Kristine Amador CPA is a Texas based Certified Public Accounting/Tax Planning Firm in Grapevine, Texas, serving the Dallas Fort Worth Metroplex of North Texas for all your accounting, tax, business planning and bookkeeping needs. 

"I have had the pleasure to have Kristine Amador as my CPA since I first started my Professional Corporation. Over the years, Ms. Amador has been my financial accountant and tax advisor. She consistently delivers a high level of professionalism and her tax and accounting services are always accurate and trustworthy. Her experience as a CPA, and her tax practice are a great combination. I truly appreciate everything Kristine has done to help me that I would not hesitate to recommend her professional services to clients and fellow attorneys. Kristine, thank you again for your valuable services." Harry Arroyo, Attorney at Law

Are You in Compliance with the Business Personal Property Tax?

On April 24, 2003, Senate Bill 340, authored by Senator Todd Staples (R-Palestine), was finally passed by the Texas Senate. This Bill amends the Tax Code to penalize those who are not abiding by current rendition requirements.
Current law requires owners of personal property used or held for the production of income to render their property for tax purposes; however, the law does not provide any sanctions for failing to render property. Billions in property value are potentially missing from tax rolls because businesses fail to render. Estimates indicate that Texas is losing between $200 to $400 million each biennium because of failure to comply with rendition laws.

SB 340 contains an amnesty provision that is expected to encourage early compliance. The amnesty window spans from September 1, 2003 to December 1, 2003 to report property that was previously omitted from rendition reporting.
All business tangible personal property is subject to property tax in the State of Texas if the following criteria are met as noted in Sec. 21.02 of the Texas Property Tax Code:

  1. It is located in the unit on January 1 for more than a temporary period;
  2. It normally is located in the unit, even though it is outside the unit on January 1, if it is outside the unit only temporarily;
  3. It normally is returned to the unit between uses elsewhere and is not located in any one place for more than a temporary period; or
  4. The owner resides (for property not used for business purposes) or maintains his principal place of business in this state (for property used for business purposes) in the unit and the property is taxable in this state but does not have a taxable situs pursuant to Subdivisions (1) through (3) of this section.

Property requiring disclosure includes:

  • Business Fixed Assets
    • Examples of fixed assets used in a business consist of furniture, computers, office equipment, telephones, signage, vehicles, heavy machinery and medical equipment.
  • Inventory
    • Inventory held for resale must be reported on the yearly rendition form and is subject to a business personal property tax. Section 23.12 (a) of the Texas State Property Tax Code notes that, “the market value of an inventory is the price for which it would sell as a unit to a purchaser who would continue the business. An inventory shall include residential real property which has never been occupied as a residence and is held for sale in the ordinary course of a trade or business, provided that the residential real property remains unoccupied, is not leased or rented, and produces no income.”
      News update from TX Comptroller

"Kristine's knowledge and expertise saved me time and money. What took her three hours would have taken me over twenty hours to do and she knew of items that I could deduct that I was unaware." Michael Bell Y2Marketing

General Tax Tips

  • You may qualify to file form 2106 if you have expenses for your job or business that are unreimbursed. Many taxpayers have this and don't even realize it. This is an itemized deduction.
  • If you have self-employment income from a schedule C or you were issued a form 1099, you should strongly consider making a SEP contribution rather than and IRA contribution. A SEP contribution (Simplified Employee Pension) is fully tax deductible and can usually be larger in amount than an IRA.
  • If you are self-employed or have self-employment income, you may be eligible to deduct part of your health insurance premiums directly against your income. This could be a big tax saver.
  • If you receive a 1099 in one year for money you physically receive in the following year, you do not have to recognize those monies until the following year. You should be sure to note this properly on your return.
  • You can deduct certain educational expenses. In general, if the education is required by your employer or is to improve your skills in your existing profession you can write it off. Nowadays, with the need for higher education, this is a deduction that can save big money. Feel free to contact us (link to contact form) on this issue.
  • You can deduct a credit charge in the year it was charged, rather than when you pay the bill. Therefore, if you charge a deductible expense on December 20th, but don't pay the credit card bill until January 17th, you should take the deduction for the prior year.
  • If you make a charitable contribution of $250 or more, you should obtain written acknowledgement from the charity and keep it with that year's tax file. You do not have to enclose the receipt with your filing to the government.
  • If you have a child, you must have his/her social security number in order to claim an exemption. This is true regardless of your child's age. You can contact Social Security at 1-800-772-1213. Make your life easy and just fill out the forms in the hospital when the baby is born.
  • If you owe money on your return and you can't afford to pay it, enclose what you can afford now and file the return with a balance due. Many taxpayers do not realize that the penalty for "Failure to File" is much more than "Failure to Pay."
  • The top long-term capital gains rate is 15%. You may wish to cash in on some of your paper profits before year-end. If you have paper losses, you may wish to sell them along with your profits and offset these together. Your should aim for a total combined capital loss of $3,000 for the year.

To Incorporate or Not?

"I am pleased to recommend Kristine Amador's professional services without reservation. I entered the world of small business as a retailer in the Grapevine area three years ago. I met Kristine shortly after that and retained her services when I realized a need for professional objectivity to supplement my own resources. Kristine is down-to-earth, knowledgeable, and has met and exceeded my expectations in every way - she is truly a professional's choice!" Sylvia Helton, Proprietor Ooh La La, A Historic Downtown Grapevine Ladies Store

An Overview of Business Structures and Types

  • Sole proprietorship
  • Standard partnership
  • Limited partnership
  • Limited Liability Corporation - LLC
  • Standard corporation

"S" corporation

  • Sole proprietorship
  • Most simple of business structures
  • Has no existence outside of the owner
  • Liabilities are personal to the owner
  • Sometimes difficult to establish business loans - personal assets are often pledged
  • Owner has full control
  • All of the personal and business assets of the sole owner are at risk - unlimited liability
  • Files Schedule C with Form 1040
  • Makes quarterly estimated tax payments

Partnership

  • Agreement between two or more people
  • Disadvantage is potential conflict between partners
  • Each partner is subject to unlimited personal liability for the debts of the partnership
  • Files a Form 1065
  • Each partner receives a K-1 reflecting his share of the income or loss
  • Each partner should make estimated quarterly tax payments

Limited Partnership

  • Combination of elements in both a traditional partnership and corporation
  • Has one or more general partners who manage the business and one or more limited partners who are investors with no active role in management of the partnership
  • The limited partners are treated much like shareholders of corporations, with limited liability
  • Same tax forms as a traditional partnership.

Limited Liability Corporation - LLC

  • For federal tax purposes, an LLC is treated like a sole proprietorship if it has only one member (files Schedule C), or a partnership (Files Form 1065) if it has two or more members
  • Subject to Texas State franchise tax even though it isn't really a corporation
    Corporation
  • A creation of law - a separate legal entity
  • Subject to more regulation - a simple form consists of shareholders (investors), directors (do not own any of the business), and officers (responsible for day to day operations)
  • Greater record keeping requirements - Article of Incorporation, minutes of meetings, minimum capitalization of $1,000
  • Generally provides a greater offering of non-taxable fringe benefits (must be available to all employees to avoid taxation)
  • Has employees - owners do not take "draws"
  • Files Form 1120
  • Subject to Texas State franchise tax
  • Taxed on profits and when dividends are distributed to shareholders, the shareholders are taxed on the dividend received, but under the new tax law, not at ordinary income tax rates
  • Must file federal quarterly Employer's Reports (Form 941) and quarterly state (SUTA) employer's reports
  • Must file annual Form 940 (FUTA) and issue W-2s and file W-3 for the year

S Corporation

  • Creature of the IRS, not relevant to state incorporation laws
  • Allows small corporations to choose to be taxed at the federal level like a partnership, but enjoy many benefits of a corporation
  • Election of S corporation status must be filed with the IRS, all shareholders must consent
  • Profit and loss of the corporation is passed through to the shareholders
  • Could have suspended losses depending on the basis of investment
  • Files Form 1120S
  • Shareholders each receive a K-1 reflecting their individual share of profit or loss

Kristine A. Amador, CPA
1111 Main Street, Suite 125
Grapevine, Texas  76051
817-329-0106
 

Copyright  2003 - 2005 Amador CPA

 

 
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