With the tax year ending on December 31, there is still time to make some financial moves that can decrease your tax obligation for this fiscal year. Don’t assume you’re making too many deductions.
If
your business deductions exceed your business income, you have a tax loss for
the year. With a few modifications to the loss, tax law calls this a “net
operating loss,” or NOL. If you are just starting your business, you could very
possibly have an NOL. You could have a loss year even with an ongoing,
successful business.
You
used to be able to carry back your NOL two years and get immediate tax refunds
from prior years; however, the Tax Cuts and Jobs Act (TCJA) eliminated this
provision. Now, you can only carry your NOL forward, and it can only offset up
to 80 percent of your taxable income in any one future year.
What does all this mean? You should never stop documenting your deductions, and you should always claim all your rightful deductions. We have spoken with far too many business owners, especially new owners, who don’t claim all their deductions when those deductions would produce a tax loss.
So, with that in mind, here are five powerful business tax-deduction strategies that you can easily understand and implement before the end of 2019.
Prepay Expenses Using the IRS Safe Harbor
You
just have to thank the IRS for its tax-deduction safe harbors. IRS regulations
contain a safe-harbor rule that allows cash-basis taxpayers to prepay and
deduct qualifying expenses up to 12 months in advance without challenge,
adjustment, or change by the IRS.
Under
this safe harbor, your 2019 prepayments cannot go into 2021. This makes sense,
because you can prepay only 12 months of qualifying expenses under the
safe-harbor rule. For a cash-basis taxpayer, qualifying expenses include lease
payments on business vehicles, rent payments on offices and machinery, and
business and malpractice insurance premiums.
Example. You pay $3,000 a
month in rent and would like a $36,000 deduction this year. So on Tuesday,
December 31, 2019, you mail a rent check for $36,000 to cover all of your 2020
rent. Your landlord does not receive the payment in the mail until Thursday,
January 2, 2020. Here are the results:
- You deduct $36,000 in 2019 (the year you paid the money).
- The landlord reports $36,000 in 2020 (the year he received
the money).
You
get what you want—the deduction this year. The landlord gets what he wants—next
year’s entire rent in advance, eliminating any collection problems while
keeping the rent taxable in the year he expects it to be taxable. Don’t
surprise your landlord: if he had received the $36,000 of rent paid in advance
in 2019, he would have had to pay taxes on the rent money in tax year 2019.
Buy Office Equipment
With
bonus depreciation now at 100 percent along with increased limits for Section
179 expensing, buy your equipment or machinery and place it in service before
December 31, and get a deduction for 100 percent of the cost in 2019.
Qualifying
bonus depreciation and Section 179 purchases include new and used personal
property such as machinery, equipment, computers, desks, chairs, and other
furniture (and certain qualifying vehicles).
Use Your Credit Cards
If
you are a single-member LLC or sole proprietor filing Schedule C for your
business, the day you charge a purchase to your business or personal credit
card is the day you deduct the expense. Therefore, as a Schedule C taxpayer,
you should consider using your credit card for last-minute purchases of office
supplies and other business necessities.
If
you operate your business as a corporation, and if the corporation has a credit
card in the corporate name, the same rule applies: the date of charge is the
date of deduction for the corporation.
But
if you operate your business as a corporation and you are the personal owner of
the credit card, the corporation must reimburse you if you want the corporation
to realize the tax deduction, and that happens on the date of reimbursement.
Thus, submit your expense report and have your corporation make its
reimbursements to you before midnight on December 31.
Put Your Personal Vehicle in Business Service
Lawmakers
reinstated 100 percent bonus depreciation, and that creates an effective
strategy that costs you nothing but can produce solid deductions.
Are you (or your spouse) driving a personal SUV, crossover vehicle, or pickup truck with a gross vehicle weight rating (GVWR) greater than 6,000 pounds? Would you like to increase your tax deductions for this year? If so, place that personal vehicle in business service this year.
Buy a New or Used SUV, Crossover, Van, or Pickup
Here’s
an easy question: Do you need more 2019 tax deductions? If yes, continue on.
Next
easy question: do you need a replacement business vehicle?
If
yes, you can simultaneously solve or mitigate both the first problem (needing
more deductions) and the second problem (needing a replacement vehicle), but
you need to get your vehicle in service on or before December 31, 2019.
To
ensure compliance with the “placed in service” rule, drive the vehicle at least
one business mile on or before December 31, 2019. In other words, you want to
both own and drive the vehicle to ensure that it qualifies for the big
deductions.
Now that you have the basics, let’s get to the tax deductions.
Let’s
say that on or before December 31, 2019, you or your corporation buys and
places in service a new or used SUV or crossover vehicle that the
manufacturer classifies as a truck and that has a GVWR of 6,001 pounds or more.
This newly purchased vehicle can qualify for one or more of the following four
big benefits:
- Bonus depreciation of 100 percent (thanks to the TCJA)
- Select Sec6tion 179
expensing of up to $25,500
- MACRS depreciation
using the five-year table
- No luxury limits on
vehicle depreciation deductions
Example. On or before December 31, 2019, you buy and place in service a qualifying used $50,000 SUV for which you can claim 90 percent business use. Your business cost is $45,000 (90 percent x $50,000). Your maximum write-off for 2019 is $45,000.
If you or your corporation buys and places in service a qualifying pickup truck (new or used) on or before December 31, 2019, then this newly purchased vehicle can qualify for one or more of the following four big benefits:
- Bonus depreciation of up to 100 percent
- Section 179 expensing
of up to $1,020,000
- MACRS depreciation
using the five-year table
- No luxury limits on
vehicle depreciation deductions
To
qualify for full Section 179 expensing, the pickup truck must have
- a GVWR of more than 6,000 pounds, and
- a cargo area (commonly called a “bed”) of at least six feet
in interior length that is not easily accessible from the passenger
compartment.
Short bed. If the pickup truck
passes the more-than-6,000-pound-GVWR test but fails the bed-length test, tax
law classifies it as an SUV. That’s not bad. The vehicle is still eligible for
either expensing of up to the $25,500 SUV expensing limit or 100 percent bonus
depreciation.
Patrick “PJ” Best is one of the areas foremost Tax Resolution Attorneys. He has been representing taxpayers who owe the IRS, but simply cannot afford to pay. Attorney Best is known for exceptional customer service and his “24 Hour Returned Phone Call Guarantee” which has resulted in being named as a “Top 10 Best Bankruptcy Lawyers in Pennsylvania for Customer Service” by the American Institute of Bankruptcy Attorneys.