BEWARE. THE IRS CONTINUES TO FOCUS THEIR AUDIT
ACTIVITIES ON KEY SMALL BUSINESS AREAS
The wise business owner is well advised to be able to defend the following five areas to keep the IRS at a comfortable distance:
- Business or hobby? Be
ready to provide proof your business is truly a business and not a hobby. Those
who fail in the eyes of the IRS can have their expense deductions severely
limited, while still required to report the income. Make sure you can answer
and provide documentation for these four questions:
- What is your profit motive?
- Are you an active participant in the business?
- Are you conducting the activity in a business-like manner?
- What expertise do you have in the service or products your
business provides?
- Reasonable shareholder salary. S
corporations are in the unique situation where some compensation is excluded
from payroll taxes. Many businesses take this too far. The IRS is looking
closely at businesses who avoid paying a reasonable salary in order to lower
their Social Security and Medicare bills. When determining salaries for
shareholders, consider their experience, duties, responsibilities and time
devoted to the business. Once you have a picture of their ongoing contributions
to the business, research comparable positions and salary ranges to pinpoint a
fair salary. Save your findings and calculations as backup to provide in the
event of an audit.
- Contractors or employees? Make
sure consultants and other suppliers are not employees in disguise. The IRS
looks at how much control you have over the work being done – the more control
you exert the higher likelihood you may have an employee versus a contractor.
Penalties can be very steep if the IRS decides your consultant is really your
employee. If in doubt, ask for a review.
- Expenses for meals and
entertainment. The IRS is now disallowing any entertainment deductions,
even if there is business conducted before or after the event. That means
business meal documentation is now more important than ever and should include
receipts, who attended the meal, and the business purpose of the meal. Bringing
food in for business lunches rather than going out is a safe way to show
business intent. If you have an event with both entertainment and food
included, get two receipts – one for the entertainment and one for the food.
- File your Forms W-2 and Forms
1099. Don’t forget to file all required 1099s and W-2s. Most of
them are due on or before Jan. 31. The IRS is penalty crazy in this area with
up to $270 per missing or incorrect form.
Knowing what the IRS is looking for helps you prepare should it turn its focus to your business.
https://taxvid.resourcesforclients.com/bmKxgv5CEANN/96-130