The COVID-19 relief package that Congress agreed to last month provides many useful tax breaks, but accountants are also wondering about the applicability of some of the breaks, such as claiming restaurant meals as business deductions.
Evan Morgan, director of tax services at Top 100 Firm Kaufman Rossin, is advising his small-business clients to take advantage of various tax credits and extenders, including the Employee Retention Tax Credit, the Work Opportunity Tax Credit, the Health Coverage Tax Credit, and the five-year extension of the New Markets Tax Credit at $5 billion per year.
“A lot of things were extended,” he said. “This is a big package of extensions. Some items were extended for one year and some items were extended for five years.”
Allyson is the founder of Women Who Tech, which brings together 10,000+ diverse engineers, entrepreneurs, startup founders, investors, and industry leaders who are transforming the world and inspiring change through technology. As founder, she has produced several Women Who Tech TeleSummits packed with the most inspiring tech changemakers, disruptors, and startup entrepreneurs, ranging from Arianna Huffington, founder of Huffington Post, to Rashmi Sinha, co-founder of SlideShare, acquired by LinkedIn.
In 2015, Allyson launched the Women Startup Challenge in partnership with Craig Newmark, founder of craigslist, the Craig Newmark Philanthropic Fund, and Craig Newmark Foundation, to help fund and showcase women-led startups focused on solving problems for people, businesses, and the planet. Since its inception, the Women Startup Challenge has launched four pitch competitions across the U.S. and one in Europe, with 1700+ applications and over $1 million raised in cash and prizes for women-led ventures.
Allyson is also the cofounder of Rad Campaign, one of the top web agencies that has helped hundreds of organizations, advocacy campaigns, and philanthropists build hard-hitting campaigns, compelling websites, and data visualizations focused on increasing advocacy, donations, and community engagement. Her campaigns have been recognized with several prestigious web awards and featured on several top media networks ranging from CNN to NPR to BuzzFeed, and the Daily Show with Jon Stewart.
Allyson has been named one of the “Most Influential Women in Tech” by Fast Company, a “Tech Titan” by the Washingtonian, and “one of the top 30 women entrepreneurs to follow on Twitter” by Forbes for her leadership roles in technology.
Craig Newmark is Web pioneer, philanthropist, and leading advocate on behalf of trustworthy journalism, voting rights, veterans and military families, and other civic causes. In 2017, he became a founding funder and executive committee member of the News Integrity Initiative, administered by the CUNY Graduate School of Journalism, which seeks to advance news literacy and increase trust in journalism.
In 2016, he created the Craig Newmark Foundation to promote investment in organizations that effectively serve their communities and drive broad civic engagement at the grassroots level. Amid growing concerns about the proliferation of “fake news” in the course of the presidential campaign, one of the foundation’s first donations went to the Poynter Institute to create the Craig Newmark Chair in Journalism Ethics. Newmark is widely credited for his leadership in promoting “news we can trust.”
After working at IBM as an engineer for nearly twenty years, Craig became a consultant to major firms like Charles Schwab, and in 1995 as the Internet was starting to take-off, he began curating a list of San Francisco arts and technology events he personally emailed to friends and colleagues. People were soon calling it "Craig's List,” and when Craig turned it into a company, he monetized it only minimally, opting for a business model that prioritized "doing well by doing good." Today more than 5 billion ads have been posted on the site, the vast majority for free. While Craig remains chairman of craigslist, he has not been involved in management since 2000. He continues to serve as a customer service rep so that he can stay connected to the community of craigslist users.
In 2012, Craig was inducted into the Internet Hall of Fame. He was named “Nerd-in-Residence” by the Department of Veterans Affairs Center for Innovation in 2013. In 2015, craigslist received an award from the FBI in recognition of its undisclosed cooperation with the Bureau in combatting human trafficking.
Craig serves on the board of directors of a range of nonprofits including: journalism organizations (Center for Public Integrity, Columbia Journalism Review, Poynter Foundation, Sunlight Foundation); veterans organizations (Blue Star Families, Iraq and Afghanistan Veterans of America, Vets In Tech); women’s groups (Girls Who Code, Women in Public Service Project) and consumer organizations (Consumers Union/Consumer Reports). In addition, he serves on the advisory boards of nearly twenty other nonprofit organizations including, DonorsChoose, EFF, New America Foundation, Voto Latino, Wikimedia Foundation, Women Who Tech, and many others.
Born in Morristown, New Jersey in 1952, Craig earned degrees in computer science from Case Western Reserve University. He lives in San Francisco and enjoys bird- and squirrel-watching, science fiction, TV, and Dad jokes.
Craig communicates regularly through his own blog at craigconnects.org and through Facebook, Twitter, LinkedIn, Medium, and HuffPost. He also travels the country speaking about issues and appearing on behalf of organizations he supports.
The five-year extensions will help provide more certainty for tax planning with clients. “Our issue for the last several years is that Congress comes up with these last-minute tax plans, and it’s very difficult for clients that want to plan anything more than three to six months in advance,” said Morgan. “It’s very difficult to do appropriate tax planning, because we’re never sure what Congress is going to do. There’s a lot of uncertainty now about some of the proposals that President-elect Biden has discussed on the campaign trail and whether those are going to happen or not. We really don’t know.”
The package includes a short-term extension on sick leave and family leave, but not for long. “The employer credit for paid sick and family leave was set to expire in 2020, but it was extended to March 31, 2021, and then the Employee Retention Tax Credit, compensation paid to a covered employee, is through June 30, 2021,” said Morgan. “Those are part of the extensions.”
Biden was scheduled to unveil his economic plans Thursday, and chances are that pressing issues like getting the COVID-19 pandemic under control will take priority over tax reform.
“That’s what I’ve been counseling clients who are afraid of retroactive tax increases. If there’s any more tax legislation, it’s going to be the middle of the year, easily, and I think it’s highly unlikely that they will make anything retroactive to Jan. 1, 2021, at that point,” said Morgan. “More likely, if there is some change, it would take effect in 2022.”
One tax break he is encouraging clients to look at is the charitable deduction. “A big item that affects both individuals and businesses is that they extended the change for charitable contributions, so people who don’t itemize their deductions can still take a $300 above-the-line charitable contribution deduction in 2021,” said Morgan. “Also for 2021, the AGI limitation on people who do itemize rises to 100 percent. That’s a pretty big one that’s going to affect a lot of people. People that give to charity will be able to get at least some benefit from it.”
There’s also a break for people who have to dip into their retirement accounts to pay for their current needs. “There’s a change to the penalty tax when people have to take money out of their retirement plans to live off their savings,” said Morgan. “If they can show it’s a qualified coronavirus-related distribution, they’re waiving the 10 percent penalty tax. They have three years to repay. If you take money out of your plan, you can either pick it up in income over three years or you can pay it back to your plan without having to pay tax on it.”
A more controversial provision in the stimulus deal is allowing businesses to write off the costs of meals and entertainment, which President Trump pushed as a priority for helping the ailing restaurant industry.
“In 2021 and 2022 we’re going back to 100 percent allowance for deductions for business meals,” said Morgan. “But they have to be served at a restaurant. I’m not exactly sure what that means at this point. For example, when you’re taking a client to a baseball game, to events and things like that, is that considered a restaurant?”
Howard Wagner, a partner in the Washington National Tax Practice at Top 10 Firm Crowe, has also been scrutinizing the temporary allowance of the full business meal deduction. “That is only for meals provided by a restaurant, so the question is what is the definition of a restaurant,” he said. “If you think of going to a restaurant in a traditional setting, absolutely. If you rent a suite at a sporting event and you’re billed separately for the food, does the catering operation at the baseball game count as a restaurant, or is that not a restaurant for purposes of the full deduction?”
He hopes to see further guidance from the IRS on exactly what venues will be permitted. “The question is, if I go to a hotel for a business meeting and I pay for the meals from the catering operation of the hotel, is that a restaurant?” said Wagner. “You’ve still got the ‘not lavish or extravagant’ standard in the Section 274 rules. When you start talking about people abusing it, this is kind of nibbling around the edges.”
