apply. Strategic planning, such as using trusts, can help minimize these liabilities.
  • Capital Gains Tax: If you sell the business to a family member, capital gains tax applies to the difference between the sale price and your original investment.

2. Transferring Ownership Through a Trust

Setting up a trust—such as a grantor-retained annuity trust (GRAT) or an irrevocable trust—can help keep ownership within the family while managing tax exposure.

Tax Considerations:

  • Estate & Gift Tax Advantages: Trusts can help transfer assets with minimal tax consequences, allowing beneficiaries to inherit the business with reduced estate taxes.
  • Legal Complexity: Trusts involve strict legal and tax regulations, making professional guidance essential for compliance and optimization.

3. Selling to Employees or Management

Selling the business to a group of key employees or senior managers ensures continuity and maintains your company’s culture. However, buyers may not always have the necessary funds for an upfront purchase.

Tax Considerations:

  • Owner Financing: Many sellers offer installment plans, creating ongoing income but also generating interest that is taxed.
  • Deferred Payments: Structuring payments over several years can help spread out capital gains tax liability and potentially lower the overall tax burden.

4. Establishing an Employee Stock Ownership Plan (ESOP)

An Employee Stock Ownership Plan (ESOP) is a retirement plan that allows employees to acquire shares in the business, creating a sense of ownership while offering tax advantages.

Tax Considerations:

  • Owner Tax Deferral: Business owners selling to an ESOP may defer capital gains taxes if structured properly (especially for C corporations).
  • Corporate Tax Deductions: Contributions to the ESOP are tax-deductible, reducing the company’s taxable income.

5. Selling to an External Buyer

If transferring ownership to family or employees isn’t an option, you may choose to sell to a competitor, private investor, or private equity firm. A well-structured sale can maximize your business’s value and provide a lucrative exit.

Tax Considerations:

  • Capital Gains Tax: Owners must pay capital gains tax based on the difference between the business’s sale price and their original investment. The long-term capital gains tax rate applies if the business has been owned for over a year.
  • Purchase Price Allocation: The way the sale price is divided between assets (e.g., equipment, intellectual property) impacts the tax treatment for both the buyer and seller.

Choosing the Right Succession Plan for Your Business

Succession planning is not a one-size-fits-all approach. The best strategy depends on:
✔ Your retirement timeline
✔ Financial goals
✔ Family and employee involvement
✔ Tax implications

Consulting with experienced financial and legal professionals can help you navigate the complexities of business succession while minimizing taxes. Let’s work together to develop a strategy that safeguards your business’s future and secures your financial legacy.

Contact us today to explore the best succession plan for your business!

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Choosing the Right Business Entity: Is an S Corporation the Best Fit for Your Startup?

Ken Botwinick, CPA | 03/20/2025

Are you launching a business and wondering whether an S corporation (S corp) is the best structure for you? If you’re starting with partners, selecting the right business entity is crucial for liability protection, tax benefits, and long-term growth. An S corporation offers several advantages over partnerships and C corporations, making it a popular choice among entrepreneurs.

Key Advantages of an S Corporation

1. Limited Liability Protection

One of the biggest benefits of forming an S corporation is that shareholders are not personally responsible for the company’s debts or liabilities. However, to maintain this protection, it’s essential to:

  • Properly fund the corporation to support its operations.
  • Keep business and personal finances separate.
  • Comply with state regulations, such as filing articles of incorporation, adopting corporate bylaws, electing a board of directors, and holding required meetings.

Failing to follow these formalities can expose shareholders to personal liability.

2. Tax Benefits for Business Losses

New businesses often face financial losses in the early stages. If you choose an S corp over a C corporation, you can take advantage of pass-through taxation. This means shareholders can deduct their portion of business losses on their personal tax returns—up to their stock basis and any loans they provided to the company. If losses exceed this basis, they can be carried forward for future deductions when the basis allows.

3. Profit Taxation and Self-Employment Taxes

When your S corporation begins turning a profit, the income is taxed at the shareholder level, whether or not distributions are made. This can be advantageous because:

  • Unlike self-employed business owners, S corp shareholders are not subject to self-employment taxes on their share of the company’s income.
  • Only wages paid to shareholders as employees are subject to Social Security and Medicare taxes.
  • If the business income qualifies as Qualified Business Income (QBI), shareholders may be eligible for a 20% tax deduction under current tax laws.

Note: The QBI deduction is scheduled to expire after 2025 unless Congress extends it, but potential legislative extensions are currently under discussion.

4. Fringe Benefits Considerations

If you’re planning to offer benefits such as health and life insurance, it’s important to know that while the company can deduct these expenses, they are taxable to any shareholder owning more than 2% of the corporation. This differs from C corporations, where such benefits can be tax-free.

Maintaining S Corporation Status

To preserve your S corporation’s tax advantages and status, you must follow strict ownership rules:

  • Shares cannot be transferred to ineligible shareholders (such as corporations, partnerships, or nonresident aliens).
  • The corporation cannot have more than 100 shareholders.
  • It’s advisable to have each shareholder sign an agreement restricting transfers that could inadvertently terminate the S corp election.

Failing to adhere to these guidelines can result in the business losing its S corp status and being taxed as a regular corporation.

Making the Right Choice for Your Business

Choosing the right business structure impacts your tax obligations, liability protection, and operational flexibility. If you’re unsure whether an S corporation is the best fit for your business, consult with a professional. We can help you evaluate your options and ensure a smooth setup for your new venture.

Contact us today to discuss your business entity selection and start your journey toward success!

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How to Navigate the Business Interest Expense Deduction Limit in 2025

Ken Botwinick, CPA | 03/10/2025

Understanding Section 163(j) and Strategic Tax Planning

Before the Tax Cuts and Jobs Act (TCJA), businesses could deduct most interest expenses related to their operations. However, with the introduction of Section 163(j), the IRS imposed new limitations on business interest expense deductions, significantly impacting companies with substantial financing costs.

As 2025 approaches, business owners must proactively manage these limitations to optimize their tax benefits. Fortunately, strategic tax planning can help mitigate the impact of these restrictions.

Breaking Down Section 163(j): How the Deduction Limit Works

Unless your company qualifies for an exemption, the maximum business interest deduction is limited to:

  • 30% of Adjusted Taxable Income (ATI)
  • Business interest income, if applicable
  • Floor plan financing interest, if applicable

If your business does not have significant business interest income or floor plan financing, the deduction limit generally equates to 30% of ATI.

What Counts as Adjusted Taxable Income (ATI)?

ATI represents taxable income, excluding:

  • Nonbusiness income, gains, deductions, or losses
  • Business interest income and expense
  • Net operating loss deductions
  • The 20% qualified business income (QBI) deduction for pass-through entities

Initially, ATI was calculated without factoring in depreciation, amortization, or depletion. However, as of 2022, these expenses are deducted, reducing ATI and thereby limiting deductible interest further.

How to Work Around the Business Interest Deduction Limit

While the Sec. 163(j) limitation remains in effect, businesses can implement strategies to manage its impact.

1. Determine If Your Business Qualifies for an Exemption

Certain small businesses are exempt from the deduction limit. Your business may qualify if its average annual gross receipts over the last three years fall below a specified threshold (adjusted annually for inflation). However, businesses classified as tax shelters do not qualify for this exemption.

Additionally, related businesses under common ownership must aggregate their gross receipts to prevent larger corporations from circumventing the limit by splitting into smaller entities.

2. Opt Out (If Eligible) – But Weigh the Costs

Certain real estate and farming businesses can opt out of the Sec. 163(j) limitation. Eligible real estate businesses include those engaged in:

  • Property development, redevelopment, and construction
  • Rental property operations and leasing
  • Real estate management and brokerage

However, opting out comes with a trade-off: businesses must switch to longer depreciation periods for certain property, reducing immediate tax benefits. Weighing the long-term tax savings of unlimited interest deductions against reduced depreciation deductions is crucial before making this election.

3. Capitalize Interest Expense to Reduce the Tax Impact

Interest that is capitalized is not subject to the Sec. 163(j) deduction limit. Businesses may capitalize interest costs related to acquiring or producing property as part of their asset’s cost basis.

  • Interest capitalized to equipment or fixed assets can be recovered over time via depreciation.
  • Interest capitalized to inventory can be deducted as part of the cost of goods sold (COGS), effectively reducing taxable income.

By leveraging capitalization strategies, businesses can shift their interest expense into a tax-deductible category that is not constrained by Sec. 163(j).

4. Reduce Interest Expenses Proactively

Reducing reliance on debt financing can minimize the impact of the interest deduction limit. Businesses can explore options such as:

  • Shifting to equity financing instead of debt
  • Paying down high-interest loans when possible
  • Generating interest income by extending credit terms to customers

By lowering overall interest expenses or increasing interest income, businesses can strategically navigate Sec. 163(j) limitations.

Stay Ahead with Proactive Tax Planning

Unlike other provisions of the TCJA set to expire in 2025, the business interest expense deduction limit remains in effect unless Congress intervenes. To safeguard your company’s financial health, planning ahead is essential.

If your business is affected by the Sec. 163(j) limitation, our tax experts can help you explore the best strategies to optimize your deductions. Contact us today to discuss how to minimize your tax burden and keep your business financially strong.

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