2024: The Year of Transparency – Unveiling Hidden Layers of Business

Introduction: A New Era of Business Transparency

In 2024, the corporate world is witnessing a revolutionary shift towards transparency. This year marks a significant transformation in how businesses operate, interact with society, and uphold accountability. The Corporate Transparency Act (CTA), digital transaction monitoring, and other regulatory changes are altering the legal landscape and reshaping corporate America’s ethos.

As we embark on this journey to visibility, we delve into the impacts and implications of these transformative changes.

The Corporate Transparency Act (CTA): A Catalyst for Change

The CTA compels businesses to disclose their beneficial ownership. This move seeks to combat illicit activities like tax fraud and money laundering in the U.S. The Act requires companies to submit a Beneficial Ownership Information (BOI) Report detailing the identities of individuals with significant control over the company.

The legislation requires even tiny family-owned businesses to disclose identifying details about anyone with substantial ownership or control over the company. Companies formed with the expectation of shareholder anonymity for asset protection are now reconsidering their structures.

Family businesses that existed before January 1, 2024, have until the end of 2024 to report the information. This transparency is a double-edged sword: it reduces illegal activities and imposes new administrative burdens on businesses. For these companies, navigating the new compliance terrain involves adapting to heightened scrutiny and managing additional reporting requirements.

The Joint-Employer Rule: Navigating New Labor Relations

The National Labor Relations Board’s revised joint-employer rule expands the definition of a “joint employer,” impacting businesses and employees. The new final rule faithfully grounds the joint-employer standard in established common-law agency principles.

Under the new standard, an entity may be considered a joint employer of a group of employees if each entity has an employment relationship with the employees and they share or codetermine one or more of the employees’ essential terms and conditions of employment, which are defined exclusively as:

(1) wages, benefits, and other compensation;

(2) hours of work and scheduling;

(3) the assignment of duties to be performed;

(4) the supervision of the performance of duties;

(5) work rules and directions governing the manner, means, and methods of the performance of duties and the grounds for discipline;

(6) the tenure of employment, including hiring and discharge; and

(7) working conditions related to the safety and health of employees.

This rule presents a new frontier of labor relations for small businesses, where they must be more mindful of their partnerships and the associated labor implications. It’s a shift towards a more inclusive understanding of employment relations but also adds layers of complexity to business operations. Businesses must now navigate this new terrain, balancing their growth aspirations with the realities of expanded liabilities and responsibilities.

The National Labor Relations Board extended the effective date of its recent rule on determining the standard for joint-employer status to February 26, 2024, to facilitate the resolution of legal challenges concerning the rule.

Resource planning will need to better account for wages and overtime.

Wages and Overtime Regulations: The Financial Implications

The upcoming wage changes and overtime rules signify a significant shift in employment standards. The Department of Labor’s proposed regulation, which raises the salary threshold for overtime eligibility, aims to extend overtime protections to millions of workers.

The Fair Labor Standards Act (FLSA) contains the federal overtime provisions. Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular pay rates.

There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest unless overtime is worked on such days.

This change is poised to profoundly impact business finances, particularly for small and medium-sized enterprises. Businesses will reassess their staffing models, compensation structures, and operational budgets. While the regulation is a step towards fairer labor practices, it also presents a challenge regarding increased labor costs and potential restructuring of workforce strategies.

Classification Regulations: The Legal Implications

This final rule addresses how to determine whether a worker is classified correctly as an employee or independent contractor under the Fair Labor Standards Act (FLSA or Act). The final rule reiterates that part 795 contains the Department of Labor’s general interpretations for determining whether workers are employees or independent contractors under the FLSA.

Further, it reiterates that economic dependence is the ultimate inquiry, meaning that a worker is an independent contractor as opposed to an employee under the Act if the worker is, as a matter of economic reality, in business for themself. The final rule explains that the economic reality test comprises factors that are tools or guides to conduct the totality-of-the-circumstances analysis to determine economic dependence.

The six factors described in the regulatory text should guide an assessment of the economic realities of the working relationship. Still, no one factor or subset of factors is necessarily dispositive. The six economic reality factors include:

opportunity for profit or loss depending on managerial skill,
investments by the worker and the potential employer,
the degree of permanence of the work relationship,
the nature and degree of control,
the extent to which the work performed is an integral part of the potential employer’s business, and
skill and initiative.

Following longstanding precedent and guidance, consider other factors relevant to economic dependence. Misclassification can result in ruinous penalties, according to the Department of Labor.

Digital Transactions: Under the IRS’s Watchful Eye

Based on feedback from taxpayers, tax professionals, and payment processors, the Internal Revenue Service delayed the new $600 Form 1099-K reporting threshold requirement for third-party payment organizations for tax year 2023 and is planning a threshold of $5,000 for 2024 to phase in the new law.

The IRS revenue initiative to monitor digital transactions creates a burden for taxpayers.

The IRS’s decision to monitor digital transactions over $600 signifies a move towards greater financial transparency. This revenue initiative is part of the broader effort to ensure fair tax practices and to curb financial malpractices. This threshold translates into more stringent record-keeping and reporting for small businesses and gig economy workers.

Every digital transaction becomes a piece in the vast mosaic of financial transparency. While this measure promotes fiscal accountability, it also raises concerns about privacy and the administrative load on businesses. As companies grapple with these changes, they find themselves at a crossroads where financial transparency intersects with operational practicality.

Form 1099-K is a report of payments you received for goods or services during the year from:

Credit, debit, or stored value cards such as gift cards (payment cards)
Payment apps or online marketplaces, also called third-party settlement organizations or TPSOs

These organizations must complete Form 1099K and send copies to the IRS and you. Do not report payments received from family and friends on Form 1099-K.

Selling personal items at a loss

If taxpayers sold at a loss, which means they paid more for the items than they sold them for, they’ll be able to zero out the payment on their tax return by reporting both the payment and an offsetting adjustment on Form 1040, Schedule 1.

Selling personal items at a gain

If items sold at a gain, which means they paid less than they sold it for, they will have to report that gain as income, and it’s taxable.

If you receive a Form 1099-K for a personal item sold at a gain, report it on both:

Redefining Small Business Loans: Striving for Equality

The new reporting requirements for small business loans aim to reduce discrimination and enhance transparency in the loan process. Banks will report granular demographics and income of loan applicants, creating a comprehensive lending database of small businesses.

This initiative is particularly significant for women and minority-owned businesses, which have historically faced challenges securing loans. The statutory purposes are to (1) facilitate enforcement of fair lending laws and (2) enable communities, governmental entities, and creditors to identify business and community development needs and opportunities of women-owned, minority-owned, and small businesses.

While this move promises a fairer playing field, it also brings apprehensions about the loan process becoming more cumbersome. This transformation in loan reporting is a balancing act between fostering equality and maintaining operational efficiency for companies and lenders.

Covered financial institutions must comply with the final rule beginning October 1, 2024, April 1, 2025, or January 1, 2026, as outlined in § 1002.114(b).

Conclusion: Embracing the Wave of 2024 Changes

As we navigate through 2024, the year of transparency, it is evident that these transformations are reshaping the essence of business operations. The journey from opacity to transparency is not just compliance requirements; it’s a cultural shift that demands reevaluating how businesses operate. This transformation story is about adapting to change, balancing the scales of justice and efficiency, and embracing the new norms of corporate conduct. It is a story that continues to unfold, shaping the future of business in ways we are only beginning to comprehend.

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As a proud supporter of American companies, Certitude Security® is working diligently to define the specific points of truth. Together with business and technical leaders, we facilitate essential asset protection priorities for companies throughout the United States.