Category: English

  • Does a wholesaler have to collect sales tax on every sale?

    Short answer

    Not necessarily. A qualifying resale transaction may be exempt, but selling to another business does not automatically make a sale exempt. In Georgia, the seller should obtain an appropriate, properly completed exemption certificate and accept it in good faith.

    Example

    Products purchased for a retailer’s resale may qualify. Supplies purchased for that retailer’s own use require a different analysis.

    What to review

    Customer registration, exemption certificates, products sold, intended use and delivery location.

    Official source: dor.georgia.gov/taxes/sales-use-tax

  • Can an S Corporation Owner Take Distributions Without Payroll?

    Short answer

    An owner who performs substantial services cannot generally replace reasonable wages with distributions to avoid employment taxes. The amount of compensation depends on the work and the business facts.

    Why this matters

    Distributions and wages have different tax treatment. The IRS may reclassify payments when compensation is too low relative to services. Separately, distributions should be tracked against shareholder stock basis.

    Example

    A sole shareholder operates the company full time, takes $80,000 in distributions and pays no salary. This pattern calls for a reasonable-compensation review and possible payroll correction.

    What to review

    Review work performed, comparable wages, amounts withdrawn, prior payroll returns and shareholder basis.

    Official source: www.irs.gov/businesses/small-businesses-self-employed/s-corporation-compensation-and-medical-insurance-issues

  • What Should a Business Owner Do After Receiving an IRS Notice?

    Short answer

    Read the notice number, tax period, issue and response deadline. Compare it with the filed return, payroll report or payment record before agreeing with the proposed amount.

    Why this matters

    Some notices require a response, while others are informational. The IRS instructions on the specific letter explain where to reply and what evidence to provide. Ignoring a deadline can limit options.

    Example

    If a notice says a payroll deposit is missing, compare the stated quarter with the bank confirmation and tax account transcript before sending a duplicate payment.

    What to review

    Keep the complete notice, mailing date, return copy, payment confirmation and correspondence. Use the reply address or method on that notice.

    Official source: www.irs.gov/individuals/understanding-your-irs-notice-or-letter

  • What Tax Filings Can a Foreign-Owned U.S. Business Have?

    Short answer

    The required filings depend on entity classification, ownership, transactions and activity. In addition to income tax returns, certain foreign-owned U.S. corporations and disregarded entities may have Form 5472 information reporting.

    Why this matters

    A U.S. LLC owned by a non-U.S. person is not automatically exempt from U.S. reporting because it is disregarded for income tax. Contributions, distributions and related-party transactions require careful review under the applicable instructions.

    Example

    A foreign owner forms a wholly owned U.S. LLC and funds its bank account. Before assuming there is no return because sales have not begun, review the entity’s tax classification and Form 5472 rules.

    What to review

    Gather formation documents, ownership chart, related-party transfers, bank activity and records of U.S. operations.

    Official source: www.irs.gov/instructions/i5472

  • When Does a Business Need to File Taxes in Another State?

    Short answer

    A business may need another state’s income, franchise, payroll or sales tax filing when its activities meet that state’s rules. The answer differs by tax type and jurisdiction.

    Why this matters

    Employees, offices, inventory, property and sales can matter. Economic thresholds may apply for some taxes, while other taxes depend on physical activity. Registration with a secretary of state does not by itself answer every tax question.

    Example

    A Georgia company hires a remote employee in another state. That can trigger payroll withholding and other registration reviews even if the company has no storefront there.

    What to review

    Map people, property, inventory, sales and services by state; review each state’s current thresholds and filing instructions.

    Official source: www.irs.gov/businesses/small-businesses-self-employed/state-government-websites

  • What Should a Dental or Medical Practice Review With Its CPA?

    Short answer

    Review collections, payroll, owner compensation, equipment, financing and entity taxation together. Practice cash deposits alone do not describe the complete financial picture.

    Why this matters

    Insurance remittances, patient refunds and merchant settlements can complicate revenue records. Large equipment purchases and practice acquisitions require careful classification and timing. Payroll and benefits can affect both the entity and its owners.

    Example

    A practice buys equipment with a loan late in the year. The tax result depends on the asset, in-service date, financing and current depreciation rules, not simply the cash down payment.

    What to review

    Bring production and collection reports, bank records, payroll reports, loan agreements, equipment invoices and ownership documents.

    Official source: www.irs.gov/publications/p334

  • What Tax Records Should a Restaurant Keep for Sales, Tips and Payroll?

    Short answer

    Keep point-of-sale reports, payment-processor settlements, bank deposits, sales tax returns, tip reports and payroll records. Reconcile them by period rather than treating bank deposits as gross sales.

    Why this matters

    Card deposits may be reduced by merchant fees, refunds and paid-out tips. Employee-reported tips affect payroll tax calculations. Larger food or beverage establishments may also have Form 8027 reporting duties.

    Example

    A $10,000 POS sales report may settle to a lower bank deposit after fees and refunds. The difference needs a clear reconciliation; it is not automatically missing revenue.

    What to review

    Review taxable sales categories, tip pooling, service charges, payroll reports, inventory and deposit timing.

    Official source: www.irs.gov/businesses/small-businesses-self-employed/tip-recordkeeping-and-reporting

  • What Is the Georgia Pass-Through Entity Tax Election?

    Short answer

    Eligible Georgia S corporations and partnerships can elect to pay certain income tax at the entity level. The election changes how qualifying income and related tax are handled on the entity and owner returns.

    Why this matters

    Georgia’s election is made on the applicable entity return by its due date, including a valid extension, and becomes irrevocable after that deadline. Owners should coordinate the state return with their individual returns and estimated payments.

    Example

    A partnership considering the election should model the Georgia entity tax and each owner’s return before filing Form 700. An election that helps one owner may have a different effect on another.

    What to review

    Review eligibility, owners’ residency, income allocation, election deadline, estimates and current Georgia instructions.

    Official source: dor.georgia.gov/hb-149-pass-through-entity-tax-faq

  • Can an S Corporation Deduct the Owner’s Health Insurance?

    Short answer

    Often yes, but a more-than-2% shareholder-employee has special reporting rules. Premiums paid or reimbursed by the S corporation generally enter the shareholder’s Form W-2 and may support an individual self-employed health insurance deduction if requirements are met.

    Why this matters

    The corporation must establish the plan in the required manner and coordinate payroll reporting. The wage amount generally is subject to income tax withholding but may be excluded from Social Security and Medicare wages when the applicable conditions are met.

    Example

    A 100% owner pays personal premiums and asks the company to reimburse them. Before year-end, the company should review payment evidence and W-2 treatment, rather than booking the amount as an ordinary employee benefit without analysis.

    What to review

    Check the shareholder percentage, policy payment or reimbursement, W-2 boxes, other health coverage and the individual deduction requirements.

    Official source: www.irs.gov/businesses/small-businesses-self-employed/s-corporation-compensation-and-medical-insurance-issues

  • How Much Salary Should an S Corporation Owner Take?

    Short answer

    There is no universal percentage or fixed salary. A shareholder who performs services should receive reasonable compensation for that work before nonwage distributions.

    Why this matters

    Relevant facts can include duties, time devoted, experience, comparable pay, the company’s condition and compensation to other workers. The IRS can reclassify distributions as wages when compensation is unreasonably low.

    Example

    If the owner manages daily operations and takes distributions but no W-2 pay, the payroll treatment deserves immediate review. A passive shareholder’s circumstances may differ.

    What to review

    Document the owner’s work, comparable compensation, payroll records and distributions; revisit the amount as the business changes.

    Official source: www.irs.gov/businesses/small-businesses-self-employed/s-corporation-compensation-and-medical-insurance-issues