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                                Countdown is                                        their	 pay-for-performance	 	 rograms	 to	 the	 federal	 meaningful-use	
                                                                                    criteria.
                                                                                                                    p

                                                                                        For	the	Medicaid	incentive,	providers	have	until	2016	to	begin	the	

1...                            on to apply                                         program	and	still	receive	the	full	bonus	of	$63,750	over	six	years.	Other	
                                                                                    notable	 differences	 between	 the	 Medicaid	 and	 Medicare	 incentive	

                                for incentive
                                                                                    programs	include	eligibility	and	state-imposed	requirements.
                                                                                        For	more	detailed	information	on	the	Medicaid	incentive	program,	
                                                                                    visit	 www.cms.gov/ehrincentiveprograms	 and	 your	 state	 health	

                                program                                             department.
                                                                                        Physicians	choosing	to	participate	
                                                                                    in	 the	 Medicare	 incentive	 program	             Inside
                                                      Medicare	 Electronic	
                                                                                    who	 want	 to	 receive	 the	 maximum	
                                                      Health	Record	Incen-
                                                                                    benefit	–	up	to	$44,000	paid	out	over	
                                                      tive	 Program	 is	 on	
                                                                                    five	years	–	must	initiate	participation	
                                                                                                                                       Spring 2011
                                                      the	 launching	 pad.	
                                                                                    this	 year	 or	 no	 later	 than	 2012.	 The	 ➜	 etirement plan is a crucial
                                                                                                                                     	
                                                                                                                                     R
                                                      Whether	 you	 choose	
                                                                                    maximum	 amount	 of	 the	 incentive	
                                                      to	 jump	 on	 board	 or	
                                                                                    payment	 is	 reduced	 with	 each	 suc-
                                                                                                                                     part of tax planning
                                                      take	 a	 wait-and-see	
                                                                                    ceeding	year,	and	2014	is	the	last	year	 ➜	 hysicians can take
                                                                                                                                     	
                                                                                                                                     P
                                approach	 depends	 on	 your	 individual	
                                                                                    a	 physician	 can	 begin	 to	 qualify	 for	
                                circumstances.
                                                                                    the	Medicare	incentive	program.
                                                                                                                                     advantage of new
                                   Registration	for	the	incentive	program	                                                           tax breaks
                                                                                        The	amount	of	the	annual	payment	
                                began	 in	 January.	 Attestation	 begins	 in	
                                                                                    is	tied	to	charges	billed.	To	receive	the	
                                April	 2011,	 with	 the	 first	 of	 five	 annual	
                                                                                    $18,000	available	to	those	starting	this	
                                payments	to	doctors	to	be	made	in	May.
                                   For	Medicaid	providers,	incentives	will	
                                                                                    year	 or	 next,	 a	 physician	 must	 bill	 at	
                                                                                    least	 $24,000	 in	 Medicare-allowed	
                                                                                                                                       Inside
                                be	paid	by	the	states.	All	states	could	have	
                                                                                    charges.	All	eligible	physicians	in	a	practice	can	apply	for	the	incentive,	
                                begun	their	programs	in	January.	However,	
                                                                                    provided	each	physician	individually	meets	the	meaningful	EHR	use	
                                many	 have	 chosen	 to	 delay	 their	 launch	
                                                                                    criteria	and	billing	threshold.
   Physicians choosing to       dates.
 participate in the Medicare
                                    While	the	incentives	may	not	cover	the	         Registration requirements
                                costs	 of	 purchasing	 and	 implementing	 a	           Those	 seeking	 the	 stimulus	 money	 must	 register	 on	 the	 EHR	
incentive program who want      certified	 electronic	 health	 record	 (EHR)	       Incentive	 Program	 website	 at	 www.cms.gov/ehrincentiveprograms.	
  to receive the maximum        system,	 eligible	 providers	 who	 do	 not	         To	register,	eligible	physicians	must:
                                meet	 meaningful	 use	 of	 EHRs	 by	 2015	             ▲	 	 ave	a	National	Provider	Identifier	
                                                                                           H
    benefit must initiate       face	 reduced	 Medicare	 payments	 under	              ▲	 	 e	enrolled	in	the	Internet-based	Provider	Enrollment,	Chain	
                                                                                           B
 participation this year – or   an	American	Recovery	and	Reinvestment	                     and	Ownership	System	
                                Act	 (ARRA)	 penalty	 provision.	
     no later than 2012.        Additionally,	 some	 insurers	 are	 linking	
                                                                                       ▲	 	 se	certified	EHR	technology
                                                                                           U
                                                                                                                               See Incentive program on back


                                   A financial and management bulletin to physicians and medical practices from:




                                                           CERTIFIED PUBLIC ACCOUNTANTS
                                           3330 W. Esplanade Avenue • Suite 100 • Metairie, Louisiana 70002
                                              (504) 838-9991 • Fax: (504) 833-7971 • www.kl-cpa.com
Retirement
                                                                           operates	at	a	loss	or	experiences	cash	flow	difficulties.	Also,	if	
                                                                           the	 plan	 suffers	 investment	 setbacks,	 you	 may	 have	 to	 make	




     plan
                                                                           higher	contributions	to	fund	the	promised	retirement	benefits.
                                                                               However,	if	your	practice	has	only	a	few	employees,	estab-
                                                                           lishing	a	pension	plan	can	be	a	good	way	to	put	away	substantial	
                                                                           cash	for	your	future	retirement.
                                                                               The	annual	pension	amount	is	limited	to	the	lesser	of	100	
                                                                           percent	 of	 the	 retiree’s	 average	 compensation	 for	 his	 or	 her	
                                                                           three	 highest	 compensation	 years	 or	 an	 inflation-adjusted	
                                                                           base	amount	($195,000	for	2011).
                                                                           Defined contribution plans
                                                                              With	 a	 defined	 contribution	 plan,	 the	 trust	 maintains	 a	




      crucial part
                                                                           separate	account	for	each	employee.	Each	year,	the	employer	
                                                                           contributes	 a	 specified	 amount	 to	 each	 account.	 The	 yearly	

     is a                                                                  contribution	for	each	employee	is	limited	to	the	lesser	of	100	
                                                                           percent	of	annual	compensation	or	an	inflation-adjusted	base	
                                                                           amount	 ($49,000	 in	 2011).	 The	 employer’s	 tax	 deduction	 is	

     of tax planning                                                       generally	limited	to	25	percent	of	compensation	expense.
                                                                              Defined	contribution	plans	may	take	several	forms.
                                                                              Profit-sharing	 plans	 are	 those	 under	 which	 employers	     	




P
                                                                           contribute	 a	 percentage	 of	 current	 earnings	 to	 a	 retirement	
                                                                           trust.	Employers	have	no	obligation	to	contribute	in	loss	years.
         robably	the	most	significant	tax	planning	tool	available	
                                                                              Section	401(k)	plans	are	also	described	as	salary	reduction	
         to	 physicians	 and	 other	 medical	 professionals	 is	 the	
                                                                           plans	 or	 cash-or-deferred	 plans.	 Under	 these	 plans,	 each	
         qualified	retirement	plan.
                                                                           employee	defines	his	or	her	own	contribution	by	authorizing	
             The	opportunity	to	put	aside	money	that	has	not	
                                                                           the	 employer	 to	 divert	 some	 amount	 of	 current	 salary	 into	
been	taxed	and	invest	those	savings	in	a	tax-deferred	manner	
                                                                           retirement	savings.	In	2011,	the	maximum	compensation	that	
can	go	a	long	way	toward	providing	a	comfortable	retirement	
                                                                           most	 employees	 can	 contribute	 to	 a	 401(k)	 plan	 is	 $16,500.	
for	you	and	the	other	employees	in	your	medical	practice.
                                                                           Employees	age	50	and	over	can	contribute	up	to	$22,000.	
   You	can	choose	among	an	array	of	retirement	savings	plans	
                                                                                                                   See Retirement plan on page 3
authorized	 by	 the	 tax	 law,	 collectively	 described	 as	 “qualified	
retirement	 plans.”	 While	 the	 technical	 requirements	 vary,	 all	
qualified	plans	offer	two	common	benefits:
   1.	 Monies	contributed	to	the	plan	are	not	taxed	currently.
   2.	 Earnings	 generated	 by	 plan	 investments	 are	 not	 taxed	
until	distributed.
   If	you’re	an	employee	of	your	medical	practice,	your	plan	
must	 satisfy	 a	 formidable	 list	 of	 requirements,	 which	 reflect	
two	underlying	policy	objectives:
   1.	The	 plan	 should	 carry	 minimum	 risk	 for	 participating	
employees.	To	meet	this	objective,	the	law	requires	that:
    ▲		 lans	be	written,	permanent	arrangements	administered	
      P
      in	trust	form	by	an	independent	trustee
    ▲		 lans	be	funded	by	employers	transferring	cash	or	other	
      P
      valuable	property	to	the	trust
    ▲		 mployees	 have	 a	 nonforfeitable	 (vested)	 right	 to	 100	
      E
      percent	of	their	retirement	benefits	after	no	more	than	
      seven	years	of	service	with	the	employer
    2.	The	plan	should	provide	equitable	benefits	to	all	partici-
pating	employees.	Accordingly,	if	you	aren’t	the	only	employee	
of	 your	 medical	 practice,	 the	 others	 must	 receive	 comparable	
benefits	under	the	plan.
Defined benefit pension plans
   With	a	pension	plan,	employers	make	annual	tax-deductible	
contributions	 based	 on	 the	 actuarially	 determined	 cost	 of	
future	retirement	benefits.	As	a	result,	your	medical	practice	
may	 be	 required	 to	 make	 contributions	 in	 a	 year	 in	 which	 it	

2                                                        Spring 2011 Your Healthy Practice
Physicians can take advantage of new tax breaks
       December’s	 passage	 of	 the	 Tax	 Relief,	 Unemployment	            between	Jan.	1,	2010,	and	Dec.	31,	2010.	In	addition,	a	new	
    Insurance	 Reauthorization	 and	 Job	 Creation	 Act	 of	 2010,	         provision	allows	taxpayers	to	deduct	100	percent	of	qualified	
    extending	 the	 Bush	 tax	 cuts,	 and	 the	 Small	 Business	 Jobs	      property	placed	in	service	after	Sept.	8,	2010,	and	before	
    Act	 signed	 into	 law	 last	 September	 offer	 some	 significant	      Jan.	1,	2012.
    tax	breaks,	beginning	with	the	2010	tax	year.                              First-year	 depreciation	 deduction	 limits	 for	 passenger	
                                                                            automobiles	also	were	increased.	
    Expensing                                                               Physicians	 can	 deduct	 $11,060	
       A	jobs	act	provision	increases	the	expensing	deduction	              for	 new	 passenger	 vehicles	
    limit	(Section	179	of	the	tax	code)	for	business	equipment	             acquired	and	placed	into	service	
    purchased	 and	 placed	 into	 service	 during	 2010	 and	 2011.	        in	2010.
    Practices	 can	 deduct	 up	 to	 $500,000	 worth	 of	 qualified	            Practices	 planning	 to	 add	
    purchases,	 such	 as	 new	 or	 used	 electronic	 equipment,	        	   fixed	 assets	 should	 discuss	 the	
    furniture	and	fixtures.	This	deduction	doubles	the	immediate	           tax	 opportunities	 available	 this	
    write-off	that	would	have	applied	in	2010	and	increases	the	            year	with	their	tax	advisers.
    amount	from	$25,000	to	$500,000	for	2011.	The	tax	relief	
    act	increases	expensing	limits	from	$25,000	to	$125,000	for	            Other provisions
    2012.                                                                      Some	IRS	rules	were	loosened	
       In	 addition,	 for	 the	 first	 time,	 qualified	 real	 property,	   by	the	jobs	act.	For	example,	the	
    including	leasehold	improvement	property,	can	be	expensed	              act	removes	cell	phones	from	the	
    up	to	$250,000	of	the	total	$500,000.	So,	physicians	leasing	           definition	 of	 listed	 property	
    space	 may	 take	 an	 immediate	 deduction	 on	 expenses	               beginning	 with	 the	 2010	 tax	
    related	to	remodeling	offices	during	2010.	The	rule	applies	            year.	 This	 means	 physicians	 no	
    for	qualified	real	property	placed	in	service	during	2010	or	           longer	 have	 to	 pay	 taxes	 on	 limited	 personal	 use	 of	 cell	
    2011.	                                                                  phones	provided	by	the	practice.
       Whether	to	take	an	immediate	deduction	or	to	spread	                    To	increase	federal	revenues,	the	act	includes	some	new	
    the	cost	of	qualified	purchases	over	several	years	depends	             reporting	 requirements.	 Those	 who	 receive	 rental	 income	
    on	your	specific	situation.	While	accelerating	deductions	              from	real	property	must	report	to	the	IRS	any	payments	of	
    can	lower	your	tax	bite	in	2010	and	2011,	spreading	write-              $600	or	more	that	are	made	to	service	providers	in	connec-
    offs	could	have	tax	advantages	should	future	tax	rates	rise	            tion	with	the	property	beginning	with	2011.	Penalties	were	
    significantly.	 Therefore,	 it	 is	 important	 to	 discuss	 with	       increased	significantly	for	failure	to	file	required	information	
    your	tax	adviser	which	strategy	works	best	for	you.                     returns	to	payees	and	to	the	IRS	in	a	timely	manner.
                                                                               A	 similar	 provision	 in	 the	 healthcare	 act	 requires	
    Depreciation rules                                                      employers,	beginning	in	2012,	to	complete	a	1099	tax	form	
       “Bonus	depreciation,”	which	expired	at	the	end	of	2009,	             whenever	they	spend	$600	on	goods	and	services,	including	
    was	extended	with	an	additional	plus.	Taxpayers	can	deduct	             payments	to	corporations.
    50	 percent	 of	 the	 cost	 of	 qualified	 property	 –	 generally,	        For	more	information	on	the	impact	of	the	tax	relief	and	
    furniture,	 fixtures	 and	 equipment	 –	 placed	 in	 service	           jobs	acts,	consult	your	tax	adviser.	–	Irene E. Lombardo


Retirement plan continued from page 2
   A	 safe-harbor	 401(k)	 plan	 is	 not	 subject	 to	 the	 complex	        Qualified plans for the self-employed
annual	 nondiscrimination	 tests	 that	 apply	 to	 traditional	                Self-employed	individuals,	including	partners	in	a	medical	
401(k)	plans.	It	must	provide	for	employer	contributions	that	              partnership,	can	make	annual	payments	to	a	Keogh	plan.	Keogh	
are	 fully	 vested	 when	 made.	 These	 contributions	 may	 be	             plans	 can	 be	 either	 defined	 benefit	 or	 defined	 contribution	
employer	matching	contributions,	limited	to	employees	who	                  plans.	
defer,	or	employer	contributions	made	on	behalf	of	all	eligible	               Individuals	who	own	defined	contribution	Keogh	plans	can	
employees,	regardless	of	whether	they	make	elective	deferrals.              invest	the	lesser	of	100	percent	of	self-employment	income	or	
Simplified employee pensions                                                an	inflation-adjusted	base	amount	($49,000	in	2011)	each	year.
   The	 simplified	 employee	 pension	 (SEP)	 plan	 is	 arguably	              If	 a	 self-employed	 person	 with	 a	 Keogh	 plan	 hires	 an	
the	 easiest	 retirement	 plan	 for	 a	 small	 business	 to	 put	 into	     employee,	 the	 employee	 must	 be	 provided	 with	 a	 qualified	
practice.	The	plan	requires	very	little	paperwork,	is	extremely	            retirement	plan	with	benefits	similar	to	those	available	to	the	
flexible	and	does	not	require	the	approval	of	the	IRS.                      self-employed	individual	under	the	Keogh	plan.
   SEPs	work	very	much	like	individual	retirement	accounts	but	                                           ✸✸✸
with	higher	contribution	limits.	Employers	can	contribute	up	to	               Visit	your	tax	adviser	to	discuss	how	qualified	retirement	
the	lesser	of	25	percent	of	annual	compensation	or	an	inflation-            plans	 can	 offer	 significant	 tax	 advantages	 to	 both	 you	 and	
adjusted	amount	($49,000	in	2011)	into	this	type	of	plan.                   your	employees.	–	Michael Redemske, CPA	

                                                         Spring 2011 Your Healthy Practice                                                        3
Incentive program continued from front                                   Physician agreements
                                                                            Incentive	 payments	 will	 be	 sent	 to	 individual	 physicians,	
   ▲	 	 rovide	 a	 Taxpayer	 Identification	 Number	 to	 which	
      P                                                                  not	to	the	practice.	The	program	allows	eligible	providers	to	
      payments	will	be	applied                                           reassign	incentive	payments	to	their	employers.	But	reassign-
   ▲	 	 elect	to	participate	in	either	the	Medicare	or	Medicaid	
      S                                                                  ment	is	not	required	even	if	the	employer	bore	all	the	costs	of	
      incentive	program                                                  purchasing	and	implementing	EHR	technology.
                                                                            Additionally,	a	provider	who	works	for	multiple	employers	
Attestation and payment                                                  may	choose	to	reassign	payment	to	only	one	employer.	ARRA	
   The	 Centers	 for	 Medicare	 &	 Medicaid	 Services	 (CMS)	 will	      does	 not	 provide	 any	 guidance	 or	 criteria	 for	 determining	
not	be	able	to	receive	data	from	certified	EHRs	in	2011.	To	receive	     which	one	should	receive	payment.
an	incentive	payment	this	year,	physicians	must	attest	in	writing	          As	a	result,	practices	that	expect	to	recover	incentive	money	
to	using	a	certified	EHR	and	meeting	the	objectives	associated	          need	to	be	clear	on	how	the	payments	for	their	physicians	will	
with	meaningful	use	for	a	consecutive	90-day	period.                     be	handled.	Practices	should	review	and,	if	necessary,	amend	
   Those	who	do	not	start	the	program	until	2012	or	later	will	          their	 provider	 contracts	 or	 develop	 an	 agreement	 specifically	
need	to	show	meaningful	use	for	a	full	year.	False	attestation	          covering	incentive	payments.
can	 lead	 to	 fraud	 charges.	 Under	 the	 Health	 Information	
Technology	 for	 Economic	 and	 Clinical	 Health	 (HITECH)	              Tax implications
Act,	civil	penalties	can	range	from	$250,000	to	$1.5	million.               As	the	saying	goes,	“There	is	no	such	thing	as	a	free	lunch.”	
   Physicians	who	have	registered,	attested	and	been	approved	           Incentive	payments	will	be	taxed	as	income.
can	expect	to	receive	their	Medicare	incentive	payments	once	               According	 to	 the	 Health	 and	 Human	 Services	 website,	
they	 have	 met	 the	 $24,000	 threshold	 for	 2011.	 The	 payment	      nothing	in	the	law	excludes	such	payments	from	taxation	or	
will	 be	 made	 electronically	 to	 the	 bank	 account	 a	 physician	    specifies	the	payments	as	tax-free	income.	You	should	consult	
currently	 uses	 for	 Medicare	 claim	 payments.	 Physicians	 can	       your	 tax	 adviser	 about	 how	 to	 report	 payments	 properly.	 –	
track	the	status	of	their	incentive	payments	online.                     Irene E. Lombardo

                                                            Your Healthy Practice
The technical information in this newsletter is necessarily brief. No final conclusion on these topics should be drawn without
further review and consultation. Please be advised that, based on current IRS rules and standards, the information contained herein is
not intended to be used, nor can it be used, for the avoidance of any tax penalty assessed by the IRS.           © 2011 CPAmerica International




                                                                                                   CERTIFIED PUBLIC ACCOUNTANTS

                                                                                                          3330 W. Esplanade Avenue
                                                                                                                 Suite 100
                                                                                                         Metairie, Louisiana 70002

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Your Healthy Practice 2011

  • 1. 3... 2... Countdown is their pay-for-performance rograms to the federal meaningful-use criteria. p For the Medicaid incentive, providers have until 2016 to begin the 1... on to apply program and still receive the full bonus of $63,750 over six years. Other notable differences between the Medicaid and Medicare incentive for incentive programs include eligibility and state-imposed requirements. For more detailed information on the Medicaid incentive program, visit www.cms.gov/ehrincentiveprograms and your state health program department. Physicians choosing to participate in the Medicare incentive program Inside Medicare Electronic who want to receive the maximum Health Record Incen- benefit – up to $44,000 paid out over tive Program is on five years – must initiate participation Spring 2011 the launching pad. this year or no later than 2012. The ➜ etirement plan is a crucial R Whether you choose maximum amount of the incentive to jump on board or payment is reduced with each suc- part of tax planning take a wait-and-see ceeding year, and 2014 is the last year ➜ hysicians can take P approach depends on your individual a physician can begin to qualify for circumstances. the Medicare incentive program. advantage of new Registration for the incentive program tax breaks The amount of the annual payment began in January. Attestation begins in is tied to charges billed. To receive the April 2011, with the first of five annual $18,000 available to those starting this payments to doctors to be made in May. For Medicaid providers, incentives will year or next, a physician must bill at least $24,000 in Medicare-allowed Inside be paid by the states. All states could have charges. All eligible physicians in a practice can apply for the incentive, begun their programs in January. However, provided each physician individually meets the meaningful EHR use many have chosen to delay their launch criteria and billing threshold. Physicians choosing to dates. participate in the Medicare While the incentives may not cover the Registration requirements costs of purchasing and implementing a Those seeking the stimulus money must register on the EHR incentive program who want certified electronic health record (EHR) Incentive Program website at www.cms.gov/ehrincentiveprograms. to receive the maximum system, eligible providers who do not To register, eligible physicians must: meet meaningful use of EHRs by 2015 ▲ ave a National Provider Identifier H benefit must initiate face reduced Medicare payments under ▲ e enrolled in the Internet-based Provider Enrollment, Chain B participation this year – or an American Recovery and Reinvestment and Ownership System Act (ARRA) penalty provision. no later than 2012. Additionally, some insurers are linking ▲ se certified EHR technology U See Incentive program on back A financial and management bulletin to physicians and medical practices from: CERTIFIED PUBLIC ACCOUNTANTS 3330 W. Esplanade Avenue • Suite 100 • Metairie, Louisiana 70002 (504) 838-9991 • Fax: (504) 833-7971 • www.kl-cpa.com
  • 2. Retirement operates at a loss or experiences cash flow difficulties. Also, if the plan suffers investment setbacks, you may have to make plan higher contributions to fund the promised retirement benefits. However, if your practice has only a few employees, estab- lishing a pension plan can be a good way to put away substantial cash for your future retirement. The annual pension amount is limited to the lesser of 100 percent of the retiree’s average compensation for his or her three highest compensation years or an inflation-adjusted base amount ($195,000 for 2011). Defined contribution plans With a defined contribution plan, the trust maintains a crucial part separate account for each employee. Each year, the employer contributes a specified amount to each account. The yearly is a contribution for each employee is limited to the lesser of 100 percent of annual compensation or an inflation-adjusted base amount ($49,000 in 2011). The employer’s tax deduction is of tax planning generally limited to 25 percent of compensation expense. Defined contribution plans may take several forms. Profit-sharing plans are those under which employers P contribute a percentage of current earnings to a retirement trust. Employers have no obligation to contribute in loss years. robably the most significant tax planning tool available Section 401(k) plans are also described as salary reduction to physicians and other medical professionals is the plans or cash-or-deferred plans. Under these plans, each qualified retirement plan. employee defines his or her own contribution by authorizing The opportunity to put aside money that has not the employer to divert some amount of current salary into been taxed and invest those savings in a tax-deferred manner retirement savings. In 2011, the maximum compensation that can go a long way toward providing a comfortable retirement most employees can contribute to a 401(k) plan is $16,500. for you and the other employees in your medical practice. Employees age 50 and over can contribute up to $22,000. You can choose among an array of retirement savings plans See Retirement plan on page 3 authorized by the tax law, collectively described as “qualified retirement plans.” While the technical requirements vary, all qualified plans offer two common benefits: 1. Monies contributed to the plan are not taxed currently. 2. Earnings generated by plan investments are not taxed until distributed. If you’re an employee of your medical practice, your plan must satisfy a formidable list of requirements, which reflect two underlying policy objectives: 1. The plan should carry minimum risk for participating employees. To meet this objective, the law requires that: ▲ lans be written, permanent arrangements administered P in trust form by an independent trustee ▲ lans be funded by employers transferring cash or other P valuable property to the trust ▲ mployees have a nonforfeitable (vested) right to 100 E percent of their retirement benefits after no more than seven years of service with the employer 2. The plan should provide equitable benefits to all partici- pating employees. Accordingly, if you aren’t the only employee of your medical practice, the others must receive comparable benefits under the plan. Defined benefit pension plans With a pension plan, employers make annual tax-deductible contributions based on the actuarially determined cost of future retirement benefits. As a result, your medical practice may be required to make contributions in a year in which it 2 Spring 2011 Your Healthy Practice
  • 3. Physicians can take advantage of new tax breaks December’s passage of the Tax Relief, Unemployment between Jan. 1, 2010, and Dec. 31, 2010. In addition, a new Insurance Reauthorization and Job Creation Act of 2010, provision allows taxpayers to deduct 100 percent of qualified extending the Bush tax cuts, and the Small Business Jobs property placed in service after Sept. 8, 2010, and before Act signed into law last September offer some significant Jan. 1, 2012. tax breaks, beginning with the 2010 tax year. First-year depreciation deduction limits for passenger automobiles also were increased. Expensing Physicians can deduct $11,060 A jobs act provision increases the expensing deduction for new passenger vehicles limit (Section 179 of the tax code) for business equipment acquired and placed into service purchased and placed into service during 2010 and 2011. in 2010. Practices can deduct up to $500,000 worth of qualified Practices planning to add purchases, such as new or used electronic equipment, fixed assets should discuss the furniture and fixtures. This deduction doubles the immediate tax opportunities available this write-off that would have applied in 2010 and increases the year with their tax advisers. amount from $25,000 to $500,000 for 2011. The tax relief act increases expensing limits from $25,000 to $125,000 for Other provisions 2012. Some IRS rules were loosened In addition, for the first time, qualified real property, by the jobs act. For example, the including leasehold improvement property, can be expensed act removes cell phones from the up to $250,000 of the total $500,000. So, physicians leasing definition of listed property space may take an immediate deduction on expenses beginning with the 2010 tax related to remodeling offices during 2010. The rule applies year. This means physicians no for qualified real property placed in service during 2010 or longer have to pay taxes on limited personal use of cell 2011. phones provided by the practice. Whether to take an immediate deduction or to spread To increase federal revenues, the act includes some new the cost of qualified purchases over several years depends reporting requirements. Those who receive rental income on your specific situation. While accelerating deductions from real property must report to the IRS any payments of can lower your tax bite in 2010 and 2011, spreading write- $600 or more that are made to service providers in connec- offs could have tax advantages should future tax rates rise tion with the property beginning with 2011. Penalties were significantly. Therefore, it is important to discuss with increased significantly for failure to file required information your tax adviser which strategy works best for you. returns to payees and to the IRS in a timely manner. A similar provision in the healthcare act requires Depreciation rules employers, beginning in 2012, to complete a 1099 tax form “Bonus depreciation,” which expired at the end of 2009, whenever they spend $600 on goods and services, including was extended with an additional plus. Taxpayers can deduct payments to corporations. 50 percent of the cost of qualified property – generally, For more information on the impact of the tax relief and furniture, fixtures and equipment – placed in service jobs acts, consult your tax adviser. – Irene E. Lombardo Retirement plan continued from page 2 A safe-harbor 401(k) plan is not subject to the complex Qualified plans for the self-employed annual nondiscrimination tests that apply to traditional Self-employed individuals, including partners in a medical 401(k) plans. It must provide for employer contributions that partnership, can make annual payments to a Keogh plan. Keogh are fully vested when made. These contributions may be plans can be either defined benefit or defined contribution employer matching contributions, limited to employees who plans. defer, or employer contributions made on behalf of all eligible Individuals who own defined contribution Keogh plans can employees, regardless of whether they make elective deferrals. invest the lesser of 100 percent of self-employment income or Simplified employee pensions an inflation-adjusted base amount ($49,000 in 2011) each year. The simplified employee pension (SEP) plan is arguably If a self-employed person with a Keogh plan hires an the easiest retirement plan for a small business to put into employee, the employee must be provided with a qualified practice. The plan requires very little paperwork, is extremely retirement plan with benefits similar to those available to the flexible and does not require the approval of the IRS. self-employed individual under the Keogh plan. SEPs work very much like individual retirement accounts but ✸✸✸ with higher contribution limits. Employers can contribute up to Visit your tax adviser to discuss how qualified retirement the lesser of 25 percent of annual compensation or an inflation- plans can offer significant tax advantages to both you and adjusted amount ($49,000 in 2011) into this type of plan. your employees. – Michael Redemske, CPA Spring 2011 Your Healthy Practice 3
  • 4. Incentive program continued from front Physician agreements Incentive payments will be sent to individual physicians, ▲ rovide a Taxpayer Identification Number to which P not to the practice. The program allows eligible providers to payments will be applied reassign incentive payments to their employers. But reassign- ▲ elect to participate in either the Medicare or Medicaid S ment is not required even if the employer bore all the costs of incentive program purchasing and implementing EHR technology. Additionally, a provider who works for multiple employers Attestation and payment may choose to reassign payment to only one employer. ARRA The Centers for Medicare & Medicaid Services (CMS) will does not provide any guidance or criteria for determining not be able to receive data from certified EHRs in 2011. To receive which one should receive payment. an incentive payment this year, physicians must attest in writing As a result, practices that expect to recover incentive money to using a certified EHR and meeting the objectives associated need to be clear on how the payments for their physicians will with meaningful use for a consecutive 90-day period. be handled. Practices should review and, if necessary, amend Those who do not start the program until 2012 or later will their provider contracts or develop an agreement specifically need to show meaningful use for a full year. False attestation covering incentive payments. can lead to fraud charges. Under the Health Information Technology for Economic and Clinical Health (HITECH) Tax implications Act, civil penalties can range from $250,000 to $1.5 million. As the saying goes, “There is no such thing as a free lunch.” Physicians who have registered, attested and been approved Incentive payments will be taxed as income. can expect to receive their Medicare incentive payments once According to the Health and Human Services website, they have met the $24,000 threshold for 2011. The payment nothing in the law excludes such payments from taxation or will be made electronically to the bank account a physician specifies the payments as tax-free income. You should consult currently uses for Medicare claim payments. Physicians can your tax adviser about how to report payments properly. – track the status of their incentive payments online. Irene E. Lombardo Your Healthy Practice The technical information in this newsletter is necessarily brief. No final conclusion on these topics should be drawn without further review and consultation. Please be advised that, based on current IRS rules and standards, the information contained herein is not intended to be used, nor can it be used, for the avoidance of any tax penalty assessed by the IRS. © 2011 CPAmerica International CERTIFIED PUBLIC ACCOUNTANTS 3330 W. Esplanade Avenue Suite 100 Metairie, Louisiana 70002