Tax

FEMA (Federal Emergency Management Agency) has declared a number of counties in Florida, Georgia, North Carolina, South Carolina and Virginia disaster areas due to hurricanes Michael and Florence. Any area declared a major disaster as designated by FEMA qualifies for individual or public assistance. As such, individuals and residing or located in these counties are eligible for tax relief–including an extension to file beyond the October 15 deadline.

Extended deadlines apply to filing returns, paying taxes, and performing certain other time-sensitive acts and taxpayers in these areas receive the extensions automatically.

Furthermore, the IRS will work with any taxpayer (including workers assisting with relief activities with a recognized government or philanthropic organization) who lives outside the disaster area but whose records necessary to meet a deadline occurring during the postponement period are located in the affected area. Tax relief for taxpayers living outside the disaster area should be aware that tax relief is not automatically granted. Please call the office or contact the IRS directly at 866-562-5227.

The tax relief postpones various tax filing and payment deadlines that occurred starting on October 7, 2018. As a result, affected individuals and businesses will have until February 28, 2019, to file returns and pay any taxes that were originally due during this period. This means individuals who had a valid extension to file their 2017 return due to run out on October 15, 2018, will now have until February 28, 2019, to file. The IRS noted, however, that because tax payments related to these 2017 returns were due on April 18, 2018, those payments are not eligible for this relief.

The February 28, 2019, deadline also applies to quarterly estimated income tax payments due on January 15, 2019, and the quarterly payroll and excise tax returns normally due on October 31, 2018, and January 31, 2019. It also applies to tax-exempt organizations, operating on a calendar-year basis, that had a valid extension due to run out on November 15, 2018. Businesses with extensions also have the additional time including, among others, calendar-year corporations whose 2017 extensions run out on October 15, 2018.

In addition, penalties on payroll and excise tax deposits due on or after October 7, 2018, and before October 22, 2018, will be abated as long as the deposits are made by October 22, 2018.

Personal casualty losses attributable to certain 2018 federally declared disasters, including Hurricanes Michael and Florence, may be claimed as a qualified disaster loss.

• By Leon Clinton
• November 28, 2018

Farmers and ranchers who were forced to sell livestock due to drought may get extra time to replace the livestock and defer tax on any gains from the forced sales. Here are some facts about this to help farmers understand how the deferral works and if they are eligible.

1. The one-year extension gives eligible farmers and ranchers until the end of the tax year after the first drought-free year to replace the sold livestock.

2. The farmer or rancher must be in an applicable region. An applicable region is a county designated as eligible for federal assistance, as well as counties contiguous to that county.

3. The farmer’s county, parish, city or district included in the applicable region must be listed as suffering exceptional, extreme or severe drought conditions by the National Drought Mitigation Center. All or part of 41 states, plus the District of Columbia, are listed.

4. The relief applies to farmers who were affected by drought that happened between September 1, 2017, and August 31, 2018.

5. This relief generally applies to capital gains realized by eligible farmers and ranchers on sales of livestock held for draft, dairy or breeding purposes. Sales of other livestock, such as those raised for slaughter or held for sporting purposes, or poultry are not eligible.

6. To qualify, the sales must be solely due to drought, flooding or other severe weather causing the region to be designated as eligible for federal assistance.

7. Farmers generally must replace the livestock within a four-year period, instead of the usual two-year period. Because the normal drought sale replacement period is four years, this extension immediately impacts drought sales that occurred during 2014. But because of previous drought-related extensions affecting some of these areas, the replacement periods for some drought sales before 2014 are also affected.

For additional details, please contact the office.

• By Leon Clinton
• November 27, 2018

Businesses often need to hire workers on a seasonal or part-time basis. For example, some businesses may need seasonal help for holidays, harvest seasons, commercial fishing, or sporting events. Whether you are getting paid or paying someone else, questions often arise over whether these seasonal workers affect employers with regard to the Affordable Care Act (ACA).

For the purposes of the Affordable Care Act the size of an employer is determined by the number of employees. As such, employer-offered benefits, opportunities, and requirements are dependent upon your organization’s size and the applicable rules. For instance, if you have at least 50 full-time employees, including full-time equivalent employees, on average during the prior year, you are an ALE (Applicable Large Employer) for the current calendar year.

If you hire seasonal or holiday workers, you should know how these employees are counted under the health care law:

Seasonal worker. A seasonal worker is generally defined for this purpose as an employee who performs labor or services on a seasonal basis, generally for not more than four months (or 120 days). Retail workers employed exclusively during holiday seasons, for example, are seasonal workers.

Seasonal employee. In contrast, a seasonal employee is an employee who is hired into a position for which the customary annual employment is six months or less, where the term “customary employment” refers to an employee who typically works each calendar year in approximately the same part of the year, such as summer or winter.

The terms seasonal worker and seasonal employee are both used in the employer shared responsibility provisions but in two different contexts. Only the term seasonal worker is relevant for determining whether an employer is an applicable large employer subject to the employer shared responsibility provisions; however, there is an exception for seasonal workers:

Exception: If your workforce exceeds 50 full-time employees for 120 days or fewer during a calendar year, and the employees in excess of 50 during that period were seasonal workers, your organization is not considered an ALE.

For additional information on hiring seasonal workers and how it affects the employer shared responsibility provisions please call.

• By Leon Clinton
• November 24, 2018