What Wages Are Subject to Taxes? The Internal Revenue Service (IRS) makes available publications on what constitutes wages for the purpose of tax liabilities. Essentially, wages subject to taxes include all compensation given to an employee for services per- formed. The pay may be in cash, vacation allowances, bonuses, and commissions. Other special considerations to be checked in current IRS publications include: • Partially exempt employment • Moving expenses • Fringe benefits • Taxable tips Depositing Taxes. Federal deposit coupon books (Form 8109) are used to deposit paid and withheld taxes. The preprinted coupons are basically a form with boxes for the amount of each tax paid, the FEI number, and the tax period against which the payment is being made. The coupon is mailed or delivered along with a single payment covering the taxes to a federal reserve bank (serving the employer’s area) or, more likely, to an authorized financial institu- tion. The frequency of payment depends on the amount due at the end of the month; you should determine the required deposit peri- ods in consultation with an accountant. Filing Returns and Reporting Taxes. FUTA taxes are reported quarterly, using Form 940. The deposit is due by the last day of the first month after the quarter. If the amount due for any quarter is less than $100, it may be carried over and paid in the next quarter’s report. For income taxes withheld and for Social Security (FICA) taxes, the employer files a quarterly report on federal Form 941. There are some exceptions to this rule related to agricultural employers, household employers, state and local governments, and some others. Willful failure to file returns and pay taxes when due will result in criminal and civil penalties. The same is true for willful filing of false or fraudulent returns. In some cases in which income and Social Security taxes are not withheld and not paid to the IRS, individuals Reporting CHAPTER 9 257 p03.qxd 11/28/05 1:39 PM Page 257 Evaluating the Operations of the Business of the corporation or partnership may be held individually liable for the payment of these taxes along with a penalty of up to 100 per- cent of the taxes wrongfully uncollected. Wages and Tax Statement. By January 31 of each year, an employer must provide each employee a statement of wages and taxes. This report, form W-2, includes all wages, tips, other com- pensations, and withheld income and Social Security taxes. Other payments may be included when applicable: bonuses, vacation allowances, severance pay, moving expenses, taxable fringe bene- fits, some kinds of travel expenses, and others. Income Tax Return Tax rules vary according to whether the operation of the business is as a sole proprietorship, a partnership, a regular C corporation, or an S corporation. These tax rules may affect how the firm carries out its business activities. Sole Proprietorships. In order to qualify as a sole proprietorship, you must be self-employed and the sole owner of an unincorpo- rated business. Schedule C is filed with a federal Form 1040 (per- sonal tax return) by April 15 of the year following the fiscal year reported. In a sole proprietorship, there is no tax effect for taking money out of the business for personal use or transferring personal money to the business. However, you should set up and keep separate accounts to keep track of identifiable business expenses and per- sonal withdrawals. Failure to keep adequate business records has been the downfall of many sole proprietorships. Partnerships. A partnership is the relationship between two or more persons for the purpose of carrying out a trade or business for a profit. Each person contributes money, property, labor, or skill, expecting to share in the profits or losses of the enterprise. If a husband and wife carry on a business together and expect to share in the profits and losses, they may come under the definition of a partnership for the purposes of taxes. This may occur even by SECTION III 258 p03.qxd 11/28/05 1:39 PM Page 258 operation of law, where the husband and wife have not executed a form of partnership agreement. Income from a partnership is reported on Form 1065, U.S. Partnership Return of Income. Also included will be a separate schedule SE, Computation of Social Security Self-Employment Tax. These are “information only” returns. Taxes will be paid in quarterly estimates as a part of the partners’ personal (1040) tax reporting. But for a few exceptions, a partnership determines its income in much the same way that an individual determines his or her income. In determining their income tax liability for the year on their own income tax returns, partners must take into account, separately, each partner’s distributive share. This consideration must be made whether these items are distributed or not: • Gains or losses associated with the sale of capital assets • Gains or losses from sale or exchange of certain property used by the business • Charitable contributions • Dividends or interest for which there is an exclusion or deduction • Other items of income, gains, or losses, as explained in Schedule K, Form 1065 Corporations. Many areas of corporate taxation are quite com- plex and cannot adequately be dealt with here. For a more com- plete discussion of corporate tax consequences, the IRS publication 542, Tax Information on Corporations, may be helpful to you. Every corporation must file a tax return, even if it had no tax- able income for the year and regardless of the amount of its gross income for the year. The income tax return for the regular corpora- tion is Form 1120. As in the case of individual taxpayers, the fed- eral government has a short-form application for taxes of small U.S. corporations: Form 1120-A, U.S. Short-Form Corporation Income Tax Return. In order to qualify to use the short form, the business must meet certain requirements, which have usually been: • Gross receipts do not exceed $500,000. • Total income does not exceed $500,000. • Total assets do not exceed $500,000. Reporting CHAPTER 9 259 p03.qxd 11/28/05 1:39 PM Page 259 Evaluating the Operations of the Business • No foreign owners, direct or indirect, of 50 percent or more of its stock. • It is not a member of a controlled group or a personal holding company. • It is not a consolidated corporation return filer. • It is not undergoing liquidation or dissolution. • It does not owe alternative minimum tax. • It is not an S corporation, life or mutual insurance company, or other company filing a specialized form. For more information, use the instructions for Forms 1120 and 1120-A. If the corporation files a return on a calendar-year basis, then the return is to be filed by March 15 following the calendar year. If the corporation uses a fiscal year other than a calendar year, then the report must be filed by the fifteenth day of the third month after the fiscal year. The return is filed with the Internal Revenue Office serving the area where the corporation maintains its principal office—that is, where it maintains its principal books and records. A corporation will receive an automatic six-month extension for filing a return by submitting an application for an extension on Form 7004. The IRS can terminate this extension at any time prior to the expiration of the six-month period. Interest is charged on the difference between the tentative tax reported on Form 7004 and the actual tax the corporation must pay when it files its Form 1120. Failure to file on the date required without good cause shown may result in the imposition of a delinquency penalty of 5 percent of the tax due. This penalty will apply to the first month due and may be increased by 5 percent per month for each subsequent month, up to a cap of 25 percent. To avoid penalties, you will have to give an explanation of good cause; that statement will be made under penalty of perjury. If after filing Form 1120 or 1120-A you wish to correct an error on the return, you may do so by filing a Form 1120X, Amended U.S. Corporation Income Tax Return. You can use this method when you discover that you may have misstated income or failed to claim a deduction or credit. SECTION III 260 p03.qxd 11/28/05 1:39 PM Page 260 Estimated Income Tax. Many, if not most, corporations are required to file and pay an estimated tax. A corporation’s estimated tax is the amount of its expected tax liability less its allowable tax credits. This estimated tax must be deposited with an authorized financial institution or a federal reserve bank. Each tax payment must be accompanied by a federal tax deposit coupon, according to the instructions in the coupon book. S Corporations. Some business owners prefer not to be subject to federal corporate income tax liability. If the corporation qualifies, its income will be taxed to the shareholders individually, like a partnership, rather than the corporation. For a complete discussion of the tax liabilities and calculations, the Internal Revenue Service provides publication 589, Tax Information on S Corporations. To qualify as an S corporation, these requirements normally have been applicable: • All shareholders must elect to be an S corporation. • The corporation must have a permitted tax year. • The corporation must file Form 2553, Election by a Small Business Corporation, indicating the choice to be treated as an S corpo- ration. • It must be a domestic corporation. • It must have only one class of stock. • It must not have more than 35 stockholders. • It must have only individuals or their estates as stockholders. • It must not have a nonresident alien as a shareholder. • It must not be a member of an affiliated group of corporations. • It must not be: • A domestic international sales corporation. • A company that serves as a financial institution, taking deposits and making loans. • An insurance company taxed under Subchapter L. The permitted tax year is generally a calendar year ending December 31. Other years may be requested but require approval from the IRS. Reporting CHAPTER 9 261 p03.qxd 11/28/05 1:39 PM Page 261 Evaluating the Operations of the Business Other Specialized Reporting Areas Specialized Business. Businesses such as those dealing in firearms sales and transportation, tobacco sales, liquors and spirits, ethanol production, travel agencies, and others have special reports. Most have some relation to the health, safety, morals, and welfare of cit- izens. These reporting requirements vary for different businesses. For example, dealers in firearms require federal licenses depending on whether the dealer sells rifles and shotguns or handguns, or transports weapons in interstate commerce. In addition, sales have to be reported on various forms prepared and submitted by the dealer. Special Agencies. Many federal agencies require periodic and regular reporting of various business functions. Examples of agen- cies requiring reporting are the Environmental Protection Agency (EPA)—air and water quality; Occupational Safety and Health Administration (OSHA)—workplace safety and employee health; Federal Energy Regulatory Commission—utility fuel costs; Interstate Commerce Commission (ICC)—motor and rail carrier rates and charges; Federal Communications Commission: depreciation rates, service charges, and terms and conditions of service. The discussion of federal reporting requirements has been, by necessity, brief and general. An accountant and/or attorney should be consulted to assure compliance with all reporting requirements. Also, it is a good idea to make use of the publications provided by the various agencies. State Government Requirements Unemployment Insurance Unemployment insurance provides a temporary source of income to make up a part of the wages lost by workers who lose their jobs through no fault of their own and who are willing and able to work. Although the programs may vary from state to state, this description is representative. The employer generally pays for unemployment insurance as SECTION III 262 p03.qxd 11/28/05 1:39 PM Page 262 one of its businesses expenses. Typically, workers pay no part of the premium. The premiums go into a reserve fund to pay claims as they arise. Many states consider the stability of an employer’s employ- ment history when establishing a tax rate. New employers are required to report initial employment in the month following the calendar quarter in which employment begins. The regulating agency then determines whether the employer is liable for taxes. Typical state eligibility requirements include: • That in a calendar year a business has a $1,500 quarterly payroll or one or more employees • Liability for federal unemployment tax • Purchase of a liable business If the employer is liable for the payment of unemployment insur- ance, it will be required to make periodic reports and payments of taxes. It may be required to report: • Total wages paid to covered workers, excess wages, taxable wages, and taxes due • Individual wage listings with each employee’s Social Security number, name, weeks worked, and total wages paid This report usually is required to be filed along with the proper amount of taxes one month after the quarter in which the qualify- ing employment occurred. Timely filing is necessary in order to: • Receive the maximum amount of credit against the federal unemployment tax for the state unemployment taxes paid • Get proper credit for calculating the experience rating • Avoid penalty and interest charges established by law for late payment and late reports Sales and Use Taxes Sales and use taxes vary greatly from state to state. Their applicabil- ity, rates, and exemptions from taxation are dissimilar across state boundaries. In addition, many countries and cities have local option Reporting CHAPTER 9 263 p03.qxd 11/28/05 1:39 PM Page 263 Evaluating the Operations of the Business sales and special use taxes. Information relative to the employer’s state and local government should be obtained from the offices of the state department of revenue or taxation and from the county or city government. This discussion will serve as an example but may not be typical of your state. Registration. Every person, partnership, corporation, or S corpo- ration desiring to engage in business in the state generally will be required to secure a certificate of registration for each place of busi- ness within the state. A business may not have to comply with this requirement if it is engaging in an enterprise not subject to sales and use tax. There is usually a nominal fee ($5–$25) associated with the filing for a certificate. Sales tax of about 4 to 8 percent is levied on qualifying sales made within a state. A use tax is generally the same rate, but the tax is paid on qualifying items brought into the state to be used, consumed, distributed, rented, or stored for use or consumption. Exemptions in Some States Include: • Groceries and produce, except those prepared within a premise for consumption • Medical—prescription and household medicines • Telephone and utility service (other taxes, however, may apply to these transactions) • Sale of livestock, poultry, and produce if the sales are made by the producers • Professional services • Subscriptions • Rentals Payments. Sales taxes are usually payable to the state by a certain date, for example, the twentieth day of the month following the collection of the tax. Some states offer quarterly filing of the tax if the tax remittance is sufficiently low, though monthly filing is more common. Some states allow the business or person collecting the tax to retain a portion of the collection as a fee for the collection process itself. Finally, items purchased for resale may be exempt from the tax, in order to avoid double taxation of an item. SECTION III 264 p03.qxd 11/28/05 1:39 PM Page 264 State Corporate Income Taxes Many states have a form of corporate income taxes. These taxes are imposed on all domestic and foreign corporations for the privilege of doing business or earning or receiving income within the state. Generally, individuals, partnerships, and estates or trusts are not liable for this tax. Reporting. A return is generally required by a state if (1) a federal income tax return is filed or (2) the taxpayer is liable for payment of taxes. The return is usually filed on the first day of the fourth month after the close of the taxable year or the fifteenth day after the due date for the filing of the related federal returns for the tax- able year. Some states allow for automatic extensions. However, they usually require payment of estimated taxes. Any underpay- ment of estimated taxes usually will be assessed both penalty and interest. These can be as much as 12 to 15 percent on the amount of underpayment. Remittance of the tax is due at the same time the return is filed. Some states have provisions related to the federal penalty provisions for nonfiling without just cause. Interest gener- ally is applicable at a fixed rate, and the state may even penalize a company for fraudulent returns. Some states assess a penalty for failure to file a return even when no taxes are due. Tax Basis and Rates. The tax generally is applicable to all forms of income, including capital gains at (usually) a uniform rate. States typically model their code provisions so as to be consistent with applicable federal code provisions. Individual Income Tax If the business operates as a sole proprietorship, a partnership, or an S corporation, the profits may be subject to individual state income taxes. One of the initial considerations that should be made in setting up the form of business is the tax considerations of the entity and the individuals involved. Therefore, the state’s individual personal income tax (if it has one) may be a valid consideration in the opera- tion of the business and the policy for the distribution of profits. Reporting CHAPTER 9 265 p03.qxd 11/28/05 1:39 PM Page 265 Evaluating the Operations of the Business Other Possible Tax Returns Intangible Tax. Intangible taxes are levied on the ownership, control, or custody of taxable intangibles, such as notes, bonds, and other obligations to pay money that are secured by a mortgage, deed of trust, or other lien on real property within the state. In addi- tion, the state generally levies this tax on shares of stock in incor- porated businesses, bonds, notes, accounts receivable, and other obligations for payment. Ad Valorem Tax. Ad valorem tax is a tax on the value of real estate as assessed by a duly authorized appraiser appointed or elected to serve in that capacity. The rate of taxation—the millage—usually is expressed in one-thousandths of a dollar. For example, 23 mils means $.0023. Various states and even counties within a state apply various rates (and even various values) for tax purposes. This tax applies to land, buildings, fixtures, and all other improvements to real estate physically located within a jurisdiction. Some states may have special taxing districts that assess an ad valorem tax on the property for special services (water manage- ment, flood control, fire, school, and many others). Documentary Stamp Taxes. Documentary stamp taxes are taxes assessed against the execution of certain documents. Although varying in rates across states, this tax generally is applicable on promissory notes, mortgages, trust deeds, security agreements, and other written promises to pay money. Typically not a significant tax (usually being about $.15–$.20 per $100 face value), it is an obli- gation that must be met in the consummation of certain financial transactions. Tangible Personal Property Tax. Tangible personal property taxes, like ad valorem (real property) taxes, generally are assessed by counties at a rate sometimes equal to the ad valorem tax. This tax is based on the assessed value or the value declared by the owner, for business supplies, fixtures, furnishings, and so on. Some states extend this tax to motor vehicles, rail cars, trucks, buses, aircraft, and even ships and boats. Often states that exempt these items from SECTION III 266 p03.qxd 11/28/05 1:39 PM Page 266 [...]... market, past performances, solvency, and others Often several documents must be prepared (balance sheet, income statement, cash flow statement) to inform creditors of the business status and financial conditions Together these reports afford a comprehensive model of the operations, liquidity, and the past and current operations of the business Creditors may also request pro forma or forward-looking... a budget for operations including targets for materials, and labor and overhead by product and/ or by operation These operating budgets are monthly projections and targets against which actual performance can and should be measured An overall report against the business plan should be prepared to ensure that the objectives set are being approached These reports can be generated based on standards showing... established for an area or a parcel Variances to restrictions may be petitioned for on an exceptional basis Often the nature, character, and use of parcels will change over time, bringing about updating and change to land use plans For example, with the growth of suburbs, land previously zoned agricultural may be changed to residential; some may change to commercial to accommodate malls, shopping areas, and business. .. were not shipped on time, which should include the reason for the problem There are generally a standard number of reasons, so the problem section of the report can be a simple matrix that lists the standard error at the top and a check mark in the underlying grid for each delayed shipment This is a sufficiently detailed amount of information for managers to use in conducting their own investigations... the company first learned of the lost business, the names of the salesperson and customer service person who were responsible for the customer, and the reason given by the customer for leaving The names of the two contact people are important to track, in case one or more of them have a history of losing customers The information in this report should be stored for at least a year, so that managers... transactions for discarded materials This information can be gleaned from the computer system by extracting the detail on these transactions—credits, adjustments, or scrap entries and summarizing them into a report that notes the type of error, the date on which it occurred, the amount of the error in dollars, and the reason for the error When the information in this report is summarized for a number... 0% 79% CP-03 0% 0% 0% 54% CCT-01 CCT-02 CCT-03 Group Subtotal Total for All Groups Candy Cane Twister 78% CP-02 54% 0% 0% 0% 0% 80% 79% 76% 85% 73% 72% CP-01 Candy Packager CW-01 CW-02 CW-03 Group Subtotal 52% 44% 20% 98% 100% 49% CE-03 52% 59% 67% 67% 65% 68% 15% 100% 100% 43% CE-02 Candy Wrapper 51% CE-01 Candy Extruder 67% CM-01 Candy Mixer 57% 0% 0% 0% 0% 82% 81% 75% 90% 83% 50% 99% 100% 55% 51%... lost customers, not who they are or why they left This information can be included in another report, such as the one shown in Figure 9.6 This is a more free-form document, since there may be lengthy explanations for losing a customer that cannot be readily included in a problem matrix format, such as the one shown in Figure 9.4 The standard information to include in this report is the name of the customer,... governments—cities and counties—have varying amounts of licensing and taxing authority These powers arise as a result of constitutional provisions, state statutes, county ordinances, special acts of state legislatures, and charters and municipal code provisions Some of these requirements may include: • Occupational licenses Counties and incorporated municipalities may be authorized to levy a tax for the privilege... Overlay Company Water Based Paints, Inc Honey Color Graphics Co Interior Design Associates Candy Stripe Artists Co Paint by Color Company Coordinated Label Company Customer Name Notification Date Lost Customers Report FIGURE 9.6 O Harmsen F Anderson D Schwandt H Davidson F Anderson O Harmsen D Schwandt O Harmsen F Anderson O Harmsen O Harmsen H Davidson H Davidson Name of Salesperson R Kontmann B Zeltmann . government has a short-form application for taxes of small U.S. corporations: Form 1120 -A, U.S. Short-Form Corporation Income Tax Return. In order to qualify to use the short form, the business must meet. mutual insurance company, or other company filing a specialized form. For more information, use the instructions for Forms 1120 and 1120 -A. If the corporation files a return on a calendar-year basis,. including targets for materials, and labor and overhead by product and/ or by operation. These operating budgets are monthly projections and targets against which actual performance can and should be