Skip to main content

You have questions, we have answers

Frequently asked questions

  • Beneficial ownership information refers to identifying information about the individuals who directly or indirectly own or control a company.

    [Issued March 24, 2023]

    In 2021, Congress passed the Corporate Transparency Act on a bipartisan basis. This law creates a new beneficial ownership information reporting requirement as part of the U.S. government’s efforts to make it harder for bad actors to hide or benefit from their ill-gotten gains through shell companies or other opaque ownership structures.

    [Issued September 18, 2023]

  • A reporting company created or registered to do business before January 1, 2024, will have until January 1, 2025 to file its initial beneficial ownership information report.

    Updated: March 7, 2024

    In Friday’s decision, District Court Judge Liles C. Burke ruled that the CTA is an unconstitutional exercise of Congress’ enumerated powers and granted the plaintiff’s motion for summary judgment, with a final judgment expected to follow. The scope of the Court’s decision is, as of this writing, limited only to the plaintiffs that case. For the time being, the Court’s decision leaves the CTA and BOI landscape in limbo as there is almost certainly going to be further developments in this case. In a recent press release, FinCEN clarified its position that the CTA remains in effect for all other reporting companies. Stay tuned for further developments as they arise.

    https://www.withum.com/resources/breaking-news-federal-court-ruled-corporate-transparency-act-unconstitutional-beneficial-ownership-information-reporting-on-hold/

  • If you hire contractors, freelancers, or vendors and pay them more than $600 in business-related payments, then you’ll need to prepare and issue a Form 1099.

    The form is due to recipients by January 31 and is to be filed with the IRS by February 28.

  • Correct Form W-9s are the key to correct 1099s. To avoid possible matching notices with the IRS, it is important to ensure that the official name on the W-9 that corresponds with the Taxpayer Identification Number (TIN) matches exactly what is on file with the IRS.

  • Who Qualifies

    You may qualify for a credit up to $7,500 under Internal Revenue Code Section 30D if you buy a new, qualified plug-in EV or fuel cell electric vehicle (FCV). The Inflation Reduction Act of 2022 changed the rules for this credit for vehicles purchased from 2023 to 2032.

    The credit is available to individuals and their businesses.

    To qualify, you must:

    • Buy it for your own use, not for resale
    • Use it primarily in the U.S.

    In addition, your modified adjusted gross income (AGI) may not exceed:

    • $300,000 for married couples filing jointly 
    • $225,000 for heads of households
    • $150,000 for all other filers

    Credit Amount

    The amount of the credit depends on when you placed the vehicle in service (took delivery), regardless of purchase date.

    For vehicles placed in service January 1 to April 17, 2023:

    • $2,500 base amount
    • Plus $417 for a vehicle with at least 7 kilowatt hours of battery capacity
    • Plus $417 for each kilowatt hour of battery capacity beyond 5 kilowatt hours
    • Up to $7,500 total

    In general, the minimum credit will be $3,751 ($2,500 + 3 times $417), the credit amount for a vehicle with the minimum 7 kilowatt hours of battery capacity.

    For vehicles placed in service April 18, 2023 and after:

    Vehicles will have to meet all of the same criteria listed above, plus meet new critical mineral and battery component requirements for a credit up to:

    • $3,750 if the vehicle meets the critical minerals requirement only
    • $3,750 if the vehicle meets the battery components requirement only
    • $7,500 if the vehicle meets both

    A vehicle that doesn't meet either requirement will not be eligible for a credit.

    Qualified Vehicles

    To qualify, a vehicle must:

    • Have a battery capacity of at least 7 kilowatt hours
    • Have a gross vehicle weight rating of less than 14,000 pounds
    • Be made by a qualified manufacturer. 
      • FCVs do not need to be made by a qualified manufacturer to be eligible. See Rev. Proc. 2022-42 for more detailed guidance.
    • Undergo final assembly in North America
    • Meet critical mineral and battery component requirements (as of April 18, 2023).

    The sale qualifies only if:

    • You buy the vehicle new
    • The seller reports required information to you at the time of sale and to the IRS.
      • Sellers are required to report your name and taxpayer identification number to the IRS for you to be eligible to claim the credit.

    In addition, the vehicle's manufacturer suggested retail price (MSRP) can't exceed:

    • $80,000 for vans, sport utility vehicles and pickup trucks
    • $55,000 for other vehicles

    If you bought a new, qualified plug-in electric vehicle (EV) in 2022 or before, you may be eligible for a clean vehicle tax credit up to $7,500 under Internal Revenue Code Section 30D.

    The credit equals:

    • $2,917 for a vehicle with a battery capacity of at least 5 kilowatt hours (kWh)
    • Plus $417 for each kWh of capacity over 5 kWh

    The maximum credit is $7,500. It is nonrefundable, so you can't get back more on the credit than you owe in taxes. You can't apply any excess credit to future tax years.

  • The Inflation Reduction Act, H.R. 5376, made broad changes to the clean vehicle tax credit, including extending it through 2032 and creating a new credit for previously owned clean vehicles (Sec. 25E),

    For new clean vehicles purchased after Aug. 16, 2022, the tax credit is generally available only if the qualifying vehicle's final assembly occurred in North America (final assembly requirement).

    How to check where a vehicle was built
    To verify whether a motor vehicle meets the final assembly requirement, dealers and consumers can follow a two-step process (follow link for more information).

    https://www.thetaxadviser.com/news/2022/aug/guidance-clean-vehicle-tax-credit.html

  • The credit amounts and types of qualifying expenses were expanded by the Inflation Reduction Act of 2022.

    Energy Efficient Home Improvement Credit

    These expenses may qualify if they meet requirements detailed on energy.gov:

    • Exterior doors, windows, skylights and insulation materials
    • Central air conditioners, water heaters, furnaces, boilers and heat pumps
    • Biomass stoves and boilers
    • Home energy audits

    The amount of the credit you can take is a percentage of the total improvement expenses in the year of installation:

    • 2022: 30%, up to a lifetime maximum of $500
    • 2023 through 2032: 30%, up to a maximum of $1,200 (biomass stoves and boilers have a separate annual credit limit of $2,000), no lifetime limit.

    Get details on the Energy Efficient Home Improvement Credit.

    Residential Clean Energy Credit

    These expenses may qualify if they meet requirements detailed on energy.gov:

    • Solar, wind and geothermal power generation
    • Solar water heaters
    • Fuel cells
    • Battery storage (beginning in 2023)

    The amount of the credit you can take is a percentage of the total improvement expenses in the year of installation:

    • 2022 to 2032: 30%, no annual maximum or lifetime limit
    • 2033: 26%, no annual maximum or lifetime limit
    • 2034: 22%, no annual maximum or lifetime limit

    Get details on the Residential Clean Energy Credit

    The residential energy property credit is nonrefundable. A nonrefundable tax credit allows taxpayers to lower their tax liability to zero, but not below zero.

  • The following energy efficient home improvements are eligible for the Energy Efficient Home Improvement Credit:

    • Building envelope components satisfying the energy efficiency requirements in Q1 under the Energy Efficiency Requirements section:
      • exterior doors (30% of costs up to $250 per door, up to a total of $500);
      • exterior windows and skylights (30% of costs up to $600); and
      • insulation materials or systems and air sealing materials or systems (30% of costs).
    • Home energy audits (30% of costs up to $150, see Q5 under the General Questions section.
    • Residential energy property (30% of costs, including labor, up to $600 for each item) satisfying the energy efficiency requirements in Q1 under the Energy Efficiency Requirements section:
      • central air conditioners;
      • natural gas, propane, or oil water heaters;
      • natural gas, propane, or oil furnaces and hot water boilers; and
      • improvements to or replacements of panelboards, sub-panelboards, branch circuits, or feeders that are installed along with building envelope components or other energy property listed in these FAQs and enable its installation and use.
    • Heat pumps and biomass stoves and biomass boilers (30% of costs, including labor) satisfying the energy efficiency requirements in Q1 under the Energy Efficiency Requirements section:
      • electric or natural gas heat pump water heaters;
      • electric or natural gas heat pumps; and
      • biomass stoves and biomass boilers.
    • Since 1921, IRS allows 100% of realized gains from property sales in a trade or business to be deferred
    • If an investor sells a property and uses the proceeds to buy a similar property, they can defer capital gains and losses indefinitely or until they make a final sale of a property (For more information see blog post: 1031 Exchanges (Like-Kind): Opportunity Zones & Delaware Statutory Trusts (DSTs) to download ppt).