ESTATE & TAX PLANNING
New laws will affect estimates, LLC taxes
STATE BUDGET SEEKS CASH FROM BUSINESSES WITH ACCELERATED PAYMENTS
Monday, January 12, 2009
BY JENNA V. LOCEFF
BUSINESS JOURNAL STAFF REPORTER
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NORTH BAY – When Governor Arnold Schwarzenegger signed the 2008-2009 California budget in September of last year, some changes to legislation were made that will affect how businesses will file taxes this year.
When looking into tax planning this year, California business owners should be aware the increased percentage of estimated taxes due for the first two quarters of 2009 as well as a double hit to Limited Liability Companies in terms of payments of their gross receipt tax.
Prior to this legislation, individuals and corporations that make estimated tax payments did so on a quarterly basis, paying 25 percent of their estimated yearly tax at the end of each quarter. In 2009, however, 30 percent of estimated tax will be due for the first two quarters and the remaining 40 percent will be due in 20 percent payments at the end of the third and fourth quarters.
“It is one way to get more money to
the government up front,” said Chris Paris, a senior manager for Burr Pilger Mayer, an accounting firm in Santa Rosa. With the budgetary problems California is having, it is necessary for as much revenue to come in as soon as possible. In November of last year, the legislature estimated the budget deficit would grow to $42 billion over the next 18 months.
Legislation also changed to help California’s fiscal problems with an adjustment for LLCs regarding their gross receipts tax.
Previously, the gross receipt tax has been due April 15 of the year following fiscal years ending Dec. 31.
So a company would file its taxes for the previous year on April 15.
To create an infusion of cash into the California budget, this is changing for 2009.
As usual, on April 15 of this year an LLC will owe the gross receipt tax for 2008. But this year, companies will also be liable for their estimated gross receipt tax for 2009 on June 15 instead of April 15 of next year.
This means that within two months qualifying companies will have to pay both their 2008 and 2009 gross receipt taxes. There will not be a separate filing requirement. When a company’s CPA calculates the gross receipt tax for 2008, they can assume the amount will be similar to that of 2009, and the client can simply write a check and send it in by June 15, according to Mr. Paris.
“It would really only have an impact if the client is not informed about this,” Mr. Paris said. “This is going to be an inconvenience but not the end of the world for these companies.”