In an S-Corporation, a popular choice of tax entity among businesses, an owner who works for the company is required to take wages. How much of the company’s income is classified as wages versus S Corp. income (reported to the owner on Form K-1) is up to the owner. The net income will be taxed regardless of how it’s classified. The big difference lies in federal employment taxes, which are not paid on K-1 income.
Archive for the 'BUSINESS FORUM' Category
What elements and factors enter into the value of your business? How can you increase and maintain the value of your business? This topic will be addressed at the upcoming complimentary U&A seminar, the first installment in a four part series tailored to medical and healthcare professionals.
If you are executor of an estate in New Jersey and intend to make a distribution to the beneficiaries, there’s one important step you need to take first. NJ law requires an executor/administrator to initiate a child support enforcement order for any beneficiary receiving in excess of $2,000 prior to the distribution. The executor is personally liable for making a distribution without initiating the order, as the Child Support Judgment is a lien against the net proceeds of any inheritance in NJ.
New Jersey employers can breathe a sigh of relief, as Governor Christie has announced that new fiscal management practices have brought New Jersey’s Unemployment Insurance Trust Fund into solvency for the first time since 2009. This spares businesses from a drastic tax surcharge, as Federal Unemployment Tax (FUTA) was set to increase from the base rate of 0.6% ($42 maximum per employee) to 1.5% ($105 maximum per employee). The surcharge is imposed when a state has borrowed from the Federal Unemployment Trust Fund and increases each year. In 2012, NJ employers paid 1.2% due to the surcharge ($84 maximum per employee). By repaying the loan to the Feds, employers will not be subject to this surcharge on their 2013 FUTA wages and will only pay the base rate of 0.6% ($42 maximum per employee).
If you’re a non-resident selling investment real estate in New Jersey, there’s a unique NJ tax you should be aware of. Both residents and non-residents always had to pay income tax on the gain upon the sale of real estate. This tax is required to be withheld for non-residents. The “Exit Tax”, which came into law six years ago, requires the seller to file a GIT/REP form (Gross Income Tax form) in order to record a Deed for the transfer of his property. When a non-resident sells the property, New Jersey will withhold this income tax in the amount of either 8.97 percent of the profit or 2 percent of the total selling price, whichever is higher. Therefore, even if the property is sold at a loss, tax must be withheld to fulfill the two percent requirement.
It’s important to realize that while the Exit Tax requires a substantial withholding, it doesn’t have any impact on the tax liability. If a taxpayer has excess withholding it would be prudent to file Form NJ1040 (individual) or NJ1041 (estate) quickly to expedite the recovery of the excess withholding.
With a new 3.8% tax on “unearned” income kicking in in 2013, it’s very difficult to limit your tax to just “ordinary” income tax. If your income is earned, you pay 15.3% Self-Employment (Social Security) tax. If your income is un-earned, you now have the new 3.8% Net Investment Income (NII) tax to pay.
Many NJ businesses have recently received a solicitation concerning “Annual Corporate Records Form”. The mailing, which has an official appearance, solicits a fee of $125 in return for the recording of corporate shareholders, directors and officers. The Division of Revenue is alerting all New Jersey businesses that there is no requirementto file this form State of New Jersey, and the sender isn’t affiliated with the State.
Jeff Urbach will be speaking at the Jewish Business Network’s (JBN) Biz Expo. In his speech entitled “What is the value of your business?” Jeff will cover the various elements and factors that affect the value of your business and will clarify how to maintain and increase its value.
The New Jersey Supreme Court has agreed to rule on a case that will have a broad impact on NJ businesses and workers. In Hargrove v. Sleepy’s, Plaintiffs Sam Hargrove, Andre Hall and Marco Eusebio accused Sleepy’s of using an “Independent Driver Agreement” as a ruse to avoid paying them employee benefits. The case was initially dismissed by U.S. District Judge Peter Sheridan in March 2012, as he applied the common-law “right to control” test. This test focuses on how much control the employer has of the workers. In this case, the plaintiffs drove for several other companies in addition to Sleepy’s, and maintained their own trucks, paying for gas, tolls, tickets and repairs. This bolstered the argument that they were in fact independent contractors.
On appeal, the National Employment Law Project, a New York non-profit workers advocacy group, contended that the “right to control” test shouldn’t be a determining factor. They reasoned that the New Jersey statutes at issue- the Wage Payment Law and the Wage and Hour Law- define “employee” more broadly than common law.
As predicted after the Supreme Court’s ruling on the Defense of Marriage Act (DOMA) in June 2013, the IRS has announced that the government will be issuing regulations that will allow same-sex couples to file joint tax returns. This will pertain only to the 13 states that recognize same-sex marriage (New Jersey isn’t one of [...]