American Jobs and Closing Tax Loopholes Act of 2010

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There are two bills of potential interest to you that may be voted on by tomorrow.

The Homebuyers Assistance and Improvement Act of 2010 would extend the first time home buyer’s credit to September 30, 2010.  That is, you still have to have signed a contract to purchase a home by April 30, 2010, but this new bill would allow you until September 30, 2010 to move in (extended from the current deadline of June 30, 2010).

and,

The Restoration of Emergency Unemployment Compensation Act is a bill that rose out of the Senate’s inability to pass the previous American Jobs and Closing Tax Loopholes Act of 2010.  The previous bill was set to extend around 50 expiring credits (which is good), but it had some terrible provisions for small business included in the bill (which is bad).  This current restoration bill would extend expiring unemployment benefits for an estimated 1.7 million individuals through November.

Thanks, Jason M. Blumer

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The guvment is trying to stimulate us again, and they continue to un-stimulate us (in my opinion).  The House recently passed the American Jobs and Closing Tax Loopholes Act of 2010, and it is chocked full of tax extenders, relief for the unemployed and puts a hold on cutting Medicare payments to doctors.  The Senate will be voting on it soon.

But the section that makes me go “OMG” is the part that is attempting to undermine all the tax planning we as CPAs perform for our clients.  Some background: if you begin making a lot of money in your small business and you file as a sole proprietor, then you start having to pay a lot of taxes because you are running your business so well (in particular, the self-employment tax piece is the big deal-e-o).  But we as CPAs can guide you through the proper way to convert your entity to an S Corporation, begin taking a reasonable wage through payroll and then take out distributions that do NOT have self-employed tax charged to them.  This has saved our clients many many thousands of dollars throughout our firm’s history.

But this most recent bill passed by the House will charge self-employment tax to the distributions S corporation owners pull out above payroll!  This is amazing!  It’s for Professional Service Corporations, and it only applies to S Corps with 3 or fewer owners.  So if you run a service-based company inside of an S Corporation, your tax planning abilities are about to go away.  That really stinks.

Contact your Senator before they vote on this and tell them this is a killer to the small businesses in America.

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