Ted R. Batson, Jr.
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CharitablePlanning.com Author
Biography
A certified public accountant and licensed attorney, Ted advises exempt organizations of all sizes on a wide range of issues, including tax and employee benefit related matters, representation before state and federal tax authorities, and assistance with firm audit or advisory engagements to formulate advice and counsel on important operating and tax issues. Ted also assists clients with general tax issues, unrelated business income, charitable solicitation, compensation planning and reporting, and missionary employment structures.
In addition to tax advisory services, Ted also leads the firm's tax preparation practice, including IRS Forms 990 and 990-T and related state forms.
Prior to joining CapinCrouse, Ted served as Executive Vice President of Professional Services at Renaissance Administration LLC.
Commentary
First Look at Applying for PPP Loan Forgiveness
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There is nothing more important right now to many charities and their donors than the SBA loan available under the CARES Act, and the ability for the borrower to obtain forgiveness of the loan. Details about the forgiveness process were uncertain until May 15, 2020, when the SBA and IRS released the Paycheck Protection Program Loan Forgiveness Application and accompanying schedules and instructions.
Our friend, Ted Batson at CapinCrouse, a nation-wide accounting firm, discusses the forgiveness issue and addresses matters IRS and SBA have yet to clarify.
Charitable Remainder Trusts and the "Simplified Method" for Reporting the Section 1411 Net Investment Income Tax
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In 2010, Congress enacted the Health Care and Education Reconciliation Act of 2010, creating new IRC § 1411, which imposes a 3.8% surtax on the net investment income of individuals, estates, and trusts. In December 2012, the IRS issued proposed regulations that included a method (the Simplified Method) for charitable remainder trust (CRT) trustees to capture and report net investment income to the trust's non-charitable income beneficiaries. Final regulations issued in December 2013 took a different approach, but in new proposed regulations issued at the same time, the Simplified Method was retained as an alternative election.
The Simplified Method works as a complement to the pre-existing "four-tier" structure used by CRTs for income tax reporting. Under the Simplified Method, all net investment income (NII) received after December 31, 2012, is aggregated on a cumulative basis and distributed before excluded income. A trustee should consider electing the Simplified Method when the trust's income beneficiaries do not meet the applicable modified adjusted gross income threshold or when the trust has realized or realizable capital losses coupled with a short expected remaining term.
Six Ways to Use CRTs with Small Business Owners
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According to IRS statistics, small businesses represent nearly one-third of the value of affluent decedents' estates. CRT planning for small business owners is a critical capability for any gift planning shop. This article describes several CRT options that benefit the small business owner by increasing lifetime cash flow, increasing cash flow and business control to the next generation, increasing employee benefits, and increasing charitable gifts.
Unpacking the Paycheck Protection Program Flexibility Act