We are pleased to announce that Shafiq Ahmadzai will be joining the Bowman team effective Tuesday September 3rd, 2024, as a Sr. Accountant in the Audit Department. 

Shafiq brings over 4-years of experience in audit accounting leading audit procedures to ensure compliance with AICPA, PCAOB and GAGAS standards, conducting financial statement audits and producing detailed audit reports with actionable recommendations for compliance. 

Prior to joining Bowman, Shafiq was working with Next Plus LLC as Accounting Compliance Officer.  In addition to being a CFE (certified fraud examiner), Shafiq holds a Bachelor of Science in Accounting and a Master of Accounting from the University of the Pacific.

Please give Shafiq a warm Bowman welcome!!!

Shafiq, welcome to the team. We wish you great success in your new role.

We are pleased to announce that Aja Secheslingloff will be joining the Bowman team effective Tuesday September 3rd, 2024, as a Sr. Accountant in the Audit Department. 

Aja brings over 4-years of experience in audit and tax accounting where she gained experience inspecting 401k’s, 403b’s, completing financial statements, preparing taxes and reviewing financial statements.  Prior to joining Bowman, Aja was working with MUN CPA’s focusing on audit accounting.

Aja has a Bachelor of science degree from Southern New Hampshire University and has also been recognized with the Commissioners Honor Roll for student athletes during her time studying at Eastern New Mexico University. 

Please give Aja a warm Bowman welcome!!!

Aja, welcome to the team. We wish you great success in your new role.

The Form 706, also known as the United States Estate (and Generation-Skipping Transfer) Tax Return, is a critical document in estate planning and tax management. One of its significant features is the portability election, which allows a surviving spouse to utilize their deceased spouse’s unused estate tax exclusion amount. This article delves into the intricacies of the 706 portability election, including its purpose, qualifications, special filing rules, complications, and the importance of making an informed decision.

Form 706 is used to report the value of a decedent’s estate and calculate the federal estate tax due. It is also used to compute the generation-skipping transfer (GST) tax. The form must be filed if the gross estate, plus adjusted taxable gifts and specific exemptions, exceeds the lifetime estate tax exclusion amount. For deaths in 2024, this exclusion amount is $13.610 million. The top tax rate is 40%. Form 706 is generally due no later than nine months from the decedent’s date of death, with a 6-month extension of time available, if applied for.

Purpose of the Portability Election: The portability election allows a surviving spouse to apply the deceased spouse’s unused exclusion (DSUE) amount to their own transfers during life (i.e., gifts in excess of the annual gift tax exclusion amount to other individuals) or at death. This provision, introduced by the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, aims to simplify estate planning for married couples and ensure that the estate tax exclusion is fully utilized.

Qualifications for Filing a Portability Election: To qualify for the portability election, the following conditions must be met:

  • Decedent’s Date of Death: The decedent must have died after December 31, 2010.
  • Surviving Spouse: The decedent must have a surviving spouse.
  • Citizenship or Residency: The decedent must have been a U.S. citizen or resident at the time of death.
  • Estate Tax Return Requirement: The estate must not be required to file an estate tax return based on the value of the gross estate and adjusted taxable gifts, without regard to the need to file for portability purposes.

Special Portability Filing Rules: Special filing rules, referred to as the “simplified method” provide a means for obtaining an extension of time to file Form 706 beyond the normal filing deadline only to make a portability election. Under the current version of this simplified procedure, a complete and properly prepared Form 706 must be filed on or before the fifth anniversary of the decedent’s death. Before this special rule became effective, when no 706 had been filed and the filing deadline had passed, a request had to be submitted to the IRS for a private letter ruling granting additional time to file the 706 so that the portability election could be made. The IRS charged a significant fee to process the request. Under the simplified method, no user fee is required.

Complications Associated with Preparing Form 706 – Preparing Form 706 can be complex and time-consuming. Some of the complications include:

  • Valuation of Assets: Accurately valuing the decedent’s assets, including real estate, investments, and personal property, can be challenging.
  • Deductions and Credits: Identifying and calculating allowable deductions and credits, such as charitable contributions and marital deductions, require meticulous attention to detail.
  • Documentation: Gathering and organizing the necessary documentation to support the reported values and deductions can be arduous.

Because of its complexity the cost of preparing a Form 706 can be substantial and often becomes a factor in whether to make the portability election.

Who Should Make a Portability Election? The portability election is particularly beneficial for surviving spouses who anticipate that their own estate may exceed the lifetime exclusion amount. By electing portability, the surviving spouse can substantially increase their exclusion amount, potentially saving thousands, if not millions, of dollars in estate taxes.

Even if the surviving spouse’s estate is currently below the exclusion threshold, it is prudent to consider the portability election. Future changes in wealth, such as winning the lottery, receiving a sizable inheritance, or accumulating additional assets, could push the estate above the exclusion limit. Additionally, under current law the exclusion amount is set to be approximately halved after 2025. Whether the more generous amount will be extended is up to Congress.

Example: When Portability Election is Not Made – Consider a scenario where John dies in 2024, leaving an estate valued at $10 million. His wife, Jane, who is the executor of his estate, decides not to file Form 706 to elect portability, reasoning that her estate is well below the $13.610 million exclusion amount. However, a few years later, Jane inherits $5 million from a relative and her investments appreciate significantly, pushing her estate value to $15 million.

Without the portability election, and if the exclusion amount in her year of death was also $13.610 million, Jane’s estate would only have the $13.610 million exclusion, resulting in a taxable estate of $1.39 million. At a 40% tax rate, her estate would owe $556,000 in estate taxes. Had she elected portability, she could have utilized John’s unused exclusion, potentially saving her estate from any tax liability. Her heirs will wish that she’d made the election.

Importance of a Signing a Refusal Letter – If the decision is made not to file for the portability election, the tax preparer may request a signed refusal letter from the executor and surviving spouse. This letter serves as documentation that the tax preparer informed the client of the potential benefits and risks associated with the portability election. It also protects the tax preparer from potential liability if the surviving spouse’s estate later incurs estate taxes that could have been avoided with the portability election.

This firm’s goal is to help you navigate the complexities of the tax code and maximize your tax benefits. If you have any questions or need assistance with your tax return, please do not hesitate to contact this office.  

Taxpayers are limited in the annual amount they can contribute to a Roth IRA. The maximum contribution for 2024 is $7,000 ($8,000 if age 50 or older), but the allowable 2024 contribution for joint-filing taxpayers phases out at an adjusted gross income (AGI) between $230,000 and $240,000 (or an AGI between $0 and $9,999 for married taxpayers filing separately). For unmarried taxpayers, the phase-out is between $146,000 and $161,000. The contribution limits and phase-out limitations are inflation adjusted annually.

However, higher-income taxpayers can circumvent the phase-out income limitations by first making a traditional IRA contribution and then converting it to a Roth IRA, which is commonly referred to as a “back-door Roth IRA.” But, without advance planning, serious pitfalls associated with this maneuver can result in unexpected taxable income.

Converting a traditional Individual Retirement Account (IRA) to a Roth IRA is a financial strategy that many Americans – even those not in the higher tax brackets – consider for its potential long-term tax benefits. However, this decision is not without its complexities and should be approached with a thorough understanding of its implications, benefits, and drawbacks. This article will delve into the process of converting a traditional IRA to a Roth IRA, examining taxability, benefits, pros and cons, age considerations, and other tax-related issues.

Understanding Traditional and Roth IRAs -Before diving into the conversion process, it’s essential to understand the fundamental differences between traditional and Roth IRAs. A traditional IRA allows individuals to make pre-tax contributions, reducing their taxable income for the year the contribution is made. The funds in the account grow tax-deferred, but withdrawals are taxed as ordinary income.

Conversely, Roth IRA contributions are made with after-tax dollars, meaning there’s no tax deduction for contributions. However, the significant advantage of a Roth IRA is that the earnings grow tax-free, and qualified withdrawals are also tax-free. This feature makes Roth IRAs an attractive option for those who anticipate being in a higher tax bracket during retirement and those creating Roth accounts when they are younger.

The Conversion Process – Converting a traditional IRA to a Roth IRA involves transferring some or all the funds from a traditional IRA into a Roth IRA. When you convert, you must pay income taxes on the amount converted as if it were income for the year. This taxability is a critical consideration, as it can result in a substantial tax bill, depending on the amount converted and your current tax bracket.

Benefits of Converting

Tax-Free Withdrawals: The most significant benefit of a Roth IRA is the ability to withdraw your money tax-free in retirement, or earlier in some cases, providing a hedge against future tax rate increases.

No Required Minimum Distributions (RMDs): Roth IRAs do not require the owner to take minimum distributions starting at age 73, unlike traditional IRAs, allowing for more flexible retirement planning.

Estate Planning Advantages: Roth IRAs can be passed on to heirs, who can also benefit from tax-free withdrawals, making it an effective tool for estate planning. Inherited Roth IRA accounts are subject to the same RMD requirements as inherited traditional IRA accounts, but generally the distributions will be tax free.

Pros and Cons of Converting

Pros:

  • Potential for tax-free growth and withdrawals.
  • No RMDs while the owner is alive, offering more control over your retirement funds.
  • Can provide tax diversification in retirement.

Cons:

  • Upfront tax bill on the converted amount.
  • Conversion could push you into a higher tax bracket for the year.
  • If you are a Medicare beneficiary, the conversion could cause an increase in your Medicare premiums two years later, as the premiums are based on income from the tax return two years prior. 
  • Increased adjusted gross income for the year can trigger limitations on other tax benefits that are reduced or eliminated for higher income taxpayers.  
  • No reversal – once converted to a Roth IRA, you cannot recharacterize back to a traditional IRA.

Age Considerations – Age plays a significant role in deciding whether to convert a traditional IRA to a Roth IRA. Younger individuals who expect their income (and consequently their tax bracket) to increase over time may benefit more from conversion, as the tax-free withdrawals from a Roth IRA could outweigh the initial tax hit. For older individuals closer to retirement, the decision becomes more nuanced. They must consider whether they have enough time for the benefits of tax-free growth to offset the conversion tax bill.

Other Tax-Related Issues

Non-Deductible Traditional IRAs: Contributions to traditional IRAs can be either pre-tax (tax deductible) or post-tax (not tax deductible). Deductible contributions and earnings are taxable when converted whereas nondeductible contributions are not taxable when converted. When IRA funds are converted, they are considered withdrawn ratably from the taxable and nontaxable portions of the IRA. In addition, all traditional IRAs of a taxpayer are considered one, meaning an IRA with the most nondeductible contributions can’t be singled out for conversion. Thus, a careful analysis is required in advance to establish the taxable percentage when determining how much to convert.  

Conversion Income: The amount converted is added to your taxable income for the year, potentially increasing your tax liability or even pushing you into a higher tax bracket. When considering whether to convert to a Roth IRA, the impact on various tax benefits due to increasing AGI by the taxable conversion amount must be carefully considered.  For instance, a conversion may cause the taxpayer to lose part of or all certain tax benefits for the conversion year, like: 

  • American Opportunity Tax Credit
  • Lifetime Learning Tax Credits
  • Earned Income Tax Credit (EIC)
  • Child Tax Credit
  • Saver’s Credit
  • Adoption Credit
  • Higher Education Interest Deduction
  • Medicare B & D Premiums – 2 Years Later
  • Medical Itemized Deductions
  • Miscellaneous Itemized Deductions (in years after 2025)
  • Nontaxable Social Security
  • Favorable Tax Brackets
  • Capital Gains Rates
  • Loss Allowance for Rental Real Estate

Net Investment Income Surtax: Higher-income taxpayers face a potential additional tax related to the Affordable Care Act (health care) provisions: the 3.8% net investment income surtax applies when modified AGI exceeds certain thresholds. A higher AGI due to a Roth conversion could push the taxpayer over the threshold. Also, the additional income from a conversion could negatively impact taxpayers who might otherwise be eligible for credits for health care insurance premiums.

Paying the Tax on a ConversionWhere does the money come from to pay this tax liability on a conversion to a Roth?  The taxpayer can pay the liability from other funds or from IRA funds.  However, if the tax is paid from IRA funds, those funds are not part of the rollover (conversion) and therefore are not only taxable, but also subject to 10% early withdrawal penalties if the taxpayer is under 59½ at the time of the withdrawal.  

Tax Strategy: Strategic tax planning, such as spreading the conversion over several years or timing it during years of lower income, can mitigate the tax impact.

Converting a traditional IRA to a Roth IRA can offer significant benefits, particularly for those who anticipate higher tax rates in retirement or who value the flexibility. However, the decision to convert should not be taken lightly. It requires a careful analysis of your current financial situation, tax implications, and long-term retirement goals. Consulting with this office is highly recommended to navigate the complexities of this decision and to tailor a strategy that best suits your individual needs.

Effective July 1, 2024, California Senate Bill 553 (SB 553) mandates that nearly all California employers implement a Workplace Violence Prevention Plan (WVPP). This requirement is a critical update for businesses, especially from an HR perspective, as it aims to enhance employee safety and reduce incidents of workplace violence.

Who is Affected?

Most employers in California must comply with this new law, with only a few exceptions, including:

  • Correctional facilities
  • Law enforcement agencies
  • Teleworkers
  • Small businesses with fewer than 10 employees that are not accessible to the public

What Employers Need to Do

Employers subject to SB 553 must develop, establish, and maintain a comprehensive WVPP. The plan needs to be more than just a formality; it requires active implementation and continuous oversight. Key elements include:

  1. Develop and Maintain the WVPP: Employers must create a written plan that outlines procedures for preventing workplace violence. This plan must be reviewed and updated regularly to remain effective.
  2. Employee Training: Employers are required to train their employees on the WVPP when it’s first established and then conduct annual refresher trainings. This ensures that all employees are aware of how to recognize, avoid, and respond to potential violence.
  3. Violent Incident Log: Employers must maintain a log that records every instance of workplace violence. This log is critical for tracking trends and identifying areas of concern that need to be addressed.
  4. Incident Investigations: Employers must thoroughly investigate any incidents of workplace violence, as well as reports of potential violence. The results of these investigations must be communicated to the employee who raised the concern.
  5. Record Maintenance: Employers are required to keep training records for at least one year and maintain incident logs and other hazard identification records for at least five years. These records must be made available to both employees and Cal/OSHA upon request.

Addressing Different Types of Violence

The WVPP must cover four distinct types of violence in the workplace, ensuring comprehensive protection for employees. This proactive approach helps businesses mitigate risks and foster a safer work environment.

Why This Matters

The enactment of SB 553 highlights California’s commitment to workplace safety. Employers who fail to comply may face penalties, but more importantly, the law underscores the moral responsibility to safeguard employees from harm. By implementing a robust WVPP, businesses can not only comply with the law but also create a culture of safety that protects both employees and the organization as a whole.

If you are an employer in California, now is the time to review your workplace policies and ensure your WVPP is in place and up to date. For more detailed information on SB 553 and how it affects your business, you can refer to the full article here.

As you may recall, beginning with 2024, many companies are required to file Beneficial Ownership Information (BOI) reports with the Financial Crimes Enforcement Network (FinCEN).  FinCEN is a division of the U.S. Department of the Treasury.  This legislation was enacted in 2021 under the Federal Corporate Transparency Act. 

While the intention is to help reduce financial crimes such as money laundering and tax evasion, this new filing is a burdensome requirement imposed on mostly small business.  Essentially, every business that is registered with the Secretary of State will need to make a filing unless it meets an exception (such as having 20 or more employees and $5 million in revenues for the prior year). The limited list of exceptions can be found on the FinCEN website.  We wanted to stress the importance of making sure you take care of any reporting requirements as outlined on the FinCEN website as the penalties are steep if you do not comply. 

The willful failure to report complete or updated beneficial ownership information to FinCEN, or the willful provision of or attempt to provide false or fraudulent beneficial ownership information, may result in a civil penalty of up to $591 for each day that the violation continues and/or criminal

penalties, including imprisonment, for up to two years and/or a fine of up to $10,000. Senior officers of an entity that fails to file a required BOI Report may be held accountable for that failure.

Below is a summary of the provisions of the BOI rules.  It is not intended to be relied upon for your filing and does not represent legal advice.  We recommend that you contact your attorney regarding your filing requirements and visit the websites cited below for additional information.  Please be sure to thoroughly research your situation and obtain legal counsel.

  • Key filing deadlines:
    • Entities formed before January 1, 2024, will have until January 1, 2025, to file their initial report. 
    • Entities formed during 2024 have 90 days to file their initial report after receiving actual or public notice that the company’s creation or registration is effective, whichever is earlier.
    • Entities formed after December 31, 2024, will only have 30 days to file their initial report.
  • The report is a one-time filing, but the filing needs to be updated within 90 days, or 30 days after 2024, for things like an address change, registering a new business name, change in ownership, change or addition of a beneficial owner, when a new driver’s license is obtained with a changed address, etc. 
  • A beneficial owner is anyone who exercises substantial control over the entity, such as corporate officers like the CEO or CFO, important decision makers, or individuals who own at least 25% of the entity. There is no penalty for over-reporting of beneficial owners.

Note that a “beneficial owner” does not need to be an owner at all, but just a senior employee in a management capacity.

In addition to the company information, beneficial owners are required to provide their personal home address and personal identification as part of the BOI submission.  Your personal ID for this purpose is a copy of your passport or driver’s license.  These documents are required to be uploaded to FinCEN for all persons who are required to submit for BOI purposes.  In lieu of submitting your personal ID for each company you are associated with, many experts are recommending that people obtain a FinCEN Identifier.  An individual who obtains a FinCEN Identifier can supply that number to the company in lieu of providing his personal identification, but then it becomes the obligation of the individual to update FinCEN if his identification changes.

We know this is burdensome to a business and the beneficial owners to keep up on and it will take vigilance to keep the reporting current.

Bowman & Company, LLP will not be filing these reports on behalf of our clients due to the strict requirements on information reporting.  We are advising you of the importance of the matter and urge your prompt attention to it.

Below is a list of recommended sites for more information on Beneficial Ownership Information filing requirements and how to fill out your application if it is required:

  • FinCEN BOI Website:
https://www.fincen.gov/boi
  • Frequently Asked Questions:
https://www.fincen.gov/boi-faqs#B_1
  • Location to file:
https://boiefiling.fincen.gov
  • Create a FinCEN ID (if desired):
https://fincenid.fincen.gov/landing
  • Small Entity Compliance Guide
https://www.fincen.gov/boi/small-entity-compliance-guide

If your organization is subject to this reporting, we encourage you to act promptly to avoid potential penalties. Should you have any questions or need further clarification, please reach out to your legal advisor to determine how the CTA impacts your specific situation.

We hope this reminder assists you in taking the necessary steps toward compliance.

Sincerely,

Bowman & Company, LLP

Michael Anselmo, CPA, will join Bowman and Company, LLP as a Senior Manager – Tax, starting September 16th, 2024.

Michael is a Certified Public Accountant with over 17- years of experience in public accounting. 

Prior to joining Bowman, Michael was working as a Senior Tax Manager with a local Stockton, Ca Firm, Iacopi and Lenz Accounting.

Michael brings a great deal of experience in the areas of tax preparation and review, estate planning, developing policies and procedures and leadership of others.  In addition to his CPA, Michael also has a Bachelor of Science in Business from the University of Phoenix and is working on a Masters in Taxation from Golden Gate University.

Let’s give Michael a warm Bowman Welcome!!!

Michael, welcome to the team. We wish you great success in your new role.