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PLEASE NOTE: The following pages are designed to provide a general overview of the new health reform law. It does NOT attempt to cover all of the law’s provisions and should NOT be used as legal advice for implementation activities. GCG and SLSF recommend that you consult with your tax or legal advisor regarding how the new requirements will affect your specific plan. In conformity with U.S. Treasury Department Circular 230 tax advice contained in this communication and any attachments is not intended to be used, and cannot be used, for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code, nor may any such tax advice be used to promote, market or recommend to any person any transaction or matter that is the subject of this communication and any attachments. HEALTHCARE TAX CREDIT 2010

Small Business Tax Credit Webinar

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Page 1: Small Business Tax Credit Webinar

PLEASE NOTE: The following pages are designed to provide a general overview of the new health reform law. It does NOT attempt to cover all of the

law’s provisions and should NOT be used as legal advice for implementation activities. GCG and SLSF recommend that you consult with your tax or legal

advisor regarding how the new requirements will affect your specific plan.

In conformity with U.S. Treasury Department Circular 230 tax advice contained in this communication and any attachments is not intended to be used, and

cannot be used, for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code, nor may any such tax advice be used to

promote, market or recommend to any person any transaction or matter that is the subject of this communication and any attachments.

HEALTHCARE TAX CREDIT

2010

Page 2: Small Business Tax Credit Webinar

Marcus Newman, CBCGCG Financial

Bradley Greenberg, CPASLSF

Silver Lerner Schwartz & Fertel

Certified Public Accountants

www.slsf.com

Page 3: Small Business Tax Credit Webinar

Under the Patient Protection and Affordable Care Act small businesses that choose to provide health insurance could be eligible for a tax credit based on their cost of health insurance.

Source: IRS.gov

Page 4: Small Business Tax Credit Webinar

―This credit provides a real boost to eligible small businesses by helping them afford health coverage for their employees,‖ said IRS Commissioner Doug Shulman. ―We urge small businesses and tax-exempt employers to look closely at this important tax break — which is already effective — to see if they qualify.‖

Doug Shulman, IRS Commissioner (pictured above)

Source: IRS.gov

Page 5: Small Business Tax Credit Webinar

Small employers who contribute at least 50% of the cost of premiums (or 50% of a benchmark premium).

It is generally available to employers that have fewer than 25 full-time equivalent (FTE).

Because the eligibility formula is based in part on the number of FTEs, not the number of employees, many businesses will qualify even if they employ more than 25 individual workers.

Eligible business will be paying wages averaging less than $50,000 per employee per year.

Source: IRS.gov

Page 6: Small Business Tax Credit Webinar

The number of an employer’s FTEs is determined by dividing (1) the total hours for which the employer pays wages to employees during the year (but not more than 2,080 hours for any employee) by (2) 2,080.

The result, if not a whole number, is then rounded to the next lowest whole number.

DON’T COUNT: seasonal workers, self –employed individuals, 2% shareholders of s-corporations, 5% owners of a small business, or partners of a partnership and family members of owners.

Source: IRS.gov

Page 7: Small Business Tax Credit Webinar

For the 2010 tax year, an employer pays 5 employees wages for 2,080 hours each, 3 employees wages for 1,040 hours each, and 1 employee wages for 2,300 hours.

The employer’s FTEs would be calculated as follows:(1) Total hours not exceeding 2,080 per employee is the sum of:

◦ a. 10,400 hours for the 5 employees paid for 2,080 hours each (5 x 2,080)

◦ b. 3,120 hours for the 3 employees paid for 1,040 hours each (3 x 1,040)

◦ c. 2,080 hours for the 1 employee paid for 2,300 hours (lesser of 2,300 and 2,080)These add up to 15,600 hours(2) FTEs: 7 (15,600 divided by 2,080 = 7.5, rounded to the next lowest whole number)

Source: IRS.gov

Page 8: Small Business Tax Credit Webinar

Seasonal workers are disregarded in determining FTEs and average annual wages unless the seasonal worker works for the employer on more than 120 days during the tax year.

Source: IRS.gov

Page 9: Small Business Tax Credit Webinar

The amount of average annual wages is determined by first dividing (1) the total wages paid by the employer to employees during the employer’s tax year by (2) the number of the employer’s FTEs for the year. The result is then rounded down to the nearest $1,000 (if not otherwise a multiple of $1,000).

For this purpose, wages means wages as defined for FICA purposes (without regard to the wage base limitation).

DON’T COUNT: seasonal workers, self –employed individuals, 2% shareholders of s-corporations, 5% owners of a small business, or partners of a partnership and family members of owners.

Source: IRS.gov

Page 10: Small Business Tax Credit Webinar

For the 2010 tax year, an employer pays $224,000 in wages and has 10 FTEs. The employer’s average annual wages would be:

$22,000 - ($224,000 divided by 10 = $22,400, rounded down to the nearest $1,000)

Source: IRS.gov

Page 11: Small Business Tax Credit Webinar

The maximum credit goes to smaller employers.

Those with 10 or fewer

FTEs and paying annual

average wages of $25,000 or less will receive the full 35% credit.

**50% credit in 2014 – 2015(Additional qualifications apply)

Source: IRS.gov

35%FTE’s

AAW

Page 12: Small Business Tax Credit Webinar

Dental Insurance

Vision Insurance

Group Long Term Care Plans

Medicare Supplemental Insurance Plans

Source: IRS.gov

Page 13: Small Business Tax Credit Webinar

The premiums taken into account for the purposes of the tax credit are the

lesser of:

%age (min. 50%) of the premiums paid, or %age using the ―benchmark‖ premium for the state

your company is in.

SPECIAL TRANSITION RULE FOR 2010 APPLIES

Source: IRS.gov

Page 14: Small Business Tax Credit Webinar

State Employee Family

Alaska 6,204 13,723

Alabama 4,441 11,275

Arkansas 4,329 9,677

Arizona 4,495 10,239

California 4,628 10,957

Colorado 4,972 11,437

Connecticut 5,419 13,484

D.C. 5,355 12,823

Delaware 5,602 12,513

Florida 5,161 12,453

Georgia 4,612 10,598

Hawaii 4,228 10,508

Iowa 4,652 10,503

Idaho 4,215 9,365

Illinois 5,198 12,309

Indiana 4,775 11,222

Kansas 4,603 11,462

Kentucky 4,287 10,434

Louisiana 4,829 11,074

Mass 5,700 14,138

Maryland 4,837 11,939

State Employee Family

Maine 5,215 11,887

Michigan 5,098 12,364

Minnesota 4,704 11,938

Missouri 4,663 10,681

Mississippi 4,533 10,501

Montana 4,772 10,212

North Car 4,920 11,583

North Dakota 4,469 10,506

Nebraska 4,715 11,169

New Hamp 5,519 13,624

New Jersey 5,607 13,521

New Mexico 4,754 11,404

Nevada 4,553 10,297

New York 5,442 12,867

Ohio 4,667 11,293

Oklahoma 4,838 11,002

Oregon 4,681 10,890

Pennsylvania 5,039 12,471

Rhode Island 5,887 13,786

South Car 4,899 11,780

South Dakota 4,497 11,483

Tennessee 4,611 10,369

Texas 5,140 11,972

State Employee Family

Utah 4,238 10,935

Virginia 4,890 11,338

Vermont 5,244 11,748

Washington 4,543 10,725

Wisconsin 5,222 12,819

West Virginia 4,986 11,611

Wyoming 5,266 12,163

Source: IRS.gov

Page 15: Small Business Tax Credit Webinar

Eligible small businesses can claim the credit as part of the general business credit starting with the 2010 income tax return they file in 2011 for health insurance premium payments made after 12-31-09.

For tax-exempt employers, the IRS will provide further information on how to claim the

credit.

Source: IRS.gov

Page 16: Small Business Tax Credit Webinar

Catherine CliffordCNN Money . Com

April15, 2010

…In a rough economy, every dollar saved is vital. "It might

not match what [health care costs] increase in a year ---

but wow, that is sure helpful," Phelps of Oakbrook Esser

Studios said of the tax break. "It helps take that total

burden off the company."….

…The White House estimates up to 4 million small businesses may qualify for the tax credit, but it's not clear how many will be eligible.....

The TAX CREDIT is in the News!

Associated PressFOX News . comMay 17, 2010

Page 17: Small Business Tax Credit Webinar

Determine Calculate Verify

Source: IRS.gov

Page 18: Small Business Tax Credit Webinar

Determine the total number of your employees (not counting owners, family members or seasonal employees):

Full-time employees:

(enter the number of employees who work 40 hours each week or more)

Full-time equivalent (of part-time) people:

(divide the total annual number of part-time hours worked by 2080)

If these numbers add up to 25 or less then go on to the next step.

Source: IRS.gov

Page 19: Small Business Tax Credit Webinar

Calculate the average annual wages of employees (not counting

owners, family members or seasonal employees):

Take the total annual wages paid to employees:

Then divide it by the number of FTE determined in STEP 1:

This number is your average annual wage (AAW):

If the result is less than $50,000 then go to the next step.

Source: IRS.gov

Page 20: Small Business Tax Credit Webinar

You must be paying at least 50% of the health insurance premium cost for your single employees in order to be eligible for the CREDIT.

If you believe you are eligible for the TAX CREDIT contact your accountant to determine the amount.

Source: IRS.gov

Page 21: Small Business Tax Credit Webinar

Example:

Calculating the credit phase-out if the number of FTEs exceeds 10 or average annual wages exceeds $25,000.

For the 2010 taxable year, a taxable eligible small employer has 12 FTEs and average annual wages of $30,000. The employer pays $96,000 in health insurance premiums for its employees (which does not exceed the ―benchmark‖ premium in the employer’s state) and otherwise meets the requirements for the credit.

Page 22: Small Business Tax Credit Webinar

The initial amount of the credit determined before any reduction is $33,600 ($96,000 x 35%)

Credit reductions for FTEs (12) in excess of 10 is equal to $4,480 ($33,600 x 2/15)

The Credit reduction for average annual wages in excess of $25,000 is equal to $6,720 ($33,600 x $5000/$25000)

Total credit reduction is equal to $11,200 ($4,480 + $6,720)

The total 2010 tax credit equals $22,400 ($33,600 - $11,200)

Page 23: Small Business Tax Credit Webinar

It will be claimed on the EMPLOYER’s annual income tax return.

It CANNOT be used against employment taxes.

NON-REFUNDABLE Credit

◦ But, it can be rolled over to following years’ tax returns (back 1 and forward 20)

The amount of premium that can be deducted is reduced by the amount of the TAX CREDIT

Page 24: Small Business Tax Credit Webinar

PLEASE NOTE: The preceding pages are designed to provide a general overview of the new health reform law. It does NOT attempt to cover all of

the law’s provisions and should NOT be used as legal advice for implementation activities. GCG and SLSF recommend that you consult with your tax

or legal advisor regarding how the new requirements will affect your specific plan.

In conformity with U.S. Treasury Department Circular 230 tax advice contained in this communication and any attachments is not intended to be used,

and cannot be used, for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code, nor may any such tax advice be used

to promote, market or recommend to any person any transaction or matter that is the subject of this communication and any attachments.

INFORMATIONAL LINKS

www.irs.gov

Tax Credit Articlewww.irs.gov/newsroom/article/0,,id=220848,00.html

Tax Credit FAQ’swww.irs.gov/newsroom/article0,,id=220839,00.html

Revenue Notice 2010-44 (from 5/17/2010)www.irs.gov/pub/irs-drop/n-10-44.pdf

Page 25: Small Business Tax Credit Webinar

Bradley Greenberg, CPA

SLSF

[email protected]

Direct: 847.779.6206

Marcus Newman, CBC

GCG Financial

[email protected]

Direct: 847.457.3058

Silver Lerner Schwartz & Fertel

Certified Public Accountants

www.slsf.com

Page 26: Small Business Tax Credit Webinar

Thank you for your time!

Brought to you by the Accounting Firm of:

In conjunction with our friends at

GCG Financial, Inc.Employee Benefits

Consultants

HEALTHCARE

TAX CREDIT

Silver Lerner Schwartz & Fertel

Certified Public Accountants

www.slsf.com