California Tax Hikes

According to the California Legislative Analyst Office, California is raising billions of dollars with state tax increases while limiting the use of NOLs.

The May Revision proposes to temporarily increase corporation tax revenues by limiting the use of business tax credits and net operating loss deductions. We think the proposal to limit use of tax credits is worth serious consideration. On the other hand, the proposal to limit net operating loss deductions raises concerns. In response, we suggest the Legislature consider alternative ways to raise revenue should it wish to pursue revenue solutions.

Background
Business Tax Credits Aim to Encourage Certain Economic Activity. Tax credits allow businesses to reduce their tax bill when they do certain activities—such as hiring certain workers and conducting research—that state policies aim to encourage. Business tax credits essentially are spending programs carried out through the state’s tax system. Examples include the research and development credit, the California Competes credit, and the film and television credit. The research and development credit is the state’s single largest business credit, reducing revenue by around $2 billion each year.

Net Operating Loss Deductions Smooth Business Profits and Losses Over Time. Many businesses experience losses in some years. These businesses are allowed to carry forward these net operating losses (NOL) and deduct them from their taxable income in future years. NOL deductions allow businesses to smooth profits and losses over time for tax purposes. NOL deductions can be carried forward for up to 20 years.

NOL Deductions Provide More Equitable Treatment of Taxpayers. The smoothing of profits and losses via NOL deductions results in businesses with similar profits over time paying similar taxes. Without this smoothing, businesses that have large swings in profits and losses from year to year pay more taxes than businesses with similar but more stable profits. Some businesses are more prone to large swings because they are in riskier or more innovative industries. For example, profits of businesses in the technology, motion picture, transportation, and real estate sectors tend to fluctuate more than other sectors. NOL deductions allow for a more equitable treatment of these types of businesses.
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10 Reasons Why Working With A Professional Tax Recruiter Is A Good Investment

1. Do not leave the most important professional decision you make in building your tax team to chance. The chance the best tax candidate will respond to your online tax job ad is not optimal this way. The truth is it requires an expert to go out and actively recruit the most talented tax professionals and invite them to speak with you privately.

2. Experienced tax recruiters understand corporate clients are very busy and value discretion and confidentiality on a tax executive search.

3. Our level of understanding of tax executive searches, our one-on-one interviewing and screening skills ensure more successful, long-term matches on a tax search. Our personalized approach enables us to be more discerning, and not based on superficial characteristics you will encounter during a few interviews.

4. Interviewing correctly is a time-consuming process. Working with us saves you time since we thoroughly pre-screen and vet personalities to find tax professionals who align with your preferences and values.

5. Relying on online resumes submitted through public resume portals increases the risk of unpleasant personality surprises and poor worth ethic. An experienced tax recruiters’ responsibility is to screen out incompatible candidates and report their findings to clients.
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TIGTA: IRS Employees Willful Non-Compliance Paying Taxes

The Treasury Inspector For General For Tax Administration (TIGTA) recently released a stunning report about tax delinquencies for their employees on July 24,2024.

Why TIGTA Did This Audit
This review was initiated based on a congressional request asking TIGTA to conduct an updated review of the IRS’s employment practices. This included determining how many agency employees are not currently fully compliant on their tax debts and how many rehires on the IRS payroll were previously separated for performance issues, including failure to fully pay their taxes, and what actions the agency is taking, if any, to remedy these compliance issues.

The overall objectives of this audit were to evaluate the process for identifying and remediating willful IRS and contractor employee tax noncompliance, and the steps taken to mitigate the risks of rehiring former employees with past conduct or performance issues.

Impact on Tax Administration

In Section (§) 1203(b) of the IRS Restructuring and Reform Act of 1998, Congress made mandatory the removal of any IRS employees who were found to have willfully committed certain acts of misconduct, including tax noncompliance, subject only to the IRS Commissioner’s discretion. Hiring employees of high integrity is essential to safeguarding taxpayer information. IRS and
contractor employees who are not tax compliant could negatively affect public trust in tax administration and the perception that the IRS is being honest in its dealings with taxpayers.

What TIGTA Found

The IRS has policies and procedures in place to detect and remedy IRS and contractor employee willful and non-willful tax noncompliance as well as conduct/performance issues. However, some current IRS and contractor employees have previous tax noncompliance or prior conduct/performance issues. Overall, IRS and contractor employees were 95 percent tax complaint, consisting of filing and payment tax compliance. Of the 85,359 IRS employees on the rolls as of May 6, 2023, 85,344 (more than 99 percent) were compliant with their tax filing obligations and 82,036 (96 percent) were compliant with their tax payment obligations. In addition, of the 25,732 contractor employees on board as of March 13, 2023, 25,660 (more than 99 percent) were compliant with their tax filing obligations and 23,248 (90 percent) were compliant with their tax payment obligations. Between October 1, 2021, and April 1, 2023, the IRS closed 1,175 cases with disciplinary actions, for 1,068 current employees, with confirmed tax noncompliance issues. During that same time period, 70 employees were identified with substantiated willful § 1203(b)(8) or (b)(9) violations and 20 were removed as a result.
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California Taxpayers Must Pay Attention To The 150 Proposed Tax Hikes In 2024

The California Secretary of State just released the list of statewide ballot measures that politicians put on your ballot – and there are really CRUCIAL FIGHTS facing Californians to save Prop 13 and stop dangerous tax policies in this November 2024 election.

Here’s what is on the Election Ballot and how you can help:
REFORM CALIFORNIA TOP PRIORITY BALLOT MEASURE FIGHTS IN NOVEMBER:
No on Prop 5: Partial Repeal of Prop 13 / Guts Voter Approval on Tax Hikes
No on Props 2 & 4: Forcing Taxpayers into Bonded Debt to Cover Budget Deficit and Finance Boondoggle Projects
No on Prop 33: Assault on Private Property Rights
Yes on Prop 36: Make Crime Illegal Again Initiative
NO on Local Tax Hikes: We are tracking over 150 local tax hikes we will be opposing!

CONTRIBUTE: Support the Fight to Reform California – BALLOT MEASURE FUND

The BIGGEST CHALLENGE: Politicians are once again putting false and misleading titles on ballot measures. The best weapon to combat this and WIN is to distribute our Reform California “Plain English” Voter Guide to target voters.

But Reform California only have 20% of the costs covered so far!

MATCHING FUNDS DEADLINE: Each month there i an opportunity to hit a MATCHING FUNDS goal to unlock the resources needed to fight for California taxpayers! But with the deadline at midnight this Wednesday, July 31, they are still $38,312 away from hitting this goal!
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Five Ways Existing Landowners Can Benefit From Deploying Land Into A Qualified Opportunoity Fund (QOF)

Anyone in the real estate business is aware of the powerful, impactful and flexible Opportunity Zone (OZ) Program which became effective Jan. 1, 2018 as part of the Trump Administration’s bi-partisan Tax Cuts and Jobs Act (2017 Tax Act). However, developers are generally required to modify their traditional game plan of contributing property, receiving equity as “carried interest” in the partnership and navigating the related-party and self-constructed asset rules in order to comply with some of the unique structuring requirements under Internal Revenue Code (IRC) Section 1400Z and related Regulations which control the OZ Program.

The OZ program currently allows up to a current five-year federal (and in all states other than CA, MS, NC, NY and MA) tax deferral on virtually any U.S. short-term or long-term capital gain, other than gains generated on related-party transactions (20% common ownership). For gains invested into a Qualified Opportunity Fund (QOF) by Dec. 31, 2021, the OZ program allows the taxpayer to increase their tax basis in the QOF by 10% after holding the QOF interest for 5 years. Provided the taxpayer has held the QOF for the required five-year holding period on the earlier of: i) Dec. 31, 2026 or ii) the disposition date of the QOF interest the taxpayer only reports 90% of the deferred tax gain. For example, a taxpayer deferring a $1 million gain will report $900,000 on Dec. 31, 2026 (or on an earlier disposition or “Inclusion Event” date).

The real impactful benefit from the OZ program comes in the form of complete tax exemption on any post-reinvestment appreciation in the OZ investment(s) after holding the QOF for at least ten years. While seldom factored into projected investment returns, all depreciation and credits claimed on OZ projects are also exempted from recapture after meeting the 10-year hold threshold – an incredible tax benefit for OZ investors.
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Sales Tax And California’s 80/80 Rule

Running a restaurant comes with its fair share of challenges, and one of the often-overlooked complexities is sales tax. Failure to navigate the intricacies of sales tax regulations can lead to costly fines and penalties. California Regulation 1603 and its 80/80 rule stands out as a key determinant in sales tax application for food establishments.

In this article, we’ll unpack the 80/80 rule when applied to sales tax, explain how it works, and how you can ensure all your bases are covered, with regard to your business’s compliance. Here’s what you can learn:

Understanding the 80/80 Rule: Explains the 80/80 rule in restaurant sales tax, determining tax application for food sales.
The Nuance of Restaurant Taxes: Discusses the complexities of restaurant tax compliance, considering factors like food temperature and sales method.
The Role of Automation in Tax Compliance: Highlights the use of automation solutions, like Avalara, to manage sales tax compliance efficiently in restaurants.

1. Understanding the 80/80 Rule
The world of taxation can be a confusing one. Tax codes are thick with rules and regulations that can be applied a number of different ways.

Case in point: the 80/80 tax rule for restaurants.
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Three Successful Strategies To Manage, Motivate And Inspire Your Tax Team

If you are tasked with the great responsibility of leading a tax team, it is important to remember your team will feed off the energy that emanates from the top. When you are leading an organization, those under you will feel your energy and attitude towards your team. You can manage a team by staying in your office or you can manage your team by engaging with them frequently in positive interactions. This article provides three ideas to successfully manage, motivate and inspire your tax team members to higher levels of production and success. There was an experience learned early on in developing my management skills that taught me a valuable lesson in motivating our team. Someone who reported to me early on in my career told me how much they appreciated the inspirational quotes I sent out to staff during the week. It was only during a review process that I learned how impactful the inspiration and motivational quotes sent to my team members contributed to their positive attitude and overall success. During an annual review, one individual expressed in writing how much they appreciated the inspirational quotes I would send out in team communications. They communicated to me in writing how they were struggling privately with a deeply personal situation. This person told me they looked forward to the inspirational quotes I would often send out to team members. They said the quotes I sent them got them through some of their most challenging days. Another person on my team shared that by sending them the motivational quotes, it made them feel I was thinking about them in a positive way.

This experience taught me a valuable lesson about managing people. We often are unaware of what is happening in the lives of those we manage. Little did I know at the time, small acts of kindness like sending an inspirational quote to a team member would have such an impact on their mindset. The impact of these small motivational quotes communicated in writing was stronger than I ever imagined. It was a lesson I was fortunate to learn early in managing people. You must consistently feed your people positive energy to get positive results.
You are most welcome to download a complimentary copy of our 300+ Inspirational Quotes eBook: https://www.taxconnections.com/motivational-inspirations.
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Great News For Corporate Tax Leaders: IRS Approved E-File For Forms 720 And 8849

Don’t wait until the IRS mandates e-file for forms 720 and 8849. Act now to stay ahead of the game.

Visit and Contact us Today at https://akorefederal.com

Still, filing your Excise Tax Returns through paper? It’s time to switch to digital e-filing and eliminate paper returns. The IRS offers an e-filing option for excise tax forms 720 and 8849, and only Akore Federal Excise Tax E-File Software has the enterprise-level solution.

TaxConnections is excited to introduce AKORE Federal Tax Software by Richard Carrier (CEO):

  • IRS Authorized: Akore is the only e-file Provider with enterprise-level security for excise tax e-filing.
  • Top-rated Security: Backed by an AKORE Trust Document, ensuring critical security checks and reliability.
  • e-File 2024 Q3 and Q4: Get e-File ready now with introductory pricing through 12/31/24.

Flexible E-filing Solutions: Akore Federal provides an e-filing service tailored for everyone—individual tax experts, CPA firms handling hundreds of returns, and large corporate filers. No matter the volume, Akore has you covered.

Join the expanding number of companies utilizing Akore’s Federal e-Filing service to not only expedite your refunds and streamline your tax processes, but also to experience the peace of mind that comes with choosing certified, secure excise tax software. Akore’s existing clients are primarily large enterprises that demand professional support and trusted security certification.

Visit and Contact us Today at https://akorefederal.com

Understanding Beneficial Ownership Information (BOI) Reporting

Starting January 1, 2024, a crucial new mandate requires businesses to engage in beneficial ownership information reporting. The Financial Crimes Enforcement Network (FinCEN) now requires certain entities to disclose their beneficial owners to enhance transparency and combat illicit activities. This comprehensive guide will explain what beneficial ownership information is, how to determine beneficial ownership, reporting requirements, penalties for non-compliance, who needs to file a BOI report in 2024, and specific requirements for LLCs.

WHAT IS BENEFICIAL OWNERSHIP INFORMATION (BOI)?
Beneficial Ownership Information (BOI) refers to details about individuals who own or control a company. This information is essential for ensuring transparency and preventing the misuse of corporate structures for illicit activities such as money laundering and terrorism financing. BOI reporting is a key component of the Corporate Transparency Act, which aims to increase the accountability of business entities.

HOW TO DETERMINE BENEFICIAL OWNERSHIP?
A beneficial owner is an individual who owns at least 25% of a company or has substantial control over it. To determine beneficial ownership, consider the following steps:

Identify Individuals with Substantial Control: These include senior officers, key decision-makers, and individuals with significant influence over the company’s operations.
Assess Ownership Interests: Look at equity, stock, voting rights, capital or profit interests, and other mechanisms establishing ownership.
Calculate Ownership Percentages: Determine if individuals hold 25% or more of these interests.
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The Power Of Tax Bloggers: How To Build Trust With Prospective Clients

While we have been publishing and posting the blogs of our tax professional members for more than ten years, we have discovered the power of their content in attracting new clients. The number one characteristic a taxpayer looks for when hiring a tax advisor is someone they trust. How do you build trust with taxpayers and turn them into new clients? You write interesting content that draws in prospective taxpayer clients; and you have a wide distribution network for your written articles to appear in front of taxpayers interested in learning about a wide range of tax issues.

With more than ten million visits to www.taxconnections.com searching for a tax advisor, the requests are for varied types of tax expertise and come from taxpayers all over the country and world. We receive requests for referrals to our TaxConnections Members
(https://www.taxconnections.com/membership/sign-up) frequently; and we refer taxpayers and business owners to the most appropriate tax advisors supporting our tax platform. We also send blogs written by our members to taxpayers and organize all our members blogs under one link so prospective clients will learn more about each tax professional and their tax expertise. Here are a few examples:

Blake Christian: Tax Expertise In Opportunity Zones, Partnerships, Real Estate
https://www.taxconnections.com/Blake-Christian/12259995/United-States/California/California/profilepage
Read Blakes 58 Blogs From One Link:
https://www.taxconnections.com/taxblog/author/blake-christian/

Addison Henry: Collaborates With Insurance And Banking Company Executives, Investing In Federal Tax Credit To Lower Tax Liability
https://www.taxconnections.com/Addison-Henry/12275719/United-States/Louisiana/Lafayette/profilepage
Read Addison’s Blogs Discuss Lowering Federal Tax Liability
https://www.taxconnections.com/taxblog/author/addison-henry/
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Calculating Your Sales Tax Liability In The US: A Step-by-Step Guide For International Businesses

We all know that there will always be one surefire aspect to business – and that’s taxes. But the question then is: are you sure, wherever you operate as a business, that you know your tax liability? It can be a messy matter, especially if you’re an international business operating in the US. And that’s what we’ll be talking about here – this guide is specifically tailored to help foreign businesses understand the essential steps involved in calculating sales tax in the US.

Navigating the US tax system can be particularly challenging for international businesses. The US has a complex and varied approach to sales tax, which differs significantly from the VAT systems common in many other countries. For foreign companies, understanding these nuances is essential to ensure compliance, avoid penalties, and accurately calculate sales tax liabilities. So, whether you’re selling products or services in all, many, or a few states, determining the correct amount of sales tax to collect and remit will ensure you stay on the right side of tax authorities, and compliant as an international business in the US.

Understanding Sales Tax Rates – Explore the variability of sales tax rates across US states and localities with examples.
Finding the Correct Sales Tax Rate – Learn how to determine the correct sales tax rate by identifying the sale location and checking state and local rates.
The Sales Tax Calculation Formula – Discover the formula for calculating sales tax and see a practical example applied step-by-step.
Calculating Sales Price with Tax – Understand the methodology for determining a sales price that includes tax, with a detailed example.
Backward Sales Tax Calculation – Learn how to calculate the pre-tax sales price from a total price that includes sales tax.
State and Local Sales Tax Rates, 2024 – Get a breakdown of state and local tax rates for the year 2024.
Using Sales Tax Calculators – Find out how to leverage automated sales tax calculators for accuracy and compliance, with recommended tools and steps.

1. Understanding Sales Tax Rates
Sales tax rates in the United States vary widely across states and localities. Each state sets its own base sales tax rate, which can be supplemented by local taxes imposed by counties, cities, or special districts. For example, California has a state sales tax rate of 7.25%, but local jurisdictions can add their own rates, resulting in a total rate that can exceed 10% in some areas.

Note: Some states just have a state rate, while others include county or special assessment rates, resulting in a combined overall percentage.

2. Finding the Correct Sales Tax Rate
To determine the correct sales tax rate for your business:

Identify the location of the sale: This includes where the product is delivered or where the service is performed.
Check state and local tax rates: Use resources such as state tax authority websites or online databases to find current rates. Just to make things a little easier though, we’ve compiled the latest rates for you in a table a little further on – keep reading.
Apply the rate to your sale: Ensure that you use the combined state and local rate for the transaction’s location.

3. The Sales Tax Calculation Formula
Calculating sales tax involves a straightforward formula:

Sales Tax=Sales Price×Sales Tax Rate

Step-by-Step Guide
Determine the Sales Price: The price of the product or service before tax.
Identify the Sales Tax Rate: Use the correct combined state and local rate.
Multiply the Sales Price by the Sales Tax Rate: This gives you the amount of sales tax to collect.
Add the Sales Tax to the Sales Price: This gives you the total price that the customer pays.

4. Calculating Sales Price with Tax
Sometimes, you need to determine the sales price inclusive of tax, especially in retail settings where prices are displayed with tax included.

Note: In California, certain disclaimers like ‘we pay your sales tax’ mean the seller is choosing not to collect sales tax at the point of sale, but the tax is still due, representing a liability that needs to be considered.

Methodology
To find the total sales price with tax included:

Total Price=Sales Price×(1+Sales Tax Rate)

Example:

With a sales price of $100 and a tax rate of 8.875%:

Total Price=$100×(1+0.08875)=$100×1.08875=$108.88

5. Backward Sales Tax Calculation
In some scenarios, you might need to work backwards from a total price that includes sales tax to determine the original sales price and the amount of tax included.

To find the pre-tax sales price:

Example
If the total price paid is $108.88 and the sales tax rate is 8.875%:

These formulae and methodologies can be applied universally, regardless of the sales tax rate or the initial sales price, ensuring accurate calculations for both inclusive and exclusive tax scenarios.

6. State and Local Sales Tax Rates, 2024
A breakdown of average state, local and combined tax rates.

Remember, though, these percentages are subject to change on a regular basis. Always be tax-savvy – check these rates regularly to avoid unpleasant surprises at filing time.

Note: City, county and municipal rates vary. Local rates are weighted by population to compute an average local tax rate.
(a) Three states levy mandatory, statewide, local add-on sales taxes at the state level: California (1.25%), Utah (1.25%), and Virginia (1%). We include these in their state sales tax.
(b) The sales taxes in Hawaii, New Mexico, and South Dakota have broad bases that include many business-to-business services.
(c) Special taxes in local resort areas are not counted here.
(d) Salem County, N.J., is not subject to the statewide sales tax rate and collects a local rate of 3.3125%. New Jersey’s local score is represented as a negative.
Sources: Sales Tax Clearinghouse; Tax Foundation calculations; State Revenue Department websites.

Source: Tax Foundation

7. Using Sales Tax Calculators
Automated tools can significantly simplify the task of calculating sales tax, especially for businesses operating in multiple jurisdictions. These tools ensure compliance with varying tax rates and regulations across different locations. (We’ve been around long enough that some of our clients have done calculations manually…but those days are pretty far behind us!)

While automated sales tax calculators, such as those provided by Avalara, QuickBooks, and TaxJar, and through sales portals like Shopify offer robust solutions, human oversight is essential for accuracy. This is necessary to account for potential changes in tax laws and local regulations that automated systems might not immediately reflect. The human touch is vital, and that’s where Miles Consulting can help.

How to Use Sales Tax Calculators
Choose a Reliable Calculator:
Look for calculators provided by reputable sources such as tax authority websites, accounting software, and well-known online resources. It’s important to choose tools that are regularly updated to reflect the latest tax rates and rules.
Example calculators include those offered by state departments of revenue, accounting software like QuickBooks, and dedicated tax services like Avalara and TaxJar.
Input Sales Data:
Enter the sales price of the product or service.
Provide the necessary location details where the sale occurs (i.e.; if brick and mortar – then at the store; if in e-commerce, the “ship to” address). This includes the state, county, and city, as local tax rates can vary significantly.
Verify the Results:
After entering the data, review the results to ensure the calculator has applied the correct combined state and local tax rates.
Cross-reference with official tax rate information from state or local tax authority websites to confirm accuracy.
By leveraging these tools, businesses can streamline their sales tax calculation processes, reduce errors, and ensure compliance with tax regulations across multiple jurisdictions. However, always remember to periodically verify the accuracy of these tools and stay informed about changes in tax laws that may affect your business.

And we’ve said it before, but we’ll say it again, it’s always better to first consult with a human. Come to Miles Consulting Group – book a consultation, drop us a line, or send us an email at info@milesconsultinggroup.com.

Understanding Changing Tax Laws 2024

The 2024 tax season brings new legislation that affects businesses of all sizes. Let us provide key post-tax season insights into the recent legislative changes and how they impact different business structures. We’ll also guide accounting firms, CPAs, and tax preparers in identifying proactive tax planning strategies for the upcoming year.

Key Insights of Recent Legislative Changes

The 2024 tax season introduces legislative changes that demand attention from every accounting professional and tax preparer. Accountants & Advisors highlight several crucial updates to businesses. First off, the adjustments to tax brackets and bigger deductions for some business expenses are vital changes. These updates are designed to reduce the tax load on small to medium-sized businesses, helping them as part of wider efforts to boost the economy.

Furthermore, there’s a significant change in how capital gains are taxed, particularly for real estate transactions. This development is critical for firms that manage large real estate portfolios. The new rules can impact the tax liabilities of these businesses, so you must be prepared with strategic planning. Accountants and advisors recommend that you must thoroughly review these changes to make sure you make the most of any tax benefits and gather valuable post-tax season insights for future planning.
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