Year-End Strategies for Businesses 2014
Although tax planning is a 12-month activity, year-end is traditionally the time to review tax strategies from the past and to revise them for the future. At year-end 2014, and looking ahead to 2015, individuals and businesses need to be ready for late tax legislation, prepare for a rash of new requirements and responsibilities under the Patient Protection and Affordable Care Act (PPACA); and incorporate traditional as well as innovative strategies into their year-end planning.
PLANNING NOTE
At the time this was prepared, legislation to extend many popular but temporary tax extenders is being considered by the lame duck Congress. Late legislation could cause a delayed start to the 2015 filing season (and possibly delay refunds to individuals) because the IRS will need additional time to reprogram its return processing systems.
POST-ELECTION PLANNING
On November 4, Americans learned the composition of the House and Senate in the 114th Congress that will convene in January 2015. Republicans increased their majority in the House and captured a majority in the Senate. The changes could open the door for action on comprehensive tax reform in 2015 or 2016. Alternatively, lawmakers and the President may agree on smaller scale reforms.
Tax Extenders
The impact of the midterm elections on immediate year-end tax planning for 2014 principally revolves around a so-called “tax extenders” package of expired individual and business tax breaks that await retroactive reinstatement to the start of 2014. It is not yet decided whether final passage will happen in mid-November or early December …or, if negotiations break down, in January when the new Congress meets.
IMPACT
Hill sources have recently indicated that the differences remaining in House and Senate extenders bills are “easily resolvable.” Making the research tax credit permanent in return for a two-year extension of the other extenders has been part of the latest buzz around how final negotiations will proceed. Although having an extenders package eventually pass Congress is “almost a sure thing,” any single extender remains subject to being jettisoned in last-minute negotiations, making year-end tax planning decisions subject to revision until final Congressional action.
Tax Reform
Comprehensive tax reform has not moved beyond the discussion stage in 2014. In the days after the November 4 elections, GOP leaders said that tax reform would be a priority in the new Congress but gave no specifics. President Obama said that tax reform could be an area where he and the GOP could cooperate. The President noted his earlier proposal to pay for a reduction in the corporate tax rate by eliminating some unspecified business tax preferences.
IMPACT
Broad tax reform, even if put on a fast-track for passage in 2015 likely will have an effective date of 2016 (or even later with phased-in provisions). An exception, however, may be carved out for sooner action on corporate inversions.
Health Care
Several provisions of the PPACA could be modified or repealed in the 114th Congress. Those being considered for action in the near future include rolling back the 2.3 percent medical device excise tax and the 30-hour rule for treatment as a full-time employee for purposes of the employer shared responsibility requirement. The latter change would especially impact current planning by employers on avoiding liability under the employer mandate.
IRS. The IRS operated in FY 2014 at the same rate of funding as FY 2013 and at roughly $850 million below FY 2010 levels. The lame-duck Congress is expected to approve an omnibus spending bill to fund the IRS through the end of FY 2015. The GOP-controlled 114th Congress will prepare the IRS budget for FY 2016.
Businesses seeking to maximize tax benefits through 2014 year-end tax planning may want to consider three general strategies: (1) Use of traditional timing techniques for income and deductions; (2) Special consideration of significant tax incentives that expired at the end of 2013 but may be extended through 2014; and (3) Reaction to certain recent tax developments from IRS and the courts that may present either new opportunities or pitfalls.
Bonus Depreciation
For tax years after 2013, bonus depreciation has officially expired (except for certain noncommercial aircraft and longer production period property which may be eligible for 50 percent bonus depreciation through 2014).
STRATEGY: Although the possibility of retroactive reinstatement of the bonus-depreciation election should be factored into a year-end strategy, a final decision on making it is not required until a return is filed. Further, bonus depreciation is not mandatory. Certain taxpayers should consider electing out of bonus depreciation to spread depreciation deductions more evenly over future years.
Research Tax Credit
The research tax credit also officially expired after 2013, but it may be retroactively revived by Congress. The research credit may be claimed for increases in business-related qualified research expenditures and for increases in payments to universities and other qualified organizations for basic research. The credit applies to the excess of qualified research expenditures for the tax year over the average annual qualified research expenditures measured over the four preceding years.
Small Business Stock
A full 100-percent gain exclusion applies to qualified small business stock that is acquired after September 27, 2010, and before January 1, 2014, and held for more than five years. Under current law, the percentage that is excluded is 50-percent (60-percent for empowerment zone stock) for qualifying stock acquired after December 31, 2013.
STRATEGY: Even with the reduced exclusion, the provision is a worthwhile strategy. Taxpayers should consider making investments before year-end 2014 so that the required five-year holding period begins to run. Also to keep in mind is that being even a single day short of the five-year period – measured from the acquisition date – eliminates any benefit, with no proration allowed. Certain exchanges of similar stock before the five year period, however, are permitted.
Code Sec. 199 Deduction
The Code Sec. 199 deduction allows taxpayers to deduct an amount equal to the lesser of a phased-in percentage of taxable income (adjusted gross income for individuals) or qualified production activities income. The deduction is calculated as a percentage (generally nine percent under current law, subject to some exceptions) of qualified production activities income.
Business Extenders
Business incentives that have officially expired after 2013, unless revived by Congress, include, in addition to bonus depreciation and the enhanced Code Sec. 179 expensing, the Work Opportunity Tax Credit (WOTC), Indian employment credit, special expensing rules for film and television productions, and many other temporary provisions.
Affordable Care Act
Effective January 1, 2015, the PPACA’s employer shared responsibility requirements (“employer mandate”) take effect for applicable large employers. However, there is a carve-out for mid-size employers for 2015. Some relaxed standards for larger employers also are available in 2015.
PLANNING NOTE
Employers with fewer than 50 full-time employees (including full-time equivalent employees) are completely exempt from the employer mandate for any year. Employers with at least 50 but fewer than 100 full-time employees (including full-time equivalent employees) are exempt from the employer mandate until 2016; and employers with 100 or more full-time employees (including full-time equivalent employees) are subject to the employer mandate starting in 2015, with certain relaxed standards.
Repair Regulations
Final regulations for treating costs related to tangible property (the so-called “repair regulations”) may open significant tax planning opportunities. For acquisitions of tangible property, a de minimis safe harbor allows taxpayers to deduct certain items. The safe harbor applies to items that cost $5,000 or less (per item or invoice) and that are deducted on the company’s applicable financial statement (AFS) in accordance with a written accounting procedure.
STRATEGY: Under the $5,000 de minimis safe harbor in the final regulations, taxpayers must have a written policy in place at the beginning of the year that specifies a dollar amount for following book treatment. The de minimis safe harbor is an annual election and not an accounting method, so it can be made and changed every year. Calendar-year taxpayers need to have a written policy in place by yearend 2014 to qualify for 2015. The annual election is made by filing a statement with the taxpayer’s income tax return.
PLANNING NOTE
The de minimis limit is $500 per item or invoice for companies without an AFS. A written policy, while not required here, is nevertheless recommended
TRADITIONAL YEAR-END STRATEGIES
Year-end 2014 presents unique challenges. At the same time, traditional year-end planning techniques nevertheless remain important both to maximize benefits in connection with what’s new and to do so within the usual ebb and flow of the taxpayer’s personal economy. The following traditional income and deduction acceleration techniques and their reciprocal deferral strategies should be considered:
Income Deferral/Acceleration:
- Enter into/Sell installment contracts
- Defer/Receive bonuses before January
- Hold/Sell appreciated assets
- Accelerate income to use available carryforward losses
- Hold/Redeem U.S. Savings Bonds
- Accumulate/Declare special dividend
- Postpone/Complete Roth conversions
- Delay/Accelerate debt forgiveness income
- Minimize/Maximize retirement distributions
- Delay/Accelerate billable services
- Structure/Avoid mandatory like-kind exchange treatment
Deductions and Credits Acceleration/Deferral
- Bunch itemized deductions into 2014 and take standard deduction in 2015/reverse steps
- Pay bills in 2014/postpone payments until 2015
- Pay last state estimated tax installment in 2014/delay payment until 2015
- Accelerate economic performance/postpone performance
- Watch AGI limitations on deductions/credits
- Watch net investment interest restrictions
- Match passive activity income and losses