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Tax
Federal

179D Energy Deduction

Brief Description:

A federal tax deduction of up to $1.80 per square foot for building owners, tenants, or designers of buildings that meet or exceed a certain energy and power standard. Tenants may be eligible if they make energy efficient construction expenditures. If the system or building is installed on federal, state, or local government property, the 179D tax deduction may be taken by the person primarily responsible for the system’s design, with the government owner’s approval to transfer the deduction (that the public entity cannot use). The 179D tax deduction does not apply to other non-tax paying entities, including but not limited to NGOs or churches, unless there exists an energy-as-a-service agreement that is owned by a tax paying company.

 

Benefit:

One time Federal tax deduction which decreases taxable income.

 

ROI:

Median ranges from 5:1 to 20:1.

 

Utilization Schedule:

Federal tax benefit realized by a reduction in federal tax payments or, in the case of Net Operating Losses, in the year(s) in which the loss created by the deduction is applied.

 

Fee:

See ROI.

 

Fee Schedule:

Provider dependent. Typical arrangements include (1) Full payment up front, (2) Progress payments, and (3) Full payment upon completion. Depending on the time of year, payments usually occur before benefit is realized.

 

Customer Commitment:

Provide service provider with building drawings and specifications, costs associated with the purchase or construction of the building, allow for a site visit and access to building utility systems which typically take less than a day (requires a contact/representative on site), and contact with tax preparer.

 

Risks:

This is a relatively low risk tax position since a certified engineer is required for sign off. Low audit rates and easy to prove if audited.

 

Risk Timing:

This tax deduction is not currently a red flag to the IRS so audits of the 179D Deduction would most likely happen, if at all, 2-3 years from the date filed.

 

Process:

Provide documentary information listed above, arrange and execute site visit, service provider calculates benefit (and maybe delivers a report) and will have an engineer certified in this deduction sign off, then the deduction is included in the tax return and filed. A change in accounting method form can be included in the current year tax return to claim benefits from prior tax years.

 

Common Industries:

Manufacturing and Commercial Development. Not restricted to any specific industry, just need an energy efficient building.

 

Authorities For Further Research:

Title 26 USC §179D for original law. Consolidated Appropriations Act 2021 makes the law permanent. There are various Internal Revenue Bulletins, Public Laws, IRS Memoranda, and IRS Notices that update and change the provisions of the original law.

 

 

Cost Segregation

Brief Description:

Accelerates the depreciation of buildings owned by the business (on balance sheet). Commercial buildings are most often depreciated evenly over a 39-year or 27.5 year period. With Cost Segregation, a portion of a building’s depreciation from future years can be brought forward to the current year to increase cash flow.

 

Benefit:

Increased Federal tax deduction which increases cashflow or Net Operating Losses.

 

ROI:

Varies widely. Median ranges from 10:1 to 100:1.

 

Utilization Schedule:

Benefit realized in the first year and often for the 5 – 10 subsequent years.

 

Fee:

See ROI.

 

Fee Schedule:

Provider dependent. Typical arrangements include (1) Full payment up front, (2) Progress payments, and (3) Full payment upon completion. Depending on the time of year, payments usually occur before benefit is realized.

 

Customer Commitment:

Business provides service provider with address of the building, specifications and drawings of the building, and the tax asset schedule from the most recent tax return or building costs for new constructions. Business also facilitates a site visit by the service provider.

 

Risks:

Cost Segregation is a low-risk tax position with low audit rates. Risk exposure occurs when Cost Segregation positions are either (1) not supported by documentation or (2) the segregation of building costs is incorrect.

 

Risk Timing:

This tax deduction is not currently a red flag to the IRS. If an audit were to occur this would most likely happen, if at all, 2-3 years from the date filed.

 

Process:

Business provides service provider with documentation, access to building for the site visit cost segregation report will then be delivered to the client who will give this report to their tax provider to include with the tax return when filed.

 

Common Industries:

Applies to all real estate held for profit.

 

Authorities For Further Research:

Internal Revenue Code §167; IRS Publication 946; IRS Cost Segregation Audit Techniques Guide; Revenue Procedure (Rev. Proc.) 62-21, 1962-2 C.B. 418.

 

 

Employee Retention Credit

 

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IRS Audit Monitoring

Brief Description:

Monitor a business’s IRS account for either code changes input by the IRS that indicate forthcoming audits, tax liens, or other adverse IRS actions. The service also monitors certain taxpayer submissions to the IRS to check for irregularities to be corrected (e.g. missed payroll tax filings).

 

Benefit:

Early detections of filing irregularities and IRS actions can save the business interest, penalties, forfeitures, liens, as well as significant time and stress.

 

 

 

Fee:

Typically flat fee.

 

Fee Schedule:

Typically paid upfront for monitoring over a given time period.

 

Customer Commitment:

Business signs an IRS Form 2848, usually prepared by the provider.

 

Risks:

None. The Form 2848 nor the monitoring of a business’s IRS increases any risk of adverse action from the IRS or otherwise flag the account for any additional scrutiny.

 

 

Process:

Business provides service provider the necessary information to complete IRS Form 2848. Service provider prepares the IRS Form 2848 and the business signs it. IRf Form 2848 is submitted to the IRS to give service provider access to business’s IRs tax account for monitoring.

 

Common Industries:

All.

 

 

 

IRS Penalty Abatement

Brief Description:

Recover or reduce IRS penalties as far back as 2001 for failing to file a tax return, pay on time, and/or to deposit taxes when due.

 

Benefit:

Refund from the IRS or reduction in penalty balance due to the IRS.

 

ROI:

Reductions of penalty balances due occur immediately. IRS refunds can take between 2 weeks and 6 months.

 

 

Fee:

Typically 5%-30% of the value recovered. If negotiated, usually the larger the recovery the lower percentage paid.

 

Fee Schedule:

Depends on the Business’s financial circumstances as well as the size of the recovery. Typically, smaller recoveries require payment upfront while larger recoveries split invoices, 1 to start the service and 1 at the complete of the service or upon actual recovery by the Business.

 

Customer Commitment:

Business signs an IRS Form 2848, usually prepared by the provider.

 

Risks:

There are two timing risks. First, if a penalty is still accruing, the service does not stop more penalties from accruing, it only abates previously accrued penalties. For example, if the Business is late on paying their Federal income taxes they are accruing penalties for failure to pay. If the penalties already accrued are abated before the Business pays its Federal income taxes, then failure to pay penalties will continue to accrue after the abatement. In this case, the taxes should be paid first, then the Business should seek abatement of the penalty. The second timing risk is choosing which year to request. Typically, except for particular circumstances, penalty abatements must occur at least 3 years apart. So if the Business is expecting to incur a larger penalty this year then they have in the three previous years, then the Business should wait until the penalty for this year has accrued and seek abatement for the largest penalty within a 4 year period.

 

 

Process:

Business provides service provider the necessary information to complete IRS Form 2848. Service provider prepares the IRS Form 2848 and the business signs it. IRf Form 2848 is submitted to the IRS to give service provider access to business’s IRs tax account for investigation into penalty abatement opportunities. Once identified, the service provider often presents those opportunities to the Business, negotiates a fee, then contacts the IRS on the Business’s behalf to negotiate for the penalty abatement.

 

Common Industries:

All

 

 

 

Tax Controversies & Disputes

 

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Research & Development Tax Credit

Brief Description:

Federal tax credit for businesses who make technical improvements to products, processes, computer software, techniques, formulas, or inventions.

 

Benefit:

A tax refund, reduction of tax liability, or deferred tax asset equal to approximately 6% – 20% of research and development costs in a given year. For some businesses, the credit can be applied against the employer portion of payroll taxes.

 

ROI:

Typically between 3:1 and 6:1

 

Utilization Schedule:

Reduction of tax liability is realized at the time on tax payment. Tax refunds often take between 3 to 9 months from filing. Deferred tax assets are recorded upon completion of the service. Payroll tax reduction realized as soon as the first quarter after filing the credit.

 

Fee:

See ROI.

 

Fee Schedule:

Provider dependent. Typical arrangements include (1) Full payment up front, (2) Progress payments, and (3) Full payment upon completion. Depending on the time of year, payments usually occur before benefit is realized.

 

Customer Commitment:

Business provides service provider with tax returns, general ledger details, profit & loss statements, W-2s, 1099-MISCs / NECs, R&D related contracts, and R&D workpapers for, at minimum, the year in which R&D is to be claimed and the 3 prior years. In some cases, the service provider will interview Business owners and employees involved in and familiar with the R&D; this maybe occur remotely or in-person on site at the business.

 

Other Customer Costs:

Lack of responsiveness and organization by the Business or lack of preparedness, expertise, or diligence by the service provider can increase the organizational time and energy required to complete the service.

Risks:

The IRS has increased scrutiny for certain R&D tax credits that come from unlikely businesses or outside the range of normal for the industry. Improper claims can result in forfeiture of the credit, additional interest, and penalties.

 

Risk Timing:

IRS audits most likely happen, if at all, 1-3 years from the date filed.

 

Process:

Business provides service provider with requested documentation. Service provider speaks with requested personnel at the Business. Service provider calculates the credit and delivers substantiating report. Tax credit claimed on tax return and/or amended tax return filed to claim refund.

 

Common Industries:

Automotive, Consumer goods, Aviation & Aerospace, Retail & eCommerce, Food & Beverages, Medical devices, Biotechnology, Oil & Energy, Financial services, Telecommunications, Renewables & Environment, Apparel & Fashion, Logistics & Supply Chain, Craft beer companies, Cannabis companies, Farmers & agriculture, Advertising/Marketing analytics, and Logistics.

 

Authorities For Further Research:

Internal Revenue Code §41; Audit Techniques Guide: Credit for Increasing Research Activities.

 

 

State

Commercial Property Value Reassessment & Appeal

 
 

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International

Transfer Pricing

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Foreign Bank Account and Foreign Financial Asset Reporting

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State Specific
Legal service Providers are individually responsible for limiting their Proposal responses to Requests For Proposals for legal services in jurisdictions where the legal service Provider is licensed to practice law in order to avoid the unauthorized practice of law.

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Federal

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Import/Export

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Employment Contracts

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Accounting & Bookkeeping

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Virtual or Fractional CFO (Chief Financial Officer)

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Bookkeeping

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Forensic Accounting

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Audit

Financial Audits

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Information Systems Audits

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Investigations

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IT & Cyber Security

SOC 2 Compliance

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Virtual CISO (Chef Information Services Officer)

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Cyber Security Consulting

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CMMC Compliance

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Penetration Testing

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Managed Detection and Response (MDR)

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Network Security Monitoring

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Business Consulting

Inventory Management

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Service Request or Update
Notify of Engagement

Employment Contract Drafting

179D Energy Efficiency Tax Deduction

Cost Segregation

IRS Audit Monitoring

IRS Penalty Abatement

R&D Tax Credit – Federal

Commercial Property Value Reassessment & Appeal

Transfer Pricing

Bankruptcy

Import, Export, Customs

Business Formation

Non-Disclosure Agreement (NDA)

Cash Flow Analysis

Virtual or Fractional CFO (Chief Financial Officer)

Financial Reporting

Bookkeeping

Forensic Accounting

Financial Audit

Information Systems Audit

Compliance Audit

Investigation

Inventory Management

SOC 2 Compliance

Virtual or Fractional CISO (Chief Information Services Officer)

Cyber Security Consulting

CMMC Compliance

Penetration Testing

Managed Detection and Response (MDR)

Network Security Monitoring

Foreign Bank Account and Foreign Financial Asset Reporting

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