We hope you have had a wonderful holiday season and a great start to the New Year. As we plan for the 2022 tax season, we thought about sharing the key tax law changes that will impact individuals and small businesses. Major federal tax breaks were enacted in the 2020 & 2021 tax years, but most expired at the end of 2021. North Carolina also made some positive changes this year.

Millions of Americans lost their jobs due to the Covid-19 pandemic and received unemployment compensation. Many of them have received such compensation for the first time and are not aware that they owe federal and NC state taxes on such compensation. The unemployment compensation was funded by both State and Federal dollars and was administrated by the State employment agencies. Apart from the regular State UI, the compensation included a federally funder flat $600 / week compensation( The amount was reduced to $300/week after the program was extended in August 2020) The state employment agency that issued the payment will issue form 1099-G that will report the total amount of benefits paid to a claimant in the year 2020. This amount includes both federal and state UI compensation. The taxpayers should include this amount in their 2020 Income tax return. NC taxpayers can download form 1099-G through their online account at des.nc.gov where they applied for the unemployment benefits. Some lawmakers are urging the sponsor of the New COVID-19 Aid Package bill to include the federal tax relief for up to $10,200 of unemployment payments. Till that bill becomes the law, plan for paying tax on 100% of the employment benefits.

On December 21st, both the Senate and the House passed a massive government funding bill that will implement the provisions of the Consolidated Appropriations Act, 2021. It is a $1.4 trillion bill to fund the government until September 2021. The bill also includes economic stimulus provisions for the coronavirus pandemic. On the night of December 21 st , the House of Representatives added a few changes to the Senate’s version of the bill and sent it back to the Senate. The Senate approved the House amendment and the bill was presented to the President. After much deliberation, the President signed the bill into a law on the night of Dec 27th, 2020 It is a 5593-page bill, and it will take weeks to interpret all its provisions. Below is a summary of some of the key provisions/ tax policy changes that will impact the small businesses. Earlier this week, I had written another blog that summarizes the impact of this bill on small businesses Stimulus 2.0 passed – Key provisions impacting Individuals & Families Paycheck Protection Program (PPP) Tax Deductions This bill clarifies that the businesses can take tax deductions for expenses paid with forgiven PPP proceeds. PPP was originally introduced in March 2020 through the CARES Act. This act clearly mentions that forgiven PPP debt is not taxable, but it did not explicitly address the issue of tax deductions. The IRS in its notices and rulings stated that expenses paid with tax-exempt income are not deductible. This was not in accordance with the intent of congress which was to tax nothing related to PPP. The new act finally addressed the issue of deductions and it clearly states that deductions are allowed. The Second Round of PPP Businesses that have already received a PPP loan in 2020 under the CARES Act can apply for a second round of PPP loan as well. To qualify for this loan, the business should have less than 300 employees and they should have utilized the previous PPP loan and they should be able to demonstrate at least 25% reduction in gross revenue in any quarter in 2020 compared to 2019. Businesses that could not apply or were not eligible for first round of PPP can now apply under this new bill. Eligible new borrowers should have less than 500 employees. Food and Accommodation services businesses with NAICS codes starting with 72 and not for profit organizations should have less than 300 employees. These new borrowers should be able to demonstrate at least a 25% decline in revenue in any quarter in 2020 compared to the same quarter in 2019. Sole proprietors, independent contractors, eligible self-employed individuals, not for profit and churches are qualified to apply for the loan. PPP2 uses the same calculation formula as PPP1. The application deadline is March 31 st , 2021. Other important provisions related to PPP The new act repeals the requirement that PPP borrowers deduct the amount of any EIDL advance from their PPP forgiveness amount. With this provision, businesses will be able to retain up to $10,000 that they otherwise would have to return to the SBA, under the CARES Act. Under the new act the congress has asked the SBA to create, within 24 days, a simplified forgiveness application process for loans of $150,000 or less Business Meal Deductions Meal deductions for 2021and 2022 are 100% if the meal is provided by a restaurant. Employee Retention Credit The Employee Retention Credit, introduced under CARES Act, is a refundable tax credit against certain employment taxes. Eligible employers can get immediate access to the credit by reducing employment tax deposits they are otherwise been required to make. Under the CARES Act, a business could NOT take the ERC if it has received forgiveness on a PPP loan. This new legislation changes that and businesses can now claim ERC in addition to having a forgiven PPP loan. I will be providing more insights as more developments unfold in the days and weeks to come.

On September 4, Governor Roy Cooper signed into law the Corona virus Relief Act 3.0. This law has a provision to make a onetime payment of $335 to families of qualifying children. This payment is to help cover any virtual schooling and child-care costs. Individuals who reported at least one qualifying child on their 2019 North Carolina income tax return will receive the payment automatically. No other action is required from their side. It has come to NCDOR's attention that some tax preparation software incorrectly reported zero qualifying children on NC tax return for taxpayers who had reported and were were allowed federal child tax credit/s on their 1040. On their NC State tax return form D-400, line 10a (enter the number of qualifying children for whom you were allowed a federal child tax credit) the software reported 0 instead of transferring the number of child tax credits from form 1040. The rules set forth in the law bar the NCDOR from automatically issuing the grant to those affected taxpayers NCDOR is asking such taxpayers to file an amended NC State tax return that shows the correct number on line 10a of form D-400. The deadline to file amended return is 15th October 2020 NCDOR has not listed which tax software vendors have this error so anyone who has atleast one qualifying child and had used tax preparation software for filing 2019 tax return should check line 10a on their D 400 . If it's 0 , check the number of child tax credits on 1040 (Page1 , Dependents) and file an amendment accordingly Some Tax software may allow to amend and file just the state tax return but filing a paper return is not complicated either. Fill out D 400 and D-400-Sch-AM, attach your 1040 and mail that to NCDOR

On July 2, 2020, Governor Roy Cooper signed HB 118 Liability Safe Harbor, expanding the immunity protections created by a previous bill passed in May 20. The previous bill limited immunity protection to healthcare “providers” and “facilities,” “essential businesses” and “emergency response entities” with the protection for businesses and emergency response entities further limited to only claims by employees and customers. The new bill expanded civil immunity to all entities against all infection claims during the ongoing COVID-19 pandemic. The immunity provided by both laws, however, is limited to claims of ordinary negligence and will not shield persons or businesses from claims or acts arising out of gross negligence, willful or wanton conduct, or intentional wrongdoing https://www.ncleg.gov/Sessions/2019/Bills/House/PDF/H118v8.pdf

On March 27, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act. While the legislation introduced a broad range of relief measures CARES act, two programs – Paycheck Protection Program and Economic Injury Disaster Loan program, are the lifeline for Small businesses. Paycheck Protection program PURPOSE OF THE LOAN: Pay for payroll, mortgage, rent, utilities, healthcare and other debt financing costs ELIGIBILITY : Businesses including sole proprietorship and independent contractors with less than 500 employee that were in operations as of 1st March 2020, paid salaries and payroll taxes for employees and can provide a certificate in good faith that their business is negatively impacted due to COVID-19. Businesses are not required to prove that they cannot get credit elsewhere LOAN AMOUNT: Lesser of 2.5 months of average monthly cost of payroll, mortgage, rent, utilities, healthcare and other debt financing costs or $10 million. LOAN FORGIVENESS: Amount of loan money that is spent on paying for payroll, mortgage, rent, utilities, healthcare and other debt financing costs incurred is eligible for loan forgiveness. Money spent on other things like buying inventory will not be eligible for forgiveness LIMITS ON AMOUNT OF FORGIVENESS: The principal of the loan amount eligible for forgiveness will be reduced if employees are laid off or their salaries reduced INTEREST RATE: Maximum 4% interest will be charged for the loan amount that is not forgiven LOAN MATURITY: loan amount this is not cancelled will have to be paid back after 10 Years from the date on which the borrower applies for loan forgiveness Economic Injury Disaster Loan program This program is administered under provisions of section 7(b) of Small business act with expanded eligibility criterion and lowered restrictions. This loan will be administered through the states. The businesses with credit available elsewhere are not eligible for this loan. Also, the business must be in the designated area for Economic Injury Disaster Loan assistance. Check SBA.gov/disaster to see if your area is covered.

Here is a summary of some critical provisions for Families, Businesses and for promoting Telehealth that have been announced by congress and various federal & state agencies till date under the CARES act. Families and Individuals Stimulus Checks: Direct payment of $1200/adult + $500 / dependent child. Amount is limited by income. You should see these payments coming in starting 04/13 Federal employment compensation of $600/week. This in addition to state unemployment compensation. NC sill start releasing this payment by mid of week starting 04/13 Extension of 2019 tax filing date to July-20. Note that NC will start accruing interest on unpaid tax as of Apr-20 OTC medication can now be purchased without a prescription with monies from an HSA/HRA/FSA Menstrual care products can now be reimbursed from HSA/HRA/FSA Small businesses Payroll Protection program –Loan of amount 2.5 X of average monthly payroll to primarily fund payroll (75%) and rent, utilities, mortgage & business loan interest. Eligible for forgiveness Economic injury disaster loan: Up-to $2mn loan at 1% for working capital and forgivableloan of up to $10,000. Last date for application is 04/30 Extension of 2019 tax filing date to July-20. Note that NC will start accruing interest on unpaid tax as of Apr-20. You don’t need to file any form for extension Eligible employers can receive credit of 50% of qualified wages against 6.2% payroll tax. Excess credit is refundable i.e. IRS will refund cash. You can take either this or PPP but not both Defer payroll taxes Net operating losses for 2018, 2019 and 2020 can be carried back five years with no taxable income limitation. Based on your situation this could lead to cash refund from IRS Health care offices Forgivable loans for telehealth programs for eligible health care providers Telehealth conferences are now fully covered by policies without deductibles (including high deductible plans) Relaxed rules for providing remote health care services

The Department of the Treasury and the Internal Revenue Service issued Notices this month that any for person with a Federal income tax payment due date of April 15, 2020 , the due date for filing Federal income tax returns and making Federal income tax payments (including payments of tax on self-employment income) is automatically postponed to July 15. The term “person” includes an individual, a trust, estate, partnership, association, company or corporation. here is no limitation on the amount of the payment that may be postponed. The initial Notice 2020-17 had a cap- individuals can defer up to $1 million of tax liability and corporations can defer up to $10 million. The cap on the amount was removed in subsequent Notice 2020-18. So, what does this mean in practical terms for a taxpayer? If you have not yet filed your Federal return and paid your taxes you have time till 31-July-2020 to do the same. You do not need to file any form for this extension but if you need extension beyond 31-July-2020 you need to file forms 4868 or 7004. The period beginning on April 15, 2020, and ending on July 15, 2020, will be disregarded in the calculation of any interest, penalty, or addition to tax for failure to file Federal tax return. Any penalties that taxpayer owe to IRS as of 15-April-2020 will still be applicable when they file the return in July 2020. For example, if you did not pay sufficient estimated tax in 2019, the penalty for failure to pay estimated tax will still be applicable when you file federal tax return in July 2020. Should you wait till July 2020 to file your tax returns? Following considerations can help you make an informed decision IRS will continue to process refunds so taxpayers who are owed refunds should file as soon as possible and file States may or may not follow all the guidance from the IRS and you will have read your state rules very carefully. For example, North Carolina Department of Revenue recently announced that they will extend the April 15 tax filing deadline to July 15 for individual, corporate, and franchise taxes. Taxpayers will not be charged penalties if they file and pay their tax before the updated July 15 deadline. BUT the department cannot offer relief from interest charged to filings after April 15. Unless state law is changed, tax payments received after April 15 will be charged accruing interest over the period from April 15 until the date of payment. There was no indication in the IRS notices issued untill today about extending the due date for filing forms 1120S and 1065 for Partnerships, S Corps and LLC’s. The due date for filing these forms is still 16-March-2020

I received multiple queries about eligibility for the $1,200 federal stimulus money from people who are dependents or who are on work visa like H1B. Hopefully below explanation will provide answers to some of those questions. You are eligible if you 1) Are a US citizen or resident alien 2) Have a Social Security number that is valid for employment. If you are married and filing jointly BOTH spouses need to have SSN with one exception for member of U.S Armed forces 3) Cannot be claimed as a dependent by another taxpayer 4) Have adjusted gross income within certain limits. See my earlier posts on the income limits Dependents ---------------- Keep in mind that, from tax perspective, you are a dependent if somebody can claim you to be their dependent even if they have not actually claim that on their tax return. Whether you can be claimed as a dependent by somebody else is determined by rules based on age, relationship, your income, residency status and if you are pay for more than 50% of your living expenses. So if you are a US Citizen of more than 16 years of age , living with your family , earning less than $12,200 and if family is providing for more than 50% of your living expenses or you are in 4 year college and your family is proving more than 50% of you expenses you are a dependent on your family member and you are not eligible for the $1,200 stimulus money Work Visa holders like H1B -------------------------------------- Residency requirement: People with work visas are resident aliens if they fulfill substantial presence test. If you have been physically present in the US for at least 183 days in the year 2019 you meet the requirements SSN requirement: If you are filing jointly with your spouse BOTH spouses should have SSN that is valid for employment. Exception is granted only if either spouse is a member of U.S armed forces, then only one spouse needs to have SSN