Tax Structuring: Choosing the Right Entity Structure for Your Business

June 05, 2025 | by Atherton & Associates, LLP

Tax Structuring: Entity Choices

June 5, 2025
From the Office of Rodney Prasad, Tax Associate

Choosing the right entity structure for your business is a crucial step in tax planning, as it directly impacts your tax liability, legal obligations, and overall financial success. Here is an overview of common business structures and their tax implications:

Sole Proprietorship:

  • Structure: Owned and operated by a single individual.
  • Taxation: The business is not taxed separately; profits and losses are reported on the owner’s personal tax return (Schedule C).
  • Tax Implications:
    • Pros: Simple and inexpensive to set up, minimal reporting requirements, no corporate business taxes.
    • Cons: Unlimited personal liability (owner is personally responsible for business debts and obligations), difficulty in obtaining business financing, no perpetual existence.
    • Self-Employment Tax: Sole proprietors pay self-employment tax (Social Security and Medicare taxes) on their net earnings.

Partnership

  • Structure: Owned and operated by two or more individuals.
  • Taxation: Partnerships are “pass-through” entities where partners report their share of profits and losses on their individual tax returns.
  • Tax Implications:
    • Pros: Partnerships offer pass-through taxation and are relatively easy to set up.
    • Cons: General partners have unlimited personal liability, and a partnership agreement is required.
    • Self-Employment Tax: General partners are also subject to self-employment taxes.

Limited Liability Company (LLC)

  • Structure: A hybrid structure.
  • Taxation: LLCs can choose their tax structure. By default, they are taxed as sole proprietorships or partnerships but can elect to be taxed as corporations.
  • Tax Implications:
    • Pros: LLCs provide limited personal liability and flexible management and tax structures, while avoiding corporate business taxes (unless elected as a C Corporation).
    • Cons: They are not federally recognized and may not be recognized outside of the U.S.
    • Self-Employment Tax: Members generally pay self-employment tax on their share of income.

C Corporation

  • Structure: A separate legal entity from its owners.
  • Taxation: C Corporations pay corporate income tax, and dividends are taxed again at the individual level (double taxation).
  • Tax Implications:
    • Pros: C Corporations offer strong liability protection, have no limit on the number of shareholders, are preferred for raising capital, and have perpetual existence. 
    • Cons: They face double taxation and are more complex and expensive to maintain. 

S Corporation

  • Structure: A type of corporation that avoids the double taxation of a C Corporation.
  • Taxation: S Corporations are “pass-through” entities, passing profits and losses to owners’ personal income.
  • Tax Implications:
    • Pros: S Corporations provide limited liability, pass-through taxation, perpetual existence, and avoid corporate  business taxes.
    • Cons: They have restrictions on the number and type of shareholders and stricter qualification standards.

Action Item
When deciding which to choose from, it is important to look at tax obligations and the advantages and disadvantages of each business form. Please reach out to your tax advisor to discuss which business entity would be the best fit for you. 

 

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Empower Your Business Forward with Strategic Client Accounting Services

May 28, 2025 | by Atherton & Associates, LLP

In today’s competitive landscape, business success depends on more than just hard work—it demands clarity, control, and confidence in your financial operations. Our Client Accounting Services (CAS) are built to empower you with accurate, timely financial insights while freeing you from the burden of managing day-to-day accounting tasks.

When you partner with us, you’re not just outsourcing bookkeeping—you’re gaining a team of experienced professionals dedicated to helping you make smarter decisions, stay compliant, and fuel growth with confidence.


Why Business Owners Choose Our CAS Solutions

Successful leaders know the value of working on the business—not in it. Our services are designed to take accounting off your plate so you can focus on driving innovation, revenue, and results. Here’s what you gain:

  • Time to Lead: Redirect your focus to strategy, growth, and customers—while we handle the numbers.

  • Expert Guidance: Tap into the knowledge of seasoned financial professionals without hiring in-house.

  • Scalable Support: Whether you’re expanding or streamlining, our services grow with your business.

  • Cost Control: Reduce overhead by eliminating the need for a full internal accounting team.

  • Peace of Mind: Accurate, compliant records—every time.

  • Clear Financial Visibility: Real-time reporting empowers you to act quickly and strategically.


Comprehensive Services That Drive Results

We offer a full spectrum of accounting services tailored to meet your business’s specific needs. Whether you’re in a growth phase, navigating regulatory complexities, or planning for the future, we’ve got you covered:

  • Transactional Processing – Streamlined management of accounts payable and receivable for consistent cash flow.

  • Bank Reconciliation – Regular, precise reconciliation to keep your records clean and trustworthy.

  • Financial Reporting – Clear, timely reports that give you a true picture of your financial position.

  • Budgeting & Forecasting – Proactive planning tools to prepare for the road ahead with confidence.

  • Virtual CFO Services – Executive-level financial strategy and insight without the full-time cost.


Customized for Your Industry

No two industries operate the same—and neither should your accounting solutions. We tailor our services to address the specific financial challenges and opportunities unique to your field, delivering insights and systems that make sense for your enviroment.


Your Trusted Partner in Financial Clarity and Growth

Partnering with us means more than clean books—it means having a reliable financial ally invested in your long-term success. Let us handle the accounting complexities, so you can focus on what you do best: growing your business with purpose and precision.

Let’s talk. Discover how our tailored Client Accounting Services can set the foundation for lasting success.

Let’s Talk!

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Key Tariff Strategies for Future-Proofing Your Business

May 28, 2025 | by Atherton & Associates, LLP

The global trade environment has become increasingly complex due to recent announcements of universal tariff increases and heightened reciprocal rates for certain countries. While the media often highlights the political angles of these changes, businesses must take practical steps to avoid costly pitfalls. Tariffs can alter operating costs, disrupt supply chains, and affect pricing strategies—regardless of a company’s size or industry. Building a proactive plan to address these challenges can make all the difference in maintaining profitability and future-proofing your business.

This article explores what tariffs mean, why they matter, and how you can respond with a forward-looking mindset. By implementing the right strategies today, you can boost your resilience against shifting trade policies in the years to come.

Understanding Tariffs and Their Scope

Tariffs are government-imposed taxes on imported goods. When U.S. businesses import items from overseas—whether raw materials, components, or finished products—they typically pay these taxes at the point of entry. The specific rates vary depending on how a product is classified, its country of origin, and the overall trade climate. Some tariffs are calculated as a percentage of the product’s value (an ad valorem tariff), while others are a fixed fee per unit (a specific tariff).

In the United States, tariffs are not administered by the Internal Revenue Service or the Treasury Department. Rather, they fall under the Department of Homeland Security’s Customs and Border Protection. Its role includes collecting duties, enforcing compliance with customs regulations, and responding to evolving trade policies. Governments impose tariffs for multiple reasons, including generating revenue, protecting domestic industries, and regulating imported goods.

The Impact of Tariffs on Businesses

Although large multinational corporations are often in the spotlight, the scope of tariff impact extends to businesses of all sizes. A company’s reliance on imports, existing contractual obligations, and market dynamics can determine how hard these tax changes hit. There are several key areas of concern:

Supply Chain Challenges. Tariffs can make originally cost-effective supply chains suddenly more expensive. If your business depends on overseas producers, shifting trade rules may leave you scrambling for domestic or alternative international sources. This uncertainty can throw off inventory management, especially if certain products are subject to steep import taxes.

Pricing Adjustments. Higher costs from tariffs might compel you to adjust your pricing strategy. Businesses must decide whether to absorb the added expense—risking margins—or pass it on to customers. Small and medium-sized enterprises in particular may find it difficult to shoulder these added costs, so a carefully crafted approach to raising prices can help preserve customer goodwill.

Financial Reporting Implications. When you’re recalculating cost of goods sold, tariff expenses cannot be overlooked. Accurately attributing these additional fees to your product costs is vital for precise financial reporting and to maintain a realistic picture of profit margins. If your business is publicly traded, transparent reporting on the implications of tariffs is often expected by stakeholders.

Special Considerations for Small Businesses. Smaller companies may feel a disproportionate impact because they often operate on narrower profit margins. Moreover, many small businesses rely on strong, enduring relationships with overseas suppliers, which can be costly to shift or rebuild elsewhere. For certain organizations, adjusting product lines or seeking new supply channels may be necessary to sustain operations in the face of changing tariffs.

Key Strategies for Future-Proofing Against Tariffs

Though trade policies can change quickly, there are several approaches that businesses can adopt to navigate uncertainty and remain resilient. By implementing these strategies, you position your organization to adapt as conditions evolve:

1. Review and Update Existing Contracts and Agreements. Take a fresh look at your current supplier and vendor contracts. Some agreements include provisions that address sudden shifts in tariffs, allowing for renegotiation or flexibility in purchase commitments. You might find “force majeure” clauses or language specific to tariff escalation. Checking these details early can provide a roadmap for making adjustments without facing heavy penalties.

2. Assess Alternative Sourcing and Supply Chain Diversification. If tariffs substantially increase costs, investigate options in lower-tariff jurisdictions or even domestic alternatives. Although moving production or finding new suppliers can be disruptive, in some cases it may be more cost-effective in the long run. Even for businesses that remain dependent on certain imports, diversifying the supply chain to include multiple sources reduces vulnerability to tariff hikes in any one region.

3. Cost Management and Pricing Strategy. Calculating the overall financial impact of tariffs can help guide your decisions on product pricing. Some companies opt for transparent “tariff surcharges” so customers and partners understand these added costs arise from external factors. Striking the right balance between profitability and customer loyalty can be challenging, but a phased or clearly labeled price adjustment can make it more palatable.

4. Leverage Duty Exemptions and Relief Programs. You might qualify for exemptions under trade agreements such as the USMCA if your imports meet specific origin criteria. Duty drawback programs can also offer a rebate if you import goods but subsequently export them. Additionally, operating within a Foreign Trade Zone (FTZ) may allow you to defer or reduce some of your duties until the goods leave the zone. Staying informed about legislative updates and special exemption windows can result in significant savings.

5. Implement Robust Scenario Planning and Compliance Tools. Technology can be a powerful ally in uncertain times. By using predictive analytics or supply chain management software, you can model multiple tariff scenarios and evaluate where costs might spike. This ensures you’re ready to pivot quickly if conditions worsen. The right software can also aid in compliance, reducing the risk of fines for misclassifying products under the Harmonized Tariff Schedule.

6. Seek Expert Guidance. Tariff regulations are highly nuanced, with shifting deadlines and complex definitions. Enlisting a professional who understands international tax policies, supply chain logistics, and customs regulations can be invaluable. An expert may identify hidden cost-saving measures or clarify potential liabilities you hadn’t considered. Act early, before new rules or deadlines take effect, to avoid last-minute scrambling.

Securing Strength Amid Trade Shifts

From increased costs and inventory disruptions to the financial complexities of assigning tariff-related expenses, tariff regulations create pressure points across the entire business landscape. The most resilient organizations are those that move now, assessing vulnerabilities, rewriting contracts, and diversifying their sourcing setups. Thoughtful planning—backed by professional expertise—can turn tariff upheavals into opportunities for renewed efficiency and stronger partnerships.

Acting with a sense of urgency could be the difference between sinking or swimming in our new tariff trade environment. With the right strategies in place and expert advice at your side, you can protect your bottom line and secure success amid ongoing changes in tariff policy.

 

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What you need to know before applying for an SBA loan

May 14, 2025 | by Atherton & Associates, LLP

For many entrepreneurs, an SBA loan is the gateway to launching or acquiring a business—but it’s not as simple as filling out an application. From choosing the right loan type to preparing a lender-ready financial package, success hinges on preparation and financial clarity.

Whether you’re purchasing an existing business or launching a new venture, knowing what to expect can mean the difference between approval and costly delays.

Understanding SBA loan options

The SBA doesn’t lend directly. Instead, it guarantees loans issued by private lenders—such as banks, credit unions, and nonprofit intermediaries—to reduce risk and increase access to capital. Because loans are delivered through these private institutions, terms, underwriting practices, and processing times can vary depending on the lender, the borrower, and the specific loan structure.

What follows is a general overview of some of the most common SBA loan programs. This isn’t an exhaustive list, and it’s important to note that eligibility or documentation requirements may vary depending on your lender or use of funds. All SBA terms and programs are subject to change. Always check with the SBA or your lender for the latest requirements.

Before evaluating which SBA loan might be right for you, make sure your business meets the core eligibility criteria that apply across most SBA loan programs.

  • Size standards: Your business must qualify as a “small business” based on your industry classification under the North American Industry Classification System (NAICS). The SBA uses your six-digit NAICS code to determine size limits, either by annual revenue or employee count.
  • Business structure: Your business must be organized for profit and operate in the U.S. or its territories. Nonprofits, certain passive real estate investors, and businesses engaged in illegal activity (even if legal under state law) are ineligible. Franchises and affiliated entities may be eligible but must meet SBA affiliation rules and, in some cases, receive SBA approval.
  • Credit elsewhere: SBA applicants must show they are unable to obtain credit on reasonable terms without the SBA guarantee. This does not require a formal loan denial, but lenders must certify that comparable financing is not otherwise available under conventional terms.
  • Repayment ability: Applicants must demonstrate they can repay the loan through business cash flow, have a sound purpose for the loan, and are willing to submit personal and business credit histories—even if the business is newly acquired or recently formed.

With these foundational requirements met, the next step is identifying which SBA loan program aligns with your goals.

SBA 7(a) loans

The SBA 7(a) loan program is the most popular and versatile, used for purposes including business acquisitions, working capital, equipment purchases, debt refinancing, and real estate (when it’s a secondary purpose).

There are several subtypes within the 7(a) umbrella:

Standard 7(a)

The standard 7(a) loan can fund up to $5 million. It’s frequently used for business acquisitions, where borrowers are typically required to provide a 10% equity injection, though lenders may require more depending on experience, risk profile, or collateral.

Lenders are generally required to secure loans over $25,000 in accordance with their internal policies, and loans above $350,000 must be collateralized to the maximum extent possible, though a lack of collateral is not an automatic disqualifier.

Loan terms can extend up to 10 years for working capital or equipment and up to 25 years for real estate components.

The SBA guarantees 85% of the loan amount for loans up to $150,000 and 75% for loans above that. This guarantee protects the lender—not the borrower—but makes financing more accessible.

7(a) small loan

The SBA 7(a) Small Loan program offers financing up to $500,000, with a more automated underwriting process. It’s well-suited for smaller expansions, working capital infusions, or modest acquisitions. While structurally similar to the standard 7(a), it features reduced documentation and faster processing.

SBA express loans

SBA express loans are also capped at $500,000 but offer expedited decisions. The SBA provides a response to the lender within 36 hours, which can speed up – but not guarantee – faster funding decisions. These loans are often used for short-term working capital, equipment purchases, or revolving lines of credit, which can have terms of up to 10 years. The trade-off is that the SBA guarantees only 50% of the loan, which may result in more conservative underwriting or higher interest rates.

SBA 504 Loans

If you’re purchasing real estate or major equipment, an SBA 504 loan may offer more favorable terms than a 7(a). This loan is structured in three parts: a private lender covers 50%, a Certified Development Company (CDC) provides 40%, and the borrower contributes 10%. For startups or special-use properties (e.g., hotels, gas stations), the borrower’s contribution may increase to 15–20%.

504 loans can only be used for fixed asset investments—such as buying or renovating owner-occupied real estate or purchasing long-life equipment. They cannot be used for working capital, inventory, or debt refinancing. Terms are typically 10, 20, or 25 years, with fixed interest rates on the CDC portion.

To qualify, the borrower must occupy at least 51% of an existing building (or 60% of a new construction project), with plans to occupy 80% over time. Passive real estate investment is not allowed.

SBA Microloans

The SBA Microloan program is designed for startups and very small businesses that may not qualify for larger financing. Loans are capped at $50,000, with the average loan amount around $15,000. They are administered by nonprofit, community-based lenders that receive SBA funding and set their own underwriting criteria. These lenders often serve specific regions or business populations.

Funds can be used for working capital, inventory, equipment, or basic startup expenses—but not for real estate purchases or refinancing. Terms are up to six years, and most lenders require a personal guarantee, some collateral, and a detailed plan for use of funds. Because underwriting is handled locally, requirements may vary between intermediaries.

Can you combine or layer SBA loan types?

In some cases, combining SBA loan types can be a strategic way to match your financing structure to your business goals – particularly if you’re acquiring both a business and the real estate it occupies. However, some lenders may not be willing or able to process concurrent SBA loans, so early coordination is crucial.

For example, if your project totals $2.8 million, with $1.8 million for real estate and $1 million for the business acquisition and working capital, you might use a 504 loan for the property and a 7(a) loan for the business. This allows you to leverage the long-term, fixed-rate terms of the 504 loan for the real estate and the flexibility of the 7(a) loan for inventory, goodwill, and staff-related costs.

Collateral is typically aligned with the loan structure—real estate secures the 504 loan, while business assets and a personal guarantee secure the 7(a).

Keep in mind that combining loans increases the importance of repayment capacity. Lenders will assess your Debt Service Coverage Ratio (DSCR), and a minimum of 1.25 is generally required—meaning the business should generate 25% more in annual cash flow than its combined loan payments.

Also, the total SBA 7(a) loan amount is capped at $5 million. The SBA guarantee can cover up to 75-85% of that, meaning the maximum guaranteed portion is $3.75 million for larger loans.

Key documentation lenders expect

Applying for an SBA loan requires a thorough, well-organized financial package. Here’s what lenders will typically request:

  • A well-crafted business plan – lenders want to understand how your business will operate, make money, and why it’s positioned for long-term success.
  • Tax returns – typically three years of personal and business tax returns.
  • Personal Financial Statement (SBA Form 413) – this document lists all of your assets, liabilities, income, and obligations. It’s typically required for all owners with 20% or more equity.
  • Business Financial Statements – for acquisitions of existing businesses, expect to provide the last three years of profit and loss statements, balance sheets, and cash flow statements. Lenders will generally look for a DSCR of 1.25 or higher.
  • A Current Debt Schedule – a breakdown of all outstanding business debts, including payment amounts, terms, and remaining balances.
  • Loan Application Form (SBA Form 1919) – covers basic information about your ownership structure, affiliates, existing debt, and legal history. This is also generally required for all owners with 20% or more equity.

If you’re buying an existing business, lenders may also request a copy of your purchase agreement or letter of intent, a formal valuation or appraisal, and historical financials and tax returns from the seller.

Due diligence matters

One of the most common reasons SBA loan applications stall—or fail altogether—is incomplete, inconsistent, or poorly prepared documentation. Many borrowers underestimate just how rigorous the review process can be.

A CPA can help structure your loan package in a way that speaks directly to lender expectations. For example, a Quality of Earnings (QoE) review can help confirm that a business’s reported earnings are not only accurate but also sustainable.

Similarly, cash flow projections are critical—especially for startups or businesses undergoing a transition. Lenders typically want to see 12 to 24 months of forecasts that are grounded in realistic assumptions.

And pre-due diligence reviews can uncover financial risks that might otherwise derail a deal. Whether it’s inconsistencies in seller financials, unexplained liabilities, or customer concentration issues, identifying these risks early gives borrowers the opportunity to renegotiate deal terms—or walk away from a transaction that may not be as solid as it seems.

Preparation is a strategy

An SBA loan isn’t just a form to fill out—it’s a comprehensive process that rewards preparation, transparency, and credibility. A CPA can help anticipate lender concerns, ensure you have the right documentation, and increase your chances for funding success.

If you’re planning to start or buy a business, don’t wait until after your loan application is submitted to get expert support. Reach out for more personalized guidance.

Let’s Talk!

Call us at (209) 577-4800 or fill out the form below and we’ll contact you to discuss your specific situation.

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FinCEN’s new BOI filing deadline: Implications for small businesses

February 26, 2025 | by Atherton & Associates, LLP

Small business owners tracking their compliance obligations now have a new date to mark on their calendars: the Financial Crimes Enforcement Network (FinCEN) has announced March 21 as the revised deadline for most entities that must file Beneficial Ownership Information (BOI) reports under the Corporate Transparency Act (CTA). This announcement follows a series of legal challenges that briefly halted the filing requirement, only for the courts to lift the injunctions and revive the law. Below is a detailed overview of how the CTA and its BOI reporting rules affect small businesses, along with steps to prepare for compliance.

Understanding the Corporate Transparency Act (CTA) and Beneficial Ownership Information (BOI)

The Corporate Transparency Act was passed to bolster anti-money-laundering measures in the United States by collecting specific information about the real people who ultimately own or control certain small businesses. Although large entities usually have existing disclosure obligations, the CTA extends these requirements to smaller corporations, limited liability companies (LLCs), and similar structures. The goal is to prevent criminal actors from hiding their financial dealings behind corporate veils. However, small businesses find themselves at the heart of the CTA’s mandates, often due to limited awareness or resources to keep up with new federal filing obligations.

Under the CTA’s rules, these businesses must submit Beneficial Ownership Information directly to FinCEN, disclosing details about each beneficial owner. The CTA aims to make it more difficult for criminals to exploit shell companies, but it also places an administrative burden on many small businesses that have never before faced such federal disclosure requirements. Meanwhile, ongoing legal and legislative developments continue to shape the CTA’s enforcement timeline.

Recent Legal Developments and the New Filing Deadline

Background on Delays and Injunctions

The path to the current March 21 filing deadline was anything but straightforward. After the CTA became law, FinCEN initially set filing obligations to begin in early 2025 for most existing small businesses. However, in the wake of legal challenges filed in federal courts, injunctions paused the collection of BOI. The central argument in these lawsuits revolved around the reach of federal authority over small businesses, as well as concerns about potential privacy violations.

For a period, these injunctions meant that intended deadlines—such as January 13—were no longer in effect and businesses remained in limbo. The legal situation changed dramatically when courts lifted these injunctions, most recently through a case that granted a stay of a nationwide block on the CTA’s BOI reporting requirements. As soon as that final injunction was lifted, FinCEN reestablished a compliance window for BOI filings and pushed the overarching deadline to March 21. This new date applies to businesses that originally needed to file by early 2025 but were affected by the litigation delays. For entities created or registered on or after February 18, 2025, they must file their BOI report within 30 days of formation or registration.

Exceptions & Later Deadlines

Although March 21 applies broadly to the majority of small businesses, some entities have different timelines. If a company had already received a filing extension because of disaster relief or other circumstances, that later deadline remains valid. Businesses, for example, with an April 2025 extension should keep their previously assigned due date. Likewise, FinCEN has signaled it may further revise the deadlines if it determines that businesses need more time or if compliance can be prioritized towards higher-risk scenarios. Over the next 30 days, FinCEN will assess how to handle specific categories of small businesses that it believes pose lower short-term security risks.

Which Businesses Must File

Defining “Reporting Companies”

The CTA casts a wide net to cover most U.S.-based corporations, limited liability companies, and other similar entities formed by filing paperwork with a state authority. Many of these entities have fewer than 20 employees and might have minimal financial activity. Nonetheless, the law presumes these small businesses are potential vehicles for illicit financial activity if their ownership structures are not transparent.

There are exceptions. Sole proprietorships and general partnerships that have not registered with a state typically do not need to file, as they are not formed through the same formal processes as corporations or LLCs. Additionally, certain larger or more heavily regulated entities, such as publicly traded companies, generally already have robust disclosure frameworks and are outside the CTA’s BOI requirements.

Required Information

Reporting companies must disclose identification details for each “beneficial owner.” A beneficial owner is any individual who exercises substantial control or owns at least 25% of the business. The submitted information typically includes the individual’s full legal name, date of birth, current residential or business address, and a unique identifier (such as a passport or driver’s license number).

Additionally, for new entities formed on or after January 1, 2024, the CTA introduces the concept of “company applicants.” These are individuals directly responsible for filing the formation documents with a state, such as articles of incorporation. This provision expands the scope of required disclosures beyond just owners, aiming to identify those who set up new legal entities.

Steps Small Businesses Should Take Now

Gathering Documentation

Because the CTA calls for specific personal details, small business owners should begin by identifying all individuals who qualify as beneficial owners and confirming the accuracy of their information. Businesses that have multiple owners across various locations may find it takes time to collect the necessary residential or business addresses, dates of birth, and identifying document numbers. Having this data in one secure repository can streamline the filing process and reduce the chance of errors.

Even if there is a possibility that the filing deadline might shift, it’s wise to secure the documents well in advance. Proper planning will also help you recognize if your business structure creates any ambiguity regarding who holds “substantial control.” The sooner those questions are clarified, the easier it will be to submit correct information in case FinCEN issues any new guidance before March 21.

Filing the BOI Report

FinCEN provides an online system at BOIefiling.FinCEN.gov for submitting the required information. The agency does not impose any filing fee on businesses that choose to file directly through this platform, although some third-party service providers charge fees for assistance or on behalf of their clients. Businesses should be aware that they can handle the process themselves at no additional cost, especially if they have a straightforward ownership structure.

With the new March 21 deadline in mind, small business owners should file promptly once they have verified all details. For those that have obtained an extension beyond March, continue to observe the specific later filing date. Keep in mind that FinCEN has set a 30-day window in which it may further adjust deadlines. If you have formed a new entity but have yet to file, clarify whether you fall into any special categories that might extend your reporting date.

Potential Consequences of Non-Compliance

The CTA enforces its rules with considerable penalties designed to encourage timely, accurate reporting. Willfully failing to file a BOI report or submitting false information can lead to a fine of ~$606 per day, up to a maximum of $10,000, and the possibility of up to two years in prison.

Moreover, disclosing or using beneficial ownership information without proper authorization carries similarly severe punishments. FinCEN’s aim is to tighten anti-money-laundering compliance, and the agency has signaled an increased focus on ensuring that small entities do not slip through the cracks. Even if your business appears low-key with minimal revenue, you should not assume the CTA will overlook it. The high stakes highlight the importance of understanding the requirements and submitting information accurately and on time.

Upcoming Changes and Possible Relief

FinCEN’s Plans to Amend Reporting Rules

Although FinCEN is currently expecting businesses to meet the March 21 deadline (or a later extension date if granted), it has committed to reviewing its procedures within a 30-day window. One element of that review is determining whether smaller and lower-risk entities should have more relaxed reporting standards or extended deadlines. In the meantime, FinCEN wants to prioritize obtaining BOI from higher-risk companies that could pose national security concerns.

The potential revisions might include streamlined forms, reduced data entry requirements, or elongated timelines for businesses that have limited risk exposure. However, small businesses should remain prepared for the filing date at hand and not assume these potential modifications will relieve the compliance burden altogether.

Congressional Action

While the judicial arena has seen various challenges to the CTA, Congress is also weighing in with proposed legislation. One pending bill, known as HR736, aims to push the filing deadline for most companies to January 1, 2026. This would offer a significant reprieve for small businesses scrambling to gather ownership details. Another measure, the Repealing Big Brother Overreach Act, seeks to eliminate the reporting requirements entirely, arguing that the CTA places unnecessary burdens on small businesses.

Neither piece of legislation has become law, and their future remains uncertain. Whether or not they pass, small businesses must abide by the CTA as it presently stands. Some owners are hopeful that a legislative solution might reduce complexity or extend timelines, while others remain skeptical that any meaningful relief will arrive before the current March 21 deadline.

Best Practices for Compliance Preparation

With the CTA deadline approaching, businesses can adopt a few best practices to navigate the requirements effectively:

Act Early: Even though the possibility of extensions exists, gathering information and filing sooner rather than later helps reduce the risk of missing deadlines.

Monitor Official Channels: Keep an eye on FinCEN’s announcements and official guidance, particularly as it evaluates the need for further deadline extensions or modifications. Any postponements or amendments will likely be publicized promptly.

Seek Professional Guidance: Although many small businesses can file on their own, complex ownership structures, multi-state operations, or partial foreign ownership might require advice from an accountant or attorney. Engaging with professional services firms can ensure compliance and help you respond quickly to any changes.

As deadlines and legal rulings shift around the Corporate Transparency Act, one thing remains clear: small businesses shoulder significant responsibilities for disclosing ownership information. The March 21 deadline is now the central focus for most small entities, yet the CTA’s enforcement landscape remains fluid. If you own or manage a small business, preparation is essential. Compile accurate information about your beneficial owners, stay informed about any last-minute changes from FinCEN, and be mindful of potential legislative or judicial developments on the horizon. Though the CTA adds new tasks to your to-do list, prompt action and careful attention to detail will go a long way toward fulfilling your obligations and avoiding penalties.

This article is intended for general informational purposes only. It does not constitute legal advice or a substitute for legal or professional counsel. Businesses should consult qualified professionals to ensure compliance with the Corporate Transparency Act, FinCEN regulations, and any other relevant state or federal laws.

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Leveraging Audits for Strategic Growth in Companies

February 25, 2025 | by Atherton & Associates, LLP

Leveraging Audits for Strategic Growth in Companies

I. Introduction

Audits have long been perceived primarily as a regulatory exercise or an obligation related to compliance. Yet, when approached strategically, an audit can yield powerful insights that go far beyond verifying numbers on financial statements. In fact, a thorough, well-planned audit can spotlight operational efficiencies, reinforce investor confidence, and prepare a company to capitalize on new opportunities for growth. Whether you’re eyeing expansion into new markets, preparing for a potential sale, or exploring new ways of financing, a robust auditing process ensures you can move forward with clarity and credibility.

II. The Strategic Value of Audits for Growing Companies

For organizations experiencing growth pressures or seeking to expand in the future, having regularly audited financials can be a game-changer. The transparency and credibility of audited statements often drive faster deal timelines and stronger valuations. Moreover, businesses that maintain audit-ready financials can act promptly when a compelling acquisition or partnership opportunity surfaces. Delays in getting finances in order, or the uncertainty surrounding unaudited numbers, can jeopardize a deal or reduce leverage in negotiations. This means regular audits aren’t just a “check-the-box” exercise; they are an insurance policy that ensures you’re ready to move swiftly when the unexpected but welcome knock comes at your door.

Another significant benefit stems from the oversight process itself. Experienced auditors scrutinize operational workflows, identify gaps in internal controls, and highlight areas where businesses may be vulnerable to risk. Consequently, the company can address these vulnerabilities proactively and emerge more resilient—better positioned not only to mitigate threats but also to optimize existing processes.

III. Key Considerations in Choosing the Right Audit Partner

Choosing your auditing partner is as vital as deciding to get audited in the first place. Different firms bring different strengths, and your choice should match your company’s future direction, not just its current needs.

Industry-specific know-how is one critical piece of this puzzle. Whether your focus is manufacturing, distribution, construction, agriculture, healthcare, or not-for-profit work, an auditor who navigates the particular nuances of your sector can provide more refined guidance on financial reporting, compliance, and evolving regulations. Similarly, if your company is expanding overseas or across various states, an audit firm equipped with a wide geographical reach can streamline processes, ensuring consistent service and advice.

While technical competence often stands out as a decisive factor, it’s equally important to find an audit team that fosters a collaborative and transparent relationship. An auditing process should spell a partnership—one that allows for open dialogue, iterative discussions, and clear, contextual feedback on what your financials and operational indicators reveal about your growth trajectory.

IV. Steps & Best Practices in Conducting a High-Value Audit

Crafting a productive audit experience involves careful planning and robust collaboration from the earliest stages. While each audit is unique, several foundational steps help ensure a smooth process.

  1. Planning & Preparation: It’s wise to set a roadmap for your audit engagement early, noting all deadlines and resources required. This planning stage clarifies who in your organization will be responsible for gathering key documents—from trial balances and general ledgers to relevant contracts and agreements. Preparing these materials upfront prevents last-minute scrambles and accelerates fieldwork.
  2. Fieldwork & Information Sharing: During fieldwork, auditors systematically review your financial statement areas, test internal controls, and reconcile data to confirm accuracy. Because some companies deal with sensitive or confidential information, be sure your chosen partner employs secure transmission methods that help protect data. Staying transparent and responsive to auditor questions will help avoid bottlenecks.
  3. Wrap-Up & Reporting: In many cases, auditors issue recommendations alongside your audited financials. This may include highlighting strengths in your processes, but more importantly addressing material weaknesses or significant deficiencies. It’s best practice to organize a management or board meeting to discuss these findings in depth, so you can make timely decisions on any suggested improvements.

V. Potential Gains Beyond Compliance

Beyond meeting regulatory obligations, there are strategic advantages to be gained from frequent audits. If your company is considering a merger or acquisition, having an updated record of audited financials strengthens your negotiating hand and lowers perceived risks from a buyer’s perspective. This often translates to more favorable valuations or terms in a deal. Additionally, the insights gleaned from an audit can function like a diagnostic check for your broader operations, flagging inefficiencies or strategic blind spots.

All these benefits add up to a stronger, more future-proof organization. By marking regular milestones for financial and operational transparency, you cultivate a discipline that permeates the entire enterprise, from cost management to revenue forecasting and contract negotiations.

VI. How Atherton & Associates LLP Can Help

Atherton & Associates LLP offers Assurance & Compliance Services that go beyond traditional audit functions. Our teams are immersed in industries ranging from manufacturing to agriculture to construction to not-for-profits. For each client, we tailor our process to your specific challenges and growth objectives. We also provide advisory support on emerging accounting standards and best practices, so you can adapt your processes in real time as your business evolves. If you’re looking to strengthen internal controls, navigate new revenue recognition rules, or expand your services, we have the expertise to guide you at every step. We believe that effective audits pave the way for better governance, higher profitability, and, ultimately, a more confident path to achieving your strategic goals.

VII. Conclusion

A well-executed audit sheds light on where your company stands and where it can go next. By revealing unknown risks, clarifying financial results, and sharpening operational discipline, audits help an enterprise become more transparent, agile, and growth-ready. And by partnering with an experienced and collaborative firm, you gain a trusted advisor who can guide you through the complexities of expansion, acquisitions, and future financing rounds. In this sense, audits stand out as far more than a box to check; they’re a cornerstone of a thoughtful, proactive growth strategy.


Contributing Experts

Loren Kuntz, Assurance Partner
Email: lkuntz@athertoncpas.com
With nearly three decades of public accounting experience, Loren provides strategic oversight for Atherton & Associates LLP’s quality standards, offering expert counsel across sectors like manufacturing, wholesale distribution, healthcare, and beyond.

Marissa Williams, Assurance Partner
Email: mwilliams@athertoncpas.com
Marissa brings deep expertise in financial statement audits, internal control improvements, and employee benefit plan audits, having led numerous engagements for businesses in manufacturing, construction, healthcare, and not-for-profit organizations.

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Mitigating liability as a 401(k) plan sponsor: your role as a fiduciary

February 21, 2025 | by Atherton & Associates, LLP

Offering a 401(k) plan to your team is a meaningful way to invest in their future financial security. However, it also comes with a host of legal and administrative obligations. As a plan sponsor, you’re responsible for complying with regulations designed to protect your employees’ retirement savings and ensure prudent management of their investments.

Understanding these fiduciary duties can help you minimize liability, stay compliant, and safeguard your employees’ retirement assets.

The basics of fiduciary responsibility

The moment you establish a 401(k) plan, you assume fiduciary responsibilities under the Employee Retirement Income Security Act of 1974 (ERISA). This means you must act in the best interests of your employees and their beneficiaries. Failing to manage the plan prudently, comply with regulations, or address employees’ financial needs can expose you to significant liability.

Some plan sponsors mistakenly believe that hiring third-party service providers relieves them of all fiduciary duties. However, ERISA requires active oversight of these providers and careful decision-making on your part. Even if you delegate specific tasks, you retain ultimate responsibility for selecting and monitoring those service providers.

Fiduciary responsibility: what it means

ERISA broadly defines a fiduciary as anyone who exercises discretionary control or authority over the management or administration of a plan or its assets or who gives investment advice for a fee. This generally includes the plan sponsor, administrator, advisors, and investment managers. For the purposes of this article, we’re focusing on sponsors—the employers—and what you need to know to fulfill your responsibilities.

The plan administrator (sometimes the employer or a designated third party) oversees daily operations. This includes filing the necessary forms, providing timely participant notices, and maintaining plan records. Even if you outsource administration to a third party, you must ensure everything meets regulatory requirements. Inadequate oversight of plan operations could result in costly mistakes, including late filings, missing disclosures, and fines from government agencies.

Fiduciaries can also be “named” in the plan documents (such as the employer or investment manager) or “unnamed” by virtue of their actions (someone who effectively controls the plan’s decisions, even if not officially designated). Ultimately, if you or anyone in your organization has the power to influence the plan, that individual can be considered a fiduciary.

Core fiduciary duties under ERISA

Regardless of the number of fiduciaries involved, each must adhere to these key responsibilities:

  • Acting in the participants’ best interests

  • Performing duties prudently and with sufficient expertise

  • Following the plan documents and policies

  • Diversifying plan investments

  • Keeping plan expenses reasonable

At first glance, these requirements might seem vague. However, these rules have been in place long enough that there’s substantial guidance on how to interpret and apply them.

Common pitfalls and best practices for managing them

Even with diligent oversight, plan sponsors can face challenges that put compliance and employee retirement savings at risk. Below are some of the most frequent pitfalls sponsors encounter, along with best practices to address them effectively.

Insufficient oversight of service providers

Failing to properly monitor administrators, recordkeepers, or other third-party service providers can lead to regulatory violations or costly mistakes. Many sponsors assume that outsourcing absolves them of responsibility, but sponsors are required to oversee the performance of any providers they hire.

It’s important to establish a structured process for reviewing your service providers’ performance regularly. Schedule periodic evaluations to ensure they meet expectations and review contracts to confirm fees remain reasonable. Clear documentation of your oversight efforts will also demonstrate compliance during audits or regulatory reviews.

Recordkeeping Errors

Missing or inaccurate records—particularly for loans, hardship withdrawals, or contribution tracking—can lead to compliance issues and penalties. Poor documentation can also create unnecessary challenges during regulatory audits.

Maintain thorough, well-organized records for all aspects of plan administration, including meeting minutes, plan amendments, and loan documentation. Regularly audit your records to ensure they are complete and up to date. Use automated systems where possible to reduce manual errors and ensure consistency.

Misunderstood compensation definitions

Plan sponsors often miscalculate contributions due to unclear or incorrect definitions of compensation, such as excluding bonuses or overtime from eligible earnings.

Work with payroll and HR teams to clarify how compensation is defined in your plan documents and ensure systems are aligned to calculate contributions correctly. When necessary, consult experts to confirm compliance with IRS rules. Regular audits of payroll processes can help identify and address potential issues early.

Nondiscrimination testing failures

Plans that disproportionately benefit highly compensated employees may fail nondiscrimination tests, leading to penalties or required corrective contributions. Low participation rates among rank-and-file employees often exacerbate this issue.

Encourage broader employee participation by offering education sessions about the plan’s benefits, emphasizing matching contributions, or introducing automatic enrollment features. These steps can help create a more balanced plan and reduce the risk of failing nondiscrimination tests.

Delayed contributions

Delays in depositing employee deferrals can result in penalties from the Department of Labor (DOL), including the requirement to compensate participants for lost earnings. Even minor delays can trigger scrutiny.

Synchronize your payroll systems with the plan’s records to ensure timely deposits of employee contributions. Set up automated processes wherever possible to minimize delays. Conduct regular checks to verify contributions are being deposited within the required timeframes.

Audits, compliance, and regulatory changes

Plans with more than 100 participants typically undergo an external audit each year, which scrutinizes financial reporting and compliance practices.

The participant count is now based on the number of participants with account balances rather than just those who are “eligible.” This change took effect for the 2024 plan year and is intended to reduce the burden on plans where many workers may be eligible to participate but don’t maintain an active balance.

Even if an audit is not mandated, performing occasional internal or external reviews can reveal issues such as improper fees or administrative oversights before they become major problems.

Preparing for DOL or IRS Examinations

Regulatory agencies often look for missing documentation, incorrect plan definitions, and oversight failures when they conduct an examination. Plans that have kept comprehensive records, acted promptly to fix issues, and documented each important decision tend to fare better in these reviews. The DOL and IRS also encourage sponsors to self-correct or voluntarily disclose errors to secure more lenient treatment and reduced penalties.

Voluntary correction programs and self-reporting

Errors can and do happen, particularly if you manage a large plan or rely on multiple service providers. Both the IRS and the DOL have established programs allowing plan sponsors to report and fix mistakes before they escalate, typically resulting in reduced fees or no penalty at all. Proactive reviews—ideally yearly or semi-annually—are often the easiest way to catch potential issues. Self-correction not only saves money but also demonstrates your intention to prioritize the plan’s health and function.

Staying compliant

Sponsoring a 401(k) plan is both a valuable benefit for your employees and a serious legal and ethical responsibility. While these duties can feel daunting, the good news is that you don’t have to manage them alone.

Outsourcing key responsibilities to professionals can significantly reduce your burden. These experts bring the necessary expertise to handle the complexities of investment decisions, plan administration, and compliance. However, it’s important to remember that outsourcing doesn’t absolve you of all liability; you retain the responsibility to select and monitor these professionals carefully.

By staying informed, establishing strong internal controls, and relying on seasoned experts where appropriate, you can meet your fiduciary obligations with confidence while safeguarding your employees’ retirement savings.

This article is for informational purposes only and should not be considered legal advice. If you have specific questions or concerns about your 401(k) plan, consult with a qualified professional to ensure compliance and protect your organization and your employees.

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2025 Federal Payroll Tax Changes

February 04, 2025 | by Atherton & Associates, LLP

The start of 2025 brings important federal payroll tax and withholding changes that every employer needs to understand. From updates to Social Security wage limits to adjustments in retirement contributions and tax withholding rates, these changes directly impact payroll management and compliance. 

To help you stay ahead, we’ve outlined the most significant federal updates for the new tax year and what they mean for your business.

Social Security Tax Withholding

The Social Security tax wage base has increased to $176,100 for 2025. Both employees and employers will continue to contribute at a rate of 6.2% on wages up to this threshold. This adjustment raises the maximum Social Security tax withheld from wages to $10,918.20 for the year. Medicare tax remains unchanged at 1.45% for both employees and employers, applicable to all wages without a cap. Additionally, an extra 0.9% Medicare tax is imposed on individuals earning over $200,000 annually; employers are not required to match this additional tax. 

Federal Income Tax Withholding

The IRS has released the inflation-adjusted federal income tax brackets for 2025. For single filers, the standard deduction increases to $15,000, while married couples filing jointly see an increase to $30,000. 

Although the marginal tax rates remain unchanged, inflation adjustments have shifted the income thresholds that determine which tax rates apply.

Tax rate

Single filers

Married filing jointly

10%

$0 to $11,925

0 to $23,850

12%

$11,926 to $48,475

$23,851 to $96,950

22%

$48,476 to $103,350

$96,951 to $206,700

24%

$103,351 to $197,300

$206,701 to $394,600

32%

$197,301 to $250,525

$394,601 to $501,050

35%

$250,526 to $626,350

$501,051 to $751,600

37%

$626,451 or more

$751,601 or more

Federal Unemployment Tax Act (FUTA)

The FUTA taxable wage base remains at $7,000 per employee for 2025. The standard FUTA tax rate is 6.0%; however, most employers are eligible for a 5.4% credit for timely state unemployment tax payments, resulting in an effective rate of 0.6%. 

Retirement Contribution Limits

For 2025, the contribution limit for employees participating in 401(k), 403(b), and most 457 plans increases to $23,500. The catch-up contribution limit for employees aged 50 and over remains at $7,500. Notably, under the SECURE 2.0 Act, individuals aged 60 to 63 are eligible for a higher catch-up contribution limit of $11,250. 

Health Flexible Spending Arrangements (FSAs)

The annual contribution limit for health FSAs increases to $3,300 for 2025. For cafeteria plans that permit the carryover of unused amounts, the maximum carryover amount rises to $660. 

Additional Considerations

Employers are reminded to obtain updated Forms W-4 from employees to accurately reflect any changes in filing status or personal exemptions. Additionally, the federal minimum wage remains at $7.25 per hour; however, employers should verify if state or local minimum wage rates have changed to ensure compliance. 

Navigating payroll tax changes can be time-consuming, but you don’t have to do it alone. Our team can help you stay compliant in the face of evolving tax regulations. If you have questions about how these 2025 updates affect your business, contact our office today. We’re here to provide the personalized guidance you need to keep your payroll processes running smoothly.

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Maximize your QBI deduction with thoughtful planning

January 28, 2025 | by Atherton & Associates, LLP

If you own a business organized as a pass-through entity, the Qualified Business Income (QBI) deduction offers a valuable opportunity for tax savings. Under the Tax Cuts and Jobs Act, this deduction can allow sole proprietors, partnerships, S corporations, and some LLCs to deduct up to 20% of qualified business income. Unfortunately, as it stands right now, this provision is set to expire at the end of 2025, although some observers believe Congress may consider extending it.

Because there is an uncertain end date, it makes sense to consider strategies that could help you capture a larger benefit while it is available. The following guidance outlines important background information on the QBI deduction, along with strategies to help maximize your potential tax savings. 

QBI basics

Qualified business income is essentially the net pass-through income earned from an eligible enterprise, excluding wages or salaries. 

The QBI deduction is open primarily to non-corporate taxpayers, namely individuals, trusts, and estates, who receive their share of business income from pass-through structures. Businesses that are set up under C corporation status do not qualify.

Complicating this deduction are special rules for certain “specified service trades or businesses” (SSTBs). When you operate in fields such as health, law, accounting, financial services, performing arts, or consulting, there are significant limits or a complete disallowance of this deduction once your total taxable income exceeds specific thresholds. These thresholds vary by filing status and are adjusted annually.

Limitations and phaseouts

One of the primary hurdles with the QBI deduction arises when your taxable income before the deduction exceeds predefined thresholds. If you file jointly, your allowable QBI deduction starts getting phased out once your taxable income crosses a certain line, and for single filers or other filing statuses, there is a different threshold.

If you end up within the “phase-out” range, your ultimate deduction may be reduced. Once your taxable income shoots above the fully phased-out threshold, the deduction is eliminated. 

For instance, in 2024, business owners with taxable income below $191,950 could claim the full deduction. Those with taxable income over $241,950 can’t claim the deduction. If income fell between those two thresholds, the individual could qualify for a partial deduction. The ranges for married filing jointly taxpayers are $383,900 and $483,900, respectively.

W-2 wage and UBIA limitation

For business owners with income that exceeds the threshold, the QBI deduction is limited to the greater of:

• 50% of W-2 wages paid by the business and properly allocated to QBI, or
• 25% of those W-2 wages plus 2.5% of the original cost basis (unadjusted basis immediately after acquisition, or UBIA) of any qualified tangible property used in the business.

UBIA-based limitations help capital-intensive operations like real estate development, manufacturing, or hotels, where significant property investments support production. If you operate in a business with substantial depreciable property, you can potentially preserve a greater portion of the deduction, even when a lack of W-2 wages or high income levels otherwise threaten to limit it.

Rules for SSTBs

If you practice in fields such as health, accounting, financial services, legal services, performing arts, or consulting, you may be part of a Specified Service Trade or Business. SSTBs face additional, more stringent limitations. Once your taxable income exceeds the phaseout range for your filing status, the IRS disallows the QBI deduction for SSTB income altogether.

Strategies to increase your QBI deduction

Aggregate multiple businesses

If you own several pass-through entities, grouping them for QBI purposes can boost your deduction. By making an aggregation election, you can treat separate qualifying businesses as a single entity for purposes of calculating W-2 wages, UBIA of property, and QBI. 

This approach often benefits owners whose different ventures complement each other in terms of wages or capital intensity. For instance, one activity might have high income but a low W-2 payroll, while another might have low overall profit but a sizable payroll. Combining them can boost the total W-2 wage factor, which in turn mitigates the QBI limitations. However, be aware that you generally cannot aggregate an SSTB with a non-SSTB; any attempt to merge them for QBI purposes is disallowed. There are also ownership and business commonality requirements to aggregate multiple entities.

Be strategic with depreciation

Depreciating assets reduces your taxable income but it also lowers QBI. If you’re near a threshold where QBI limits kick in, making certain depreciation elections could preserve a larger deduction. Balancing immediate tax savings with long-term benefits is key here.

On the one hand, you may want a large deduction in the first year to lower your overall tax burden; on the other, you risk decreasing QBI to the point where your 20% deduction shrinks. This is especially tricky if your income hovers near the thresholds that tip you into a W-2 wage limitation zone.

Rather than automatically claiming the maximum possible depreciation in the current year, consider the trade-off. In some instances, spreading out depreciation via the usual MACRS schedule could preserve a more substantial QBI deduction in the year of purchase, and if your tax rates rise in the future, those postponed depreciation deductions could have greater value later. Deciding whether to fully claim, partially claim, or entirely forego bonus depreciation should be done carefully with an eye on optimizing your total tax liability, not just this year.

Optimize retirement contributions

Contributions to self-employed retirement plans reduce taxable income and QBI. While this can shrink your QBI deduction, it might still help if it lowers your income below the phaseout threshold. Be strategic about how much you contribute to ensure you’re getting the best overall tax result.

If your income is on the edge of a QBI threshold, a modest additional retirement account contribution might safely move you below the key figure that triggers QBI limitations. Each situation is unique, and you should weigh the long-term value of retirement savings against the near-term objective of maximizing your QBI deduction. 

It’s worth noting that contributions to a personal IRA generally do not affect QBI since they are not tied directly to the self-employed activity.

Optimize your entity structure

Your choice of business entity can have a big impact on the final QBI calculations. A sole proprietorship might provide simpler bookkeeping, but you could miss out on added W-2 wages if you do not pay yourself a salary as an employee (which is only possible in certain corporate structures like S corporations).

In an S corporation (or an LLC taxed as an S corporation), part of the owner’s earnings can be taken as wages (subject to payroll taxes), and the rest flows through as income that counts toward QBI. However, you are required to pay yourself “reasonable compensation,” which will reduce that QBI portion. Yet paying a salary in an S corporation can also position you to harness the W-2 wage threshold for the QBI limitation. 

If you run both an SSTB and a non-SSTB in a single entity, you might explore whether restructuring them into separate companies is possible and beneficial. Splitting them out could preserve QBI deductions on the non-SSTB revenue stream rather than letting the SSTB label overshadow the entire operation.

Manage taxable income levels strategically

There are numerous tactics to keep taxable income within the QBI-favorable range. Accelerating deductions or deferring revenue from year to year can help you manage your income. If you are nearing an important threshold, it can make sense to push some income into the following tax year or to pull forward some expenses (such as planned repairs or purchases) into this year.

For married individuals whose joint income crosses a crucial line, filing separately might yield a better QBI deduction for the spouse who operates the pass-through entity. Doing so, however, can backfire if it triggers other tax disadvantages, including the loss of certain credits or a reduction in itemized deductions. It’s important to run the numbers carefully. 

Ensuring compliance and avoiding audits

As with all tax matters, accurate recordkeeping is critical. You should maintain meticulous documentation of:

• Business income and expense allocations
• W-2 wage computations and disbursements
• Depreciation schedules, including any elected Section 179 or bonus depreciation
• Basis in qualified property for UBIA calculations
• SSTB qualifications or non-qualifications (ensuring you are categorizing your operations correctly)

Consult with a knowledgeable CPA to confirm that you are on track and maintaining audit-ready documentation. 

Navigating complexity: a balancing act

The QBI deduction can be a game-changer, but the rules are undeniably complex—especially for higher earners or those operating in Specified Service Trades or Businesses. Maximizing the deduction often requires balancing multiple factors, such as income thresholds, W-2 wages, depreciation decisions, and retirement contributions.

A seasoned CPA can help you evaluate your unique circumstances, weigh the trade-offs, and design a strategy that maximizes your deduction while ensuring full compliance with IRS regulations.

Don’t let this opportunity slip by. Contact our office to get the tailored advice you need to optimize your tax savings. Let’s work together to ensure you’re making the right moves now and for the future.

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Don’t let payroll taxes derail your business

January 28, 2025 | by Atherton & Associates, LLP

For many small business owners, managing payroll taxes can feel like working a complicated puzzle. One wrong piece – a missed deadline, a misclassified worker, a record-keeping slip – and you risk penalties, audits, or employee dissatisfaction. By understanding the common pitfalls and how to avoid them, you can keep payroll taxes from becoming an unnecessary source of stress.

Common payroll tax challenges – and how to avoid them

Worker misclassification

Misclassifying someone as an independent contractor when they should be an employee can create serious tax liabilities. Employees require tax withholding and prompt remittances to the IRS and relevant state agencies, whereas independent contractors handle their own taxes. 

The distinction isn’t always crystal clear, and relying on guesswork can lead to penalties, back taxes, and legal disputes. To avoid trouble, consult the IRS guidelines on classification factors or consider filing Form SS-8 (Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding) to get an official ruling. 

If you’re uncertain, it’s often safer to treat the individual as an employee or seek guidance from a CPA. Ensuring proper classification at the start can save you a world of problems down the road.

Payroll calculation errors

A small miscalculation like applying the wrong withholding rate or overlooking an overtime payment can quickly snowball into expensive corrections and frustrated employees. Manual processes are especially prone to human error, and even outdated software can cause slip-ups if it isn’t regularly updated. 

Streamlining your payroll procedures with reliable payroll software helps ensure accuracy by automating tax calculations and applying the most recent rates. Periodic self-audits, spot-checking a handful of paychecks each month, and double-checking that employees’ withholding certificates are up to date can also go a long way toward maintaining accuracy and avoiding painful back-and-forth with tax authorities.

Late or missed tax payments

With so many demands on your time, it’s easy to let a payroll tax deadline slip by. Unfortunately, the IRS and state agencies don’t forgive these lapses easily, and penalties and interest can accumulate faster than you might expect

The simplest solution is to set clear reminders and create a dedicated calendar for tax obligations. Consider putting funds aside in a separate account for taxes as you run payroll, ensuring you’re never caught short when payment is due. Even better, automate as much of the payment process as possible through your payroll provider, reducing the risk that a busy season or unexpected crisis will make you late.

Inadequate record-keeping

Shoddy or incomplete records make it difficult to prove compliance, especially if you’re audited. Missing W-4 forms, disorganized timesheets, or incomplete payroll ledgers complicate the process of resolving disputes and can lead to penalties if you can’t substantiate your filings. 

Commit to a consistent filing system that you maintain throughout the year. Regular internal reviews help ensure everything is where it belongs. Consider scanning paper documents for electronic backup and using payroll software that stores key records securely. When you keep everything organized and easily accessible, audits become less daunting, and day-to-day payroll management runs more smoothly.

Technological challenges and integration issues

Relying on manual methods or outdated tools increases the likelihood of errors and makes routine payroll tasks labor-intensive. You might also struggle if your payroll and accounting systems don’t “talk” to each other, resulting in inconsistent data and time-consuming reconciliation. 

Upgrading to modern payroll software that integrates with your accounting and bookkeeping platforms is well worth the investment. Consider working with IT professionals or consultants to ensure a seamless setup. By embracing technology, you’ll reduce mistakes, speed up processing, and free your team to focus on more strategic tasks.

Keeping up with changing regulations

Payroll tax regulations aren’t carved in stone. Each year, the IRS updates income tax withholding tables, and the Social Security wage base is adjusted to reflect changes in average wages. States may periodically alter their unemployment tax rates, and local jurisdictions can introduce or modify their own payroll-related taxes. In a nutshell, laws evolve regularly, and missing an update can lead to errors. 

Staying informed means regularly checking official sources like the IRS website, subscribing to tax agency newsletters, or joining professional organizations that keep their members abreast of changes. It may also help to assign someone on your team to track these updates and relay important information to the rest of the business. By building a habit of continuous learning, you’ll avoid the panic and penalties that come with being caught off guard.

Consider outsourcing payroll

Managing payroll taxes requires time, expertise, and careful attention to detail. Outsourcing payroll to a professional accounting firm or third-party payroll provider can alleviate these burdens while reducing risks.

Outsourcing ensures that payroll taxes are calculated accurately and submitted on time, protecting your business from costly penalties. These providers stay up-to-date with ever-changing tax regulations, so you don’t have to worry about missing critical updates.

Additionally, an outsourced payroll partner can handle complex issues like worker classification and multistate payroll compliance, giving you confidence that every detail is managed correctly.

Keep your payroll compliance on track

This overview isn’t exhaustive; plenty of unusual scenarios and special rules can still arise. But by understanding the common challenges, staying alert to regulatory changes, using the right tools, and knowing when to call in an expert, you can reduce costly payroll tax errors. Taking action now paves the way for a smoother, more confident tax season and frees you to focus on long-term business growth. If you need guidance or want to ensure your payroll practices are up to par, don’t hesitate to contact our office – we’re here to help.

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