Category Archives: Tips

Restaurant Tipping – How It Works

UPDATE 11/12/2019 — in 2018, changes were made by the Department of Labor to allow tip pooling with back-of-house employees as long as the state does not have more restrictive laws. This article does a great job of summarizing the changes:

Do You Know Where Your Tip Money Is Going? – Eater

In recent discussions with clients and friends about this year’s change in Chicago minimum wage for tipped versus non-tipped employees (and how that intersects with minimum wage rules for tipped employees at the Federal level or in other states), as well as conversations about restaurant “service charges”, and how they differ from tips… I realized that many folks — even restaurant owners — don’t understand how tipping works from a business perspective, and may not be reporting their tips — or paying their employees — appropriately.  I found this particular Chicago Tribune article from last year to give an especially good overview explanation:

How Restaurant Tipping Works – Chicago Tribune

Another site, the “Wiser Waitress,” writes from the perspective of employees — who unfortunately, often are misinformed or uninformed about their rights, about tip pools, about tracking and reporting and paying taxes on their tips.  This site is not as well-written, and it’s not an Illinois-specific set of information, but it does cover many of the issues that tend to be sticky points.  I also find it helpful to read from the angle of someone who is being taken advantage of — because, in my business, we’re always looking at the poor restaurant owner, who has to pay their employees more than they pay themselves.  It’s interesting to see how waitstaff see it.

The Wiser Waitress – Wages & Tips

Lastly, but in some ways most importantly, the Illinois Restaurant Association has an excellent FAQ regarding various governmental, tax, and labor requirements that apply to restaurants.  This organization is well-worth a membership if you are a restaurant owner or someone who works with restaurants.  They offer different membership types with different benefits, and their website is quite informative:

Illinois Restaurant Association FAQ

Tipping, service charges, minimum wage, front of house, back of house… it’s all substantially more complex than you’d think.  Make sure to learn the rules, track your tips (employees), tip payouts (employers), and educate others wherever you can.

UPDATE: I came across an excellent, two-part, detailed article from the Restaurant Accounting pro herself, Stacey Byrne, on the topic of “Accounting & Payroll Issues for Restaurant Tips and Service Charges” (Part One & Part Two), and want to share it here for you as well. Must-read resources for anyone doing restaurant accounting!

Last-Minute Tax-Planning Strategies | Accounting Today

Accounting Today just published a nice little article on last-minute tax-planning strategies, and touched on a few other topics as well, such as the flip-flop between partnership and C-Corp tax return due dates.  A short and worthwhile read for accountants.  My favorite excerpt, by Matthew Frooman, a member at the Atlanta office of Top 100 Firm Warren Averett:

“It helps to have a process, a mental or written checklist of how to approach the planning opportunities in that industry,” he said. “So you have a hierarchy of tax planning which starts with a tax-free way to have income. If you can’t figure out a way to have tax-free income, then you go to offsets in terms of deductions from basis or deferral. Then you look at the tax rate itself, the character of the income as to capital gains or ordinary income, and finally you get down to the tax itself. After that, you consider additional offsets in the form of credits.”

“You can approach every engagement with that structure and work through what are the ways of making something tax-free, offsetting income, deferring income, getting a lower tax rate and generating a credit, and then the possibility of buying a credit,” Frooman said. ”Every tax technique should fall into at least one of those categories. For myself, there are too many tools to think through without some sort of structure, so the solution is to prioritize, and decide which tool has the highest impact and is the easiest to apply.”

Read the entire article here: Last-Minute Tax-Planning Strategies | Accounting Today News

NCBA Cooperative Professionals Conference, Nov 9-11

Are you a legal or accounting professional working for or with a cooperative? The 2015 Co-op Professionals Conference, scheduled for November 9 – 11 in Minneapolis, Minnesota, is your chance to share best practices with colleagues and earn up to 12 hours of Continuing Legal Education (CLE) and Continuing Professional Education  (CPE) credit. With in-depth discussions on co-op organization, governance, financing and taxation, attendees will become experts on the unique legal and accounting issues co-ops face.

Last year I attended the National Cooperative Business Association’s first-ever “Cooperative Professionals Conference“.  It was incredible — as much as I’d learned at the National Society of Accountants for Cooperatives conference earlier in the year, I’d felt like it catered to large-scale industries like agriculture and rural electric… where were the worker co-ops, grocery co-ops, housing co-ops?  Where were the types of cooperatives that I worked with and of whom I was a member?

Here they are!  Although NCBA works on behalf of cooperatives everywhere, they definitely serve as the primary resource for small business co-ops.  The conference — which invited accountants and attorneys from across the country to learn and network together — was a resounding success, and they decided to do it again this year.  I was honored to be invited to join the plenary committee and to co-chair two of the workshops, and I couldn’t be more excited about them.  See the schedule here.

This conference is not just for accountants and attorneys that already work with cooperatives.  In fact, one of the sessions I am co-chairing is a “Co-ops 101” pre-conference… designed to provide the basics of cooperatives, as well as legal, accounting and taxation issues specific or common to co-ops.  It should be amazing.  Please join us in Minneapolis this November 9-11, and spread the word!

Interview on the new Green Apple Podcast highlighted in Accounting Today

A month ago, I received an intriguing email from a guy named John Garrett — a CPA-turned-comedian who gives frequent keynote addresses, and who is working on a podcast and book about accountants who stand out in their careers: in part due to being recognized for their interesting hobbies.  One of the fine folks at CPA.com had suggested to him at a recent conference that he speak with me.

Turns out we got along really well — he’s an engaging, funny person and asks interesting questions, and he interviewed me for his Green Apple Podcast (as the folks he hopes to highlight stand out, “like green apples in a red-apple world”).  It went so well, in fact, that he decided to feature me as his first interviewee when the podcast went live this past week.  Quite the honor — and as if that weren’t enough, Accounting Today picked up the news and mentioned me in their post!

If you’re a fellow accountant, I strongly recommend this podcast series.  The first three episodes are up now, and they really are inspiring and entertaining.  And if you’re not a fellow accountant, I suggest you listen anyway — much of what John’s trying to share is generally applicable, especially if you’re in the corporate world and feel disconnected from your colleagues.  He also speaks a lot about how we can inspire each other to share, to follow our dreams, and to conquer fears.  Can’t wait to hear more from this series.  Check it out here.

 

 

Crowdfunding and Taxes

I’m seeing so many small businesses and individuals jump on the bandwagons that an internet economy has provided us: crowdfunding, airbnb/vrbo, and ride-sharing are among the most common. And in each of these situations, the ease of doing business belies the complexity of the accounting and taxation principles and rules underlying the true nature of the transactions.

These two articles do an amazing job of explaining the factors to consider when evaluating how (or in less frequent instances, if) crowdfunding income should be taxed. I’ve taken excerpts and copied/pasted a summary here, but I strongly encourage both accountants and small businesses/individuals considering crowdfunding to read the entirety of each article.

The first, “Crowdfunding and income taxes,” deals with income tax ramifications, and the second, “Crowdfunding Contributions and State Sales and Use Taxes,” deals with sales and use tax considerations (note: as of the publication date, the link to this second article is incorrect where referred to in the first article; however, the link here is accurate).

Thousands of businesses and individuals have succeeded in attracting funding through crowdfunding sites, but often with little thought to the ramifications for income taxes. Congress and the IRS have not addressed crowdfunding income specifically, leaving scant guidance for CPA tax advisers whose clients may have this source of income. Still, applying common tax principles and common sense may help tax preparers and advisers in talking through the issues with their clients who have taxable crowdfunding income and deciding how to report and pay taxes on it.

Crowdfunding in the United States falls into three distinct types:
1) for creative enterprises, which can be characterized as reward-based crowdfunding;
2) as a means of personal fundraising, or donation-based crowdfunding; and,
3) equity-based crowdfunding, which raises capital for companies.

While pledges received from donation-based crowdfunding are likely to be considered nontaxable gifts, reward-based crowdfunding is likely to carry income tax ramifications for the project creator. As for which expenses should be deductible against the income, that depends on several factors, including:
– Whether the crowdfunding activity is deemed a trade or business or a hobby;
– Whether the activity is deemed a startup business;
– The method of accounting used by the creator; and,
– The value of rewards given to backers.

[Note: in my practice, I most often see crowdfunding used for startups and expansions, and therefore follow the rules for capitalization of costs — and in certain situations, deferral of income until the year the trade or business becomes active. If you are working in this context, please read that section of the article carefully and do your due diligence in researching the particulars, as it is a ‘facts and circumstances’ situation.]

It is important to recognize that amounts received as a reward-based crowdfunding campaign which promises a reward that has some value is unlikely to be considered a gift, and much more likely that at least some portion of it should be considered a purchase. This should lead to a discussion of how sales and use taxes should be handled on purchases of products. Factors to consider, addressed in the second excellent article, include:
– Nexus
– Taxability
– Tax Base
– Timing

To reiterate what I said at the beginning of this post: I’m seeing so many small businesses and individuals jump on the bandwagons that an internet economy has provided us: crowdfunding, airbnb/vrbo, and ride-sharing are among the most common. And in each of these situations, the ease of doing business belies the complexity of the accounting and taxation principles and rules underlying the true nature of the transactions.

2015’s Most & Least Fair State Tax Systems

WalletHub just released what I find to be a fascinating and well-analyzed study of state tax systems in the United States, evaluating each on many criteria that, combined, represent what a “fair” tax system might look like.  (Local folks, FYI: Illinois scored near the bottom.)

With loads of great charts and graphs, this report is worth a read, if only to examine whether you agree or not with their evaluation of what makes a tax system “fair”.  Interesting philosophical discussion that should be fascinating to many, not just us tax accountants.

Read the report here: 2015’s Most & Least Fair State Tax Systems | WalletHub®

IRS — Making Quarterly Tax Payments Easier

My clients and colleagues are always amazed by my attitude about the IRS — fact is, I really think they do an incredible job, given the nature of their work and the constant budget constraints dealt them by Congress.

I’m sharing a couple examples today that relate to upcoming quarterly estimated tax payments.

The IRS manages to stay fairly up-to-date with technology, compared to most federal and state government agencies, at least.  It used to be such a pain to sign up for EFTPS and make payments, but now they offer “Direct Pay,” where you can both make and look up payments.

They also offer a mobile app, known as the “IRS2Go Mobile App,” which you can use to look up refund status, as well as to access the Direct Pay feature I just mentioned.

Considering the challenges the IRS is always up against, I think they do a great job, on the whole; and I, for one, am pretty jazzed about these new technological features.  Way to go, IRS!

Business Taxes for the Self-Employed – Aug 26

The IRS is offering a webinar on business taxes for self-employed folks — that means those of you who file Schedule C as part of your personal tax return.  You may be an independent contractor, a sole proprietor, or a single-member LLC — Schedule C applies to all of those situations.

The webinar is offered on August 26, 2015, at these times:
2 p.m. Eastern Time
1 p.m. Central Time
12 p.m. Mountain Time
11 a.m. Pacific Time

The IRS presenters will cover the following topics:

-Reporting profit or loss from a business or profession
-Self-employment tax and estimated tax payments
-Schedule C and C-EZ
-Deducting business expenses
-Husband and wife businesses
-Recordkeeping

For more information and to sign up, click here: Internal Revenue Service Webinar Registration Page

Please spread the word to your self-employed friends and colleagues!

IRS Webinar on Affordable Care Act Provisions for Employers

Small business employers — I can’t encourage you strongly enough to attend one of the upcoming IRS webinars on provisions in the Affordable Care Act (ACA) that apply to YOU.  It’s not enough to presume your accountant or HR consultant will reach out and hold your hand through this process… you need to take charge and get educated about what expectations your employees and the IRS will have of you, and how to meet those requirements.  It only takes an-hour-and-a-half, and you’ll be a better employer and business owner for it.  Aug 20, 1–2:30 pm and Sep 16, 1:30–3 pm.

Source: Webinar Series offered on Affordable Care Act Provisions for Employers and Coverage Providers