Key Tax Changes for 2024 Tax Season (Starts Today!)

Happy first day of tax season! We all know taxes can be a bit of a tangle, but fear not! I've put together a snapshot of the latest tweaks and updates to the tax code that could impact your 2023 tax returns. Consider this your go-to guide to stay on top of your tax game!

Riding Solo: Updates for Qualifying Surviving Spouses

If you've recently lost a spouse, you may be able to use the Qualifying Surviving Spouse filing status for two years after their passing. Keep in mind, there are specific criteria to meet, so make sure you check all the boxes before you file.

The Times They Are A-Changin': Digital is the New Virtual

Cryptocurrency buffs, pay attention! The IRS is freshening up its vocabulary—what was once "virtual currency" on your tax forms is now "digital assets." This means anything that's a digital representation of value (think Bitcoin and its friends) on that complicated stuff called a cryptographically-secured ledger. Don't forget, you'll need to spill the beans about any transactions involving these digital assets when you file.

Getting Paid in Crypto? Here's the Drill on Digital Asset Taxation

Celebrate or commiserate, if you're getting digital assets as payment for services, you've got to report the value in good ol' US dollars at the time you get 'em. Keep those virtual wallets in check!

Golden Years Tweaks: Required Minimum Distributions

Planning for retirement? Listen up! If you're reaching the ripe age of 72 after 2022, you don't have to start taking out those required minimum distributions (RMDs) until you're 73. Enjoy that extra year of compound interest!

Missed Your RMD? The Tax Man Lightens Up!

If you forget to take that RMD, the IRS has decided to play a bit nicer, cutting the excise tax from a hefty 50% down to 25%. And, if you're super quick to fix the miss, you might only be on the hook for 10% if it's related to an IRA.

Live Greener and Save: Energy Efficient Home Improvement Credit

Embracing energy efficiency could score you a nonrefundable tax credit up to $1,200 yearly for certain home upgrades. Just remember, there's a cap on how much you can claim for windows and such.

Drive Clean, Spend Less: Clean Energy Credits

Thinking about getting a heat pump or a biomass stove? You might snag a credit for 30% of the cost, up to $2,000. And for those of you eyeing a sparkly new clean vehicle, there's up to a $7,500 credit waiting, though there's fine print based on battery bits and your income.

Secondhand EVs Get Some Love Too

If you're going the pre-loved route with a used clean vehicle, you could get a credit of $4,000 or 30% of the sale price (for vehicles up to $25,000), depending on how much bread you're bringing in.

Remember, folks, these are just the highlights. There are a few more changes from our previous note, like updates to education savings bonds and health savings accounts—so be sure to check them out! And as always, if you're scratching your head or need a guiding hand, hit us up. We're here to help make sense of all the tax jargon and keep your wallet happy.

Until next time, stay savvy with those taxes!

Decoding the Differences in Entertainment Expenses for IRS vs. California

When it comes to deducting entertainment expenses for your business, understanding the contrasting rules set forth by the Internal Revenue Service (IRS) and the California Franchise Tax Board (FTB) is crucial to ensure compliant and optimized tax filing. Let's dive into these differences, paying close attention to the specific tests that determine the deductibility of such expenses in California.

IRS: Curtains Closed on Deductions

The Tax Cuts and Jobs Act of 2017 brought about significant changes to the deductibility of entertainment expenses. Under current IRS rules, deductions for entertainment, amusement, or recreation expenses are generally disallowed. This means that, regardless of whether the entertainment is associated with or directly related to the conduct of your business, the IRS won't be grabbing the bill.

California's Approach: Two Tests to Pass

In contrast, California still allows deductions for entertainment expenses, but with caveats. The expenses must meet either the "Directly-Related Test" or the "Associated Test," plus they're subject to a 50% limitation. Beyond these conditions, it's imperative to keep detailed documentation to substantiate your claim.

Directly-Related Test

A directly-related entertainment expense is one where business is primarily on the agenda. For example:

• A business meal with a supplier at a local restaurant can pass the test.

• Hosting business and civic leaders to promote your business or products creates an environment where entertainment can be considered directly related. Conversely, meetings in settings crowded with distractions (think nightclubs or sporting events) where business discussions are sidetracked do not qualify.

Associated Test

If your entertainment expenses don't neatly fit the directly-related criteria, fear not. They may fulfill the conditions of the "Associated Test" if:

• The entertainment is for a clear business purpose, like cementing an existing business relationship or courting new clients.

• It's conducted in proximity to a substantial business discussion, either before or after.

• There's a tangible business conversation or meeting, aiming to procure some business advantage or income. For instance, hosting entertainment on the same day as a business meeting generally counts as directly preceding or following the discussion.

What This Means for Your Business

The delineation between what's permitted by the IRS and what's allowed by the California FTB is stark. While the IRS has tightened the purse strings when it comes to entertainment deductions, California offers a lifeline, albeit with its own set of stringent tests.

As a business owner in California, it's essential to use these tests as a lens through which you view potential deductions for entertainment expenses. The burden to prove that your expenses are qualifiable rests squarely on your shoulders.

Keep Your Records in Check

Documentation is your best friend here. Ensure you hold onto every receipt and maintain detailed records of discussions and attendees, as these will be your proof should you face scrutiny. Remember that even when meeting the criteria, only 50% of these unreimbursed expenses are deductible.

Seek Professional Guidance

Given the complexities of tax laws and the varying treatments between the IRS and different states like California, it's beneficial to consult with tax professionals. We can help you navigate these waters, ensuring you don't miss out on any legitimate deductions while staying within the bounds of tax law.

Understanding these rules can give you an edge in financial planning, converting what might just seem like a fun outing into a strategic business expense. Always stay informed, compliant, and proactive when it comes to your taxes. Your business (and wallet) will thank you for it.

Understanding the Section 199A Safe Harbor for Rental Real Estate

As tax season unfolds, it's crucial for rental property owners to be aware of tax deductions that can significantly lower their tax bill. One essential tax provision – Section 199A – offers a deduction of up to 20% on qualified business income, including income from rental real estate. However, not all rental activities qualify as a "trade or business" under this section, leading to some confusion among taxpayers.

To clarify this, the IRS provides a safe harbor rule that, if met, assures the rental real estate enterprise is treated as a trade or business for the purposes of claiming the Section 199A deduction. Let's break down what this means for you and how you can ensure your rental activities qualify.

What is the Safe Harbor Rule?

The safe harbor is a set of criteria that, when met, automatically treats a rental real estate enterprise as a trade or business. Meeting these requirements is optional, but doing so provides certainty regarding your qualification for the Section 199A deduction.

Requirements for Qualification

To qualify under the safe harbor:

1. Maintain Separate Books and Records: Keep diligent financial records for each property or consolidated records if you own multiple properties.

2. Meet the 250 Hours of Rental Services Requirement: You must perform at least 250 hours of rental services per year. These services can include marketing, lease management, maintenance, and more. For enterprises older than four years, this requirement must be met in any three of the past five years.

3. Keep Contemporaneous Records: Document the amount of time spent on services, the description of the services, dates, and the identity of those who performed the services (whether yourself, employees, or contractors).

4. Include a Statement with Your Tax Return: Attach a detailed statement to your tax return each year you claim the deduction, outlining your rental activities and confirming that you meet the safe harbor requirements.

What Counts as Rental Services?

Qualifying rental services include a variety of operational tasks such as advertising, rent collection, property maintenance, and managing the real estate. However, financial management tasks like arranging financing or reviewing financial statements do not count.

Exclusions from the Safe Harbor

Some rentals do not qualify, such as those used as a personal residence or those under triple net leases where tenants assume responsibility for taxes, insurance, and maintenance.

How to Use This Information

If you're a rental property owner, evaluating your activities against the safe harbor requirements could mean a significant tax deduction. Start by reviewing your practices, bookkeeping, and record maintenance to ensure they align with the IRS guidelines.

By planning accordingly and possibly restructuring your operations, you might position yourself to take advantage of this valuable deduction, thereby lowering your taxable income.

The Bottom Line

Qualifying for the Section 199A deduction can lead to tangible tax savings. Although the safe harbor is not mandatory, it provides a clear pathway to ensure your rental enterprise is recognized as a trade or business. As you navigate this tax season, consider if your rental activities meet the standard set by the IRS and take appropriate steps to leverage this opportunity.

Please note that this information is current as of the publication date. Always consult with Schwartz & Schwartz for advice tailored to your specific situation.

Understanding OSHA's Form 300A

As we step into the new year, it’s time for employers to focus on a significant OSHA obligation – the annual Form 300A posting and the upcoming deadlines for electronic reporting.

What is OSHA Form 300A?

OSHA Form 300A is the Summary of Work-Related Injuries and Illnesses that employers are required to complete and post annually. This form provides a year-end snapshot of the health and safety incidents that occurred within a workplace.

Who Needs to Post Form 300A?

Starting on February 1, and running through April 30, employers that had 11 or more employees at any point in 2023 must post the Form 300A, except those in certain low-risk industries. This is a non-negotiable requirement — even if your business had zero accidents last year, you’re not off the hook.

The form must be filled out, certified by a company executive, and displayed in an area where you typically put notices to your employees. Not sure if you're exempt? The full list of low-risk industries, sorted by their North American Industry Classification System (NAICS) codes, can help you determine that.

Electronic Submission of Form 300A by March 2

There's also an electronic reporting obligation for larger establishments. If you had 250+ employees last year, or 20-249 employees in certain industries deemed high-risk, you must submit your Form 300A data online through OSHA’s Injury Tracking Application (ITA) by March 2, 2024. The size criteria here refer to employee counts at each specific establishment, not your company as a whole.

However, not everyone needs to submit electronically. If you’re exempt from routine recordkeeping, had fewer than 20 employees throughout last year, or aren’t in a high-risk industry (with 20-249 employees), you can breathe easier — OSHA doesn’t need your Form 300A online.

What’s New? Forms 300 and 301 Electronic Submission

For the first time, there are some new additions to the bunch. If you're a business in high-hazard industries with 100 or more employees, you’re also required to submit Forms 300 (Log of Work-Related Injuries and Illnesses) and 301 (Injury and Illness Incident Report) through the ITA, alongside the Form 300A.

Businesses under federal OSHA's jurisdiction can use the ITA Coverage Application to find out if they need to submit electronically. Meanwhile, those operating under federated State Plans ought to check in with their State Plan for specific electronic reporting instructions.

The OSHA website is a treasure trove of further information, FAQs, and can guide you through the Injury Tracking Application if you're feeling lost.

Key Takeaways

• Post Form 300A from February 1 to April 30 if you had 11 or more employees in 2023.

• Electronically submit Form 300A by March 2, 2024, if you're a larger or high-risk establishment.

• New requirement for selected industries: submit Forms 300 and 301 electronically in addition to 300A.

• Utilize OSHA’s resources for guidance and support throughout the process.

Remember, it’s not just about ticking a compliance box; it's about being transparent regarding workplace health and safety — a priority that benefits us all. Whether you’re posting physically or reporting electronically, staying informed and on schedule with OSHA requirements helps ensure a safer workplace and can shield your business from potential fines and penalties.

Ready to post or submit? We can help!

California's New Employment Credit: A Boost for Your Business

Greetings, entrepreneurs and business owners! Are you ready to turn the hiring dial up a notch and get rewarded for it? Today, we're diving into California's New Employment Credit (NEC)—a golden ticket for eligible businesses that not only supports growth but also puts some tax savings back in your pocket.

What Is the NEC? The NEC is a tax credit for businesses in specific industries and areas of California. It's designed to reward companies that hire qualified full-time employees and pay them well. The credit applies to hires made in what's known as a Designated Geographical Area (DGA).

Who's Eligible? Let's talk about the exciting part! The NEC now welcomes more businesses under its umbrella, thanks to recent amendments. Are you in semiconductor manufacturing or research, electric airplane manufacturing, lithium production, or lithium battery manufacturing? You may just be in luck. These sectors, nicknamed SEAL businesses, are the new kids on the block for this tax credit.

Understanding the SEAL Details

• Semiconductor Businesses: If you're applying for federal CHIPS Act funding, listen up.

• Electric Plane Makers: Got a sales and use tax exclusion as an eVTOL manufacturer? This is for you.

• Lithium Pros: If you're all about Lithium, as defined by California laws, join in.

• Lithium Battery Makers: Lithium batteries are your thing? If they make up 50% of your business, welcome aboard.

The No-Gos Certain businesses, like temporary help services or retail trade, typically don’t qualify—unless they’re small businesses with gross receipts under $2 million in California for the prior tax year.

How Does It Work? The mechanics are straightforward. If your business operates within the DGA and hires qualified employees, you could be due for some credit. But first, grab a Tentative Credit Reservation (TCR). It's like saving your seat at the tax credit table.

• It's all about timing: You've got 30 days from when you hire to get that TCR. No rush, but...actually, yeah, a bit of a rush.

• Pay well: We're talking more than 150% of California's minimum wage.

• Play the long game: Your new hire could keep earning you credits for a good five years—excellent value!

Crunching Numbers: How Much Will You Get? Calculate your credit based on the qualified wages paid over the standard minimum wage, and apply a lovely 35%.

To keep it real, let's walk through a hypothetical. Meet Bob's Tech Innovations, hiring two tech wizards in 2023. One's a rockstar coder; the other’s an AI whiz. They pay them above the 150% minimum wage threshold and, voilà, grab a tentative credit reservation. If Bob's company keeps increasing its workforce, the full credit could be theirs. Less hiring means a portion, and no increase means "better luck next time, Bob."

Hiring in California could now be as rewarding as it is strategic. Whether you're just curious or seriously scrutinizing your industry's eligibility, the NEC could be the surprise benefit you didn't know you had. Have you hired recently? Are you planning to? It might just be time to make that strategic employment leap and save some tax while you’re at it!

Ready to put the New Employment Credit to work for your business? Connect with us today and discuss your eligibility—you never know just how beneficial this credit could be for you!

Understanding the Augusta Rule for Tax-Free Income

Ever heard of the Augusta Rule? This little-known tax strategy could let you pocket some extra cash, tax-free, just by renting out your home for a short time each year. Here's the scoop on how you can benefit from this rule.

What is the Augusta Rule?

Named after the city where the Masters Golf Tournament is held, the Augusta Rule refers to a special provision in the tax code that allows homeowners to rent out their property for up to 14 days each year without having to report the income on their tax return. That's right—this rental income is completely tax-free!

How Does the Augusta Rule Work?

Under normal circumstances, renting out your home comes with reporting rental income and expenses. But if you rent your home for less than 15 days throughout the year:

• You don't report the rental income.

• You don’t deduct any rental expenses.

• You continue to deduct your mortgage interest and property taxes on Schedule A, if you itemize.

Who Can Use the Augusta Rule?

Anyone can take advantage of this rule, but it's particularly appealing for those who live near event venues, conference centers, or sports arenas. Events bring in visitors who need places to stay, making your home a potential hotspot!

Things to Keep in Mind

• Limitations on time: Ensure you don’t exceed the 14-day rental period. Anything more, and you're back to regular rental income rules.

• Usage as a residence: You must use your dwelling as a residence. If you're renting your home while you're on vacation, that counts!

• Fair Market Rent (FMR): If you rent to family or friends for a lower-than-average rate, that might not qualify. Be sure to rent your property at fair market value for those days.

Benefits Beyond the Golf Course

You don't need a golf tournament in town to benefit from the Augusta Rule. This tax strategy can be used for any occasion where your home becomes a short-term rental, like major concerts, festivals, or even when you're out of town.

Smart Strategies for Homeowners

For savvy homeowners, especially those in popular destinations or event towns, this rule is an excellent way to earn extra income without the tax headache.

The Bottom Line

The Augusta Rule could be a valuable addition to your financial toolkit. Rent your home, collect the income, and enjoy the tax break. But as with all things tax-related, details matter. Make sure to check the latest tax regulations or consult with a tax professional to see how the Augusta Rule can work for you.

And who knows? Maybe your home will be the next hotspot for out-of-town guests looking for a place to stay!

Understanding 1031 Exchanges: A Smart Tax Deferral Strategy

Are you thinking about selling your investment property? Hold that thought and consider a powerful tax tool known as the 1031 exchange. This strategy can allow you to defer taxes when you sell your property and reinvest the proceeds into a new one. But what does this really mean, and how does it work? Let's break it down.

What Is a 1031 Exchange?

A 1031 exchange, named after Section 1031 of the U.S. Internal Revenue Code, is a swap of one investment property for another. While most swaps are taxable as sales, if yours meets the requirements of 1031, you'll either have no tax or limited tax due at the time of the exchange.

The Basics of a 1031 Exchange

In a regular property sale, you pay taxes on any gain from the sale. However, with a 1031 exchange, you can delay these taxes indefinitely. This is because the IRS considers the new property as a continuation of the old one.

What Properties Qualify?

The term "like-kind" may seem a bit confusing at first, but it's actually pretty straightforward. Like-kind properties are simply those that are of the same nature or character. Your city apartment could be like-kind to a ranch in the countryside. Keep in mind, properties must be within the United States to qualify.

What's Changed Recently?

There have been some changes you should know about. Since December 2, 2020, 1031 exchanges only apply to real property, like land and buildings, not to personal or intangible property like machinery.

How Do Deferred Exchanges Work?

Most 1031 exchanges are delayed, meaning you sell your property first and then acquire a replacement property later. But watch the clock: you have just 45 days post-sale to identify potential new properties and 180 days to close on the new property.

Special Terms Explained

• Qualified Intermediary (QI): This is the middleman who holds the cash after you sell your property and uses it to buy the replacement property for you. Without a QI, the 1031 exchange doesn't work.

• Incidental Property: Sometimes, your new property comes with some extra, non-like-kind stuff – maybe furniture in an apartment building. As long as it's not worth more than 15% of the property value, it's okay for the exchange.

Common Misconceptions

• Flipping properties: Properties held primarily for sale (flipping) don't qualify for 1031 exchanges.

• Personal use properties: Sorry, your personal residence doesn't qualify for a 1031 exchange.

What Happens If You Want Out or Switch Strategies?

If you decide to eventually "cash out" or move to a different investment strategy, you'll need to pay the accumulated deferred tax.

Who Should Use a 1031 Exchange?

Real estate investors looking to grow their portfolios without the immediate tax hit can benefit greatly from 1031 exchanges. It's like upgrading your investment without paying a penalty.

The Takeaway

1031 exchanges can be complex, but they offer fantastic tax advantages for savvy investors. Always work with a professional who can guide you through the details to ensure you're meeting legal requirements.

Final Notes

Remember, while we're discussing tax matters here, this guide is for informational purposes only, and laws can change. Always consult with a tax advisor or real estate professional before proceeding with a 1031 exchange.

Demystifying the Real Estate Professional Rule for Tax Purposes

Navigating the nuances of tax regulations can be daunting, particularly when it comes to understanding the passive activity rules and rental real estate. If you’re involved in real estate, you may have heard the term "real estate professional" in tax discussions and wondered how it applies to you. Let's simplify this concept and see how qualifying as a real estate professional could influence your tax situation.

What is a "Real Estate Professional"?

In the realm of taxes, most rental activities are considered passive, which means any income or losses from these activities don't mix with regular income from jobs or active businesses. However, for those who qualify as a "real estate professional," the game changes. Your rental real estate activities in which you're heavily involved are treated as non-passive, potentially allowing you to offset passive losses against other types of income, like wages from your W-2.

The Two Key Qualifications

To be considered a real estate professional, you must satisfy two main requirements within a tax year:

1. Majority Work in Real Estate: More than half of the personal services you perform in all trades or businesses must be in real property trades or businesses in which you actively participate.

2. Minimum Hour Requirement: You must perform more than 750 hours of services during the tax year in real property trades or businesses in which you actively participate.

Remember, services you perform as an employee only count if you own at least 5% of the business.

Types of Real Estate Services

The definition of what falls under real property trades or businesses is broad. It includes activities like developing, acquiring, converting, renting, managing, or brokering real estate. For closely held corporations, they can qualify if more than 50% of their gross receipts come from these types of real estate activities in which they materially participate.

The Material Participation Rule

Even if you qualify as a real estate professional, each rental property is considered separately for determining active involvement unless you opt to treat all your rental real estate interests as one single activity. This choice could simplify your tax life considerably and allow for an easier way to meet the active participation standards.

Tax Benefits for Real Estate Professionals

Beyond changing the nature of your income from passive to non-passive, qualifying as a real estate professional may offer other tax advantages. This classification can help shield some of your income from the self-employment tax and the net investment income tax, which could prove beneficial come tax time.

The Bottom Line

Proper documentation of your hours and services can make or break your qualification as a real estate professional. Detailed records are your best friend if you want to claim the tax benefits associated with this status. Without them, it's challenging to prove you meet the stringent IRS criteria, leading to missed opportunities and potential issues.

Understanding these rules and regulations can be complex, so it's often wise to seek the guidance of a tax professional. Armed with the right knowledge and expertise, you can navigate the tax seas like a seasoned captain, ensuring that your real estate endeavors work as favorably for you as possible under the law.

New Corporate Transparency Act Requirements: A Quick Guide for Businesses

As we step into a new era of business transparency, an important piece of legislation – the Corporate Transparency Act (CTA) – is knocking at our doors. Effective January 1, 2024, the CTA ushers in a new wave of filing obligations for many business entities. Here's what you need to know in a nutshell:

What Does CTA Mean for Your Business?

If you're setting up a corporation, a limited liability company (LLC), or other types of entities after January 1, 2024, you'll be classified as a "reporting company." This label comes with a responsibility: you must submit a beneficial ownership information (BOI) report to the Financial Crimes Enforcement Network (FinCEN), a division of the Department of the Treasury, within three months of your company's formation.

Don't worry - if your company existed before 2024, you're not off the hook, but you do have a bit more time. Your BOI report is due by January 1, 2025 (though aiming for December 31, 2024, might keep you ahead of the holiday rush).

Exemptions to the Rule

Some companies get a pass. For example, larger operating companies employing more than 20 people and boasting incomes over $5 million are exempt. There are also other specialized exemptions.

Filling Out the BOI Report

To comply, you'll need to provide specific details for each "beneficial owner" of your company in the BOI report. That includes:

• Full name

• Date of birth

• Address

• ID number and a copy of the ID itself

"Beneficial owners" are individuals who either own at least a quarter of the company or hold significant sway over the business operations.

The BOSS System – Your New Reporting Platform

Submission is digital and user-friendly, thanks to the BOSS system – the Beneficial Ownership Secure System – and comes at no extra cost.

Why Is This Important?

The data from BOI reports is a valuable asset in the fight against illegal activities like money laundering and terrorism. Rest assured, this information is strictly for government eyes and won't be available to the general public.

FAQs and Answers

As with any new regulation, questions abound. Here's a brief rundown:

• Own an LLC for your rental property? File a BOI.

• Have 10 LLCs? Prepare 10 BOI reports.

• Can accountants and similar professionals assist with your filings? It's currently a gray area.

• Should your registered agent handle the filing? No, that’s on you.

• Are you self-employed? No need to file a BOI.

• Is a street address required? Yes, indeed.

• Should you list your Social Security number? Nope.

• What about including your attorney’s details? That's a maybe.

• A beneficial owner departed? Time to update your BOI report.

• Got minor children involved in the business? They're not required on the BOI.

• Will criminals comply and submit BOI reports? That remains to be seen.

The points above cover just the basics. If you're thirsty for more knowledge or have unique circumstances, don’t hesitate to reach out to our office. We're here to steer you through the winding rivers of compliance and ensure that your reporting is as smooth sailing as possible.

FUTA Credit Reduction for California Employers

An important update has emerged that affects the Federal Unemployment Tax Act (FUTA) credit for California employers, and I wanted to ensure you're aware of the implications for your business. Here's a succinct summary of the situation:

Background on FUTA Credit Reductions:

• Employers in states with outstanding Title XII advances for two or more consecutive years as of January 1, and who still have balances on November 10, face a reduction in their FUTA tax credit.

• An additional credit reduction applies if advances are outstanding on five or more consecutive January 1 and have a balance on November 10, unless certain state conditions for waiver are met.

2023 Status for Affected States:

• California and New York did not repay their outstanding advances by November 10, 2023, resulting in a FUTA credit reduction of 0.6% for employers in these states for 2023.

• Connecticut and Illinois successfully repaid their outstanding advances before November 10, 2023, so their employers are not subject to the FUTA credit reduction for 2023.

• The US Virgin Islands have had outstanding advances for multiple years but obtained a waiver for the additional credit reduction. Nevertheless, employers in the USVI will face a standard FUTA credit reduction of 3.9% for 2023.

For California specifically, this means:

FUTA Credit Reduction for California:

• Employers in California will experience a reduction of 0.6% in their FUTA tax credit for the year 2023.

• This reduction arises from the failure to repay outstanding advances before the cutoff date of November 10, 2023.

This credit reduction will affect the overall FUTA tax liability for your business, potentially resulting in a higher tax due on your FUTA return. It's important to adjust your payroll tax calculations accordingly and prepare for this change when completing your end-of-year tax filings.

If you require clarification on these changes, need assistance with your FUTA tax calculation, or have any other tax-related inquiries, our team is readily available to assist you.

New Corporate Alternative Minimum Tax (AMT) Requirements

As we move into the new year, I would like to inform you about the latest requirements for the Corporate Alternative Minimum Tax (AMT) established by the Inflation Reduction Act of 2022. To assist in your tax preparation and planning, here is a summary of the critical aspects of the corporate AMT based on IRS announcements:

Form 4626 for Corporate AMT:

• The IRS has released a draft Form 4626, designated for calculating the corporate AMT for the 2023 tax year.

• All corporations, unless excluded, must file Form 4626 with their tax returns to assess whether they are an "applicable corporation" for the AMT, and to calculate the AMT due, if applicable.

Safe Harbor and Simplified Method:

• Draft instructions detail a safe harbor, simplified method for determining if a corporation is affected by the AMT.

• Corporations not classified as "applicable corporations" under this safe harbor do not need to file Form 4626 for the first tax year post-2022.

Filing Exclusions:

• Certain entities such as S corporations, regulated investment companies, and real estate investment trusts are excluded from filing the Form 4626.

Corporate AMT Thresholds:

• The corporate AMT imposes a 15% minimum tax on the adjusted financial statement income (AFSI) of corporations with over $1 billion in AFSI.

• For companies with foreign parents, an additional $100 million income threshold applies.

Interim Rules and Guidance:

• Several notices have provided interim rules and guidance, which taxpayers can rely upon for a limited time, including the 2023 tax year.

• These notices include initial applications of the corporate AMT, interim guidance on insurance-related issues, relief from certain underpayment penalties, and additional applications of the corporate AMT.

It's essential for your corporation to review these new AMT requirements and understand how they may impact your tax obligations. If your corporation has substantial AFSI, it's crucial to determine whether you fall within the scope of the new AMT and prepare accordingly.

If you have any questions about the new corporate AMT, or if you need assistance with tax preparation, our team is ready to help. Please reach out for support in navigating these changes.

California Minimum Wage

California is set to implement statewide wage increases that will affect businesses across various sectors. It's crucial to stay informed about these changes to ensure compliance and proper compensation for your employees. Below is a summary of the upcoming minimum wage increases:

Statewide Minimum Wage Increase:

• Effective January 1, 2024, the California state minimum wage will rise to $16 per hour for employers of all sizes.

Minimum Salary for Exempt Employees:

• With the increase in minimum wage, the minimum annual salary for exempt employees will be $66,560 from January 1, 2024.

Local Living Wage Ordinances:

• Various "living wage ordinances" have been adopted in several locales within the state. Businesses should verify local wage standards to ensure full compliance with jurisdiction-specific requirements.

Special Provisions for Computer Professionals:

• Exempt computer professional employees are required to be compensated with a minimum of $55.58 per hour or an annual salary of $115,763.35.

Sector-Specific Minimum Wage Increases:

• For the fast food industry, a separate minimum wage increase will come into effect on April 1, 2024.

• Healthcare facility employers will experience a minimum wage increase on June 1, 2024.

It is imperative for your business to prepare for these wage adjustments to maintain compliance and ensure fair compensation for your team. If you need further guidance on the new minimum wage regulations or assistance in adapting your payroll procedures, please don’t hesitate to contact us.

CalSavers Mandate

CalSavers is a state-run retirement program for private-sector workers, which aims to facilitate saving for retirement, especially when an employer does not offer a retirement plan. Here's what you need to know:

Key Points About CalSavers:

• No Cost to Employers: There are no fees for employers to participate, nor is there any requirement for employer contributions.

• No Fiduciary Liability: Employers do not have fiduciary responsibilities with respect to the program.

• Mandatory Registration: Employers with 1 or more employees that do not offer a retirement plan must register with CalSavers by December 31, 2025.

Registration Deadlines:

• Businesses with over 100 employees: Deadline passed on September 30, 2020

• Businesses with over 50 employees: Deadline passed on June 30, 2021

• Businesses with 5 or more employees: Deadline passed on June 30, 2022

• Businesses with 1 or more employees: Deadline is December 31, 2025

For New Businesses or Changes in Business Size:

• Businesses that become newly eligible (e.g., by employing five or more individuals) or cease to sponsor their retirement plans must register by the end of the relevant calendar year.

Additional Information:

• Further details on state laws, employer mandates, and specific deadlines are available through the program's resources.

It is imperative to fulfill this mandate by the specified deadline if it applies to your company. Late registration could result in penalties or compliance issues.

If you require assistance with the registration process or more information on how CalSavers can benefit your employees, please do not hesitate to reach out to us.

2024 Important Due Dates

Ensuring timely compliance with tax filing dates and various financial obligations is crucial for effective personal and business financial management. Here’s an easy-to-follow timeline highlighting the key filing events and important dates for 2024:

Mid-January:

• The IRS typically opens its tax filing season. Note that refunds for certain credits may not be issued until mid-February.

January 16:

• 4th Quarter Estimated Tax Payment Due for income earned from Sept. 1 to Dec. 31 of the previous year.

January 31:

• W-2 Distribution Deadline for employers to provide employees with their W-2 forms.

• 1099 Distribution Deadlines for various returns like the 1099-NEC, 1099-K, and 1099-INT.

February 15:

• Form W-4 Deadline for employees claiming tax-exempt status.

• Additional 1099 Deadlines involving informational returns such as 1099-Bs and 1099-MISC.

April 15 - Tax Day:

• Federal Tax Filing Deadline. Filing for a tax extension on this date only extends the time to submit, not to pay what is owed.

• HSA and IRA Contribution Deadline for the previous tax year.

• 1st Quarter Estimated Tax Payment Due for income earned from Jan. 1 to March 31.

June 17:

• 2nd Quarter Estimated Tax Payment Due for income earned from April 1 to May 31.

• Tax Deadline for Americans living abroad to file their taxes.

Mid-July:

• Final opportunity to file a tax return for a refund on a prior-year return (up to three years back).

September 16:

• 3rd Quarter Estimated Tax Payment Due for income earned from June 1 to August 31.

October 15:

• Tax Extension Deadline for submitting returns if an extension was filed in April.

• Deadline for contributions to SEP, Simple IRA, and Solo 401(k) if an extension was filed.

December 31:

• 401(k) Contribution Deadline for qualified contributions for the current tax year.

• RMD Deadline for required minimum distributions.

• Charitable Donations Deadline for itemizing deductions.

Please mark these dates in your calendar to remain proactive in your tax and financial responsibilities. Our team is here to provide support through these processes and to clarify any details you may find perplexing.

Fast-Food Minimum Wage Increase to $20/hour (AB 1228)

Assembly Bill (AB) 1228 has enacted significant changes, including establishing a $20 per hour minimum wage for fast food workers. Please find a concise summary of the bill's key points below:

Minimum Wage Increase for Fast Food Workers (AB 1228):

• Commencing April 1, 2024, fast food employees in California will be entitled to a minimum wage of $20 per hour.

• This minimum wage is set to rise each year up to and including the year 2029, with the exact annual increases to be determined.

Establishment of the Fast Food Council:

• Alongside the minimum wage provision, AB 1228 introduces the creation of the Fast Food Council.

• Starting in 2024, this council is expected to play a pivotal role in making recommendations for broader workplace conditions within the fast food sector.

This new law is a milestone in California's efforts to enhance worker compensation within the fast food industry. It highlights the need for employers in this sector to plan ahead for the new minimum wage structure and any forthcoming recommendations that may emerge from the newly established Fast Food Council.

If your business falls under the scope of this new law, it is essential to prepare for these changes, particularly in terms of payroll adjustments and budgeting. Our firm is ready to assist with any questions you may have about this new bill or help with the implementation of the necessary changes to your practices.

Please don't hesitate to reach out for further assistance and support.

Off-Duty Cannabis Use and Drug Test Results (AB 2188, SB 700)

Below you'll find summaries of Assembly Bill (AB) 2188 and Senate Bill (SB) 700, which address employment discrimination and drug testing.

Protection Against Discrimination for Off-Duty Cannabis Use (AB 2188):

• Effective January 1, 2024, AB 2188 makes it unlawful for employers to discriminate against job applicants or employees based on their off-duty use of cannabis or the presence of nonpsychoactive cannabis metabolites in certain drug test results.

• Employers cannot penalize individuals based on hair, blood, urine, or other body fluid tests that indicate the presence of nonpsychoactive cannabis compounds.

• This law does not permit cannabis use or possession in the workplace and does not restrict employers from maintaining a drug- and alcohol-free environment.

• Employers can still use valid, scientifically backed drug screening methods that do not detect nonpsychoactive cannabis metabolites.

• AB 2188 grants exemptions, for example, for employees in the building and construction industry.

Expanded Protection Under Fair Employment and Housing Act (SB 700):

• SB 700 enhances protections under California's Fair Employment and Housing Act by prohibiting hiring discrimination based on an applicant's prior cannabis use, with specific exceptions.

• Employers cannot inquire about a job applicant's past cannabis consumption.

• Additionally, it is unlawful for employers to utilize criminal history information related to prior cannabis use in their employment decisions, barring situations where state or federal laws allow for such consideration or inquiry.

With these laws, California progresses towards greater privacy and nondiscrimination for individuals who use cannabis away from their workplace. As an employer, it's essential to review your company's hiring and drug testing policies to ensure compliance with these updates.

If you need assistance in understanding these new requirements, wish to update your policies, or have any questions, please feel free to reach out to us for guidance and support.

Workplace Violence Prevention Program (SB 553)

Starting July 1, 2024, California will be enforcing a new regulation mandating employers to establish comprehensive workplace violence prevention plans. Senate Bill (SB) 553 introduces specific obligations, which are detailed below for your convenience:

Workplace Violence Prevention Plan Requirements (SB 553):

• Violent Incident Log: Employers are required to document any instances or threats of violence in a dedicated log, ensuring incidents are systematically recorded and addressed.

• Employee Training: All employees must receive training related to workplace violence prevention, enabling them to identify risks and follow proper procedures to mitigate them.

• Record Maintenance: Employers must keep thorough records concerning their workplace violence prevention plan. These records will be crucial for both compliance and in enhancing the effectiveness of the plan.

The implementation of these plans can be within an employer's existing injury and illness prevention program or as a standalone document, depending on the employer's preference.

This policy change underscores the importance of employee safety and the active management of risks associated with workplace violence. Employers are encouraged to comply with these new requirements to ensure a safer and more secure working environment for all employees.

We are here to assist you in developing a compliant workplace violence prevention plan, including providing the necessary employee training and helping set up a reporting and record-keeping system.

If you require our services or need further advice on this matter, please don't hesitate to contact us.

Reproductive Leave Loss for Employees (SB 848)

We wish to inform you about a significant update to employee leave entitlements in California: Senate Bill (SB) 848, which addresses unpaid leave following a reproductive loss event. Here's a clear summary of what you need to know about this compassionate measure:

Unpaid Leave for Reproductive Loss (SB 848):

• SB 848 grants eligible employees the right to take up to five days of unpaid leave for a "reproductive loss event."

• To be eligible, employees must have been employed by a business with five or more employees for at least thirty days before starting their leave.

Definition of Reproductive Loss Event:

• The law characterizes a "reproductive loss event" as any of the following occurrences:

  • A failed adoption process

  • An unsuccessful surrogacy agreement

  • A miscarriage

  • A stillbirth

  • An unsuccessful round of assisted reproduction

• The leave is available on the day of such an event, or for an event extending over multiple days, it is available on the final day of the event.

This legislation represents a considerate approach to supporting employees through challenging personal times. It is important for employers to adjust their HR policies accordingly to accommodate staff facing these sensitive circumstances.

If you have any questions on how to implement this new provision for leave or would like further clarification on the law, please don’t hesitate to reach out to our team for support.

Noncompete Agreements and Notice Requirements (SB 699, AB 1076)

Here’s a straightforward summary to help you understand the implications of Senate Bill (SB) 699 and Assembly Bill (AB) 1076:

Prohibition of Noncompete Agreements (SB 699):

• Employers are prohibited from entering into, or enforcing, noncompete agreements with employees.

• All noncompete agreements are declared void in California, irrespective of where the employee was working at the time the agreement was initiated or the location where it was signed.

Notification Requirements (AB 1076):

• Employers are now required to provide written notification to current and certain former employees (those employed after January 1, 2022) by February 14, 2024.

• This notification must inform them that any noncompete agreements they entered into are no longer valid and enforceable under California law.

These developments mark an important shift ensuring greater mobility and freedom for employees in their professional choices. It is crucial for your business to comply with these legal updates to avoid any legal complications.

If you have any noncompete agreements in place or questions about these legislative changes, it's imperative to take immediate action. Please feel free to contact us for guidance on next steps or for any additional information you might need.

Paid Sick Leave (SB 616)

Below, you'll find an easily understandable summary of the new paid sick leave law, Senate Bill (SB) 616, which enhances the provisions set by the Healthy Workplaces, Healthy Families Act of 2014.

Enhanced Paid Sick Leave Entitlement:

• As per SB 616, employees are now entitled to five days, or a total of forty hours, of paid sick leave annually. This is an increase from the previous entitlement of three days or twenty-four hours.

Options for Accruing Sick Leave:

• Employees may continue to accrue paid sick leave at a standard rate of one hour for every thirty hours worked.

• By the 200th day of employment, employees must be able to accrue the full forty hours.

• Employers must ensure that at least twenty-four hours of paid sick leave are available to employees by their 120th day of employment.

• Alternatively, employers have the option to "frontload" the total amount of paid sick leave at the beginning of each year.

Increased Limits for Annual Usage and Accrual:

• The new limit for an employee’s annual use of paid sick leave has risen to forty hours, from the previous cap of twenty-four hours.

• Employers may now set an accrual cap at eighty hours or ten days — an increase from the former limit of forty-eight hours or six days.

These changes reinforce California's commitment to supporting employees’ well-being while providing employers with clear guidance on paid sick leave benefits. It’s essential for employers to understand and integrate these adjustments into their payroll and HR operations.

Should you have any questions or require assistance implementing these new regulations, please don’t hesitate to reach out for support.