How the Tax Reform will Impact Restaurants
By Adam Berebitsky, Jeff Tubaugh, Lisa HafferBDO USA, LLP
Whatever 2021 holds, these tips can help lower your tax liability.
2020 has been an unpredictable year. Businesses have faced all-encompassing challenges ranging from protecting employee health and safety to managing unexpected costs to dealing with severe fluctuations in supply and demand for products and services. Some businesses were able to enter new markets and achieve fresh levels of growth, while others had to make tough choices just to endure.
The outlook for 2021 is uncertain. While COVID-19 continues to surge through the U.S., a new administration is preparing to take office, and control of the Senate—which will have major implications for the future of tax reform—remains undecided. In this environment, many businesses are left wondering which strategies will be effective to help lower their tax liability and increase savings.
Regardless of which stage of recovery your business is in, or what is on the horizon, consider whether any of the year-end tax strategies outlined below could help your business start off 2021 on the right track.
When determining which strategies to leverage, a business should consider whether it expects one of the following scenarios to occur:
Defer Income: If income or tax rates are expected to remain the same or drop in 2021, businesses may wish to defer income to 2021, given the time value of money or given that the income would be taxed at a lower rate than it would if the income were recognized in 2020. For cash-basis taxpayers, which recognize revenue and expenses at the time money is actually exchanged, deferring income is fairly easy as taxpayers can delay sending bills until 2021. For accrual-basis taxpayers—where revenue and expenses are recognized when earned or incurred—deferral of income can be more complex. However, the 2017 tax reform bill known as the Tax Cuts and Jobs Act (TCJA) amended the rules governing when an accrual-basis taxpayer should recognize income, i.e., such taxpayers can choose an accounting method that allows the business to report the advance payment amount as gross income as of the time that amount is reflected as revenue on the taxpayer’s applicable financial statements. This provision effectively allows for a one-year deferral for the reporting of advance payments.
Accelerate Deductions: Companies may wish to make payments on expenses that would be deductible in 2020 rather than 2021. For cash-basis taxpayers, paying their bills quickly and using credit to cover deductible expenses is one way to ensure those purchases take place before the end of 2020. Again, for accrual-basis taxpayers, this is more complicated, but not impossible with the right accounting strategies.
Expense Capital Assets: Taxpayers should consider reviewing their capitalized costs on their balance sheets such as prepaid expenses or software development costs and consider possible changes to accounting methods. Also, given the new liberalized bonus deprecation rules, businesses could look to place tangible assets in service by December 31, 2020, which could secure an immediate deduction for 2020.
Close on Taxable Business Acquisitions: Taxpayers looking to make business acquisitions that would result in part of the purchase price being allocated to tangible personal property, such as machinery, computers, or other equipment, may wish to try to do so before the end of 2020 so they can expense the purchase immediately and claim a deduction on their tangible personal property tax in 2020 rather than in 2021. The TCJA amended the rules to allow bonus depreciation for the used property with a MACRS life of 20 years or less.
Accelerate Income: When a taxpayer expects to be taxed at a higher rate in the next year, the strategies discussed in Scenario 1 are reversed. In this case, rather than deferring income to 2021, a taxpayer may wish to recognize income before 2020 ends, so that it is taxed at the presumed lower rate. Accrual-basis taxpayers might be able to accelerate income by completing work contracts and billing clients or customers before the end of 2020. Cash-basis businesses simply need a constructive receipt (i.e., the funds are under their control) of payment before year-end to recognize income in 2020.
Deduct Deferrals: While accelerating income, taxpayers should ascertain whether it is possible to defer taxable expenses until 2021 or simply defer placing 2020 purchases in service until 2021 when their overall income tax rate is higher, for example, by delaying placing purchases in service for equipment or supplies that will generate a deduction in the following year.
Capitalize Assets: With respect to capitalized assets, taxpayers may wish to consider waiting to place assets in service until after December 31, 2020, to postpone any resulting deductions.
Delay Business Acquisitions: Businesses should consider delaying until 2021 the completion of any acquisitions that could result in a tangible personal property deduction.
For cash-basis employees, the bonus will not be taxable income until the following year.
This article outlines some—but not all—considerations for year-end tax planning. Our trusted advisors can help businesses determine which strategies would be effective in helping them lower their total tax liability for the year ahead. Contact us.
By Adam Berebitsky, Jeff Tubaugh, Lisa HafferBDO USA, LLP
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