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Archives for September 2025

Tax Court Ruling Highlights the Importance of Strong Recordkeeping for Businesses

Ken Botwinick, CPA | 09/29/2025

Running a successful business requires more than delivering great products or services. Behind the scenes, meticulous recordkeeping plays a crucial role in financial health, compliance and tax savings. Good records can mean the difference between successfully defending a deduction and losing valuable tax breaks. A recent U.S. Tax Court decision underscores just how important this is.

Why it matters

The IRS requires all businesses — no matter how small — to maintain records that accurately reflect income, expenses, assets and liabilities. Without these records, it’s nearly impossible to:

  • Substantiate tax deductions and credits,
  • Track cash flow and profitability,
  • Prepare accurate financial statements,
  • Monitor the progress of your business,
  • Support decisions for financing, and
  • Demonstrate compliance during an IRS audit.

In short, strong recordkeeping protects your business, both for operational and tax law purposes.

Taxpayer loses deductions due to insufficient records

In one case, a union power‐line worker also had business interests in a storm response partnership, a salon and a rental property. He claimed significant losses and business expenses on his return for the year in question. Among his claimed deductions were partnership losses and expenses for tools, clothing and travel.

In Tax Court Memo 2025-12, the court disallowed substantial deductions because the taxpayer couldn’t properly substantiate them. Some invoices or receipts were missing or didn’t tie clearly to the business purpose.

For example, with vehicle or travel expenses, the court noted the lack of contemporaneous logs and details that distinguished business vs. personal use. For partnership losses, the taxpayer needed to show his basis in the partnership, but couldn’t provide clear documentation of all his capital contributions.

In addition to denying many of the taxpayer’s deductions, the court upheld an accuracy‐related penalty. This is an extra charge (typically 20% of the underpayment) that can be assessed when a taxpayer makes substantial mistakes on a tax return.

This case isn’t unique. Year after year, businesses lose valuable deductions for the same reason: poor recordkeeping.

Six key practices to protect tax breaks

To avoid costly mistakes, businesses should implement a recordkeeping system that’s both practical and compliant. Here are six best practices to consider:

1. Separate business and personal finances. Open a dedicated business checking account and credit card. Mixing personal and business expenses is one of the fastest ways to create confusion — and attract IRS scrutiny.

2. Maintain contemporaneous records. Document expenses when they occur, not months later. For example, keep mileage logs for business driving and note the purpose of each trip.

3. Use accounting software. Modern accounting platforms (like QuickBooks® or industry-specific tools) streamline recordkeeping. They allow you to categorize expenses, generate reports and integrate with bank accounts to minimize errors.

4. Keep source documents. For example, retain purchase and sale invoices, receipts, bank statements, canceled checks, and credit card bills. Scanning or photographing receipts ensures they won’t fade or get lost. Also, keep copies of Forms 1099-MISC and 1099-NEC. There are also specific employment tax records you must keep.

5. Retain records for the right amount of time. Generally, the IRS recommends keeping records for at least three years. That’s the amount of time that the tax agency can audit a tax return. However, some records (such as payroll tax or property records) should be kept longer. The length of time can be extended to six years if the income is underreported by more than 25%. And if no return is filed or fraud is involved, the IRS can conduct an audit for an indefinite amount of time.

6. Establish internal controls. For businesses with employees, internal checks help ensure the accuracy and integrity of records. Examples of these controls include requiring dual signatures for large expenses and segregating duties so that different employees handle authorization, custody of assets and recordkeeping.

Reliable records are vital

The lesson from the Tax Court case described above is clear: Without reliable records, even legitimate deductions can vanish. Don’t let poor documentation cost your business money. We can help your business:

  • Set up a recordkeeping system tailored to your business,
  • Learn which expenses are deductible (and how to document them),
  • Review its books to catch issues before the IRS does, and
  • Manage any IRS challenges to tax deductions.

Contact us to discuss how we can help you establish sound recordkeeping practices and safeguard valuable tax breaks.

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Receive $10,000 in cash at your business? The IRS wants to know about it

Ken Botwinick, CPA | 09/16/2025

If your business accepts large cash payments, you may need to do more than report income on your tax return. U.S. law requires many businesses to file Form 8300 whenever they receive more than $10,000 in cash in a single transaction or in related transactions. Below we’ll explain who must file, what counts as “cash,” how and when to file, and what penalties apply.

Who must file Form 8300?

Any “person” engaged in a trade or business that receives >$10,000 in cash must file. “Person” is broad—it includes an individual, company, corporation, partnership, association, trust, or estate. IRS+1

What are “related transactions”? Payments from the same payer to the same recipient within a 24-hour period are related. They can also be related beyond 24 hours if you know (or have reason to know) they are part of a series of connected transactions. IRS

Filing deadline: File within 15 days after receiving the cash that triggers reporting. IRS

What counts as “cash” for Form 8300?

  • U.S. and foreign currency (paper money/coins).

  • Cash equivalents: certain cashier’s checks, bank drafts, money orders, and traveler’s checks with a face value of $10,000 or less when used in a designated reporting transaction (e.g., retail sale of a car/boat, collectibles, travel/entertainment) or when you know the customer is attempting to avoid reporting. IRS

Does a single $12,000 cashier’s check count as cash? No—monetary instruments over $10,000 by themselves are not cash for Form 8300. But a $6,000 cashier’s check + $6,000 currency for one sale does count (total >$10,000). IRS

Are wires or personal checks cash? No. Personal checks and bank wires/ACH are not cash for Form 8300. (Financial institutions separately report large currency transactions via FinCEN Currency Transaction Reports.) IRS

What about crypto/digital assets? Although a 2021 law added “digital assets” to the cash definition, the IRS announced transition relief—do not report digital-asset receipts on Form 8300 until regulations are issued (Announcement 2024-4). IRS+1

How to file in 2025 (e-file rules)

  • E-file required if you must e-file other information returns (like W-2s/1099s) or if you file at least 10 information returns (other than Form 8300) during the year. The number of Forms 8300 you file does not count toward that 10-return threshold. IRS

  • File electronically through FinCEN’s BSA E-Filing System; batch e-filing is available and helpful if you submit many forms. Waivers (Form 8508) and a religious exemption exist for e-filing. IRS+1

Penalties for noncompliance (2025)

  • Per-return penalties under IRC §6721 vary by lateness; for 2025, the penalty is up to $330 per form if filed after August 1 or not filed at all; intentional disregard can be $660 per return (general information-return grid). IRS

  • Form 8300 has much steeper “intentional disregard” penalties: the greater of $31,520 or the amount of cash received, capped at $126,000 per failure (no annual cap). IRS

  • Real-world example: In T.C. Memo 2025-38, an Arizona auto dealer lost a reasonable-cause argument and faced $118,140 in penalties for missing hundreds of Forms 8300. Current Federal Tax Developments+1

Recordkeeping & customer notices

  • Keep a copy of every Form 8300 (plus supporting documents and required customer statements) for five years.

  • E-file confirmations don’t satisfy the recordkeeping rule—save/print the actual form and associate the confirmation number with it.

  • You must send a written statement to each person named on the form by January 31 of the year following the cash receipt. IRS+1

Quick compliance checklist

  • ☐ Train staff to spot related transactions and the 24-hour rule. IRS

  • ☐ E-file via BSA E-Filing and set up batch filing if you submit many forms. IRS

  • ☐ File within 15 days of receipt that pushes you over $10,000. IRS

  • ☐ Verify and collect TINs for payers; document attempts if a customer refuses. IRS

  • ☐ Save copies for 5 years; confirmations alone are not enough. IRS

FAQs

Do installment payments trigger Form 8300?
Yes. Add cash installments made within one year of the first payment. When cumulative cash exceeds $10,000, file within 15 days of the payment that crosses the threshold. You must file again if additional cash exceeds another $10,000 within a 12-month period. IRS

Do colleges or contractors have to file?
Yes—colleges/universities and contractors must file Form 8300 when they receive >$10,000 in cash (subject to the standard rules). IRS

If I take a $12,000 wire plus $4,000 cash, do I file?
No, because wires aren’t cash; with only $4,000 currency, the cash portion didn’t exceed $10,000. (But stay alert for combinations with small cashier’s checks/money orders that could push you over.) IRS

Should I report crypto I received in 2025?
Not on Form 8300 at this time. The IRS says businesses don’t need to report digital-asset receipts on Form 8300 until regulations are issued. IRS

 

Need help with Form 8300 compliance? Don’t risk costly penalties or missed deadlines. Our team builds end-to-end cash-reporting programs for businesses like yours—including a one-time compliance checkup, workflow design for the 24-hour/related-transaction rules, staff training and TIN collection best practices, BSA e-filing setup (including batch submissions), recordkeeping templates and customer-statement language, plus remediation and penalty-abatement guidance if you’ve fallen behind. Let’s make compliance simple and stress-free—contact us today to schedule a consultation.

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How New R&E Tax Rules Could Boost Your Business Savings in 2025

Ken Botwinick, CPA | 09/03/2025

Businesses investing in research and experimental (R&E) activities are set to benefit from a significant tax update in 2025. On July 4, 2025, the One Big Beautiful Bill Act (OBBBA) reinstated the immediate deduction for U.S.-based R&E expenses. This reversal undoes a major provision of the Tax Cuts and Jobs Act (TCJA), which previously required companies to capitalize and amortize R&E expenses over five years (or 15 years for international research).

This shift has the potential to create substantial savings and improve cash flow for businesses engaged in innovation, technology, and development.

Maximizing Your R&E Tax Opportunities

The immediate deduction for qualifying domestic R&E expenses begins with eligible 2025 costs, but there are several strategies that businesses should consider to maximize their benefits:

1. File Retroactive Claims

Small businesses — defined as those with average annual gross receipts of $31 million or less over the past three years — may apply the new rule retroactively. By filing amended returns for 2022, 2023, and/or 2024, you could claim the immediate deduction and secure tax refunds for those years. Remember, these amended returns must be filed by July 4, 2026.

2. Accelerate Remaining Deductions

Companies that began capitalizing and amortizing R&E expenses in prior years (2022–2024) may deduct the remaining balance in full on their 2025 return or split it between their 2025 and 2026 returns. This provides faster access to deductions that would otherwise be spread over several years.

3. Reevaluate Research Locations

With the new rules, domestic research offers even greater advantages. Previously, the five-year vs. 15-year amortization periods made U.S.-based research more attractive than foreign activities. Now, the ability to immediately deduct domestic R&E costs makes relocating research operations to the U.S. a tax-savvy decision.

4. Don’t Overlook the Research Credit

While deductions reduce taxable income, R&E tax credits directly reduce the tax you owe, dollar-for-dollar. If your company qualifies for the credit for “increasing research activities,” this could deliver even greater savings. However, keep in mind that the definition of qualifying expenses for the credit is narrower than for deductions — and you cannot claim both on the same costs.

Why This Matters for Your Business

These changes provide a powerful opportunity to improve cash flow, strengthen your financial position, and reinvest in innovation. Whether you’re a startup exploring cutting-edge technology or an established company with ongoing R&D initiatives, planning ahead will help you maximize every tax advantage available.

Partner with Botwinick for Expert Guidance

Navigating these new R&E tax rules can be complex, but you don’t have to do it alone. At Botwinick & Co., CPAs, our team specializes in helping businesses take full advantage of evolving tax laws. We’ll analyze your situation, identify strategies tailored to your business, and guide you through every step — from amended filings to planning future research investments.

Contact us today to discuss how these changes impact your company and learn how to maximize your tax savings in 2025 and beyond.

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