Tax

Beginning in January 2022, companies looking to claim a refund under IRS Section 41 – better known as the federal Research and Development tax credit – will now have to supply more documentation. Outlined in Office of Chief Counsel Memorandum – 20214101F the extra information, which must be submitted with the annual tax return, is expected to help process R&D credit refunds faster and more efficiently.  Now that the IRS has issued guidance for the new requirements, businesses claiming the credit can work closely with providers to ensure the proper documentation is submitted.

On October 28, 2021, the IRS announced a new fee for executors seeking an estate tax closing letter. An estate tax closing letter specifies the estate tax amount and any generation-skipping transfer tax due. Additionally, it serves as an official certification the estate has been closed and all relevant taxes have been paid. Due to budget constraints and a high volume of estate tax return filings, the letter will now cost filers $67. While this is a nominal fee it represents the estimated direct and indirect costs of managing the totality of letter requests.  Executors, trustees, and other authorized representatives of an estate will need to follow these new requirements when requesting an estate tax closing letter.

Atlanta Employers with tipped employees on the payroll must be mindful of minimum wage requirements which can become complicated when an employee’s job consists of multiple duties. The Department of Labor (DOL) 80/20 rule provides compliance requirements that businesses must follow in such situations. As of December 28, 2021, the rules changed which will now require organizations to pay careful attention to the type and duration of work performed by certain employees. This change will force affected businesses to review and adjust policies to ensure compliance with the new rules.

The chaotic situation which followed the arrival of the pandemic created significant financial challenges for many Atlanta businesses. The variety of government orders combined with public concern about transmission changed the business landscape virtually overnight. The shift meant many businesses needed new and immediate capital infusions to make it through the transition. The Employee Retention Tax Credit (ERC) which was implemented as part of the CARES Act was one of several programs designed to help. Along with other federal relief programs, many were saved from financial uncertainty.

The abrupt arrival of the pandemic in Georgia required state and local governments to issue several orders to reduce the potential for virus exposure and transmission. These changes forced many businesses to consider alternate service models to operate within the new guidelines. Concurrently, stay-at-home orders resulted in a sharp decline in demand creating an additional problem for struggling businesses. Not only were business owners placed in a peculiar predicament, but so were government organizations.

Cryptocurrency is a high-risk investment option sought after by many institutional and individual investors (including Elon Musk). The risk profile is driven by the fact the digital currency is intangible, not insured by a federal institution, and is traded on non-regulated stock markets. Despite these obvious issues, cryptocurrency investments in Bitcoin, Ethereum, and others have reached a market cap of $2.57T. The acceptance of cryptocurrency as a payment option by Philipp Plein, Shopify, Whole Foods, Microsoft, AT&T, and Etsy has only increased its popularity.

During the closing months of the year, many Atlanta individuals look for opportunities to reduce federal income taxes. It is a common practice to review both federal and state tax credits and deductions to identify where opportunities may exist. In fact, 2021 appears to be the last year to leverage many of the now-expired federal COVID-19 tax credit programs. Despite the options, many taxpayers reduce taxes simply by contributing to a tax-deferred retirement plan such as a 401(k), 403(b), 457, or a Thrift Savings Plan. Often increasing the elective deferral amount and accelerating contributions at year-end can go a long way towards tax planning goals. However, it is necessary to be aware of the annual contribution maximums.

The Research & Development (R&D) tax credit helps Atlanta and Georgia companies offset the cost of qualifying research and experimental activities with a dollar-for-dollar federal credit worth anywhere between 6 and 20 percent, depending on the calculation method and circumstances. It is a valuable tax planning tool that reduces federal income tax liability, improves cash flow, and encourages further investment in technological advances. Each year, the IRS reviews thousands of R&D tax credit claims worth millions of dollars.

The Biden Administration has undertaken several new legislative initiatives since the start of the year. This included several economic revitalization programs introduced as part of the American Rescue Plan Act (ARPA). As the effects of the pandemic continue to dwindle, the White House is focusing on passing comprehensive legislation that creates jobs, cuts taxes, and reduces expenses for working families. Specific investments in healthcare, childcare, higher education, and workforce training will also be made. Formally known as the Build Back Better Act, it will be paid for by increasing taxes on corporations and individuals while modifying federal tax incentive programs. Although currently under review, it is expected to be taken up for a formal vote before the end of September.

COVID-19 may not have been unexpected in 2021, but it continued to shape the year for almost everyone. To incentivize employers to offer paid time off for affected employees, legislation in March 2020 provided tax credits for paid sick and family leave. In the first six to eight months, it’s estimated that six to eight million U.S. workers took advantage of the expanded leave if they were unable to work or telework. Now, the IRS has issued detailed reporting guidance for employers that offered paid sick, and family leave this year. Since the period for offering paid leave is coming to an end on September 30, 2021, Atlanta businesses have time to calculate accurate reporting data and begin preparing W-2s to be issued in January of next year.