Memphis Tax LadySM
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Serving Individuals and Small Businesses in the Tri-state Area
 
Frequently Asked Questions
Individual Tax Tips
Business Tax Tips
Ways to Help Avoid Audits
 
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TAX TIPS for BUSINESSES
1- Keep up with your records--especially if you are self-employed or have rental income.
A cash receipt lost can be a deduction lost.
 
2- Report all of your income--the first thing an auditor will want to see is your bank statements.
They can also find out how much you spend on bills, entertainment, etc., and do a "cost-of-living" audit.
 
3- Keep Mileage Logs--the government will allow you approximately 55 cents per mile for 2009 and 50 cents per mile for 2010.
Along with business mileage, mileage to go to the post office, bank, and other business locations are deductible, round-trip from your home or business location. However, an auditor will want to see your log; this can be as simple as a notebook, calendar (that had large blocks you can write in), etc. You are asked on your tax return if you have written proof of your mileage. Therefore, make sure you do.
 
4- Office in the Home Deductions - as more and more people are becoming self-employed after being laid off and/or cannot afford strip mall rent, this deduction is becoming even more popular. 
You need to have an "exclusive and regular" office-no beds, etc. Kitchen tables do not count. If you have a net profit after deductions and have this type of office, you can deduct a percentage of your household utilities, insurance, taxes, interest, house depreciation, and some types of repairs. If you have a loss, this deduction is either limited or has to be carried forward to the following year(s). However, if you sell this house, then you may have to recapture as income some of the depreciation deductions taken.
 
5- If you have hired or are thinking of hiring, please consider these IRS rules concerning employees vs. contract laborers:
 
  Do you (as the employer) have the right to direct or control how the work is done through instructions, training, or other means?
  Do you have the right to direct or control the financial and business aspects of the worker’s job?
  Do you have the right to control or direct not only what is to be done, but also how it is to be done?
 
If you answer these questions "YES", then your worker is probably an employee, and needs to be given a W-2, along with the appropriate taxes withheld and paid in to the government.
 
If you answer these questions "NO", then your worker is probably an independent contractor, and needs to be given a 1099 MISC by Jan 31 if you have paid him/her $600.00 or more during the year. You will need to obtain their Social Security Number and Address to complete this form.
 
Workers misclassified as independent contractors can cause you to end up with substantial tax bills- you can be forced to not only pay your part of the Social Security/Medicare bill, but theirs as well. Penalties will also be assessed. You may have an "agreement" with your worker, but that "agreement" can be null and void when your worker discovers he/she has to pay social security tax for being "self-employed". All they have to do is get their tax preparer to file an SS-8 form. The IRS will then determine if they are an employee or not based on THEIR answers to the above questions. Then, the IRS will contact YOU if you have misclassified them. Please do not subject yourself to this-if they are employees, then treat them as such.
 
Note: Memphis Tax Lady can prepare W-2’s and/or 1099 MISC’s if requested. Both need to be filed by Jan 31.