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  • Noelle Merwin
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Before You Donate: Know the Tax Rules
Before You Donate: Know the Tax Rules 266 266 Noelle Merwin

Have you already made contributions to charity this year? Are you considering making more between now and year end? If so, it’s important to be familiar with the tax rules for different types of donations so you can maximize your tax benefit or at least avoid finding out at tax filing time that your charitable deductions are smaller than you expected.

For example, be aware that a new limit goes into effect this year: a 0.5% floor on the charitable deduction for itemizers. This generally means that only charitable donations in excess of 0.5% of your adjusted gross income (AGI) will be deductible if you itemize deductions. So, if your AGI is $100,000, your first $500 of charitable donations for the year won’t be deductible.

Let’s take a look at some of the other significant rules, limits and changes affecting different types of donations.

Giving cash

When you make a cash or cash-equivalent contribution to a qualified charitable organization, if you don’t itemize deductions, you can claim the new charitable deduction for nonitemizers of up to $1,000 ($2,000 for married couples filing jointly). Only cash donations qualify.

If you do itemize deductions, you can generally deduct the full amount of cash contributions once you’ve surpassed the new 0.5% floor. But, your annual deduction is generally limited to 60% of your AGI. Any excess may be carried forward for up to five years.

Be aware that the IRS imposes strict recordkeeping rules for cash contributions. For instance, for cash donations of $250 or more, you must obtain a contemporaneous written acknowledgment from the charity before filing your income tax return.

Donating property

Several special rules apply to charitable gifts of property. For starters, property donations are subject to lower annual deduction limits (which we’ll detail shortly).

On the plus side, there’s a big tax break if you donate certain appreciated property you’ve held longer than one year that would have qualified for long-term capital gains rates had you sold it instead of donating it. In this case, you can deduct the property’s current fair market value. Thus, any appreciation in value while you owned the property will be untaxed. Examples of eligible property include publicly traded securities and mutual funds. However, your annual deduction for such donations is typically limited to 30% of AGI.

For tangible property, how the charity uses the property may affect the amount of your deduction. For example, if you donate a car, unless it’s being used by the charity to further its charitable mission (such as a social services charity using a van to deliver meals to the elderly), you generally may deduct only the amount the charity receives when it sells the vehicle. But a 50% of AGI limit typically applies to deductions for donations where you can’t deduct the fair market value, rather than the 30% limit.

These are just a few examples of rules that apply to deductions for property donations. Contact us to find out the rules for specific property you’re considering giving to charity.

Making quid pro quo contributions

Generally, if you receive a benefit in return for making a donation, your deduction amount is reduced. For such a “quid pro quo contribution,” the charity must provide a good-faith estimate of the goods and services you received. You can deduct the difference between the amount you donated and the value of the benefit you received — nothing more.

For example, let’s say you attend a fundraising dinner cruise costing $300. If the charity values the meal and boat ride at $100 per person, your deduction is limited to $200. However, most low-cost items and nominal gifts, like coffee mugs or pens featuring the charity’s logo, don’t have to be subtracted from your deduction.

Volunteering

You can’t deduct the value of the time you spend helping a charity. But you can write off related out-of-pocket expenses, such as supplies and mileage, if you itemize deductions. The deductible mileage rate for charitable miles driven is 14 cents per mile.

Travel and lodging expenses can qualify, such as if you attend a convention as a delegate for the charity. However, travel expenses can’t be deducted if the trip is merely a disguised vacation.

Achieving your goals

If you itemize deductions, charitable donations can be a powerful tax-saving tool. But, as you can see, there’s much to consider as you plan your giving for the rest of the year. We can answer your questions and help you create a charitable giving strategy for the remainder of 2026 that aligns with your philanthropic and tax goals.

  • Noelle Merwin
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IRS Provides Gift Tax Filing Relief for Certain Trump Account Contributions
IRS Provides Gift Tax Filing Relief for Certain Trump Account Contributions 266 266 Noelle Merwin

The IRS has issued Revenue Procedure 2026-25, providing gift tax reporting relief for certain individuals who contribute to Trump Accounts established for eligible children. Under the new safe harbor, qualifying contributions will be treated as completed gifts that are not future interests in property and that qualify for the annual per donee gift tax exclusion. This means that, if all requirements are met, donors will not need to file a federal gift tax return solely because they contributed to a Trump Account.

As a refresher, Trump Accounts are a new type of individual retirement account created under IRC §530A for eligible children. Because account beneficiaries generally cannot access the funds during the account’s “growth period,” there was concern that contributions could be treated as future-interest gifts. Future-interest gifts generally do not qualify for the annual gift tax exclusion and can require Form 709 reporting, even when no tax is ultimately due. The new IRS guidance is intended to reduce that compliance concern for qualifying donors.

To qualify for the safe harbor,

  1. The donor must be an individual.
  2. The donor’s only taxable gifts for the year must be cash, check, money order, or electronic funds transfer contributions to one or more Trump Accounts and each contribution must be made before the calendar year in which the account beneficiary turns age 18.
  3. The donor’s total gifts to each beneficiary, including Trump Account contributions, must not exceed the annual gift tax exclusion amount, which is $19,000 for 2026.
  4. Contributions do not create gift or generation-skipping transfer tax liability after applying the donor’s available exemptions.
  5. No gift tax return is otherwise required or filed for that year. For example, if a donor makes other reportable gifts or needs to make certain GST elections, Form 709 may still be required.

For families, grandparents, and others considering contributions to Trump Accounts, this guidance removes a significant reporting concern—but the rules are technical. Before making larger gifts or coordinating Trump Account contributions with other estate or gift planning, please consult your Smolin professional to confirm whether the safe harbor applies.

 

  • Noelle Merwin
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New Reporting Requirements for New Jersey Health Care Service Firm License Renewals
New Reporting Requirements for New Jersey Health Care Service Firm License Renewals 266 266 Noelle Merwin

New Jersey health care service firms should take a close look at the financial reporting documents they must submit when renewing their registration with the New Jersey Division of Consumer Affairs. Recent rulemaking and agency guidance make clear that every health care service firm must now submit an annual financial statement with its renewal.

Annual financial statements are now required

If a firm generated more than $10 million in gross income in any year, that year’s financial statement needs to be audited and submitted with registration renewal the following year.  If a firm received more than $250 thousand in NJ Medicaid Personal Care Assistance during 2025, their 2025 financial statement also needs to be audited.  Additionally, for these firms, their financial statements need to be audited every third year thereafter.

For firms that don’t meet these requirements, there is no required accountants report that must accompany the submitted financial statement.  If a firm is unable to prepare a financial statement internally, choosing which accountants report is correct for your firm may be confusing.   Accountants can issue three types of financial statement reports: audits, reviews, and compilations. Audits provide the highest level of assurance and are the most comprehensive and costly option. Reviews offer a lower level of assurance at a reduced cost, while compilations provide no assurance and are generally the least expensive.

Another CPA Prepared Report

For some firms, the annual financial statement will not be enough. If your firm received less than $250 thousand in NJ Medicaid Personal Care Assistance, and generated between $1 million and $10 million in gross income, the rules require an additional report from a CPA regarding certain financial transactions and business relationships.

Unfortunately, the requirements for this report, as described by the Division of Consumer Affairs are vague and may be difficult for CPAs not familiar with health care service firms to complete.  Additionally, CPAs that don’t routinely provide assurance would be subject to additional scrutiny if they were to prepare such a report.  This will limit which CPAs are able to provide this report at a reasonable cost.

Updated renewal timing matters

The Division has announced that health care service firm registrations now expire on September 30, and renewal applications must be submitted before October 1 each year together with any required financial statements, audits, or reports. That extended timeline may give firms additional time to coordinate with accountants, but it also raises the importance of early planning. A delay in assembling the required financial materials could put a firm’s renewal at risk.

Practical takeaway for providers

Health care service firms that operate in New Jersey should not treat their registration renewal as a routine filing. The new framework requires annual financial statements from all firms and may require CPA-prepared audits or other reports for firms that meet specific thresholds. Providers should review the current rules, confirm which filing category applies to their business, and begin working with a CPA familiar with healthcare service firms and the new reporting requirements early enough to avoid last-minute problems when renewing their registration with the New Jersey Division of Consumer Affairs.

Act Now to Stay Compliant

Taking a proactive approach now can help avoid last-minute challenges and ensure a smooth renewal process. Don’t risk delays or compliance issues with your upcoming renewal. Contact Henna Reit at Smolin today to review your requirements and get ahead of New Jersey’s health care service firm reporting deadlines.

Email hreit@smolin.com or call 732-978-4181.

  • Noelle Merwin
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CAPE Opens in ACE: What Importers Need to Know About IEEPA Refund Processing
CAPE Opens in ACE: What Importers Need to Know About IEEPA Refund Processing 266 266 Noelle Merwin

U.S. Customs and Border Protection (CBP) activated the Consolidated Administration and Processing of Entries (CAPE) functionality in the Automated Commercial Environment (ACE) on April 20, 2026, marking the first operational mechanism for processing refunds of duties paid under tariffs illegally imposed pursuant to the International Emergency Economic Powers Act (IEEPA).

CAPE represents CBP’s initial attempt to operationalize refund relief following the Supreme Court’s invalidation of IEEPA based tariffs and subsequent court orders directing CBP to remove and refund those duties (for prior coverage, see the trade alert, IEEPA Tariff Refunds: CIT Suspends Tariff Refund Order, CBP Develops New Refund Procedure, dated March 17, 2026). CAPE is planned to be deployed in phases, with more functionality added in subsequent stages. While CAPE creates an administrative pathway for recovery, eligibility is limited in Phase 1, with many entries deferred to later phases or requiring additional procedural action to preserve refund rights.

Background: From IEEPA Invalidation to Administrative Refund Processing

Following the Supreme Court’s decision holding that IEEPA does not authorize the imposition of tariffs, CBP was directed through subsequent orders of the U.S. Court of International Trade (CIT) to remove IEEPA duties from affected entries through the normal administrative procedures involving entry-by-entry liquidation (closing out and final assessment of duties). However, CBP objected citing a lack of resources and other factors, and the CIT instead allowed the agency to develop a new “mass claims” refund process: CAPE.

CAPE was developed within CBP’s ACE to consolidate, validate, and process refunds of the ad valorem duties imposed under IEEPA (which, in many cases, were in addition to the Normal Trade Relations duties and other trade remedy tariffs). As CBP has acknowledged, refund eligibility will be segmented based on liquidation status, timing windows, and the presence of complicating factors such as reconciliation, drawback, protests, or antidumping/countervailing duty (ADD/CVD) suspensions of liquidation.

CAPE Phase 1: Entries Eligible for Processing Beginning April 20

Phase 1 of CAPE is intentionally narrow and focuses on entries where CBP has clear administrative authority to act without additional court involvement. Eligible entries generally include:

  • Unliquidated entries, including those with liquidation status shown in ACE as suspended, extended, or under review;
  • Recently liquidated entries within the voluntary reliquidation window under 19 U.S.C. § 1501 (practically, entries liquidated within approximately the last 80 days to allow processing before the 90 day statutory deadline);
  • Warehouse entries and warehouse withdrawals where IEEPA Chapter 99 codes were declared and refunds will issue upon liquidation in the normal course; and
  • ADD/CVD entries that remain under suspension where IEEPA codes have been removed but refunds will issue only when liquidation occurs.

To be eligible in Phase 1, the entry must have had at least one IEEPA specific HTSUS Chapter 99 number declared, must exist electronically in ACE, and must not be subject to an exclusion category.

Entries Excluded from CAPE Phase 1

CBP has identified several categories that are excluded from Phase 1 processing, even though refund rights may still exist. These include:

  • Entries liquidated more than 90 days ago (outside CBP’s voluntary re-liquidation window);
  • Entries flagged for reconciliation or filed as Entry Type 09 reconciliation summaries;
  • Entries designated on active drawback claims;
  • Entries covered by open protests; and
  • Entries lacking an electronic ACE record or liquidation status.

For these entries, CAPE does not provide immediate relief, and importers must evaluate alternative or interim strategies to preserve rights while later phase mechanisms develop.

CAPE Later Phases: Deferred, Not Eliminated

A substantial portion of potentially refundable IEEPA duties will fall outside Phase 1 and be addressed in later phases—or may require additional court action. Deferred categories include:

  • Finally liquidated entries still within the 180 day protest period (refund rights preserved if protests are timely filed);
  • Finally liquidated entries beyond the protest deadline, which are covered by the CIT’s amended March 27 order but are not yet operationally refundable through CAPE;
  • Entries involving reconciliation, active drawback claims, complex interest calculations, or enhanced CBP compliance review; and
  • Entries with outstanding non IEEPA duty balances, which CBP has flagged for potential offset in a later phase.

Importantly, deferral to later phases does not mean refund rights are lost but it does require careful planning, documentation, and deadline management.

Universal Rules Importers Must Observe

Across all phases of CAPE, several foundational rules apply:

  • Only IEEPA duties are refundable; Section 232, Section 301, and other duties on the same entry are not;
  • Refunds are issued to the importer of record, absent a properly filed CBP Form 4811 designating another party;
  • Only the importer of record or the customs broker who filed the entry summary on behalf of the importer of record may file for a refund;
  • ACH Refund enrollment in ACE is mandatory and refunds will be rejected without it; and
  • Section 301 and Section 232 duties—particularly on China origin entries—must be carefully separated from IEEPA duties to avoid processing delays or denials.

The businesses most affected by Trump-era tariff refunds are importers of record, particularly in the technology, manufacturing, and retail sectors. If you believe your business may be entitled to a possible refund, please contact Dan Kruesi for assistance.

Some content borrowed with permission from BDO USA. Our firm is an independent member of the BDO Alliance USA, a nationwide association of independently owned local and regional accounting, consulting, and service firms.

 

  • Noelle Merwin
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Smolin February 2026 Newsletter
Smolin February 2026 Newsletter 500 442 Noelle Merwin

 

View the February 2026 Smolin Newsletter (PDF) »

 

Checking off RMDs on the year-end to-do list
Checking off RMDs on the year-end to-do list 266 266 Lindsay Yeager

You likely have many tasks to manage in the coming weeks. For older taxpayers with one or more tax‑advantaged retirement accounts — as well as younger taxpayers who have inherited such an account, there’s one more important item to keep in mind: taking required minimum distributions (RMDs).

Why is it important to take RMDs on time?

When applicable, RMDs usually must be taken by December 31. If you don’t comply, you can owe a penalty equal to 25% of the amount you should have withdrawn but didn’t.

If the failure is corrected in a “timely” manner, the penalty drops to 10%. But even 10% isn’t insignificant. So it’s best to take RMDs on time to avoid the penalty.

Who’s subject to RMDs?

After you reach age 73, you generally must take annual RMDs from your traditional (non-Roth):

  • IRAs, and
  • Defined contribution plans, such as 401(k) plans (unless you’re still an employee and not a 5%-or-greater shareholder of the employer sponsoring the plan).

An RMD deferral is available in the initial year, but then you’ll have to take two RMDs the next year.

If you’ve inherited a retirement plan, whether you need to take RMDs depends on various factors, such as when you inherited the account, whether the deceased had begun taking RMDs before death and your relationship to the deceased. When the RMD rules do apply to inherited accounts, they generally apply to both traditional and Roth accounts. If you’ve inherited a retirement plan and aren’t sure whether you must take an RMD this year, contact us.

Should you withdraw more than required?

Taking no more than your RMD generally is advantageous because of tax-deferred compounding. But a larger distribution in a year your tax bracket is low may save tax.

Be sure, however, to consider the lost future tax-deferred growth and, if applicable, whether the distribution could: 1) cause Social Security payments to become taxable, 2) increase income-based Medicare premiums and prescription drug charges, or 3) reduce or eliminate the benefits of other tax breaks with income-based limits, such as the new $6,000 deduction for seniors.

Also keep in mind that, while retirement plan distributions aren’t subject to the additional 0.9% Medicare tax or 3.8% net investment income tax (NIIT), they are included in your modified adjusted gross income (MAGI). That means they could trigger or increase the NIIT because the thresholds for that tax are based on MAGI.

Do you know how to calculate your 2025 RMDs?

The RMD rules can be confusing, especially if you’ve inherited a retirement account. If you’re subject to RMDs, it’s also important to accurately calculate your 2025 RMD. We can help ensure you’re in compliance. Please contact a Smolin Representative today.

Using the Audit Management Letter as a Strategic Tool
Using the Audit Management Letter as a Strategic Tool 266 266 Lindsay Yeager

Calendar-year entities that issue audited financial statements may be gearing up for the start of audit fieldwork — closing their books, preparing schedules and coordinating with external auditors. But there’s one valuable audit deliverable that often gets overlooked: the management letter (sometimes called the “internal control letter” or “letter of recommendations”).

For many privately held companies, the management letter becomes an “I’ll get to it later” document. But in today’s volatile business climate, treating the management letter as a strategic resource can help finance and accounting teams strengthen controls, improve operations and reduce risk heading into the new year. Here’s how to get more value from this often-underutilized tool.

What to Expect

Under Generally Accepted Auditing Standards, external auditors must communicate in writing any material weaknesses or significant deficiencies in internal controls identified during the audit. A material weakness means there’s a reasonable possibility a material misstatement won’t be prevented or detected in time. A significant deficiency is less severe but still important enough to warrant management’s attention.

Auditors may also identify other control gaps, process inefficiencies or improvement opportunities that don’t rise to the level of required communication — and these frequently appear in the management letter. The write-up for each item typically includes an observation (including a cause, if known), financial and qualitative impacts, and recommended corrective actions. For many companies, this is where the real value lies.

How Audit Insights Can Drive Business Improvements

A detailed management letter is essentially a consulting report drawn from weeks of independent observation. Auditors work with many businesses each year, giving them a unique perspective on what’s working (and what isn’t) across industries. These insights can spark new ideas or validate improvements already underway.

For example, a management letter might report a significant increase in the average accounts receivable collection period from the prior year. It may also provide cost-effective suggestions to expedite collections, such as implementing early-payment discounts or using electronic payment systems that support real-time invoicing. Finally, the letter might explain how improved collections could boost cash flow and reduce bad debt write-offs.

A Collaborative Tool, not a Performance Review

Some finance and accounting teams view management letter comments as criticism. They’re not. Management letters are designed to:

  • Identify risks before they become bigger problems,
  • Help your team adopt best practices,
  • Strengthen the effectiveness of your control environment, and
  • Improve audit efficiency over time.

Once your audit is complete, it’s important to follow up on your auditor’s recommendations. When the same issues repeat year after year, it may signal resource constraints, training gaps or outdated systems. Now may be a good time to pull out last year’s management letter and review your progress. Improvements made during the year may simplify audit procedures and reduce risk in future years.

Elevate Your Audit

An external audit is about more than compliance — it provides an opportunity to strengthen your business. The management letter is one of the most actionable and strategic outputs of the audit process. Contact a Smolin Representative to learn more. We can help you prioritize management letter recommendations, identify root causes of deficiencies and implement practical, sustainable solutions.

Six last-minute tax tips for businesses
Six last-minute tax tips for businesses 266 266 Lindsay Yeager

Year-round tax planning generally produces the best results. However, there are some steps you can still take in December to lower your 2025 taxes.

Here are six to consider:

1. Postpone invoicing. If your business uses the cash method of accounting and it would benefit from deferring income to next year, wait until early 2026 to send invoices.

2. Prepay expenses. A cash-basis business may be able to reduce its 2025 taxes by prepaying certain 2026 expenses — such as lease payments, insurance premiums, utility bills, office supplies and taxes — before the end of the year. In addition, many expenses can be deducted even if paid up to 12 months in advance.

3. Buy equipment. Take advantage of 100% bonus depreciation and Section 179 expensing to deduct the full cost of qualifying equipment or other fixed assets. Under the One Big Beautiful Bill Act, 100% bonus depreciation is back for assets acquired and placed in service after January 19, 2025. And the Sec. 179 expensing limit has doubled, to $2.5 million for 2025. But remember that the assets must be placed in service by December 31. Only then can you claim these breaks on your 2025 return.

4. Use credit cards. What if you’d like to prepay expenses or buy equipment before the end of the year, but you don’t have the cash? In that case, consider using your business credit card. Generally, expenses paid by credit card are deductible when charged. This is true even if you don’t pay the credit card bill until next year.

5. Contribute to retirement plans. If you’re self-employed or own a pass-through business — such as a partnership, S corporation or, generally, a limited liability company — one of the best ways to reduce your 2025 tax bill is to increase deductible contributions to retirement plans. Usually, these contributions must be made by year-end. However, certain plans — such as SEP IRAs — allow your business to make 2025 contributions up until its tax return due date (including extensions).

6. Qualify for the pass-through deduction. If your business is a sole proprietorship or pass-through entity, you may be able to deduct up to 20% of qualified business income (QBI). But if your 2025 taxable income exceeds $197,300 ($394,600 for married couples filing jointly), certain limitations kick in that can reduce or even eliminate the deduction. One way to avoid these limitations is to reduce your income below the threshold — for example, by having your business increase its retirement plan contributions.

Most of these strategies are subject to various limitations and restrictions beyond what we’ve covered here. Please consult a Smolin Representative before implementing them. We can also offer more ideas for reducing your taxes this year and next.

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