Tax Lawyer Blog

A Blog written by the Tax Attorneys for Individuals and Businesses

Year-End Tax Planning: Businesses and Business Owners

Dear Subscriber:

This Practice Alert highlights the opportunities and challenges that affect year-end planning for 2016 and includes a checklist of actions that can cut taxes in this year and the years to come.

Take a look and give us a call. We look forward to lowering your tax burden and helping you financially succeed.

Happy Tax Planning,

Steve Moskowitz, Esq.
Founding Partner
Moskowitz LLP, A Tax Law Firm

Strategies for Businesses and Business Owners

Businesses should consider making expenditures that qualify for the business property expensing option. For tax years beginning in 2016, the expensing limit is $500,000 and the investment ceiling limit is $2,010,000. Expensing is generally available for most depreciable property (other than buildings), off-the-shelf computer software, qualified real property, qualified leasehold improvement property, qualified restaurant property, and qualified retail improvement property. The generous dollar ceilings that apply this year mean that many small and medium sized businesses that make purchases before the end of 2016 will be able to currently deduct all of their outlays for machinery and equipment. What's more, the expensing deduction is not prorated for the time that the asset is in service during the year. This opens up significant year-end planning opportunities.

Businesses also should consider making expenditures that qualify for 50% bonus first year depreciation, if bought and placed in service this year. The bonus depreciation deduction is permitted without any proration based on the length of time that an asset is in service during the tax year. As a result, the full 50% first-year bonus write-off is available even if qualifying assets are in service for only a few days in 2016.

  • Businesses may be able to take advantage of the "de minimis safe harbor election" (also known as the book-tax conformity election) to expense the costs of lower-cost assets and materials and supplies, assuming the costs don't have to be capitalized under the Code Sec. 263A uniform capitalization (UNICAP) rules. To qualify for the election, the cost of a unit of property can't exceed $5,000 if the taxpayer has an applicable financial statement (AFS; e.g., a certified audited financial statement along with an independent CPA's report). If there's no AFS, the cost of a unit of property can't exceed $2,500. Where the UNICAP rules aren't an issue, purchase such qualifying items before the end of 2016.
  • A corporation should consider accelerating income from 2017 to 2016, if it will be in a higher bracket next year. Conversely, it should consider deferring income until 2017, if it will be in a higher bracket this year.
  • A corporation should consider deferring income until next year, if doing so will preserve the corporation's qualification for the small corporation AMT exemption for 2016. (Note that there is never a reason to accelerate income for purposes of the small corporation AMT exemption because if a corporation doesn't qualify for the exemption for a given tax year, it will not qualify for the exemption for any later tax year.)
  • A corporation (other than a "large" corporation) that anticipates a small net operating loss (NOL) for 2016 (and substantial net income in 2017) may find it worthwhile to accelerate just enough of its 2017 income (or to defer just enough of its 2016 deductions) to create a small amount of net income for 2016. This will permit the corporation to base its 2017 estimated tax installments on the relatively small amount of income shown on its 2016 return, rather than having to pay estimated taxes based on 100% of its much larger 2017 taxable income.
  • If your business qualifies for the domestic production activities deduction (DPAD) for its 2016 tax year, consider whether the 50%-of-W-2 wages limitation on that deduction applies. If it does, consider ways to increase 2016 W-2 income, e.g., by bonuses to owner-shareholders whose compensation is allocable to domestic production gross receipts. Note that the limitation applies to amounts paid with respect to employment in calendar year 2016, even if the business has a fiscal year.
  • To reduce 2016 taxable income, consider deferring a debt-cancellation event until 2017.
  • To reduce 2016 taxable income, consider disposing of a passive activity in 2016, if doing so will allow you to deduct suspended passive activity losses.
  • If you own an interest in a partnership or S corporation, consider whether you need to increase your basis in the entity so you can deduct a loss from it for this year.

These are just some of the very many year-end steps that can be taken to save taxes. By contacting Moskowitz LLP, we can tailor an individualized plan that will work best for you.

Ronn Owens interview of Steve Moskowitz, Foreign Bank Account Reporting and Employment Tax Enforcement

Steve Moskowitz and Ronn Owens


Ronn Owens interviewed Steve Moskowitz on June 28 and they discuss IRS priorities, including Foreign Bank Account Reporting and Employment Tax Enforcement. Steve and Ronn further discuss the history of individual tax rates and the Alternative Minimum Tax. Finally, Steve takes live calls discussing criminal tax fraud of paying employees under the table and cooking the books, what to do if you owe taxes, and how to lower total tax liability with tax planning.