IRS issues guidance regarding the retroactive termination of the Employee Retention Credit

The Internal Revenue Service today issued guidance for employers regarding the retroactive termination of the Employee Retention Credit. The Infrastructure Investment and Jobs Act, which was enacted on Nov. 15, 2021, amended the law so that the Employee Retention Credit  applies only to wages paid before October 1, 2021, unless the employer is a recovery startup business.

Notice 2021-65 applies to employers that paid wages after September 30, 2021, and received an advance payment of the Employee Retention Credit for those wages or reduced employment tax deposits in anticipation of the credit for the fourth quarter of 2021, but are now ineligible for the credit due to the change in the law. The notice also provides guidance regarding how the rules apply to recovery startup businesses during the fourth quarter of 2021.

Employers who Received Advance Payments

Generally, employers that are not recovery startup businesses and received advance payments for fourth quarter wages of 2021 will avoid failure to pay penalties if they repay those amounts by the due date of their applicable employment tax returns.

Employers who Reduced Employment Tax Deposits Employers that reduced deposits on or before Dec. 20, 2021, for wages paid during the fourth calendar quarter of 2021 in anticipation of the Employee Retention Credit and that are not recovery startup businesses will not be subject to a failure to deposit penalty with respect to the retained deposits if—

  1. The employer reduced deposits in anticipation of the Employee Retention Credit, consistent with the rules in Notice 2021-24,
  2. The employer deposits the amounts initially retained in anticipation of the Employee Retention Credit on or before the relevant due date for wages paid on December 31, 2021 (regardless of whether the employer actually pays wages on that date). Deposit due dates will vary based on the deposit schedule of the employer, and
  3. The employer reports the tax liability resulting from the termination of the employer’s Employee Retention Credit on the applicable employment tax return or schedule that includes the period from October 1, 2021, through December 31, 2021. Employers should refer to the instructions to the applicable employment tax return or schedule for additional information on how to report the tax liability.

Due to the termination of the Employee Retention Credit for wages paid in the fourth quarter of 2021 for employers that are not recovery startup businesses, failure to deposit penalties are not waived for these employers if they reduce deposits after Dec. 20, 2021.

If an employer does not qualify for relief under this Notice, it may reply to a notice about a penalty with an explanation and the IRS will consider reasonable cause relief.

Courtesy of the Internal Revenue Service

Need tax assistance? Call us at 816-524-4949 or visit our website to schedule a consultation.

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No Service, No Default

Sheriff’s return of service constituted prima facie evidence of service on the person named on the form, but the form did not correctly describe that person, so the prima facie evidence did not show service. Affidavits contesting whether the person named was in charge of a corporation’s business office did not result in an amendment to the return of service. The return remained deficient, so no service occurred and no personal jurisdiction attached, and the ensuing million-dollar default judgment was void.

Samuel Marti, Appellant, v. Concrete Coring Company of North America, Respondent. Missouri Court of Appeals, Eastern District – ED109282

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Boy Scouts Insurer Chubb to Pay $800 Million in Sex-Abuse Compensation Deal

The Boy Scouts of America, which filed bankruptcy last year over a growing wave of lawsuits from abuse survivors, has apologized. The Boy Scouts reached an $800 million settlement with Chubb Ltd.’s Century Indemnity Co. over childhood sexual abuse within the youth group. This settlement will potentially boost the funds available for abuse victims under its chapter 11 plan and preserve the organization’s mission. The proposed deal caps Chubb’s exposure under the insurance policies it sold the Boy Scouts and is supported by a coalition of law firms representing the bulk of the roughly 82,200 men who filed claims in the organization’s bankruptcy over past abuse.

If approved in bankruptcy court, the settlement would add to the nearly $1.9 billion in compensation already put together from the Boy Scouts’ own assets, affiliated local councils, the Church of Jesus Christ of Latter-Day Saints, and Hartford Financial Services Group, Inc, another insurer. The youth group is under intense pressure to win the backing of abuse survivors for its bankruptcy plan, which would lift the Boy Scouts out of court protection and resolve its financial liability related to decades of failures to protect children from predators.

Considering bankruptcy? Call us at 816-524-4949 or visit our website to schedule a consultation.

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Annual Inflation Rises to 6.8 Percent, the Highest Rate Since 1982

Consumer prices surged 6.8% in the year leading into November and 0.8% last month alone as a roaring economy overwhelmed struggling supply chains fueling inflation. The consumer price index (CPI), a closely watched gauge of inflation, rose sharply in November. Economists expected the CPI to rise 0.7% in November and 6.7% annually as inflation rose to the highest rate in 30 years in October. Prices for gasoline, shelter, food and vehicles have driven much of the current inflation rate. Whereas, earlier this year, inflation was driven almost entirely by vehicles, electronics, and other goods affected by a global computer chip shortage but has now spread through many sectors.

Struggling financially? Call us at 816-524-4949 or visit our website to schedule a consultation.

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Indiana Bankruptcy Petition Preparer Sentenced in Federal Court

Ronya Phillips of Goshen, Indiana, was sentenced to serve 18 months home detention upon her plea of guilty to two counts of suborning perjury. Phillips was formerly a bankruptcy petition preparer in which she prepared bankruptcy petitions and other documents for debtors who filed cases in the U.S. Bankruptcy Court for the Northern District of Indiana.

As part of her guilty plea, Phillips admitted that she willfully suborned and procured individuals to commit perjury by submitting materially false declarations in federal bankruptcy proceedings. Certain debtors and clients of Phillips reported that she had induced them to falsely state on their bankruptcy documents that they had paid her half the amount they had actually paid her for her services. She also persuaded her clients to testify falsely under oath as to how much they had paid her when questioned by the bankruptcy trustee. Phillips herself also submitted false sworn statements in disclosure that only disclosed half of the money she had actually received from clients.

Considering bankruptcy? Call us at 816-524-4949 or visit our website to schedule a consultation to determine your best option.

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Puerto Rico Mayor, Official Charged in U.S. Corruption Case

Ángel Pérez Otero, the mayor of Guaynabo, one of the wealthiest cities in Puerto Rico, was arrested on corruption charges. He faces three counts, including bribery and extortion, and is accused of regularly accepting payments of $5,000 in exchange for awarding contracts to the owner of a construction company. The indictment alleges that the scheme ran from 2019 t0 2021. He was sworn in as mayor in 2017 following a special election after the former mayor, Héctor O’Neill, pleaded guilty to sexual harassment, gender violence and violating an ethics law. . Puerto Rico Gov. Pedro Pierluisi said in a statement that he was disappointed and extremely upset about the arrest. He demanded that Pérez resign immediately as mayor and as president of Puerto Rico’s Federation of Mayors.

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Malls Ditch Shopping to Fill Large Number of Vacant Retail Stores

Battered mall owners need to fill more than 90 million square feet, about the size of 16 Mall of Americas, heading into 2022. With dozens of retail chains already cutting back or shutting down, it won’t get any better if the newest pandemic wave scares off shoppers. So landlords are wooing businesses that have little or nothing to do with shopping. Casinos, amusement parks, medical facilities, storage units, hotels, schools, offices and residences are fair game, as even healthy shopping centers are forced to rethink their game plans for next year and beyond. “In 2030, you’re going to see most malls are going to be not considered a mall anymore,” said Greg Maloney, chief executive for Americas retail at real estate services firm JLL. “They’re going to be considered a mixed-use asset.”

They might wind up looking like Mall of America, the biggest one in the U.S. whose layout includes Nickelodeon Universe and an aquarium, or like Chattanooga, Tenn.-based CBL Properties. Last August, this owner of about 100 less-prestigious malls and shopping centers added the 80,000-square-foot Hollywood Casino on an old Sears site at its York Galleria in Pennsylvania. It brought in industry giant Penn National Gaming Inc. with 500 high-tech slots, two dozen table games and a Barstool Sportsbook.

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CEO of Private Jet Charter Company Convicted of Bankruptcy Fraud

A federal judge convicted a Reston businessman yesterday on a series of fraud charges relating to a bankruptcy case in which he discharged over $6 million in personal debt, according to a DOJ press release. According to court records and evidence presented at trial, on July 13, 2017, the President and CEO of Metropolitan Aviation, Alan Russell Cook, Sr, filed for chapter 7 bankruptcy in his individual capacity. In anticipation of the filing, Cook transferred over $350,000 to his former girlfriend. He directed her to open accounts in her name and in the name of a fake company, Metro Aire, to receive his personal property and revenue from Metropolitan Aviation.

In connection with his bankruptcy case, Cook failed to disclose several bank accounts and over $50,000 in casino cash-outs. In addition, at the meeting of his creditors, Cook made several false statements under oath, including that his company was shut down for four to five months and generated no money in 2017. In actuality, Metropolitan Aviation generated revenue every month of 2017, totaling more than $1 million. Cook further failed to disclose making payments for his girlfriend’s luxury vehicle and his access to the fraudulent entity’s bank account, including writing checks for personal expenses, withdrawing cash, and paying for hotel stays. Cook faces a maximum of 20 years in prison when he is sentenced on April 22, 2022.

Considering bankruptcy? Call us at 816-524-4949 or visit our website to schedule a consultation to determine your best option.

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Tax benefits of making a business accessible to workers and customers with disabilities

Businesses that make structural adaptations or other accommodations for employees or customers with disabilities may be eligible for tax credits and deductions.

Here’s an overview of the tax incentives designed to encourage employers to hire qualified people with disabilities and to off-set some of the costs of providing accommodations.

Disabled access credit 
The disabled access credit is a non-refundable credit for small businesses that have expenses for providing access to persons with disabilities. An eligible small business is one that earned $1 million or less or had no more than 30 full-time employees in the previous year. The business can claim the credit each year they incur access expenditures.

Barrier removal tax deduction 
The architectural barrier removal tax deduction encourages businesses of any size to remove architectural and transportation barriers to the mobility of people with disabilities and the elderly. Businesses may claim a deduction of up to $15,000 a year for qualified expenses on items that normally must be capitalized.

Businesses claim this deduction by listing it as a separate expense on their income tax return. Also, businesses may use the disabled tax credit and the architectural/transportation tax deduction together in the same tax year if the expenses meet the requirements of both sections. To use both, the deduction is equal to the difference between the total expenses and the amount of the credit claimed.

Work opportunity tax credit
The work opportunity tax credit is available to employers for hiring individuals from certain target groups who have consistently faced significant barriers to employment. This includes people with disabilities and veterans.  The maximum amount of  tax credit for employees who worked 400 or more hours of service is:

  • $2,400 or 40% of up to $6,000 of first year wages, for qualifying individuals.
  • $9,600 or 40% of up to $24,000 of first year wages for certain qualified veterans.
Courtesy of the Internal Revenue Service

A 25% rate applies to wages for individuals who work at least 120 hours but less than 400 hours for the employer.


More information:
Form 8826, Disabled Access Credit
Form 5884, Work Opportunity Credit
Form 3800, General Business Credit
Instructions for Form 3800, General Business Credit

Need tax assistance? Call us at 816-524-4949 or visit our website to schedule a consultation.

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Self-Described Bitcoin Creator Must Pay $100 Million in Suit

The Australian computer scientist who claims he invented Bitcoin was told by a U.S. jury to pay $100 million in damages over claims that he cheated a deceased friend over intellectual property for the cryptocurrency, Bloomberg News reported. Jurors in Miami federal court took about a week to reach a verdict, following about three weeks of trial. The jury rejected most claims against Craig Wright and the outcome probably won’t resolve the debate over whether Wright is the mythical creator of the peer-to-peer currency, Satoshi Nakamoto. The brother of Dave Kleiman, a computer security expert who died in 2013, alleged that the late Florida man worked with Wright to create and mine Bitcoin in its early years. As a result, the plaintiffs claimed the estate was entitled to half of a cache of as many as 1.1 million Bitcoins worth some $70 billion, which are thought to be held by Satoshi. Some cryptocurrency investors see Wright as a fake, and yearslong litigation in Florida has done little to quiet the skeptics. Wright has declared many times in court that he invented Bitcoin, as he has previously in news interviews. Had the jury’s verdict gone against Wright, that would have forced to him to produce the Satoshi fortune. To some observers, that would have been the true test. Wright said after the verdict, “I have never been so relieved in my life.” He said he won’t appeal. 

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