Bottom Line Year-end Reporting 2014 Annual Update on Expense Reporting and Per Diem Rates Accountable Plans An accountable plan allowance is an arrangement whereby the employer pays an employee a fixed amount or a formulabased amount of money to be used for employment-related expenses. The employee must account for how the money is used. All or a portion of the allowance or arrangement is not subject to payroll withholding rules provided the necessary substantiation requirements are met. IRS per diem rates currently available are: Mileage We will send the new 2015 rates to you when they are announced. (Effective Jan. 1, 2014 - Dec. 31, 2014) • 56¢ per recorded business mile • 14¢ charitable use • 23.5¢ medical or moving Lodging, Meals and Incidentals (Effective Oct. 1, 2014) I. High/Low Method • High Cost Locality $259 ($65 considered meals and incidentals) • Other Cost Locality $172 ($52 considered meals and incidentals) Contact our office for a list of “high cost localities” or the most recently published “specific locality” per diems. II. Transportation Industry Rate for meals and incidentals • $59 per day for continental U.S. travel • $65 per day for non-U.S. travel III. Federal Per Diem Rate • $129 standard rate ($46 considered meals and incidental expenditures) Non-Accountable Plans Treasury regulations require non-accountable plan allowances be treated as taxable wages subject to Federal income tax and Social Security tax withholding. 2015 Payroll Wage Bases and Tax Rates Social Security First $118,500 is taxable, with a 6.2% tax rate for both employee and employer. Medicare All wages are taxable, with a 1.45% tax rate for both employee and employer. Employers should withhold an additional 0.9% on wages exceeding $200,000. There is no employer match on the additional 0.9%. Federal Unemployment First $7,000 is taxable, generally at 0.6%. Minnesota Unemployment First $30,000 is taxable at rates depending on employment history and industry.* Wisconsin Unemployment First $14,000 is taxable at rates depending on employment history and industry.* In This Issue: pg 1: Expense Reporting, 2015 Payroll, Minimun Wage pg 2: Form CRP, Form 1099, Retirement Plan Strategies pg 3: W-2 & Health Coverage Reporting requirements, Health Coverage reporting Issues pg 4: Affordable Care Act, S Corporation Fringe Benefits Year-end 1 Reporting 2014 *Established employers will receive their 2015 experience-modified rate from respective states. Tips Tips are subject to Social Security and Medicare as well as Federal and state unemployment taxes. Sources: www.irs.gov / www.dwd.wisconsin.gov / www.uimn.org Minimum Wage Law The Federal minimum wage to be paid by covered employers is currently $7.25/hour. In cases where an employee is subject to both the state and Federal minimum wage laws, the employee is entitled to the higher of the two minimum wages. Minnesota Minnesota’s minimum wage for all ages is $6.50/hour and increases to $7.25/hr on August 1, 2015 if annual sales are less than $500,000. If annual sales are $500,000 or greater, minimum wage is $8.00/hr and will increase to $9.00/hr on August 1, 2015. A training wage of $6.50/hr, increasing to $7.25/hr on August 1, 2015, is available for new employees under the age of 20 during their first 90 consecutive days of employment. Wisconsin Wisconsin minimum wage is $7.25/hour and $2.33/hour for tipped employees. These are reduced to $5.90/hour and $2.13/hour for opportunity employees. For more information visit www.dwd.state.wi.us or www.doli.state.mn.us. Form CRP due to renters Jan. 31 Owners of Minnesota residential rental property are required to file a 2014 Form CRP (Certificate of Rent Paid). The form must be signed by the landlord and given to tenants by January 31, 2015. Redpath and Company can assist in preparing these forms. Please contact Teresa Radermacher, CPA, at [email protected] before Jan. 20, 2015, for assistance. Reporting Requirements for Annual Information Returns – Form 1099 Annual Information Returns (Form 1099 and 1098) are due to recipients by Feb. 2 and to the federal government by March 2 , 2015. Penalties for failure to file or for late filing of Annual Information Returns range from $30-$100 per information return; penalties for failure to provide Forms 1099 and 1098 to the recipients are $30-$100 per recipient; and intentional disregard of filing requirements incur a penalty of at least $250 per payee statement with no maximum penalty. Reportable payments generally include payments of at least $600 in the aggregate from a trade or business to an individual, sole proprietor, partnership, or LLC. Some typical examples are: • Form 1099-MISC must be filed for aggregate payments of at least (a) $10 in royalties, (b) $600 in rents, services Retirement Plan Tax Strategies Available for 2014 There is still time to adopt an IRS qualified retirement plan as a tax planning strategy for 2014. Retirement plans are a great way to generate needed employer deductions and tax-deferred savings for the employee. of $600 in trade or business • Form 1099-B - Broker or Barter exchanges • Form 1099-S - Real estate sales • Form 1099-G - Certain federal, state or local government unit payments • Form 1099-PATR - Cooperatives which have paid at least $10 in patronage dividends and other distributions. (including parts and materials), prizes and awards, fees, commissions, subcontract labor, other income payments and health care payments, or (c) any amount in attorney fees, even if the attorney does business as a corporation. • Form 1099-DIV must be filed for aggregate dividends and other distributions on stock of $10 or more. • Form 1099-INT must be filed for aggregate payments of at least $10 of interest, or $600 of interest (including tax-exempt interest) if paid in the trade or business of lending money or on registered notes. • Form 1099-R must be filed for each distribution of at least $10 from a pension, annuity, retirement plan, Section 457 Plan, IRA, insurance contract, etc., during the year. Other annual information reporting requirements: • Form 1098 - Mortgage interest recipients For detailed information regarding Form 1099 reporting, visit www.irs.gov. Retirement plans to consider for 2014 are: • Profit sharing • Money purchase pension • SEP • 401(k) • S-corp ESOPs • C-corp ESOPs • Cross-tested plans. We can assist you in the implementation of these plans. For more information, contact Christine Bentson, CPA, RPA, CEBS, at [email protected]. If you have questions regarding Form 1099 reporting requirements or would like Redpath and Company to prepare your forms, please contact Teresa Radermacher, CPA, at [email protected]. For Redpath and Company preparation of 1099s and 1098s, we require the following information by Jan. 19, 2015: Recipient’s: • Name • Address • Social Security Number or Federal I.D. Number • Total of Payments in 2014 • Reason for Payment (i.e., interest, subcontract labor, nonemployee compensation, etc.) The benefit plan dollar limits for 2014 and 2015 are highlighted below. IRS Benefit Plan Dollar Limits (Adjusted for cost-of-living increases) 2015 Deferrals to 401(k) and 403(b) plans Under age 50 $18,000 Deferrals to 401(k) and 403(b) plans Age 50 or older $24,000 Deferrals to SIMPLE Under age 50 $12,500 Deferrals to SIMPLE Age 50 or older $15,500 Annual Limit on Compensation $265,000 Individual Account Limitation $53,000 2014 $17,500 $23,000 $12,000 $14,500 $260,000 $52,000 Year-end 2 Reporting 2014 Employee W-2 Form Reporting Requirements The IRS requires more information on W-2 Forms each year. Failure to comply with IRS reporting requirements can result in the assessment of penalties for non-compliance. Following is a general list of items that must be included in various boxes on the 2014 W-2 Forms, in addition to normal wages and compensation: • Disability or sick pay paid by thirdparty payers. • Disability or sick pay not included in income. • The value of employer paid group term life insurance in excess of $50,000 per year. • The value of other employer provided life insurance is generally taxable as wages. • The value of employer provided disability insurance may be taxable. Talk to your accountant to determine which rules apply. • Employee deferrals to salary reduction retirement plans. (SIMPLE, 401(k), etc.) • Reimbursed employee business expenses in excess of amounts substantiated. • Amounts paid for qualified educational assistance. • Amounts paid for qualified adoption expenses. • The value of the personal use of an employer-provided vehicle. • Employer contributions for qualified long-term care services provided through a flexible spending or similar arrangement. • Employee moving expenses paid to a third party, and services an employer furnishes in kind, are not reported on Form W-2. Qualified moving expense reimbursements paid directly to an employee by an employer are reported in box 12. IRS Publication 521 is available to provide detailed information to the employee. • Elective deferrals and designated Roth contributions. • Dependent care plan benefits. • Archer Medical Savings Account contributions. • Employer contributions to Health Savings Accounts. • Distributions from a nonqualified deferred compensation plan or a nongovernmental Section 457(b) Plan. • Yearly deferrals under Section 409A non-qualified deferred compensation plan. • Income currently taxable due to a failure of a nonqualified deferred compensation plan under Section 409A. • Current year vesting in non-qualified deferred compensation plans are includable in gross income unless certain requirements are satisfied. • Cash and non-cash fringe benefits including benefits provided to 2% or greater shareholders (or related employees) of an S-corporation. • Federal electronic reporting required when filing 250 or more Federal W-2s. Visit www.socialsecurity.gov for information about filing your W-2s online. • Minnesota electronic reporting. The electronic filing threshold decreases over the next few years. E-filing is required if you have more W-2s than the following in the designated years: »» 2011, and beyond: 10 W-2s Employer-Provided Health Coverage Informational Reporting Requirements The Patient Protection and Affordable Care Act of 2010 required employers to report the cost of coverage under an employersponsored group health plan on 2012 W-2 Forms, but most employers met the transitional relief rules making reporting optional and not requiring them to report the costs. The most common transitional relief rule making 2012 reporting optional applies to businesses that filed fewer than 250 W-2 Forms in the prior year. To date, no further guidance has been provided. The transitional relief rules applying to 2012 W-2 Forms apply to 2014 W-2 forms employers provide to employees in January 2015. Year-end 3 Reporting 2014 Issues Draft Forms and Instructions for Reporting Employee Health Coverage The IRS released draft versions of forms and instructions for Form 1094-B (Transmittal of Health Coverage Information Returns), 1094C (Transmittal of Employer-Provided Health Insurance Offer and Coverage Information returns), 1095-B (Health Coverage), and 1095-C (Employer Provided Health Insurance Offer and Coverage). All reporting for 2014 is optional and not required. Health insurance issuers or carriers must file Form 1094/1095-B for most health insurance coverage, including individual market coverage and insured coverage sponsored by employers. Plan sponsors are responsible for reporting self-insured employer coverage and will instead report the information on 1095-C. Employers must file the Form 1094/1095-C forms. The reporting requirements will generally apply to large employers as defined in the Affordable Care Act (ACA), which are employers with at least 50 full-time equivalent employees, on average, in the preceding calendar year. These new informational returns will require employers to coordinate between various groups such as their payroll department or vendor, HR department, and health plan insurer. Employers that may be subject to filing in years after 2014 should take the time to determine if they will be required to file, develop procedures for determining and documenting each employee’s status (fulltime vs part-time), and the employer’s offer of health plan coverage and employee enrollment. Having the appropriate measures in place before 2015 begins may relieve some of the burden in trying to get information ready at year-end next year. Please visit http://www.irs.gov/uac/Form W-2-Reporting-of-Employer-SponsoredHealth-Coverage for an IRS chart of the reporting requirements for various types of coverage outlining what is reportable, optional and what not to report. Other Affordable Care Act Considerations, Continued Other Affordable Care Act Considerations Health Reimbursement Plans Due to the nondiscrimination provisions of the Affordable Care Act, many employers will no longer be allowed to have Medical Reimbursement Plans or Health Reimbursement Arrangements (HRA). These plans or arrangements are used to pay for or reimburse employee’s out-of-pocket medical or health insurance expenses without being subject to income tax to the employee. Effective as of 2014, violations may be subject to a $100 per day per employee penalty. S-Corp Owner Health Insurance Payment Arrangements The nondiscriminatory provisions mentioned above also affect the treatment of company reimbursed or paid health insurance premiums for greater-than-2% shareholders.In years prior to 2014 these reimbursements were to be picked up as income to the owner on their W-2 in box 1 subject to income tax, but exempt from being reported in box 3 for social security wages and box 5 for Medicare wages. This treatment may change in 2014 so that they will now be subject to taxation for income taxes, social security (SS), and Medicare; and be reported in boxes 1, 3, and 5. Whether or not the arrangement will be subject to SS and Medicare may depend on various factors such as if the company has more than just the S-Corp owner as an employee, if the employer offers a group Fringe benefits provided to 2% or more shareholders (or related employees) of an S-Corporation Not subject to Social Security or Medicare: - Health insurance* - Disability insurance** - Non-group life insurance* - Medical reimbursement plan benefits* Not subject to Social Security or Medicare to the extent used for medical or disability benefits: - Cafeteria plan benefits* - Flex plan benefits* Subject to Social Security or Medicare: - Section 119, Excluded meals and lodging - Section 79, Group term life insurance - Section 120, Group legal services - Personal use of employer-provided vehicles All of the above benefits are subject to applicable Federal and state withholding taxes. *Due to the nondiscrimination provisions of the Affordable Care Act, many employers will no longer be allowed to have Medical Reimbursement Plans or Health Reimbursement Arrangements (HRA). These plans or arrangements are used to pay for or reimburse employee’s out-of-pocket medical or health insurance expenses without being subject to income tax to the employee. Effective as of 2014, violations may be subject to a $100 per day per employee penalty. ** Disability insurance premiums subject to tax for Federal and state income purposes to avoid taxation of benefits are also subject to Social Security and Medicare tax. Year-end 4 Reporting 2014 health plan, or if the greater-than-2% shareholder has coverage outside of the group plan. We will send out an update as we wait for the IRS to address the lack of clarity on the issue. The Bottom Line is published by HLB Tautges The Bottom Line is published by Redpath and Redpath, Ltd. Company, Ltd. 4810 White Bear Parkway Office locaions: White Bear Lake, MN 55110 phone: 651.426.7000 4810 White Bear Parkway web: www.hlbtr.com White Bear Lake, MN 55110 Kristin Sharp, Editor E-mail: [email protected] 55 East Fifth Street, Suite 1400 St. Paul, MN 55101 In accordance with the Internal Revenue Service Circular 230, any tax advice included phone: 651.426.7000 in this written or electronic communication web: www.redpathcpas.com (including attachments) was not intended e-mail: [email protected] or written to be used, and it cannot be used by the taxpayer, for the purpose of avoiding any penalties that may be imposed on Redpath and Company, Ltd. is a member of the taxpayer by any governmental taxing HLB International, a world-wide network of authority or agency. independent accounting firms and business advisors, and of the AICPA Private Companies HLB Tautges Redpath, Ltd. is an independent Practice Section. member of HLB International, a world-wide organization of accounting firms and of the AICPA Private companies practice section. 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