New Partnership Audit Rules for 2018 Tax Filing Year

For the 2018 tax filing year, there are new Internal Revenue Service (IRS) partnership audit rules [also adopted by the California Franchise Tax Board (FTB)] in which the partnership, not its members, will now be responsible for tax adjustments under audit.

There is a very narrowly defined opt-out provision that many partnerships do not qualify for.  Please consider amending the partnership operating agreement to designate a “partnership representative” to represent the company in disputes with the IRS or the FTB.  Also, you should consider including language regarding the responsibility of tax audit adjustments pursuant to the three allowable methods: “amend”, “pull in”, and “push out.”

Below is a chart which discusses the advantages and disadvantages of each method.

MethodProsCons
Election OutPartnership out of CPARLimited to small partnerships with limited kinds of partners
Must elect on annual basis
AmendSimple to implementPartnership can’t compel partners to amend

Partnership can’t monitor who amends and who doesn’t

Pull InSimple to implement

Partnership can act as clearing house for convenience of partners (allows partnership to monitor which partners have pulled in)

Partnership can’t compel partners to pull in
Push OutPartnership can compel reviewed-year partners to pay tax on their share of imputed underpaymentShort time frame to elect and comply

Large administrative burdern on partnership

Partners pay additional 2% penalty

To discuss your situation under the new partnership audit rules, please contact a WFY tax expert at (949) 910-2727 or info@cpa-wfy.com

© Copyright 2019. All rights reserved.

Estates & Trusts Departments Welcomes Three New Hires

As tax season starts, WFY welcomes three new hires to our Estates & Trusts department: Lisa Marking, Heena Shah, and Ann Doan.  We are pleased to welcome these new hires to the WFY team.

Lisa Marking

Lisa Marking joined Wright Ford Young & Co.’s Estates and Trusts department as an Estates & Trusts manager.  She went to Pepperdine University to receive her undergraduate degree as well as her law degree.  Lisa also attended University of Southern California to receive her Master’s degree in Taxation.  During her free time, Lisa likes to travel and attending music concerts.

Heena Shah

This month, Wright Ford Young & Co. team had the pleasure of Heena Shah joining the Estates & Trusts Department as an Estates & Trusts supervisor.  She comes from a background of 14 years of tax experience specifically in tax compliance and tax planning for high net worth individuals, trusts, and small businesses.  Heena earned her bachelor’s degree in Business Administration from California State University, Dominguez Hills, and is an enrolled agent and a certified financial planner.  On her time off, she enjoys working out, cooking, and traveling.

Ann Doan

At the end of January, Wright Ford Young & Co. welcomed Ann Doan to the Estates and Trusts Department as Estates & Trusts staff.  Ann has a Juris Doctorate degree from Whittier Law School and a Masters of Law in Taxation from Chapman University.  Her experience with taxation includes representing taxpayers in matters before the IRS and California Board of Equalization as well as working in bankruptcy and creditors’ rights litigation. Out of the office, Ann loves to travel internationally and go to vegan food festivals.

If you think you’d be a great addition to WFY, please go to our Careers page and submit your résumé.

Rental Real Estate Owners-Guidance Related to the 20% Pass-through Deduction

On January 18, 2019, the IRS issued a notice providing “safe harbor” conditions under which rental real estate activities will be treated as a trade or business for purposes of the IRC Section 199A deduction.

To qualify for the safe harbor:

  1. Separate Books and records must be maintained for each rental real estate enterprise.
  2. At least 250 hours of rental services must be performed by the taxpayer and/or workers for the taxpayer during the tax year for each rental real estate enterprise.  To clarify, a real estate enterprise may be one rental or multiple rentals.  Commercial and residential rentals cannot be combined in the same real estate enterprise.  Qualifying rental services counting toward the 250 hour requirement include advertising, negotiating and executing leases, verifying tenant applications, collecting rent, daily operation, maintenance and repair of the property, management, purchase of materials for repairs and supervision of employees and independent contractors.  The services can be performed by owners, employees, agents and/or independent contractors working for the owners.  We recommend filing 1099s by January of the following year for any services performed by non-owners.
  3. The taxpayer must maintain contemporaneous records including time reports, logs or similar support to document the hours of services performed, a description of the services performed, dates on which the services were performed and who performed the services.  This will require tracking everything, your personal time and the time of those you employ.  A log book and a file for all invoices from others should be maintained.

Further clarification in the notice:

Triple Net Leases are not eligible for the safe harbor.

Vacation rentals (residences used by the owners) are not eligible for the safe harbor.

A statement is required to be attached to the taxpayer’s tax return and be signed by the taxpayer declaring that all the safe harbor requirements have been met and must include the following language:  “Under penalties of perjury, I declare that I have examined the statement and to the best of my knowledge and belief, the statement contains all the relevant facts relating to the revenue procedure and such facts are true, correct and complete.”

Lastly, an enterprise that fails the safe harbor requirements may still qualify as a trade or business under the regulations for purposes of the 199A deduction.  If you are unsure about your rental real estate enterprise, consult with a WFY tax advisor.

© Copyright 2019. All rights reserved.