Financial Planning

Hit the jackpot? Tax bill

Hit the jackpot? Here’s what it means for your tax bill.
Hit the jackpot? Here’s what it means for your tax bill. 850 500 smolinlupinco

Everything comes at a cost—even “free money.” If you’ve won a sizable cash prize recently, congratulations! But be prepared. Your good fortune will likely impact your tax bill. Contacting your accountant or wealth advisor as soon as possible is probably in your best interest. 

Money earned from gambling 

Whether you win at a tiny bingo hall or a major casino, the tax rules are the same. 100% of your winnings must be reported as taxable income on the “Other income” line of your 1040 tax return. 


When it comes to reporting winnings for a particular wager, you’ll need to calculate your net gain. For example, if you bet $50 on the Super Bowl and win $140, you should report $90 of income rather than the full $140.

What about losses? They’re deductible, but only as itemized deductions. You can’t take the standard deduction and deduct gambling losses. Even so, they’re only deductible up to the amount of gambling winnings reported. In other words, losses can be used to “wipe out” gambling income, but your forms can’t report a gambling tax loss.

Still, it’s worth keeping a thorough record of your losses during the year. Hang onto any checks or credit slips and be sure to document the place, date, amount, and type of loss. It may also be helpful to keep track of the name of anyone who was with you. 

Note: If you’re a professional gambler, different rules apply. 

Lottery winnings

Did you know that lottery winnings are taxable? Hitting the jackpot is rare, but getting audited by the IRS for failing to follow tax rules after winning isn’t.

Winners are required to pay taxes on cash prizes and the fair market value of non-cash prizes, too, like vacations or cars. Your exact federal tax rate may vary, but it could be as high as 37% depending on the amount of your winnings and your other income. State income tax may also apply.

For non-cash prizes, you’ll need to report your winnings in the year the prize is received. If you take a cash prize in annual installments, you should report each year’s installment as income for the year you receive it. 

Winnings over $5,000

If you win over $5,000 from the lottery or certain types of gambling, 24% will be withheld for federal tax purposes. The payer (agency, casino, lottery, etc.) will send you and the IRS a Form W-2G listing the federal and state tax withheld and the amount paid to you. Hang onto this form for your records.

If a federal tax rate between 24% and 37% applies to you, the 24% withholding may not be enough to cover your federal tax bill. In this instance, you may need to make estimated tax payments. If you fail to do so, you could be assessed a penalty. You might be required to make state and local estimated tax payments, too. 

Since your federal tax rate can be up to 37%, which is well above the 24% withheld, the withholding may not be enough to cover your federal tax bill. Therefore, you may have to make estimated tax payments—and you may be assessed a penalty if you fail to do so. In addition, you may be required to make state and local estimated tax payments.

Questions? Smolin can help.

This article only covers the basic tax rules. Additional rules could apply in your situation. You may also have additional concerns after winning a large sum of money, such as updating your estate plan.

If you want to stay in compliance with tax requirements, minimize what you owe, and manage your winnings more effectively, we’re here to help. Contact us now. 

could you benefit health savings account

Could You Benefit from a Health Savings Account?
Could You Benefit from a Health Savings Account? 850 500 smolinlupinco

The cost of healthcare is rising. As a result, many people are on the hunt for a more cost-effective way to pay for their medical bills. 

If you’re eligible, a Health Savings Account (HSA) may offer a way to set aside funds for a future medical “rainy day” while also enjoying tax benefits, like: 

  • Withdrawals from the HSA to cover qualified medical expenses aren’t taxed
  • Earnings on the funds in the HSA aren’t taxed
  • Contributions made by your employer aren’t taxed to you
  • Contributions made by you are deductible within certain limits 

Who is eligible for an HSA? 

HSAs may be established by, or on behalf of, any eligible individual.

If you’re covered by a “high deductible health plan,” you may be eligible for an HSA. In 2023, a health plan with an annual deductible of at least $1,500 for self-only coverage or at least $3,000 for family coverage may be considered a high-deductible plan.

In 2024, these numbers will increase to $1,600 for self-only coverage and $3,200 for family coverage.

Deductible contributions are limited to $3,850 for self-only coverage in 2023 and $7,750 for family coverage. (Again, these numbers are set to increase in 2024 to $4,150 for self-only coverage and $8,300 for family coverage.)

Other than for premiums, annual out-of-pocket expenses required to be paid can’t exceed $7,500 for self-only coverage or $15,000 for family coverage in 2023. In 2024, these numbers will climb to $8,050 and $16,100, respectively. 

If an individual (or their covered spouse) is an eligible HSA contributor and turns 55 before the end of the year, they may make additional “catch-up” contributions for 2023 and 2024 up to $1,000 per year.  

Limits on deductions

Deductible contributions aren’t governed by the annual deductible of the high deductible health plan. You can deduct contributions to an HSA for the year up to the total of your monthly limitation for the months you were eligible. 

The monthly limitation on deductible contributions for someone with self-only coverage is 1/12 of $3,850 (or just over $320) in 2023. For an individual with family coverage, the monthly limitation on deductible contributions is 1/12 of $7,750 (or just under $646). 

At tax time, anyone eligible on the first day of the last month of the tax year will be treated as eligible for the entire year. This is relevant to computing the annual HSA contribution.

That said, if the individual is enrolled in Medicare, they’ll no longer be eligible per the HSA rules and can no longer make HSA contributions. 

Taxpayers may withdraw funds from an IRA and transfer them tax-free to an HSA—but only once. The amount allowed varies, depending on the maximum deductible HSA contribution for the type of coverage that is in effect at the time of transfer. 

The amount moved between the accounts will be excluded from gross income and thus won’t be subject to the early withdrawal penalty of 10%. 

HSA Distributions

Distributions from your HSA account that you use to pay for qualified medical expenses of those covered aren’t taxed. Typically, the qualified medical expenses in question would qualify for the medical expense itemized deduction.

However, funds withdrawn from your HSA for other reasons are taxed. Unless the person covered by the HSA is over 65, disabled, or dies, they will also be subject to an extra 20% tax. 

Questions? Smolin can help.

HSAs offer a very flexible option for providing health care coverage. However, as you can see, the rules can be quite complicated. 

If you have questions about tax rules regarding your HSA or the most favorable way to manage the funds within it, please reach out. The friendly accountants at Smolin are always happy to walk you through your options and help you determine the most tax favorable way to manage your money. 

Running business spouse Tax issues

Running a business with your spouse? Watch out for these tax issues.
Running a business with your spouse? Watch out for these tax issues. 850 500 smolinlupinco

For many spouses who run a profitable, unincorporated small business together, filing taxes can be confusing.

Here are some of the most common challenges to look out for.

Classification: the partnership issue

In many cases, the federal government classifies unincorporated businesses owned by two spouses as a partnership. This means you’ll need to file an annual partnership return on Form 1065.

In order to allocate the partnership’s taxable income, deductions, and credits, you and your spouse must also both be issued separate Schedule K-1s.

Once that paperwork is covered, you should also expect to complete additional compliance-related tasks. 

Calculating self-employment (SE) tax 

The government collects Medicare and Social Security taxes from self-employed people via self-employment (SE) tax.

This year, you should expect to owe 12.4% for Social Security tax on the first $160,200 of your income, as well as an additional 2.9% Medicare tax.

Beyond that $160,200 ceiling, you won’t owe additional Social Security tax. But the 2.9% Medicare tax component continues before increasing to 3.8%—thanks to the 0.9% additional Medicare tax—if the combined net SE income of a married couple that files jointly exceeds $250,000.

You must include a Schedule SE with your joint Form 1040 to calculate SE tax on your share of the net SE income passed through to you by your spousal partnership. In addition, you’ll need to submit a Schedule SE for your spouse to calculate their share of net SE income.

All in all, this can result in a larger SE tax bill than you might expect.

For example, say you and your spouse each have a net SE income of $150,000 ($300,000 total) in 2023 from your profitable 50/50 partnership business. The SE tax on your joint tax return is a whopping $45,900 ($150,000 x 15.3% x 2). That’s on top of regular federal income tax.

Potential tax saving solutions

Option 1: Minimize SE tax in a community property state via an IRS-approved method

IRS Revenue Procedure 2002-69 allows you to treat an unincorporated spousal business in a community property state as a sole proprietorship operated by one of the spouses for tax purposes.

This allocates all of the net SE income to one spouse, so that only the first $160,200 of net SE income from your business will be subject to the 12.4% Social Security tax.

This can dramatically reduce your SE tax bill.

Option 2: Make your business into an S-Corp that pays you and your spouse modest salaries as shareholder-employees

If you don’t live in a community property state, you still have options. By converting your business to an S-Corporation, you can lessen the amount of Social Security and Medicare taxes you’ll owe.

Only the salaries paid to you and your spouse will be hit by the Social Security and Medicare tax, collectively called FICA tax. From there, you can pay out most or all remaining corporate cash flow to yourselves as FICA-tax-free cash distributions. 

Option 3: End your partnership and hire your spouse as an employee

For some couples, running the operation as a sole proprietorship operated by one spouse may make more sense than continuing with a spousal partnership.

In this scenario, you’d hire your spouse as an employee of the proprietorship with a modest cash salary and withhold 7.65% of that salary to cover their share of the Social Security and Medicare taxes. The proprietorship must also pay 7.65% as the employer’s half of the taxes.

As long as the employee-spouse’s salary is modest, the FICA tax will also be modest.

With this strategy, you file only one Schedule SE with your joint tax return (for the spouse treated as the proprietor). A maximum of $160,200 (for 2023) will be exposed to the 12.4% Social Security portion of the SE tax.

Questions? Smolin can help.

If you’re looking for tax-saving strategies for your small business, contact Smolin. We’ll help you determine how to minimize compliance headaches and high SE bills so you can get back to running your business with less tax-induced stress.

How Investment Swings Affect Taxes

How This Year’s Investment Swings May Affect Your Taxes
How This Year’s Investment Swings May Affect Your Taxes 850 500 smolinlupinco

If you’ve noticed market fluctuations leading to significant gains or losses on your investments this year, you might be wondering how this will impact your 2023 tax returns.

It’s hard to say with complete certainty since nothing is decided until the final results of your trades at year’s end. However, you can still take measures to avoid tax surprises.

Here’s what you need to know. 

Retirement accounts: tax-favored and taxable accounts

Investment swings in tax-favored retirement accounts, such as 401(k)s, traditional IRAs, Roth IRAs, and SEP IRAs, have no immediate tax impact. Although your account balance is affected by market fluctuations, you won’t be taxed on that balance until you begin withdrawing money.

After you turn 59 ½, qualified withdrawals from your Roth IRA will be federal income tax-free.

What about taxable accounts?

Unrealized gains and losses won’t affect your tax bill. Cumulative gains and losses from trades executed during the year, however, will. 

Overall loss in 2023

If your losses for the year have outpaced your gains, you have a net capital loss. To determine the loss and apply it, take the following three steps.

  1. Divide your gains and losses into short-term gains and losses from investments held for one year or less and long-term gains and losses from investments held for more than one year.
    • You have a net short-term capital loss for the year if your short-term losses exceed your short- and long-term gains.
    • You have a net long-term capital loss for the year if your long-term losses exceed the total of your long- and short-term gains.
  2. Claim your allowable net capital loss deduction of up to $3,000 ($1,500 if you use married filing separate status).
  3. Carry over any remaining net short-term or long-term capital loss after Step 2 to next year, when it can be used to offset capital gains in 2024 and beyond.

Overall gain in 2023

If your gains for the year exceed your losses, congratulations! To calculate your net capital gain, do the following.

  • Divide your gains and losses into short-term gains and losses from investments held for one year or less and long-term gains and losses from investments held for more than one year.
    • If your short-term gains exceed the total of your short- and long-term losses, you have a net short-term capital gain for the year.
    • If your long-term gains exceed the total of your long- and short-term losses, you have a net long-term capital gain for the year.

Net long-term and short-term gain

Your regular federal income tax rate (which can be up to 37%) applies to net short-term capital gain. In addition, you may owe an additional 3.8% on net investment income tax (NIIT), as well as state income tax.

Net long-term capital gain (LTCG) is taxed at the lower federal capital gain tax rate of 0%, 15%, or 20%.

Most people pay 15%. If you’re a high-income individual, you’ll owe the maximum rate of 20% on the lesser of:

1) net LTCG

OR

2) the excess of taxable income, including any net LTCG, over the applicable threshold.

In 2023, the thresholds are: 

  • Married filing jointly: $553,850
  • Single filers: $492,300
  • Heads of household: $523,050

Again, you may also owe the NIIT and state income tax.

NIIT Impact

The 3.8% Net Investment Income Tax (NIIT) applies to the lesser of your net investment income, including capital gains, or the amount by which your modified adjusted gross income (MAGI) exceeds the following thresholds:

  • Married filing jointly: $250,000
  • Singles and heads of household: $200,000
  • Married filing separately: $125,000

Year-end is still months away

While these figures are helpful to avoid end-of-year sticker shock, your 2023 tax outcomes won’t be apparent until all of the gains and losses for the year’s trades are completed and added up. 

Have questions? Smolin can help. 

If you want a clearer picture of what to expect come tax time, we can help. Contact the friendly staff at Smolin to learn more.

Planning sell property How profits taxed

Planning to sell your property? Here’s how your profits could be taxed.
Planning to sell your property? Here’s how your profits could be taxed. 850 500 smolinlupinco

Across the United States, home values have risen dramatically over the last few years. The median price of existing home sales increased 1.9% between July 2022 and July 2023, and there were even larger increases in previous years.

While the upward trend appears universal, median home prices have varied by region:

Northeast: $467,000
Midwest: $304,600
South: $366,200
West: $610,500

If you hope to take advantage of these higher home sales pricetags by putting your house on the market, educate yourself about the tax planning implications first. You could be responsible for capital gains tax and Net Investment Income Tax (NIIT). 

A large chunk of your profits could be protected

If the house you plan to sell is your primary residence, some or all of the profit may be tax-free. Single filers can exclude $250,000 (or twice that for joint filers), but must meet certain requirements first: 

  • The seller must have owned the home for at least two of the five years leading up to the sale
  • The property must have been the seller’s principal residence for two or more years out of the last five

While these time periods don’t necessarily have to overlap to be eligible for the exclusion, they may.

Worth noting is the fact that homeowners may only use this exclusion once every two years. If you’re moving around more frequently than that, you won’t be able to claim it every time.

What happens to profits above the exclusion amount? 

What happens if the sale of your home generates more than $250,000 or $500,000 in profit? 

Providing you’ve owned the home for a year or longer, any cash exceeding these baseline amounts will be taxed at your long-term capital gains rate.

If you’ve owned the home for at least a year, the cash amount in excess of these baselines will likely be taxed at your long-term capital gains rate. If you acquired your house more recently, the profit will be deemed a short-term gain and subject to your ordinary income rate, which could double or even triple your long-term rate.

If the house you’re selling isn’t your primary residence (i.e. it’s a vacation home), the sale may not be eligible for the capital gains exclusion. However, it’s important to ask your accountant.

If you own more than one home and rent them out, they may be considered business assets. If so, this would allow you to defer tax or any gains through an installment sale or a Section 1031 like-kind exchange. You could potentially deduct a loss, as well—something you can’t do on the sale of a principal residence.

How does the 3.8% NIIT apply to home sales? 

The 3.8% Net Investment Income Tax (NIIT) generally doesn’t apply to capital gains from the sale of your main home, up to the exclusion limits of $250,000 for single filers and $500,000 for married couples filing jointly.

Still, if your modified adjusted gross income (MAGI) exceeds the amounts below, gains beyond the exclusion limit may be subject to the tax:

  • Married taxpayers filing jointly: $250,000
  • Surviving spouses: $250,000
  • Married taxpayers filing separately: $125,000
  • Unmarried taxpayers and heads of household: $200,000

The gain from the sale of a vacation home or other second residence that does not qualify for the main home exclusion is also subject to the NIIT tax. 

Two additional factors to consider

1. The actual value of your home once all factors are considered

Keep thorough records to support an accurate tax basis. Include documentation of your original cost, home improvements, casualty losses, and depreciation claimed for business use. 

2. Losses (generally) aren’t deductible

If you unfortunately fail to turn a profit on selling your principal resident, it generally isn’t deductible.

However, if you rent a portion of your home out or use it exclusively for business, any loss attributed to that portion of the home could be deductible. 

Clearly, taxes can vary between sales. Depending on your income and the profit of your home sale, some of all of the gain could be tax-free. However, higher-income homeowners with more expensive homes might be looking at a hefty, postsale tax bill. 

Have questions? Smolin can help 

If you’re considering selling your house, it pays to be prepared. To learn more about the tax impacts you may be facing, contact our knowledgeable team at Smolin for personalized advice.  

New Report Identifies High Risk Areas Financial Reporting

Don’t Get Caught Off Guard: New Report Identifies High-Risk Areas for Financial Reporting
Don’t Get Caught Off Guard: New Report Identifies High-Risk Areas for Financial Reporting 850 500 smolinlupinco

In July, the Public Company Accounting Oversight Board (PCAOB) published a report highlighting opportunities for improvement when it comes to audits for public companies. 

As private companies experience challenges similar to those of public companies when reporting their financial outcomes, this report may also be useful for internal accounting personnel and external auditors in pinpointing high-risk reporting areas that require extra scrutiny. 

Previous data

The PCAOB examined sections of public companies’ financial statement audits and published those findings in the recent PCAOB Spotlight report, Staff Update and Preview of 2022 Inspection Observations. Several of the discrepancies for 2022 stem from intrinsically complex areas with higher risks of material misstatement. 

The seven most noteworthy statement deficiency areas were: 

  1. Revenue and related accounts
  2. Inventory
  3. Information technology
  4. Business combinations
  5. Long-lived assets
  6. Goodwill and intangible assets
  7. Allowances for loan and lease losses

Auditors should take advantage of this information to outline and perform more effective audits. 

Meanwhile, in-house accounting personnel and managers can leverage these findings to increase the accuracy of financial reporting, reduce the necessity of audit adjustments, and streamline engagement with external auditors.  

Concerns over crypto transactions

Cryptocurrency transactions stand out as an area of particular concern in the PCAOB report.

These transactions may involve:

  • Investing in cryptocurrency
  • Selling or purchasing cryptocurrency in exchange for U.S. dollars
  • Mining crypto in exchange for a “reward” or other payment 
  • Trading cryptocurrency assets 
  • Selling goods or services for cryptocurrency 
  • Purchasing services and goods with cryptocurrency 

Material digital asset holdings and engaging in significant activity related to digital assets create unique audit risks for companies, as demonstrated by the collapse of FTX. 

These risks may be attributed to a lack of transparency regarding the parties engaging in the transactions, as well as the purpose of them. High levels of volatility, fraud, theft, market manipulation, and legal uncertainties also play a role.

To mitigate these risks as much as possible, the PCAOB encourages using specialists and technology-based auditing tools in certain scenarios. 

Key takeaways

Both private and public companies are encouraged to take proactive measures to keep financial reports transparent and accurate, such as: 

  • Ramping up internal audit procedures in the high-risk areas identified by the report
  • Increasing management review and staff supervision 
  • Providing accounting personnel with additional training 

Companies should anticipate that external auditors will want to hone in on these areas and prepare for this by providing extra documentation to back up account balances, reporting procedures, and accounting estimates for high-risk items. 

Have Questions? Smolin can help.

If you need help navigating high-risk audit items or determining how the PCAOB findings may affect your company’s audit process, we’re here for you. Contact the team at Smolin to learn more.

Tax Consequences Employer-Provided Life Insurance

The Tax Consequences of Employer-Provided Life Insurance
The Tax Consequences of Employer-Provided Life Insurance 850 500 smolinlupinco

When considering whether to accept your current position, you probably viewed employer-provided life insurance as a perk. If your benefits package includes group term life insurance with coverage above $50,000, though, you could feel differently come tax time. 

Invisible “income,” higher taxes

The IRS doesn’t include employer-provided life group term life insurance coverage up to $50,000 in your taxable income, and won’t increase your income tax liability. If your policy exceeds $50,000, though, the employer-paid cost is included in the taxable wages reported on your Form W-2.

This is called “phantom income.” You may not see the funds in your bank account, yet they’ll come back to haunt you nonetheless. 


For tax purposes, the cost of group term life insurance is set by a table prepared by the IRS. Even if your employer’s actual cost is lower than what’s listed on the table, your taxable income is determined by the one pre-established in the table. As a result, the amount of phantom income an older employee could be taxed for, is often higher than that which they’d pay for similar coverage under an individual term policy.

As an employee ages and their compensation increases accordingly, this tax trap worsens. 

Is your tax burden higher due to employer-paid life insurance?

If you’re concerned that the cost of employer-provided group term life insurance could be impacting your taxes, look at Box 12 of your W-2 (With code “C”). Does a specific dollar amount appear?

If so, that dollar amount indicates your employer’s cost for group term life insurance coverage you receive in excess of $50,000, less any amount you paid for the coverage. You’ll be liable for local, state, and federal taxes on the figure seen here, as well as any associated Social Security and Medicare taxes. 

Of course, the amount in Box 12 is already included as part of your total “Wages, tips and other compensation” in Box 1 of the W-2. It’s also the Box 1 amount reported on your tax return.

Tax-saving alternatives 

Is the ultimate tax cost disproportionate to the benefits you’re receiving? If so, ask your employer whether they have a “carve-out” plan (a plan that excludes selected employees from group term coverage). If they don’t, ask whether they’d be willing to create one. After all, some of your coworkers may be interested in opting-out, too!

Carve-out plans can be quite flexible. Here are two ways one could work in your favor for tax purposes: 

  • Your employer could continue providing you with $50,000 of group term insurance (which won’t count towards your taxable income). Then, they could provide you with an individual policy for the rest of the coverage.
  • Your employer could provide the funds they’d spend on the excess coverage as a cash bonus, which you could then use to pay the premium for an individual policy. 

If you or your employer have questions about how group term coverage impacts employees’ tax bills, we can help! 

Have questions? Smolin can help

Contact the team at Smolin to learn how you can make the most of employer provided benefits﹘without suffering unnecessary tax penalties. 

Overhead allocations: Increasing costs require fresh approach

Overhead allocations: Dealing with increasing costs requires a disciplined mindset and a fresh approach
Overhead allocations: Dealing with increasing costs requires a disciplined mindset and a fresh approach 850 500 smolinlupinco

In the last few years, many overhead costs—like utilities, insurance, interest expense, and executive salaries—have skyrocketed, causing some companies to pass along some of the burden to customers by charging higher prices for their goods and services. 

If you’re feeling the squeeze from these increases, you might be asking yourself if upping your prices is the right move for your business.

Before raising your rates, it’s essential to understand how to allocate indirect costs to your goods or services. Correct cost allocation is critical to evaluating product and service line profitability, which helps you make informed pricing choices for your business.

Define your overhead costs

All businesses face overhead costs. These accounts typically act as catch-alls for any expense that cannot be directly allocated to production. 

Some examples of overhead costs are:

  • Interest expense
  • Taxes
  • Insurance
  • Utilities
  • Equipment maintenance and depreciation
  • Rent and building maintenance
  • Administrative and executive salaries

Generally speaking, your indirect production costs are fixed over the short term, so they won’t change appreciably whether your production increases or decreases.

Calculate your overhead rates

Determining how to allocate these costs to products using an overhead rate is where the challenge comes in. Your overhead rate is generally determined by dividing estimated overhead costs by the estimated totals in the allocation base for a future time period.

Once this is done, multiply your rate by the actual number of direct labor hours for each product to determine the amount of overhead that should be applied. 

For some organizations, this rate is applied across all products produced by the company. While this strategy may be appropriate for a company that makes one standard product for an extended period, it may not be suitable for other types of companies.

If your range of products is more complex and customized, you might want to use multiple overhead rates to allocate your expenses more accurately.

For example, If one of your departments is labor-intensive and another is machine-intensive, setting multiple rates may be the best choice for your business.

Dealing with variances

One issue with accounting for overhead costs is that variances from actual costs are almost always inevitable. If you’re using a simple organization-wide overhead rate, you’re likely to have more variance. With that said, even the most meticulously devised multiple-rate strategies won’t always come in with 100% accuracy.

This can result in large accounts needing constant adjustment, causing some managers to have to deal with complex issues they may not fully understand. 

A situation like this leaves organizations open to dealing with human error or fraud. Luckily, you can drastically limit the chance of overhead mistakes with these four internal control procedures:

  • Address complaints about high product costs with non-accounting managers
  • Evaluate your current overhead allocation and make adjustments as needed
  • Conduct independent reviews of all adjustments to your overhead and inventory accounts
  • Study impactful overhead adjustments over different periods of time to discover anomalies and issues

Have questions? Smolin can help 

While cost accounting can be a challenging process for any manager, you don’t have to deal with it alone. Call the knowledgeable professionals at Smolin, and we’ll help you apply a comprehensive approach to estimating overhead rates and adjusting them when needed.

Corporate officers, shareholders: Expenses paid personally

Corporate officers or shareholders: How should you treat expenses paid personally?
Corporate officers or shareholders: How should you treat expenses paid personally? 850 500 smolinlupinco

If you play a major role in a closely held corporation, you might occasionally spend personal funds on corporate expenses. Unless you take the necessary steps, these expenses could end up being nondeductible by either an officer or the corporation. This issue is more likely to occur with a financially troubled corporation.

What can’t you deduct?

Generally speaking, you’re not allowed to deduct an expense incurred on behalf of your corporation, even if it’s a legitimate “trade or business” expense, even if the corporation is struggling financially.

This is because taxpayers are only allowed to deduct expenses that are their own. Since your corporation’s legal status as a separate entity must be respected, its costs aren’t yours and can’t be deducted even if you pay them.

To further complicate matters, the corporation typically won’t be able to deduct these expenses because it didn’t pay them on its own. 

It’s important to note that it should be a practice of your corporation’s major shareholders or officers to not cover corporate expenses.

Which expenses may be deductible?

Alternatively, suppose a corporate executive incurs expenses that relate to an essential part of their duties as an executive. In that case, they may be deductible as ordinary or necessary expenses related to the “trade or business” of being an executive.

Suppose you want to create an arrangement that provides payments to you and safeguards their deductibility. In that case, a provision should be included in your employment contract with the corporation explicitly outlining the expenses that are part of your duties and authorizing you to incur them.

An excellent example of this kind of agreement would be out-of-town business conferences on the corporation’s behalf, where you would spend personal funds to do your work.

What’s the best alternative?

To avoid the complete loss of any deductions by the corporation or yourself, you should create an arrangement in which the corporation reimburses you for any relevant expenses you incur.

Provide receipts to the corporation and use an expense reimbursement claim form or system so that your corporation can deduct the amount of money they’ve reimbursed you.

Have questions? Smolin can help

If you want to know more about how to set up reimbursement arrangements at your corporation, or you have questions about deductible business costs, contact our professional team at Smolin, and we’ll walk you through the process.

Reporting Non-GAAP Measures
Reporting Non-GAAP Measures 1275 750 smolinlupinco

Generally Accepted Accounting Principles (GAAP) is commonly known as the benchmark for financial reporting in the United States. However, both public and private entities occasionally use non-GAAP metrics in their press releases and disclosures or when seeking financing.

GAAP vs. Non-GAAP

GAAP comprises a framework of rules and procedures that accountants typically follow to record and summarize business transactions. These guidelines establish the basis for consistent, accurate, and fair financial reporting. While private companies are not generally obligated to comply with GAAP, many choose to do so. Public companies, on the other hand, have no choice—they’re required by the Securities and Exchange Commission to follow GAAP. 

The use of non-GAAP measures has grown over the years, and some executives and investors maintain that certain unaudited figures provide a more meaningful representation of financial performance compared to customary earnings figures reported under the GAAP. With that said, it’s crucial to understand what’s included and excluded to avoid making misinformed investment decisions.

Spotlight on EBITDA

One prominent example of a non-GAAP metric is earnings before interest, taxes, depreciation, and amortization (EBITDA). This metric was created in the 1970s to help investors assist in forecasting a company’s long-term profitability and cash flow. EBITDA is considered one of the most valuable benchmarks investors use when evaluating a company that is being bought or sold. 

Unfortunately, some companies manipulate EBITDA figures by omitting certain costs, such as stock or options-based compensation, which are undeniably a cost of doing business. This practice has made it difficult for investors and lenders to make accurate comparisons and understand the items that have been removed.

Last year, the Financial Accounting Standards Board (FASB) added a project to its research agenda to explore the standardization of key performance indicators (KPIs) within the existing regulatory framework, including the development of a standardized definition for EBITDA. During a March meeting of the Financial Accounting Standards Advisory Council, senior accountants assessed the feasibility of establishing a GAAP definition of EBITDA for use as either a one-size-fits-all formula or as a starting point for companies to make adjustments based on their specific business requirements.

For instance, a company might tailor its EBITDA calculation to align with the definition specified in its loan agreements. Any modifications to EBITDA would need to be transparently disclosed in the company’s footnotes.

Adopt a balanced approach

Many organizations opt to report EBITDA and other non-GAAP metrics to help stakeholders and investors make better-informed choices. However, it is crucial for these entities to avoid making assertions that could potentially mislead investors and lenders. 

Have questions? Smolin can help

If you’re unsure of how the regulations on reporting non-GAAP measures will affect your business, or if you want to know more about which reporting style works best for you, contact our team of professionals at Smolin and let us walk you through the ins and outs of these rules.

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