Starting a new business is one of the least predictable things you'll ever do. But whether your business is an instant success, a dismal flop or something in-between, one thing is always certain: taxes have to be paid.
Tax planning for a business owner is different than for a wage earner. The key issue for any business owner, no matter what size, is how much money comes in and how much money goes out - in expenses and taxes. Maximizing your before-tax dollars takes good advance planning. Here are a few ideas to lighten your tax load.
Let's say you just started a new venture and spent $5,000. If for whatever reason it doesn't work out, you are entitled to take advantage of that loss and the government will give you a tax deduction. Don't throw away those receipts in a fit of despair! The loss on your small business shows up on a Schedule C, which is offset against your W-2 income. Suddenly, $5,000 of your W-2 income becomes tax-free - it's like getting a refund.
What if your business is a good one, but you had so many expenses in the first year that even though things went well, you lost money? There's tax value in that loss too. Again, the Schedule C loss is offset against your W-2 income.
Here's another way to build tax deductions without working harder or spending any more time away from home. Does your spouse help you run your business? Chances are, someone at home is helping out - running to the post office, the copy store, the office supply megastore. No one works for free. If you hire your spouse as an employee, using a Spouse Employment Contract, or SEC, you've added the expense of a paycheck to your business. But you've also opened the door to thousands of dollars in legitimate benefits that you'd still pay for - but would not be able to take as tax deductions.
In a 1994 private letter ruling, the IRS allowed a self-employed professional to hire his/her spouse as an employee and provide medical insurance to the spouse and the spouse's dependents as an employee benefit, 100% tax deductible and at no tax cost to the employee/spouse. One significant requirement: a contract between employer and employee/spouse must be in place beforehand to document and define the employer's contractual obligations and the employee's job responsibilities. Without the contract, this kind of arrangement isn't legal and won't work. But with it, the tax savings are impressive
Several years ago, I created the Spouse Employment Contract (SEC), with specific benefits in 16 different categories, for my business. It took years to finalize, bringing together technical points scattered throughout the tax codes, and is rigorously kept up-to-date as tax law changes. Typical income tax savings can be $5,000 to $7,000 per year, with reductions in federal, state, local and Social Security taxes that occur with the SEC, with no attention from the IRS. That's because the SEC is 100% according to code. Every paragraph in the contract is carefully referenced to the specific section of tax codes that it relates to.
Some employee fringe benefits include medical insurance, worth about $6,000 annually. But there's more. You are allowed to offer your employee and their dependents both medical insurance and non-insured medical costs as health care benefits. That means eye care and products, dental care and products, mental healthcare costs, chiropractic, even holistic or alternative medical treatments.
Almost every home business has an electronic security system, but most owners only deduct the pro-rata portion, which is correct, but only covers a small fraction of the cost. A business with an SEC employee can have the business pay for the entire home security system - installation, maintenance, service, etc. - as an employee benefit and is allowed to write off 100% of the cost.
The Small Stuff, or "De minimus"
These are items that the IRS considers too small to ask any business taxpayer to account for, regardless of the company's size. But what's small for a multi-national corporation adds up fast for a home-based business economy. Examples include:
Food - Coffee, juices snacks that an office might typically offer to employees.
Occasional - supper money: This can be reimbursed or provided in kind for SEC employees to enable him/her to work overtime.
Occasional - entertainment: Tickets to theater, sporting events, and the like.
Holiday and birthday gifts and parties - Traditional holiday gifts of property with a low fair market value are fair game for SEC employee fringe benefits, and that includes birthday gifts too.