...When the Federal Government Gets Hold of it!
As a general rule, it is usually in the tax payers disadvantage
when the Government gets involved in what is a valid business expense
and what is not a valid business expense. For example, club dues are
no longer deductible thanks to the 1993 Tax Reform bill. Then there
was the disallowance of 50% of the deductibility of restaurant meals.
Where do all these expenses hit the tax payer? You guessed it, right
in the pocket book. By disallowing these expenses they increase your
net income of the business, you are paying additional taxes to the government.
Another area where the Government is looking very closely at is
"start up expenses." The typical business incurs cost of organizing and starting
up the business, but these expenses are not deductible. These expenses must be capitalized
and amortized over a minimum of 5 years. A good tax planning idea is to make the election
to amortize start up costs, because the government does not allow you to go back and elect
to amortize these start up expenses if they audit you. They may decide certain of your
expenses in your first year of business relate to starting the business and will disallow
the expenses. If you did not make the election, you would lose these deductions.
The key to limiting the amount of "start up expenses" that must
be capitalized and amortized over a minimum of 5 years is to start generating revenue as
quickly as possible. Usually, the government stops the clock on counting "starting up
expenses" after the first sale. The start of your business may be sooner than your
first sale, but this is a common benchmark for the beginning of your business.
A major problem or a major source of revenue for the government is
declaring your expenses to be "start up expenses" and disallowing your expenses.
The major source of revenue is created because these "start up expenses" may
have created a net operating loss which may become net operating income. If you have
income, you have tax due, and if you have tax due, you have interest and penalties owed to
the government. This is why it is so important to properly elect to amortize your start up
expenses.
The key to avoid this tax trap is to properly elect your start up
expenses. You need to find an accountant as soon as you decide you may want to start your
new business. The key is to find a CPA before you start your business and not after a year
or two of operating your business. Good CPA's will easily pay for themselves. If you need
any more motivation to find a CPA, ask anyone who has ever paid penalties and interest to
the government. Often times the penalties and interest owed to the government are more
than the tax owed to government.
A good CPA will help you grow your business. The penalties and interest
may ruin your business.