News for Your Week Ahead: March 26, 2021

Executive Director Bill Feehley and Jim Arnie join us on MSATP TV for another update on the legislative changes making their way through Annapolis. Please follow us on Facebook to catch all our MSATP TV episodes live!

Jim and Bill will join us again on MSATP TV at the end of the legislative session for a review of the bills that were at first vetoed, but now have become law.

Watch on YouTube.


American Rescue Plan Act of 2021 – Don’t File Related Amended Returns Yet

The IRS urges taxpayers not to file amended returns related to the new legislative provisions or take other unnecessary steps at this time.

The IRS is reviewing implementation plans for the newly enacted American Rescue Plan Act of 2021.

Additional information will be made available as soon as possible about:

  • Unemployment (IRS emphasizes not filing amended returns, until it issues additional guidance)
  • New round of Economic Impact Payments
  • Child Tax Credit, including advance payments
  • Other tax provisions

For more information, click here.


The University of Maryland Robert H. Smith School of Business is hosting an event to teach students and young professionals how to complete and file a tax return. MSATP’s Executive Director Bill Feehley will be teaching the webinar and helping you get through tax season on March 31st from 5-6pm. If you wish to register, please send webinars@msatp.org for Zoom information.


People Who Adopt May Benefit From This Special Tax Credit | IR-2021-37

The adoption process can be expensive. Fortunately, the adoption tax credit can help offset some those expenses Taxpayers who adopted or started the adoption process in 2020 should review the rules for this credit.

Here are some facts to help people understand the credit and if they can claim it when filing their taxes:

  • The maximum adoption credit taxpayers can claim on their 2020 tax return is $14,300 per eligible child.
  • There are income limits that could affect the amount of the credit
  • Taxpayers should complete Form 8839, Qualified Adoption Expenses. They use this form to figure how much credit they can claim on their tax return.
  • An eligible child must be younger than 18. If the adopted person is older, they must be physically or mentally unable to take care of themselves.
  • This credit is non-refundable. This means the amount of the credit is limited to the taxpayer’s taxes due for 2020. Any credit leftover from their owed 2020 taxes can be carried forward for up to five years.

For more information, click here.


New Small Business Loans of up to $500,000 | Maryland Chamber of Commerce

The Small Business Administration announced this Wednesday that starting the week of April 6, companies harmed by the coronavirus pandemic can borrow up to $500,000 through their Economic Injury Disaster Loan program. The agency has $270 billion left to lend through the pandemic relief program and raising the cap will now allow small businesses that had previously received a loan to apply for an increase.

For more information, please click here.


Guidance on Employee Retention Credit

The IRS issued guidance for employers claiming the employee retention credit under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), as modified by the Taxpayer Certainty and Disaster Tax Relief Act of 2020 (Relief Act), for calendar quarters in 2020. This guidance applies to qualified wages paid after March 12, 2020, and before January 1, 2021 and includes clarifications and describes retroactive changes applicable to 2020, primarily relating to expanded eligibility for the credit.

The IRS plans to release additional guidance soon addressing changes for 2021.

For more information, click here.


Guidelines for the Retail Sales and Use Tax Exemption for Personal Protective Equipment

Effective March 11, 2021, Virginia House Bill 2185 and Senate Bill 1403 amend the Code of Virginia to add Va. Code § 58.1-609.14, providing a temporary exemption from the Retail Sales and Use Tax for qualifying purchases of personal protective equipment (PPE).

The exemption is only valid for qualifying purchases of PPE made on or after March 11, 2021, and prior to the expiration of the last executive order issued by Governor Northam related to the COVID-19 pandemic and the termination of the COVID-19 Emergency Temporary Standard and any permanent COVID-19 regulations adopted by the Virginia Safety and Health Codes Board. No refunds will be provided regarding purchases made prior to March 11, 2021, or after the expiration of the exemption.

For more information, click here.


Report Large Cash Transactions; E-File Encouraged

The IRS recently reminded businesses of their responsibility to file Form 8300, Report of Cash Payments Over $10,000, and encourages e-filing to help them file accurate, complete forms. A fact sheet helps businesses understand how to report large cash transactions.

For more information, click here.


What Employers Need to Know About Repayment of Deferred Payroll Taxes

The CARES Act allowed employers to defer payment of the employer’s share of Social Security tax. Employers must pay back these deferred taxes by their applicable dates.

For more information, click here.


IRS Takes Steps to Help Marijuana Businesses Stay Compliant

The Commissioner of the IRS, Small Business/Self-Employed division, Eric Hylton, gives candid insights on a variety of cannabis industry issues from the federal perspective at an informational webinar; hosted by the Payments Banking and Compliance Conference. One of those issues being that states are already legalizing marijuana regardless of federal policy, creating complications that need to be addressed.

For more information, click here.


Important Reminder Regarding ERC and PPP | Payroll Services LLC

Quarter 2 ERC:

As we enter the second quarter, if you qualified for the ERC based on revenue decline only, you will need to be sure you still qualify. You may qualify using Q1 2021 to Q1 2019, or if at the end of Q2, use Q2 2021 to Q2 2019.

Be sure to be on the look out for “re-opening” changes that may alter your “partial suspension” qualifications. We do our best to stay up to date on the surrounding states, however each County may do things different. If you have questions about your particular situation please reach out to us to discuss.

The ERC balances “reset” on April 1st. All qualified wages up to $10,000 will be eligible for a 70% refundable credit.

If you now qualify due to revenue decline please reach out to us so we can help you!

Reminder:

Many customers are now beginning to apply and or receive PPP funds. Please be sure to let us know immediately when you receive PPP funds. We will need to know the amount and the date you received funds.

Covered Period:

It is important that all customers use the 24 week Covered Period for both the 2020 PPP and 2021 PPP. If you are choosing to use another Covered Period, you must let us know immediately, otherwise we will use the 24 week period in our calculations.


IRS, Treasury Disburse Another 37 Million Economic Impact Payments from The American Rescue Plan | IR-2021-63

Today, the Internal Revenue Service, the U.S. Department of the Treasury and the Bureau of the Fiscal Service announced they are disbursing approximately 37 million payments in the second batch of Economic Impact Payments from the American Rescue Plan. This brings the total disbursed payments from the American Rescue Plan to approximately 127 million payments worth approximately $325 billion.

As announced on March 12, Economic Impact Payments will continue to roll out in batches to millions of Americans in the coming weeks.

For more information please click here.


Revenue Procedure 2021-19 and 2021-17 | RP-2021-19 & RP-2021-17

Revenue Procedure 2021-17 provides issuers of qualified mortgage bonds, as defined in § 143(a) of the Internal Revenue Code (Code), and issuers of mortgage credit certificates, as defined in § 25(c), with (1) the nationwide average purchase price for residences located in the United States, and (2) average area purchase price safe harbors for residences located in statistical areas in each state, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, the Virgin Islands, and Guam.

Revenue Procedure 2021-19 provides guidance with respect to the United States and area median gross income figures for use by issuers of qualified mortgage bonds under § 143(a) of the Internal Revenue Code and issuers of mortgage credit certificates under § 25(c) (collectively, “issuers”) in computing the income requirements under § 143(f).  This revenue procedure provides that issuers must use either (1) the income figures the Department of Housing and Urban Development (“HUD”) released most recently or (2) the income figures HUD released immediately prior to the income figures HUD released most recently, determined as of the date a mortgage loan or mortgage credit certificate is committed to a mortgagor.  This revenue procedure also provides a 90-day transition period, following the release of the HUD income figures in a current calendar year, for issuers to use the income figures HUD released during the second calendar year prior to the current calendar year.  The Department of the Treasury and the IRS have decided to publish this revenue procedure as permanent guidance consistent with comments received and to cease publishing annual revenue procedures providing income figures for purposes of computing the income requirements of § 143(f).

SB0133 and HB 0148 – Local Tax Relief for Working Families Act of 2021 

Both bills have passed in their respective House of origin and moved to the opposite chamber.

These bills will be applicable to all taxable years beginning after December 31, 2021.

They authorize local governments to impose the county income tax on a bracket basis. Local governments imposing the local tax on a bracket basis are authorized to impose a maximum tax rate of 3.5% and requires local governments to impose a minimum tax rate of 2.25%.

A county that imposes the county income tax on a bracket basis must (1) set, by ordinance or resolution, the income brackets that apply to each tax rate and (2) inform the Comptroller by July 1 prior to the year in which a new bracket is established.

A county may )1) apply a higher or equal tax rate to a higher income bracket than a rate applied to a lower income tax rate but may not apply a lower rate; (2) establish income brackets that differ from the State income brackets; and (3) request information from the Comptroller to assist the county in determining rates that are revenue neutral.  However, any rate changes are not required to be revenue neutral.

A county income tax rate in excess of 3.2% may only be imposed on incomes that are twice as great as the income bracket to which the highest individual and married filing joint returns apply.  This currently translates to the local income tax rate applying to net taxable income of $500,000 for an individual and $600,000 for married filing joint returns.

Currently, 12 local governments have a local income rate below 3.20%

#TechTips – Aristotle’s Square of Oppositions

Picking up the thread of discourse from our previous entry, we continue on our tour of the disciplines of Philosophy, with our first stop being on the matter of logic. We briefly covered Aristotle and his famous work, “De Interpretatione” in our last post.i

In this book, the great thinker laid down his observations about affirmations, negations, oppositions, and contradictions through the use of certain key words including, ‘all’, ‘no’, ‘some’, and ‘not’.

As stated in the previous post, later scholars would take this work, particularly in chapters 6-7, and set forth a diagram we know today as the ‘Square of Oppositions’. Some of you may be familiar with the premise that ‘All men are mortal. Socrates was a man.  Therefore, Socrates was mortal.’ and similar constructs. This is the foundation of logic.

We will now delve into the Square of Oppositions as it formed the basis for western thought for some 2,000 years. Even though we in this modern age have moved beyond the square, and that after 2,000 years the square had become a hinderance to our thought process, we must start our journey here because of its historic importance.

Imagine what it must have been like for these early thinkers. What we think of as our inner voice, or subtext, these people must have thought as if they were hearing literal voices in their heads. Aristotle’s work, in this context, is a monumental achievement and a testament of the human potential to rise above our humble beginnings.

To put this idea into some context, Aristotle is roughly halfway between the civilization that built the Sphynx, estimated to be about 4,500 years old, and our modern age.  It took humanity at least 2,100 years to get to a point where we could begin our journey into that most complex creation in the entire universe, the human brain.

Now to the square.ii

We start with the four Aristotelian Propositions:

  • All S are P
  • No S are P
  • Some S are P
  • Some S are not P

Mapped out on the square we can see that if one proposition is true, then it’s contradictory proposition cannot be true.

For example, all tax laws make sense may be true (ostensibly, but that would be a subject for metaphysics – that was a tax joke.) And if all tax laws make sense is a true statement, then it is not possible for the statement that no tax laws make sense to be true as well. In this case, either they all make sense, or they all don’t make sense.

Propositions that use the word ‘all’ or ‘no’ are referred to as the Universal Positive or Universal Negative, respectively.

Moving to the more ambiguous propositions containing the word, ‘Some’, we can see complexity.

If some tax laws make sense, it is also possible for some tax laws to not make sense, BUT, if some tax laws make sense and some tax laws do not make sense, then it is not possible for no tax laws to make sense any more than it is possible for all tax laws to make sense.

Ok, if your head is spinning, let’s bring this back to our real world.

If a client incurs an expense and they want to deduct it and they are a sole proprietor, then that expense must be both ordinary and necessary.  This construct from IRC Sect 162 sets forth a proposition that is a universal positive for this expense in question. If the expense is ordinary, but not necessary, it can’t be deducted. If the expense is necessary but not ordinary, it can’t be deducted. If the expense is neither ordinary nor necessary, it cannot be deducted. Only the universal positive allows for the deduction – but there’s more to it, because this is tax.

The expense must be both ordinary and necessary, and properly documented with a receipt of some form.

Now we can expand the scope of our logical analysis further. All expenses that are ordinary and necessary may be deductible under IRC 162, but only if they are properly documented.  If all expenses that meet the requirements of IRC 162 are properly documented, they can be deducted. If none of the expenses are properly documented, they cannot be deducted. If some of the expenses are properly documented, some of the expenses can be deducted.  If some of the expenses are not properly documented, then some of the expenses cannot be deducted. (Yes, I know about the Cohen Rule, but honestly, if you’re relying on that, you might as well go hunting murder hornets without safety gear – an act that is profoundly illogical.)

We know this intuitively.  But think about it. There was a time when this kind of thought process was new, and people were in awe of this conceptual framework. I wonder what they’d make of Twitter.

With all that said, we still have to explain to people that while they may indeed have blank checks in their checkbook, they don’t necessarily have funds in their checking account. Not all properly endorsed checks can be successfully transacted through the bank. Some properly endorsed checks will not be able to be successfully transacted through the bank due to non-sufficient funds.  What is logical to us is magical to some.

Likewise, paying for an item on a credit card doesn’t mean it’s free. But before you try and explain that logic to your client, perhaps it might help to drink something strong, just to get in the proper frame of mind. (Just don’t drive after you’ve imbibed.)

Try forming a proposition on your own. Think of a subject and a predicate and see how they relate. One thing to remember in this exercise is that in order for your proposition to meet the standard of logical validity, the construction of the premises must be correct, AND the subject and predicate must be factual. All men are mortal. Socrates was a man.  Therefore, Socrates is mortal.

Here’s one:

Tech Tips covers technology for the accounting profession. Xero is a piece of technology for the accounting profession.  Therefore, Tech Tips covers Xero.

Here’s another:

Tech Tips loves preparing tax returns. Tax returns are a lot of fun to prepare. Therefore, Tech Tips has fun while preparing tax returns.

So, that second one…not logically valid. One of those premises is not factually correct (guess which). If at least one of the premises is not factually correct, the conclusion cannot be correct.

Here’s another:

Tech Tips loves spicy foods. Spicy foods can be healthy. Therefore, Tech Tips pops TUMS like candy.

This one is not logically valid either, even though both premises are factually correct, the logical construction is not valid. To workshop that 3rd premise, the premises must be related in some way.

Tech Tips loves to eat spicy foods. Eating spicy foods cause Tech Tips to experience heartburn. Therefore, Tech Tips pops TUMS like candy.

Or…Tech Tips loves to eat spicy foods. Spicy foods can be healthy. Therefore, Tech Tips eats healthy.

This last version is technically valid, but it highlights the limits of Aristotelian logic. It’s binary, linear, constrained. It can’t capture the complexity of the world we inhabit today, but it’s a good place to start the journey because it gives us our origin. And for every journey, we need two points, an origin and a destination.

Now, that we’ve had a brief (trust me, this is very brief) introduction to logic, we’ll next turn our attention to the field of epistemology.

Fun!

We’d like to hear from you! Please submit your own tech tips to us!  We will award a free subscription to The Tax Book to the person who submits the best tip. Please submit your tips to this email address:  techtips@msatp.org

Thanks, and catch you next time!

News for Your Week Ahead: March 19, 2021

Executive Director Bill Feehley and Sami Satouri of Quest Insurance joins us on MSATP TV to discuss how Quest Insurance can handle all of your insurance needs.

Watch on YouTube.


Jonathan Pocius of Payroll Services joins Executive Director Bill Feehley to discuss how Payroll Services can provide a wide range of services including helping handle the Employee Retention Credit under the CARES Act.

Watch on YouTube. 


IRS Office of Chief Counsel Unveils National Virtual Settlement Days Effort This Year to Reach More Tax Payers in More Parts of the Nation | IR-2021-61

The Internal Revenue Service Office of Chief Counsel has embarked on its most far-reaching Settlement Days program ever, declaring the month of March 2021 as “National Settlement Month.”

This ambitious program builds upon the success achieved from last year’s many settlement day events, when Chief Counsel shifted the program to a virtual format due to the pandemic. Virtual Settlement Day (VSD) events will be conducted by every Chief Counsel office across the country and will serve taxpayers in all 50 states and the District of Columbia.

“Virtual Settlement Day events enable the IRS to deliver meaningful resolution options to taxpayers as the nation works through the pandemic,” said IRS Commissioner Chuck Rettig. “Virtual options are an addition to traditional methods of communication and interaction with taxpayers that the IRS will always make available under normal circumstances.”

For more information, click here.


Possible PPP Extension Gives Groups Time to Push for Boosting These Type of Loans | Maryland Chamber of Commerce

On Tuesday, the House of Representatives voted to extend the Paycheck Protection Program (PPP) to May 31, instead of March 31, giving the Small Business Administration an additional 30 days to process loans. Support to move the PPP deadline has grown since the Biden administration announced last month changes to the program, including a 14-day priority application period for businesses with fewer than 20 employees, an updated loan calculation for sole proprietors and new eligibility rules.

In a March 11 letter to the House Small Business Committee, the National Federation of Independent Business also highlighted that Congress should allow businesses that applied earlier and received a smaller loan to reapply and get a larger amount under the new rules. The latest changes to the PPP were incredibly critical, especially for sole proprietors, but gave them less than a month to apply. Making those changes retroactive would provide critical relief to minority-owned businesses who only received a fraction of the relief they needed.

For more information, click here.


Important Information Regarding 2020 Virginia Income Tax Returns | Virginia’s Conformity to the Internal Revenue Code Advanced to December 31, 2020.

Under emergency legislation enacted by the 2021 General Assembly, Virginia’s date of conformity to the terms of the Internal Revenue Code advances from Dec. 31, 2019, to Dec. 31, 2020. This allows Virginia to generally conform to the Coronavirus Aid, Relief and Economic Security (CARES) Act and the Consolidated Appropriations Act (CAA).

However, it specifically deconforms from three provisions of the CARES Act that temporarily change limitations applicable to the net operating loss deduction, excess business losses and the business interest deduction. This legislation also deconforms from the provision of the CAA that permanently reduces the medical expense deduction threshold.

For more information. click here.


Revenue Ruling 2021-07 | RR-2021-07

Revenue Ruling 2021-07 provides various prescribed rates for federal income tax purposes including the applicable federal interest rates, the adjusted applicable federal interest rates, the adjusted federal long-term rate, and the adjusted federal long-term tax-exempt rate. These rates are determined as prescribed by § 1274.

The rates are published monthly for purposes of sections 42, 382, 412, 642, 1288, 1274, 7520, 7872, and various other sections of the Internal Revenue Code.

For more information, click here.


Tax Day For Individuals Extended to May 17: Treasury, IRS Extend Filing & Payment Deadline | IR-2021-59

The Treasury Department and IRS announced that the federal income tax filing due date for individuals for the 2020 tax year will be automatically extended from April 15, 2021, to May 17, 2021. The IRS will be providing formal guidance in the coming days.

Individual taxpayers can also postpone federal income tax payments for the 2020 tax year due on April 15, 2021, to May 17, 2021, without penalties and interest, regardless of the amount owed. This postponement applies to individual taxpayers, including individuals who pay self-employment tax. Penalties, interest and additions to tax will begin to accrue on any remaining unpaid balances as of May 17, 2021. Individual taxpayers will automatically avoid interest and penalties on the taxes paid by May 17.

Individual taxpayers do not need to file any forms or call the IRS to qualify for this automatic federal tax filing and payment relief. Individual taxpayers who need additional time to file beyond the May 17 deadline can request a filing extension until Oct. 15 by filing Form 4868 through their tax professional, tax software or using the Free File link on IRS.gov. Filing Form 4868 gives taxpayers until Oct. 15 to file their 2020 tax return but does not grant an extension of time to pay taxes due. Taxpayers should pay their federal income tax due by May 17, 2021, to avoid interest and penalties.

The IRS urges taxpayers who are due a refund to file as soon as possible. Most tax refunds associated with e-filed returns are issued within 21 days.

This relief does not apply to estimated tax payments that are due on April 15, 2021. These payments are still due on April 15. Taxes must be paid as taxpayers earn or receive income during the year, either through withholding or estimated tax payments. In general, estimated tax payments are made quarterly to the IRS by people whose income isn’t subject to income tax withholding, including self-employment income, interest, dividends, alimony or rental income. Most taxpayers automatically have their taxes withheld from their paychecks and submitted to the IRS by their employer.

For more information, click here.


Get Help with Filing Season and Economic Impact Payments

Whether you’re busy preparing 2020 tax returns, helping your customers get their Economic Impact Payments or are a valued partner that can help spread the word on these topics in your community, IRS has resources to help you.

Check Outreach Connection to get information and products tailored to the individuals, businesses and tax-exempt entities you serve.


IRS Expands Help to Taxpayers in Multiple Languages with New Forms, Communication Preferences | IR-2021-56

The Internal Revenue Service today said that it continues its efforts to expand ways to communicate to taxpayers who prefer to get information in other languages. For the first time ever, the agency has posted to IRS.gov a Spanish language version of Form 1040 and the related instructions.

“Being able to talk to and receive information from the nation’s tax agency in their preferred language is something we hope to eventually provide to all taxpayers,” said IRS Commissioner Chuck Rettig. “We want everyone to be on the same playing field, so to speak, and each day that we can move forward with that goal is a good one.”

The new Form 1040 Schedule LEP, in English and Spanish, with instructions available in English and 20 other languages, can be filed with a tax return by those taxpayers who prefer to communicate with the IRS in another language. They can indicate their language of preference for IRS-issued written communications or change their language of preference. While communications may not be immediately sent in the selected language, the IRS will use this information to allocate resources and develop communication alternatives based on the reported language preferences.

For more information, click here.


Tax Time Guide: IRS Reminds Taxpayers of Recent Changes to Retirement Plans | IR-2021-57

The Internal Revenue Service today reminded taxpayers about the rules for required minimum distributions (RMDs) from retirement accounts.

A retirement plan account owner must normally begin taking an RMD annually starting the year he or she reaches 70 ½ or 72, depending on their birthdate and maybe the year they retire. Retirement plans requiring RMDs include traditional, Simplified Employee Pension Plan (SEP) and Savings Incentive Match Plan for Employees (SIMPLE) Individual Retirement Accounts; 401(k), 403(b), 457(b), profit sharing and other defined contribution plans.

The Setting Every Community Up for Retirement Enhancement (SECURE) Act changed the age when individuals must begin taking withdrawals from their retirement accounts. Someone born on or before June 30, 1949, was required to start getting RMDs for the year they reached the age of 70½. However, under the SECURE Act, if a person’s 70th birthday is July 1, 2019, or later, they do not have to take their first RMD until the year they reach age 72.

For more information, click here.


HB 0148 – Commercial Law | Personal Information Protection Act

HB 0148 has passed the House and waiting for a Hearing date in the Senate Finance Committee. The new requirements have been underlined.

The bill requires a business that maintains (in addition to a business that owns or licenses) personal information of a Maryland resident to implement and maintain reasonable security procedures and practices that are appropriate to the nature of the personal information maintained and the nature and size of the business and its operations.

For a  business that maintains personal data, generally, the business must notify the owner or licensee of the breach as soon as practicable; however, the bill requires the notification to be provided within 10 days (rather than 45 days) after the business discovers (or is notified) of the breach.

If a required notification is delayed because a law enforcement agency determines that the notification will impede a criminal investigate or jeopardize homeland or national security, notification must be given as soon as reasonably practicable, but no later than 7 days (rather than 30 days) after the law enforcement agency makes the required determination.

Read more on our blog.

Returning to the Office Part-Time? This may be a Tip for You!

by Walter Moore

As the new normal returns some of us may begin to return to office in a staggered or part-time fashion. While many of us have laptops now, one thing you may note is “I have all this equipment that connects to my computer now so what do I do? Do I need to plug all that in and unplug it all the time?” Well that is simple with an old solution, a docking station. This piece of equipment, while once a staple in the corporate world I’ve noticed with some offices, having all-in-one computers, virtual desktops and even still compact desktops, we moved away from laptops with a docking station.

A docking station connects to your laptop by a single port, typically by standard USB or even USB-type C connection (to my newer android users this is the same style cable you use to charge your phone). This connection allows your computer in many cases to charge, utilize up to 3 or even 4 screens using various connections depending upon the docking station, internet access and even expand the amount of USB ports your laptop has. Best of all you can leave everything plugged in at home and have a second docking station at your office. Your new one plug connection allows you to plug in and have full access to your equipment.

One thing to be sure of is to make sure the docking station matches your laptop. With their being so many laptops and specifications available I highly recommend contacting the laptop manufacturer or your IT department to determine which is best. I hope this professional blog helps you as you make the best possible transition into your new normal.

– Walter Moore

HB 0148 – Commercial Law – Personal Information Protection Act

By Jim Amie

HB 0148 has passed the House and waiting for a Hearing date in the Senate Finance Committee. The new requirements have been underlined.

The bill requires a business that maintains (in addition to a business that owns or licenses) personal information of a Maryland resident to implement and maintain reasonable security procedures and practices that are appropriate to the nature of the personal information maintained and the nature and size of the business and its operations.

For a  business that maintains personal data, generally, the business must notify the owner or licensee of the breach as soon as practicable; however, the bill requires the notification to be provided within 10 days (rather than 45 days) after the business discovers (or is notified) of the breach.

If a required notification is delayed because a law enforcement agency determines that the notification will impede a criminal investigate or jeopardize homeland or national security, notification must be given as soon as reasonably practicable, but no later than 7 days (rather than 30 days) after the law enforcement agency makes the required determination.

The bill also modifies the methods for providing notification of breaches to individuals.  The bill requires (rather than authorizes) a business that owns, licenses, or maintains personal data to provide notification of the breach by written notice, electronic mail, telephone, or substitute notice. As under current law, notification by electronic mail may only be provided if specified conditions are met.  However, substitute notice may only be used if the business does not have sufficient contact information to give the other forms of notice as the bill repeals a provision allowing substitute notice  if the other forms of notice would be cost prohibitive.

In addition, the notification must be provided by (1) email, if the business has an email address for the individual; (2) conspicuous posting on the website of the business, if the business maintains a website; and (3) notification to major print or broadcast media in geographic areas where the individuals affected by the breach likely reside.

For data breaches involving a business that owns, licenses, or maintains personal information, the bill expands the information that must be included in a notice provided to the Office of the Attorney General.  At a minimum, the notice must include:

The number of affected Maryland residents;

A description of the breach, including when and how it occurred;

Any steps the business has taken (or plans to take) relating to the breach of the security of a       system; and;

The form of notice that will be sent to affected individuals and a sample notice.

It’s all About the Pickles

By John Kennedy

In our local town of Sykesville, Maryland, on each and every Sunday morning in the summer, a farmers market occupies the church parking lot.

The local farmers, folks and families bring their wares to sell and the warmth of small-town America pumps pride into your heart and home.

After the third weekend, the foot traffic became somewhat light and the feedback became somewhat heavy—“same old same old”…”nothing new”…”market shmarket”.

And then…enter the PICKLES!

On the fourth weekend, a vendor set up with about 10 five- gallon buckets of pickles.  There were garlic pickles, dill pickles, sliced pickles, whole pickles.  There were hot pickles, sweet pickles and sour pickles too (In your best Dr. Seuss).

Oooohhh the places you will go with pickles at the market.

All of a sudden, the parking lot was a buzz…the pickle line was long, the cash was flowing and the farmers market was back! ~

Week five:  sold out crowds and sold-out pickles.

Week six: Standing room only as the pickles took the stage.

Week seven: Two trucks of pickles and a traffic jam in small town America.

The pickles needed a manager.  The world tour was on (or at least the county tour was on). They rock the crowds, people patiently stood in lines for at least (I had some “time” on my hands so I measured it)…thirty-three minutes.

So, why on earth would be drive far distances, stand in line for a record amount of time for a farmer’s market and pay $25 for a few mason jars of pickles??

You know…that’s a really good question!

So let’s look at the four reasons people buy.

  1. The Brand: 19% of people buy an item (car, jeans, phones, flowers, Fabiana, and Ficus) because of the brand associated with that item (Mercedes, Levi’s, Apple, etc).
  2. The Product: Another 19% of folks buy because of the actual product (C 300, 501 Jeans, iPhone).
  3. The Price: It’s not as much as you believe!! Only 9% of folks buy based on price. As my friend Bisser Georgiev said to a group of TPIE conference committee members “less…but better”.

In essence, people may buy fewer things, but they will pay more for them.  This economic change and the lessons from the past were “you get what you pay for,” and some folks are still paying for the savings they tried to create years ago—tough lesson!!

  1. The Experience: A whopping 53% of folks will absolutely pay more and come back if you offer an experience worth coming back for time after time.

Creating the Customer Experience is where the money is—consistently creating the customer experience earns new fans of your business, but you have to have something to be a fan of first!

As for the pickles at the farmers market, they had long lines of folks paying more than they are used to because of the experience they received.

Not only from the pickle purveyors, but from the entire farmers market experience.  They wanted to take a piece of that home with them, one Kosher Dill at a time.

So I guess the point that is soaking in brine is that we should all have a pickle experience.  What is your pickle??

A system that I have created drives this message home to each and every client that I am blessed to work with in the green industry.

Firstly, you create a culture of ownership where every employee is at the table and ready to be held accountable for his or her behavior, actions, ideas and outcomes.

Next you set standards to drive the “customer experience” within your organization (professionalism, response times, satisfaction, quality, quirky methods to bring fun into the equation, etc).

From there you deliver the standards and set up a method to track them so there is the next step, which is to measure the standards.

 A short list of things to measure is helpful to keep the momentum going and the team engaged (returns, a perfect delivery day, order fulfillment, productivity, etc).

Next, we have to invest time to remove the barriers. Take a good strong look at some of the things that are getting in your way of “your pickle” (usually either people or process changes are needed to be made)>

And finally, we need to drive consistency.

How are we creating that customer experience” that is a majority of why folks buy from us (53%)?

So, the lesson of the day is to challenge your team to figure out “What is our pickle”?  What separates us from our competition?

What can we do better and more uniquely than anyone else and how do we deliver that consistently on a daily, weekly, monthly and annually?

And don’t forget, the garlic and spicy peppers that no one else carries is what sold out first—great brand, great product, good price but absolutely a great experience at the farmers market in Sykesville, MD.

John Kennedy is an international speaker, strategist and author committed to driving business excellence in the nursery and landscape industry and beyond.  He resides in Centreville, Virginia with his wife, Souny.

He can be found at www.johnkennedyconsulting.com

News for Your Week Ahead: March 12, 2020

Executive Director Bill Feehley and Paycheck Protection Program (PPP) expert Peter Haukebo of Frost Law  provide an update on the program as well as how to handle forgiveness of the loans. Be sure to watch to stay up to date.

Watch on YouTube.


Michael Ashley of Registered Agents joins Executive Director Bill Feehley to discuss how Registered Agents can help with you incorporation needs.

Watch on YouTube.


Passed: American Rescue Plan Act of 2021

On March 10, Congress passed the $1.9 trillion American Rescue Plan Act of 2021 (H.R. 1319), which President Biden was signed into law on March 11th.

As a quick refresher, the legislation makes several important changes to the PPP:

1.    Most 501(c) nonprofits will gain access to the Program.
2.    The “affiliation rules” will be lifted for 501(c)(3) and 501(c)(6) organizations. This means that an organization’s headcount would be considered “per physical location” rather than in-total and across all locations. As such, a 501(c)(3) with more than 500 employees and/or a 501(c)(6) with more than 300 employees – but at multiple locations – would be eligible for PPP.
3.    An additional $7.25 billion will be made available to the PPP.

Unfortunately, the American Rescue Plan Act does not extend the PPP’s current March 31 expiration. Stakeholders across industry continue to press Congress for a plainly necessary extension. POLITICO reports there is strong bipartisan support in the House to extend the Program to May 31.

With the PPP taking $7.25 billion of the $1.9 trillion relief pie, the American Rescue Plan Act includes myriad other provisions to provide further assistance to individuals, families, nonprofits and businesses.

For more information, click here.


Biden Announces PPP Changes Designed to Help Underserved Borrowers

Funding for the federal Paycheck Protection Program (PPP) is scheduled to close on March 31, 2021. About $150 billion in PPP funding remains available.

In February, President Biden announced a series of changes to the PPP intended to make the program more accessible to all small businesses and those who have been left behind in previous relief efforts. Changes include:

· Establishing a 14-day window, starting, February 24th, when only businesses with fewer than 20 employees are eligible to apply to the PPP Program

· Dedicating $1 billion for PPP loans for sole proprietors, independent contractors, and self-employed individuals in low-to-moderate-income areas and revising the loan calculation formula for these applicants

· Eliminating a rule restricting businesses that are at least 20% owned by an individual who was arrested or convicted of a felony related to financial assistance fraud in the previous five years or any other felony within the previous year

· Eliminating a rule restricting businesses that are at least 20% owned by an individual who is delinquent on student debt from receiving PPP loans

· Clarifying that non-citizens may apply using individual taxpayer identification numbers

For more information, click here.


What Employers Need to Know About Repayment of Deferred Payroll Taxes | COVID Tax Tip 2021-32

To give people a needed temporary financial boost, the Coronavirus, Aid, Relief and Economic Security Act allowed employers to defer payment of the employer’s share of Social Security tax. IRS Notice 2020-65 allowed employers to defer withholding and payment of the employee’s Social Security taxes on certain wages paid in calendar year 2020. Employers must pay back these deferred taxes by their applicable dates.

The employee deferral applied to people with less than $4,000 in wages every two weeks, or an equivalent amount for other pay periods. It was optional for most employers, but it was mandatory for federal employees and military service members.

For more information please click here.


Franchot Extends State Income Tax Filing Deadline to July 15 | State, Federal Pandemic Relief Programs Require Extensive Changes to Tax Forms, Updates Anticipated by April 15.

Maryland Comptroller Peter Franchot on March 11 announced that he is extending the state income tax filing deadline by three months until July 15, 2021. No interest or penalties will be assessed if returns are filed and taxes owed are paid by the new deadline.

The extension, which applies to individual, pass-through, fiduciary and corporate income tax returns, including first and second quarter estimated payments, is due to recent and pending legislation at the state and federal levels that impact 2020 tax filings and provide economic relief for taxpayers harmed by the COVID19 pandemic.

To stay up to date and to learn about the availability of revised and new tax forms visit the RELIEF Act Information page on the marylandtaxes.gov website.

If you have any RELIEF questions, call (833) 345-0787 or email ReliefAct@marylandtaxes.gov.

For more information please click here.


Here’s How People Can Request a Copy of Their Previous Tax Return | Tax Tip 2021-33

Taxpayers who didn’t save a copy of their prior year’s tax return, but now need it, have a few options to get the information. Individuals should generally keep copies of their tax returns and any documents for at least three years after they file.

If a taxpayer doesn’t have this information here’s how they can get it:

Ask the software provider or tax preparer
Individuals should first check with their software provider or tax preparer for a copy of their tax return.

Get a tax transcript
If a taxpayer can’t get a copy of a prior year return, then they may order a tax transcript from the IRS. These are free and available for the most current tax year after the IRS has processed the return.
To protect taxpayers’ identities, this document partially hides personally identifiable information such as names, addresses and Social Security numbers. All financial entries, including the filer’s adjusted gross income, are fully visible. People can get them for the past three years, and they need to allow time for delivery.


Tax Time Guide: Didn’t Get Economic Impact Payments? Check Eligibility for Recovery Rebate Credit | IR-2021-49

The Internal Revenue Service reminds first-time filers and those who usually don’t have a federal filing requirement to consider filing a 2020 tax return. They may be eligible to claim the  Recovery Rebate Credit, a new refundable credit, authorized by the Coronavirus Aid, Relief, and Economic Security (CARES) Act and the COVID-related Tax Relief Act.

Most individuals eligible for the Recovery Rebate Credit have already received the full amount in two rounds of payments, known as Economic Impact Payments. All legally permitted first and second Economic Impact Payments have been issued.

For more information please click here.


Here’s What Taxpayers Should Do If They Have Missing or Incorrect Documents| Tax Tip 2021-26

Taxpayers should double-check to make sure they have all their documents before filing a tax return.

Taxpayers who haven’t received a W-2 or Form 1099 should contact the employer, payer or issuing agency and request the missing documents. This also applies for those who received an incorrect W-2 or Form 1099.

If they can’t get the forms, they must still file their tax return on time. To avoid filing an incomplete or amended return, they may need to use Form 4852, Substitute for Form W-2, Wage and Tax Statement or Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc.

For more information please click here.


Multiple Taxes: RELIEF Act Discussed 

The Maryland Comptroller has issued a Tax Alert discussing the recently enacted Recovery for the Economy, Livelihoods, Industries, Entrepreneurs, and Families (RELIEF) Act, which provides income and sales tax relief. (TAXDAY, 2021/02/17, S.5 ; TAXDAY, 2021/02/17, S.6 ) Corporate Income Subtraction for Coronavirus Relief Payments Under the Act, businesses may subtract coronavirus relief payments on their Maryland return. Coronavirus relief payments includes grants or loans applied for after…

To continue reading please click here.


Maryland RELIEF Act Support for Businesses

With the passage of the RELIEF act of 2021 by the Maryland General Assembly, new COVID-19 relief will soon be made available for certain Maryland businesses through the Maryland Department of Commerce. They anticipate accepting initial applications for the new funding in mid-March and will update their website as details about these Commerce programs become available.

The funding will be targeted toward certain groups of businesses including:

  • $10 million for businesses who do not collect sales tax and can demonstrate a need for assistance
  • $500,000 for businesses seeking to set up online sales or help employees telework
  • $10 million for small, minority and women-owned businesses
  • $8 million for private commuter bus operators and local transit systems

Visit the business resources website for additional funding available and the latest information.


What’s in the Federal Stimulus Package for Marylanders?

On Wednesday, the House approved the final version of President Biden’s $1.9 trillion coronavirus relief bill including $1,400 stimulus checks, massive expansions to the federal tax credits and nearly $6.4 billion in direct funding for Maryland’s state and local governments.

More than 2.5 million Maryland households would get direct stimulus payments of up to $1,400, totaling $6.25 billion flowing into Marylanders’ wallets. The stimulus bill also expands the child tax credit benefiting 1.1 million children and lifting more than 52,000 children out of poverty, according to Senators Van Hollen and Cardin.

Under the new bill, Maryland will also receive a total of $6.35 billion in aid for state and local governments, with $3.87 billion of that funding directed towards emergency services, vaccine distribution and other needs.

To read more, please click here.


State Legislators Want Role in Maryland’s Stimulus Spending

As the U.S House passed the $1.9 trillion federal stimulus plan on Wednesday, the Maryland House temporarily slowed work on the state budget, giving appropriators time to understand the flood of federal money headed to the state. The House Appropriations Committee, which is leading the charge on the passage of Maryland’s 2022 budget, delayed a meeting on final budget decisions to allow top legislators to work with Governor Hogan on guiding the federal stimulus spending.

To read more, please click here.


Child Tax Credit and Expansion of the Earned Income Credit

SB0218 was introduced in this year’s Maryland General Assembly and was passed by both the Senate and House. It was Enacted Under Article II, Section 17(b) of the Maryland Constitution as Chapter 40.

This emergency bill expands eligibility of the State and local earned income tax credits and thereby the State and local poverty level credits, by allowing a taxpayer to claim the tax credit notwithstanding certain federal requirements.

The bill also creates a refundable credit against the State income tax equal to $500 for each dependent child who is a qualified dependent under Section 152  of the Internal Revenue Code and is under the age of 17 years and has a disability. In order to qualify, a taxpayer must have a federal adjusted gross income of $6,000 or less.  The credit is reduced by the amount of any federal child tax credit claimed for the child in the year. This bill applies to tax years 2020 through 2022 and terminates June 30, 2023.

News for Your Week Ahead: March 5, 2020

Executive Director Bill Feehley and CPR Committee member Jim Arnie provided a legislative update for the current session. Be sure to watch so you can get up to date!

Watch on YouTube.


Jerry Lotz of CostSeg Energy Solutions joins Executive Director Bill Feehley to discuss the tax savings for owners/lessors of commercial/residential rental property.

Watch on YouTube.


Frost Law PPP Forgiveness

Have questions about PPP Loan Forgiveness? Join @Frost Law PPP expert Peter Haukebo right here on MSATP TV live on March 11, 2021 at 10 a.m. to get your questions answered! Comment your questions on our Facebook page, or email info@msatp.org. Don’t forget to tune in for the live presentation!


IRS Reminds Businesses to Report Large Cash Transactions; E-File Encouraged | IR-2021-47

The IRS reminds businesses of their responsibility to file Form 8300, Report of Cash Payments Over $10,000, and encourages e-filing to help them file accurate, complete forms.

Although many cash transactions are legitimate, information reported on Form 8300 can help stop those who evade taxes, profit from drug trading, engage in terrorist financing and conduct other criminal activities. The government can often trace money from these illegal activities through payments reported on complete, accurate forms.

For more information, click here.


Tax Time Guide: Didn’t Get Economic Impact Payments? Check Eligibility for Recovery Rebate Credit | IR-2021-49

The IRS reminds first-time filers and those who usually don’t have a federal filing requirement to consider filing a 2020 tax return. They may be eligible to claim the  Recovery Rebate Credit, a new refundable credit, authorized by the Coronavirus Aid, Relief, and Economic Security (CARES) Act and the COVID-related Tax Relief Act.

Most individuals eligible for the Recovery Rebate Credit have already received the full amount in two rounds of payments, known as Economic Impact Payments. All legally permitted first and second Economic Impact Payments have been issued.

For more information, click here.


IRS Releases 2021 National Public Liaison Meeting Schedule

The IRS has released its revised 2021 National Public Liaison Meeting Schedule. The specific updates are as follows:

  1. The 2021 Nationwide Tax Forums will no longer take place in person. The Tax Forums are now virtual.
  2. Specific dates are provided for the virtual Tax Forums.

To see the full schedule please click here.


Comptroller’s Office Mails 27,000+ Payments to Marylanders Stuck in Unemployment Disputes

ANNAPOLIS, Md. (March 4, 2021) – Comptroller Peter Franchot today announced that checks to the 27,181 recipients identified by the Maryland Department of Labor for unemployment grants have been processed and mailed. The payments were processed less than 24 hours after the Labor Department provided the Comptroller’s Office with a list of recipients, as required by the RELIEF Act.

The RELIEF Act provided appropriations for 32,000, one-time $1,000 grants to unemployment insurance filers who remain in adjudication and have not received unemployment payments. Under the legislation, the Secretary of Labor determines recipients of the unemployment grants, and the Comptroller’s Office – as the State’s paymaster – would disburse payments to the identified grant recipients.

For more information, click here.


Tips to Help Take the Stress out of Tax Season

Every filing season comes with its own set of challenges and 2021 is no different. The IRS wants taxpayers get the information they need as quickly as possible. Taxpayers can keep in mind these tips when they get ready to file. Following them will help get this year’s taxes done accurately and refunds issued timely.

  • Gather records. Good recordkeeping makes preparing a tax return easier. It can also ensure taxpayers do not overlook deductions and credits.
  • Start with IRS.gov. IRS.gov is available around-the-clock and it’s the fastest way to get assistance. Millions of people use IRS.gov for filing and paying taxes, getting information about their accounts or answers to tax questions. The IRS Services Guide outlines the many ways taxpayers can get help from the IRS.
  • Use online tools. IRS.gov has many useful online tools. The Interactive Tax Assistant provides answers to many tax questions specific to an individual’s circumstances. It gives the same answers that an IRS representative would give over the phone.
  • Choose a reputable preparer. Taxpayers can self-prepare or use a tax preparer. IRS.gov has resources to help people choose a tax pro. The IRS Directory of Federal Tax Return Preparers provides information on who has a professional credential or participates in the IRS Annual Filing Season Program.
  • File electronically. IRS Free File can help taxpayers figure things like their earned income tax credit, child and dependent care credit, and recovery rebate credit. MilTax online software is also available for the members of military and certain veterans, regardless of income, and is offered through the Department of Defense. Some Free File options are available in Spanish.
  • Choose direct deposit. Filing electronically and choosing direct deposit is the safest and easiest way to file an accurate tax return and the fastest way to get a refund.
  • Report all income. Taxpayers must report their income from all sources, including the gig economy, Forms W-2, Wage and Tax Statements, and Forms 1099. Other income may be reportable as well, even if the taxpayer does not receive a statement.
  • Report unemployment benefits. Taxpayers who received unemployment benefits in 2020, must report the amount received as taxable income on their tax return.
  • Avoid errors. Taxpayers should take extra time to review their tax return so they can file a complete and accurate return and avoid refund delays. Filing electronically is the most accurate way to eliminate many common errors. Check all names and double check all Social Security numbers as well as, account and routing numbers for direct deposit.
  • Review Publication 17. This guide is available in English and Spanish on IRS.gov and translations in Russian, Vietnamese, Korean and Chinese – simplified and traditional – will be available soon. The new format makes it easier to navigate and faster to download. The 2020 edition is now accessible on most personal electronic devices as an eBook.

 

Consistency is Key; Creating the Culture of “Want”

As I sit in the terminal in Salt Lake City, Utah, I am reminded of a trip I took a few years back with my wife.

I was working with a client, and we chose to spend a few extra days in this wonderfully beautiful part of our country.

The one thing that struck me the most was the deep cultural happiness, politeness and willingness to offer a pleasurable and memorable experience.

Not just the hotel where we stayed, not just the horse farm we saddled up to ride the hills of Utah, not just the restaurants we frequented, not just the Olympic bobsled ride we took at a nail-biting 65 miles and hour, not just the cab ride both to and from the airport, not just the movie theatre we grabbed the latest show, but every single interaction and experience with each aspect of our visit.

I know you might be thinking… the faith of the region promotes this unique culture, but the point I am trying to make is that it was consistent…across the board…everyone on board!  That to me was not just awesome, it was eye-opening.

So how do we then create the same type of consistency within our teams? A level of excellence where everyone is engaged, enthusiastic, committed and confident in their day-to-day execution of your company’s mission.

Well, there’s a good starting point: Does you company actually have a mission, a vision, a set of values that drive your employees forward on a daily basis? Good question!!

The end result or goal that I offer every company I am blessed to work with is something called a “Line of One Culture”—the ability to create a solid and unified force of people and energy, focused on accomplishing the same mission”.

There’s that word again—MISSION.

In order for any company to offer “a perfect product, delivered by caring friendly people, in a timely way”, you must have a mission that everyone can believe in and commit to on a consistent (daily) basis.

So, your mission, if you chose to accept it, is to revisit the over-reaching reason why you open the doors everyday.

Is it to make money? Fine!  Is it to grow world-class, exquisite plants? Great! Is it to keep the family business for one more generation? Perfect!

But the big question…one worth asking yourself everyday Mr. and Mrs. Owner is “Why do I get up everyday to do this?”

I can tell you this–your employees are asking the very same question every single day, and if their answer is “because I have to,” you may not have the consistent workplace for your plants and people to thrive and survive.

If their answer is “because I want to,” than you have the kind of environment that can grow, build and transform your culture, your clients and your future.

Which is your answer—Do I “have” to or do I “want” to?

I am always delighted to create systems within organizations that promote the culture of “want”.

Ones that celebrate successes, ones that support the training needs of the organization, ones that quickly address issues, ones that strive to not do a bunch of stuff “well”, but executes a handful of things better than any other competitor—“great”!

God gave us two hands to make our lives simple.  Let’s not overly complicate things.  We should all create a culture where there are “five things that you manage every day” to a high level of accuracy and commitment, and then there are “five things that you master everyday” without exception, without negotiation! These are your “mission possible” items.

Left hand and right hand—simple!

When you align your team and your company to these 10 objectives, tie them into your mission, feed the employees the top three meals they hunger (Motivation, Communication, Delegation), and do this everyday to a level of consistency that stands heads above the competition, your will have found your “Line of One Culture”

Final Thought:

I would rather be consistently mediocre than inconsistently great. At least I know what I am getting on a consistent basis.  Somewhat sarcastic and snarky, but so very true!

How do you become consistently great is your next big MISSION.

PS:  I have now arrived at my destination in Boise. I am staying at the Hampton Inn—consistently a great brand every single time!!!

We would like to thank John Kennedy for his contribution to our Professionals Blog. To learn more about John Kennedy please click here.