#TechTips – Epistemology, or, How Do You Know What You Know?

A wise accountant once taught me that opinions are like a… certain part of one’s body. Everyone has this particular part, and everyone else’s smells. (It’s your nose, at least for this publication.)

What’s the point of opening this post with a crass depiction of an opinion? Because, in our profession, and in our world, we must have a handle on facts.  The truth is what the facts arei. Period.

The previous post, about logic, relied heavily on facts. If there are no facts, there can be no logic. If there are no facts and no logic, there can be no accounting.

Of course, those of us that still practice in the field of attestation might argue that accounting can’t exist without opinions either, but that is a fool’s errand because in the aggregate, opinions don’t actually exist. Ok, they exist. In the same way that a fist or one’s lap exists.  What happens to your fist when you straighten your fingers, or your lap when you stand up?  Wherever the fist and the lap goes, that’s where the opinion goes.

In all seriousness, one cannot render a professional opinion without first determining the facts of the matter.

Ahem.

Epistemology then, is a field of knowledge that seeks to distinguish fact from opinion. We are all entitled to our own opinions, but not our own facts.  As far as those opinions, we’ll just be sure to keep a window opened 😉

As in all fields of study, it’s important to start with some definitions and that is certainly true in Epistemology. The term is relatively new, about 200 years old, give or take, though the pursuit of this knowledge and its debates radiate throughout history back to Plato’s and Socrates’ time.

Here are a few terms of art in this branch of philosophy – and it’s just a few because this is meant to be a short blog post. As stated previously, the purpose of these posts is to spark your imagination and interest into learning something new.

Belief – an attitude held by an individual regarding anything they take to be “true.”

Truth – The property of being in accord with facts or reality. (“The truth is what the facts are.”ii)

Justification – The reason that someone holds a rationally admissible belief; the assumption that it is a good reason for holding something to be true.

Apriori – Knowledge obtained without experience, through reason only. Views that rely on apriori knowledge are classified as rationalist.

Aposteriori – Knowledge obtained through experience and/or is empirical in nature. Views that rely on aposteriori knowledge are classified as empiricist.

The problem of regression – one’s proposition relies on premises that themselves must be justified by other premises in an infinite loop.  Revisiting the proposition about Socrates and mortals; All men are mortal. Socrates was a man. How do we know that Socrates was a man?  Do we define a man as someone born of human parents? Can we know this about Socrates? Do we simply accept this premise as factually correct apriori?

Let’s link this concept to our profession.

If any of us have been in public practice for any length of time, you will undoubtedly encounter a taxpayer who has a gripe about their current tax preparer. Often, they will say things like, “I owe a lot in taxes and it’s all their fault.”

Really?

How do we know that this is true?

If the person in question can produce their returns, a careful examination of said returns…cannot tell us definitively whether the person paid too much, or too little in tax.  We’d need to see the source documents and the preparer’s work papers. BUT, we can intuit some information from the returns to get a sense of the situation. For example, if a person is a sole shareholder of a corporation and that person works out of their house, and that they are also the sole employee of that corporation, it’s a relatively safe bet that spending $1,500 a month in telephone expenses is probably a bunch of hooey. (That’s the technical term in the IRC.)(No…no it isn’t.)

When pressing said taxpayer on this bit of…oddness, and said taxpayer blames their accountant, you can direct the person to the taxpayer signature line and ask if that’s their signature there.

Upon their inevitable acceptance of that barest of responsibilities, we can then come to understand the following:

  1. 1. It is the taxpayer’s opinion, and not a fact, that the accountant messed up the return.
  2. 2. It is our third-party observation that the return itself is most likely not correct.
  3. 3. It is not possible to know if the accountant intentionally messed up or if the client provided the accountant with faulty information.
  4. 4. It is not possible to know if the taxpayer is being truthful, though the signs would indicate that the taxpayer is not being truthful. Though it is possible that the taxpayer misheard or misinterpreted their accountant’s advice or questions, such a mismatch isn’t likely to be unintentional.
  5. 5. It is a weakness of our tax laws that allows such scenarios to not only exist, but to fester to the point where taxes, penalties, and interest accrue such that the taxpayer will never be clear of them.
  6. 6. You’d be an absolute fool to take that taxpayer on as a client. (That’s a fact.)  (Ok, that’s an opinion, but it’s still true.)

We relied on apriori and aposteriori knowledge to analyze this situation. We couldn’t know all the underlying facts of the matter. We had to draw from experience to reason out what was likely true and what was likely not true.

Let’s face it. We are lied to for a living. Sometimes those are little lies and sometimes they are big ugly lies. Sometimes they are oversights and mistakes. Other times they are intentional.

And we need to be able to spot these lies and use our logic (couched in empathy) to persuade people to get back on the straight and narrow.

As Herman Wouk once said, “Income tax returns are the most imaginative fiction being written today.”

Well, with all due respect to Mr. Wouk, when it comes to my tax returns, I’m in the non-fiction section, and I know that you are all there with me.

As we continue our journey through the various branches of philosophy, we’ll close this post with a nod to two philosophers. One, a famous personage from history who gave us a famous quote, and the other, a veteran tax jockey from within our Society’s ranks.

Borne out of a desire to craft a proposition that did not require any justification or reliance on other statements, Renee Descartes stated, “I think, therefore, I am.”

To which my father (it’s a family firm) replied, “I am, therefore, I must pay.”

We accountants are the philosophers that Einstein spoke of. Embrace it!

Our next installment will cover the topic of Aesthetics.

If you think, then you are, then you should join us!

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: April 2, 2021


On this week’s episode of MSATP TV, Executive Director Bill Feehley and Ellen Silverstein discussed MSATP’s Annual Convention & Banquet! Remember to follow us on Facebook to catch all our MSATP TV episodes live!

If you are interested in learning more about the Annual Convention & Banquet, please click here.

Watch on YouTube.


Important Notice Regarding Your License Registration or Permit Renewal Dates – Occupational and Professional Licensing | Maryland Department of Labor

On March 9, 2021, Governor Larry Hogan issued Executive Order No. 21-03-09-03 addressing the renewal dates of expiring licenses, registrations and permits. The new order amends and restates the earlier executive order of March 12, 2020 concerning expiration dates.

From March 12, 2020 until March 9, 2021, the Maryland Department of Labor’s Division of Occupational and Professional Licensing has allowed licensees to operate under an extended status without requiring them to renew their respective licenses, registrations or permits during the governor’s mandated grace period. However, per the new order, we will now begin a phase-in period to restore expiration dates to normal intervals.

For more information, click here.


Announcement 2021-7 | A-2021-07

Announcement 2021-7 notifies taxpayers that amounts paid for personal protective equipment for the primary purpose of preventing the spread of the Coronavirus Disease 2019 are amounts paid for medical care under § 213(d) of the Internal Revenue Code.  As a result, the announcement confirms that these amounts are qualified medical expenses eligible to be paid or reimbursed without being included in gross income under health flexible spending arrangements (health FSAs), Archer medical savings accounts (Archer MSAs), health reimbursement arrangements (HRAs), or health savings accounts (HSAs).  In addition, the announcement notifies administrators of group health plans regarding the ability to make certain plan amendments pursuant to the announcement.

Announcement 2021-7 will appear in IRB 2021-15, dated April 12, 2021.

For more information, click here.


Paycheck Protection Program Extended

On March 30th, President Biden signed into law the two-month extension to apply for a Paycheck Protection Program (PPP) loan. As a refresher, the legislation extends PPP through May 31 and allows 501(c)(6) organizations and others more time to pursue a second PPP loan. Further, if eligible organizations apply by May 31, the Small Business Administration will permit lenders an additional 30 days to process and approve any outstanding applications.

Eligibility criteria for a second PPP loan are as follows: 

  • The applicant received a first PPP loan and will or has used the loan only for authorized uses;
  • The applicant employs no more than 300 people; and
  • The applicant can demonstrate at least a 25-percent reduction in gross receipts between comparable quarters in 2019 and 2020.

For more information, please click here.


Governor Hogan Announces Replenishment of Maryland’s Unemployment Insurance Trust Fund | Maryland Chamber of Commerce

On March 31st, Governor Larry Hogan was joined by legislative leaders to announce a historic, bipartisan agreement over how the state will spend the $6.355 billion in funding allocated to Maryland in the federal American Rescue Plan Act. The American Rescue Plan Act passed in early March with the promise of supporting struggling families and communities with direct relief. Included in the $1.9 trillion package is $360 billion earmarked for states, counties, cities and tribal governments to cover increased costs, replenish lost revenue and mitigate the economic fallout from the COVID-19 pandemic.

“I’m pleased to announce today that we have once again reached an historic bipartisan agreement on a fiscally responsible budget accord, which effectively targets relief to Marylanders most in need,” said Governor Hogan during the announcement.

Importantly, Governor Hogan’s announcement included the following:

  • $1.1 billion will be spent to replenish Maryland’s Unemployment Insurance Trust Fund in order to maintain its solvency and stabilize rates over the next two calendar years;
  • $800 million will be added to existing Maryland Emergency Economic Relief Programs;
  • $600 million for the safe reopening of schools;
  • $300 million for a broadband technology initiative to expand access to high-speed internet;
  • $100 million for employment training and apprenticeship programs;
  • $100 million to support state employees providing essential services during the pandemic;
  • $500 million in infrastructure and transit improvements;
  • $300 million to provide a critical lifeline for struggling Marylanders including low income with utility programs, temporary disability payments, etc.

For more information, click here.


Carroll County Accepts Maryland Relief Act of 2021 and Maryland Recovery Now Grant Funding

The Carroll County Board of Commissioners voted to accept Maryland Relief Act of 2021 funding for Carroll County, involving four (4) new business grants from the State of Maryland including the Maryland Recovery: Nonprofits Carroll County grant. The State of Maryland Relief Act of 2021, passed in February 2021, includes more than $1 billion in tax relief and economic stimulus for struggling families and small businesses suffering because of the COVID-19 pandemic.

Application information including criteria, dollar amounts, and start/close dates vary for each grant with more information posted as it becomes available. All information will be available on the Department of Economic Development’s website. Interested businesses or persons should check the site regularly for updated information and apply online from this site.

For more information, please click here.


University Students and Staff Should be Aware of IRS Impersonation Email Scam | Tax Tip 2021-42

People should be aware of an ongoing IRS-impersonation scam that appears to target educational institutions, including students and staff who have .edu email addresses. The suspect emails display the IRS logo and use various subject lines, such as Tax Refund Payment or Recalculation of your tax refund payment. It asks people to click a link and submit a form to claim their refund.

The scam website requests taxpayers provide their:

  • Social Security number
  • First name
  • Last name
  • Date of birth
  • Prior year annual gross income
  • Driver’s license number
  • Current address
  • City
  • State/U.S. territory
  • ZIP code/postal code
  • Electronic filing PIN

For more information, please click here.

Virtual Meeting a Little Grainy?

by Walter

Throughout the COVID-19 pandemic, the use of our webcam has increased exponentially. What was once just a fun add-on for a laptop or an accessory for a desktop is now a necessity. While the feeds are a massive improvement from the early days of dial-up and DSL internet, there is always room for improvement. While your internet connection is probably enough to get the job done one issue is with the camera itself.

If you’re a hobby photographer you probably know that sensor size, quality, and the ability to adjust the settings of your camera are everything. For a webcam, this is no different. A built-in webcam for a laptop is a tiny mirrorless sensor camera that has a fixed aperture. The only things that can be adjusted, and this is usually done automatically, are the shutter speed and ISO. You will notice it making adjustments for example when you first start the camera for a webinar. It generally starts as a darker image and then brightens up. If you sit in a room with variable lighting, such as a room with many windows, you will notice the image adjusts to your lighting as the lighting changes. To help your built-in camera give the best possible image sit in a room with good lighting so the camera can use the lowest ISO setting possible. High ISO is what produces that grainy look you see when people are in dark rooms. The shutter speed will also be a little faster to compensate for any movement so your viewers get a much smoother, sharper, and clearer image of you.

Another option is to get a better webcam. While most webcams boast 720HD if your viewer has a full-screen view of you the quality of the image will leave something to be desired. Not all 720 resolution is the same especially given the bitrate of most video conferences is pretty low. Low bitrate means not a lot of data is being transmitted, so the image generally is smoother and less susceptible to having issues. Now while there is a limit here, you can use a better camera with a bigger sensor size that allows it to take in more light and data. So if you’re in a poorly lit room a better webcam with a larger sensor won’t have to adjust as much to produce an image. Some even have wider or variable apertures to allow the camera to take in more light before adjusting ISO which introduces that grain or noise.

Lastly, check your settings in your video conferencing service. Some offer HD plans which have more bandwidth than their standard plan. More bandwidth means more data from that camera can be transferred through the service. So if you’re using a higher quality webcam or broadcasting from say a full-frame camera you can get that nice sharp high definition look you’re looking for.

If you have any questions please feel free to reach out to me at walter@msatp.org.

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