Category Archives: Year-End Tax Planning

By Susan Elise Campbell

Year-end may be a good time to consider restructuring a small business to shield personal assets from potential liabilities. 

The tax code allows for several options, according to Paul Dowen, CPA, and partner at Whittemore, Dowen & Ricciardelli, LLP, certified public accountants serving the North Country and Saratoga County. Dowen said the typical choice today is between a limited liability company (LLC) or a Subchapter S corporation (S corp), although there are other entities. 

Both provide some protection for the owner by limiting personal liability, just as a corporation does. If the company has debt or other financial obligations, owners are not personally responsible for satisfying them.

“In a retail store or restaurant with people coming in and out of the building, you might have product liability,” he said. “Both LLCs and S corps give you some protection.”

“The confusion is that an LLC can be organized as a sole proprietorship, a partnership, a C corp or an S corp,” he said. “If a client tells me their business has been set up by the attorney as an LLC, I know there is some liability protection, but that doesn’t tell me how the company is being taxed.”

By Eric Snell

As we enter the annual season of giving, you might be thinking of charities you wish to support. But you also might be wondering how to gain some tax benefits from your gifts.

It used to be pretty straightforward: You wrote a check to a charity and then deducted the amount of the gift, within limits, from your taxes. But a few years ago, as part of tax law changes, the standard deduction was raised significantly, so fewer people were able to itemize deductions. Consequently, there was less financial incentive to make charitable gifts. 

Of course, this didn’t entirely stop people from making them. And it’s still possible to gain some tax advantages, too. 

Here are a few tax-smart charitable giving strategies:

• Bunch your charitable gifts into one year. If you combine a few years’ worth of charitable gifts in a single year, you could surpass the standard deduction amount and then itemize deductions for that year. In the years following, you could revert to taking the standard deduction. 

• Make qualified charitable distributions. Once you turn 73 (or 75 if you were born in 1960 or later), you must start taking withdrawals from your traditional or inherited IRA. These withdrawals — technically called required minimum distributions, or RMDs — are taxable at your personal income tax rate, so, if the amounts are large enough, they could push you into a higher tax bracket or cause you to pay larger Medicare premiums. 

Christian Snyder of Saratoga Springs, J.D., CFA, has been appointed president of Fenimore Asset Management, an independent, Capital Region-based investment advisory firm and manager of the FAM Funds family of mutual funds.

He succeeds Debra Pollard who is retiring from Fenimore at the end of 2022 after a tenure of more than 30 years with the company, the last six as president.

Snyder will work closely with Fenimore founder and Executive Chairman Tom Putnam, Chief Executive Officer John Fox, and the management team to guide the 48-year-old firm into the future.

“Fenimore prides itself on attracting and retaining associates who share our strong values, distinctive investment philosophy, and dedication to service excellence. Deb and Christian exemplify these traits,” said Fox.

“Christian has nearly two decades of experience in the financial services industry along with a solid track record of leadership and integrity. We are excited to have him on the team and look forward to working together to further our mission of preserving and growing our investors’ capital over the long term.”

Snyder joins Fenimore after five years as chief operating officer of the Wealth Strategies Group at Goldman Sachs Ayco Personal Financial Management. Prior to that, he served three years as associate counsel and then deputy general counsel for the company. 

By Joanna Piscitella, CPA
The Internal Revenue Service has issued final regulations on the business expense deduction for meals and entertainment following changes made by the 2017 Tax Cuts and Jobs Act (TCJA).
The Treasury Department and the IRS did not receive any requests to speak at a public hearing on the proposed regulations but they had received written and electronic comments in response to the proposed regulations.
These written comments were incorporated into the new regulations.
As a reminder, the 2017 TCJA generally eliminated the deduction for any expenses related to activities generally considered entertainment, amusement or recreation. However, taxpayers may still deduct business expenses related to food and beverages if certain requirements are met (Typically limited to 50 percent of the expenditure).

BY Mickey Orta
The top two questions that financial professionals have been hearing from customers are: “What’s going to happen to my investments and financial plans depending on the results of the presidential election?” and “When will things get back to normal post-COVID?”
While these questions can’t be answered directly, that doesn’t mean we have to sit tight without taking any action.
It’s probably safe to say that 2020 has not unfolded in a way that any of us could have predicted. The COVID-19 pandemic upended everyone’s plans—financially, and in general—starting in March. A busy and heavily contested election season added to the feeling of heading into the unknown.
Whether you’re looking at financial planning for 2021 from the perspective of a business or as an individual, the pandemic isn’t going away and so uncertainty is likely to continue.
To help reduce some stress, take a look at what is in your control and focus on those elements. Financial planning has many components that are squarely within your control.

BY Jessica M. Blanchette
Commercial tenants: Remember that extensive and wholly uninteresting document entitled “lease agreement” that you scanned, signed, then shoved into a file folder and never thought of again?
Well, it’s making a comeback.
If you are one of the many businesses struggling to pay your rent due to the economic effects of the COVID-19 pandemic, your lease agreement should be one of the first resources to which you turn for guidance.
Like all contracts, commercial leases typically include the standard who, what, where, when, and why provisions of an agreement between a landlord and tenant. But they generally go beyond that as well and many leases, especially long-term ones, also contain lengthy provisions outlining the rights, obligations, and, perhaps most importantly, protections for both landlords and tenants.

By John Flory III
It is time for businesses to play offense against cyber criminals: For the last 200 days the business world has faced unimaginable challenges. These challenges have forced us to stray from our comfort zone, modify our existing tried and true policies as we fought to survive. Going forward we have to anticipate the unexpected and be prepared for anything.
The strength of the American Economy comes from the resilient nature of its’ businesses. Solving for these challenges just makes them stronger.
The speed at which a “work from home” adaptation occurred and the laxing of policies to account for the transition, while closing the doors, has opened an enormous number of windows. While we have been learning how to be “operable”, cyber criminals have been ramping up their capabilities to exploit this new opportunity exposed to them. Where email phishing is still the primary way criminals are stealing from us, their tactics are changing, and we need to take an offensive approach to defending our livelihoods and our homes.