The Retirement Plan Startup Credit (Form 8881) provides a tax credit for small businesses that establish a new qualified retirement plan (401(k), SEP-IRA, SIMPLE IRA, or defined benefit plan). Under SECURE 2.0, businesses with 50 or fewer employees can claim 100% of eligible startup costs up to $5,000/year for the first 3 years — a maximum of $15,000 in total credits.

Eligible startup costs include: plan setup and administration fees, employee education and enrollment costs, and costs to set up payroll integration. The credit covers 100% of these costs for businesses with 50 or fewer employees, and 50% for businesses with 51-100 employees. Businesses with more than 100 employees do not qualify.

Yes — SECURE 2.0 added a $500/year credit for plans that include automatic enrollment features. This credit is available for the first 3 years of the plan and stacks on top of the startup cost credit. A plan with automatic enrollment can generate up to $16,500 in total credits over 3 years ($15,000 startup + $1,500 auto-enrollment).

No — the startup credit is only available for new plans. If you already have a retirement plan and want to add features (like automatic enrollment), you may qualify for the auto-enrollment credit but not the startup cost credit. The plan must be established for the first time to qualify for the startup credit.

The best plan depends on your goals: a Safe Harbor 401(k) avoids discrimination testing and allows maximum contributions for owner-employees; a SIMPLE IRA is easier to administer but has lower contribution limits; a SEP-IRA is easy to set up but requires proportional contributions for all eligible employees. Uncle Kam can model the contribution and tax savings for each option based on your payroll.

The ERC was a refundable payroll tax credit for businesses that retained employees during COVID-19 disruptions in 2020 and 2021. The credit was worth up to $5,000 per employee in 2020 and $21,000 per employee in 2021. The ERC program ended in September 2021, but businesses can still claim credits for 2020 and 2021 by filing amended payroll tax returns (Form 941-X). The statute of limitations for 2020 claims closed April 15, 2024; 2021 claims can still be filed through April 15, 2025.

Yes — after the Consolidated Appropriations Act of 2021, businesses can claim both PPP loan forgiveness and the ERC. However, you cannot use the same wages for both benefits. PPP forgiveness is based on payroll costs; the ERC is based on qualified wages not used for PPP forgiveness. Proper allocation of wages between the two programs is critical to maximizing both benefits.

There are two qualification tests: (1) the revenue decline test — a significant decline in gross receipts compared to the same quarter in 2019 (50% decline for 2020; 20% decline for 2021); or (2) the full or partial suspension test — a government order that fully or partially suspended your business operations due to COVID-19 (capacity restrictions, supply chain disruptions, etc.). You only need to meet one test per quarter.

For 2020: 50% of qualified wages up to $10,000 per employee for the year = maximum $5,000 per employee. For 2021 (Q1-Q3): 70% of qualified wages up to $10,000 per employee per quarter = maximum $21,000 per employee for the year. A business with 10 employees could potentially claim $210,000 in 2021 ERC credits alone.

In September 2023, the IRS announced a moratorium on processing new ERC claims due to concerns about fraudulent claims promoted by aggressive ERC mills. The IRS has since resumed processing but is conducting enhanced scrutiny of all claims. Legitimate businesses with valid ERC claims should work with a qualified tax professional to document their eligibility and file properly. The IRS has also offered a Voluntary Disclosure Program for businesses that received improper ERC payments.

An HRA is an employer-funded account that reimburses employees for qualifying medical expenses and health insurance premiums tax-free. The employer deducts the reimbursements as a business expense; the employee receives them tax-free. There are several types: the Qualified Small Employer HRA (QSEHRA) for businesses with fewer than 50 employees, the Individual Coverage HRA (ICHRA) with no size limit, and the traditional group health plan HRA.

A QSEHRA (Qualified Small Employer HRA) is available to businesses with fewer than 50 full-time employees that do not offer a group health plan. Contribution limits apply (approximately $6,350 for self-only coverage, $12,800 for family coverage in 2026). An ICHRA (Individual Coverage HRA) has no size limit and no contribution limits, but employees must be enrolled in individual health insurance (not a group plan) to participate.

S-Corp owners who own more than 2% of the company are treated as self-employed for health insurance purposes and cannot participate in a QSEHRA on a tax-free basis. However, they can participate in an ICHRA if the S-Corp includes the HRA reimbursements in their W-2 wages, and then deduct the premiums as a self-employed health insurance deduction on Schedule 1. The net result is a deduction for the full cost of health insurance.

Yes — HRAs can reimburse any qualifying medical expense under IRS Publication 502, which includes dental care, vision care, prescription drugs, mental health services, and many other out-of-pocket medical costs. The specific expenses covered depend on the HRA plan document, which the employer controls.

An HSA (Health Savings Account) is owned by the employee, funded by both the employer and employee, and requires enrollment in a High-Deductible Health Plan (HDHP). An HRA is funded solely by the employer, does not require an HDHP, and is not portable (funds generally do not follow the employee if they leave). HSAs offer a triple tax advantage (pre-tax contributions, tax-free growth, tax-free withdrawals for medical expenses); HRAs offer a double tax advantage (employer deduction, employee tax-free reimbursement).

As a sole proprietor, you pay 15.3% self-employment tax on all net profits. As an S-Corp owner, you pay yourself a reasonable salary (subject to payroll taxes) and take the remaining profit as a distribution — which is not subject to self-employment tax. On $150,000 in profit, this can save $10,000–$20,000/year.

The IRS requires S-Corp owner-employees to pay themselves a "reasonable compensation" — roughly what you would pay a third party to do your job. The IRS looks at industry benchmarks, the services you provide, and the profitability of the business. Underpaying yourself is a major audit trigger.

The S-Corp election typically makes financial sense when your net self-employment income exceeds $50,000–$60,000/year. Below that threshold, the administrative costs (payroll processing, additional tax filings) often exceed the SE tax savings.

Yes. An LLC can elect to be taxed as an S-Corp by filing IRS Form 2553. The LLC retains its legal structure while being treated as an S-Corp for tax purposes. This is one of the most common and effective tax elections for small business owners.

S-Corps require running payroll, filing quarterly payroll tax returns, and paying additional accounting fees. They also have restrictions: no more than 100 shareholders, all shareholders must be US citizens or residents, and only one class of stock is allowed. For most small businesses, the tax savings far outweigh these administrative requirements.