Ohio’s Municipal Withholding Dilemma – Take 3
Dec 30, 2021
Hybrid work arrangements significantly impact municipal income tax withholding requirements and raise other municipal tax issues.
With the start of the new year just around the corner, the “pre-pandemic” law for Ohio municipal income tax withholding will soon return.
Applicable to periods beginning on or after 1/1/2022, if an employee works a hybrid schedule by spending some days working at home and other days working at the office, employers will once again be required to withhold municipal tax based on where the employee’s work is actually performed. For many employers, this may trigger withholding for employees’ home municipalities that the employer may never have been required to do before. Additionally troubling is the requirement for businesses to allocate such wages, and potentially apportion some gross receipts (sales) as well, to these home municipalities for purposes of the net profits (income) tax, subjecting the company to income tax reporting in each of their employees’ home municipalities.
As we recommended in our July blog, to ease the complexities of tracking actual work locations for Ohio municipal withholding requirements in 2022, employers could consider having employees sign formalized, hybrid work agreements. Such agreements provide consistency, structure, and ease of record keeping. In exchange for permitting hybrid work schedules, employers might consider requiring employees to report true-up differences between actual and forecasted work on their personal municipal income tax returns and to provide proof of payment (in case the employer is audited). Noting that the hybrid work agreement will be helpful but cannot cover all municipal activity, employers could also aim to develop ways within their internal system to most easily track multi-location work performed by employees throughout the year. Employers could consider contacting municipalities to gain pre-approval of estimated or hybrid withholding approaches or enter into withholding agreement(s) with the municipalities. Consultation with legal counsel related to any employment arrangements should also be considered due to the complexity of labor laws.
If we can assist you regarding your specific facts and circumstances and in making decisions about municipal income tax compliance or if you have any questions, please contact your William Vaughan Company advisor.
Categories: Tax Compliance
The Affordable Care Act Survives Yet Another Supreme Court Challenge
Jun 22, 2021
Last week, the U.S. Supreme Court ruled once again on the constitutionality of the Affordable Care Act (ACA) rejecting arguments that the ACA was unconstitutional under Congress’ taxing power. Last year, the Supreme Court heard testimony in California v. Texas which focused on whether the ACA’s individual mandate to maintain health insurance was beyond Congress’s powers given that it no longer raises tax revenues and, if so, whether other parts of the law would need to be struck down along with the mandate. This case marked the third time the court had heard a significant challenge to the law.
Justice Stephen Breyer delivered the 7-2 opinion which stated the individuals that brought the lawsuit challenging the ACA’s individual mandate did not have the standing to challenge the law: “ we conclude the plaintiffs in this suit failed to show a concrete, particularized injury fairly traceable to the defendants’ conduct in enforcing the specific statutory provision they attack as unconstitutional,” wrote Breyer.
What does this mean?
The Supreme Court upheld the ACA, including its many tax provisions.
Protective claims
If you filed a protective claim in hopes the Supreme Court would rule the ACA, and its many tax provisions, retroactively unconstitutional, these protective claims are no longer valid. Protective claims are filed to preserve the taxpayer’s right to claim a refund when that right is contingent on future events and may not be determinable until after the statute of limitations expires.
If you have questions regarding your individual circumstance, please contact your William Vaughan Company representative or call our office at the number below.
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Categories: Tax Compliance
Ohio’s Municipal Payroll Withholding Dilemma
Mar 29, 2021
The concept of remote working was quickly embraced last year as we witnessed states all across the nation implement lockdown orders as a result of the COVID-19 pandemic. Even here in Ohio, Governor DeWine instituted stay-at-home orders resulting in thousands of Ohio workers clocking in their 40-hour workweek from their home office. What was thought to be a several-month solution has now turned into over a year or more of remote working. The end result – a municipal income tax withholding dispute between the state, cities, and taxpayers.
Why the dispute?
During the government-imposed lockdown, Ohio lawmakers adopted a temporary law change allowing employers to keep withholding to the office location until 30 days after the Governor’s State of Emergency order ended. This was intended to relieve the burden on the employer of tracking withholdings for their employees throughout various cities and villages from which they were working remotely. Now, over a year later, some Ohio cities are interpreting the temporary law to mean municipalities can permanently retain those withholding dollars from workers who neither live nor work in their city.
What does this mean?
Several Ohio taxpayers have brought this debate to Ohio courts to determine the constitutionality of the temporary COVID-19 municipal income tax law. The court case was filed in July 2020 and is still in its early stages. (The Buckeye Institute v. City of Columbus Auditor, 20 CV 004301, Franklin County Common Pleas Court)
What should I do?
If you are an Ohio taxpayer who worked some or all of 2020 remotely, you should connect with your accounting advisor to determine if you should be filing City Non-resident Refund Claims (NRR). NRRs have always been available for individuals who have tax withheld by their employer for days they do not work in the city. Please note, if you are able to receive a refund of the tax withheld for your workplace city/village, you will likely owe that tax, or some portion of it to your residence community if that community has a tax.
Categories: COVID-19, Tax Compliance
IRS Tax Filing Deadline Moved to May 17
Mar 18, 2021
Yesterday, the U.S. Internal Revenue Service (IRS) extended the federal income tax filing due date for individuals for the 2020 tax year to Monday, May 17, 2021. “This continues to be a tough time for many people, and the IRS wants to continue to do everything possible to help taxpayers navigate the unusual circumstances related to the pandemic, while also working on important tax administration responsibilities,” said IRS Commissioner Chuck Rettig.” While the deadline has been extended, there are some items worth noting:
- The delay applies to individuals filing Forms 1040 and 1040-SR.
- The postponement does NOT apply to first-quarter estimated tax payments for 2021. The deadline for such remains April 15. After that date, interest and penalties on unpaid amounts will apply.
- The extension also does NOT include fiduciary (trust) income tax return
- It does NOT change the deadlines for corporate, partnership, or nonprofit tax returns.
- The deadline to file the 2020 tax return remains Oct. 15 for taxpayers who file Form 4868 to request an automatic extension. The deadline to submit this form is now May 17, not April 15.
- Recent law changes allow an exemption of up to $10,200 of unemployment compensation. If you received unemployment compensation last year and already have filed your 2020 tax return, the IRS strongly urges you not to file an amended return from federal tax but the IRS hasn’t announced what steps to take but plans to do so soon. For those who haven’t yet filed their 2020 returns, the IRS released guidance on March 16 that includes a worksheet and instructions to claim the exemption
Some state agencies have followed suit in extending the deadline. We expect more states to push back their tax filing deadlines but recommend each taxpayer check with their state agency for any state tax deadline extensions.
Finally, while the deadline has been extended, we highly recommend taxpayers get their documents to their CPA and file as soon as possible, especially those who are owed refunds. Filing electronically with direct deposit is the quickest way to get refunds, and it can help some taxpayers more quickly receive any remaining stimulus payments they may be entitled to. If you have any questions, please reach out to your William Vaughan Company advisor at 419.891.1040 or check out the IRS news release here.
Categories: Tax Compliance, Tax Planning
IRS Clarifies Cryptocurrency Reporting Rules
Mar 08, 2021
The growing popularity of cryptocurrency has resulted in the IRS including a new question on the 1040 Form which asks: “At any time in 2020, did you receive, sell, send, exchange, or otherwise acquire any financial interest in any virtual currency?” This left many confused as to whether purchasing cryptocurrency via the US dollar would require them to check ‘yes’. For some taxpayers there was also the concern over being taxed on their crypto assets if they checked ‘yes’ or on the flip side, being penalized for falsified reporting if they marked ‘no’.
Earlier this week, the US Internal Revenue Service issued updates to its Frequently Asked Questions (FAQs) page providing clarity around cryptocurrency indicating that buying and holding of such virtual currency, if purchased with real government-issued money, does NOT need to be reported on a 1040 Form.
It should be noted, this new ruling only applies to cryptocurrency purchased with Fiat money (or fiat currency) which is a currency a government has declared to be legal tender. If you purchase cryptocurrency using other virtual currency, you are required to check ‘yes’ which may trigger a taxable event.
Should you have questions regarding your cryptocurrency tax liability, please connect with one of William Vaughan Company’s tax advisors today.
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wvco.com | 419.891.1040
Categories: Tax Compliance