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Ever since President Obama raised the idea of taxing health care benefits, I’ve been asked what I think about the plan. Specifically, I’ve received a number of emails which more or less ask three questions:

  1. How would it work?
  2. Do I think it’s fair?
  3. Do I like it?

I’m happy to oblige. But first, some history.

This idea of taxing health care benefits is nothing new. In fact, Senator John McCain put forth a similar proposal when he was running for President. At the time, the idea was widely criticized as damaging to working Americans. But, of course, even last summer, most Americans were blissfully (or perhaps not so much) unaware of the economic crisis that was brewing.

Jump ahead to today’s economic climate. Unemployment is up. Tax revenue is down. Government expenditures are up. The percentage of employers offering full benefits, including health insurance, is down.

And suddenly, that idea from more than a year ago doesn’t look so bad to many Congressional officials. Go figure.

So now, the proposal is not only back on the table, it’s back in a big way: it’s actually making its way through Congress.

So what’s the basic idea? Put simply, it would characterize employer-provided health insurance benefits as taxable. So, for example, to the extent that your employer pays a portion – or all – of your health insurance benefits, that portion would be reportable as taxable income on your form W-2 at the end of the year. To the extent that you pay a portion – or all – of your health insurance costs yourself, that portion is not taxable.

Sounds pretty simple, right?

That’s the answer to the first question.

Now, to the second: do I think it’s fair?

Actually, I do. Health insurance is a massive benefit not provided to all employees. It’s a perk. And a substantial one. If taxed, health care benefits are estimated to be worth nearly $246 billion in revenue – that’s nearly ten times the entire revenues of the state of Pennsylvania alone.

Let’s compare two employees, each nearly identical. One employee makes $50,000 per year and receives health insurance benefits of $4,700/year paid by her employer. The other employee makes $50,000 per year and pays her own health insurance costs of $4,700/year.

(Those figures are based upon the following statistics: In 2008, the annual premium for an employer health plan covering a family of four averaged nearly $12,700. The annual premium for single coverage averaged over $4,700. Median income in the US was approximately $50,000.)

What’s the difference?

Assuming a 20% tax rate (for easy math), here’s the breakdown:

The first employee has $4,700 health insurance benefit tax-free and walks away with $40,000 in cash ($50,000 – 20% tax on $50,000).

The second employee walks away with $35,300 in cash ($50,000 – 20% tax on $50,000 = $40,000 – $4,700 in health insurance). Even worse, the employee may not be able to fully deduct the cost of the health insurance because she must first satisfy the medical expenses floor and then only if she itemizes. And, complicating matters, the cost of that insurance is likely much higher for the employee – individual rates are statistically much more expensive than corporate rates (I can personally attest to this – my husband and I save several hundreds of dollars per month by buying coverage through our firm).

Is that fair?

If employees were taxed on the health care benefit, here’s the breakdown:

The first employee now walks away with $39,060 ($50,000 – 20% tax on $54,700, the cost of salary plus benefits).

The second employee still walks away with $35,300 ($50,000 – 20% tax on $50,000 = $40,000 – $4,700 in health insurance).

Remarkably, in both examples, the first employee is better off than the second employee. In the second example, however, there’s a wee bit more parity. So, do I think taxing health benefits is fair? Yeah, I do. Because getting health insurance benefits tax free is, quite simply, the same as being paid more to begin with.

But almost everyone gets health insurance as a perk, right?

Actually, no. Nearly 80% of all businesses in the US are self-employed. (Source: US Census) That means that at least 80% of the US workforce provides their own health care benefits; it is not a company-sponsored benefit. Additionally, most small businesses are overwhelmingly sole proprietors, partnerships, LLCs, LLPs, or S corporations, each of which has restrictions on tax deductibility for health insurance.

Of the remaining businesses in the US who report having paid employees, 78% have fewer than 10 employees. (Source: US Census) The US is still very much driven by small business. And small business is paying a lot for health care. Many small businesses have been priced out of quality employees because of the cost of health care. Interestingly, making health care insurance taxable would make compensation packages as between smaller and larger businesses much more balanced.

So do I think taxing benefits is a fair proposal? Actually, I do.

Do I like it? That’s a totally different question. I’m not sure. I like the idea of it in theory but I think that the imposition of the tax would be akin to a slap in the face for many taxpayers. As a society, we’ve come to rely on those benefits as something that we’re entitled to, a perk that we deserve, something that no one should be able to touch. I think of it like the mortgage interest deduction, something that inherently and unfairly benefits a disproportionately small percentage of the population but something that US taxpayers have come to rely on when making lifestyle choices. The imposition of a tax on health care benefits might be an unexpected and unwelcome addition for taxpayers who have made choices about employment based on a benefits package that, up until recently, would have been tax advantageous.

It’s a politically dangerous – and potentially complicated – proposal. I happen to think it’s a step in the right direction, though. What do you think?

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Today’s post is courtesy of guest author, Sheryl Schuff. You can find out more about Sheryl by checking out her interview as part of my Getting To Know You Tuesday series.

Thanks to Kelly for inviting me over to share this space with a guest post for her readers.

I’ll be discussing some frequently misunderstood topics and overlooked deductions.

If your business files a corporate or partnership return

Your return was due March 16th. If you filed an extension, remember that it’s only an extension of time to file your paperwork, not an extension of time to pay any tax that might be due.

If you file as an S corp or a partnership, you don’t pay any taxes with your return; it’s considered an “information return.” But you might actually qualify for an income tax refund even if you had no tax due. My favorite example of this (and one that is often missed) is the credit for Federal tax paid on fuels.

For example, say you run a lawn mowing and landscaping service. Some of the gasoline you buy is for your vehicles, but some (possibly a lot) is to power your mowers and other equipment that is used off-road. You’re entitled to a tax credit for the off highway business use.

The credit this year is 18.4 cents per gallon. You need to file Form 4136 to get this credit and (as with all tax deductions and credits) you must have proper documentation for proof. If you don’t have the required receipts for this year, make sure to start keeping them for next year.

The price you pay at the pump for all of your gasoline includes Federal tax. The easiest way to keep track of off-road use is to get two fuel receipts every time you fill up. Fill your car or truck first, stop the pump, and pay for that gas. Start over, fill the gas cans you have with you that you’ll use later to fill your mowers, trimmers, hedgers, etc. That second receipt is the one you’ll be able to use to claim the fuel tax credit.

The deductibility of health insurance premiums can be a confusing subject for S corp owners. If you own more than 2% of the stock in an S corp (which you probably do if it’s your company), then the corporation can NOT deduct as a business expense the cost of health insurance premiums it pays for you.

Wait, don’t shoot, I’m just the messenger. Sorry if this is news to you, but it’s the law. What can you do about it?

You’re allowed to include the cost of the health insurance premiums on line 29 (self-employed health insurance deduction) of your individual Form 1040 as an adjustment for adjusted gross income. The amount should have been reported to you on your W-2. Of course, you would have had to tell your payroll service what the amount was in order for them to include it.

Another thing you might want to do is consider becoming a C corporation. The reason I suggest this is that a C corp is allowed to set up what’s called a Section 105 medical reimbursement plan. Under such a plan, the corporation can deduct as a business expense the amount of health insurance premiums and medical expenses it pays on your behalf or reimburses you for. These amounts are not income to you.

This is potentially a huge benefit for you, because it means that you could make all your medical expenses deductible, regardless of your adjusted gross income. You wouldn’t have to wait until they were greater than 7.5 % of AGI to include them on Schedule A (itemized deductions) of your 1040.

This kind of plan has to be offered to all full-time employees, so it’s usually most attractive when the only employees are you and your spouse.

There are many other factors that should be analyzed before making a decision to file taxes as a C corp, so be sure to get professional help before making your choice.

If you’re a sole proprietor or single member LLC and file Schedule C

In certain circumstances, you, too, can set up a Section 105 medical reimbursement plan. If you as the business owner can hire your spouse (for legitimate work), then your business can pay for health insurance premiums and reimburse medical expenses to your spouse and deduct the amounts as business expenses. You can be covered as a dependent on your spouse’s policy and your expenses can be deducted also. You can include your children’s medical expenses, too, (as dependents) even if they don’t work in the business.

You can’t do this if you’re not married. You can still take the self-employed health insurance deduction on line 29, but you can’t have a Section 105 plan.

Wait. All is not lost. Don’t pull the trigger. Read what I wrote above and think about incorporating. Consider all the facts of your situation and get help before you decide.

If you work from home, you might qualify for the home office deduction. Contrary to popular opinion, there is no proof that taking this deduction increases your chances for an audit. If you qualify and have adequate documentation, why worry?

I’ve written about this subject more extensively here: http://sherylschuff.com/blog/taxes/home-office-deduction-chance-of-audit/

A deduction that is commonly misunderstood by many home-based business owners concerns telephone expenses. You can not deduct the cost of basic monthly residential service for the first (or only) landline telephone at your residence. This is true even if the landline is used 100% for business.

If you pay for business service (not residential) then the monthly fee is deductible.

Any business related long distance charges (that you can prove) and any additional services that are for business use (such as caller ID, call waiting, three way calling, and voice mail) are deductible.

Two related notes for all business owners (and those thinking about getting started): If you recently started your business after losing a “regular” job, you might qualify for a 35% credit on COBRA health insurance. And if you live in Delaware, Maine, Maryland, New Jersey, New York, Oregon, or Pennsylvania you might qualify for special unemployment compensation programs for new business startups.

Hope this article has helped you and that you save a bundle on your taxes this year. If you have questions, please leave a comment and if it’s OK with Kelly, I’ll do my best to get you an answer. (Psst, from Kelly: it is!)

Sheryl’s disclaimer: The information presented here is not to be considered tax advice and is not a substitute for services in the areas of tax planning and/or preparation performed by a professional who is familiar with the details of your particular situation. This material is intended to be educational and I encourage you to discuss it with your team of personal financial advisors.

Thanks Sheryl, for sharing! If you want to read more about Sheryl, be sure and visit her blog.

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It’s “Ask the taxgirl: LIVE!” I hope you can stop by today at 11:00am to listen in. The focus is on small business tax questions with specific emphasis on home businesses and freelancers. You can ask your questions about small business a number of ways:

  1. Call in: (646) 716-7150 (regular charges apply)
  2. Email me: askthetaxgirl@taxgirl.com (put LIVE in the subject line!)
  3. Skype me: lawmummy

Listen LIVE using the embedded player above – or click over to BlogTalkRadio.

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Taxpayer asks:


Aloha

I am a bookkeeper for a small company. My boss wrote a check to a restaurant for preparing food for our Christmas party and it was over the amount for a 1099. I faxed a W-9 that week and have never heard a word. We just found out that the restaurant closed its doors and went out of business within the next 2 days of when we had our party. As a result I have no address or EIN number. How do I handle the 1099?

Taxgirl says:

I would handle a form 1099 for an out of business company exactly as if the company were still in business.

With respect to the EIN, I would mail (not fax) by certified mail and by regular mail a copy of the form W-9 to the last known mailing address, and make the request for the taxpayer ID number. If the taxpayer does not respond, I would issue the form 1099 with the word “refused” typed into the box and mail to the last known mailing address. Note that penalties may apply to both the taxpayer and the issuer.

With respect to the address, hopefully the business has arranged to forward its mailing address. You aren’t required to be a detective or chase a closed business down – the business has a responsibility to wrap up its affairs properly.

All of that said, I’m not sure why you need to issue a 1099 for the restaurant in this case. Forms 1099 are usually issued to individuals or partnerships, not corporations, with a few exceptions – read my prior post about it here.

Like any good lawyer, I need to add a disclaimer: Unfortunately, it is impossible to give comprehensive tax advice over the internet, no matter how well researched or written. Before relying on any information given on this site, contact a tax professional to discuss your particular situation.

Have a question? Ask the taxgirl!Now on Facebook!

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Looking to jump start your business?

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Keep an eye out for the b5 media Business Channel “Jump Start Your Business” contest. You can win fabulous prizes including software, web hosting, tee shirts, books and the best prize of all, advice from b5 media’s Business Channel experts.
You’ll find details here and at many of the Business Channel blogs and (shortly) on [...]

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