Wednesday, August 12, 2020

Will You Be Impacted By the President’s Executive Order?


 

The President issued an executive order and three memoranda recently. Currently, the effect of these orders is unknown due to possibly being legally challenged and/or becoming irrelevant if Congress can pass a new relief package quickly, although negotiations surrounding a relief package have been stalled. The issues addressed include:
 ·      

          Additional $400/week unemployment assistance  - if receiving at least $100/week of state unemployment and unemployment is due to COVID-19
·         Student loan deferral on Department of Education loans through December 31, 2020
·         Directs certain government organizations to work to help minimize evictions and foreclosures
·         Deferral of the employee portion of Social Security tax on wages (under a certain threshold)

LWH is continuing to monitor the situation to determine how the order/memoranda will impact clients.

Tuesday, July 28, 2020

New Bills in Congress



Business owners and individuals alike will be impacted by new bills introduced in Congress this week. We anticipate some big changes to PPP loans, possibly including a 2nd round for qualifying businesses and changes to loan amounts for some farmers. The bills currently include a new stimulus payment and changes to unemployment, as well as new/changed business tax credits. LWH will keep you up to date as the bills make their way through Congress.

Thursday, July 23, 2020

Donating a Used Car to Charity


One of the negative aspects of buying a new car is the annoyance involved with getting rid of your old car. Many individuals find the trade-in allowance offered by dealers (if any) to be well below the car's true value. But the alternative of selling the car on your own involves the expense of advertising as well as the commitment of time needed to meet with potential buyers, accompany them on test drives, negotiate a fair price, etc.
For these reasons, some taxpayers consider a different option for their old cars: donating them to charity. An increasing number of charities have turned to car-donation programs. You may have seen ads from some of these organization in your local newspaper urging individuals to donate their old cars. The donation approach saves you the trouble of trying to sell the car. Many charities offer the added convenience of picking up the car at your home.
In taking this approach, however, bear in mind that the amount of the deduction you will be allowed to claim is subject to special limitations. In many cases, the deduction you can claim is less than your view of the car's value. If you compare the tax savings from a donation with a dealer's trade-in offer, the offer may not seem as small.
For cars worth over $500, the deduction will be the lesser of the vehicle's fair market value or the amount for which the charity actually sells the car, if it sells the car without materially improving it. This limit applies to any motor vehicle designed for road use, including vans and trucks, as well as to boats and airplanes.
Since most charities do sell the cars they receive, it's likely that your donation will be limited to the actual sale price. Furthermore, these sales are often at auction or in bulk and typically result in sales below "Blue Book" value. Also, you won't know the amount of your deduction until the charity has sold the car and reported the sale proceeds to you (see below).
Only if the charity uses the car in its operations or materially improves the car before selling it will your deduction be based on the car's fair market value at the time of the donation. In that case, fair market value is usually set according to the "Blue Book" listings for used cars published by the National Automobile Dealers Association. The IRS will accept the value in the "Blue Book" or another established used car pricing guide if the guide lists a sales price for a car that is the same make, model, and year, sold in the same area, and in the same condition, as the car you donated. In some cases, this value will exceed the amount you could actually get on a sale.
However, if the car is in poor condition, because it needs substantial repairs or is unsafe to drive, and the pricing guide only lists prices for cars in average or better condition, the guide won't set the car's value. Instead, you must establish the car's true market value by any reasonable method. Many used car guides show how to adjust value for items such as accessories or mileage.
In any case, you must itemize your deductions to get the tax benefit; you can't take a deduction for a car donation if you take the standard deduction.
Make sure the charity qualifies and is legitimate. You won't be entitled to a charitable deduction unless you donate your car to an eligible charitable organization. In some cases, the transaction is more complex because private fund-raisers may be operating car donation programs on behalf of charities. This is legitimate as long as the private company is acting as the agent for a qualified charity. We can help if you have any doubts about the qualification of any donee you are considering.
Proving your right to the deduction. If you donate your used car to charity, make sure you take the steps needed to substantiate your tax deduction.
If the charity sells the car, you will need a written acknowledgement from the charity containing your name and tax ID number, the vehicle ID number, a certification that it was sold at arm's length to an unrelated party, the gross proceeds of sale, and statement that the deduction cannot exceed the proceeds. The charity should provide you with this acknowledgement within 30 days of the sale.
If, instead, the charity will use (or materially improve) the car, the acknowledgement needs to certify the intended use (or improvement) and the intended duration of the use, along with a statement that the car will not be sold before completion of the use or improvement. In this case, the acknowledgement should be provided within 30 days of the donation.
Please contact us with any questions on how donating a car could benefit your 2020 taxes.


Thursday, June 4, 2020

Paycheck Protection Program Flexibility Act of 2020


Additional changes to PPP loans were passed by the Senate last night and are expected to be signed by the President.  The following changes will apply to all PPP loans (with one optional exception discussed later).

·         The loan covered period was extended from 8 weeks to 24 weeks.

·         The minimum loan percentage that must be used toward payroll costs decreased from 75% to 60%; the remaining 40% can be spent on allowable non-payroll costs.  (Note: as currently written, at least 60% of the total loan must be spent on payroll for any money to be forgiven.  There may be a future technical correction coming related to this.)

·         The safe harbor period for reinstating levels of employment has been extended from June 30, 2020 to December 31, 2020.

·         There are new exceptions for restoring the number of full-time equivalent employees.  There is no longer a reduction if either of the following can be documented:

o   You are unable to rehire the individuals who were employees on February 15, 2020 and cannot hire a similarly qualified employee(s) by December 31, 2020.

o   You are unable to return to the same level of business activity as of February 15, 2020 due to specific factors related to COVID-19, as outlined in the Act.

There is also an optional exception written into the Act that allows anyone who already had a PPP loan before this Act was effective to use the 8 week period instead of extending the period to 24 weeks.

Please contact us with questions you have.  We are happy to discuss how these changes will specifically impact your PPP loan and can help you determine if applying for a PPP loan is beneficial to your business situation.  June 30, 2020 is the cut off for applying for a PPP loan.