IRS CARES Act and Tax Implementations

IRS CARES Act

The world has altered dramatically in the last year and a half. Many small businesses and individuals suffered financially and emotionally as a result of the virus. Staying away from family, not being allowed to meet relatives, being locked up in a house where your mental health is constantly jeopardized, and not being able to eat at your favorite neighborhood pizza place. Everything seemed to be going wrong. Small enterprises failed because they lacked the resources to stay afloat when the world was collapsing around them. The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was one of many attempts by the U.S. government to assist these individuals and small businesses financially. However, now that tax season is here, those Americans must determine whether their plan was taxable. We’ll go over some of the major US government programs and see if they’re taxable or not.

We’ll go over the four CARES Act relief programs: Paycheck Protection Program, Economic Injury Disaster Loans, Employee Retention Credit, and Payroll Tax Postponement in order to assess your taxes. Depending on your type of business and situation, these scenarios may vary. Contact your Miami Tax Accountant, SDG Accountants, if you have a question concerning your business that isn’t answered in this article.

Is CARES Act Aid Taxable?

Many taxpayers have wondered whether or not the CARES Act they received is taxable. It is dependent on the program. Here’s a rundown of several of the CARES Act’s programs, along with whether or not they’re taxable.

Paycheck Protection Plan (PPP):

The Paycheck Protection Plan (PPP) is a small business loan program established by the United States government in 2020 as part of the Coronavirus Aid Relief Economic Security Act (CARES Act) to assist small businesses, self-employed workers, sole proprietorships, and other businesses in paying their employees. Owners of small businesses might borrow up to $10 million, or 2.5 times their average monthly payroll. If you followed all of the loan’s terms, the PPP might be considered a grant, and your loan could be forgiven. Your PPP will not be taxable income if this happens. If your loan is not forgiven, it will be treated as a regular loan and will not be taxed. This is only for tax purposes at the federal level.

It differs based on whatever state you live in when it comes to state taxes. For example, forgiven PPP loans are taxed in Florida; they are either included in taxable income or are not allowed as an expense deduction.

Economic Injury Disaster Loans (EIDL):

Another option under the CARES Act is the Economic Injury Disaster Loans (EIDL), which is an enlargement of a long-running BA loan program that assists persons who are financially impacted by the coronavirus. During the spring and summer of 2020, small businesses could apply for a loan of up to $2 million utilizing an EIDL. If a business owner did not want to pay back the loan, they could take out an EIDL advance, which was a cash advance of up to $10,000 that did not require repayment.

The EIDL is included in income and therefore is not taxable, however, if you paid business expenses using EIDL advance those might be deductible.

Employee Retention Credit (ERC):

The Employment Retention Credit (ERC) is a payroll tax credit for business owners to help keep employees on the job. It is not a loan or a grant. This tax credit is claimed on the tax return of business owners (Form 941), therefore it will not be recorded on their income taxes. The following are the downsides of this credit: it can limit the amount you can deduct on your federal income tax return. Qualified wages are likewise not allowed to be counted as income under the ERC.

Payroll Tax Postponement (PTP):

Another program that allowed firms to defer some payments of railroad retirement taxes and Social Security is the Payroll Tax Postponement (PTP). Like the ERC, these delayed payroll taxes were claimed on the employment tax return rather than the income tax form.

What to Do Next?

The U.S. government is constantly changing these programs, and it is your obligation to keep up with all of the changes. It’s difficult to grow your business while still staying on top of all the tax benefits and credits as a small business owner. Make an appointment with a tax specialist who can help you figure out your taxes and the best CARES Act program for you.

Difference between US Citizens and Green Card Holders

Green Card Holders

What is the Difference between US Citizens and Green Card Holders When it Comes to Taxes?

When it comes to filing federal taxes, there is pretty much no difference in tax compliance. Even though you may be classified differently for immigration law purposes, Green Card Holders are considered US tax residents – just like US citizens. So the rule of US citizens being taxed on their global income applies to Green Card Holders. But you shouldn’t worry about unequal tax differences because you may be able to take advantage of tax breaks such as the Foreign Earned Income Exclusion and the Foreign Tax Credits.

The tricky aspect of being a Green Card Holder is when it comes to tax treaty positions. Green Card Holders can use tax treaty positions to lower their overall tax burden, however, only a lawyer would be able to fully analyze a tax treaty position for you.

Does a Green Card Holder Need to Pay Tax to the US and Their Home Country?

Maybe. As previously stated, a Green Card Holder must report income earned from anywhere in the world to the IRS. However, there are many countries that have a tax treaty with the U.S. that will allow the Green Card Holder to offset their taxable income. This generally means that you still have to file two tax returns (US return and foreign home country return). For example, if Jacob is living and working in Toronto, Canada but is a Green Card Holder, he must file both a U.S. Form 1040 and Canadian Form T1. Assuming he can pass the Physical Presence Test, he may be eligible for the Foreign Earned Income Exclusion and may be able to shield all of his income from U.S. taxes. Even though he will only have to pay taxes to Canada and none to the U.S., he must still file returns with both countries.

What about FBAR (FinCEN 114) for a Green Card Holder?

Since Green Card Holders are considered U.S. tax residents (even though they may be classified differently for immigration purposes) they are required to file the FBAR if applicable, as well as FATCA reporting.