Small Business Reorganization Act of 2019 (HR 3311) – Scheduled to take effect starting in February 2020, this new law offers small businesses more agreeable terms when filing for Chapter 11 bankruptcy status. The bill gives owners:
More time (90 days) to file a reorganization plan with easier rules for extension
The ability to retain ownership of the company even if debts are not paid in full
A new formula for debt payments based on projected disposable income over three to five years
Reduced red tape through the appointment of a “standing trustee” (instead of a credit committee) to oversee the reorganization process
A more “fair and equitable” process to determine owner and creditor equity interests
More protection against creditor ability to take away personal assets, such as a home
This bill was introduced by Rep. Ben Cline (R-VA) on June 18 and signed into law by the president on Aug. 23.
HAVEN Act (HR 2938) – Introduced on May 23 by Rep. Lucy McBath (D-GA), this legislation was enacted on Aug. 23. It stands for “Honoring American Veterans in Extreme Need.” The new bill eliminates veterans’ disability benefits (joining the status of Social Security payouts) from being included as income for the purpose of determining how much a veteran who files for personal bankruptcy must pay creditors.
National Guard and Reservists Debt Relief Extension Act of 2019 (HR 3304) – This bill was introduced by Rep. Steve Cohen (D-TN) on June 18 and signed into law on Aug. 23. The legislation reauthorizes an exemption to certain bankruptcy means-testing for members of the National Guard and Reserves (serving on active duty or in a homeland defense activity for at least 90 days) who file for bankruptcy.
Family Farmer Relief Act of 2019 (HR 2366) – This legislation increases the Chapter 12 operating debt cap to $10 million, which will enable more family farmers to seek relief under the U.S. Bankruptcy Code. The bill was introduced on April 3 by Rep. Antonio Delgado (D-NY) and was signed into law by the president on Aug. 23.
Creating Advanced Streamlined Electronic Services for Constituents Act of 2019 (HR 1079) – This bill mandates the Office of Management and Budget to create a private, secure electronic submission process to request assistance for government services such as Social Security, Medicare, Veterans Affairs or any other federal agency. The legislation was introduced on Feb. 7 by Rep. Garrett Graves (R-LA). The president signed the bill into law on Aug. 22.
Emergency Medical Services for Children Program Reauthorization Act of 2019 (HR 776) – This bill reauthorizes (through fiscal year 2024) the Emergency Medical Services for Children Program. This is a grant program administered by the Health Resources and Services Administration that works to improve emergency healthcare for children who are seriously ill or injured. The legislation was sponsored by Rep. Peter King (R-NY). It was introduced on Jan. 24 and signed into law by the president on Aug. 22.
Debt Relief for Military Service Members, Veterans, Family Farmers and Small Business Owners
October 1, 2019 · Blog, Congress at Work
⏱ 3 min read
Small Business Reorganization Act of 2019 (HR 3311) – Scheduled to take effect starting in February 2020, this new law offers small businesses more agreeable terms when filing for Chapter 11 bankruptcy status. The bill gives owners:
More time (90 days) to file a reorganization plan with easier rules for extension
The ability to retain ownership of the company even if debts are not paid in full
A new formula for debt payments based on projected disposable income over three to five years
Reduced red tape through the appointment of a “standing trustee” (instead of a credit committee) to oversee the reorganization process
A more “fair and equitable” process to determine owner and creditor equity interests
More protection against creditor ability to take away personal assets, such as a home
This bill was introduced by Rep. Ben Cline (R-VA) on June 18 and signed into law by the president on Aug. 23.
HAVEN Act (HR 2938) – Introduced on May 23 by Rep. Lucy McBath (D-GA), this legislation was enacted on Aug. 23. It stands for “Honoring American Veterans in Extreme Need.” The new bill eliminates veterans’ disability benefits (joining the status of Social Security payouts) from being included as income for the purpose of determining how much a veteran who files for personal bankruptcy must pay creditors.
National Guard and Reservists Debt Relief Extension Act of 2019 (HR 3304) – This bill was introduced by Rep. Steve Cohen (D-TN) on June 18 and signed into law on Aug. 23. The legislation reauthorizes an exemption to certain bankruptcy means-testing for members of the National Guard and Reserves (serving on active duty or in a homeland defense activity for at least 90 days) who file for bankruptcy.
Family Farmer Relief Act of 2019 (HR 2366) – This legislation increases the Chapter 12 operating debt cap to $10 million, which will enable more family farmers to seek relief under the U.S. Bankruptcy Code. The bill was introduced on April 3 by Rep. Antonio Delgado (D-NY) and was signed into law by the president on Aug. 23.
Creating Advanced Streamlined Electronic Services for Constituents Act of 2019 (HR 1079) – This bill mandates the Office of Management and Budget to create a private, secure electronic submission process to request assistance for government services such as Social Security, Medicare, Veterans Affairs or any other federal agency. The legislation was introduced on Feb. 7 by Rep. Garrett Graves (R-LA). The president signed the bill into law on Aug. 22.
Emergency Medical Services for Children Program Reauthorization Act of 2019 (HR 776) – This bill reauthorizes (through fiscal year 2024) the Emergency Medical Services for Children Program. This is a grant program administered by the Health Resources and Services Administration that works to improve emergency healthcare for children who are seriously ill or injured. The legislation was sponsored by Rep. Peter King (R-NY). It was introduced on Jan. 24 and signed into law by the president on Aug. 22.
Disclaimer
These articles provide general information on tax, accounting, and financial topics for small businesses and individuals. They are educational in nature and are not specific legal, accounting, financial, tax, or other professional advice, and should not be relied upon as such. This content was prepared by Service2Client and may have been reviewed or edited by the website owner for accuracy and compliance. Look for a trust mark below for verification details. No representation is made that any approach described will achieve a particular result, and no regulatory or professional body has reviewed or endorsed this content. Because each situation is different, readers should consult a qualified professional about their specific circumstances before acting. Images accompanying these articles are protected by copyright and may not be copied or reused.
It might seem odd, but it is possible to get the IRS to give you a straight-forward and binding answer to ambiguous tax positions in advance. How does this happen, you ask? The answer is through an IRS private letter ruling.
IRS private letter rulings provide many benefits, but they are not easy to obtain. There are costs, potential delays, and even then, you run the risk of not being granted a ruling. This dynamic might seem odd as the entire point of applying for a private letter ruling is to obtain certainty. If your position is weak from a tax law perspective, the government could refuse to rule on it. Alternatively, if the position you are seeking is obviously correct, the government might refuse to rule as well because they don’t like to issue “comfort rulings.” Essentially, the only way to get the government to rule is to make a request regarding a position that is in the middle.
If you believe the tax position in question lies somewhere in the middle, requesting a private letter ruling may make sense. If you are more likely one of the outliers, then requesting a tax opinion usually makes more sense. The problem is that tax opinion, unlike private letter rulings, doesn’t bind the IRS.
Deciding Which Path to Take
If the relative certainty of the tax position in question doesn’t provide enough guidance, how do you decide to go after a tax opinion versus a private letter ruling? To make the choice, it helps to understand more details.
First, tax opinions can cover a broader range of topics and can be written about pretty much anything; rulings cannot. In fact, the IRS has an explicit list of subjects that it will not produce private letter rulings on (they modify it occasionally, but there’s always a list). As a result, the first step is to assess the list as this might make the choice for you.
Second, don’t request a private letter ruling unless there is a good chance you think it will be granted. For one, rulings are not cheap with fees often costing upward of $25,000 to obtain a ruling. If you get a “No” ruling against your position, you can withdraw the request to take the ruling off the books, but you may or may not get the fee back. Moreover, when you withdraw a request for a ruling, the IRS sends a notice to your local IRS field office, potentially flagging your return for audit.
Third, opinions can be quick and obtained in as little as a few days or weeks. Rulings, on the other hand, often take months. Also consider that a request for a ruling must be specific and there is little room for modification after filing. Opinions have more flexibility.
Private Letter Ruling Process
Given the specificity and consequence of requesting a ruling, there are intermediate steps to help you test the water before you go all in. Nearly all ruling requests start by initiating a discussion with the IRS to get their general view on your proposed ruling. After this, the taxpayer usually submits a brief memo covering the facts and ruling they are looking to obtain. Next, there are more meetings either in person or by phone with IRS attorneys involved. At this point, if everything looks good, you can prepare and submit the actual ruling request. If you back out at this point, you avoid triggering any fees (IRS fees – not your lawyers or accountants) or audit notices.
Benefits of a Ruling Versus an Opinion
The reason taxpayers go through the time, expense and effort to obtain rulings instead of opinions is that they have several advantages. First, rulings are binding on the IRS. Second, you don’t need to consider penalty protection. Most of all, they provide certainty. Given the difficulty in obtaining a ruling, they generally make financial sense only when a taxpayer has a seriously substantial tax position in play, or at least will over time, and he wants to protect against future audits and legal challenges.
How to Get the IRS to Pre-Approve Your Taxes
October 1, 2019 · Blog, Tax and Financial News
⏱ 4 min read
It might seem odd, but it is possible to get the IRS to give you a straight-forward and binding answer to ambiguous tax positions in advance. How does this happen, you ask? The answer is through an IRS private letter ruling.
IRS private letter rulings provide many benefits, but they are not easy to obtain. There are costs, potential delays, and even then, you run the risk of not being granted a ruling. This dynamic might seem odd as the entire point of applying for a private letter ruling is to obtain certainty. If your position is weak from a tax law perspective, the government could refuse to rule on it. Alternatively, if the position you are seeking is obviously correct, the government might refuse to rule as well because they don’t like to issue “comfort rulings.” Essentially, the only way to get the government to rule is to make a request regarding a position that is in the middle.
If you believe the tax position in question lies somewhere in the middle, requesting a private letter ruling may make sense. If you are more likely one of the outliers, then requesting a tax opinion usually makes more sense. The problem is that tax opinion, unlike private letter rulings, doesn’t bind the IRS.
Deciding Which Path to Take
If the relative certainty of the tax position in question doesn’t provide enough guidance, how do you decide to go after a tax opinion versus a private letter ruling? To make the choice, it helps to understand more details.
First, tax opinions can cover a broader range of topics and can be written about pretty much anything; rulings cannot. In fact, the IRS has an explicit list of subjects that it will not produce private letter rulings on (they modify it occasionally, but there’s always a list). As a result, the first step is to assess the list as this might make the choice for you.
Second, don’t request a private letter ruling unless there is a good chance you think it will be granted. For one, rulings are not cheap with fees often costing upward of $25,000 to obtain a ruling. If you get a “No” ruling against your position, you can withdraw the request to take the ruling off the books, but you may or may not get the fee back. Moreover, when you withdraw a request for a ruling, the IRS sends a notice to your local IRS field office, potentially flagging your return for audit.
Third, opinions can be quick and obtained in as little as a few days or weeks. Rulings, on the other hand, often take months. Also consider that a request for a ruling must be specific and there is little room for modification after filing. Opinions have more flexibility.
Private Letter Ruling Process
Given the specificity and consequence of requesting a ruling, there are intermediate steps to help you test the water before you go all in. Nearly all ruling requests start by initiating a discussion with the IRS to get their general view on your proposed ruling. After this, the taxpayer usually submits a brief memo covering the facts and ruling they are looking to obtain. Next, there are more meetings either in person or by phone with IRS attorneys involved. At this point, if everything looks good, you can prepare and submit the actual ruling request. If you back out at this point, you avoid triggering any fees (IRS fees – not your lawyers or accountants) or audit notices.
Benefits of a Ruling Versus an Opinion
The reason taxpayers go through the time, expense and effort to obtain rulings instead of opinions is that they have several advantages. First, rulings are binding on the IRS. Second, you don’t need to consider penalty protection. Most of all, they provide certainty. Given the difficulty in obtaining a ruling, they generally make financial sense only when a taxpayer has a seriously substantial tax position in play, or at least will over time, and he wants to protect against future audits and legal challenges.
Disclaimer
These articles provide general information on tax, accounting, and financial topics for small businesses and individuals. They are educational in nature and are not specific legal, accounting, financial, tax, or other professional advice, and should not be relied upon as such. This content was prepared by Service2Client and may have been reviewed or edited by the website owner for accuracy and compliance. Look for a trust mark below for verification details. No representation is made that any approach described will achieve a particular result, and no regulatory or professional body has reviewed or endorsed this content. Because each situation is different, readers should consult a qualified professional about their specific circumstances before acting. Images accompanying these articles are protected by copyright and may not be copied or reused.
The rise in the number of data breaches reported every other day has become a major concern – even to the ordinary internet user. As a result, we have all become aware of the need to maintain privacy while online. One of the measures promising to keep you safe on the internet is the use of a virtual private network (VPN). But before rushing to install one of the many VPNs available, it’s important to understand what a VPN is, why you need it, if it is foolproof and other ways to stay safe on the internet.
What is a VPN?
The VPN service lets you browse the internet privately by masking your IP address – the unique address identifying your device on the web. It also encrypts your internet traffic as it passes through a secure tunnel created from your device to a remote server. Your data appears to be coming from the remote server. This means that a VPN can hide your geographical location, personal data, web browsing history, spending habits and mobile phone activities.
Initially, VPNs were built for business environments to help a business operate a secure network connection. But with today’s cyber security concerns, they have become popular and more widespread.
Why Would You Need to Use a VPN?
There are numerous reasons why a person would need to enlist the services of a VPN company. Here are some situations that require the use of a VPN:
Since Congress cleared the way for ISPs to sell users’ browsing history without their consent, privacy is a thing of the past. This means that an internet service provider can sell your browsing data to third parties. A VPN can mask your IP address from your service provider.
The encryption offered by VPNs guards against digital threats, hacking, malware attacks and identify theft.
VPNs help keep hackers and marketers from tracking your movement online.
If you travel to a country where you can’t access some sites, for instance in China where Facebook is not allowed, a VPN will help you stay in touch on any of these blocked sites.
When using public Wi-Fi in airports or any other place that offers free Wi-Fi, a VPN comes in handy.
Employers who have workers going out for field work or working remotely can set up a VPN to help access company networks securely.
Used by whistleblowers, law enforcement agencies, investigative journalists and others who want to shield their identities or location.
For user with Voice over IP (VOIP) for making calls, a VPN will help prevent your phone conversations from being tracked or intercepted.
When you need to visit questionable websites but want to be safe. For instance, when your identity is stolen and you want to find the website selling your data.
The Bad Side of Using a VPN
Although a VPN service may sound perfect for internet security, it also has some disadvantages. Keep in mind that your internet service provider may no longer have your data, but the VPN provider now has access to it.
A VPN is not 100 percent guaranteed. The VPN provider could be disconnected or there could be a Domain Name Server (DNS) leak. Even with advanced features such as kill switch, VPN data can still leak through software, hardware or other means.
If you fail to use the right VPN, you’ll be in more problems than you are running from. Some VPNs (especially the free services) keep log files. There is no telling where your private data will end up. They could end up selling your data to third parties or supplying your information to the government.
These services also slow down your internet access speed due to the process of data encryption and tunneling network traffic to a remote server that is used to connect you to the internet.
It is not possible to know if the VPN provider commits to what they promise. The only way to find out is when things go wrong. They may promise not to keep logs, but if you fail to read the privacy policy of a VPN company, you will not know if they retain customer data.
A VPN doesn’t protect you from viruses and malware.
Other Security Measures
Since a VPN is not foolproof, it is important that you also observe other security measures to protect your privacy.
It is crucial that you practice digital privacy hygiene. In other words, when online you should limit the amount of personal information that you share. This will help minimize your digital footprint.
Investing in quality antivirus software will protect your device from malware and viruses.
Regularly check if your data has been compromised. Check for strange activity in your emails, social media accounts and even in your bank account.
Use strong passwords or other security features such as biometrics to secure your accounts.
Final Word
You may come across many different types of products and services that promise to keep you safe on the internet. The bottom line is, it’s up to you to protect yourself. A combination of several security measures is a good starting point – the use of a VPN, strong passwords and antivirus programs.
What is VPN and Why Do You Need It?
October 1, 2019 · Blog, What's New in Technology
⏱ 5 min read
The rise in the number of data breaches reported every other day has become a major concern – even to the ordinary internet user. As a result, we have all become aware of the need to maintain privacy while online. One of the measures promising to keep you safe on the internet is the use of a virtual private network (VPN). But before rushing to install one of the many VPNs available, it’s important to understand what a VPN is, why you need it, if it is foolproof and other ways to stay safe on the internet.
What is a VPN?
The VPN service lets you browse the internet privately by masking your IP address – the unique address identifying your device on the web. It also encrypts your internet traffic as it passes through a secure tunnel created from your device to a remote server. Your data appears to be coming from the remote server. This means that a VPN can hide your geographical location, personal data, web browsing history, spending habits and mobile phone activities.
Initially, VPNs were built for business environments to help a business operate a secure network connection. But with today’s cyber security concerns, they have become popular and more widespread.
Why Would You Need to Use a VPN?
There are numerous reasons why a person would need to enlist the services of a VPN company. Here are some situations that require the use of a VPN:
Since Congress cleared the way for ISPs to sell users’ browsing history without their consent, privacy is a thing of the past. This means that an internet service provider can sell your browsing data to third parties. A VPN can mask your IP address from your service provider.
The encryption offered by VPNs guards against digital threats, hacking, malware attacks and identify theft.
VPNs help keep hackers and marketers from tracking your movement online.
If you travel to a country where you can’t access some sites, for instance in China where Facebook is not allowed, a VPN will help you stay in touch on any of these blocked sites.
When using public Wi-Fi in airports or any other place that offers free Wi-Fi, a VPN comes in handy.
Employers who have workers going out for field work or working remotely can set up a VPN to help access company networks securely.
Used by whistleblowers, law enforcement agencies, investigative journalists and others who want to shield their identities or location.
For user with Voice over IP (VOIP) for making calls, a VPN will help prevent your phone conversations from being tracked or intercepted.
When you need to visit questionable websites but want to be safe. For instance, when your identity is stolen and you want to find the website selling your data.
The Bad Side of Using a VPN
Although a VPN service may sound perfect for internet security, it also has some disadvantages. Keep in mind that your internet service provider may no longer have your data, but the VPN provider now has access to it.
A VPN is not 100 percent guaranteed. The VPN provider could be disconnected or there could be a Domain Name Server (DNS) leak. Even with advanced features such as kill switch, VPN data can still leak through software, hardware or other means.
If you fail to use the right VPN, you’ll be in more problems than you are running from. Some VPNs (especially the free services) keep log files. There is no telling where your private data will end up. They could end up selling your data to third parties or supplying your information to the government.
These services also slow down your internet access speed due to the process of data encryption and tunneling network traffic to a remote server that is used to connect you to the internet.
It is not possible to know if the VPN provider commits to what they promise. The only way to find out is when things go wrong. They may promise not to keep logs, but if you fail to read the privacy policy of a VPN company, you will not know if they retain customer data.
A VPN doesn’t protect you from viruses and malware.
Other Security Measures
Since a VPN is not foolproof, it is important that you also observe other security measures to protect your privacy.
It is crucial that you practice digital privacy hygiene. In other words, when online you should limit the amount of personal information that you share. This will help minimize your digital footprint.
Investing in quality antivirus software will protect your device from malware and viruses.
Regularly check if your data has been compromised. Check for strange activity in your emails, social media accounts and even in your bank account.
Use strong passwords or other security features such as biometrics to secure your accounts.
Final Word
You may come across many different types of products and services that promise to keep you safe on the internet. The bottom line is, it’s up to you to protect yourself. A combination of several security measures is a good starting point – the use of a VPN, strong passwords and antivirus programs.
Disclaimer
These articles provide general information on tax, accounting, and financial topics for small businesses and individuals. They are educational in nature and are not specific legal, accounting, financial, tax, or other professional advice, and should not be relied upon as such. This content was prepared by Service2Client and may have been reviewed or edited by the website owner for accuracy and compliance. Look for a trust mark below for verification details. No representation is made that any approach described will achieve a particular result, and no regulatory or professional body has reviewed or endorsed this content. Because each situation is different, readers should consult a qualified professional about their specific circumstances before acting. Images accompanying these articles are protected by copyright and may not be copied or reused.
No matter how old your children are, it’s always a good idea to start saving for college as soon as possible. (Yes, even when they’re still in diapers.) This might sound overwhelming, especially if you haven’t started, but take heart, it’s never too late. Here are a few things to do before you start saving, as well as smart ways to gather the resources you’ll need.
Figure Out How Much College Will Cost
Is your child interested in a state school? A small private university? Or a trade school? Create a list of schools, do the math and figure out a ballpark number of how much you’ll need. When you do this, you can calculate how much per month or year you need to set aside. The truth is that state schools are generally a lot less expensive. However, because private universities rely heavily on private donations, they also have a healthy number of scholarships available. If your child is more interested in a trade school, these can be even more affordable, depending on what they want to study.
Create a Long-Term Spreadsheet for All Your Expenses
You may want your children to go to college, but that’s not the only goal for a family. There’s saving for your own retirement, paying your mortgage and credit card bills. You’ll also want to save for emergencies. A good rule of thumb is to save up for three to six months of expenses. All of this might sound tough, but if you create a priority list, it’s absolutely possible.
Start an Education Savings Account (ESA)
Also known as an Education IRA, this fund allows you to save $2,000 (after taxes) per child, per year. And here’s the best part: it grows tax-free! You’ll also most likely earn a higher rate of return than you would with a regular savings account. But know this: you must be within the income limit to qualify; contributions are limited to $2,000 a year; and the money must be used by the time your child is 30.
Consider a 529 Plan
If the ESA sounds too limiting or you don’t meet the income limits, then a 529 Plan is a great option. You can contribute up to $300,000, but this varies by state. What’s more, most of the time there aren’t any income limits or restrictions based on age. And again, the cherry on top: it grows tax-free. But something to be mindful of when you’re shopping for a plan is whether you want to choose the funds you invest in through the account. Some 529s offer preselected funds or automatically change your investments based on the age of your child. Also, restrictions may apply if you choose to transfer your 529 Plan to another child.
Look into a UTMA or UGMA
Otherwise known as Uniform Transfer/Gift to Minors Act, this option is different because it is not created just for college savings. The account will be set up in your child’s name, but it will be controlled by a custodian, which is usually a parent or grandparent. When your child turns 21, the control of the account transfers to the child. While there are tax advantages for you, a significant downside is that your child can use the funds any way she wants. (College or trip to Vegas?)
Saving for college, especially these days, might seem daunting. But it’s not impossible. In fact, if you chart a course and stick to it, you’ll be in good shape when those little ones of yours become all grown up.
No matter how old your children are, it’s always a good idea to start saving for college as soon as possible. (Yes, even when they’re still in diapers.) This might sound overwhelming, especially if you haven’t started, but take heart, it’s never too late. Here are a few things to do before you start saving, as well as smart ways to gather the resources you’ll need.
Figure Out How Much College Will Cost
Is your child interested in a state school? A small private university? Or a trade school? Create a list of schools, do the math and figure out a ballpark number of how much you’ll need. When you do this, you can calculate how much per month or year you need to set aside. The truth is that state schools are generally a lot less expensive. However, because private universities rely heavily on private donations, they also have a healthy number of scholarships available. If your child is more interested in a trade school, these can be even more affordable, depending on what they want to study.
Create a Long-Term Spreadsheet for All Your Expenses
You may want your children to go to college, but that’s not the only goal for a family. There’s saving for your own retirement, paying your mortgage and credit card bills. You’ll also want to save for emergencies. A good rule of thumb is to save up for three to six months of expenses. All of this might sound tough, but if you create a priority list, it’s absolutely possible.
Start an Education Savings Account (ESA)
Also known as an Education IRA, this fund allows you to save $2,000 (after taxes) per child, per year. And here’s the best part: it grows tax-free! You’ll also most likely earn a higher rate of return than you would with a regular savings account. But know this: you must be within the income limit to qualify; contributions are limited to $2,000 a year; and the money must be used by the time your child is 30.
Consider a 529 Plan
If the ESA sounds too limiting or you don’t meet the income limits, then a 529 Plan is a great option. You can contribute up to $300,000, but this varies by state. What’s more, most of the time there aren’t any income limits or restrictions based on age. And again, the cherry on top: it grows tax-free. But something to be mindful of when you’re shopping for a plan is whether you want to choose the funds you invest in through the account. Some 529s offer preselected funds or automatically change your investments based on the age of your child. Also, restrictions may apply if you choose to transfer your 529 Plan to another child.
Look into a UTMA or UGMA
Otherwise known as Uniform Transfer/Gift to Minors Act, this option is different because it is not created just for college savings. The account will be set up in your child’s name, but it will be controlled by a custodian, which is usually a parent or grandparent. When your child turns 21, the control of the account transfers to the child. While there are tax advantages for you, a significant downside is that your child can use the funds any way she wants. (College or trip to Vegas?)
Saving for college, especially these days, might seem daunting. But it’s not impossible. In fact, if you chart a course and stick to it, you’ll be in good shape when those little ones of yours become all grown up.
These articles provide general information on tax, accounting, and financial topics for small businesses and individuals. They are educational in nature and are not specific legal, accounting, financial, tax, or other professional advice, and should not be relied upon as such. This content was prepared by Service2Client and may have been reviewed or edited by the website owner for accuracy and compliance. Look for a trust mark below for verification details. No representation is made that any approach described will achieve a particular result, and no regulatory or professional body has reviewed or endorsed this content. Because each situation is different, readers should consult a qualified professional about their specific circumstances before acting. Images accompanying these articles are protected by copyright and may not be copied or reused.
Coming out on the winning side of a lawsuit as a plaintiff can be a gratifying feeling, especially if there is a financial settlement involved. There is likely a sense of both relief and vindication. Unfortunately, far too often people are in for a shock when they realize that they must pay taxes on the award. You can even be taxed on your attorney fees! However, a little tax planning can go a long way, especially if you do it before the settlement is finalized and the award is substantial. Below are the five key rules to know so you can make the right move.
The Origin of the Claim Largely Determines the Tax Consequences The taxation of legal settlements is based on the origin or reason of the claim. For example, if you win a wrongful termination suit against an employer, your award will be taxed as both wages and likely some other income for whatever is allocated to emotional damages. On the other hand, if you sue the contractor who built your house for damage caused by his negligence, the settlement might not be deemed income at all and you could treat it as a reduction of the purchase price of the real asset. There are many exceptions in this area, and it always depends on the facts and circumstances of the case.
Physical Injuries Produce Tax-Free Awards, but Emotional Distress and Damages Are Taxable Damages received for suits involving a physical injury or illness are tax-free. Suits for emotional distress and defamation are taxable, including the physical symptoms of emotional distress (gastrointestinal problems, etc.). Be careful as the latter can be ambiguous, so agreeing on the nature of a physical symptom as the cause or result of emotional distress is best done with the defendant before you finalize the case.
Allocating Damages Legal disputes typically involve several issues and courses of conduct. As a result, settlements typically have multiple types of consideration, each with potentially different tax treatments. If the plaintiff and defendant both agree on the tax treatment before finalizing the case, then you can allocate the total damages to certain categories and save taxes. Such agreements are technically non-binding on the IRS, but they are rarely challenged.
Attorney Fees Plaintiffs who use a contingent fee lawyer are typically taxed on receiving 100 percent of the money recovered. This means you have to pay taxes even on the portion of your settlement that the lawyers keep as their fee. This is still the case even if your contingent fees are paid directly by the defendant. In clear cases of physical injury where the entire settlement is non-taxable, there’s no issue – but if your award is taxable, you’ll need to be careful.
Take an example where you collect a contingent fee settlement for emotional distress and receive $200,000, with your lawyer taking 30 percent or $60,000. In this case, you’ll typically be liable for taxes on the entire $200,000 and not just the $140,000 you keep. To make matters worse, aside from legal fees in employment and certain whistleblower claims, there’s no corresponding deduction for legal fees. There are potential ways to mitigate this, but tax advice early in the process is key.
Punitive Damages and Interest Generally, punitive damages and interest are always taxable. For example, take a case where you are hurt in an automobile crash and receive $100,000 in compensatory damages and another $3 million in punitive damages. The $100,000 is tax-free, whereas the $3 million is taxable.
Interest is treated similarly. Even if you receive a tax-free type of settlement, but it took time to finalize the settlement through the pre- or post-judgment process, the interest you receive is taxable. Therefore, it is often advantageous to settle a case instead of having it go to judgment.
Conclusion
The taxation of legal settlements and awards are nuanced and largely depend on the facts and circumstances of the case at hand. There are, however, many opportunities through proper tax planning to minimize the tax consequences, but only if you are proactive and plan early in the process.
The Five Key IRS Rules of Taxation for Lawsuit Settlements
September 1, 2019 · Blog, Tax and Financial News
⏱ 4 min read
Coming out on the winning side of a lawsuit as a plaintiff can be a gratifying feeling, especially if there is a financial settlement involved. There is likely a sense of both relief and vindication. Unfortunately, far too often people are in for a shock when they realize that they must pay taxes on the award. You can even be taxed on your attorney fees! However, a little tax planning can go a long way, especially if you do it before the settlement is finalized and the award is substantial. Below are the five key rules to know so you can make the right move.
The Origin of the Claim Largely Determines the Tax Consequences The taxation of legal settlements is based on the origin or reason of the claim. For example, if you win a wrongful termination suit against an employer, your award will be taxed as both wages and likely some other income for whatever is allocated to emotional damages. On the other hand, if you sue the contractor who built your house for damage caused by his negligence, the settlement might not be deemed income at all and you could treat it as a reduction of the purchase price of the real asset. There are many exceptions in this area, and it always depends on the facts and circumstances of the case.
Physical Injuries Produce Tax-Free Awards, but Emotional Distress and Damages Are Taxable Damages received for suits involving a physical injury or illness are tax-free. Suits for emotional distress and defamation are taxable, including the physical symptoms of emotional distress (gastrointestinal problems, etc.). Be careful as the latter can be ambiguous, so agreeing on the nature of a physical symptom as the cause or result of emotional distress is best done with the defendant before you finalize the case.
Allocating Damages Legal disputes typically involve several issues and courses of conduct. As a result, settlements typically have multiple types of consideration, each with potentially different tax treatments. If the plaintiff and defendant both agree on the tax treatment before finalizing the case, then you can allocate the total damages to certain categories and save taxes. Such agreements are technically non-binding on the IRS, but they are rarely challenged.
Attorney Fees Plaintiffs who use a contingent fee lawyer are typically taxed on receiving 100 percent of the money recovered. This means you have to pay taxes even on the portion of your settlement that the lawyers keep as their fee. This is still the case even if your contingent fees are paid directly by the defendant. In clear cases of physical injury where the entire settlement is non-taxable, there’s no issue – but if your award is taxable, you’ll need to be careful.
Take an example where you collect a contingent fee settlement for emotional distress and receive $200,000, with your lawyer taking 30 percent or $60,000. In this case, you’ll typically be liable for taxes on the entire $200,000 and not just the $140,000 you keep. To make matters worse, aside from legal fees in employment and certain whistleblower claims, there’s no corresponding deduction for legal fees. There are potential ways to mitigate this, but tax advice early in the process is key.
Punitive Damages and Interest Generally, punitive damages and interest are always taxable. For example, take a case where you are hurt in an automobile crash and receive $100,000 in compensatory damages and another $3 million in punitive damages. The $100,000 is tax-free, whereas the $3 million is taxable.
Interest is treated similarly. Even if you receive a tax-free type of settlement, but it took time to finalize the settlement through the pre- or post-judgment process, the interest you receive is taxable. Therefore, it is often advantageous to settle a case instead of having it go to judgment.
Conclusion
The taxation of legal settlements and awards are nuanced and largely depend on the facts and circumstances of the case at hand. There are, however, many opportunities through proper tax planning to minimize the tax consequences, but only if you are proactive and plan early in the process.
Disclaimer
These articles provide general information on tax, accounting, and financial topics for small businesses and individuals. They are educational in nature and are not specific legal, accounting, financial, tax, or other professional advice, and should not be relied upon as such. This content was prepared by Service2Client and may have been reviewed or edited by the website owner for accuracy and compliance. Look for a trust mark below for verification details. No representation is made that any approach described will achieve a particular result, and no regulatory or professional body has reviewed or endorsed this content. Because each situation is different, readers should consult a qualified professional about their specific circumstances before acting. Images accompanying these articles are protected by copyright and may not be copied or reused.
When it comes to an employer’s responsibility for non-exempt workers, according to the U.S. Department of Labor, there are many requirements businesses must follow related to payroll. In one example, there are strict regulations on what information employers must document for each non-exempt worker. While there’s no requirement on how the information is recorded, there are three main categories.
Personal details: This should include the employee’s name, complete address, Social Security number, date of birth and gender.
Job details: This must include the worker’s job description and hours clocked in each day and week.
Pay details: The employee’s hourly wage based on straight time, and how employees are compensated – be it hourly, weekly, project or item-based. It should include the number of hours worked each week, per day or per week non-overtime earnings, overtime earnings per work week, and the compensation paid to employee for the pay period. Also included should be the day of the employee’s check, for what time period worked is described, and all deductions or increases to the worker’s wages.
Depending on the type of record, employers have different time requirements for record archival. Payroll records must be maintained for 36 months. Schedules, timecards and deduction records for employee earnings must be held for 24 months and be readily accessible for inspection by the U.S. Department of Labor.
When there is minimal deviation from an employee’s schedule, employers simply have to confirm the employee adhered to the schedule. When there is a large deviation (working fewer or more hours than normally scheduled), the actual number of hours worked should be noted. It doesn’t matter how time is kept for an employee, as long as it’s kept – be it manually written by the worker, a supervisor or HR rep or with a time clock.
Other Documentation
The IRS explains that employers are required to complete Form W-2 to maintain compliance with tip and wage payments. This should be completed and submitted by the end of the calendar year.
Employees who fill out the Form W-4 can mitigate estimated tax liability by specifying how much to have withheld from their compensation by their employer. An employee can claim exemption from federal income tax withholding if she had no income tax liability the prior year and does not expect to pay taxes in the coming year. However, the employer is still required to deduct the FICA tax for that employee.
FICA Tax
Also known as the Federal Insurance Contributions Act (FICA), employers are required to withhold two different types of taxes: Social Security and Medicare. According to the Internal Revenue Service (IRS), employers are responsible to calculate and remit these taxes based upon each employee’s wages.
For the 2019 tax year, Social Security taxes for employer and employee are both 6.2 percent, or 12.4 percent total. This tax is limited to the first $132,900 in wages. The Medicare withholding rate is 1.45 percent of wages for both employer and employee, totaling 2.9 percent. Unlike Social Security taxes, for Medicare there’s no cap on the employee’s total salary. Additionally, for wages exceeding $200,000 for 2019, only the employee is taxed an additional 0.9 percent, in addition to the 1.45 percent (for a total of 2.35 percent of any wages exceeding $200,000 for the 2019 calendar tax year) for Medicare taxes.
Individual Estimated Taxes
Estimated Taxes are meant to satisfy many forms of taxes, and not just income tax obligations. It also includes the alternative minimum tax (AMT) and self-employment taxes. Whether it’s a single entrepreneur, a business partner or someone with equity in an S corporation, as long as they have $1,000 or greater in tax obligations, they have to pay estimated taxes, generally on a quarterly basis. When it comes to corporations, the threshold for estimated tax payments is $500 when they prepare their taxes. In additional to taxpayers under the tax liabilities outlined above, estimated taxes are not required for individuals who meet the following: there was no tax owed for the preceding year, the individual was a U.S. citizen or resident for the entire year, and the last tax year was for 12 months. Also note that self-employed workers must pay both the employer and employee portion of the FICA tax.
Much like the evolving landscaping of the U.S. Tax Code, the world of payroll is also subject to ongoing changes that are imperative to maintaining compliance.
When it comes to an employer’s responsibility for non-exempt workers, according to the U.S. Department of Labor, there are many requirements businesses must follow related to payroll. In one example, there are strict regulations on what information employers must document for each non-exempt worker. While there’s no requirement on how the information is recorded, there are three main categories.
Personal details: This should include the employee’s name, complete address, Social Security number, date of birth and gender.
Job details: This must include the worker’s job description and hours clocked in each day and week.
Pay details: The employee’s hourly wage based on straight time, and how employees are compensated – be it hourly, weekly, project or item-based. It should include the number of hours worked each week, per day or per week non-overtime earnings, overtime earnings per work week, and the compensation paid to employee for the pay period. Also included should be the day of the employee’s check, for what time period worked is described, and all deductions or increases to the worker’s wages.
Depending on the type of record, employers have different time requirements for record archival. Payroll records must be maintained for 36 months. Schedules, timecards and deduction records for employee earnings must be held for 24 months and be readily accessible for inspection by the U.S. Department of Labor.
When there is minimal deviation from an employee’s schedule, employers simply have to confirm the employee adhered to the schedule. When there is a large deviation (working fewer or more hours than normally scheduled), the actual number of hours worked should be noted. It doesn’t matter how time is kept for an employee, as long as it’s kept – be it manually written by the worker, a supervisor or HR rep or with a time clock.
Other Documentation
The IRS explains that employers are required to complete Form W-2 to maintain compliance with tip and wage payments. This should be completed and submitted by the end of the calendar year.
Employees who fill out the Form W-4 can mitigate estimated tax liability by specifying how much to have withheld from their compensation by their employer. An employee can claim exemption from federal income tax withholding if she had no income tax liability the prior year and does not expect to pay taxes in the coming year. However, the employer is still required to deduct the FICA tax for that employee.
FICA Tax
Also known as the Federal Insurance Contributions Act (FICA), employers are required to withhold two different types of taxes: Social Security and Medicare. According to the Internal Revenue Service (IRS), employers are responsible to calculate and remit these taxes based upon each employee’s wages.
For the 2019 tax year, Social Security taxes for employer and employee are both 6.2 percent, or 12.4 percent total. This tax is limited to the first $132,900 in wages. The Medicare withholding rate is 1.45 percent of wages for both employer and employee, totaling 2.9 percent. Unlike Social Security taxes, for Medicare there’s no cap on the employee’s total salary. Additionally, for wages exceeding $200,000 for 2019, only the employee is taxed an additional 0.9 percent, in addition to the 1.45 percent (for a total of 2.35 percent of any wages exceeding $200,000 for the 2019 calendar tax year) for Medicare taxes.
Individual Estimated Taxes
Estimated Taxes are meant to satisfy many forms of taxes, and not just income tax obligations. It also includes the alternative minimum tax (AMT) and self-employment taxes. Whether it’s a single entrepreneur, a business partner or someone with equity in an S corporation, as long as they have $1,000 or greater in tax obligations, they have to pay estimated taxes, generally on a quarterly basis. When it comes to corporations, the threshold for estimated tax payments is $500 when they prepare their taxes. In additional to taxpayers under the tax liabilities outlined above, estimated taxes are not required for individuals who meet the following: there was no tax owed for the preceding year, the individual was a U.S. citizen or resident for the entire year, and the last tax year was for 12 months. Also note that self-employed workers must pay both the employer and employee portion of the FICA tax.
Much like the evolving landscaping of the U.S. Tax Code, the world of payroll is also subject to ongoing changes that are imperative to maintaining compliance.
These articles provide general information on tax, accounting, and financial topics for small businesses and individuals. They are educational in nature and are not specific legal, accounting, financial, tax, or other professional advice, and should not be relied upon as such. This content was prepared by Service2Client and may have been reviewed or edited by the website owner for accuracy and compliance. Look for a trust mark below for verification details. No representation is made that any approach described will achieve a particular result, and no regulatory or professional body has reviewed or endorsed this content. Because each situation is different, readers should consult a qualified professional about their specific circumstances before acting. Images accompanying these articles are protected by copyright and may not be copied or reused.
Biometric technology has been on the rise as it promises to make the authentication process more secure and convenient. Unlike passwords and key cards, biometrics are something you will always have, can’t share and can’t forget. This makes the biometric approach convenient and at the same time it has lower password management costs.
Biometrics also are said to be difficult to steal or hack; difficult, but not impossible.
Any technology can have loopholes that can be exploited, and that’s why you need to understand it well and take precautions if you decide to use this approach.
The use of biometrics is not new, but its increased presence in the public domain such as banks makes it a topic of interest.
To help us understand the need to tread carefully, let’s first have a peek at the latest biometric security technologies.
New Trends in Biometric Security
Biometric authentication is becoming popular for digital payments, logging in to banking systems and even on smartphones. New trends in biometrics security include:
Voice recognition: the human voice is used to create voice prints to be used for user authentication in a voice ID system.
Face recognition: 3D face recognition is another new development that uses sensors to identify the shape of a person’s face. This is done by using facial characteristics such as the nose, cheeks, chin and contours of the eye sockets.
Mobile biometric technology: mobile devices also have joined the bandwagon, and manufacturers are now fitting them with biometric sensors. It is also possible to attach portable biometric-sensing equipment using a USB cable.
Biometrics on the cloud: cloud-based solutions have been developed to speed up the identification process. Since users don’t have to spend so much on necessary applications, hardware and infrastructure, this becomes cost effective.
How Secure is the Biometric Approach?
Biometric security is increasingly being used as a preference to passwords, but how safe is this approach? Fingerprints may not be as secure as they are said to be. Consider this, some researchers were actually able to generate fake fingerprints that they called DeepMasterPrints. These fingerprints were generated using a neural network technique to create artificial fingerprints that can work as a “master key.” This goes to show how a system using fingerprints for security can be vulnerable to dictionary attacks using the created MasterPrints.
There are many people posting their pictures online on social media. Unfortunately, once you do that your images are no longer private. This means that a face can easily be captured from the internet.
Retina scans are considered extremely reliable and accurate more than the iris scan. However, it is the least common as it’s considered to be intrusive.
Reservations
The use of biometrics is a great development toward security concerns, but it raises privacy issues. Keep in mind that biometric information can easily be harvested – from a distance and without your knowledge. The cloud also is another reason to be concerned. Although biometrics are effective in enforcing security, the data collected has to be stored somewhere. How secure are the databases that store this information? Of course, this increases the possibilities of a breach.
Some reports made public include a potential hack for the palm vein scanner and a claim by a research team at vpnMentor about a leak of millions of fingerprints from BioStar 2, an app built by Suprema. Whether this and other similar claims are true or not, it just goes to show how vulnerable biometrics data can be. It also won’t be long before marketplaces emerge on the Dark Web for actual biometrics.
Remember that unlike passwords, you can’t change your biometrics. If someone had access to a biometrics database, then they would have access to sensitive data.
Another reservation involves the right to privacy for your biometrics. It’s possible for your biometrics to be collected without your informed consent. For instance, in stores where face recognition is used to identify potential shoplifters or to survey shoppers’ behavior. Recently, the FaceApp Challenge created by a Russian company had its share of controversy. Although said to be purely for entertainment, it also means that no one has control over what the company collecting the data will do with it.
Businesses face the potential risk of getting sued by their own employees. This is because there are some locations that already have a biometric privacy act law. In the United States, the Illinois Biometric Information Privacy Act (BIPA) allows users to sue under this law to protect their privacy.
Stay Safe
Since cyber criminals are always working on hacking new security systems, it’s crucial that users of these systems remain cautious. One of the ways to stay safe when using biometrics is the use of multi-modal authentication, which requires input from more than one biometric device. This will help overcome some loopholes, such as the use of copied fingerprints or stolen voice and facial prints.
Luckily, with advances in artificial intelligence and machine learning, biometrics can be enhanced. Users can be scrutinized using their online behavior. Since people tend to be creatures of habit, a behavior-based system can develop a more complex user profile. The tracked behavior will help to tell a genuine user from a potential threat.
Since it’s difficult to know if your biometrics have been stolen, it’s best to take precautionary measures that could include:
Avoiding unnecessarily sharing personal information, such as the bank account numbers, date of birth or Social Security number
Paying close attention to your bills and financial statements
Watching out for unauthorized transactions by reviewing your credit card and bank statements.
Using other security features on your mobile device.
Avoiding using public WiFi. It is also important that you keep your sharing and firewall settings updated.
In Conclusion
The biometric authentication is not a silver bullet. Technically, biometrics are not secret and have similar cyber risks as passwords, only they are exploited differently. Whenever a new technology becomes pervasive, there are individuals who will definitely try to figure it out –especially because these technologies are used to access financial services and private data.
In the digital world, we cannot assume complete security. The best you can do is work with known credible vendors and stick with providers who comply with both federal and state data privacy regulations. Lastly, use technologies that are tried and tested.
The Rise of Biometrics Security and Why You Should Take Precaution
September 1, 2019 · Blog, What's New in Technology
⏱ 6 min read
Biometric technology has been on the rise as it promises to make the authentication process more secure and convenient. Unlike passwords and key cards, biometrics are something you will always have, can’t share and can’t forget. This makes the biometric approach convenient and at the same time it has lower password management costs.
Biometrics also are said to be difficult to steal or hack; difficult, but not impossible.
Any technology can have loopholes that can be exploited, and that’s why you need to understand it well and take precautions if you decide to use this approach.
The use of biometrics is not new, but its increased presence in the public domain such as banks makes it a topic of interest.
To help us understand the need to tread carefully, let’s first have a peek at the latest biometric security technologies.
New Trends in Biometric Security
Biometric authentication is becoming popular for digital payments, logging in to banking systems and even on smartphones. New trends in biometrics security include:
Voice recognition: the human voice is used to create voice prints to be used for user authentication in a voice ID system.
Face recognition: 3D face recognition is another new development that uses sensors to identify the shape of a person’s face. This is done by using facial characteristics such as the nose, cheeks, chin and contours of the eye sockets.
Mobile biometric technology: mobile devices also have joined the bandwagon, and manufacturers are now fitting them with biometric sensors. It is also possible to attach portable biometric-sensing equipment using a USB cable.
Biometrics on the cloud: cloud-based solutions have been developed to speed up the identification process. Since users don’t have to spend so much on necessary applications, hardware and infrastructure, this becomes cost effective.
How Secure is the Biometric Approach?
Biometric security is increasingly being used as a preference to passwords, but how safe is this approach? Fingerprints may not be as secure as they are said to be. Consider this, some researchers were actually able to generate fake fingerprints that they called DeepMasterPrints. These fingerprints were generated using a neural network technique to create artificial fingerprints that can work as a “master key.” This goes to show how a system using fingerprints for security can be vulnerable to dictionary attacks using the created MasterPrints.
There are many people posting their pictures online on social media. Unfortunately, once you do that your images are no longer private. This means that a face can easily be captured from the internet.
Retina scans are considered extremely reliable and accurate more than the iris scan. However, it is the least common as it’s considered to be intrusive.
Reservations
The use of biometrics is a great development toward security concerns, but it raises privacy issues. Keep in mind that biometric information can easily be harvested – from a distance and without your knowledge. The cloud also is another reason to be concerned. Although biometrics are effective in enforcing security, the data collected has to be stored somewhere. How secure are the databases that store this information? Of course, this increases the possibilities of a breach.
Some reports made public include a potential hack for the palm vein scanner and a claim by a research team at vpnMentor about a leak of millions of fingerprints from BioStar 2, an app built by Suprema. Whether this and other similar claims are true or not, it just goes to show how vulnerable biometrics data can be. It also won’t be long before marketplaces emerge on the Dark Web for actual biometrics.
Remember that unlike passwords, you can’t change your biometrics. If someone had access to a biometrics database, then they would have access to sensitive data.
Another reservation involves the right to privacy for your biometrics. It’s possible for your biometrics to be collected without your informed consent. For instance, in stores where face recognition is used to identify potential shoplifters or to survey shoppers’ behavior. Recently, the FaceApp Challenge created by a Russian company had its share of controversy. Although said to be purely for entertainment, it also means that no one has control over what the company collecting the data will do with it.
Businesses face the potential risk of getting sued by their own employees. This is because there are some locations that already have a biometric privacy act law. In the United States, the Illinois Biometric Information Privacy Act (BIPA) allows users to sue under this law to protect their privacy.
Stay Safe
Since cyber criminals are always working on hacking new security systems, it’s crucial that users of these systems remain cautious. One of the ways to stay safe when using biometrics is the use of multi-modal authentication, which requires input from more than one biometric device. This will help overcome some loopholes, such as the use of copied fingerprints or stolen voice and facial prints.
Luckily, with advances in artificial intelligence and machine learning, biometrics can be enhanced. Users can be scrutinized using their online behavior. Since people tend to be creatures of habit, a behavior-based system can develop a more complex user profile. The tracked behavior will help to tell a genuine user from a potential threat.
Since it’s difficult to know if your biometrics have been stolen, it’s best to take precautionary measures that could include:
Avoiding unnecessarily sharing personal information, such as the bank account numbers, date of birth or Social Security number
Paying close attention to your bills and financial statements
Watching out for unauthorized transactions by reviewing your credit card and bank statements.
Using other security features on your mobile device.
Avoiding using public WiFi. It is also important that you keep your sharing and firewall settings updated.
In Conclusion
The biometric authentication is not a silver bullet. Technically, biometrics are not secret and have similar cyber risks as passwords, only they are exploited differently. Whenever a new technology becomes pervasive, there are individuals who will definitely try to figure it out –especially because these technologies are used to access financial services and private data.
In the digital world, we cannot assume complete security. The best you can do is work with known credible vendors and stick with providers who comply with both federal and state data privacy regulations. Lastly, use technologies that are tried and tested.
Disclaimer
These articles provide general information on tax, accounting, and financial topics for small businesses and individuals. They are educational in nature and are not specific legal, accounting, financial, tax, or other professional advice, and should not be relied upon as such. This content was prepared by Service2Client and may have been reviewed or edited by the website owner for accuracy and compliance. Look for a trust mark below for verification details. No representation is made that any approach described will achieve a particular result, and no regulatory or professional body has reviewed or endorsed this content. Because each situation is different, readers should consult a qualified professional about their specific circumstances before acting. Images accompanying these articles are protected by copyright and may not be copied or reused.
Sustaining Excellence in Medicaid Act of 2019 (HR 3253) – This bill authorizes appropriations through fiscal year 2024 and makes changes to several Medicaid programs and funding mechanisms. Some of the provisions include allowing state Medicaid fraud control units to review complaints regarding noninstitutionalized patients; temporarily extending Medicaid eligibility to protect against spousal poverty for recipients of home and community-based services; repealing the requirement for drug manufacturers to include the prices of authorized generic drugs when determining the average manufacturer price (AMP) of brand name drugs; and excluding manufacturers from the definition of “wholesalers” for purposes of rebate calculations. The legislation was sponsored by Rep. Debbie Dingell (D-MI). It was introduced on June 13 and signed into law by the president on Aug. 6.
Bipartisan Budget Act of 2019 (HR 3877) – Introduced on July 23 by Rep. John Yarmuth (D-KY), this legislation amends the Balanced Budget and Emergency Deficit Control Act of 1985 to temporarily suspend the public debt limit through July 31, 2021, and establish a congressional budget for fiscal years 2020 and 2021. Among other provisions, the bill sets limits for Overseas Contingency Operations funding and requires fiscal year 2020 discretionary spending limits to reflect specified funding for the 2020 Census. The bill was signed into law by the president on Aug. 2.
Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act (HR 1327) – This bill extends authorization for the September 11th Victim Compensation Fund through 2090. It was introduced by Rep. Carolyn Maloney (D-NY) on Feb. 25 and signed into law by the president on July 29.
LEGION Act (S 204) – This bill was introduced on Feb. 14 by Sen. Krysten Sinema (D-AZ). It authorizes the extension of membership into the American Legion to all military personnel who served during unrecognized war eras that involved active military personnel. The president signed the bill into law on July 30.
Fairness For Breastfeeding Mothers Act of 2019 (H.R. 866) – This legislation mandates that federal buildings establish a separate room (other than a bathroom) for breastfeeding mothers to be consistent with laws that make such requirements for all employers with 50+ employees and all large- and medium-sized airports. The bill was introduced on Jan. 30 by Rep. Eleanor Norton (D-DC), passed in the House in February and the Senate in June, and was enacted by the president on July 25.
Supporting and Treating Officers in Crisis Act of 2019 (S. 998) – This bill was introduced by Sen. Joshua Hawley (R-MO) on April 3. It was passed in the Senate in May and by the House in July and signed into law by the president on July 25. The legislation amends the Omnibus Crime Control and Safe Streets Act of 1968 to offer additional support for law enforcement officer family services, stress reduction, suicide prevention and other purposes.
Extending Medicaid Funding, the Debt Limit, Membership into the American Legion, and Support For 9-11 Victims, Law Enforcement Officers, and Breastfeeding Moms
September 1, 2019 · Blog, Congress at Work
⏱ 3 min read
Sustaining Excellence in Medicaid Act of 2019 (HR 3253) – This bill authorizes appropriations through fiscal year 2024 and makes changes to several Medicaid programs and funding mechanisms. Some of the provisions include allowing state Medicaid fraud control units to review complaints regarding noninstitutionalized patients; temporarily extending Medicaid eligibility to protect against spousal poverty for recipients of home and community-based services; repealing the requirement for drug manufacturers to include the prices of authorized generic drugs when determining the average manufacturer price (AMP) of brand name drugs; and excluding manufacturers from the definition of “wholesalers” for purposes of rebate calculations. The legislation was sponsored by Rep. Debbie Dingell (D-MI). It was introduced on June 13 and signed into law by the president on Aug. 6.
Bipartisan Budget Act of 2019 (HR 3877) – Introduced on July 23 by Rep. John Yarmuth (D-KY), this legislation amends the Balanced Budget and Emergency Deficit Control Act of 1985 to temporarily suspend the public debt limit through July 31, 2021, and establish a congressional budget for fiscal years 2020 and 2021. Among other provisions, the bill sets limits for Overseas Contingency Operations funding and requires fiscal year 2020 discretionary spending limits to reflect specified funding for the 2020 Census. The bill was signed into law by the president on Aug. 2.
Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act (HR 1327) – This bill extends authorization for the September 11th Victim Compensation Fund through 2090. It was introduced by Rep. Carolyn Maloney (D-NY) on Feb. 25 and signed into law by the president on July 29.
LEGION Act (S 204) – This bill was introduced on Feb. 14 by Sen. Krysten Sinema (D-AZ). It authorizes the extension of membership into the American Legion to all military personnel who served during unrecognized war eras that involved active military personnel. The president signed the bill into law on July 30.
Fairness For Breastfeeding Mothers Act of 2019 (H.R. 866) – This legislation mandates that federal buildings establish a separate room (other than a bathroom) for breastfeeding mothers to be consistent with laws that make such requirements for all employers with 50+ employees and all large- and medium-sized airports. The bill was introduced on Jan. 30 by Rep. Eleanor Norton (D-DC), passed in the House in February and the Senate in June, and was enacted by the president on July 25.
Supporting and Treating Officers in Crisis Act of 2019 (S. 998) – This bill was introduced by Sen. Joshua Hawley (R-MO) on April 3. It was passed in the Senate in May and by the House in July and signed into law by the president on July 25. The legislation amends the Omnibus Crime Control and Safe Streets Act of 1968 to offer additional support for law enforcement officer family services, stress reduction, suicide prevention and other purposes.
Disclaimer
These articles provide general information on tax, accounting, and financial topics for small businesses and individuals. They are educational in nature and are not specific legal, accounting, financial, tax, or other professional advice, and should not be relied upon as such. This content was prepared by Service2Client and may have been reviewed or edited by the website owner for accuracy and compliance. Look for a trust mark below for verification details. No representation is made that any approach described will achieve a particular result, and no regulatory or professional body has reviewed or endorsed this content. Because each situation is different, readers should consult a qualified professional about their specific circumstances before acting. Images accompanying these articles are protected by copyright and may not be copied or reused.
If you have a relative who recently died and left you in charge of his or her finances, you are not alone. You probably have colleagues at work in the same boat. A neighbor or two (or 10) and even your millennial yoga teacher might very well be working through a quagmire of wills, probates and assets nobody can find. You are definitely not the only one.
The internet has made it much easier to keep track of our checking, savings and investment accounts. But the elder generation generally missed out on the convenience of dashboard consolidation and app trackers. What most of them leave behind are file cabinets full of bank statements and old bills, bookshelves of file folders and prospectuses – perhaps once carefully catalogued. You may start rummaging through papers and not find anything more recent than five years ago.
How do you wrap your hands around investments and assets you know your dad owned but have no idea where they are?
Bear in mind that when there is no activity in an account for a year or more, assets may be deemed dormant or abandoned. They could eventually become property of the domicile state through a process called escheat, so it is important that you do not wait too long before finding lost assets.
Start at Home
If your parent used a computer, you should get access to his file folders and dig into his email account to see if he received any electronic communications from financial companies. If he wasn’t computer literate, then start with the mail. It may take six months to a year to get your hands on all of the paperwork, but if your relative did not sign up for electronic delivery then companies are required to send him statements through the U.S. mail.
If no one continues to live at his home, the easiest way to do this is to notify the post office to route all of his mail to your address. To do this, you will need to complete a Forwarding Change of Address order at the post office and provide proof that you are authorized to manage the deceased’s mail.
As you’re rummaging through Dad’s paperwork, here are some tips on what to do:
Look for bills and check if those entities are holding a utility deposit;
Look for statements for bank accounts, bonds, stocks, mutual funds, CDs, dividend or payroll checks, life insurance policies and retirement accounts;
Look for any record of a safe deposit box, such as a bill for the rental or a key; if he has one it is most likely located at his bank branch;
Contact his past employers to ask if they have any record of pensions, retirement plans or employer-purchased life insurance for your parent.
Once you get your hands on any statements, call the company or broker listed. You will need to send them certain documents to verify your parent is deceased (or a durable power of attorney document if he is incapacitated). Different firms and circumstances might have different requirements, but you’ll definitely need to send a copy of the death certificate. You may also be asked to provide a Court Letter of Appointment naming you as executor, a “stock power” of attorney that enables you to transfer ownership of stock, a state tax inheritance waiver, affidavit of domicile, trustee certification showing successor trustee, and/or a letter of authorization for joint accounts.
You’ll need to call and provide these or similar documents for each institution where your parent holds assets. Don’t worry, these companies have trained staff to help guide you through the legal process of how to manage the assets of deceased account owners.
Move to the Internet
Check unclaimed property lists at every state where your father lived. Get started at Unclaimed.org, a free website that allows you to search for unclaimed property held by each state. Also search at MissingMoney.com to conduct a national search.
Go to the Pros
If you’re sure your relative had more assets than you’re able to find, consider hiring a forensic accountant. These professionals have the tools and expertise to find offshore accounts, shell companies and other types of financial accounting practices. For example, a forensic accountant may request an IRS transcript that reports past 1099-DIV and 1099-INT distributions. Note that banks are required to issue such forms for account activity involving $10 or more.
You also may want to share your task with your own financial advisors. They might be able to recommend ways to help you track down, transfer and manage your parents’ assets, particularly if you need to set up income sources for another parent or relative. The point is, you don’t have to go it alone. This is a common problem and there are experts to help you work through it – but it will likely take time, patience and a lot of paperwork.
Lost Inheritance: How To Find a Deceased Parent’s Assets
September 1, 2019 · Blog, Financial Planning
⏱ 5 min read
If you have a relative who recently died and left you in charge of his or her finances, you are not alone. You probably have colleagues at work in the same boat. A neighbor or two (or 10) and even your millennial yoga teacher might very well be working through a quagmire of wills, probates and assets nobody can find. You are definitely not the only one.
The internet has made it much easier to keep track of our checking, savings and investment accounts. But the elder generation generally missed out on the convenience of dashboard consolidation and app trackers. What most of them leave behind are file cabinets full of bank statements and old bills, bookshelves of file folders and prospectuses – perhaps once carefully catalogued. You may start rummaging through papers and not find anything more recent than five years ago.
How do you wrap your hands around investments and assets you know your dad owned but have no idea where they are?
Bear in mind that when there is no activity in an account for a year or more, assets may be deemed dormant or abandoned. They could eventually become property of the domicile state through a process called escheat, so it is important that you do not wait too long before finding lost assets.
Start at Home
If your parent used a computer, you should get access to his file folders and dig into his email account to see if he received any electronic communications from financial companies. If he wasn’t computer literate, then start with the mail. It may take six months to a year to get your hands on all of the paperwork, but if your relative did not sign up for electronic delivery then companies are required to send him statements through the U.S. mail.
If no one continues to live at his home, the easiest way to do this is to notify the post office to route all of his mail to your address. To do this, you will need to complete a Forwarding Change of Address order at the post office and provide proof that you are authorized to manage the deceased’s mail.
As you’re rummaging through Dad’s paperwork, here are some tips on what to do:
Look for bills and check if those entities are holding a utility deposit;
Look for statements for bank accounts, bonds, stocks, mutual funds, CDs, dividend or payroll checks, life insurance policies and retirement accounts;
Look for any record of a safe deposit box, such as a bill for the rental or a key; if he has one it is most likely located at his bank branch;
Contact his past employers to ask if they have any record of pensions, retirement plans or employer-purchased life insurance for your parent.
Once you get your hands on any statements, call the company or broker listed. You will need to send them certain documents to verify your parent is deceased (or a durable power of attorney document if he is incapacitated). Different firms and circumstances might have different requirements, but you’ll definitely need to send a copy of the death certificate. You may also be asked to provide a Court Letter of Appointment naming you as executor, a “stock power” of attorney that enables you to transfer ownership of stock, a state tax inheritance waiver, affidavit of domicile, trustee certification showing successor trustee, and/or a letter of authorization for joint accounts.
You’ll need to call and provide these or similar documents for each institution where your parent holds assets. Don’t worry, these companies have trained staff to help guide you through the legal process of how to manage the assets of deceased account owners.
Move to the Internet
Check unclaimed property lists at every state where your father lived. Get started at Unclaimed.org, a free website that allows you to search for unclaimed property held by each state. Also search at MissingMoney.com to conduct a national search.
Go to the Pros
If you’re sure your relative had more assets than you’re able to find, consider hiring a forensic accountant. These professionals have the tools and expertise to find offshore accounts, shell companies and other types of financial accounting practices. For example, a forensic accountant may request an IRS transcript that reports past 1099-DIV and 1099-INT distributions. Note that banks are required to issue such forms for account activity involving $10 or more.
You also may want to share your task with your own financial advisors. They might be able to recommend ways to help you track down, transfer and manage your parents’ assets, particularly if you need to set up income sources for another parent or relative. The point is, you don’t have to go it alone. This is a common problem and there are experts to help you work through it – but it will likely take time, patience and a lot of paperwork.
Disclaimer
These articles provide general information on tax, accounting, and financial topics for small businesses and individuals. They are educational in nature and are not specific legal, accounting, financial, tax, or other professional advice, and should not be relied upon as such. This content was prepared by Service2Client and may have been reviewed or edited by the website owner for accuracy and compliance. Look for a trust mark below for verification details. No representation is made that any approach described will achieve a particular result, and no regulatory or professional body has reviewed or endorsed this content. Because each situation is different, readers should consult a qualified professional about their specific circumstances before acting. Images accompanying these articles are protected by copyright and may not be copied or reused.
Just when you’ve finished spending a bunch on swimsuits and stuff for grilling out, summer’s over and it’s time for the kids the head back to school. How did this happen? Here are some ways to cut expenses while shopping for all those inevitable, seemingly never-ending things that the season demands.
Create a Budget
This might seem like a no-brainer, but it’s worth mentioning and well worth it before you enter headlong and breathless into the frenzy of a superstore. Make a list of the things you need before you leave the house, then let your fingers do the walking and check prices online. If all this seems daunting, never fear, there’s an app to help: EveryDollar. It will walk you through all the steps you need to make a budget and stick to it.
Use Money-Saving Apps and Websites
In addition to store-specific apps, here are some others to check out before you race out the door. Hollar, known as the online Dollar Store, even has a Back-to-School section. ShopSavvy is an app with a barcode reader that lets you scan and compare prices, both online and locally. Flipp allows users to check ads and coupons from their favorite stores. And there’s also Groupon and Amazon, both of which are always great options.
Sign up for Store Emails
As much as you might not like sharing your email, this is one of the smartest things you can do – especially when the seasons change. In fact, many stores send out weekly emails. If this gets too burdensome, set up a separate folder for them. But remember this: sometimes stores dangle carrots to get you in. They often offer free things with a purchase that you just can’t say no to, such as fresh-baked cookies or free next day delivery when you pass a threshold of spending. So keep your eyes on the back-to-school prize and you’ll be golden.
Consider Used or Refurbished Items
Those necessary gizmos like computers and calculators can be pretty pricey when new. That’s why seeing what you can buy pre-owned or refurbished is such a good idea. Check eBay or Craigslist for deals, as well as major retailers like Apple or Dell for reconfigured electronic items. You might be surprised what you find.
Leave the Kids at Home
Whether it’s those little hands that put things in the cart or sweet, pleading smiles you can’t resist, it’s a fact: bringing your progeny along when shopping will drive up the cost. Set out on your own so that when you come back, they’ll be thrilled that you bought them a bag full of goodies. You’ll be happy and so will they.
These are just a few of the ways to keep your sanity and stay on budget while back-to-school shopping. If you choose one or all, when it comes to spending, you’ll be way ahead of the crowd and might even earn yourself an A+.
Just when you’ve finished spending a bunch on swimsuits and stuff for grilling out, summer’s over and it’s time for the kids the head back to school. How did this happen? Here are some ways to cut expenses while shopping for all those inevitable, seemingly never-ending things that the season demands.
Create a Budget
This might seem like a no-brainer, but it’s worth mentioning and well worth it before you enter headlong and breathless into the frenzy of a superstore. Make a list of the things you need before you leave the house, then let your fingers do the walking and check prices online. If all this seems daunting, never fear, there’s an app to help: EveryDollar. It will walk you through all the steps you need to make a budget and stick to it.
Use Money-Saving Apps and Websites
In addition to store-specific apps, here are some others to check out before you race out the door. Hollar, known as the online Dollar Store, even has a Back-to-School section. ShopSavvy is an app with a barcode reader that lets you scan and compare prices, both online and locally. Flipp allows users to check ads and coupons from their favorite stores. And there’s also Groupon and Amazon, both of which are always great options.
Sign up for Store Emails
As much as you might not like sharing your email, this is one of the smartest things you can do – especially when the seasons change. In fact, many stores send out weekly emails. If this gets too burdensome, set up a separate folder for them. But remember this: sometimes stores dangle carrots to get you in. They often offer free things with a purchase that you just can’t say no to, such as fresh-baked cookies or free next day delivery when you pass a threshold of spending. So keep your eyes on the back-to-school prize and you’ll be golden.
Consider Used or Refurbished Items
Those necessary gizmos like computers and calculators can be pretty pricey when new. That’s why seeing what you can buy pre-owned or refurbished is such a good idea. Check eBay or Craigslist for deals, as well as major retailers like Apple or Dell for reconfigured electronic items. You might be surprised what you find.
Leave the Kids at Home
Whether it’s those little hands that put things in the cart or sweet, pleading smiles you can’t resist, it’s a fact: bringing your progeny along when shopping will drive up the cost. Set out on your own so that when you come back, they’ll be thrilled that you bought them a bag full of goodies. You’ll be happy and so will they.
These are just a few of the ways to keep your sanity and stay on budget while back-to-school shopping. If you choose one or all, when it comes to spending, you’ll be way ahead of the crowd and might even earn yourself an A+.
These articles provide general information on tax, accounting, and financial topics for small businesses and individuals. They are educational in nature and are not specific legal, accounting, financial, tax, or other professional advice, and should not be relied upon as such. This content was prepared by Service2Client and may have been reviewed or edited by the website owner for accuracy and compliance. Look for a trust mark below for verification details. No representation is made that any approach described will achieve a particular result, and no regulatory or professional body has reviewed or endorsed this content. Because each situation is different, readers should consult a qualified professional about their specific circumstances before acting. Images accompanying these articles are protected by copyright and may not be copied or reused.
Small Business Reorganization Act of 2019 (HR 3311) – Scheduled to take effect starting in February 2020, this new law offers small businesses more agreeable terms when filing for Chapter 11 bankruptcy status. The bill gives owners:
It might seem odd, but it is possible to get the IRS to give you a straight-forward and binding answer to ambiguous tax positions in advance. How does this happen, you ask? The answer is through an IRS private letter ruling.
The rise in the number of data breaches reported every other day has become a major concern – even to the ordinary internet user. As a result, we have all become aware of the need to maintain privacy while online. One of the measures promising to keep you safe on the internet is the use of a virtual private network (VPN). But before rushing to install one of the many VPNs available, it’s important to understand what a VPN is, why you need it, if it is foolproof and other ways to stay safe on the internet.
No matter how old your children are, it’s always a good idea to start saving for college as soon as possible. (Yes, even when they’re still in diapers.) This might sound overwhelming, especially if you haven’t started, but take heart, it’s never too late. Here are a few things to do before you start saving, as well as smart ways to gather the resources you’ll need.
Coming out on the winning side of a lawsuit as a plaintiff can be a gratifying feeling, especially if there is a financial settlement involved. There is likely a sense of both relief and vindication. Unfortunately, far too often people are in for a shock when they realize that they must pay taxes on the award. You can even be taxed on your attorney fees! However, a little tax planning can go a long way, especially if you do it before the settlement is finalized and the award is substantial. Below are the five key rules to know so you can make the right move.
When it comes to an employer’s responsibility for non-exempt workers, according to the U.S. Department of Labor, there are many requirements businesses must follow related to payroll. In one example, there are strict regulations on what information employers must document for each non-exempt worker. While there’s no requirement on how the information is recorded, there are three main categories.
Biometric technology has been on the rise as it promises to make the authentication process more secure and convenient. Unlike passwords and key cards, biometrics are something you will always have, can’t share and can’t forget. This makes the biometric approach convenient and at the same time it has lower password management costs.
Sustaining Excellence in Medicaid Act of 2019 (HR 3253) – This bill authorizes appropriations through fiscal year 2024 and makes changes to several Medicaid programs and funding mechanisms. Some of the provisions include allowing state Medicaid fraud control units to review complaints regarding noninstitutionalized patients; temporarily extending Medicaid eligibility to protect against spousal poverty for recipients of home and community-based services; repealing the requirement for drug manufacturers to include the prices of authorized generic drugs when determining the average manufacturer price (AMP) of brand name drugs; and excluding manufacturers from the definition of “wholesalers” for purposes of rebate calculations. The legislation was sponsored by Rep. Debbie Dingell (D-MI). It was introduced on June 13 and signed into law by the president on Aug. 6.
Just when you’ve finished spending a bunch on swimsuits and stuff for grilling out, summer’s over and it’s time for the kids the head back to school. How did this happen? Here are some ways to cut expenses while shopping for all those inevitable, seemingly never-ending things that the season demands.