BOI Report Compliance

The Beneficial Ownership Information Report (“BOI Report”) is a new required filing due by January 1, 2025. Failure to file may result in penalties of up to $500 per day.

The BOI Report is filed online with FinCEN, which is a bureau of the U.S. Department of the Treasury that works to prevent and investigate financial crimes. The BOI Report is designed to increase transparency in business ownership with the hopes that it will help to combat financial crimes and tax fraud.

Domestic and foreign companies registered to do business in the US are required to identify all individuals who own at least 25% of the company, or have control over the company. There are exceptions to this rule, which are detailed on FinCEN’s website and in their compliance guides.

  • Click here to download the Small Entity Compliance Guide provided by FinCEN

  • FinCEN’s website about the BOI Report:  https://fincen.gov/boi

  • When do I file? All companies who meet the criteria must file their first report by January 1, 2025. Special rules apply for any changes to ownership that occur during the year, as well as new companies formed during 2024 and companies formed in the future. 

*The information provided in this article is a brief summary of the compliance details provided by FinCEN and is known to be accurate as of the date of publication on our website.

*We always recommend consulting with your CPA regarding all required legal filings with tax authorities. The articles on our website are to be used for informational purposes only and do not constitute legal, business, or tax advice. Each person should consult his or her own attorney, business advisor, or tax advisor with respect to matters referenced in this article.

Year-End Checklist

January can be a stressful time for businesses! Many clients scramble to file 1099’s and W-2’s, right after the lazy days of the holiday season.
Here’s how you can prepare in advance to avoid the headache!

Hired Employees:
Requirements - Obtain a signed W-4 form and I-9 form, if applicable, from all employees. Ask them to fill out a new W-4 form each year to ensure you have their most up to date information.

  • If you used a payroll service provider (like ADP or Gusto):

    • Download the quarterly and annual federal payroll tax returns that the service filed for you. Look over them to make sure they’re correct.

    • Look over the tax payment history to ensure that the payroll service provider paid all federal and state tax deposits on time and that they actually cleared your bank account. 

    • Look at your settings to make sure that the payroll service will automatically e-file the W-2 forms with the IRS. They may require your approval before e-filing, so learn what their protocol for approval is.

      • Look at the draft versions of the W-2’s to make sure the names, addresses and total compensation reported on the forms are correct.

      • If the W-2 forms have errors, contact your payroll service to let them know that you need to make changes to the draft forms.

      • If the payroll service is unable to make changes, then tell them to disable the automatic filing of the W-2’s.

        • We can prepare the correct W-2 forms utilizing our tax preparation software.

    • Keep a digital and physical copy of all of these records in a safe place for at least the next four years in case of an audit or government inquiry. Some payroll service providers will mail you copies, but you likely will need to download them directly.  

  • If you did not use a payroll service provider (like ADP or Gusto):

    • File all quarterly (941) and annual (940) federal tax returns, as well as all state quarterly and/or annual reports.

    • Pay all federal tax deposits through the IRS’s EFTPS system, and make sure that the payments cleared your bank account. Pay your state’s unemployment taxes, if applicable.

    • Prepare W-2 forms for each employee by calculating wages, benefits, withholdings for taxes and other deductions or compensation. 

      • If you need help, we can prepare these W-2 forms utilizing our tax preparation software.

    • Keep a digital and physical copy of all of these records in a safe place for at least the next four years in case of an audit or government inquiry.

Hired Contractors:
Requirements - Obtain a signed W-9 form from each contractor, and ask for a new one each year to ensure that you have the contractor’s most up to date information.

  • Make sure your bookkeeping is up to date, and each payment has the contractor’s name assigned to those payment transactions. We can catch up your bookkeeping, just reach out!

  • There are new rules for what kind of 1099 form you should use, depending on the type of contractor you hired.

    • 1099-NEC is now the most common form used, since this is for the type of contractors hired for outsourced work, such as construction subcontractors or remote admins.

    • 1099-MISC is now reserved for other special types of hires, such as attorneys.

    1. If you aren’t sure which one you need to use, feel free to reach out for a consult!

  • If you paid Contractors through a payroll service provider (like ADP or Gusto):

    • Look at your settings to make sure that the payroll service will automatically e-file the 1099 forms with the IRS.

    • Look at the draft versions of the 1099’s to make sure the names, addresses and total compensation reported on the forms are correct.

    • They may require your approval before e-filing, so learn about their protocol for approval

    • Payments to contractors that are an exact reimbursement for materials or supplies should not be included in the total non-employee compensation amount.

    • If the total amount showing on the draft 1099 form is incorrect, then notify the payroll service provider.

      • We can prepare and e-file correct 1099 forms using our tax preparation software.

  • If you have not paid Contractors through a payroll service provider (like ADP or Gusto):

    • Prepare the 1099’s and e-file them, or print on 1099 forms and mail them to the IRS.

      • If you need help, we can prepare and e-file 1099 forms using our tax preparation software.

    • Keep a digital and physical copy of all of these records in a safe place for at least the next four years in case of an audit or government inquiry.

*We always recommend consulting with your CPA regarding all required legal filings with tax authorities. The articles on our website are to be used for informational purposes only and do not constitute legal, business, or tax advice. Each person should consult his or her own attorney, business advisor, or tax advisor with respect to matters referenced in this article.

Informative Books & Online Publications

Here you’ll find a list of helpful online publications that feature content related to accounting and tax matters. We’ve also included a list of helpful and informative books on topics like accounting and small business management. If you need further assistance or resources, feel free to reach out to The Pencil Team.

  • Books:

    • 1001 Deductions & Tax Breaks (annual editions), Barbara Weltman

    • Small Business Taxes (annual editions), Barbara Weltman

    • Estate & Trust Administration for Dummies, Margaret Munro & Kathryn Murphy

    • Financial Accounting Essentials You Always Wanted To Know, Kalpesh Ashar & Vibrant Publishers

    • The Joy of Accounting, Mark Robilliard & Peter Frampton

    • Quickbooks for Dummies, Stephen L. Nelson

    • Taxes for Dummies (annual editions), Eric Tyson

    • Stand Up to the IRS, Frederick W. Daily

    • Starting & Building a Nonprofit: A Practical Guide, Peri Pakroo

    • Tax Savvy for Small Business, Stephen Fishman

    • Tax Strategies for the Savvy Real Estate Investor, Amanda Han & Matthew MacFarland

    • The Women's Small Business Start-Up Kit, Peri Pakroo

    • Working for Yourself, Stephen Fishman

    • Your Income Tax (annual editions), J.K. Lasser Institute

  • Online Publications:

*We always recommend consulting with your CPA regarding all required legal filings with tax authorities. The articles on our website are to be used for informational purposes only and do not constitute legal, business, or tax advice. Each person should consult his or her own attorney, business advisor, or tax advisor with respect to matters referenced in this article.

Government & Non-Profit Resources

Here you’ll find a list of helpful government websites, including the most commonly used IRS webpages. We’ve also compiled a list of important non-profit organizations that offer pro-bono services and/or provide assistance to taxpayers. If you need further assistance or resources, feel free to reach out to The Pencil Team.

*We always recommend consulting with your CPA regarding all required legal filings with tax authorities. The articles on our website are to be used for informational purposes only and do not constitute legal, business, or tax advice. Each person should consult his or her own attorney, business advisor, or tax advisor with respect to matters referenced in this article.

Contractor Tax Deductions

We’re asked all the time about what tax deductions that the self-employed and/or independent contractors can take when it comes to preparing their tax return. We’ve compiled a list of the most common tax deduction categories. As always, be sure to ask your CPA which ones apply to you! For more details, please refer to IRS Publication 535.

  1. Advertising
    For example, Facebook ads, printing of swag, mailers, Google Adwords, and even hiring of freelance copywriters.

  2. Business insurance
    For example, general liability insurance.

  3. Car and truck expenses
    If the vehicle is in the business name and used 100% for business use, then the payment for the vehicle, itself, and the use of it is totally deductible.

    If the vehicle is in your personal name and used partly for business use, there are two ways to calculate:
    a. Deduct the expenses of operating your vehicle. For example: gas, maintenance, insurance and depreciation.
    b. Deduct a standard rate on each “business” mile driven. In 2019, the rate is 58 cents per mile.

  4. Commissions, Fees, and Contract Labor
    These are payments made to non-employees for marketing purposes, or those hired as independent contractors. For example: graphic designers, sales reps, or marketing channels and platforms like Amazon.
    If the size of the commission or contract labor exceeds $600 for each individual vendor, then you will have to file Form 1099-MISC.
    Tip: Be sure to capitalize any commissions paid for the sale of property, unless you are the one acting as the real estate broker.

  5. Depreciation
    Depreciation is the way we calculate wear and tear on certain assets. For example: vehicles, large furniture purchases, and large electronics like expensive computers.
    Tip: Section 179 outlines ways that you can deduct the full purchase price of certain business assets within the year that you bought them. You can read more about Section 179 here.

  6. Home office expenses
    There are two ways to calculate the tax deduction:
    a. Use Form 8829 to itemize the various expenses involved in using and maintaining your home office
    b. Determine the percentage of square footage dedicated to the home office and then multiply all of your home expenses by this percentage to determine the amount paid on maintaining the home office.

  7. Interest payments
    There are two types of interest payments: mortgage and loan interest.
    a. The mortgage has to be on a property that is used primarily for business.
    b. Other loans have to be business related. Specifically, for vehicle loans, you should only deduct the portion of interest that relates to the business usage of your car.

  8. Legal and professional services
    You can deduct any fees paid to licensed professionals such as attorneys. However, you can no longer includes fees paid for tax advice or tax return preparation, thanks to the new tax law.

  9. Office expenses
    For example: expenses related to a dedicated office like maintenance and cleaning.

  10. Rent or lease payments
    For example: rent of your office space, rent of vehicles, or rent of any equipment for your business.

  11. Repairs and maintenance
    For example: repairs and maintenance to machines, equipment, or office upkeep.

    However, do not include:
    a. The value of your own labor
    b. Substantial improvements that add to the property’s value or prolong its life. Declare these under “Depreciation”. Also, capitalize any money spent on restoring or replacing lost property (make it an asset).
    c. Car maintenance and repairs go under “Car and Truck Expenses”

  12. Supplies
    For example: materials that you actually used in that tax year, deduct the portion of the amount used, not the total amount you spent. Also, “incidental” supplies for general office use (such as paper clips) can be fully deducted.
    This can also include professional instruments, books and equipment, but only if they will be useful for a single year. If they will be useful beyond one year, then report them under “Depreciation”.

  13. Taxes and licenses
    For example: incorporation fees and business licenses. Taxes are slightly more complicated. Some are deductible and some aren’t.

    These are deductible:
    a. State and local sales taxes (for goods and services to be resold)
    b. Property taxes on business assets
    c. Federal highway use tax
    d. Payroll taxes

    These taxes are not deductible:
    a. Federal income taxes, including your self-employment tax
    b. Taxes on personal use property
    c. State and local property sales taxes
    d. Sales taxes that you collected from buyers of your goods or services, which you remit to the state or local governments.

  14. Travel, meals, and entertainment
    Some travel costs are tax deductible if the trip is:
    a. Overnight
    b. Primarily for business
    c. Away from your tax home
    d. Shorter than one year

    For meal expenses, you can either choose to deduct the actual cost of your meals, or use the standard meal allowance specified by the General Services Administration.
    Meals and entertainment expenses can either be fully, partially, or non-deductible, depending on the situation. For more information, we recommend reading this handy Bench article: When Are Meals 100% Deductible?

  15. Utilities
    For example: office utilities like power, water and internet. You can also write off the portion of your cell or home phone bill used for business.
    Tip: A simple way to do this is to track your phone usage for a month, then multiply that by 12.

  16. Other expenses
    Any other ordinary and necessary business expenses not included elsewhere can be declared in this category.
    For example:
    Costs for acquiring or defending trademarks and trade names, bad debt, and business start-up costs (up to $5,000 and not to exceed $50,000.)

*We always recommend consulting with your CPA regarding all required legal filings with tax authorities. The articles on our website are to be used for informational purposes only and do not constitute legal, business, or tax advice. Each person should consult his or her own attorney, business advisor, or tax advisor with respect to matters referenced in this article.