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Effective 6/1/2011, FL Minumum Wage Increases to $7.31 Per Hour

The Florida minimum wage is $7.31 per hour, effective June 1, 2011. Florida law requires the Agency for Workforce Innovation to calculate an adjusted minimum wage rate each year.  The annual calculation is based on the percentage change in the federal  Consumer Price Index for urban wage earners and clerical workers in the South Region for the 12-month period prior to September 1, 2010.

On November 2, 2004, Florida voters approved a constitutional amendment which created Florida's minimum wage.  The minimum wage applies to all employees in the state who are covered by the federal minimum wage.

Employers must pay their employees the hourly state minimum wage for all hours worked in Florida.  The definitions of "employer", "employee", and "wage" for state purposes are the same as those established under the federal Fair Labor Standards Act (FLSA).  Employers of "tipped employees" who meet eligibility requirements for the tip credit under the FLSA, may count tips actually received as wages under the Florida minimum wage.  However, the employer must pay "tipped employees" a direct wage.  The direct wage is calculated as equal to the minimum wage ($7.31) minus the 2003 tip credit ($3.02), or a direct hourly wage of $4.29 as of June 1, 2011.

Employees who are not paid the minimum wage may bring a civil action against the employer or any person violating Florida's minimum wage law.  The state attorney general may also bring an enforcement action to enforce the minimum wage.  FLSA information and compliance assistance can be found at: http://www.dol.gov/dol/compliance/comp-flsa.htm.

Florida Statutes require employers who must pay their employees the Florida minimum wage to post a minimum wage notice in a conspicuous and accessible place in each establishment where these employees work.  This poster requirement is in addition to the federal requirement to post a notice of the federal minimum wage.  Florida's minimum wage poster is available for downloading in English and Spanish from the Agency for Workforce Innovation's website at: http://www.floridajobs.org/workforce/posters.html.    

The federal poster can be downloaded from the U.S. Department of Labor's website at: http://www.dol.gov/whd/regs/compliance/posters/flsa.htm.  


Poor Mileage Log Prevents Deduction for Car Expenses

 

In order to deduct the cost of driving a car or truck for business, the tax law requires adequate substantiation. This means keeping a log or record of the date, business purpose, and mileage for each trip.

 

One couple had three vehicles, a Suburban, a Mercedes-Benz, and a Cadillac. They claimed that the Suburban was used for personal driving, he used the Mercedes exclusively for business, and she used the Cadillac exclusively for business. They had three businesses and filed three Schedule Cs; the wife claimed $16, 177.50 for 43,140 business miles driven for a mortgage business, and the husband wrote off $19,162.50 for 51,100 business miles driven for a real estate business (no mileage was claimed for the third business). They each kept a mileage log on an Excel spread sheet showing the date and odometer reading for each day.

 

The court rejected the mileage logs as unreliable. The logs included substantial mileage entries for numerous holidays and, on a daily basis, showed average driving of several hundred miles. Also, the logs were too vague, failing to provide specific addresses for business locations visited.

 

The Tax Court held that deductible business miles were overstated and nondeductible commuting and other personal miles were understated. The couple claimed that every trip, including going to the grocery store, was for business. The husband said that he would converse in the meat department and hand out business cards. In the words of the court: “We find petitioner’s theorem regarding the transmutation of nondeductible personal into deductible business expenses through kinesis to be so fundamentally flawed that we reject it without further discussion.”

 

Your Income Tax, 43.11

Willie J. Moore et ux., TC Summary Opinion 2010-102

 

New Office Update

We officially opened in our new location on July 1, 2010. The new office is much roomier and looks so much nicer. Check back soon, as we will be announcing our grand opening celebration & open house (planning for January 2011).


Front of building with new paint.
(Graham Painting 239-898-1196)


Inside the front lobby.


The completed lobby floor.
(Distinctive Tile & Marble, LLC 239-440-0644)



View from the front entry.


From the back of the office looking toward the front lobby.


This is one of two offices that had to be tiled.
(Distinctive Tile & Marble, LLC 239-440-0644)


This is the second of the two offices being tiled.
(Distinctive Tile & Marble, LLC 239-440-0644)



The kitchen.


More of the kitchen.


Front half of 2nd floor. We're currently repainting (1/5/11).


Back half of 2nd floor. We're currently repainting (1/5/11).

WARNING to Friends & Clients!


Don't be fooled by the increasing number of offers for FREE, EASY, home-based computer programs to prepare your own tax returns. The marketing information suggests that "anyone can do it" or "maximum refund guaranteed." Are these statements really true?

1040 Clients - Individual Tax Returns
First of all, when you go to use the free programs, you will often find that you do not qualify for the free program because your return is "too complex." After you have spent the time entering what you hope is correct information, you will be required to enter your credit card information to e-file the return.

Taxes aren't written in everyday English; we call it tax-ease. Words in tax forms, programs, and instructions don't always mean what you think they mean. If you make a mistake, misinterpret, or leave something out, it is your fault. The IRS charges the tax due, plus penalties, plus interest! The IRS says that it is the taxpayer's responsibility to know that the return they filed is correct. If you file only one tax return per year, don't read all of the instructions, and didn't research the IRS code, how will you know that what you e-filed is correct?

Recently, in tax court, a taxpayer requested a reduction of penalties because they had relied on their tax software. The IRS rejected their request because, according to the tax court, the taxpayer is 100% responsible for knowing that what the tax program printed was correct. That taxpayer paid the tax, plus penalties and interest on the full amount.

This year, with so many foreclosures, short sales, cancellations of debt, unemployment, and retirement plan distributions, tax returns will not be easy to complete correctly. With so many changes this year, are you ready to file a completely correct tax return without the help of a qualified tax professional?

Business Owners
The rules for business tax returns are very different and very complicated compared to a personal tax return (1040).

Partnerships, corporations, and S-Corporations have filing deadlines as early as March 15th! Until recently, the penalties and interest for filing late returns were moderate.

However, for 2008 and 2009, the penalties can be up to $90 per partner/shareholder, per month, for up to twelve months! (That's over $1000 per owner, per year!)

For 2010, the penalties will increase to $195 per partner/shareholder, per month, for up to twelve months!

These penalties apply even if you didn't make any money or have any sales. Unfortunatley, "I didn't know" or "I don't have any money" are not acceptable excuses in the IRS's eyes.

Either you follow the rules (that you may not understand) or the IRS could bankrupt you!

If you currently own a business and are behind in filing your taxes, contact us immediately! We can help. If you recently started a business or are thinking of starting one, please contact us for a complimentary, no obligation "New Business 101" conversation. We will answer your questions and help you understand your business requirements and responsibilities before it's too late.

CNN Money: News/Economy
Feb 22, 2012 04:10PM

http://money.cnn.com/rssclick/news/economy/?section=money_news_economy

Feb 22, 2012 12:37PM

Mitt Romney's plan to cut your taxes

In a switch to a more aggressive tax plan, Mitt Romney said Wednesday that he now favors cutting marginal tax rates for individuals by 20%.

Feb 22, 2012 12:51PM

Obama: Slash corporate tax breaks

After more than a year in the making, the Obama administration on Wednesday released its plan to overhaul the corporate tax code.

Feb 22, 2012 01:31PM

Consumer bureau targets overdraft fees

The new consumer bureau said Wednesday that it plans to target a kind of bank fee that makes customers see red: Overdraft protection penalty fees on checking accounts.

Feb 22, 2012 07:31AM

Economy in recovery? Not so fast

Employers are hiring, manufacturing is revving up and stocks are rallying. It looks like the recovery could finally be taking hold.

Feb 22, 2012 04:10AM

Fannie, Freddie legal fees: $110 million and counting

A watchdog agency said Wednesday that the legal tab for former leaders of mortgage finance giants Fannie Mae and Freddie Mac is at least $110 million.

© 2012 Cable News Network LP, LLLP.

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