Jeremy concludes the three-part series by examining the remaining four fringe benefits from IRC Section 132—qualified transportation, moving expense reimbursements, retirement planning services, and military base realignment benefits—many of which have been significantly limited by recent tax legislation. He also covers achievement awards, athletic facility exclusions, and provides essential guidance on accountable plans, explaining the three critical requirements employers must follow to ensure expense reimbursements remain tax-free for employees while maintaining deductibility for the business.

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Jeremy continues his series on IRC Section 132 fringe benefits, focusing on working condition fringes and de minimis benefits—two categories that help employees be more productive or boost workplace morale. From company vehicle mileage tracking and employer-provided cell phones to why office snacks are excludable but gift cards never are, this episode clarifies which everyday workplace benefits can legally avoid taxation. Jeremy emphasizes the critical importance of documentation and explains the strict substantiation requirements that apply to many of these benefits.

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https://www.steadfastbookkeeping.com

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Section 132 allows employers to provide certain fringe benefits tax-free, but only if they follow specific rules. Jeremy breaks down no additional cost services, like airline employees flying on empty seats, and qualified employee discounts, explaining the 20% cap on services and the gross profit limitation on products. He covers the critical "line of business" requirement, who qualifies as an employee beyond current workers, and why highly compensated employees face stricter rules.

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https://www.steadfastbookkeeping.com

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Jeremy explores the hobby loss rule through the landmark case of artist Susan Crile, who successfully defended her art business against IRS claims despite reporting losses in nearly all of 25 years. The episode breaks down the nine-factor test used to determine whether an activity has a genuine profit motive, examining how professional conduct, record-keeping, and business decisions matter more than consistent profitability. This case offers crucial lessons for practitioners working with creative professionals, startups, and any clients going through extended periods without turning a profit.

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https://www.linkedin.com/in/jwellstax
https://www.steadfastbookkeeping.com

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Jeremy wraps up his two-part series on S corporation terminations by diving into what happens after an election ends, whether intentional or inadvertent. He explains the IRS's relief procedures for common mistakes like violating the one-class-of-stock rule, the crucial five-year waiting period before re-electing, and why a terminated S corp doesn't just revert back to an LLC but becomes a C corporation instead. The discussion includes real tax court cases and the specific steps needed to clean up termination issues before the IRS discovers them.

• (00:00) - Introduction and Recap of Part One
• (01:40) - Three Ways to Terminate an S Election
• (03:30) - Administrative Dissolutions at the State Level
• (08:00) - What Happens After S Election Termination
• (13:10) - Inadvertent Terminations Explained
• (17:00) - The One Class of Stock Rule
• (21:30) - Maggard v. Commissioner Tax Court Case
• (26:20) - Profit Interests and Phantom Equity Problems
• (29:40) - IRS Relief for Inadvertent Terminations
• (34:30) - Revenue Procedure 2022-19
• (39:20) - Missing S Election Acceptance Letters
• (42:00) - Filing the Wrong Return Type
• (44:10) - Six Areas of Relief Without a PLR
• (47:10) - Short Year Returns and Pro Rata Allocation
• (51:30) - The Five-Year Rule Explained
• (54:20) - Reverting from C Corp Back to LLC Status
• (56:50) - Final Thoughts and Episode Wrap-Up

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Jeremy breaks down the three ways an S-corporation election can terminate: voluntary revocation (including the lesser-known withdrawal option from the IRM), ceasing to qualify as a small business corporation, and excessive passive investment income. He walks through the specific mechanics of each termination method, from shareholder consent requirements to the 100-shareholder limit and the one-class-of-stock rule.

Connect with Jeremy
https://www.linkedin.com/in/jwellstax
https://www.steadfastbookkeeping.com

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Jeremy dives into the often-overlooked legal requirements for taxpayer recordkeeping under IRC Section 6001, explaining why accurate books aren't just nice to have: they're mandatory. He breaks down the Cohan rule (and why it's widely misunderstood), explores how good recordkeeping can shift the burden of proof to the IRS under Section 7491, and offers practical ways tax professionals can encourage better client recordkeeping without becoming bookkeepers themselves.

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Jeremy concludes his three-part series on losses by examining IRC Section 1033, the tax code's provision for what happens after you replace property lost to casualty, theft, or government condemnation. When clients receive insurance payouts or condemnation proceeds, they face a critical decision: recognize the gain immediately or defer it by purchasing qualifying replacement property within specific timeframes. Jeremy breaks down the "similar use" requirements, the two to four year replacement periods depending on property type, and how basis carries over to help clients avoid unexpected tax bills when bad things force them to start over.

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• (00:00) - Welcome to Tax in Action
• (00:19) - Recap of Previous Episodes
• (00:53) - Involuntary Conversions Explained
• (04:06) - Case Study: Jessica's Print Shop
• (05:41) - Defining Involuntary Conversions
• (07:01) - Government Seizures and Condemnations
• (07:36) - Court Cases and Legal Precedents
• (20:27) - Replacement Property Rules
• (35:10) - Special Rules for Principal Residences
• (50:11) - State Tax Law Considerations
• (54:09) - Conclusion and Final Thoughts

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This podcast is a production of the Earmark Media