Read this if you are a business owner.
Here is some end-of-year tax information we would like to share. While it may vary in your specific situation, we are providing this general information for your review. Please contact us with any questions about your year-end preparations.
As the world continues to contend with the COVID-19 pandemic and its economic fallout, businesses are doing all they can to mitigate risks and plan for a recovery that’s anything but certain. Here are some tax relief tactics that can help take your business from reacting to the day-to-day challenges to taking advantage of those incentives that are available to help move your business forward.
Tax strategies to generate immediate cash flow
While not exhaustive, here are several tax strategies to consider:
Debt and losses optimization
- File net operating loss (NOL) carryback refund claims
- File claim to relieve 2019 tax payments due with the 2019 returns for corporations expecting a 2020 loss
- Analyze the tax impact of income resulting from the cancellation of debt in the course of a debt restructuring
- Consider claiming losses related to worthless, damaged, or abandoned property to generate losses
- Decrease estimated tax payments based on lower 2020 income projections, if overpayments are anticipated
- Consider filing accounting method changes to accelerate deductions and defer income recognition with the goal of increasing a loss in 2020 for expanded loss carryback rules
Making the most of legislation and understand how the CARES Act can provide relief to employers: Defer payment of the employer’s share of Social Security taxes until the earlier of (1) Dec. 31, 2020, or (2) the date the employer’s Paycheck Protection Program (PPP) loan is forgiven
Take advantage of any remaining corporate AMT credit
Consider the Employee Retention Credit
Regardless of which tax strategies you leverage, keeping the focus on generating and retaining cash will help ensure your business can weather an extended period of disruption.
Optimizing operations: Uncover tax relief opportunities
The initial tumult of the pandemic and economic fallout has passed, but significant challenges remain. Although companies that have managed to survive up to this point may have overcome immediate safety and cash flow problems, we still face an uncertain future. No one can predict how long the downturn will last, whether the world will revert into crisis mode or the path towards long-term recovery has begun.
Despite the uncertainty, savvy companies can position themselves to outperform their competitors by capitalizing on market shifts and strengthening their core business models. To do so, liquidity will continue to be at a premium, but many companies at this stage should be able to spend a bit in order to reap considerable returns. Tax planning is important to do just that. Consider which tax strategies can help you find a competitive edge, including:
Uncovering missed opportunities for savings:
- R&D tax credit studies: The money companies spend on technology and innovation can offset payroll and income taxes via R&D tax credits.
- Property tax assessment appeals: In the wake of the COVID-19 pandemic, some jurisdictions are reevaluating their property tax processes.
- Cost segregation studies: Cost segregation studies can help owners of commercial or residential buildings increase cash flow by accelerating federal tax depreciation of certain assets.
- State and local credits and incentives projects: By taking advantage of existing programs, as well as those implemented as a result of COVID-19, companies can qualify for state tax credits and business incentives.
- Opportunity zone program: This federal program is structured to encourage investors to shift capital from existing assets to distressed, low-income areas, and in doing so, deferring and even reducing taxes.
Maintaining compliance: If your business secured any federal funding in the early stages of the pandemic, those funds likely came with certain tax and financial reporting compliance measures attached.
Continue to grow liquidity: Cash is still key to navigating an uncertain road ahead. Continue to leverage liquidity-generating tactics, such as:
- Evaluating existing accounting methods and changing to optimal methods for accelerating deductions and deferring income recognition, thereby reducing taxable income and increasing cash flow.
- Reviewing transfer pricing strategies to identify opportunities to optimize cash flow.
- Pursuing a tax deduction through charitable donations.
- Maximizing state NOLs through elections, structural changes, intercompany transactions, and triggering unrealized gains.
Moving forward: Adopt new business strategies to reimagine the future
In the recovery phase, demand for goods and services has returned to pre-pandemic-recession levels. The wisest companies won’t spend this time resting on their laurels but will instead use it to reimagine their futures.
Plans made prior to spring 2020 may no longer make sense in a post-COVID world. Companies need to not only recover from COVID-19, but also integrate the lasting forces of change brought on by the pandemic to emerge more resilient and more agile than before it began. It’s time to reset vision and strategy—and tax needs to be an integral part of that process. Here are some tax considerations that can align with new business strategies:
Workforce
During recovery, businesses have likely confirmed near-term strategies around where employees will work. While these plans need to balance employee safety and operational efficiency, they also come with important tax impacts. Tax considerations:
- Assess the tax implications of your mid- to long-term workforce strategy, whether you take an on-site, fully remote, or a hybrid approach
- Ensure tax compliance with state or local tax withholding for employees working remotely
- Consider the tax implications of outsourcing any business functions
Finances
As demand for products and services increases, it’s likely profits will also grow, meaning many companies that may have been incurring losses may find themselves with taxable income again. At this point, tax strategies should focus on lowering the organization’s total tax liability. Tax considerations:
- Optimize the use of any available credits, incentives, deductions, exemptions, or other tax breaks
- Maximize the benefit of changes to the net operating loss rules included in the CARES Act
- Consider the foreign-derived intangible income (FDII) deduction, if applicable (i.e., companies that earn income from export activities)
Transactions
Many businesses may be considering strategic transactions, such as acquiring another company, merging with a peer, selling certain assets, or purchasing new resources. Each of these actions can have multiple tax consequences. Tax considerations:
- Assess potential tax benefits or liabilities of strategic transactions before they take place as a part of the due diligence process
- Identify loss companies and plan around utilizing losses and credits
- Structure acquisitions and divestitures in a tax-efficient manner to increase after-tax cash flow
Innovation
As companies reconfigure their businesses to adapt to COVID-19 changes—from greater shifts to e-commerce to outsourced back office functions to partially remote work arrangements—they should determine how to use tax strategies to offset the costs of these investments. Tax considerations:
- Consider using federal, state, or even other countries’ R&D tax credits to offset costs of new products, processes, software, and other innovations
- Explore whether previously undertaken activities may also qualify for these credits
Regulations and legislation
As the economy improves, regulatory oversight likely will also increase. Noncompliance can be costly and can reverse much of the progress a business has made in its recovery. At the same time, additional tax law changes are likely on the horizon, and companies will need to be able to act quickly when they appear. Tax considerations:
- Ensure compliance with rules around federal funding received during the pandemic
- Monitor tax regulatory and legislative developments at all levels, especially in the area of digital taxation, post-election tax reform, and federal, state, and local policy changes
- Scenario plan to outline the potential impact of future tax legislation on the company’s overall tax liabilities
Transformation
Staying ahead in the “new normal” means accelerating efforts around digital transformation to build a business with agility and resilience at its core. This should always include evolving the tax function. Businesses must strive to fully integrate processes, people, technology, and data to understand total tax liability and forecast how decisions and changes will impact their tax standing. Tax considerations:
- Collaborate with leadership and other areas of the business on a company-wide approach to digital transformation efforts
- Establish a clear, shared vision of the future state of the tax department
- Develop the business case for transformation efforts
Whatever pivots your business takes once the worst has passed, tax strategy needs to be an integral part of the plan to move forward. Evolving your tax strategy alongside business strategy will help prevent unforeseen costs and maximize potential savings.