Tax Planning: Past, Present, and Future Savings

Dec 1, 2008 12:00 PM, By Mark E. Battersby, Freelance Writer

The downside of tax savings

Although these tax breaks passed with only minimal “revenue enhancers,” there are a few provisions designed to offset the loss to the U.S. Treasury. Approximately $44 billion in offsets will mean tax increases for some taxpayers. The Federal Unemployment Tax Act (FUTA) surtax is one such area.

FUTA imposes a 6.2% gross tax rate on the first $7,000 paid annually by employers. In 1976, Congress passed a temporary surtax of 0.2% of taxable wages to be added to the permanent FUTA tax rate. The temporary surtax subsequently has been extended through 2008. This bill extends the surtax for one year only — at an estimated cost to employers of $1.474 billion over 10 years.

An electrical contractor or professional might, for example, have acquired necessary equipment in 2008. The expenditure for that equipment would qualify as a Section 179 expensing deduction, small enough not to trigger the ceiling. However, with little in the way of profits, a depreciation write-off over a number of years (when profits will hopefully, be greater and the tax bracket more onerous) might be more advantageous.

Planning in the face of change

To add to the changes, there is a lot more tax legislation on tap. At the top of the list is the question of whether to extend many of the temporary provisions enacted in the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA), such as the lower individual marginal income tax rates and relief of the marriage penalty. EGTRRA also repealed the federal estate tax but just for 2010. These temporary provisions will expire after 2010. Additionally, lower capital gains and dividend tax rates will sunset within the next few years.

Of more immediate interest may be the basic tax deductions, deductions that warrant attention prior to the electrical operation's — and the owner's — tax filing deadlines.

The home shop or office — If you or some of your staff members regularly work from home, you may be entitled to a tax deduction for expenses related to operating that home office. In fact, this deduction may be available to you as an individual even if you have an outside-the-home office and do the bulk of your work at home.

The home office or shop deduction is available to employees, business owners, and self-employed electrical contractors and offers many opportunities for tax deductions. Virtually all outside expenses are deductible, including rent, utilities, insurance, repairs, improvements, maintenance, and the like.

Business smarts — Uncle Sam wants you to get better at what you do, as well as enjoy the fruit of your labor — after taxes. For example, you can deduct expenditures to maintain or improve existing skills, so long as they are related to electrical design, construction, or maintenance. The cost of education that qualifies you for a new job or profession is not deductible, of course.

Business benefits — As business owners, electrical professionals have an advantage that most other businesses do not have with regard to health care costs — they can deduct many of their health insurance costs from their taxes.

When it comes to saving for retirement, electrical contractors and other small business owners are better off than their employees. This is because the government allows small businesses to set up retirement accounts specifically designed for small business owners. Obviously, these retirement accounts cannot ignore any employees the operation may have, but they can and do provide enormous tax benefits intended to maximize the amount of money that can be put away in tax-deferred accounts during working years.

Just for fun — There are also those enjoyable, entertaining tax deductions. Frequently, important business meetings, client contacts, and marketing efforts take place at restaurants, golf courses, or sporting events. Under U.S. tax rules, you can deduct amounts spent for entertainment and half of the amounts spent for food and beverage. Remember, however, because taxpayers continue to abuse this deduction, the IRS has strict rules limiting the types and amounts of entertainment costs that are tax deductible — and they enforce them, providing another good reason to seek professional tax advice.

Self evaluation

Another issue you should discuss with your tax professional is the still unresolved and highly complex question of who is an independent contractor and who is an employee? Many electrical professionals prefer the independent contractor label because of the flexibility it provides as well as the extra tax write-offs that go with it. Those who use “independent contractors” generally avoid the paperwork and payroll taxes associated with employees.

Although the IRS has published guidelines with 20 factors in an effort to help resolve the controversy that exists in this area, the IRS and many state tax authorities continue to question the independent contractor status of many workers. Deciding whether an electrical professional is an employee of his or her business is, fortunately, a far less controversial area. The courts have ruled on several occasions that a shareholder who provides substantial services to his or her incorporated business, even an S corporation — is an employee insofar as withholding is required.

In the area of fringe benefits, retirement plans, and the like, the majority of shareholder/owners, partners, and principals are considered employees of the business, entitled to reap all rewards offered by the business. Naturally, those benefit programs cannot discriminate in favor of the owner/shareholder or any highly compensated worker.

It should be obvious by now that professional advice is a virtual necessity for every electrical contractor as well as every business owner and manager. It's not too late to take full advantage of the new — and, in many cases, temporary — tax breaks that became a reality during 2008. Nor is it too late to develop a strategy that will help reduce the tax bill for the 2008 tax year — and for many years to come.

Battersby is a freelance writer with offices in the suburban Philadelphia community of Ardmore, Pa. He can be reached at MEBatt12@earthlink.net.