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Software Club 210: Light Red
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1997-02-04
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┌───────────────────────────────────────┐
│ UPDATE INFORMATION--CHANGES IN RECENT │
│ QUARTERLY RELEASES OF THIS PROGRAM: │
│ │
│ (Numbers in brackets indicate YEAR/QTR│
│ when update or new feature was added)│
└───────────────────────────────────────┘
HIGHLIGHTS OF FEDERAL DEVELOPMENTS IN THIS RELEASE:
───────────────────────────────────────────────────
. IRS REVOLUTIONIZES ENTITY-SELECTION PROCESS. The IRS
has now finalized the long-awaited "check-the-box"
regulations, which allow, after 1996, an unincorporated
business to file a short IRS form and check a box on
the form to choose whether it will be taxed as a
corporate entity or as a partnership (or as a sole
proprietorship, if it has a single owner). The new
regulations, effective January 1, 1997, also reverse
the prior IRS position that a one-person limited
liability company (LLC), which some state LLC laws
permit, would be treated as a corporation. Under the
new regulations, such a one-owner LLC will be treated
as a "non-entity" for tax purposes -- that is, as a
sole proprietorship, rather than as a corporation.
[97/1]
. NEW SEGMENT ADDED ON MEDICAL SAVINGS ACCOUNTS. A new
section on Medical Savings Accounts (MSAs) has been
added to the program. These new accounts, similar to
an IRA for certain non-covered medical expenses, became
available to a limited number of taxpayers on January
1, 1997. Use the "INDX" feature of the program to
look up this newly added item. [97/1]
. NEW IRS PROPOSED REGULATIONS LIBERALIZE SELF-EMPLOYMENT
TAX TREATMENT FOR LLC MEMBERS. In late 1994, the IRS
had issued Proposed Regulations that would have allowed
members of certain LLCs to be treated like "limited
partners" and thus not subjected to self-employment tax
on their income from the LLC. These proposals have
been withdrawn and replaced with a new set of simpler,
more liberal Proposed Regulations, which would generally
exempt all limited partners in limited partnerships and
all members of LLCs, unless one of three conditions is
present: (1) The partner has liability for partnership
debts (relevant to general partners in a limited
partnership, not to LLCs, generally); (2) the partner
or member has authority to enter into contracts on
behalf of the business, under state partnership or
LLC law; or (3) the partner or member participates
in the partnership or LLC more than 500 hours a year.
These exceptions generally don't apply to a professional
service partnership or LLC, where more than minimal
services are rendered by the partner or member. [97/1]
. IRS ANNOUNCES NEW STANDARD MILEAGE ALLOWANCE FOR 1997.
In 1997, you may deduct business mileage at the rate of
31.5 cents a mile, if you use the optional standard mileage
rate, instead of depreciation and actual automobile
operating expenses. The rate for 1995 was 30 cents per
mile, and the rate for 1996 was 31 cents. [97/1]
. 1997 INFLATION ADJUSTMENTS REFLECTED. The IRS has
announced the 1997 inflation adjustments for items
such as the level at which the excise tax on luxury
autos takes effect (increased to $36,000 in 1997) and
the excludable amount for qualified parking fringe
benefits (increased to $170 per year), all of which
are now reflected in this program. [97/1]
. WELFARE REFORM ACT ADDS NEW EMPLOYER REPORTING
RESPONSIBILITIES. The new federal welfare reform
bill will soon require all employers in the U.S. to
report name, address, and social security number
information on any newly hired employees to a state
agency within 20 days. States are required to put
such reporting requirements into effect not later
than October 1, 1997. Some states, like California,
that already have such a new hire reporting program,
will be given till October 1, 1998 to revise their
program to get into compliance with the new federal
law (H.R. 3734). [97/1]
. UPDATED FOR NEW INDEPENDENT CONTRACTOR RULES. The
section of the program on "independent contractors"
has been updated to reflect liberalizing changes
in the IRS audit manual, and new laws passed by
Congress in 1996, which will offer employers more
safety and certainty in treating some workers as
independent contractors for tax purposes, rather
than as employees. [97/1]
. NEW 1997 TAX PLANNING MODULE RELEASED. Version 96/4
of this program, after November 1, 1996, now includes
both a 1996 and a 1997 tax planning module, for doing
individual and corporate income tax calculations and
estate tax planning calculations. [96/4]
. UPDATED FOR 1997 INDIVIDUAL TAX RATE BRACKET CHANGES.
The IRS has announced 1997 tax brackets, as indexed
for inflation, for the individual income tax. These
are now reflected in the text, throughout the program.
[96/4]
. IRS ANNOUNCES NEW MODEL PLAN FORM FOR SIMPLE PLANS.
The IRS has released Form 5305-SIMPLE, Savings
Incentive Match Plan for Employees of Small Employers
(SIMPLE), a model plan that certain small employers
may adopt as part of a retirement plan, in combination
with SIMPLE IRAs set up on behalf of each participating
employee. While some customization of the plan is
permitted, it cannot be used if employee IRAs are not
all to be with a single financial institution. [96/4]
. NEW FEDERAL LAW PREEMPTS MANY STATE BLUE-SKY LAWS.
Under the National Securities Markets Improvement Act
of 1996, enacted in October, most state blue-sky laws
regulating issuance of securities, by registration or
qualification, have been effectively preempted. The
new Act will primarily benefit exchange-listed and
other large issuers, however, and allows the states
to continue to regulate most small or intrastate
offerings of securities, and certain issuances that
are exempt from federal securities laws. Thus, it
will not significantly affect or simplify life for
most small businesses. [96/4]
. UPDATED FOR INCREASE IN FICA AND SELF-EMPLOYMENT TAX
WAGE BASE IN 1997. The program has been updated
throughout to reflect the 1996 inflation-adjusted
amounts of income subject to the full rate (15.3%)
of FICA or Self-employment tax, which was increased
from $62,700 in 1996 to $65,400 in 1997. Amounts
in excess of $65,400 are subject only to the 2.9%
Medicare portion of the social security taxes. [96/4]
. CONGRESS INCREASES MINIMUM WAGE. Effective October 1,
1996, the federal minimum wage will increase to $4.75
an hour, further increasing to $5.15 on September 1,
1997. The new legislation permits a subminimum wage
of $4.25 to be paid to employees under the age of 20
for the first 90 days after they are hired. Certain
computer professionals, including those paid on an
hourly basis at a wage of at least $27.63 an hour,
are now exempted from minimum wage coverage. [96/3]
. NEW TAX LAWS CHANGES INCLUDED IN MINIMUM WAGE BILL.
The new minimum wage bill signed into law by President
Clinton on August 20, 1996, called the "Small Business
Job Protection Act of 1996," contained a number of
significant business-related tax provisions, including:
. An increase in the $17,500 first year expensing
deduction for business equipment, which gradually
will rise to $25,000 over a period of several years.
. A number of favorable S corporation changes were
made, including an increase in the maximum number
of S corporation shareholders from 35 to 75, and