Connect with us

Accounting

A comparative look at job creation incentives across the US

Published

on

State-based job creation tax credit programs typically provide a tax credit against the state’s income tax liability. That credit may be passed through to a shareholder level in many cases, though it will be reviewed on a case-by-case basis. In other states, credits are sold or brokered if the company cannot utilize the credit. Across the country, job creation tax credits may be refundable, providing excellent value to clients, especially during a new operation or expansion phase where the company may not have tax liability in that state. Each state and each program is different.

It’s important to know how tax credits for job creation are calculated. In states like Indiana, Colorado, Ohio, New York and Illinois, job creation tax credits are calculated based on an approved percentage of the total net new wages or wage withholding generated from qualifying jobs. These credit percentages can vary from 10% to 100% and, in many cases, are negotiable based on the quality of the project. High-quality projects create a high number of jobs, high wages, high skill sets and high amounts of investment. Depending on the program parameters, many companies are eligible for these programs with as few as 10 new employees.

Understanding that these programs typically only consider net new employees, a base period calculation notes the total employees before a specific date. After that certifying date, any net new hires and their associated wages or wage withholdings can generate value through the job creation program. Cyclical hiring and furlough practices, seasonal work, temporary employees or just a replacement of existing positions often do not qualify as “net new.” In addition, many states only qualify full-time (typically 32 to 35-plus hours per week), W-2, benefitted (the employer provides health benefits) and resident (working and living in the state offering the incentive) employee positions as qualifying employees. Part-time, contract or temporary employees do not qualify in most states. Evaluating each client’s hiring practices alongside growth projects is essential.

Some states do not have an income tax. Therefore, the job creation tax credits may be applied to a similar tax the state does have, be it franchise, excise, business operations, insurance liability, worker’s compensation, gross receipts or commercial activities taxes. Each state is different and allows for various tax applications. Clients should always consult their trusted tax professional for further insight on these types of credits and their impact on state, local (and federal) taxes.

Job tax credits as a refund

Providing a tax credit for growing companies is the most common way states offer a job creation incentive. States can control how much they provide in credits on an annual basis and are often capped by a legislated budget amount. Other states allow for a cash refund of the qualifying wages. States like Kentucky, Missouri, Arkansas and Kansas have options to claim a direct cash refund from the associated state tax department for qualifying positions. Like the tax credit valuation, the refund amount may vary from state to state, and there may be some negotiation on the percentage eligible per job created.

Often, the state’s economic development body will receive annual compliance reporting from a client and review the reporting to authorize a certified amount for the refund. Clients then must navigate the state’s tax department to receive the refunds. Many forms and deadlines meet the refund payment to flow back to the client in a timely manner. This timeline can vary from a couple of weeks to several months, depending on the volume and backlog of compliance reports and refund requests. Having a dedicated incentives specialist to follow up regularly with authorizing bodies can help with this timeline.

Cash refunds are usually attractive for clients, as getting a check back from the government is always nice, unlike having to write a check to the government. However, cash reimbursements can affect a company’s tax return on an annual basis. Clients should always discuss this impact with their CPA advisor to best determine how to plan for refunds or the impact of a refund on yearly tax returns.

Grant funding for job creation

Cash upfront? This is not typical; however, some states are able to issue grants or flat payment amounts upon receipt of all required documentation that notes net new job levels have been met, or investment thresholds have been achieved. Michigan, Pennsylvania, Texas, Georgia, North Carolina, Tennessee and Wisconsin have programs allowing for flat payments to projects to achieve pre-agreed thresholds. The key is many of these programs require job threshold commitments for an extended period, say five to 10 years in many circumstances. States want to know their “investment” in a project has a long-term impact. If a client drops below required thresholds, fails to follow through on reporting, or moves out of the state within the agreement term, these activities may trigger a clawback from the state for violating the agreement terms.

When you step back, job creation incentives are beneficial for growing companies. Depending on the program, these incentives can potentially create between $500 and $2,000 in value (credits or cash) per qualifying job per year. CPAs should consistently review client portfolios for credit and incentive opportunities. By identifying clients with plans to grow, CPAs can quickly align with a trusted credit and incentive expert to maximize the potential benefits for clients.

Continue Reading

Accounting

Employers added 139K jobs in May, including 3,100 in accounting

Published

on

Employment grew by 139,000 jobs in May, the U.S. Bureau of Labor Statistics reported Friday, while the unemployment rate remained unchanged at 4.2%.

Employment continued to grow in the health care, leisure and hospitality and social assistance sectors, but the federal government continued to lose jobs as the Trump administration kept up its efforts to slash the workforce. The professional and business services sector lost 18,000 jobs in May, but added 3,100 in accounting, tax preparation, bookkeeping and payroll services. 

Average hourly earnings increased 15 cents, or 0.4%, to $36.24 in May. Over the past 12 months, average hourly earnings have increased 3.9%. 

“Really only two sectors made up the bulk of all job growth — health care and social assistance (+78K) and leisure and hospitality (+48K),” said Andrew Flowers, chief economist at Appcast. “The ‘diffusion index’ (which measures the breadth of job growth) fell near the lowest point of this cycle. Beyond those sectors, there were signs that professional and business services job growth has weakened further, with the three-month moving average now negative. Moreover, the DOGE-led effort to trim government bureaucrats is having real effects, with a -22K job contraction in the federal workforce.”

As part of those cuts, the U.S. Bureau of Labor Statistics itself has been cutting back on its collection of consumer data for measures such as the Consumer Price Index, which could affect the reliability of some of its data. The BLS has also been getting lower response rates in recent years to its surveys, which could affect the reliability of its data. “They’re getting a lot less data than they used to, so those things add up to probably some volatility in the numbers that come out,” said Frank Fiorille, vice president of risk, compliance and data analytics at Paychex.

Continue Reading

Accounting

Tax Fraud Blotter: Prep perps

Published

on

Bank job; the magic is gone; not a beautiful day in the Neighborhood; and other highlights of recent tax cases.

Washington, D.C.: CPA Timothy Trifilo has been sentenced to 20 months in prison for making a false statement on a mortgage loan application and for not filing an income tax return.

Trifilo worked in compliance for several large accounting and finance firms and recently was managing director at a tax firm where he specialized in transaction structuring and advisory service, tax compliance and tax due diligence.

For a decade, he did not file federal income tax returns nor pay taxes owed despite earning more than $7.7 million during that time. He caused a tax loss to the IRS of more than $2 million.

In February 2023, Trifilo sought to obtain a $1.36 million bank-financed loan to purchase a home in D.C. and was working with a mortgage company. After the company told him that the bank would not approve the loan without copies of his filed returns, Trifilo provided fabricated documents to make it appear as if he had filed federal returns for 2020 and 2021. On these returns and other documents, Trifilo listed a former colleague as the individual who prepared the returns and uploaded them for filing with the IRS. This individual did not prepare the returns, has never prepared returns for Trifilo and did not authorize Trifilo to use his name on the returns and other documents.

The bank approved the loan and Trifilo purchased the home.

Trifilo, who previously pleaded guilty, was also ordered to serve two years of supervised release and pay $2,057,256.40 in restitution to the IRS.

New York: Tax preparer Rafael Alvarez, 61, of Cortland Manor, New York, has been sentenced to four years in prison in connection with a decade-long, $145-million tax fraud.

Alvarez, a.k.a. “the Magician,” who previously pleaded guilty, oversaw the filing of tens of thousands of federal individual income tax returns that included false information designed to fraudulently reduce clients’ taxes. From around 2010 to 2020, Alvarez was the CEO, owner and manager of ATAX New York, also d.b.a. ATAX New York-Marble Hill, ATAX Marble Hill, ATAX Marble Hill NY and ATAX Corporation. This high-volume prep company in the Bronx, New York, prepared some 90,000 federal income tax returns for clients during this period.

Alvarez both prepared returns for clients and recruited, supervised and directed other personnel who in turn prepared returns. He oversaw what authorities called “a sweeping fraudulent scheme” where he and his employees submitted false information on clients’ returns. This information included, among other things, bogus itemized tax deductions, made-up capital losses, phony business expenses and fraudulent tax credits.

Alvarez recruited to ATAX and personally trained “impressionable, easily intimidated” workers. When some employees questioned Alvarez about his fraudulent tax prep, he threatened these employees about reporting his scheme.

He deprived the IRS of $145 million in tax revenue. 

He was also sentenced to three years of supervised release and ordered to pay the IRS $145 million in restitution and forfeit more than $11.84 million.

Philadelphia: Tax preparer James J. Sirleaf, 65, of Darby, Pennsylvania, has pleaded guilty to a multiyear scheme to help clients file false income tax returns to fraudulently increase their refunds, as well as to filing false personal income tax returns for himself.

Sirleaf, who previously pleaded guilty, was the sole owner and operator of Metro Financial Services; he prepared false and fraudulent 1040s for clients for at least tax years 2016 through 2019. On the returns he included false deductions, business expenses and dependent information.

He also filed false returns for himself for tax years 2017 through 2019, failing to fully report his income.

Sirleaf caused a tax loss to the IRS of $219,622.

Sentencing is Sept. 3.

jail2-fotolia.jpg

Summerfield, North Carolina: William Lamar Rhew III has pleaded guilty to wire fraud, money laundering, securities fraud, tax evasion and failure to file returns in connection with a $20 million Ponzi scheme.

From November 2017 to December 2023, Rhew defrauded at least 117 investors of at least $24 million. He induced victims to invest with his company, Chadley Capital, which would allegedly buy accounts receivable at a discount, sell them for a profit and provide consistently high rates of return. Rhew touted the company’s increasing deal flow and underwriting standards and claimed $300 million in transactions in 2023, consistent returns exceeding 20% per year and nearly 74% total growth over 24 months.

All Rhew’s representations were false. Instead of investing victims’ funds, Rhew used the money on personal expenses, including the purchases of a boat, a beach house and luxury cars, and to make “interest” and “withdrawal” payments to other victim-investors.

For 2018 through 2022, Rhew willfully failed to report nearly $9 million in income to the IRS.

He has agreed to pay almost $14.9 in restitution to the victims and $3,056,936 to the IRS.

Sentencing is Aug. 22. Rhew faces up to 20 years in prison, supervised release of up to three years and monetary penalties.

Miami: In related cases, three tax preparers have pleaded guilty to tax crimes connected to a scheme to prepare false returns.

Franklin Carter Jr., of Sanford, Florida, pleaded guilty to conspiring to defraud the U.S. and to not filing returns. Jonathan Carrillo, of St. Cloud, Florida, pleaded guilty to conspiring to defraud the U.S. and assisting in the preparation of false returns.

Diandre Mentor has pleaded guilty to conspiring to defraud the United States by filing false returns for clients.

From 2016 to 2020, Carter and Carrillo owned and operated Neighborhood Advance Tax, a tax prep business with a dozen offices throughout Florida. Mentor worked there between January 2017 and 2019. The conspirators inflated client refunds by fabricated deductions and held periodic training to teach Neighborhood employees how to prepare fraudulent returns.

In 2020, Mentor and his co-conspirators also started Smart Tax & Finance, which  expanded to 12 franchise locations throughout South and Central Florida. The next year, Carter, Carrillo and the co-conspirators started Taxmates, which operated out of the same offices that Neighborhood had used. Both firms prepared false returns for clients; many of those returns included false deductions.

The three also continued to teach franchise owners and employees how to prepare false returns for clients. In addition, Carter did not file personal tax returns for 2019 through 2021.

Carter and Carrillo caused a tax loss to the IRS exceeding $12 million. Mentor caused a tax loss to the IRS totaling $3,090,077.

Several co-conspirators have also pleaded guilty, including Abryle de la Cruz, Emmanuel Almonor, Adon Hemley and Isaiah Hayes.

Carter and Carrillo each face up to five years in prison for the conspiracy charge. Carter faces up to a year for each failure to file a return charge; Carillo faces a maximum of three years for each charge of assisting in the preparation of a false return; Mentor faces up to five years in prison. All three also face a period of supervised release, restitution and monetary penalties.

Continue Reading

Accounting

Small business wage growth slowed in May

Published

on

Hourly earnings growth for small business employees dropped to a four-year low at 2.77% in May, while job growth was flat, according to payroll company Paychex.

The Paychex Small Business Employment Watch, which tracks U.S. business with fewer than 50 employees, found that three-month annualized hourly earnings growth fell to its lowest level in May (2.45%) since December 2020, when it was 1.66%.

“There seems to be a very limited amount of dynamism in small businesses right now,” said Frank Fiorille, vice president of risk management, compliance and data analytics at Paychex. “We’re not seeing blockbuster or torrid hiring, but we’re also not seeing major layoffs either. They’re in a frozen state. They don’t want to take any risks.”

The Midwest has represented the strongest region for small business employment growth for the past year, while the West continues to lag all regions and reported an index level below 100 on Paychex’s Small Business Jobs Index for the 14th consecutive month in May. 

“The Midwest is doing well, and the coasts are lagging a little bit,” said Fiorille. 

Construction dropped 0.68 percentage points to a jobs index of 99.69 in May, marking its lowest level since March 2021. Job growth in the leisure and hospitality industry remained in last place among sectors for the fourth month in a row at 98.18 in May.

Uncertainty over tariffs and the massive tax bill in Congress seem to be holding back small businesses, and accountants should keep a close eye on developments to advise their small business clients. “That’s the ballgame right now for everybody to watch,” said Fiorille.

Continue Reading

Trending