For years, economic theories have lingered safely in the pages of textbooks and the echo chambers of academia. Some are brilliant, others half-baked, and many haven’t faced the reality of real-world implementation. That’s changing. And in some sectors, fast.

Take Modern Monetary Theory (MMT), for instance. It argued that governments that issue their own currency could spend freely to stimulate the economy without triggering inflation. In 2020, that theory got its trial by fire. Massive pandemic-era spending flooded the economy with cash. What followed wasn’t the utopia MMT proponents promised—it was inflation. Relentless, persistent inflation. By 2022, inflation had spiked to 40-year highs, real wages were squeezed, and central banks scrambled to slam the brakes. MMT? It disappeared from serious policy discourse almost overnight.

Now, another textbook idea is stepping into the ring: tariffs.

Standard economic theory asserts that tariffs on imported goods raise prices for consumers, slow growth, and hurt international trade— a classic inefficient and inflationary policy. However, proponents of tariffs point to other factors at play when tariffs are applied to imported goods. For example, higher prices can be deflationary because less money would be left over to buy other goods and services, resulting in less demand. As the old saying goes, “The remedy for higher prices is higher prices.” On the other hand, tariffs can encourage onshore manufacturing and result in more U.S. jobs and lower unemployment, which is inflationary. And so, the debate goes round and round.

Recently, in his April 2nd speech in honor of Liberation Day, President Trump levied sweeping tariffs on friend and foe countries.

The rationale? Tariffs would protect U.S. industry, create domestic jobs, and reduce dependence on foreign supply chains, particularly in strategic sectors like semiconductors and medicine.

Will this cause inflation, as many economists predict? That’s yet unknown. The stock market has definitely taken it personally, reacting with a ~19% correction in the U.S. large-cap S&P 500 at its lowest point.

Early signs point to significant disruptions in trade activity. The most recent GDP report released on April 30th showed that imports surged by 41.3%, led by a 50.9% increase in goods. This spike was largely attributed to importers rushing to bring in goods ahead of the newly announced tariffs — essentially front-running the policy shift.

At the same time, we’re hearing increasing reports that many importers have since canceled upcoming orders, hoping that the tariffs will eventually be reduced and aiming, in the interim, to avoid the added costs.

While these developments caused immediate distortions in trade flows, the long-term impact remains to be seen. Much will depend on how businesses adapt and how tariff policies evolve in the coming months.

Meanwhile, broader economic ideas are also being tested in real time. Will government spending keep GDP buoyant, or will looming debt and deficit concerns start dragging down growth? Are proposed budget cuts a prudent move or a politically motivated gambit triggering economic fallout?

Some analysts even argue that Trump-aligned policymakers are intentionally trying to induce a mild recession, betting that it would force the Fed to cut rates and relieve pressure on government interest payments. That might sound clever in theory, but recessions don’t come with warning labels—and they don’t stay mild for long. Lower tax revenue, job losses, and confidence shock could make that strategy backfire badly.

This is no longer an academic exercise. The ideas scribbled on whiteboards in Economics 101 are being tested in real time, on real people, with real consequences. We’re no longer in the classroom. We’re in the lab, and the machines are set to high.

Let’s just hope someone’s watching the temperature.

This material has been prepared for informational purposes only and is not intended to provide or be relied upon for legal or tax advice. If you have any specific legal or tax questions regarding this content or related issues, please consult with your professional legal or tax advisor.

Back to industry updates

Tax-exempt and non-profit entities represent a significant source of capital in private equity investments. In November 2024, the NYS Common Retirement Fund (NYSCRF) committed nearly $3 billion to private equity investments and, as of June 2024, Yale allocated an estimated $18.6 billion of its $41.4 billion endowment to private equity and venture capital. Private equity investments can be beneficial for nonprofits, but they come with specific concerns and risks, one of which is that they can inadvertently generate Unrelated Business Taxable Income (UBTI).

A commonly used approach that often triggers UBTI exposure is the use of ‘management fee offset structures,’ a mechanism used to reduce investor fees. If not designed carefully, fee offset arrangements can result in substantial tax liabilities.

Despite this challenge, with strategic planning and precise structuring, fund managers can implement fee offset mechanisms and still mitigate the tax burden for their exempt investors.

UBTI in Private Equity

The IRS grants tax exemption to a variety of organizations, including charities and foundations, private pension funds, college and university endowments, individual retirement accounts (IRAs), and state and municipal institutions. However, these organizations remain liable for taxes on UBTI.

UBTI is defined as any gross income derived by a tax-exempt entity “from an unrelated trade or business that it regularly carries on,” less the deductions directly connected with that trade or business. Essentially, it is income that does not align with an organization’s tax-exempt purpose. Only passive income, including dividends, interest, capital gains, and certain real property rents are excluded and generally not defined as UBTI.

A real-world example of UBTI would be a tax-exempt hospital that runs a gift shop open to the public. The income derived from sales would likely be considered UBTI because selling gifts is not related to patient healthcare. By contrast, if a university owns stock in a manufacturing company and earns dividends, that income is not UBTI. It is deemed passive investment income; it is not sourced from active income that is unrelated to the university’s mission. The proceeds would be exempt from taxes.

Private equity and UBTI risk factors

Several common private equity activities can create UBTI for non-profit organizations. These include using leverage to make investments, investing in operating businesses structured as partnerships or LLCs, and implementing certain fee offset arrangements.

UBTI offsets work by finding permissible deductions or losses that can be applied against this taxable income.

Private equity firms typically charge investors two main fees:

Monitoring fees are charged to portfolio companies for oversight.

Management fees are charged to investors for fund management.

To avoid “double-dipping,” many private equity firms offer management fee offsets. They reduce management fees charged to investors based on a percentage of the monitoring fees collected from portfolio companies. Fee offsets appear deceptively simple, but in fact, require careful structuring to avoid UBTI implications.

UBTI is largely determined by how income is characterized. If monitoring fees are recognized as compensation for services rendered and they flow back to tax-exempt investors through offsets, they might be reclassified as UBTI.

Structuring solutions

Tax-exempt investors are well advised to work with fund managers to structure offset arrangements that avoid UBTI implications. The following strategies can achieve this:

Ensure that offsets are characterized as adjustments to management fees rather than distributions of monitoring fee income.

Use “blocker” entities: specialized legal structures that shield problematic income and the tax-exempt organization to absorb monitoring fees before they reach tax-exempt investors.

Carefully word partnership agreements to clarify that tax-exempt investors are not participating in service businesses.

Use completely different fee structures, like reduced management fees, from the start of the business relationship.

The Bottom line

UBTI for tax-exempt organizations is generally taxed at the corporate income tax rate (presently 21%), so the stakes can be high. Based on our experience with a wide range of tax-exempt clients, we’ve learned that, with careful structuring, it is possible to avoid initiating UBTI.

A tiered partnership structure that clearly separates income streams offers an elegant and effective solution to UBTI challenges. When the management company receives monitoring fees directly and the fund applies corresponding reductions to its management fees, services and proceeds remain separate and defined. In this way, tax-exempt investors enjoy fee reductions without directly participating in or receiving income from service activities that would trigger tax liability.

Maintaining this crucial distinction between service income and investment activity allows nonprofits a dual benefit: participation in private equity investment and protection from tax exposure.

This material has been prepared for informational purposes only, and is not intended to provide or be relied upon for legal or tax advice. If you have any specific legal or tax questions regarding this content or related issues, please consult with your professional legal or tax advisor.

Back to industry updates

“We’re making $3 billion a day.”

– President Trump, about his new tariffs plan.

The Trump administration would have you believe that the tariffs will be a massive moneymaker for the US government. White House trade adviser Peter Navarro claims that the U.S. will raise about $600 to $700 billion a year from tariffs, or $6-7 trillion over a decade. Add the proposed auto tariffs to that and he projects another $100 billion annually. Trump took an even stronger stance, claiming that tariffs have brought in $3 billion a day since he took office.

The administration may be relying on numbers issued by the U.S. Customs and Border Protection Agency which, on April 8, stated that it has collected over $200 million per day in “additional associated revenue” from 13 of Trump’s tariff-related executive actions that have been recently implemented under the new administration. According to a Treasury Department daily financial statement, as of April 15, the U.S. had received more than $2.3 billion in customs duties and excise taxes for the month.

These aggressive numbers cited by the administration have elicited considerable skepticism among economists. Some believe the estimates are overly optimistic, while most call “optimistic” a generous overstatement and instead describe the numbers as completely nonsensical. Navarro’s math translates into a little over $1.6 billion a day, with Trump’s $3 billion claim almost double that.

What is the methodology behind these calculations? Scrutinizing these projections through the lens of financial accounting and valuation principles gives us some surprising answers – some of which clash with the administration’s confident narrative.

A deeper dive into revenue

Tariffs are a big part of an even bigger picture. The Unites States economy is a complicated ecosystem of global trade, and tariff wars can trigger complex ripple effects such as reduced trade, international retaliation, and supply chain disruptions – all of which will compound already existing volatility.

Let’s take all those factors and break them down to their most simplistic components, treating them like asset and liability line items on a balance sheet.

First, let’s define how to categorize potential revenue and cost.

Assets (Potential Revenue):

Direct tariff collection from imported goods

Potential growth in domestic manufacturing tax base

Possible increased employment tax revenue

Liabilities (Costs):

Retaliatory tariffs reducing export markets

Supply chain disruptions increasing costs for U.S. businesses

Consumer price inflation depressing spending

Decreased import volume reducing tariff collection

Valuation Analysis: What will the tariff policy really cost?

Valuation concepts are used in financial analysis and capital budgeting to estimate the worth and pricing of businesses, assets, investments, securities, and intellectual property. They can help determine what creates or damages value. We can use valuation frameworks to weigh the tangible costs of tariff policies, such as increased import prices and retaliatory tariffs, against any anticipated economic gains.

We can look at opportunity costs, long-term return on investment, and how risk-adjusted cash flows may shift as the policies evolve. Essentially, we are analyzing tariffs as we would a major capital expenditure and scrutinizing, not only what it costs today, but what might be tomorrow’s added value.

We can apply valuation concepts to assess the tariff policy’s effectiveness:

Return on Investment Analysis

If we consider a $10 trillion market capitalization loss triggered by tariff implementation as the “investment cost,” the financial metrics can be surprising:

Payback Period: At $600 billion in annual revenue, it would take over 16 years to recover a $10 trillion market loss.

Internal Rate of Return (IRR): If we treat the $10 trillion loss as an investment to generate $600 billion in annual returns, the implied IRR is around 6% – well below the risk-adjusted return threshold for most ventures.

Comparison to Market Averages: Historically, the S&P 500 has averaged about 8% annual returns since 1928. By this standard, the tariff policy’s return, at 6%, underperforms the broader market.

Discounted Cash Flow (DCF): Using an 8% discount rate (reflecting market opportunity cost) the calculation looks like this:

$10 trillion (market loss) – $7.4 trillion (DCF value) = $2.6 trillion (value loss)

Based on discounted future tariff revenues, the market “overpaid” by $2.6 trillion compared to what those cash flows are worth today. According to standard capital budgeting principles, the tariff policy would destroy economic value rather than create it.

If we strip away the political oratory, focus strictly on the numbers, and apply standard financial analysis techniques used to evaluate corporate investments, Trump’s tariff initiatives do not add up as a strong financial strategy. The revenues generated by tariffs could easily be offset by broader economic losses, especially when benchmarked against long-term market performance. President Trump, as a successful businessman, surely understands this. We can speculate that the goal of his tariff strategy is to negotiate better terms and lessen America’s dependence on foreign nations, but the market has yet to reflect those potential benefits.

That said, many supporters argue that the value of tariff policy can’t be expressed solely as a profit and loss statement. The strategic goals that Trump hopes to address—securing stronger trade agreements, reinforcing national security, and rebalancing global alliances—are outside the scope of traditional valuation calculations. These goals have intangible benefits that cannot be easily quantified. The benefits of Trump’s strident tariff policies may not be visible in short-term stock prices or economic indicators, but they could lead to stronger strategic positioning further down the road.

Ultimately, the combination of rhetoric and hard numbers leaves investors, businesses, and taxpayers questioning whether tariffs are a sound financial strategy or a costly economic experiment – an answer that will only become clear with time.

Back to industry updates

Most of us are scared silly to talk about death and prefer to avoid estate planning. Others mistakenly think that estate planning only applies to the ultra-wealthy who want to minimize estate tax burdens. In reality, estate planning is a necessity for people of all economic levels; it is a comprehensive strategy that defines how assets and responsibilities will be handled if one is incapacitated or passes away.

Estate planning includes the creation of a will or testamentary trust, the appointment of guardians for dependents, and succession planning. Succession planning, more specifically, is crucial for business owners who want to ensure a seamless continuation of their business after their departure. Regardless of one’s age, succession isn’t optional. It’s your legacy’s insurance policy, and like any other insurance policy, you need it to protect against unexpected circumstances — even if it means facing the uncomfortable idea of your mortality.

A well-structured succession plan prepares a business for all contingencies to ensure operational stability. Often, a founder of a family business will dedicate years of hard work to build a thriving enterprise, yet no succession planning—or poor succession planning—can dismantle this legacy in mere hours due to sibling rivalry, internal disputes, or confusion following the founder’s departure. A study by the Family Business Institute found that only 30% of family-owned businesses survive into the second generation, while a mere 3% persist into the fourth generation. While founders may hope for harmony among heirs, wishful thinking alone cannot replace a well-structured succession process.

A recent study conducted by Ameriprise Financial found that 70% of sibling disputes and financial quarrels stem from inheritance issues and parental finances. Even if a business owner devises a seemingly straightforward succession plan, such as transferring the entire company to designated heirs, several complications may arise. First, the transfer of business interests may impact the lifetime estate and gift tax exemption, potentially affecting the inheritance of other siblings. Second, the timing of the transfer must be strategically planned. Lastly, a clear plan must delineate the specific beneficial owners of the business and their respective ownership stakes.

A proper succession plan requires meticulous development and consultation with estate law professionals. It must outline the transition process, define the sequence of control, select a successor or successors, establish a management plan post-owner departure, and determine the valuation method for shares or ownership interests. The sequence of control is particularly vital for closely held family businesses, ensuring clarity on decision-making processes in the event of the owner’s incapacitation or death.

We’ve all heard the horror stories of individuals experiencing memory loss being influenced and exploited to make unauthorized and unsavory business decisions. A well-drafted succession plan must explicitly define “capacity” and specify the individual or entity responsible for making this determination, whether a physician, a legal professional, or a member of the clergy.

An effective succession plan must also consider the delegation of authority within the business. While it may seem logical to grant control to all the children who work in the company, involving uninvolved family members in decision-making could lead to inefficiencies and conflicts. A business administrator tasked with obtaining approvals for routine operational decisions may struggle to perform essential duties, particularly if they require consent from parties with competing interests. However, it may be prudent to require a collective vote from all stakeholders for significant business decisions or structural changes.

Estate and succession planning are fundamental components of securing a legacy. A well-crafted succession plan protects the business and the family from uncertainty, ensuring that the founder’s lifetime of hard work doesn’t fall apart overnight and endures for future generations. With strategic planning and expert guidance, business owners can avoid disaster, preserve family harmony, and secure the future for generations to come.

Back to industry updates

Regulations around COVID-era tax programs were rolled out so fast and furious that accountants had to be on constant alert for updates and changes. So, it didn’t surprise us that the IRS has changed its mind regarding the proper reporting of the Employee Retention Credit (ERC). What is surprising, however, is how unceremoniously the IRS made an about-face on such a significant tax issue, acting as if that was its position all along. It all comes down to how to handle previously filed income tax returns for the periods when an ERC claim was submitted.

Many taxpayers previously struggled with the IRS policy that they must file an amended income tax return to correct their overreported wage expenses, even if the taxpayers haven’t received their money yet (see Notice 2021-20, Q&A 60, and Notice 2021-49, §IV(C) for example). The unwavering position of the IRS was that taxpayers were required to amend the return for the year in which the wage expense occurred, not the year the credit was received. Some taxpayers listened to the IRS and amended their income tax returns; some didn’t. Many tax practitioners struggled with their professional responsibilities advising clients regarding amending income tax returns.

In the event of an ERC audit, one of the first questions an auditor may ask is, “Did you file an amended return to reduce your wage deduction?” Some auditors felt that filing an amended income tax return was a condition precedent to making a proper ERC claim.

On March 20, 2025, the IRS revised its Employee Retention Credit (ERC) FAQs and issued new and surprising guidance on ERC-related reporting. In the “Income Tax and ERC” section of the IRS’s updated ERC website, the IRS explicitly instructs that to address overstated wages,

“… you’re not required to file an amended return or, if applicable, an administrative adjustment request (AAR) to address the overstated wage expenses. Instead, you can include the overstated wage expense amount as gross income on your income tax return for the tax year you received the ERC.

Example: 

Business A claimed an ERC of $700 based on $1,000 of qualified wages paid for tax year 2021 but did not reduce its wage expense on its income tax return for 2021.

The IRS paid the claim to Business A in 2024, so Business A received the benefit of the ERC but hasn’t resolved its overstated wage expense on its income tax return.

Business A does not need to amend its income tax return for tax year 2021. Instead, Business A should account for the overstated deduction by including the $700 in gross income on its 2024 income tax return.”

But what if the taxpayer did reduce his wage expense but his claim was later denied?

The IRS now instructs the taxpayer,

“…in the year their claim disallowance is final, increase their wage expense on their income tax return by the same amount that it was reduced.”

This provision is especially relevant because some “ERC years” are approaching the three-year statute of limitations for amendment. Until now, if the statute of limitations to file an amended return for the year the wages were originally paid had expired, the taxpayer had no practical way to account for this. In fact, many taxpayers who had filed amended returns and added back their overstated wages even received rejections from the IRS, who would not process their returns (and checks!) based on the expired statute of limitations. Now, the IRS permits and even instructs the taxpayer to make corrections in a later tax year.

The IRS’s reasoning for now having the income reported in the year of receipt is the “tax benefit rule,” which states that if a taxpayer takes a deduction based on specific facts but later the circumstances change and contradict those facts, he may need to “undo” part of that deduction by reporting it as income.

Instead of going back and amending the tax return from the year the claim was made, the IRS now allows you to correct the issue in the year you received the ERC by adding the overstated wage amount to the income for that year.

This new practical guidance is welcome for many tax practitioners and their clients. It eliminates the question of whether to file amended returns, allowing taxpayers to legitimately receive the full benefits of the ERC and remain in compliance with the IRS. It also provides an answer for those asked by the IRS why they haven’t yet filed an amended income tax return.

Others who have recently filed amended returns based on prior IRS guidance are wondering whether their returns will even be processed, and now they are in limbo as to whether to account for the ERC in the year of receipt. Never a dull moment for today’s tax practitioners!

Back to industry updates

Private equity firms have long been central players in the U.S. economy, driving investments in businesses, creating jobs, and stimulating the economy. Last month, lawmakers issued a renewed call to eliminate the capital gains tax treatment on carried interest, a crucial component of private equity, venture capital, and hedge-fund compensation. Private equity firms have responded by pushing back against this potential reform, lobbying to keep the current tax policy in place to preserve economic growth.

Explaining Carried Interest

Carried interest is a share of the profits that investment managers receive as additional compensation for successfully managing high-risk investments. Typically, carried interest constitutes about 20% of the profits generated by the fund, although the percentage can vary depending on the specific arrangement. This compensation is not a salary or fee for services rendered but a share in the profits of the fund, paid only after investors have received their initial capital back, along with a minimum required return, often referred to as the “hurdle rate.”

The core controversy with carried interest lies in its tax treatment. Under the current U.S. tax system, carried interest is classified as a long-term capital gain rather than ordinary income. The IRS treats it as a capital gain because the manager is perceived to be making an investment in the fund. As a result, the income derived from carried interest is taxed at the capital gains tax rate, which is generally 20% for long-term holdings compared to the ordinary income rate of 37%.

For carried interest to qualify as long-term capital gain, the underlying investments held by the fund must be held for more than a year. Prior to the 2017 tax reform, the requirement for carried interest to be taxed as long-term capital gains was not explicitly restricted, so fund managers could claim long-term capital gain treatment even if the assets were held for a shorter period.

The 2017 Tax Cuts and Jobs Act (TCJA) introduced Section 1061, which extended the holding period for investments to qualify for the lower capital-gains rate from one year to three years. This provision was designed to close a perceived loophole where fund managers could enjoy long-term gains as long as the investment was held for more than a year but still enjoy the lower long-term capital gains tax rate.

Trump’s Proposal and Its Impact

Section 1061 highlighted the growing political pressure to reform carried interest taxation. While the three-year holding period rule tightened the previous tax benefits, this proposal could subject fund managers to ordinary income tax rates on carried interest in entirety.

Trump’s push for higher tax on carried interest is part of his broader tax reform strategy. The proposal is aimed at generating additional tax revenue, which could offset tax cuts for corporations or contribute to reducing the federal deficit. According to a December 2024 estimate from the Congressional Budget Office, taxing carried interest as ordinary income could decrease the federal budget deficit by $14 billion over 10 years.

This could have profound implications for the private equity industry. Fund managers would see a higher tax burden, which could reduce the after-tax return on investments, ultimately impacting the overall attractiveness of private equity as an investment vehicle. Higher taxes could discourage fund managers from pursuing certain types of investments, particularly riskier long-term projects, which require substantial upfront capital. As a result, some private equity firms might seek to restructure their compensation arrangements or adjust their investment strategies to mitigate the impact of these tax changes.

For investors, the shift in tax treatment could result in lower returns on their investments, particularly as the structure of the private equity industry evolves in response to these reforms. We could potentially see a reduction in new funds, with the biggest impact felt at the smaller fund level. Changes in carried interest tax rules may increase structure complexity and compliance costs for private equity firms. Clients may be forced to restructure fund agreements to avoid the proposed tax consequences. However, the full extent of these effects remains uncertain, and private equity advocates argue that the proposals could ultimately reduce overall economic growth.

Pushing Back

Private equity firms have been vocal in their opposition to any proposed changes to the tax treatment of carried interest. One of their key arguments is that the current system helps to attract and retain investment in long-term growth opportunities. Private equity firms argue that by taxing carried interest at the capital gains rate, fund managers are incentivized to focus on creating lasting value rather than making short-term, quick-profit investments.

Industry advocates assert that the capital gains treatment encourages fund managers to take calculated risks on businesses that need capital to scale, innovate, and grow. These investments, in turn, lead to job creation, higher wages, and an increased tax base. Groups like the American Investment Council have published reports showing that private equity-backed businesses are major contributors to job creation, with private equity firms generating more than 10 million jobs across the United States.

Private equity groups have pushed back with significant lobbying efforts. They argue that the new tax structure could harm the economy by discouraging investment in high-risk businesses, particularly those in underserved sectors. They point to studies suggesting that private equity plays a critical role in improving the productivity of U.S. businesses and enhancing global competitiveness.

Moreover, private equity firms have argued that the industry already faces significant regulatory scrutiny and that additional taxes would place an undue burden on private equity funds. Firms that specialize in venture capital or other high-growth investments may be particularly affected, as they depend on the capital gains treatment to incentivize their partners to take on riskier investments.

Bottom Line

Proposed changes to Section 1061 could affect how carried interest is taxed and may impact the financial industry—beginning with high-level fund managers and executives, then extending to broader investment structures, compensation models, and investor returns. We advise clients to avoid surprises and model various exit scenarios, especially for assets close to the new holding period thresholds.

As President Trump and other lawmakers propose various reforms, the private equity industry stands firm in defending its tax structure. While reform advocates argue for a more equitable system, private equity firms emphasize the crucial role that carried interest plays in driving innovation, job creation, and economic growth. The outcome of this debate will have significant implications for both the private equity industry and the broader U.S. economy, making the conversation over tax reform a topic worth watching.

Back to industry updates

An inheritor’s trust is not just another estate planning tool—it’s your secret weapon for keeping wealth protected and under control. This trust is designed to protect and manage the assets you pass to a beneficiary. An inheritor’s trust allows your beneficiary to receive his or her inheritance in trust rather than as an outright gift or bequest. It locks down the assets and shields the beneficiary from taxes, creditors, and bad decisions. The beneficiary gets his share, but the assets are kept out of his or her own taxable estate.

Having assets pass directly to a trust not only protects the assets from being included in the beneficiary’s taxable estate but also shields them from other creditor claims, such as those arising from a lawsuit or a divorce. The inheritance is protected because the trust, rather than your beneficiary, legally owns the inheritance and because the beneficiary doesn’t fund the trust.

To ensure complete asset protection, the beneficiary must establish an inheritor’s trust before receiving the inheritance. The trust is drafted so that your beneficiary is the investment trustee, giving him or her power over the trust’s investments.

Your beneficiary then selects an unrelated person — someone he or she knows well and trusts — as the distribution trustee. The distribution trustee will have complete discretion over the distribution of principal and income, which ensures that the trust provides creditor protection.

The trust should be designed with the flexibility to remove and change the distribution trustee at any time and make other modifications when necessary, such as when tax laws change. Bear in mind that the unfettered power to remove and replace trustees may jeopardize the creditor protection aspect of the trust, which could result in the inclusion of the trust property in the beneficiary’s taxable estate.

Because it’s your beneficiary, and not you, who sets up the trust, he or she will incur the bulk of the fees, which will vary depending on the trust. In addition, he or she may have to pay annual trustee fees. Your cost, however, should be minimal — only the legal fees to amend your will or living trust to redirect your bequest to the inheritor’s trust.

Wealth preservation

Another benefit of an inheritor’s trust is that it can help ensure that inherited assets remain within the family lineage. By keeping assets in the trust rather than transferring them outright to beneficiaries, the trust can prevent wealth depletion due to mismanagement, overspending, or other poor financial decisions.

The trust’s grantor can include specific provisions or restrictions. These may include setting limits on distributions or requiring certain milestones (like completing education) before beneficiaries can access funds.

Follow the law

Ensuring an inheritor’s trust is properly drafted isn’t just a legal formality—it’s essential for protecting both the assets and the beneficiaries. Trusts must comply with federal and state laws to avoid potential IRS audits or court challenges. Most importantly, by taking the time to establish the trust correctly, the grantor ensures that his or her beneficiaries receive the full benefits of their inheritance without unnecessary risk.

Back to industry updates

Like much else under the new Trump presidency, the country’s tax landscape is shifting and reshaping beneath our feet.

Thousands of federal jobs have been slashed, including a large swath at the IRS. This, coupled with an IRS hiring freeze, will reduce the IRS’s ability to pursue tax debt collection and slow down audits, collections, and legal actions. The Department of Government Efficiency’s (DOGE) access to the IRS’s Integrated Data Retrieval System will accelerate a swing toward AI-driven fraud detection and enforcement, and could increase scrutiny on delinquent taxpayers and open the door to a wave of litigation in defense of data privacy. Lastly, the Tax Cuts and Jobs Act (TCJA) of 2017, which has kept tax rates low, key deductions and credits in place, and favorable tax breaks available, is set to expire by the end of 2025 and may or may not be renewed.

These potential changes have tax professionals worried about taxpayer health and the IRS’s capacity to enforce tax law and resolve tax controversy issues. Will scrutiny on delinquent taxpayers increase or weaken in 2025? Will there be sufficient IRS staff available to address delinquencies for tax debtors who want to resolve their obligations? What is the recalcitrant taxpayer to do in these tumultuous times?

What are taxpayers thinking

Taxpayers who are in arrears may wonder if it is the right time to come clean and resolve their outstanding tax issues, or to continue to cruise, hoping that IRS disarray will stand in their favor.

According to statistics generated by the Professional Managers Association, the IRS workforce stands at more than 100,000 total employees. Approximately 28,000 of those have been onboarded within the past year, and about 30,000 employees have worked there less than three years. The IRS, as of February 19, 2025, reports that it plans to lay off approximately 6,000 first-year probationary employees, despite the hiring freeze recently imposed by President Trump. These layoffs will disproportionately affect IRS employees in enforcement because they represent a large share of new employees.

While it’s true that the disorder in federal functioning may translate into diminished scrutiny, the dearth in staffing means that there won’t be agents and reps available to address taxpayers’ issues when necessary. If a taxpayer is at the “Final Notice” stage, automated notices will continue to be released, and a levy will automatically be imposed. However, there likely won’t be enough IRS agents to review appeals, release levies, arrange payment plans, or offer compromises for petitioners. We recommend that the delinquent taxpayer move to resolve his tax debt before he gets caught up in the IRS’ machinery and finds he has no recourse for his debt.

 What we’ve seen at the IRS

Our tax controversy team communicates with IRS representatives daily and has found that auditors, tax reps and agents share taxpayers’ state of confusion. They are stressed and anxious in the face of DOGE’s aggressive layoffs, wondering if or where the hatchet will fall next. Many are considering retirement to get out of the line of fire. New employee training has been frozen mid-stream, leaving longstanding agents worried about the extra burden they will shoulder to compensate for insufficient staff. Their state of limbo does not enhance operations. As one auditor told us, “Sorry if I sound muddled; it’s because I am.”

What You Should Do

Compliance is always the answer. File your taxes on time to avoid additional penalties. If you are in arrears, consider setting up a payment plan now, before IRS processing delays get worse. Stay abreast of policy changes; if TCJA provisions expire, your tax bill will change. Finally, if you are out of your depth, seek the help of an accounting professional.

Back to industry updates

The market has two to three major corrections each decade, and always recovered afterwards to new highs.

Variations of this principle echo through advisory offices across the country during every market downturn. As financial advisors, a fundamental part of our job is talking clients off the proverbial ledge during market corrections and crashes. An equally important challenge, and one that receives far less attention, is pulling clients’ heads out of the clouds.

When markets plummet, clients often seek to abandon their long-term financial and investment plans. Conversely, they are often tempted to derail those same plans when market conditions are excessively favorable. “Maybe we should put just 20% of our money in Nvidia /Bitcoin / leveraged funds/ another ‘YOLO’ or high-risk, high-reward asset.” Every advisor has heard versions of this sentiment during euphoric market phases.

This presents a unique challenge in financial advising. To calm investors during downturns, an arsenal of historical data, charts, and evidence is available to prove that historically, markets have always recovered. This factual approach is effective because the pattern is well-established.

Managing euphoria is different. Booming markets often come with powerful narratives of fundamental change that convince investors that traditional strategies will not suffice, and aggressive positioning is not just desirable, but necessary to keep pace with a new reality. History offers little reassurance here because these moments always feel unprecedented.

In the late 1990s, investors piled into internet stocks, convinced that brick-and-mortar businesses were obsolete. The dot-com bubble promised a new economic paradigm where profits were secondary to “eyeballs” or views, i.e. a massive user base. Growth must be maintained at any cost. It was not just speculation; it was the future. Until, at least from an investing perspective, it wasn’t.

Sir John Templeton famously warned, “The four most dangerous words in investing are ‘this time it’s different.’ “Each era of market euphoria comes with a compelling story about why the old rules no longer apply. But history shows that markets eventually reassert discipline, and fundamentals still matter.

The best defense against both fear and greed is a well-crafted, long-term plan. A structured investment strategy keeps conversations grounded in clear financial goals, helping clients resist the emotional extremes of both downturns and booms. Interrupting a sound, long-term plan—whether due to panic or euphoria—can be costly. As advisors, our job is not only crisis management during bear markets, but also expectation management under all market conditions.

Back to industry updates

On January 14, 2025, the US Treasury and IRS released final regulations on the classification of digital content and cloud transactions. These rules address how transactions related to software, including streaming content, SaaS, and other cloud-based solutions are classified for US tax purposes. The guidance is relevant specifically to cross-border tax provisions, including withholding on payments made to foreign persons, and specific rules under Subpart F & GILTI.

How transactions are classified impacts how they are taxed. The new regulations clarify whether digital transactions are classified as leases, sales, or services. Once the tax classification of a transaction is established, the taxpayer can rely on the existing sourcing rules to understand what is defined as US sourced and what is foreign sourced – and the implications of each. The goal of refining the regulations is to help businesses, including multinational corporations, understand how cross-border digital transactions will be taxed and to ensure compliance with U.S. tax laws.

Given that businesses have been engaged in cloud transactions for decades, this guidance is long overdue. The IRS has yet to issue guidance on the classification of more advanced technology-related transactions, such as those involving Artificial Intelligence or digital assets; and there is no current indication that such guidance is forthcoming. Ultimately, guidance that provides clarity on these topics help both U.S. and foreign companies comply with U.S. tax obligations, while they navigate the challenges of the digital economy.

Back to industry updates

We’ve all heard it before, “The stock market is too volatile!” Investors, analysts, and your brother-in-law’s best friend, the one who suddenly became a market expert after reading an article, all seem to grumble about the ups and downs of the market. But here’s the question — is this volatility really such a bad thing?

It’s clear that the stock market has been one of the most effective wealth building tools over the past century. The market’s ability to compound wealth over decades has made it a powerful mechanism for long-term growth. What if I were to tell you that market returns are largely attributable to its volatility? Sounds counterintuitive? Let me explain.

In investing, there is a concept called the Efficient Frontier. It’s a curve that shows the best possible return one can achieve for a given level of risk. Usually, risk is plotted on the X-axis and returns on the Y-axis. Higher returns require taking on greater levels of risk.

In reality, the better way to view this concept is to exchange “Risk” for “Reason”. When an investment has a higher expected return, it does not always mean it carries more risk, rather, it means there is a significant reason for its higher expected return.

If we were to plot a standard investment on the chart above, beginning with the bottom left, we would see that the safest asset (for example, U.S. Treasuries) presently shows yields of approximately 4%. Any investment that promises more than that – meaning it has a higher expected return – must be accompanied by a “reason” that will move it out further to the right of the chart.

What could be some reasons for higher expected returns?

Loss Exposure. For example, real estate and private businesses have a higher expected return than treasuries, as there is capital at risk.
If a bank CD is locked in for a long period, it doesn’t necessarily mean it is a riskier investment. However, the extra limitation period will create the demand for a higher return.
If an investment is volatile, investors will expect a higher rate of return.

To put it briefly, if there is no reason, there is no extra return.

Let’s focus a little more on the last factor on the list, volatility.

The stock market represents the ultimate in volatility. Some years, it may be up 30%, while other years it may swing 20% downward. If you focus on any one year, the picture is chaotic; but if you consider the market’s long-term average, the picture becomes much clearer. The U.S. stock market has returned approximately 10% annually over the past century. That return isn’t an accident – it is the reward for enduring volatility.

If the stock market were as stable as a savings account, it wouldn’t return 10%; it would return something closer to 4% – like Treasuries. If the market would be as safe as Treasuries, investors would bid up prices where the effective yield would be similar to the risk-free rate. The volatility is what creates the opportunity for higher returns. With no volatility, there would be no reason for stocks to outperform.

Instead of being disturbed about market volatility, why not embrace it?! Volatility is not your enemy; it’s your ticket to higher returns. Volatility is a reason you get paid more. It’s the price you pay for participating in one of the greatest wealth-building mechanisms ever created. Beyond that, volatility offers opportunities to invest at times when investments are at reduced or discounted rates. Sir John Templeton put it best when he said, “For those properly prepared, the bear market is not only a calamity but an opportunity”.

Back to industry updates

The Employee Retention Credit (ERC) was introduced in response to the COVID-19 pandemic as part of the CARES Act in 2020. It is a refundable tax credit with the purpose of incentivizing businesses to keep their employees on payroll during the disruptive pandemic period.

The ERC is calculated per employee and (for 2021) offers a credit of 70% of qualified wages paid to each employee during eligible quarters. Wages are capped at $10,000 per employee per quarter, resulting in a maximum credit allowance of $7,000 per employee per quarter.

Applying for the ERC should have been a fairly straightforward process, but a glitch in the IRS system triggered a spate of erroneous notices of disallowance to many applicants, causing complications, frustration, and losses for taxpayers.

The IRS claimed the disallowances were due to discrepancies in the number of employees reported by applicants. To support this accusation, the IRS points to taxpayers’ filed Form 941, Part 1, Box 1. Taxpayers are asked for the number of employees appearing on the payroll for the quarter. If the IRS finds that the employee count cited on Form 941 is less than the amount of employees claimed for the ERC on the employer’s 941X, it will disallow the credit.

The source of the problem boils down to the language used on the form. Form 941, Part 1, Box 1 of the 941 requests:

“Number of employees who received wages, tips, or other compensation for the pay period including Mar. 12 (Quarter 1), June 12 (Quarter 2), Sept. 12 (Quarter 3), or Dec. 12 (Quarter 4).”

The instructions explicitly request employee counts for a specific ‘snapshot’ of time – the 12th day of the last month of the quarter—rather than for the entire quarter.

In practice, the quarter ends on the last day of the last month of the quarter. Any fluctuation in employee count that an entity experienced between the 12^th and the close of the quarter will not be accounted for in the ‘Box 1 count’. The total number of employees for the entire quarter is not properly reflected in the original 941 filing because the filing requested the employee count only for the pay period including the 12th of the month, not for the whole quarter.

Thus, many discrepancies in taxpayers’ employee counts are not a result of payroll errors or fraudulent reporting, but instead are a reflection of the misguided and ineffective language used by the IRS when requesting taxpayers’ data. Employers are eligible for the ERC on all employees who were paid during the quarter, not only on the ones that were employed during the “snapshot” pay period.

We advise taxpayers who have received this type of disallowance notice to respond to the IRS in writing, with an explanation of their calculations – including the number of employees that may have been onboarded after the 12^thof the month, but within the quarter. If the taxpayer can support the employee count as reported on the Form 941 filing, there is every reason to believe they can reinstate their full legitimate credit, as provided by law. Many of our clients who responded in this manner have already received IRS notices confirming their full credit has been approved.

Back to industry updates

What is International Tax?

Any time a business or individual engages in a financial transaction that crosses a border, there are international tax implications, and therefore an international tax advisor should be consulted. Some examples of such transactions are:

investing in non- U.S. investments
selling services or products to customers outside of the U.S.
hiring an employee outside of the U.S.
establishing a foreign subsidiary
collaborating with a business based outside of the U.S. in a joint venture
borrowing money from a non-U.S. lender, or
purchasing real estate in a different country.

What are some International Tax implications?

Any time you do business or make an investment, the country where the transaction took place has the right to tax the income you’ve earned. In our digital world, even if you don’t have any physical presence in a particular country, that country may still leverage a tax on the income generated within it. An international tax advisor can assist you in understanding what are the local country’s tax implications of your activities and what may be your potential tax liability. There will likely be income tax ramifications and a Value Added Tax (VAT), a tax which is common in Canada and many European Countries. Often, these additional taxes can be as high or higher than a country’s corporate income tax.

In addition to the foreign country’s tax implications, there are specific tax rules that address how the IRS taxes transactions outside of the U.S., and there are additional disclosure requirements. These requirements usually take the form of specific filings that report details of the foreign activity. Even when there may not be a significant taxable impact from the cross-border activity, there will be a filing requirement that, if left unmet, could result in heavy penalties starting from $10,000 per form. The costs of missing a filing requirement or planning opportunity in the cross- border context can be very high, more so than in a purely domestic context.

How can one benefit from using an International Tax Advisor?

Anyone dealing in any cross-border transaction could potentially need international tax services. Cross-border tax is fraught with traps for the unaware; it also offers many planning opportunities. Consulting with a knowledgeable international tax specialist can help you avoid unnecessary costs or potential penalties and inform you about opportunities to minimize your effective global tax rate.

Businesses with international connections and multinational corporations require insight into the international marketplace, as well as information regarding the global business arena.

Whether regarding regulations, compliance, or tax advisory, international tax consultants can help you navigate the complex web of the international market and help you achieve your business goals.

Back to industry updates

Are you considering hiring a Chief Financial Officer (CFO)?

Congratulations! That means your business is growing, your revenue is rising, and you are evaluating how to best manage your financial reporting. Hiring a CFO is one of several solutions for a business seeking to upgrade its financial management team. Alternative choices that offer opportunities for growth include outsourced CFO services, Fractional CFO, and CAS providers. How can a business assess which option will best fit its needs?

A CFO is employed full-time as a senior executive. They develop financial strategies, manage cash flow, monitor risk factors, and perform financial forecasting. A CFO’s salary will typically account for 1% to 5% of a company’s revenue. If your business is complex, with multiple revenue streams or many affiliated entities, or has experienced significant and rapid growth, it is likely that you need a CFO on your executive team. The CFO assumes high- level financial responsibilities, such as raising capital, engaging in mergers and acquisitions, and managing compliance requirements. They stand at the forefront of the business’s strategic planning team and ensure the preparation of accurate and detailed financial reporting to serve stakeholders, investors, and banks.

What if your business is not yet ready for the expense of a full time CFO, but still needs upgraded financial support? Most small- to medium-sized companies could benefit from a CFO’s expertise, especially if they have defined growth strategies or are in the process of scaling up. But if the business is experiencing uncertainty or is in middle of a transition, it is usually not the ideal time to take on the added cost or commitment of a full time CFO. Outsourced CFO Services or a Fractional CFO may be a better option.

Professionals in these roles supply part-time or project-based high-level, financial expertise. Outsourced or Fractional CFOs work with multiple clients and will allow your business to access expert guidance on a flexible, as-needed basis. The services are tailored to your business, without making a permanent hire and taking on more overhead.

Client Accounting Services (CAS) firms take over day-to-day accounting tasks like bookkeeping, bill paying, and reconciliations. They can assume responsibility for cash flow management to make sure payments go out on time and that there are enough liquid funds to ensure that all business needs are met. They can work along with Fractional CFOs to handle a business’s financial management, and provide comprehensive support without the added expense of hiring multiple full-time employees.

A CAS team will keep your financial records in order to serve your tax preparation, filing, and regulatory needs and safeguard your business in case of audit. They can also assume high-level executive functions such as generating detailed financial reports, analyzing key performance indicators (KPIs), and providing insights into financial trends to help a business make informed decisions.

It may be time for your business to take a good look in the mirror. If it is facing rapid growth, has a complex financial structure, wants to embark on significant fundraising or M&A activity, is subject to serious regulatory requirements, or desperately needs strategic leadership, it’s high time to hire a competent CFO.

However, depending on your business’s long-term goals and budget, the services of a Fractional CFO supported by a CAS provider can enhance your business’s efficiency, streamline financial processes, and deliver the valuable data that management needs for strategic decision-making – all without adding another senior executive into the mix.

Back to industry updates

Many businesses measure their success in terms of sales, but a better indicator is profitability. Turning a profit after paying for expenses means that a business is achieving its financial goals. But in order to consistently yield profits, the business needs to have liquidity.

Even if sales are sky-high, the bottom line can’t grow unless there is enough cash to fund and maintain operations to fulfill all those orders. There is, however, a tried and true method to maintaining liquidity while expanding a business: managing working capital knowledgeably and efficiently.

Cautious with cash

Working capital is the amount of accessible cash you need to support short-term business operations. The traditional way to measure liquidity is current assets minus current liabilities equals working capital. Regularly calculating working capital can help a business’s leadership team answer questions such as:

Are there enough assets to cover current obligations?
How fast could those assets be converted to cash if needed?
What short-term assets are available for loan collateral?

Another way to evaluate liquidity is the working capital ratio: current assets divided by current liabilities. A healthy working capital ratio varies from industry to industry, but it’s generally considered to be 1.5 to 2. A ratio below 1.0 typically signals impending liquidity problems.

A third perspective is to compare working capital to total assets and annual revenue. From this angle, working capital becomes a measure of efficiency.

Costs and credit

The amount of working capital a company needs, or its working capital requirement, depends on the costs of its sales cycle, operational expenses and current debt payments. Fundamentally, there must be enough working capital to finance the gap between payments from customers and payments to suppliers, vendors, lenders and others.

High liquidity generally equates with low credit risk. But having too much cash tied up in working capital may detract from important growth initiatives such as:

expanding into new markets,
buying better equipment or technology,
launching new products or services, and
paying down debt.

Failure to pursue capital investment opportunities can also compromise business value in the long run.

Focus on these factors

The right approach to managing working capital will vary between companies depending on factors such as size, industry, mission and market. In general, to optimize a business’s working capital requirement, focus primarily on the following three key areas:

Accounts receivable.The faster you collect from customers, the more readily you can manage debt and capitalize on opportunities. Possible solutions include tighter credit policies, early bird discounts, and collections-based sales compensation. Also, improve your administrative processes to eliminate inefficiencies.
Accounts payable.From a working capital perspective, since liquidity is key, you generally do not want to pay bills earlier than necessary. Except to take advantage of early bird discounts, it’s best to pay bills at or close to their due date. Be careful not to fall into arrears or nonpayment, which could damage your credit rating and reputation.
Maintaining inventory is a challenge of efficiently managing working capital. Excessive inventory levels may dangerously reduce liquidity because of restocking, storage, obsolescence, insurance and security costs. Conversely, insufficient inventory levels can frustrate customers and hurt sales. Be sure to give your inventory proper time and attention, such as regular technology upgrades and strategic consideration of ideal quantities.

The right balance

A successful business strikes the right balance of sustaining enough liquidity to operate smoothly, while also saving funds for capital investments and maintaining an emergency cash reserve. Management must assess precisely the business’s working capital and consistently work to optimize it.

Back to industry updates

In partnership with The OJC Fund, Roth&Co hosted a highly informative webinar providing valuable insights on year-end charitable giving and tax-saving strategies. The webinar featured Roth&Co Partner Michael Wegh, CPA, Roth&Co Manager Yisroel Kilstein, CPA, and Aron Pinson, CFA, Chief Investment Officer at Equinum Wealth Management. Click here to watch the recording, or read the recap below.

Charitable giving creates a “win-win” for taxpayers: it supports meaningful causes while offering deductions that reduce taxable income. Taxpayers have two options for claiming deductions on their returns: They can either take the standard deduction, or opt to itemize deductions, which allows them to include all their annual contributions. For those who itemize, tax-deductible donations can be a valuable tool for reducing overall tax liability.

It’s important to note, though, that not every charitable contribution qualifies for a deduction. Donations must be made to an IRS-registered organization or an official House of Prayer. In most cases, tangible property can be deducted unless goods or services are exchanged in return for the donation. For example, if you attend your child’s annual school dinner, you can deduct the entrance fee—minus the fair market value of the meal, as the meal constitutes a tangible benefit.

Intangible religious benefits—such as moral guidance or participation in religious services—are not considered taxable income, and are exempt from IRS reporting requirements. However, tuition payments for religious education are considered tangible benefits and do not qualify as deductible charitable contributions.

To claim a deduction for any given year, the donation must be made before December 31st of that year. Electronic contributions should be withdrawn from a bank account or non-electronic contributions should be postmarked by that date. Additionally, it’s essential to keep documentation in case of an audit. Written records are required for donations under $250, while donations over that amount must be substantiated with a ‘Contemporaneous Written Acknowledgement’ or receipt.

An individual’s charitable contribution deduction is capped based on the classification of the organization or recipient. For cash donations, contributions to public charities are generally limited to 60% of a person’s adjusted gross income (AGI). The percentage limit may differ for non-cash contributions (e.g., securities or property), which are capped at 50% or 30%, depending on different factors. Donations to private foundations are capped at 30% of AGI for most contributions, and 20% for capital gain contributions. Contributions to foreign charities are generally not deductible unless the charity is registered with the IRS. Donating to a Donor-Advised Fund (DAF) provides similar benefits as donating to a public charity (with the 60% AGI limit) while offering flexibility, ease of use, and simplified recordkeeping.

Charitable deductions can be strategically applied to maximize tax benefits. For instance, if you experience a high-income year, consider making a significant donation to a DAF before year-end. While you can recommend how the funds are distributed over the next year, your donation will be recognized in the current year, and the deduction can be claimed immediately. Conversely, in a year with lower income, you might consider “bunching” your contributions with the following year’s donations to optimize the tax impact in a year with a higher income.

Charitable giving not only supports causes you care about, but also offers meaningful tax benefits. Speak to your tax advisor to explore how your charitable contributions can be leveraged to enhance your tax strategy and support your overall financial well-being.

Back to industry updates

In commercial litigation, it is common for business valuation experts to measure damages based on lost profits, diminished business value, or both. Here’s an introduction to these concepts.

The Basics
Generally, it’s appropriate to estimate lost profits when a plaintiff suffers an economic loss for a discrete period and then returns to normal. On the other hand, diminished business value is typically reserved for businesses that are completely destroyed or suffer a permanent loss, such as the destruction of an entire division or product line.

In rare situations, lost profits may fail to adequately capture a plaintiff’s damages. For example, suppose a defendant’s wrongful conduct damages a plaintiff’s reputation but doesn’t directly affect the plaintiff’s expected profits. Nevertheless, the defendant’s actions have rendered the plaintiff’s business less marketable and, therefore, less valuable. In this situation, diminished business value may be an appropriate measure of damages, even though the plaintiff’s business will survive.

Double Dipping
There are important similarities between how lost profits and diminished business value are measured. Typically, lost profits are a function of lost revenue caused by the defendant’s wrongful conduct and avoided costs that otherwise would have been incurred to generate the revenue. Once lost profits have been estimated, the amount is adjusted to present value.

Alternatively, business value is generally determined using one or more of the following three techniques:

Cost (or asset-based) approach
Market approach
Income approach

Because value is generally a function of a business’s ability to generate future economic benefits, awarding damages based on both lost profits and diminished business value is usually considered double dipping. A possible exception is the “slow death” scenario: A defendant’s wrongful conduct initially causes the plaintiff’s profits to decline, but the plaintiff continues operating. Eventually, however, the plaintiff succumbs to its injuries and goes out of business. In these cases, it may be appropriate for the plaintiff to recover lost profits for the period following the injury along with diminished business value as of the “date of death.”

There’s a Difference
Both lost profits and diminished business value involve calculating the present value of future economic benefits. However, the two approaches have distinct nuances, and the calculations used for each to determine damages will, in most cases, not yield the same result. For example, lost profits are typically measured on a pretax basis, while business value is often determined based on after-tax cash flow.

The fair market value of a business may include adjustments such as discounts for lack of marketability and key person risks, which are often not considered when estimating lost profits. Additionally, business value is based on what is “known or knowable” as of the valuation date, whereas lost profits calculations may sometimes account for developments that have occurred up to the time of trial.

Another differentiating factor lies in each approach’s perspective. Fair market value is generally based on the perspective of a hypothetical buyer, while lost profits consider the specific plaintiff’s perspective.

For example, while lost profits are typically measured on a pre-tax basis, business value is generally determined by after-tax cash flow. Often, a business’s value may include adjustments such as discounts for lack of marketability and key person risks. These may not be considered when estimating lost profits.

Moreover, business value is based on what’s “known or knowable” on the valuation date, but lost profits calculations may sometimes consider developments that have occurred up to the time of trial. Another differentiating factor is each approach’s perspective. Fair market value is generally based on the perspective of a hypothetical buyer, while lost profits can consider the specific plaintiff’s perspective.

Which Way to Go?
Lost profits and diminished business value are closely related, but they’re not identical. Contact us to discuss which measure is appropriate for your situation and how it might affect the outcome.

Back to industry updates

On the campaign trail, Trump vocally championed American business interests and vowed to support corporate America and draw business back into the U.S. Now it’s showtime, and one area where we may see Trump’s plans begin to emerge is in changes to business tax law and policy. While no detailed tax plan has been issued yet, Trump has hinted at how tax policy may take shape next year.

Trump has proposed a 1% decrease in the corporate income tax rate, which presently stands at 21%, and he is suggesting a more substantial 15% rate for companies that manufacture in the U.S. This tax cut is relatively modest, but it will increase corporate profits and give businesses more resources to reinvest and grow. Unless the changes also address pass-through tax rates or deductions, there will likely be no significant benefits for small businesses organized as pass-through entities. There is the possibility that the tax cut could improve global competitiveness and tempt international corporations to return or transfer operations to the U.S., potentially stimulating modest economic growth.

Though a 1% decrease seems insignificant, given the scale of U.S. corporate earnings, it could have a noteworthy and negative impact on U.S. tax revenues and may increase the country’s deficit. Much will depend on how businesses use their 1% savings, where they allocate them, and how the broader economic environment reacts to the adjustment.

Trump also proposes to repeal the limitation on excess business losses for non-corporate taxpayers. The limitation, created by the American Rescue Plan Act of 2021 and extended through 2028 by the Inflation Reduction Act of 2022, prevents non-corporate taxpayers from deducting excess business losses above $578,000 (2023-married filing jointly) or $289,000 (other), with any excess losses treated as net operating loss carryforward (subject to indexed thresholds).

Repealing this limitation would mean more deductions available for non-corporate taxpayers, including S Corps, partnerships, and sole proprietors. It would enable them to offset their business losses against other types of income, like wages or investment income, and overall, it would reduce their tax burden. Critics may claim that this tax cut favors the rich, who have multiple income streams and are more likely to have large business losses and other income to offset.

Besides tax relief, the injection of additional cash into businesses could spur growth and reinvestment. As above, this tax cut would also reduce federal tax revenues and may raise the deficit unless other revenue-generating measures are implemented.

Even with the possibility of a Republican-controlled Congress, it is uncertain whether Trump will be successful in pushing through tax cuts and policy changes. He may face backlash from the public for seemingly favoring the wealthy, or lawmakers may question whether his tax initiatives can benefit the overall economy. The Fed will be cautious of any changes impacting inflation and, by extension, interest rates. With so many economic moving parts, it is hard to predict whether or how Trump’s intentions will be realized.

Back to industry updates

As we stepped into 2024, the investment landscape was filled with uncertainty. Several significant challenges loomed, posing threats to financial stability. Some of these challenges included:

Persistently high inflation
Widespread predictions of a recession by economists and strategists
Uncertainty surrounding the Federal Reserve’s next steps
A rapidly escalating national debt
Historically high interest rates
An imminent housing crash fueled by those high rates

These menacing issues were further intensified by the pending election, with its highly charged public sentiments and the expectation of political unrest and chaos.

Despite these challenges, the stock market has shown remarkable resilience, surging 27.56% year-to-date in 2024. This performance underscores an important lesson: attempting to time the market based on macroeconomic conditions or political developments is a futile exercise.

You might be thinking, “If the market weathered all these storms, doesn’t that mean it never goes down? Maybe investing is smooth sailing.” But that assumption couldn’t be further from the truth. Historically, the market experiences a 30% correction approximately once every five years, in addition to many smaller intermittent corrections. It’s far from a smooth ride. The takeaway is that predicting when the ups and downs will occur is incredibly difficult—arguably impossible.

Instead of getting caught up in fear or trying to anticipate market movements, a prudent investor focuses on maintaining a diversified portfolio and committing to their long-term financial goals. By tuning out the noise and staying invested, you can position yourself to benefit from the market’s resilience and the power of compounding your investment over time.

2024’s stock market resilience, despite a seemingly endless array of concerns, serves as a powerful reminder that time in the market—not timing the market—is the key to investment success. As we navigate the unpredictable road ahead, remain disciplined, stay invested, and trust in the long-term potential of the U.S. stock market to deliver substantial returns.

his material has been prepared for informational purposes only and is not intended to provide or be relied upon for legal or tax advice. If you have any specific legal or tax questions regarding this content or related issues, please consult with your professional legal or tax advisor.

Back to industry updates

They say a cluttered desk is a sign of a cluttered mind. For businesses, messy or inaccurate financial records signify more than disorder; they reflect a company in chaos—one that is likely flying blind financially. Outsourcing Client Accounting Services (CAS) is an effective way to turn financial chaos into clarity.

For small businesses with revenues under $10 million, maintaining a full-time CFO can cost anywhere from 2% to 5% of annual revenue. If the expense of a full-time executive is too steep for your business, outsourced CAS services offer essential solutions to help you operate effectively and remain compliant. CAS services typically include accounting operations, strategic financial planning, cash flow management, budgeting, forecasting, and expert financial guidance.

Why Does a Business Need Accurate and Timely Financial Statements?

Financial statements are the building blocks of any well-run company. Accurate and timely financials are essential for:

Tax reporting and compliance
Financial planning and budgeting
Securing financing or attracting investors
Managing operations efficiently

Poorly executed financial reporting can invite tax audits, compromise financing opportunities, and damage a company’s prospects for a potential sale. On a practical level, not knowing the state of your finances leads to losing control over cash flow and expenses. Management cannot set or implement long-term business goals or develop effective strategies. Decision-making becomes impaired.

Bottom line? Bad books mean management will make bad decisions.

What is Financial Reporting?

Financial statements consist of three key components that provide insights into a company’s assets, liabilities, and equity:

Balance Sheet: This snapshot of a company’s financial standing at a specific point in time shows assets, liabilities, and the difference between them—known as shareholders’ equity (also referred to as net worth or owner’s equity).
Income Statement: Also called a profit and loss statement, this document reflects a company’s financial performance over a given period. It identifies revenues, expenses, and the resulting net income or loss.
Cash Flow Statement: This statement tracks the movement of cash in and out of a business during a specific period, showing how well a company generates and uses cash.

How Do Bad Reporting Habits Play Out?

Consider XYZ Corp., a company plagued by constant turnover in its finance department. Its CEO, more focused on improving his golf handicap than reviewing financials, ignored ambiguous and incomplete records.

The consequences were severe. The company couldn’t track cash flow; payments to suppliers were missed; employees’ salaries were issued late; and the company underreported taxable income, inviting an IRS audit.

The CEO was mid-swing on the fourth hole when the office manager called to inform him of the audit. The result? Fines, penalties, and reputational damage. Eventually, when XYZ Corp. tried to sell, buyers were unwilling to move forward because the company could not demonstrate consistent financial health. The company went bankrupt, and the CEO’s golf handicap remained depressingly high.

What Are the Two Most Essential Rewards of Sound Financial Reporting?

Informed Decision-Making
Accurate financial records are vital for making informed decisions. They enable management to assess company goals, forecast future revenues, and allocate resources effectively. Financial data can help identify internal trends: Are costs rising? Are revenues declining?

With this insight, management can make proactive adjustments to “right the ship.” They can prioritize expenditures, focus on strategic investments, and ensure long-term stability.

Improved Cash Flow Management
Cash flow describes the inflow and outflow of funds used for daily operations, such as taxes, payroll, inventory, and other expenses. By analyzing cash flow data, management can anticipate and prepare for periods of low cash flow. They can then prudently decide whether to postpone non-essential expenditures or perhaps secure short-term financing, if needed.

Efficient cash flow management ensures stability, prevents debilitating shortfalls, and gives management the flexibility to focus on growth and success.

Watch Your Bottom Line

Financial statements provide management with a clear view of future investments and expenditures while serving as benchmarks for performance assessment. They can also instill confidence in investors who need assurance before allocating capital.

For organizations that lack the size or capacity to staff in-house personnel for financial reporting, outsourcing CAS services can make a significant difference. Professionally managed back-office accounting operations allow management to focus on operations, strategy, and growth objectives.

Neglecting financial accuracy can result in missed opportunities, poor decision-making, and even legal consequences. Can your business afford the risk?

Back to industry updates

When you peek under the hood at inflation data and the latest cost-of-living trends, you might feel some relief upon noticing that, while some high prices still sting, costs are stabilizing overall. All except for one notable, stubborn exception: housing.

Since the pandemic, home prices have shot up dramatically, pushing the dream of homeownership further out of reach for many Americans. Every market has its quirks, but on the whole, the median home price across the U.S. tells the same story – prices are up, and they aren’t trending downward.

To add insult to injury, interest rates were raised in 2022 and 2023 as a mechanism to quell inflation. The natural result should have been a downswing in housing prices. Yet, despite the hikes, home prices didn’t budge. So, now we’re getting hit with the classic one-two punch: higher home prices are prevailing and interest rates have been climbing.

Here’s a typical real-world example: Imagine you had your eye on a $600,000 house back in 2021. With a 30-year mortgage at a 3% rate and a $200,000 down payment, your mortgage bill would have come to an estimated $1,686 a month. Fast forward and today, that same house would likely be priced closer to $800,000, with mortgage rates now hovering around 6.5%. Assuming that the same down payment was applied, the monthly mortgage cost would jump from $1,686 to $3,792 – a staggering difference.

The Fed-fund rate is regulated by the Federal Reserve, while Treasury and Bond rates tend to be controlled by the market – and the rates typically align. However, when the Fed announced a recent half-percent rate cut on September 18th — intended to signal economic stability and control over inflation—many hoped it would signal some relief, especially with the Feds projection of more cuts on the horizon. But ironically, the market has pushed back and treasury bond yields and mortgage rates have actually risen. Economists are practically falling over each other to explain this strange turn of events.

At Equinum, we believe that, while rates might dip a little, the only way we’re likely to see a meaningful drop in home prices or mortgage rates, would be through a recession. In a recession, employment drops and there is less money circulating in the economy; people cannot afford homes and real estate prices fall. The Fed generally responds by cutting interest rates, hoping to stimulate the economy and pull it out of its inertia. While a period of recession may be good news for those seeking to purchase real estate, it comes at the expense of joblessness and unemployment. This solution presents a difficult dilemma: choosing between affordable housing and job stability, an uneasy balancing act that none of us wants to experience.

Back to industry updates

Global crises and natural disasters are on the rise and in response, people all over the country are opening their hearts and their wallets to support those in need. But this rise in altruism has its challenges. In the wake of Hurricanes Milton and Helene, the Internal Revenue Service recently warned taxpayers to beware of scammers who exploit public generosity by creating fake charities that gather donations and steal sensitive personal and financial information. According to recent data from the Federal Trade Commission, in 2023, nearly 10,000 reports of charitable solicitation fraud were filed in the United States, resulting in a loss of approximately $22.5 million to donors. Scammers commonly take advantage of peoples’ generosity during the holiday season, and when natural disasters or other tragic events occur; and their victims are often the easier marks – seniors and groups with limited English proficiency.

Scammers are imaginative and don’t limit themselves to pulling on heartstrings only as a response to a natural crisis. In a shameful example of fake charity fraud, in 2023, student Madison Russo, fraudulently raised nearly $40,000 by claiming to have multiple cancers, including stage 2 pancreatic cancer and leukemia. She publicized her story on TikTok and set up a GoFundMe page for donations. Ultimately, she was challenged and, after failing to provide medical records or proof of her diagnosis, was convicted and sentenced to probation and restitution to her donors.

Sham charities can go corporate too. In a March 2024 announcement, the Federal Trade Commission, along with ten other states, brought suit against Cancer Recovery Foundation International, also known as Women’s Cancer Fund, and its operator, Gregory B. Anderson. The suit alleges that from 2017 to 2022, the organization collected more than $18 million from donors to support women cancer patients. It only spent 1.1%, or approximately $196,000, on financial support to patients, while a cool $775,139 went to pay Anderson, its operator.

The FBI warns citizens to avoid making financial contributions to groups that support terrorism. Foreign Terrorist Organizations (FTOs) are foreign organizations that are designated by the Secretary of State in accordance with section 219 of the Immigration and Nationality Act (INA). The US Department of State provides a public list of Designated Foreign Terrorist Organizations and warns donors to keep their distance.

“We all want to help innocent victims and their families,” said IRS Commissioner Danny Werfel. “Knowing we’re trying to aid those who are suffering, criminals crawl out of the woodwork to prey on those most vulnerable – people who simply want to help. Especially during these challenging times, don’t feel pressured to immediately give to a charity you’ve never heard of. Check out the charity first and confirm it is authentic.”

To that end, the IRS offers the Tax-Exempt Organization Search (TEOS) tool, which taxpayers can access on the IRS website to help them find or verify qualified, legitimate charities. Beyond this, how can a donor make sure that his or her charitable donations reach their intended recipients? The wise donor will do their research and will stick with charities they know and trust. It’s best to make targeted donations, designated towards specific purposes instead of to a general fund. Cyber-safety should always be paramount; never click on links or open attachments in unsolicited e-mails, texts, or social media posts. Also know that most legitimate charity websites end in “.org” rather than “.com.” Charities that ask for cash or wire payments raise a red flag. It is always more prudent to pay by credit card or write a check directly to a charity; and never make a charitable donation check out to an individual.

As charitable scams continue to evolve, it is vital for donors to stay vigilant and informed about how to identify potential fraud. Always verify the legitimacy of a charity through reliable resources, such as the Tax-Exempt Organization Search, Better Business Bureau or Charity Navigator, and be wary of unsolicited requests for donations. By staying aware and conducting due diligence, you can ensure that your contributions reach those who genuinely need support, while safeguarding yourself against scammers.

Back to industry updates

Excel and Power BI are both powerful Microsoft tools used in data analysis and reporting, but each has its distinct strengths and applications.

Excel, as a spreadsheet program, offers strong capabilities used for basic analysis and reporting; it features detailed, manual data entry and calculations. Excel is suitable for small to medium datasets for use in financial analysis, and it’s a comfortable choice for users who are already familiar with its functions and formulas. The program is commonly used by businesses and students for creating budgets, tracking expenditures, calculations and analyses, and other statistical functions.

Power BI is the go-to choice for advanced analytics and visualization. It offers more automation and scalability for large datasets and its interactive functions are used for advanced data analysis, forecasting, tracking key metrics and other tasks that require manipulating and sharing data.

Power BI vs. Excel: Why Power BI Stands Out

While Excel remains a popular tool for data analysis, Power BI offers several advantages that make it a superior choice for modern businesses:

Enhanced Visualizations: Power BI’s advanced visual tools make it easier to present complex data in a visually appealing and interactive way.
Real-Time Data Integration: Unlike Excel, which often requires manual data refreshes, Power BI can connect to live data sources for continuous updates.
Scalability: Power BI handles large datasets more effectively than Excel, making it ideal for businesses that deal with high volumes of data.
Seamless Integration: Power BI supports a wide range of data sources, including cloud services like Azure, and enterprise systems like SAP and Salesforce, making it more versatile than Excel.

Who’s got the Advantage?

Whereas Excel is the workhorse we all know and love, Power BI provides attractive bells and whistles. Its extensive features for formatting, natural language queries, and editing and filtering are visually appealing – with a customized dashboard offering a 360-degree view. Users can more easily drill down into data with Power BI and automate and share interactive reports across teams and organizations. Ultimately, these capabilities can help businesses make better-informed, data-driven decisions. While Excel’s calculation and spreadsheet functionalities make it ideal for studying data, Power BI is a better choice for performance and sharing.

Why Choose?

Excel and Power BI, both created by Microsoft, can complement each other effectively and integrate well. There’s no real need to choose between them – they can be used together for optimal results.

Data created in Excel can easily be shared with Power BI without transition glitches. The same goes for other Microsoft Office applications, like Power Query and Power Pivot. An amalgam of these tools can save a business time, automate its processes, and allow it to optimize and upgrade its data management.

Ask us about how RothTech can help your organization leverage the full potential of Power BI for deeper insights and better decision-making.

Back to industry updates

Cost segregation is a key tool that allows a business to reclassify certain property components and potentially reduce its tax burden through accelerated depreciation. Property owners who have developed, acquired, expanded, or renovated real estate can optimize their depreciation deductions and defer income taxes at both federal and state levels. While cost segregation is common in office, hotel, and retail spaces, it can benefit any type of commercial property.

For tax purposes, residential rental properties typically depreciate over 27.5 years, while commercial properties depreciate over 39 years. However, properties include more than the building structure itself—elements like plumbing, flooring, and sidewalks can be depreciated on accelerated timelines. By separating specific property components, investors can fast-track depreciation deductions, cut taxable income, and improve cash flow. This method is especially valuable in commercial real estate, where larger investments yield substantial tax savings. Cost segregation is one way private-market real estate provides unique tax advantages, making it a particularly appealing asset class.

When selling property used in your business, understanding the sale’s tax implications is essential, especially given the complex rules involved.

Basic rules

As an example, consider a property for sale that is either land or depreciable property used in your business and has been held for more than a year. Under tax law, gains and losses from sales of business property are netted against each other. The tax treatment is as follows:

If the netting of gains and losses results in a net gain, then long-term capital gain treatment results, subject to “recapture” rules discussed below. Long-term capital gain treatment is generally more favorable than ordinary income treatment.
If the netting of gains and losses results in a net loss, that loss is fully deductible against ordinary income. (In other words, none of the rules that limit the deductibility of capital losses apply.)

The availability of long-term capital gain treatment for business property net gain is limited by “recapture” rules. Under these rules, amounts are treated as ordinary income, rather than capital gain, because of previous ordinary loss or deduction treatment.

The beauty of utilizing cost segregation to accelerate depreciation is that it offsets income – until it is time to sell. That’s when the recapture rule kicks in. There’s a special recapture rule that applies only to business property. Under this rule, to the extent you’ve had a business property net loss within the previous five years, any business property net gain is treated as ordinary income instead of long-term capital gain.

Different types of property

Under the Internal Revenue Code, different provisions address different types of property. For example:

Section 1245 property. This consists of all depreciable personal property, whether tangible or intangible, and certain depreciable real property (usually real property that performs specific functions). If you sell Section 1245 property, you must recapture your gain as ordinary income to the extent of your earlier depreciation deductions on the asset.
Section 1250 property. In general, this consists of buildings and their structural components. If you sell Section 1250 property that’s placed in service after 1986, none of the long-term capital gain attributable to depreciation deductions will be subject to depreciation recapture. However, for most noncorporate taxpayers, the gain attributable to depreciation deductions, to the extent it doesn’t exceed business property net gain, will (as reduced by the business property recapture rule above) be taxed at a rate of no more than 28.8% (25% plus the 3.8% net investment income tax) rather than the maximum 23.8% rate (20% plus the 3.8% net investment income tax) that generally applies to long-term capital gains of noncorporate taxpayers.

Other rules apply to, respectively, Section 1250 property that you placed in service after 1980 and before 1987, and Section 1250 property that you placed in service before 1981.

Even with the simple assumptions presented in this article, the tax treatment of the sale of business assets can be complex. Tools like cost segregation, combined with a solid grasp of tax rules, can make a significant difference in tax outcomes and improve a business’ overall financial strategy when it sells business property.

Back to industry updates

In today’s data-driven world, businesses of all sizes—from small startups to large conglomerates—collect vast amounts of data. However, the true challenge lies in transforming this raw data into actionable insights that drive informed decision-making. Microsoft’s Power BI is a powerful business intelligence tool designed to help organizations convert data into meaningful reports and visualizations, making data analysis more accessible, insightful, and actionable.

Why Power BI is Essential for Modern Businesses

1) Data Consolidation Across Multiple Sources: Power BI allows businesses to integrate data from multiple sources, such as Excel, cloud services, databases, and even the web. This unified data access means that businesses can analyze sales, operations, finance, and customer data all in one place, enabling cohesive decision-making across departments.

2) Real-Time Analytics: Power BI provides real-time data streaming, meaning businesses can track key performance indicators (KPIs) and metrics as they happen. This allows companies to respond proactively to changes in market conditions or internal performance issues, rather than relying on static, outdated reports.

3) Advanced Data Visualization: While tools like Excel can visualize data to a degree, Power BI takes this a step further with interactive, highly customizable dashboards. These dashboards provide a clear view of complex datasets and help users easily identify trends, outliers, and opportunities through modern visuals like heatmaps, treemaps, and geographic maps.

4) Self-Service Business Intelligence: One of the greatest advantages of Power BI is its ease of use. Users across the organization, not just those in IT, can create their own reports and dashboards. This empowers all team members to make data-driven decisions and fosters a culture of data literacy throughout the organization.

5) Scalability and Affordability: Power BI is built on scalable data engines capable of handling large datasets without performance degradation. Additionally, its pricing structure is progressive, offering free options for small organizations using Power BI Desktop, and affordable licensing for larger enterprises that need cloud sharing and collaboration.

How to Set Up Power BI for Success

To maximize the potential of Power BI, proper setup and ongoing optimization are critical. Here’s a step-by-step approach:

1) Define Clear Objectives: Before jumping into Power BI, businesses should outline their goals. What key metrics are you tracking? What decisions do you hope to influence with your data? Aligning Power BI with these objectives ensures you are focused on the right data and insights.

2) Data Integration and Cleaning: Power BI excels when data is clean and consistent. Use tools like Power Query to prepare data from various sources, ensuring accuracy and reliability before analysis. Once cleaned, Power BI can pull in data from sources such as SAP, Oracle, Azure, and even websites.

3) Establish Roles and Permissions: To protect sensitive data, businesses should set up appropriate user roles in Power BI. The platform allows administrators to grant different permissions, ensuring that data is secure while still enabling collaboration across departments.

4) Foster a Data-Driven Culture: Training employees to use Power BI is essential for unlocking its full potential. Encourage team members to build their own reports and dashboards, fostering a culture where data literacy thrives.

Best Practices for Power BI Optimization

Even after setting up Power BI, ongoing refinement is essential to ensure the tool evolves alongside your business. Here are some optimization tips:

– Automate Data Refreshes and Alerts: Set up automatic data refreshes to ensure your dashboards always display the latest information. Use alerts to notify key stakeholders when KPIs reach critical thresholds, enabling faster responses to emerging trends.

– Optimize Report Performance: As data volumes grow, it’s important to optimize reports for performance. Techniques like DirectQuery and incremental refreshes can help keep reports running smoothly, even with large datasets.

– Design with Simplicity: Power BI dashboards should be clear and concise. Avoid overloading users with too much information, and focus on the most critical data points. Use consistent visualizations, round numbers, and clean layouts to enhance readability.

– Security and Governance: Power BI offers robust data security features, such as row-level security, allowing businesses to protect sensitive data while still leveraging the platform’s collaborative features.

Conclusion: Unlock the Power of Your Data with Power BI

Power BI transforms data into actionable insights, making it a critical tool for businesses looking to gain a competitive edge in today’s data-driven world. By integrating data across multiple sources, offering real-time insights, and enabling self-service reporting, Power BI helps businesses make informed decisions that drive growth, efficiency, and profitability.

With proper setup, ongoing optimization, and a commitment to fostering a data-driven culture, your organization can fully unlock the power of Power BI and harness the full potential of your data.

Ask us about how RothTech can help your organization leverage the full potential of Power BI for deeper insights and better decision-making.

Back to industry updates

The IRS defines voluntary disclosure as “a way for taxpayers with previously undisclosed income to contact the IRS and resolve their tax matters.” It’s their way of offering remiss taxpayers the opportunity to mitigate potential penalties.

This new program refers specifically to the COVID-era Employee Retention Credit (ERC). If you claimed and received the Employee Retention Credit (ERC) for 2021 tax periods, but you are, in fact, ineligible, you will need to repay the credit. The Voluntary Disclosure Program, or VDP, may be your chance to regroup.

An analysis conducted by the IRS found that a whopping 60% to 70% of applications for the ERC show an unacceptable “level of risk.” This is IRS lingo for claims they believe have a high likelihood of being ineligible for the credit. Tens of thousands of these are slated to be denied in the coming months. This high percentage of erroneous filings has inspired the IRS to temporarily reopen the Voluntary Disclosure Program and give businesses the chance to repair or retract their improperly filed claims to avoid potential civil penalties, audit costs and possible litigation.

Round two of the Voluntary Disclosure Program (VDP) was launched on August 15, 2024 and will close soon – on November 22, 2024. The VDP offers a 15% discount on the repayment of a claimant’s errant claim and the opportunity to avoid penalties, audits, or fees associated with that incorrect claim.

The IRS is marketing this “discount” as defraying the high expenses that many businesses needed to pay their (overly aggressive) advisors or promoters in order to get the ERC in the first place. Couched in another way, the IRS is willing to pay 15% of the claim in order to get their hands on the other 85% and to get the business to rat on the promoters of ineligible claims.

The first ERC VDP earlier this year offered a more generous 20% discount, but that offer is gone. If a taxpayer believes that it is eligible for the ERC, but wants to recalculate to claim a different amount, it will have to file an amended return to report that reduced amount.

Only those who have claimed ERC for 2021 (not 2020) and have received the refund or the credit against their employment taxes, are eligible to take advantage of VDP 2.0. If a claimant has already received an IRS “clawback” notice demanding repayment, they’re out of luck. If they are in the middle of an employment tax exam for the credit period or are under criminal investigation, they have also lost their chance. When a claimant is accepted to the Voluntary Disclosure Program, they must execute a closing agreement explicitly stating that they are not entitled to the ERC – and the IRS doesn’t stop there. In its efforts to identify potentially abusive ERC promotors, the claimant will have to provide the names and contact information of the preparer or advisor who helped them submit the claim.

If you’ve applied for the ERC but have not yet received a credit or refund or have received a check but have left it uncashed, then you are not eligible for this program. Instead, the IRS offers a withdrawal process. This process effectively reverses your claim, treating it as if it was never filed. The IRS will graciously hold back from imposing penalties or interest as well. However, you won’t get the 15% “discount.” To date, the claim withdrawal process has led to more than 7,300 entities withdrawing $677 million.

The IRS continues hunting for erroneous or fraudulent ERC claims and has already mailed out thousands of letters disallowing unpaid ERC claims to businesses in these last few months. This deluge of letters represents more than $1 billion in ERC claims.

It is interesting to note that the IRS seems to be targeting only those that have already received their credits. For many businesses that have already received (and in most cases, spent) the monies, it would be very hard to part with what they already have in hand.

Do you need to rethink your ERC claim? Was your preparer above board? Was he or she knowledgeable about your business and informed about ERC qualifications? Was your eligibility based on “general supply chain disruptions?”

Our recent experience handling numerous ERC audits have shown us that the IRS has been operating under a policy of “deny first, ask questions later.” Your claim may deserve a revisit, and the Voluntary Disclosure Program may be your return ticket to proper compliance.

Back to industry updates

“Democracy is the theory that the common people know what they want and deserve to get it good and hard.”

— H. L. Mencken

It’s that season again — when those running for public office start making promises of all shapes and sizes, even those that defy the laws of economics. But let’s not forget their ultimate goal: to get more votes. As Churchill lamented, “The best argument against democracy is a five-minute conversation with the average voter.”

Let’s examine a few recent examples:

Vice President Harris, in her “economic plan” released on August 15th, promised to ban price gouging. This term usually refers to sellers exploiting market power to unfairly raise prices. With grocery prices up 26% since 2020, addressing this issue sounds appealing. However, even The New York Times felt compelled to critique this proposal, quoting economist Jason Furman: “This is not sensible policy, and I think the biggest hope is that it ends up being a lot of rhetoric and no reality.” Harris’s economic advisers surely know that price gouging bans have never and will never work, but they’re banking on voters not noticing.

Then there’s former President Trump’s tariff proposal: a 10% tariff on all imported goods. While this might appeal to voters who favor “America First” policies and resist globalization, these tariffs would ultimately raise prices for consumers. Although certain adverse measures can be justified in certain areas like computer chips (national security) or medicine (as seen during COVID), they ignore the fact that importing cheaper goods has long kept American lifestyles more affordable.

A final example is the bipartisan silence on the solvency of Social Security and the national debt. Telling seniors they might face pay cuts, or juniors that they need to pay more into the system, doesn’t win votes. As a result, these topics remain taboo until they become ticking time bombs.

Historian Niall Ferguson recently highlighted his “personal law of history:” “Any great power that spends more on debt service (interest payments on the national debt) than on defense will not stay great for very long. True of Habsburg Spain, t ancient régime France, true of the Ottoman Empire, true of the British Empire, this law is about to be put to the test by the U.S. beginning this very year.” Tackling this issue isn’t politically advantageous, so it’s conveniently ignored.

While were not here to predict the future, it is important to recognize the incentives driving political stances. To draw from the Churchill well once again, “Democracy is the worst form of government, except for all those other forms that have been tried from time to time.” It’s high time for voters to wake up to economic reality – politics is often a game of fantasy.

Back to industry updates

Non-compete agreements have always been considered a valuable business tool, especially after a merger or acquisition. However, these agreements have become more complicated in the wake of a new and controversial final rule, issued in April 2024, by the Federal Trade Commission (FTC) proposing a ban on noncompete agreements for most employees and independent contractors. The rule would have gone into effect in September 2024.

To counter the FTC’s effort, the U.S. Chamber of Commerce and several business groups filed federal lawsuits challenging the final rule, arguing that the FTC lacked the authority to enact the ban and that it violated the Constitution. By August 20, 2024, they prevailed, and the rule was struck down. The Court concluded that the FTC’s decision was “arbitrary and capricious,” stating that the Non-Compete Rule was “unreasonably overbroad.” The Court was specifically offended by the rule’s “one size fits all” solution to the potential hazards of a non-compete.

This ruling will not impact state laws on non-competes. Several states have already limited their use. Minnesota banned workplace non-competes in July 2023, and New York nearly passed a similar ban before it was vetoed. States like Indiana have also restricted non-competes in specific cases.

Non-compete agreements have been around for decades. Some are required at the get-go, as a prerequisite for employment, and some kick in upon termination of employment. The employer will require an employee to sign a non-compete agreement to protect the employer’s business interests, guard against disclosure of trade secrets, and prevent the employee from poaching customers or clients. These agreements will generally limit employment activities in the same field, for a specified period, and their goal is to protect the employer.

Non-competes also may come into play in business combinations. These agreements typically prevent the seller from competing with the buyer within a specified geographic area for a certain time period (usually five years or less).

A non-compete agreement may be estimated in various circumstances, including legal disputes, mergers, financial reporting and tax matters. The most common approach to valuing a non-compete agreement is the ‘with-and-without’ method. Without a non-compete agreement, the worst-case scenario is that competition from the employee or seller will drive the company out of business. Therefore, the value of the entire business represents the highest ceiling for the value of a non-compete.

The business’ tangible assets possess some value and could be liquidated if the business failed, and it is unlikely that the employee or seller will be able to steal 100% of a business’s profits. So, when valuing non-competes, experts typically run two discounted cash flow scenarios — one with the non-compete in place, and the other without.

The valuation expert computes the difference between the two expected cash flow streams and includes consideration of several other factors:

The company’s competitive and financial position
Business forecasts and trends
The employee’s or seller’s skills and customer relationships

Next, each differential must be multiplied by the probability that the individual will subsequently compete with the business. If the party in question has no incentive, ability, or reason to compete, then the non-compete can be worthless. Factors to consider when predicting the threat of competition include the individual’s age, health, financial standing and previous competitive experience. When valuing non-competes related to mergers and acquisitions, the expert will also consider any post-sale relocation and employment plans.

A critical factor to consider when valuing non-competes is whether the agreement is legally enforceable. The restrictions in the agreement must be reasonable. For example, some courts may reject non-competes that cover an unreasonably large territory or long period of time. What is “reasonable” varies from business to business, and is subject to the particulars of the business, the terms of the agreement, state statutes and case law.

What does this mean for your business? The legal battle over non-competes has drawn attention to their use, prompting the corporate world to reconsider work relationships without restrictive covenants. Non-competes will likely be viewed differently moving forward. As with all business-related legislation, businesses should stay updated and informed of changes and revisions that may affect its employment practices and its bottom line.

Back to industry updates

Partnerships, and some multi-member LLCs, are a popular choice for businesses and investments because of the federal income tax advantages they offer – particularly pass-through taxation. In return, they must also follow specific, and sometimes complex, federal income tax rules.

Governing documents
A partnership is governed by a partnership agreement, which specifies the rights and obligations of the entity and its partners. Similarly, an LLC is governed by an operating agreement, which specifies the rights and obligations of the entity and its members. These governing documents address certain tax-related issues that dictate how profits and losses are allocated, outline tax responsibilities, and ensure compliance with relevant tax laws.

Partnership tax basics
The tax numbers of a partnership are allocated to the partners. The entity issues an annual Schedule K-1 to each partner to report his or her share of the partnership’s tax numbers for the year. The partnership itself doesn’t pay federal income tax. This arrangement is called pass-through taxation because the tax numbers from the partnership’s operations are passed through to the partners who then take them into account on their own tax returns (Form 1040 for individual partners). Partners can also deduct partnership losses passed through to them, subject to various federal income tax limitations, such as the passive loss rules.

Special tax allocations
Partnerships are allowed to make special tax allocations. This is an allocation of partnership loss, deduction, income or gain among the partners that’s disproportionate to the partners’ overall ownership interests. The best measure of a partner’s overall ownership interest is the partner’s stated interest in the entity’s distributions and capital, as specified in the partnership agreement.

An example of a special tax allocation is when a 50% high-tax-bracket partner is allocated 80% of the partnership’s depreciation deductions while the 50% low-tax-bracket partner is allocated only 20% of the depreciation deductions. All unique tax allocations should be set forth in the partnership agreement and must comply with complicated rules in IRS regulations.

Distributions to pay partnership-related tax bills
Partners must recognize taxable income for their allocations of partnership income and gains — whether those income and gains are distributed as cash to the partners or not. Therefore, a common partnership agreement provision is one that calls for the partnership to make cash distributions to help partners cover their partnership-related tax liabilities. Of course, those liabilities will vary, depending on the partners’ specific tax circumstances.

The partnership agreement should specify the protocols that will be used to calculate distributions intended to help cover partnership-related tax bills. For example, the protocol for long-term capital gains might call for distributions equal to 15% or 20% of each partner’s allocation of the gains. Such distributions may be paid out in early April of each year to help cover partners’ tax liabilities from their allocations of income and gains from the previous year.

When creating a partnership or LLC, it’s crucial to document tax considerations in a formal agreement to avoid future complications. This includes clearly outlining how income, losses, and deductions will be allocated among members, as well as specifying the tax responsibilities each member will bear. By addressing these tax issues upfront, partners and members can avoid potential conflict and ensure compliance with federal tax regulations.

Back to industry updates

Political passions run deep but allowing them to dictate investment decisions can be perilous. A 2020 UBS poll revealed that nearly half (46%) of American investors planned to adjust their portfolios based on the outcome of the presidential election. This highlights a concerning trend: letting political affiliation influence financial strategy. Beyond the inherent difficulties of market timing, throwing political aspects into the mix can lead to even greater risk.

Then there’s the research that exposes a more insidious enemy: confirmation bias.

Confirmation bias is the cognitive tendency to seek out, interpret, and favor information that confirms our pre-existing beliefs, while disregarding or downplaying contradictory evidence. In simpler terms, we often see what aligns with our established views, and readily reinforce them while dismissing anything that may challenge them. The thinking is always that if the “other guy” wins, markets will crash.

Even more concerning, party affiliation often colors perceptions of the national economy, with the party in power typically receiving higher approval ratings.

This chart illustrates a persistent trend: we tend to feel good about the economy if our party is in power, and vice versa. So it’s not only a divide in regard to what will happen in the future, we can’t even agree on what is happening right now! The last time public opinion was in agreement regarding the economy was during the Clinton administration, when strategist James Carville famously declared, “It’s the economy, stupid!” Apart from that, there’s always been a clear divide.

What may be surprising is that historically, investing only under a democratic president yielded a much higher return than investing under only republican administrations. The growth of a $10,000 investment in 1950 would have been $405,540 under the Democrats, versus only $77,770 under the Republicans. But here’s the kicker – had you remained invested the whole time, the growth of that $10,000 investment would have come to $3.15 million dollars!

Does the president actually have any sway on this? Or are market cycles the main actor? It’s hard to say that President Bush was at fault for the great recession and housing crisis of 2008, and it was definitely good luck for President Obama, to be in office during the recovery. Markets and business cycles sing to their own tune, and don’t care who is warming the chair in the oval office.

Despite being informed and educated, investors will often still want to base their “thematic investing” decisions, where they invest in a certain sector or theme, on their projected election outcome.

Consider someone who believed President Trump’s “drill, baby, drill” slogan would boost the oil and gas industry. Despite this expectation, the SPDR Fund Energy Select Sector (ticker XLE) plummeted by 48% during his tenure. Similarly, those who assumed natural gas would thrive under President Biden have been disappointed, with most ETFs tracking natural gas being down by about 70% during his time in office.

The takeaway? When it comes to your investment accounts, leave confirmation bias at the login screen. Focus on what truly matters: your financial goals. By employing a well-defined strategy tailored to your individual needs and risk tolerance, you can navigate the markets with greater clarity and avoid the pitfalls of political influence.

Back to industry updates

Maximizing current-year depreciation write-offs for newly acquired assets is a must for every business. Two federal tax breaks can be a big help in achieving this goal: first-year Section 179 depreciation deductions and first-year bonus depreciation deductions. These two deductions can potentially allow businesses to write off some or all of their qualifying asset expenses in Year 1.

Here’s how to coordinate these write-offs for optimal tax-saving results.

Sec. 179 deduction basics

Most tangible depreciable business assets — including equipment, computer hardware, vehicles (subject to limits), furniture, most software, and fixtures — qualify for the first-year Sec. 179 deduction.
Sec. 179 deductions are also allowed for nonresidential building roofs, HVAC equipment, fire protection systems and security systems.
Depreciable real property generally doesn’t qualify unless it’s qualified improvement property (QIP).

QIP means any improvement to an interior portion of a nonresidential building that’s placed in service after the date the building is placed in service — except for any expenditures attributable to the enlargement of the building, any elevator or escalator, or the internal structural framework.
The inflation-adjusted maximum Sec. 179 deduction for tax years beginning in 2024 is $1.22 million. It begins to be phased out if 2024 qualified asset additions exceed $3.05 million. (These are up from $1.16 million and $2.89 million, respectively, in 2023.)

Bonus depreciation basics
Most tangible depreciable business assets also qualify for first-year bonus depreciation. In addition, software and QIP generally qualify. To be eligible, a used asset must be new to the taxpayer.

For qualifying assets placed in service in 2024, the first-year bonus depreciation percentage is 60%. This is down from 80% in 2023.

Sec. 179 vs. bonus depreciation
The current Sec. 179 deduction rules are generous, but there are several limitations:

- The phase-out rule mentioned above,
- A business taxable income limitation that disallows deductions that would result in an overall business taxable loss,
- A limited deduction for SUVs with a gross vehicle weight rating of more than 6,000 pounds, and
- Tricky limitation rules when assets are owned by pass-through entities such as LLCs, partnerships, and S corporations.

First-year bonus depreciation deductions aren’t subject to any complicated limitations but, as mentioned earlier, the bonus depreciation percentages for 2024 and 2023 are only 60% and 80%, respectively.

So, the current tax-saving strategy is to write off as much of the cost of qualifying asset additions as you can with Sec. 179 deductions. Then claim as much first-year bonus depreciation as you can.

Example: In 2024, your calendar-tax-year C corporation places in service $500,000 of assets that qualify for both a Sec. 179 deduction and first-year bonus depreciation. However, due to the taxable income limitation, the company’s Sec. 179 deduction is limited to only $300,000.

- You can deduct the $300,000 on your corporation’s 2024 federal income tax return.
- You can then deduct 60% of the remaining $200,000 ($500,000 − $300,000), thanks to first-year bonus depreciation.

So, your corporation can write off $420,000 in 2024 [$300,000 + (60% x $200,000) = $420,000]. That’s 84% of the cost! Note that the $200,000 bonus depreciation deduction will contribute to a corporate net operating loss that’s carried forward to your 2025 tax year.

Manage tax breaks
Coordinating Sec. 179 deductions with bonus depreciation deductions is a tax-wise idea and a useful tool in a business’ tax strategy toolbox. Applied correctly, this strategy may allow your business to potentially write off some or all of its qualifying asset expenses in Year 1. That’s good for your books and good for your business.

Back to industry updates

Taxpayers and practitioners agree that attempting to contact the IRS by phone can be a frustrating endeavor. Every year, millions of taxpayers seek IRS assistance by reaching out to the IRS’ toll-free and international telephone lines with their federal tax questions, requests for tax forms, to check on the status of their refunds, or to follow up with IRS correspondence or notices. All too often, they are met with long wait times, disconnected calls and general anxiety. The Taxpayer Advocate Service, an independent organization within the IRS, was created to champion the taxpayers’ cause by mediating between taxpayers and the IRS to help resolve tax issues. But a recent study of TAS phone lines conducted by the Treasury Inspector General for Tax Administration (TIGTA), found that catching TAS for a heart to heart talk is equally as challenging as contacting the IRS directly.

With the Inflation Reduction Act (IRA) of 2022, $80 billion in supplemental funding was allocated to help the IRS up its game. One area of improvement focused on increasing the level of service via IRS telephone lines. In November of 2023, the Treasury Inspector General issued a report on the quality of customer service with the objective of determining whether IRS help lines were operational and able to provide taxpayers simple, fast, and accessible customer service.

Testers called 102 IRS customer service telephone numbers during the 2023 tax filing season to evaluate the quality of customer service and found that 21 of them placed the caller on hold for more than 30 minutes, before the caller ultimately ended the call. Other flaws emerged; taxpayers were referred to incorrect phone lines, the offer to provide messages in either English or Spanish was inconsistent, taxpayers did not always receive a return call as promised and hold times were excessive. In its Objectives Report to Congress for fiscal year 2025, the National Taxpayer Advocate service cited flaws in IRS taxpayer communications and advocated for the IRS to, “do a more comprehensive measure of phone service that includes the quality of the caller’s experience.”

Despite the Advocates Service’s best intentions, when TIGTA turned its spotlight on TAS itself, it didn’t fare much better. In July of 2024, TIGTA issued an evaluation report about how ready and responsive TAS phone lines were; the results sounded familiar.

TAS telephone lines were found to be inconsistent in providing taxpayers with the ability to speak with a TAS representative. TIGTA called all 76 local TAS telephone lines in the United States, using the telephone numbers listed on the TAS and IRS websites. Some telephone lines were found to be out of service, voicemail boxes were often full and unable to address the call, and recorded scripted messaging and callback times were inconsistent. Of the 76 calls made, only two were answered by a TAS representative. Automatic voicemail prompts promised that callbacks would be received anywhere between one business day to as long as four weeks. TIGTA also compared contact information for telephone numbers, fax lines, and local addresses between what was listed on the TAS and the IRS website and found several discrepancies. It identified voicemail messaging that had significant differences in the information being communicated.

After reviewing TIGTA’s draft report, TAS stepped up to the plate and agreed with much of its results and recommendations. TAS took corrective actions to make changes to voicemail messages, made updates to the IRS and TAS websites, and is striving to provide more consistent information to taxpayers. However, as claimed by its compatriot, the IRS, TAS management contends that it is short staffed and cannot adopt all of TIGTA’s recommendations.

Despite ongoing efforts to improve, IRS-taxpayer communications remain a messy business. In our experience, communicating with the IRS is best achieved by utilizing their call-back feature; which we have found to be fairly dependable and helpful. Nevertheless, when attempting to work out your issues with the IRS, patience and perseverance must rule the day.

Back to industry updates

If you’re a confident investor, this might be your moment. High interest rates, tighter financing options and general economic uncertainty have banks worried. Defaults and distressed properties are on the horizon, but surprisingly, banks seem more inclined to sell off their loan portfolios rather than dive into the real estate game. This may be the time for investors to move in and take advantage of bargains and buy-offs.

As the Federal Reserve continues to battle inflation, the resultant high rates have become worrisome to a broad range of investment sectors. The commercial real estate (CRE) industry’s $4.5 trillion of outstanding mortgage debt means that there’s what to worry about. According to research conducted by Ernst & Young LLP , the average reported mortgage rate exceeded the average reported property cap rate in Q4 2022 and Q2 2023. The last time this occurred was during the 2008 financial crisis.

The market’s high volume of distressed debt that is approaching maturity leaves investors operating in loss positions. According to Trepp, a financial data and analytics company that provides information, analytics, and technology solutions to the real estate industry, approximately $2.81 trillion of debt is coming due by 2028. It is likely that banks will be looking to generate workouts with needy borrowers to unload that debt.

Higher interest rates, stiffer financing options and high and rising operating costs have created a sluggish CRE market, negatively affecting real estate valuations. Despite the market’s uncertainty, experts agree that confident buyers, looking for long term results, may find worthwhile opportunities by buying out bank debt.

In an effort to minimize risk and avoid exposure banks are taking a more restrained approach and avoiding foreclosing and repossessions. They are opting instead to unload troubled assets by selling debt. This makes it a good time for the knowledgeable investor to step in. Because banks are looking to dispose of loan books, investors need to be prepared to act quickly. “Investors need to begin planning in advance for transactions in terms of how they plan to mobilize, how they get data, how they are going to underwrite the property cash flows and loan cash flows and ultimately arrive at a price for the portfolio,” says EY’s Kevin Hanrahan

How can the investor take up Hanrahan’s advice? Robust tech capabilities can ensure that the investor is able to pull data, and process and aggregate it swiftly, leaving a clear path for the underwriting process. An investor that can access his or her information efficiently will be able to jump into negotiations quickly with realistic pricing and valuation data.

The continued uncertainty in the real estate industry will be felt uniquely by banks, borrowers, and investors. Experts agree that, as banks make more moves to unload debt, and more loan books enter the marketplace, investors should make sure to be prepared to respond quickly to win deals.

Investors who’ve had the foresight to build relationships with banks, who are able to effectively rely on their technology to access data, and who have the know-how to use their data to calculate realistic pricing, will be in the driver’s seat when an opportunity presents itself. Do your homework and be there with them.

Back to industry updates

The Qualified Business Income (QBI) deduction is a tax deduction that allows eligible self-employed individuals and small-business owners to deduct up to 20% of their qualified business income on their taxes. Eligible taxpayers can claim the deduction for tax years beginning after December 31, 2017, and ending on or before December 31, 2025 – so be sure to take advantage of this big tax saver while it’s around.

Deduction basics

Pass-through business entities report their federal income tax items to their owners, who then take them into account on their owner-level returns. So the QBI is written off at the owner level. It can be up to 20% of:

QBI earned from a sole proprietorship or single-member LLC that’s treated as a sole proprietorship for tax purposes, and
QBI from a pass-through entity, meaning a partnership, LLC that’s treated as a partnership for tax purposes or S corporation.

QBI is calculated by taking income and gains and reducing it by the following related deductions.

deductible contributions to a self-employed retirement plan,
the deduction for 50% of self-employment tax, and 3) the deduction for self-employed health insurance premiums.

Unfortunately, the QBI deduction doesn’t reduce net earnings for purposes of the self-employment tax, nor does it reduce investment income for purposes of the 3.8% net investment income tax (NIIT) imposed on higher-income individuals.

Limitations

At higher income levels, QBI deduction limitations come into play. For 2024, these begin to phase in when taxable income before any QBI deduction exceeds $191,950 ($383,900 for married joint filers). The limitations are fully phased in once taxable income exceeds $241,950 or $483,900, respectively.

If your income exceeds the applicable fully-phased-in number, your QBI deduction is limited to the greater of: 1) your share of 50% of W-2 wages paid to employees during the year and properly allocable to QBI, or 2) the sum of your share of 25% of such W-2 wages plus your share of 2.5% of the unadjusted basis immediately upon acquisition (UBIA) of qualified property.

The limitation based on qualified property is intended to benefit capital-intensive businesses such as hotels and manufacturing operations. Qualified property means depreciable tangible property, including real estate, that’s owned and used to produce QBI. The UBIA of qualified property generally equals its original cost when first put to use in the business.

Finally, your QBI deduction can’t exceed 20% of your taxable income calculated before any QBI deduction and before any net capital gain (net long-term capital gains in excess of net short-term capital losses plus qualified dividends).

Unfavorable rules for certain businesses

For a specified service trade or business (SSTB), the QBI deduction begins to be phased out when your taxable income before any QBI deduction exceeds $191,950 ($383,900 for married joint filers). Phaseout is complete if taxable income exceeds $241,950 or $483,900, respectively. If your taxable income exceeds the applicable phaseout amount, you’re not allowed to claim any QBI deduction based on income from a SSTB.

Other factors

There are other rules that apply to this tax break. For example, you can elect to aggregate several businesses for purposes of the deduction. It may allow someone with taxable income high enough to be affected by the limitations described above to claim a bigger QBI deduction than if the businesses were considered separately.

There also may be an impact for claiming or forgoing certain deductions. For example, in 2024, you can potentially claim first-year Section 179 depreciation deductions of up to $1.22 million for eligible asset additions (subject to various limitations). For 2024, 60% first-year bonus depreciation is also available. However, first-year depreciation deductions reduce QBI and taxable income, which can reduce your QBI deduction. So, you may have to thread the needle with depreciation write-offs to get the best overall tax result.

Use it or potentially lose it

Time is running out for self-employed and business owners to take advantage of the QBI; and while Congress could extend it, it’s doubtful that they will. Maximizing the deduction for 2024 and 2025 is a goal worth pursuing. Speak to your accounting professional to find out more.

Back to industry updates

In the wide, wide world of mergers and acquisitions (M&A), most business buyers conduct thorough due diligence before closing their deals. This usually involves carefully investigating the target company’s financial, legal, and operational positions.

As a business owner, you can perform these same types of reviews of your own company to discover critical insights.

Now you can take a deep dive into your financial or legal standing if you think something is amiss. But assuming all’s well, the start of a new year is a good time to perform an operational review.

Why Perform an Operation Review?

An operational review is essentially a reality check into whether – from the standpoint of day-to-day operations – your company is running smoothly and fully capable of accomplishing its strategic objectives.

For example, a real estate business relies on recurring revenue from established clients as well as new revenues, in order to survive and grow. It needs to continuously ensure that it has the knowledge, talent and resources to acquire, buy or lease properties to develop or resell. The point is, you don’t want to fall behind the times, which can happen all too easily in today’s environment of disruptors and rapid market changes.

Before getting into specifics, gather your leadership team and ask yourselves some big-picture questions:

Is your company falling short of its financial goals?

An operational review can spotlight both lapses and opportunities for increased profit and can offer recommendations to improve management performance.

Are day-to-day operations working efficiently?

Implementing system controls like automated financial tracking systems and data analytic tools can help real estate companies streamline their operations and improve efficiency.

Is your company organized optimally to safeguard its financial records and reports?

Protecting financial information is especially important in the real estate industry where most transactions involve large sums of money.

Are your company’s assets sufficiently protected?

Implementing system controls to protect your business and its properties can prevent unauthorized access; making regular inspections will identify any issues or damage.

What to look at

When business buyers perform operational due diligence, they tend to evaluate at least 3 primary areas of a target company:

Operations: Buyers will scrutinize a company’s structure and legal standing, contracts and agreements, sales and purchases, data privacy and security and more. Their goal is to spot performance gaps, identify cost-cutting opportunities and determine ways to improve the bottom line.
Selling, general & administrative (SG&A): This is a financial term that summarizes a company’s sales-related and administrative expenses. An SG&A analysis is a way for business buyers — or you, the business owner — to assess whether the company’s operational expenses are too high or too low.
Human resources (HR): Buyers typically review a target business’s organizational charts, staffing levels, compensation and benefits, and employee bonus or incentive plans. Their goal is to determine the reasonability and sustainability of each of these factors.

A Funny Question to Ask Yourself

Would you buy your real estate company if you didn’t already own it? It may seem like a funny question, but an operational review can tell you, objectively, just how efficiently and impressively your business is running. Roth&Co is happy to help you gather and analyze the pertinent information involved.

Back to industry updates

Roth&Co hosted a webinar on February 28, 2024, featuring Tax Controversy Manager Ahron Golding, Esq. The webinar discussed the recent approach that the IRS has been taking towards the Employee Retention Credit (ERC), scrutinizing ERC claims for abuse and fraud. Audits and criminal investigations on promoters and businesses filing questionable claims are intensifying, with thousands of audits already in the pipeline.

What is the IRS looking for? Here is what the IRS refers to as the ‘suspicious seven:’

Too many quarters being claimed

Some promoters have urged employers to claim the ERC for all 7 quarters that the credit was available. Since the IRS believes that it is rare for a business to legitimately qualify for all quarters, making a claim for all of them is a red flag.

Government orders that don’t qualify

In order for a business to qualify for the ERC due to a government order that compromised their operations:

the order must have been in effect for the periods claimed
the order must have been directed towards the business rather than towards the customer
the full or partial shutdown must have been by order and not simply via guidance or recommendation
the IRS is looking for the negative financial impact on the business

Claiming that an entire segment of a business was shut down, though that segment was not significant compared to the entire business, will cause a claim to be disallowed.

Too many employees and wrong ERC calculations

The laws are complex, and have changed throughout 2020 and 2021. Dollar limits, credit amounts, and the definition of qualified wages changed as well. Make sure your calculations are accurate.

Supply chain issues

The IRS is not looking kindly at claims based on general supply chain disruption.

Business claiming the ERC for too much of a tax period

If eligibility is based on full or partial suspension, then a business can only claim the ERC for wages paid during the period of actual suspension, not necessarily the whole quarter.

Business did not pay wages or did not exist during the eligibility period

If the business did not exist or pay any wages during the period of the claim, the claim will be disallowed by the IRS and prosecuted for fraud.

Promoter says there’s nothing to lose

Promoters that urged businesses to claim the ERC because they had “nothing to lose” were mistaken. Incorrectly claiming the ERC invites repayment requirements, penalties, interest, audits, and the expense of hiring someone to help resolve the error, amend returns, and represent the business in an audit.

The IRS has a comprehensive ERC eligibility checklist here.

Many businesses have neglected to take into account the issue of aggregation as it applies to the ERC credit. This can potentially effect employee count, revenue, and other crucial calculations.

Overall, the IRS is not too pleased with ERC promoters. IRS auditors have been trained to start an audit by asking who the taxpayer used to help prepare their claim. The IRS expects a taxpayer to utilize a trusted tax professional, rather than a dubious ‘ERC mill’.

What if the employer has an opinion letter to back up his claim? Generally, opinion letters are only as valuable as the backup data they provide. If a claim can be justified by hard numbers, it will help the employer if challenged.

If a business determines that it incorrectly claimed the Employee Retention Credit, it can use the ERC claim withdrawal process outlined here, so long as the business has not yet received the credit or hasn’t deposited an ERC check. Requesting a withdrawal means a business is asking the IRS not to process their entire adjusted return that included the ERC claim. If the IRS accepts the request, the claim will be treated as if it was never filed.

If a business incorrectly received the ERC before December 21, 2023, and deposited the check, they can apply for the ERC Voluntary Disclosure Program before March 22nd, 2024. This program allows participants to repay only 80% of the ERC they received as a credit on their return or as a refund. Click here for more details.

If your business received an opinion letter regarding ERC eligibility that you would like us to review, please email engage@rothcocpa.com.

This summary has been presented for educational purposes only and does not constitute a comprehensive study of the ERC tax laws or serve as a legal opinion or tax advice.

Back to industry updates

There are two accounting methods businesses use to figure their taxable income: cash and accrual. According to the IRS, your choice of accounting method should properly reflect the income and expenses you report for tax purposes. Very often, the cash method provides significant tax benefits for eligible businesses – but not always. It is imperative for your business to evaluate which method will work best to ensure that it achieves the most advantageous tax benefits.

Cash method – Are you eligible?

“Small businesses” are generally eligible to use either cash or accrual accounting for tax purposes, and some may also be eligible to use various hybrid approaches. The Tax Cuts and Jobs Act (TCJA) defined a “small business” by establishing a single gross receipts threshold:

A “small business” is one whose average annual gross receipts for the three-year period ending before the 2024 tax year are $30 million or less (up from $29 million for 2023).

This is a notable change from before the TCJA took effect, where the gross receipts threshold for classification as a small business varied from $1 million to $10 million depending on how a business was structured.

Difference between the methods

The main difference between the cash basis and accrual basis of accounting is the timing of when expenses and income are recorded in your financial statements. Using the cash basis, a business will record transactions when payment is exchanged. Accrual basis accounting records income as it’s earned and expenses when they are incurred. For example, if a business pays for an insurance policy in one lump sum at the beginning of the year, using the cash basis, it will record this entire transaction when it’s paid. If using the accrual basis, the business would record a portion of the cost each month over the entire year.

Tax Advantages

For most businesses, the cash method provides both significant tax advantages as well as cash flow benefits. Because cash-basis businesses recognize income when received and deduct expenses when they are paid, they have greater control over the timing of income and deductions. Income is taxed in the year received, so using the cash method helps ensure that a business has the funds needed to pay its tax bill. Additionally, this method offers the bonus benefits of simplified inventory accounting, an exemption from the uniform capitalization rules, an exemption from the business interest deduction limit, and several other tax advantages.

The accrual method may be preferable if, for example, a company’s accrued income tends to be lower than its accrued expenses. This would result in lower tax liability. Other potential advantages of the accrual method include the ability to deduct year-end bonuses paid within the first 2½ months of the following tax year and the option to defer taxes on certain advance payments.

Switching methods

Besides considering the features offered by both methods, a business would have to carefully consider other factors before contemplating a switch. If your business prepares its financial statements in accordance with U.S. Generally Accepted Accounting Principles, it’s required to use the accrual method for financial reporting purposes. It would still be allowed to use the cash method for tax purposes, but it would require maintaining two sets of books – a costly and cumbersome choice. Changing accounting methods for tax purposes also may require IRS approval through filing. Before you make any changes, measure out the pros and cons for each method with your particular business in mind and reach out to the professionals at Roth&Co for advice and guidance.

Back to industry updates

Whether you are running a small business or are the CEO of a Fortune 500 company, having great leadership is critical for the success of any organization. Great business leaders don’t just inspire their employees to work harder and achieve more – they create a positive work culture that fosters growth, development, and success. The best business leaders create a vision for their company and help their employees turn that vision into a reality.

Becoming a great leader is a process — one that thrives on embracing challenges, seeking feedback, building connections, and cultivating understanding. While some leaders have certain innate skills that allow them to thrive, the majority of business leaders develop the necessary skills through a continuous journey of learning and growth. According to Professor Linda Hill, chair of the Leadership Initiative and author of Collective Genius: The Art and Practice of Leading Innovation, great leaders have intentionally put themselves into situations where they’ve had to learn, adapt, and grow. Finding and capitalizing on these situations is critical for developing the tenacity and fortitude to motivate and guide others.

There are certain qualities that great leaders need to have, like excellent communication, problem-solving skills, and delegating skills. I’ve written about these skills before, and they are a must for any strong business leader. Here are 5 additional qualities for successful leadership – according to Professor Linda Hill, along with ideas on how to help develop them:

Curiosity

Great leaders understand that curiosity is a mindset. They enjoy exploring uncharted waters and trying to understand the art of the ‘possible.’ They can look at situations and problems from the perspective of external stakeholders, such as customers or competitors, which enables them to better consider the broader context, beyond just an internal organizational viewpoint.

How to nurture curiosity

Be open to new experiences and people outside of your immediate division, function, and industry. Don’t be afraid to question the status quo, even if the questions seem basic or naive. The inspiration for the Polaroid instant camera came when Edwin Land’s daughter wanted to see a photo her father had just taken. When he explained that the film had to be processed, she wondered aloud, “Why do we have to wait for the picture?”

Adaptability

As technology evolves, the world changes faster and stakeholder expectations grow quicker. As a leader, you need to be able to adjust to these ever-shifting demands and cultivate an agile work culture. Adaptability allows you to swiftly respond to different issues, pivot when needed, and embrace new opportunities and challenges.

How to strengthen your adaptability

Venture beyond your comfort zone and push yourself to work in new environments with different kinds of people. By taking on assignments and seeking experiences that demand flexibility, you can help foster your adaptability.

Creativity

Any idea that is new and helpful to your company – is creative. Diversity of thought is the driving force behind true innovation, as each of us brings our own unique perspective and “slice of genius” to the table.

How to cultivate creativity

A leader’s job is not to come up with all the great ideas on their own, but rather to establish an environment that nurtures creativity in others. Encourage and promote diverse perspectives on your team. Different viewpoints standing against each other is when creativity flourishes and great ideas are born.

Authenticity

Being genuine and true to who you are is fundamental to success in any role and is even more important in leadership roles. Your talent and skills are not enough; people need to trust your character and connect with you, otherwise they will not be willing to take risks with you.

How to show your authenticity

Understanding how people perceive you is crucial for growth, but asking for and receiving feedback is not easy. Seek feedback at a time when you can remain open, without becoming defensive. Start by asking for feedback in more casual, low-pressure situations and work your way up to more formal and intensive reviews.

Empathy

Understanding and connecting with others on an emotional level is crucial to building trust and strengthening relationships. Great leaders need to see their employees not as robots, but as valuable team members. Leaders need to understand what matters to their employees, what their priorities are, and be able to find common ground. Developing empathy will give you a deeper appreciation of the challenges others are working through, and will help you foster a more supportive and nurturing environment.

How to develop greater empathy

Make a point to interact with employees by asking questions about their work preferences, the pressures they’re under, and their strengths and weaknesses. Your goal is to build understanding and connection. If someone’s opinions or actions strike you as illogical, it’s likely you don’t understand what matters most to that person.

Leadership isn’t a quality you either innately possess or lack. It is the composition of different skills that can be developed and perfected over time.

Back to industry updates

If a long-time business owner fails to establish a clearly written and communicated succession plan, the result can be chaotic. While there are many aspects to succession planning, one way to clearly document your goals — particularly if your company has multiple owners — is to draft a buy-sell agreement.

Avoiding conflicts

A “buy-sell,” as it’s often called for short, is essentially a contract that lays out the terms and conditions under which the owners of a business, or the business itself, can buy out an owner’s interest if a “triggering event” occurs. Such events typically include an owner dying, becoming disabled, getting divorced or deciding to leave the company.

If an owner dies, for example, a buy-sell can help prevent conflicts — and even litigation — between surviving owners and a deceased owner’s heirs. It also ensures that surviving owners don’t become unwitting co-owners with a deceased owner’s spouse who may have little knowledge of the business or interest in participating in it.

A buy-sell also spells out how ownership interests are valued. For instance, the agreement may set a predetermined share price or include a formula for valuing the company that’s used upon a triggering event, such as an owner’s death or disability. Or it may call for the remaining owners to engage a business valuation specialist to estimate fair market value.

By facilitating the orderly transition of a deceased, disabled or otherwise departing owner’s interest, a buy-sell helps ensure a smooth transfer of control to the remaining owners or an outside buyer.

This minimizes uncertainty for all parties involved. Remaining owners can rest assured that they’ll retain ownership control without outside interference. The departing owner, or in some cases that person’s spouse and heirs, know they’ll be fairly compensated for the ownership interest in question. And employees will feel better about the company’s long-term stability, which may boost morale and retention.

Funding the agreement

There are several ways to fund a buy-sell. The simplest approach is to create a “sinking fund” into which owners make contributions that can be used to buy a departing owner’s shares. Or remaining owners can simply borrow money to purchase ownership shares.

However, since there are potential complications with both options, many companies turn to life insurance and disability buyout insurance as a funding mechanism. Upon a triggering event, such a policy will provide cash that can be used to buy the deceased owner’s interest. There are two main types of buy-sells funded by life insurance:

1. Cross-purchase agreements. Here, each owner buys life insurance on the others. The proceeds are used to purchase the departing owner’s interest.

2. Entity-purchase agreements. In this case, the business buys life insurance policies on each owner. Policy proceeds are then used to purchase an owner’s interest following a triggering event. With fewer ownership interests outstanding, the remaining owners effectively own a higher percentage of the company.

A cross-purchase agreement tends to work better for businesses with only two or three owners. Conversely, an entity-purchase agreement is often a good choice when there are more than three owners because of the cost and complexity of owners having to buy so many different life insurance policies.

Getting expert guidance

Speak to your financial advisor for help creating, administering and executing a buy-sell agreement.

Back to industry updates

The traditional corporate ladder is no longer.

It used to be that an employee’s career would be at a single firm. As an employee proved themselves, they gradually moved into a better office, gained more responsibilities and earned a bigger paycheck. The path was clear and often linear. While titles changed and responsibilities grew, employees would measure services to their company in decades. The pinnacle of professional achievement was the corner office situated neatly at the top of a clearly defined corporate ladder.

Today, significant employee turnover has become a byproduct of the modern career path. Most employees spend 3 or 4 years at an organization before moving on. Despite this, most companies still see employee turnover as a negative attribute. During interviewing and onboarding, there is an underlying assumption that the employee will stay with the employer indefinitely, even though the average tenure of a modern worker is about four years, according to the U.S. Department of Labor. When the employee does leave, the process feels awkward – with neither side acknowledged or prepared for the inevitable moment.

In today’s world, employers need to closely review the real value of employee retention. Here are some reasons why employers should rethink their focus on employee turnover:

Retention does not equal engagement. Companies that focus too much on retention often get stuck with people who show mediocre (or even low) performance and have minimal ambition. Employees who want challenging, engaging jobs leave quickly when they see average performance being rewarded.
Lengthy employee tenures can be counterproductive. After a certain point, unless the employee has moved up in an organization, the longer an employee stays, the more likely they are to be unproductive, unengaged and unfulfilled. Businesses with a high percentage of long-tenured employees are less likely to be exposed to innovative ideas from new employees coming from other companies and industries.
Turnover is out of your hands. Employees leave companies all the time to pursue completely different career tracks and personal goals. No matter what you do or offer, employees may leave.

Some employers have embraced the notion of intentional attrition, often known as an “up-and-out” system. For example, at companies like McKinsey & Co., attrition isn’t negative. It’s normal. Employees know at the beginning of their time with McKinsey that they might not progress upward. With only a few senior positions available, McKinsey team members are encouraged to leave after a finite amount of time.

Like with any organizational change, it takes time and effort to push through the setback of losing great people. In the modern business world, the majority of employees are going to resign from their job at some point, but if you can create a culture that doesn’t penalize workers who resign, you can create an organization where highly successful people will want to work and grow. According to Bryan Adams, CEO and founder of Ph.Creative, here are several steps to consider:

Acknowledge that this isn’t forever from the beginning. Be honest from the start and acknowledge that your company may be a “stepping stone” to help your employees gain the experience and skills to find better opportunities elsewhere in the future. In return, expect exceptional performance from your employees and for them to be honest once they are ready to move on.
Focus on promoting internal candidates and boomerang employees. Some of your employees will want to stay at your organization for more than two or three years. However, they won’t stick around if you can’t offer them mobility. Be sure to show that you’re serious about recognizing impressive work by promoting from within whenever possible or rehiring former employees who have upped their skills and credentials.
Engage your alumni. Many people leave their jobs only to be replaced and forgotten by their former bosses. Another example from McKinsey, though, is that the firm proudly publishes articles on alumni and even offers alumni special recognition in the company. Consider putting together a program that encourages former employees to stay in touch and share news and events.
How you offboard people is key. Bid a positive farewell, celebrate their future successes and opportunities, and be grateful for their specific contributions. Keeping in touch and celebrating personal wins — and maybe even reaching out to feature or profile alumni as they move through their careers — encourages people to fondly remember their time at your company.

Rather than fighting to hold onto employees, companies are better positioned for success if they develop a culture that benefits from a healthy influx of people, ideas and practices. Employers must develop strategies that promote employee engagement, career development and succession planning to bring out the most appreciation and value from their employees. Employers who are willing to embrace this model of work – where employees give organizations 100% when they are there, and readily transfer knowledge to the next generation when they move up or on – will provide a significant competitive advantage.

This material has been prepared for informational purposes only, and is not intended to provide, nor should it be relied upon for, legal or tax advice. If you have any specific legal or tax questions regarding this content or related issues, please consult with your professional legal or tax advisor.

Back to industry updates

With concerns about inflation in the news for months now, most business owners are keeping a close eye on costs. Although it can be difficult to control costs related to mission-critical functions such as overhead and materials, you might find some budge room in employee benefits.

Many companies have lowered their benefits costs by offering a high-deductible health plan (HDHP) coupled with a Health Savings Account (HSA). Of course, some employees might not react positively to a health plan that starts with the phrase “high-deductible.” So, if you decide to offer an HSA, you’ll want to devise a strategy for championing the plan’s advantages.

The Basics

An HSA is a tax-advantaged savings account funded with pretax dollars. Funds can be withdrawn tax-free to pay for a wide range of qualified medical expenses. As mentioned, to provide these benefits, an HSA must be coupled with an HDHP. For 2023, an HDHP is defined as a plan with a minimum deductible of $1,500 ($3,000 for family coverage) and maximum out-of-pocket expenses of $7,500 ($15,000 for family coverage).

In 2023, the annual contribution limit for HSAs is $3,850 for individuals with self-only coverage and $7,750 for individuals with family coverage. If you’re 55 or older, you can add another $1,000. Both the business and the participant can make contributions. However, the limit is a combined one, not per-payer. So if your company contributed $4,000 to an employee’s family-coverage account, that participant could contribute only $3,750.

Another requirement for HSA contributions is that an account holder can’t be enrolled in Medicare or covered by any non-HDHP insurance (such as a spouse’s plan). Once someone enrolls in Medicare, the person becomes ineligible to contribute to an HSA — though the account holder can still withdraw funds from an existing HSA to pay for qualified expenses, which expand starting at age 65.

3 Major Advantages

There are 3 major advantages to an HSA to clearly communicate to employees:

1. Lower Premiums

Some employees might scowl at having a high deductible, but you may be able to turn that frown upside down by informing them that HDHP premiums — that is, the monthly cost to retain coverage — tend to be substantially lower than those of other plan types.

2. Tax Advantages x3

An HSA presents a “triple threat” to an account holder’s tax liability. First, contributions are made pretax, which lowers one’s taxable income. Second, funds in the account grow tax-free. And third, distributions are tax-free as long as the withdrawals are used for eligible expenses.

3. Retirement and Estate Planning Pluses

There’s no “use it or lose it” clause with an HSA; participants own their accounts. Funds may be carried over year to year — continuing to grow tax-deferred indefinitely. Upon turning age 65, account holders can withdraw funds penalty-free for any purpose, though funds that aren’t used for qualified medical expenses are taxable.

An HSA can even be included in an account holder’s estate plan. However, the tax implications of inheriting an HSA differ significantly depending on the recipient, so it’s important to carefully consider beneficiary designation.

Explain the Upsides

Indeed, an HDHP+HSA pairing can be a win-win for your business and its employees. While participants are enjoying the advantages noted above, you’ll appreciate lower payroll costs, a federal tax deduction and reduced administrative burden. Just be prepared to explain the upsides.

Back to industry updates

As a business owner, you’ll likely need to have your company appraised at some point. An appraisal is essential in the event of a business sale, merger or acquisition. It’s also important when creating or updating a buy-sell agreement or doing estate planning. You can even use a business valuation to help kickstart or support strategic planning.

A good way to prepare for the appraisal process, or to just maintain a clear, big-picture view of your company, is to learn some basic valuation terminology. Here are 5 terms you should know:

1. Fair market value

This is a term you may associate with selling a car, but it applies to businesses — and their respective assets — as well. In a valuation context, “fair market value” has a long definition:

The price, expressed in terms of cash equivalents, at which property would change hands between a hypothetical willing and able buyer and a hypothetical willing and able seller, acting at arm’s length in an open and unrestricted market, when neither is under compulsion to buy or sell and when both have reasonable knowledge of the relevant facts.

2. Fair value

Often confused with fair market value, fair value is a separate term — defined by state law and/or legal precedent — that may be used when valuing business interests in shareholder disputes or marital dissolution cases. Typically, a valuator uses fair market value as the starting point for fair value, but certain adjustments are made in the interest of fairness to the parties.

For example, dissenting shareholder litigation often involves minority shareholders who are “squeezed out” by a merger or other transaction. Unlike the “hypothetical, willing” participants contemplated under the definition of fair market value, dissenting shareholders are neither hypothetical nor willing. The fair value standard helps prevent controlling shareholders from taking advantage of minority shareholders by forcing them to accept a discounted price.

3. Going concern value

This valuation term often comes into play with buy-sell agreements and in divorce cases. Going concern value is the estimated worth of a company that’s expected to continue operating in the future. The intangible elements of going concern often include factors such as having a trained workforce, an operational plant and the necessary licenses, systems and procedures in place to continue operating.

4. Valuation premium

Due to certain factors, sometimes an appraiser must increase the estimate of a company’s value to arrive at the appropriate basis or standard of value. The additional amount is commonly referred to as a “premium.” For example, a control premium might apply to a business interest that possesses the requisite power to direct the management and policies of the subject company.

5. Valuation discount

In some cases, it’s appropriate for an appraiser to reduce the value estimate of a business based on specified circumstances. The reduction amount is commonly referred to as a “discount.” For instance, a discount for lack of marketability is an amount or percentage deducted from the value of an ownership interest to reflect that interest’s inability to be converted to cash quickly and at minimal cost.

Back to industry updates

If you’re self-employed and run your business or perform certain functions from home, you may be able to claim deductions for home office expenses against your business income. There are two methods for claiming this tax break: the actual expense method and the simplified method.

How to qualify

In general, you qualify for home office deductions if part of your home is used “regularly and exclusively” as your principal place of business.

If your home isn’t your principal place of business, you may still be able to deduct home office expenses if:

You physically meet with patients, clients or customers on your premises, or
You use a storage area in your home (or a separate free-standing structure, such as a garage) exclusively and regularly for business.
Expenses you can deduct

Many eligible taxpayers deduct actual expenses when they claim home office deductions. Deductible home office expenses may include:

Direct expenses, such as the cost of painting and carpeting a room used exclusively for business,
A proportionate share of indirect expenses, including mortgage interest, rent, property taxes, utilities, repairs and insurance, and
Depreciation.

Keeping track of actual expenses can take time and requires organized recordkeeping.

The simpler method

Fortunately, there’s a simplified method: You can deduct $5 for each square foot of home office space, up to a maximum of $1,500.

The cap can make the simplified method less valuable for larger home office spaces. Even for small spaces, taxpayers may qualify for bigger deductions using the actual expense method. So, tracking your actual expenses can be worth it.

Changing methods

When claiming home office deductions, you’re not stuck with a particular method. For instance, you might choose the actual expense method on your 2022 return, use the simplified method when you file your 2023 return next year and then switch back to the actual expense method for 2024.

What if I sell my home?

If you sell — at a profit — a home on which you claimed home office deductions, there may be tax implications.

Also be aware that the amount of your home office deductions is subject to limitations based on the income attributable to your use of the office. Other rules and limitations may apply. However, any home office expenses that can’t be deducted because of these limitations can be carried over and deducted in later years.

Different rules for employees

Unfortunately, the Tax Cuts and Jobs Act suspended the business use of home office deductions from 2018 through 2025 for employees. Those who receive paychecks or Form W-2s aren’t eligible for deductions, even if they’re currently working from home because their employers closed their offices due to COVID-19.

We can help you determine if you’re eligible for home office deductions and how to proceed in your situation.

Back to industry updates

Many small businesses start out as “lean enterprises,” with costs kept to a minimum to lower risks and maximize cash flow. But there comes a point in the evolution of many companies — particularly in a tight job market — when investing money in employee benefits becomes advisable, if not mandatory.

Is now the time for your small business to do so? As you compete for top talent and look to retain valued employees, would launching a retirement plan help your case? Quite possibly. And the good news is that the federal government is offering some intriguing incentives for eligible smaller companies ready to make the leap.

Late last year, the Consolidated Appropriations Act, 2023 was signed into law. Within this massive spending package lies the Setting Every Community Up for Retirement Enhancement 2.0 Act (SECURE 2.0). Its provisions bring three key improvements to the small employer pension plan start-up cost tax credit, beginning this year:

1. Full coverage for the smallest of small businesses. SECURE 2.0 makes the credit equal to the full amount of creditable plan start-up costs for employers with 50 or fewer employees, up to an annual cap. Previously, only 50% of costs were allowed. This limit still applies to employers with 51 to 100 employees.

2. Glitch fixed for multiemployer plans. SECURE 2.0 retroactively fixes a technical glitch that prevented employers who joined multiemployer plans in existence for more than 3 years from claiming the small employer pension plan start-up cost credit. If your business joined a pre-existing multiemployer plan before this period, contact us about filing amended returns to claim the credit.

3. Enhancement of employer contributions. Perhaps the biggest change brought by SECURE 2.0 is that certain employer contributions for a plan’s first 5 years now may qualify for the credit. The credit is increased by a percentage of employer contributions, up to a per-employee cap of $1,000, as follows:

100% in the plan’s first and second tax years,
75% in the third year,
50% in the fourth year, and
25% in the fifth year.

For employers with between 51 and 100 employees, the contribution portion of the credit is reduced by 2% times the number of employees above 50.

In addition, no employer contribution credit is allowed for contributions for employees who make more than $100,000 (adjusted for inflation after 2023). The credit for employer contributions is also unavailable for elective deferrals or contributions to defined benefit pension plans.

To be clear, though the name of the tax break is the ‘small employer pension plan start-up cost credit,’ it also applies to qualified plans such as 401(k)s and SIMPLE IRAs, as well as to Simplified Employee Pensions. Our firm can help you determine if now is the right time for your small business to launch a retirement plan and, if so, which one.

Back to industry updates

Are you an employer who owns a business where tipping is customary for providing food and beverages? You may qualify for a tax credit involving the Social Security and Medicare (FICA) taxes that you pay on your employees’ tip income.

How the credit works

The FICA credit applies with respect to tips that your employees receive from customers in connection with the provision of food or beverages, regardless of whether the food or beverages are for consumption on or off the premises. Although these tips are paid by customers, they’re treated for FICA tax purposes as if you paid them to your employees. Your employees are required to report their tips to you. You must withhold and remit the employee’s share of FICA taxes, and you must also pay the employer’s share of those taxes.

You claim the credit as part of the general business credit. It’s equal to the employer’s share of FICA taxes paid on tip income in excess of what’s needed to bring your employee’s wages up to $5.15 per hour. In other words, no credit is available to the extent the tip income just brings the employee up to the $5.15 per hour level, calculated monthly. If you pay each employee at least $5.15 an hour (excluding tips), you don’t have to be concerned with this calculation.

Note: A 2007 tax law froze the per-hour amount at $5.15, which was the amount of the federal minimum wage at that time. The minimum wage is now $7.25 per hour but the amount for credit computation purposes remains $5.15.

How it works

Example: A waiter works at your restaurant. He’s paid $2 an hour plus tips. During the month, he works 160 hours for $320 and receives $2,000 in cash tips which he reports to you.

The waiter’s $2 an hour rate is below the $5.15 rate by $3.15 an hour. Thus, for the 160 hours worked, he or she is below the $5.15 rate by $504 (160 times $3.15). For the waiter, therefore, the first $504 of tip income just brings him up to the minimum rate. The rest of the tip income is $1,496 ($2,000 minus $504). The waiter’s employer pays FICA taxes at the rate of 7.65% for him. Therefore, the employer’s credit is $114.44 for the month: $1,496 times 7.65%.

While the employer’s share of FICA taxes is generally deductible, the FICA taxes paid with respect to tip income used to determine the credit can’t be deducted, because that would amount to a double benefit. However, you can elect not to take the credit, in which case you can claim the deduction.
Get the credit you’re due

If your business pays FICA taxes on tip income paid to your employees, the tip tax credit may be valuable to you. Other rules may apply. Contact us if you have any questions.

Back to industry updates

In its 2018 decision in South Dakota v. Wayfair, the U.S. Supreme Court upheld South Dakota’s “economic nexus” statute, expanding the power of states to collect sales tax from remote sellers. Today, nearly every state with a sales tax has enacted a similar law, so if your company does business across state lines, it’s a good idea to reexamine your sales tax obligations.

What’s nexus?

A state is constitutionally prohibited from taxing business activities unless those activities have a substantial “nexus,” or connection, with the state. Before Wayfair, simply selling to customers in a state wasn’t enough to establish nexus. The business also had to have a physical presence in the state, such as offices, retail stores, manufacturing or distribution facilities, or sales reps.

In Wayfair, the Supreme Court ruled that a business could establish nexus through economic or virtual contacts with a state, even if it didn’t have a physical presence. The Court didn’t create a bright-line test for determining whether contacts are “substantial,” but found that the thresholds established by South Dakota’s law are sufficient: Out-of-state businesses must collect and remit South Dakota sales taxes if, in the current or previous calendar year, they have 1) more than $100,000 in gross sales of products or services delivered into the state, or 2) 200 or more separate transactions for the delivery of goods or services into the state.

Nexus steps

The vast majority of states now have economic nexus laws, although the specifics vary:Many states adopted the same sales and transaction thresholds accepted in Wayfair, but a number of states apply different thresholds. And some chose not to impose transaction thresholds, which many view as unfair to smaller sellers (an example of a threshold might be 200 sales of $5 each would create nexus).

If your business makes online, telephone or mail-order sales in states where it lacks a physical presence, it’s critical to find out whether those states have economic nexus laws and determine whether your activities are sufficient to trigger them. If you have nexus with a state, you’ll need to register with the state and collect state and applicable local taxes on your taxable sales there. Even if some or all of your sales are tax-exempt, you’ll need to secure exemption certifications for each jurisdiction where you do business. Alternatively, you might decide to reduce or eliminate your activities in a state if the benefits don’t justify the compliance costs.

Need help?

Note: If you make sales through a “marketplace facilitator,” such as Amazon or Ebay, be aware that an increasing number of states have passed laws that require such providers to collect taxes on sales they facilitate for vendors using their platforms.

If you need assistance in setting up processes to collect sales tax or you have questions about your responsibilities, contact us.

Back to industry updates

Audit season is right around the corner for calendar-year entities. Here’s what your auditor is doing behind the scenes to prepare — and how you can help facilitate the audit planning process.

The big picture

Every audit starts with assessing “audit risk.” This refers to the likelihood that the auditor will issue an adverse opinion when the financial statements are actually in accordance with U.S. Generally Accepted Accounting Principles or (more likely) an unqualified opinion when the opinion should be either modified or adverse.

Auditors can’t test every single transaction, recalculate every estimate or examine every external document. Instead, they tailor their audit procedures and assign audit personnel to keep audit risk as low as possible.

Inherent risk vs. control risk

Auditors evaluate two types of risk:

1. Inherent risk. This is the risk that material departures could occur in the financial statements. Examples of inherent-risk factors include complexity, volume of transactions, competence of the accounting personnel, company size and use of estimates.

2. Control risk. This is the risk that the entity’s internal controls won’t prevent or correct material misstatements in the financial statements.

Separate risk assessments are done at the financial statement level and then for each major account — such as cash, receivables, inventory, fixed assets, other assets, payables, accrued expenses, long-term debt, equity, and revenue and expenses. A high-risk account (say, inventory) might warrant more extensive audit procedures and be assigned to more experienced audit team members than one with lower risk (say, equity).

How auditors assess risk

New risk assessments must be done each year, even if the company has had the same auditor for many years. That’s because internal and external factors may change over time. For example, new government or accounting regulations may be implemented, and company personnel or accounting software may change, causing the company’s risk assessment to change. As a result, audit procedures may vary from year to year or from one audit firm to the next.

The risk assessment process starts with an auditing checklist and, for existing audit clients, last year’s workpapers. But auditors must dig deeper to determine current risk levels. In addition to researching public sources of information, including your company’s website, your auditor may call you with a list of open-ended questions (inquiries) and request a walk-through to evaluate whether your internal controls are operating as designed. Timely responses can help auditors plan their procedures to minimize audit risk.

Your role

Audit fieldwork is only as effective as the risk assessment. Evidence obtained from further audit procedures may be ineffective if it’s not properly linked to the assessed risks. So, it’s important for you to help the audit team understand the risks your business is currently facing and the challenges you’ve experienced reporting financial performance, especially as companies implement updated accounting rules in the coming years.

Back to industry updates

One of the most laborious tasks for small businesses is managing payroll. But it’s critical that you not only withhold the right amount of taxes from employees’ paychecks but also that you pay them over to the federal government on time.

If you willfully fail to do so, you could personally be hit with the Trust Fund Recovery Penalty, also known as the 100% penalty. The penalty applies to the Social Security and income taxes required to be withheld by a business from its employees’ wages. Since the taxes are considered property of the government, the employer holds them in “trust” on the government’s behalf until they’re paid over.

The reason the penalty is sometimes called the “100% penalty” is because the person liable for the taxes (called the “responsible person”) can be personally penalized 100% of the taxes due. Accordingly, the amounts the IRS seeks when the penalty is applied are usually substantial, and the IRS is aggressive in enforcing it.

Responsible persons

The penalty can be imposed on any person “responsible” for the collection and payment of the taxes. This has been broadly defined to include a corporation’s officers, directors, and shareholders under a duty to collect and pay the tax, as well as a partnership’s partners or any employee of the business under such a duty. Even voluntary board members of tax-exempt organizations, who are generally exempt from responsibility, can be subject to this penalty under certain circumstances. Responsibility has even been extended in some cases to professional advisors.

According to the IRS, being a responsible person is a matter of status, duty and authority. Anyone with the power to see that the taxes are paid may be responsible. There is often more than one responsible person in a business, but each is at risk for the entire penalty. Although taxpayers held liable may sue other responsible persons for their contributions, this is an action they must take entirely on their own after they pay the penalty. It isn’t part of the IRS collection process.

The net can be broadly cast. You may not be directly involved with the withholding process in your business. But let’s say you learn of a failure to pay over withheld taxes and you have the power to have them paid. Instead, you make payments to creditors and others. You have now become a responsible person.

How the IRS defines “willfulness”

For actions to be willful, they don’t have to include an overt intent to evade taxes. Simply bowing to business pressures and paying bills or obtaining supplies instead of paying over withheld taxes due to the government is willful behavior for these purposes. And just because you delegate responsibilities to someone else doesn’t necessarily mean you’re off the hook.

In addition, the corporate veil won’t shield corporate owners from the 100% penalty. The liability protections that owners of corporations — and limited liability companies — typically have don’t apply to payroll tax debts.

If the IRS assesses the penalty, it can file a lien or take levy or seizure action against the personal assets of a responsible person.

Avoiding the penalty

You should never allow any failure to withhold taxes from employees, and no “borrowing” from withheld amounts should ever be allowed in your business — regardless of the circumstances. All funds withheld must be paid over on time.

If you aren’t already using a payroll service, consider hiring one. This can relieve you of the burden of withholding and paying the proper amounts, as well as handling the recordkeeping. Contact us for more information.

Back to industry updates

Is your business depreciating over a 30-year period the entire cost of constructing the building that houses your operation? If so, you should consider a cost segregation study. It may allow you to accelerate depreciation deductions on certain items, thereby reducing taxes and boosting cash flow. And under current law, the potential benefits of a cost segregation study are now even greater than they were a few years ago due to enhancements to certain depreciation-related tax breaks.

Depreciation basics

Business buildings generally have a 39-year depreciation period (27.5 years for residential rental properties). Most times, you depreciate a building’s structural components, including walls, windows, HVAC systems, elevators, plumbing and wiring, along with the building. Personal property — such as equipment, machinery, furniture and fixtures — is eligible for accelerated depreciation, usually over five or seven years. And land improvements, such as fences, outdoor lighting and parking lots, are depreciable over 15 years.

Often, businesses allocate all or most of their buildings’ acquisition or construction costs to real property, overlooking opportunities to allocate costs to shorter-lived personal property or land improvements. In some cases — computers or furniture, for example — the distinction between real and personal property is obvious. But the line between the two is frequently less clear. Items that appear to be “part of a building” may in fact be personal property, like removable wall and floor coverings, removable partitions, awnings and canopies, window treatments, signs and decorative lighting.

In addition, certain items that otherwise would be treated as real property may qualify as personal property if they serve more of a business function than a structural purpose. This includes reinforced flooring to support heavy manufacturing equipment, electrical or plumbing installations required to operate specialized equipment, or dedicated cooling systems for data processing rooms.

Identifying and substantiating costs

A cost segregation study combines accounting and engineering techniques to identify building costs that are properly allocable to tangible personal property rather than real property. Although the relative costs and benefits of a cost segregation study depend on your particular facts and circumstances, it can be a valuable investment.

Speedier depreciation tax breaks

The Tax Cuts and Jobs Act (TCJA) enhances certain depreciation-related tax breaks, which may also enhance the benefits of a cost segregation study. Among other things, the act permanently increased limits on Section 179 expensing, which allows you to immediately deduct the entire cost of qualifying equipment or other fixed assets up to specified thresholds.

The TCJA also expanded 15-year-property treatment to apply to qualified improvement property. Previously this break was limited to qualified leasehold-improvement, retail-improvement and restaurant property. And it temporarily increased first-year bonus depreciation to 100% (from 50%).

Making favorable depreciation changes

Fortunately, it isn’t too late to get the benefit of speedier depreciation for items that were incorrectly assumed to be part of your building for depreciation purposes. You don’t have to amend your past returns (or meet a deadline for claiming tax refunds) to claim the depreciation that you could have already claimed. Instead, you can claim that depreciation by following procedures, in connection with the next tax return that you file, that will result in “automatic” IRS consent to a change in your accounting for depreciation.

Cost segregation studies can yield substantial benefits, but they’re not right for every business. We must judge whether a study will result in overall tax savings greater than the costs of the study itself. To find out whether this would be worthwhile for you, contact us.

Back to industry updates

One of the worst things that can happen to a not-for-profit organization is to have its tax-exempt status revoked. Among other consequences, the nonprofit may lose credibility with supporters and the public, and donors will no longer be able to make tax-exempt contributions.

Although loss of exempt status isn’t common, certain activities can increase your risk significantly. These include ignoring the IRS’s private benefit and private inurement provisions. Here’s what you need to know to avoid reaping an excess benefit from your organization’s transactions.

Understand private inurement

A private benefit is any payment or transfer of assets made, directly or indirectly, by your nonprofit that’s:

Beyond reasonable compensation for the services provided or the goods sold to your organization, or
For services or products that don’t further your tax-exempt purpose.

If any of your nonprofit’s net earnings inure to the benefit of an individual, the IRS won’t view your nonprofit as operating primarily to further its tax-exempt purpose.

The private inurement rules extend the private benefit prohibition to your organization’s “insiders.” The term “insider” or “disqualified person” generally refers to any officer, director, individual or organization (as well as their family members and organizations they control) who’s in a position to exert significant influence over your nonprofit’s activities and finances. A violation occurs when a transaction that ultimately benefits the insider is approved.

Make reasonable payments

Of course, the rules don’t prohibit all payments, such as salaries and wages, to an insider. You simply need to make sure that any payment is reasonable relative to the services or goods provided. In other words, the payment must be made with your nonprofit’s tax-exempt purpose in mind.

To ensure you can later prove that any transaction was reasonable and made for a valid exempt purpose, formally document all payments made to insiders. Also ensure that board members understand their duty of care. This refers to a board member’s responsibility to act in good faith, in your organization’s best interest, and with such care that proper inquiry, skill and diligence has been exercised in the performance of duties.

Avoid negative consequences

To ensure your nonprofit doesn’t participate in an excess benefit transaction, educate staffers and board members about the types of activities and transactions they must avoid. Stress that individuals involved could face significant excise tax penalties. For more information, please contact us.

Back to industry updates

Business assets are generally reported at the lower of cost or market value. Under this accounting principle, certain assets are reported at fair value, such as asset retirement obligations and derivatives.

Fair value also comes into play in M&A transactions. That is, if one company acquires another, the buyer must allocate the purchase price of the target company to its assets and liabilities. This allocation requires the valuation of identifiable intangible assets that weren’t on the target company’s balance sheet, such as brands, patents, customer lists and goodwill.

What is fair value?

Under U.S. Generally Accepted Accounting Principles (GAAP), fair value is “the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date.” Though this term is similar to “fair market value,” which is defined in IRS Revenue Ruling 59-60, the terms aren’t synonymous.

The FASB chose the term “fair value” to prevent companies from applying IRS regulations or guidance and U.S. Tax Court precedent when valuing assets and liabilities for financial reporting purposes.

The FASB’s use of the term “market participants” refers to buyers and sellers in the item’s principal market. This market is entity specific and may vary among companies.

What goes into a fair value estimate?

When valuing an asset, there are three general valuation approaches: cost, income and market. For financial reporting purposes, fair value should first be based on quoted prices in active markets for identical assets and liabilities. When that information isn’t available, fair value should be based on observable market data, such as quoted prices for similar items in active markets.

In the absence of observable market data, fair value should be based on unobservable inputs. Examples include cash-flow projections prepared by management or other internal financial data.

While a CFO or controller can enlist the help of outside valuation specialists to estimate fair value, a company’s management is ultimately responsible for fair value estimates. So, it’s important to understand the assumptions, methods and models underlying a fair value estimate. Management also must implement adequate internal controls over fair value measurements, impairment charges and disclosures.

Valuation pros needed

Asset valuations are typically outside the comfort zone of in-house accounting personnel, so it pays to hire an outside specialist who will get it right. We can help you evaluate subjective inputs and methods, as well as recommend additional controls over the process to ensure that you’re meeting your financial reporting responsibilities.

Back to industry updates

Audited financial statements come with a special bonus: a “management letter” that recommends ways to improve your business. That’s free advice from financial pros who’ve seen hundreds of businesses at their best (and worst) and who know which strategies work (and which don’t). If you haven’t already implemented changes based on last year’s management letter, there’s no time like the present to improve your business operations.

Reporting deficiencies

Auditing standards require auditors to communicate in writing about “material weaknesses or significant deficiencies” that are discovered during audit fieldwork.

The AICPA defines material weakness as “a deficiency, or combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis.” Likewise, a significant deficiency is defined as “a deficiency, or a combination of deficiencies, in internal control that is … important enough to merit attention by those charged with governance.”

Auditors may unearth less-severe weaknesses and operating inefficiencies during the course of an audit. Reporting these items is optional, but they’re often included in the management letter.

Looking beyond internal controls

Auditors may observe a wide range of issues during audit fieldwork. An obvious example is internal control shortfalls. But other issues covered in a management letter may relate to:

Cash management,
Operating workflow,
Control of production schedules,
Capacity,
Defects and waste,
Employee benefits,
Safety,
Website management,
Technology improvements, and
Energy consumption.

Management letters are usually organized by functional area: production, warehouse, sales and marketing, accounting, human resources, shipping/receiving and so forth. The write-up for each deficiency includes an observation (including a cause, if observed), financial and qualitative impacts, and a recommended course of action.

Striving for continuous improvement

Too often, management letters are filed away with the financial statements — and the same issues are reported in the management letter year after year. But proactive business owners and management recognize the valuable insight contained in these letters and take corrective action soon after they’re received. Contact us to help get the ball rolling before the start of next year’s audit.

Back to industry updates

Extending credit to business customers can be an effective way to build goodwill and nurture long-term buyers. But if you extend customer credit, it also brings sizable financial risk to your business, as cash flow could grind to a halt if these customers don’t make their payments. Even worse, they could declare bankruptcy and bow out of their obligations entirely.

For this reason, it’s critical to thoroughly research a customer’s creditworthiness before you offer any arrangement. Here are some ways to do so:

Follow up on references. When dealing with vendors and other businesses, trade references are key. As you’re likely aware, these are sources that can describe past payment experiences between a business and a vendor (or other credit user).

Contact the potential customer’s trade references to check the length of time the parties have been working together, the approximate size of the potential customer’s account and its payment record. Of course, a history of late payments is a red flag.

Check banking info. Similarly, you’ll want to follow up on the company’s bank references to determine the balances in its checking and savings accounts, as well as the amount available on its line of credit. Equally important, determine whether the business has violated any of its loan covenants. If so, the bank could withdraw its credit, making it difficult for the company to pay its bills.

Order a credit report. You may want to order a credit report on the business from one of the credit rating agencies, such as Dun & Bradstreet or Experian. Among other information, the reports describe the business’s payment history and tell whether it has filed for bankruptcy or had a lien or judgment against it.

Most credit reports can be had for a nominal amount these days. The more expensive reports, not surprisingly, contain more information. The higher price tag also may allow access to updated information on a company over an extended period.

Explore traditional and social media. After you’ve completed your financial analysis, find out what others are saying — especially if the potential customer could make up a significant portion of your sales. Search for articles in traditional media outlets such as newspapers, magazines and trade publications. Look for anything that may raise concerns, such as stories about lawsuits or plans to shut down a division.

You can also turn to social media and look at the business’s various accounts to see its public “face.” And you might read reviews of the business to see what customers are saying and how the company reacts to inevitable criticisms. Obviously, social media shouldn’t be used as a definitive source for information, but you might find some useful insights.

Although assessing a potential customer’s ability to pay its bills requires some work up front, making informed credit decisions is one key to running a successful company. Our firm can help you with this or other financially critical business practices.

Back to industry updates

A primary estate planning goal for most people is to hold on to as much of their wealth as possible to pass on to their children and other loved ones. To achieve this, you must limit estate tax liability and protect assets from creditors’ claims and lawsuits.

The Tax Cuts and Jobs Act reduces or eliminates federal gift and estate taxes for most people (at least until 2026). The gift and estate tax exemption is $11.4 million for 2019. One benefit of this change is that it allows you to focus your estate planning efforts on asset protection and other wealth-preservation strategies, rather than tax minimization. One estate planning vehicle to consider is a “hybrid” domestic asset protection trust (DAPT).

What does “hybrid” mean?

The benefit of a standard DAPT is that it offers creditor protection even if you’re a beneficiary of the trust. But there’s also some risk: Although many experts believe they’ll hold up in court, DAPTs are relatively untested, so there’s some uncertainty over their ability to repel creditors’ claims. A “hybrid” DAPT offers the best of both worlds. Initially, you’re not named as a beneficiary of the trust, which virtually eliminates the risk described above. But if you need access to the funds down the road, the trustee or trust protector can add you as a beneficiary, converting the trust into a DAPT.

Do you need this trust type?

Before you consider a hybrid DAPT, determine whether you need such a trust at all. The most effective asset protection strategy is to place assets beyond the grasp of creditors by transferring them to your spouse, children or other family members, either outright or in a trust, without retaining any control. If the transfer isn’t designed to defraud known creditors, your creditors won’t be able to reach the assets. And even though you’ve given up control, you’ll have indirect access to the assets through your spouse or children (provided your relationship with them remains strong).

If, however, you want to retain access to the assets in the future, without relying on your spouse or children, a DAPT may be the answer.

How does a hybrid DAPT work?

A hybrid DAPT is initially set up as a third-party trust — that is, it benefits your spouse and children or other family members, but not you. Because you’re not named as a beneficiary, the trust isn’t a self-settled trust, so it avoids the uncertainty associated with regular DAPTs.

There’s little doubt that a properly structured third-party trust avoids creditors’ claims. If, however, you need access to the trust assets in the future, the trustee or trust protector has the authority to add additional beneficiaries, including you. If that happens, the hybrid account is converted into a regular DAPT subject to the previously discussed risks.

A flexible tool

The hybrid DAPT can add flexibility while offering maximum asset protection. It also minimizes the risks associated with DAPTs, while retaining the ability to convert to a DAPT should the need arise. Contact us with any questions.

Back to industry updates

Here are some of the key tax-related deadlines affecting businesses and other employers during the fourth quarter of 2019. Keep in mind that this list isn’t all-inclusive, so there may be additional deadlines that apply to you. Contact us to ensure you’re meeting all applicable deadlines and to learn more about the filing requirements.

October 15

If a calendar-year C corporation that filed an automatic six-month extension:
- File a 2018 income tax return (Form 1120) and pay any tax, interest and penalties due.
- Make contributions for 2018 to certain employer-sponsored retirement plans.

October 31

Report income tax withholding and FICA taxes for third quarter 2019 (Form 941) and pay any tax due. (See exception below under “November 12.”)

November 12

Report income tax withholding and FICA taxes for third quarter 2019 (Form 941), if you deposited on time (and in full) all of the associated taxes due.

December 16

If a calendar-year C corporation, pay the fourth installment of 2019 estimated income taxes.

Back to industry updates

Everyone needs to plan for retirement. But as a business owner, you face a distinctive challenge in that you must save for your golden years while also creating, updating and eventually executing a succession plan. This is no easy task, but you can put the puzzle pieces together by answering some fundamental questions:

When do I want to retire? This may be the most important question regarding your succession plan, because it’s at this time that your successor will take over. Think about a date by which you’ll be ready to let go and will have the financial resources to support yourself for your post-retirement life expectancy.

How much will I need to retire? To maintain your current lifestyle, you’ll likely need a substantial percentage of your current annual income. You may initially receive an influx of cash from perhaps either the sale of your company or a payout from a buy-sell agreement.

But don’t forget to consider inflation. This adds another 2% to 4% per year to the equation. If, like many retirees, you decide to move to a warmer climate, you also need to take the cost of living in that state into consideration — especially if you’ll maintain two homes.

What are my sources of retirement income? As mentioned, selling your business (if that’s what your succession plan calls for) will likely help at first. Think about whether you’d prefer a lump-sum payment to add to your retirement savings or receive installments.

Of course, many business owners don’t sell but pass along their company to family members or trusted employees. You might stay on as a paid consultant, which would provide some retirement income. And all of this would be in addition to whatever retirement accounts you’ve been contributing to, as well as Social Security.

Am I saving enough? This is a question everyone must ask but, again, business owners have special considerations. Let’s say you’d been saving diligently for retirement, but economic or market difficulties have recently forced you to lower your salary or channel more of your own money into the company. This could affect your retirement date and, thus, your succession plan’s departure date.

Using a balance sheet, add up all your assets and debts. Heavy spending and an excessive debt load can significantly delay your retirement. In turn, this negatively affects your succession plan because it throws the future leadership of your company into doubt and confusion. As you get closer to retirement, integrate debt management and elimination into your personal financial approach so you can confidently set a departure date. We can help you identify all the different pieces related to succession planning and retirement planning — and assemble them all into a practical whole.

Back to industry updates

If you’re self-employed and don’t have withholding from paychecks, you probably have to make estimated tax payments. These payments must be sent to the IRS on a quarterly basis. The third 2019 estimated tax payment deadline for individuals is Monday, September 16. Even if you do have some withholding from paychecks or payments you receive, you may still have to make estimated payments if you receive other types of income such as Social Security, prizes, rent, interest, and dividends.

Pay-as-you-go system

You must make sufficient federal income tax payments long before the April filing deadline through withholding, estimated tax payments, or a combination of the two. If you fail to make the required payments, you may be subject to an underpayment penalty, as well as interest.

In general, you must make estimated tax payments for 2019 if both of these statements apply:

You expect to owe at least $1,000 in tax after subtracting tax withholding and credits, and
You expect withholding and credits to be less than the smaller of 90% of your tax for 2019 or 100% of the tax on your 2018 return — 110% if your 2018 adjusted gross income was more than $150,000 ($75,000 for married couples filing separately).

If you’re a sole proprietor, partner or S corporation shareholder, you generally have to make estimated tax payments if you expect to owe $1,000 or more in tax when you file your return.

Quarterly due dates

Estimated tax payments are spread out through the year. The due dates are April 15, June 15, September 15 and January 15 of the following year. However, if the date falls on a weekend or holiday, the deadline is the next business day (which is why the third deadline is September 16 this year).

Estimated tax is calculated by factoring in expected gross income, taxable income, deductions and credits for the year. The easiest way to pay estimated tax is electronically through the Electronic Federal Tax Payment System. You can also pay estimated tax by check or money order using the Estimated Tax Payment Voucher or by credit or debit card.

Seasonal businesses

Most individuals make estimated tax payments in four installments. In other words, you can determine the required annual payment, divide the number by four and make four equal payments by the due dates. But you may be able to make smaller payments under an “annualized income method.” This can be useful to people whose income isn’t uniform over the year, perhaps because of a seasonal business. For example, let’s say your income comes exclusively from a business that you operate in a beach town during June, July and August. In this case, with the annualized income method, no estimated payment would be required before the usual September 15 deadline. You may also want to use the annualized income method if a large portion of your income comes from capital gains on the sale of securities that you sell at various times during the year.

Determining the correct amount

Contact us if you think you may be eligible to determine your estimated tax payments under the annualized income method, or you have any other questions about how the estimated tax rules apply to you.

Back to industry updates

The benefit of owning publicly-traded stock is that its owner can liquidate it without much effort. While shares of a publicly-traded company are liquid and marketable, the sale of a privately-held business can be lengthy and exhaustive. Also, the stock market largely determines that value of shares in a public company, but the value of a private company is not readily determinable. Accordingly, once a business owner has decided to sell his/her business, the business owner must adequately prepare to sell the business and determine whether the company is saleable.

Define the Seller’s Goals and Objectives

The seller should consider the reason for selling the business and the ideal exit strategy. The goals and objectives can help the seller understand which group of buyers to target, the price and timing of the deal, and how to structure the terms of any eventual sale (i.e., tax consequences and the owner’s future involvement in the company). The acquirer can be a trusted employee or another partner, a financial buyer, or a strategic buyer.

An existing partner, employee, or employee pool will generally maintain the company’s character and will involve a less rigorous due diligence process but will result in a lower purchase price for the business. A financial buyer purchases the company to generate cash flow or economies of scale and often use debt to acquire the company. Financial buyers often use debt financing for 50% to 90% of the purchase price, which may involve banks or SBA underwriters in the due diligence process. Strategic buyers are competitors or companies that want to purchase the company to take advantage of financial or operational synergies, introduce complementary goods or services, or expand their product mix or geographic territory.

Establish a Value for the Company

The value of a company will often not determine the price that it will eventually sell for, but determining a realistic and reasonable valuation range can help set expectations about the business value. A valuation can also allow the seller to realistically assess the marketability of the business and establish the minimum price to sell the company. A business can be valued using a multiple of earnings or cash flow, or a discounted cash flow model, but the value must reflect the company’s overall financial health, industry trends, and projected growth. A company can also be valued based on its intellectual property, such as patents, workforce, and licenses. Although the pool of potential buyers will determine the price, the value will increase based on the quality of the business presentation and the nature of the buyers. For example, a strategic buyer will often pay more for a company than its fair market value.

Enhance the Value of the Business

The business owner should consult with professionals and advisory firms to enhance the value of the business before marketing it for sale. The business’s performance should be perfected, and the company’s strategic plan should be reviewed and improved. In addition, the company should make necessary changes to the management team, streamline processes and cut costs, reduce customer concentration, and focus on the business’s core competencies. However, the changes should not require a massive overhaul that is risky and may take too long to implement.

The business owner should also prepare the financials and optimize the financial strategy in a way that increases the value and prepares the company for due diligence. The can seller can boost sales with increased marketing and promotions, liquidate bloated or obsolete inventory, and aggressively collect any aged receivables.

Conclusion

Studies show that 90% of businesses listed for sale don’t sell. The reason for this is that sellers are often unrealistic about the value of the business, are not willing to plan the transition of the business, or do not have adequate accounting records.

“By failing to prepare, you are preparing to fail.” – Benjamin Franklin

Back to industry updates

Among the fastest ways for a business to fail is because of mismanagement or malfeasance by ownership. On the other hand, among the slowest ways is an ineffective or dysfunctional sales department.

Companies suffering from this malady may maintain just enough sales to stay afloat for a while, but eventually they go under because they lose one big customer or a tough new competitor arrives on the scene. To ensure your sales department is contributing to business growth, not just survival, you’ve got to ask some tough questions. Here are four to consider:

1. Does our sales department communicate customers’ needs to the rest of the company? Your sales staff works on the front lines of your industry. They’re typically the first ones to hear of changes in customers’ needs and desires. Make sure your sales people are sharing this information in both meetings and written communications (sales reports, emails and the like).

It’s particularly important for them to share insights with the marketing department. But everyone in your business should be laser-focused on what customers really want.

2. Does the sales department handle customer complaints promptly and satisfactorily? This is related to our first point but critical enough to investigate on its own. Unhappy customers can destroy a business — especially these days, when everyone shares everything on social media.

Your sales staff should have a specific protocol for immediately responding to a customer complaint, gathering as much information as possible and offering a fair resolution. Track complaints carefully and in detail, looking for trends that may indicate deeper problems with your products or services.

3. Do our salespeople create difficulties for employees in other departments? If a sales department is getting the job done, many business owners look the other way when sales staff play by their own rules or don’t treat their co-workers with the utmost professionalism. Confronting a problem like this isn’t easy; you may unearth some tricky issues involving personalities and philosophies.

Nonetheless, your salespeople should interact positively and productively with other departments. For example, do they correctly and timely complete all necessary sales documents? If not, they could be causing major headaches for other departments.

4. Are we taking our sales staff for granted? Salespeople tend to spend much of their time “outside” a company — either literally out on the road making sales calls or on the phone communicating with customers. As such, they may work “out of sight and out of mind.”

Keep a close eye on your sales staff, both so you can congratulate them on jobs well done and fix any problems that may arise. Our firm can help you analyze your sales numbers to help identify ways this department can provide greater value to the company.

Back to industry updates

The average company’s balance sheet understates its value by 80%, according to Sarah Tomolonius, co-founder of the Sustainability Investment Leadership Council. Why? Intangible assets aren’t recorded on the balance sheet under U.S. Generally Accepted Accounting Principles (GAAP), unless they’re acquired from a third party.

Instead, GAAP generally calls for the costs associated with creating and maintaining these valuable assets to be expensed as they’re incurred — even though they provide future economic benefits.

Eye on intangibles

Many companies rely on intangible assets to generate revenue, and they often contribute significant value to the companies that own them. Examples of identifiable intangibles include:

Patents,
Brands and trademarks,
Customer lists,
Proprietary software, and
A trained and knowledgeable workforce.

In a business combination, acquired intangible assets are reported at fair value. When a company is purchased, any excess purchase price that isn’t allocated to identifiable tangible and intangible assets and liabilities is allocated to goodwill.

Acquired goodwill and other indefinite-lived intangibles are tested at least annually for impairment under GAAP. But private companies may elect to amortize them over a period not to exceed 10 years. Impairment testing also may be required when a triggering event happens, such as the loss of a major customer or introduction of new technology that makes the company’s offerings obsolete.

Inquiring minds want to know

Investors are interested in the fair value of acquired goodwill because it enables them to see how a business combination fared in the long run. But what about intangibles that are developed in-house?

At a sustainability conference earlier in May, Tomolonius said that businesses are more sustainable when they’re guided by a complete understanding of their assets, both tangible and intangible. Assigning values to internally generated intangibles can be useful in various decision-making scenarios, including obtaining financing, entering into licensing and joint venture arrangements, negotiating mergers and acquisitions, and settling shareholder disputes.

Calls for change

For more than a decade, there have been calls for accounting reforms related to intangible assets, with claims that internally generated intangibles are the new drivers of economic activity and should be reflected in balance sheets. Proponents of changing the rules argue that keeping these assets off the balance sheet forces investors to rely more on nonfinancial tools to assess a company’s value and sustainability.

It’s unlikely that the accounting rules for reporting internally generated intangibles will change anytime soon, however. In a quarterly report released in August, Financial Accounting Standards Board (FASB) member Gary Buesser pointed to challenges the issue would pose, including the difficulty of recognizing and measuring the assets, costs to companies, and limited usefulness of the resulting information to investors. Buesser explained that “the information would be highly subjective, require forward looking estimates, and would probably not be comparable across companies.”

Want to learn more about your “untouchable” intangible assets? We can help you identify them and estimate their value, using objective, market-based appraisal techniques. Contact us for more information.

Back to industry updates

Operating a business as an S corporation may provide many advantages, including limited liability for owners and no double taxation (at least at the federal level). Self-employed people may also be able to lower their exposure to Social Security and Medicare taxes if they structure their businesses as S corps for federal tax purposes. But not all businesses are eligible — and with changes under the Tax Cuts and Jobs Act, S corps may not be as appealing as they once were.

Compare and contrast

The main reason why businesses elect S corp status is to obtain the limited liability of a corporation and the ability to pass corporate income, losses, deductions and credits through to shareholders. In other words, S corps generally avoid double taxation of corporate income — once at the corporate level and again when it’s distributed to shareholders. Instead, tax items pass through to the shareholders’ personal returns, and they pay tax at their individual income tax rates.

But double taxation may be less of a concern today due to the 21% flat income tax rate that now applies to C corporations. Meanwhile, the top individual income tax rate is 37%. S corp owners may be able to take advantage of the qualified business income (QBI) deduction, which can be equal to as much as 20% of QBI.

In order to assess S corp status, you have to run the numbers with your tax advisor, and factor in state taxes to determine which structure will be the most beneficial for you and your business.

S corp qualifications

If you decide to go the S corp route, make sure you qualify and will stay qualified. To be eligible to elect to be an S corp or to convert, your business must:

Be a domestic corporation,
Have only one class of stock,
Have no more than 100 shareholders, and
Have only “allowable” shareholders, including individuals, certain trusts and estates. Shareholders can’t include partnerships, corporations and nonresident alien shareholders.

In addition, certain businesses are ineligible, such as financial institutions and insurance companies.

Base compensation on what’s reasonable

Another important consideration when electing S status is shareholder compensation. One strategy for paying less in Social Security and Medicare employment taxes is to pay modest salaries to yourself and any other S corp shareholder-employees. Then, pay out the remaining corporate cash flow (after you’ve retained enough in the company’s accounts to sustain normal business operations) as federal-employment-tax-free cash distributions.

However, the IRS is on the lookout for S corps that pay shareholder-employees unreasonably low salaries to avoid paying employment taxes and then make distributions that aren’t subject to those taxes.

Paying yourself a modest salary will work if you can prove that your salary is reasonable based on market levels for similar jobs. Otherwise, you run the risk of the IRS auditing your business and imposing back employment taxes, interest and penalties. We can help you decide on a salary and gather proof that it’s reasonable.

Consider all angles

Contact us if you think being an S corporation might help reduce your tax bill while still providing liability protection. We can help with the mechanics of making an election or making a conversion, under applicable state law, and then handling the post-conversion tax issues.

Back to industry updates

How well do you listen to your not-for-profit’s supporters? If you don’t engage in “social listening,” your efforts may not be good enough. This marketing communications strategy is popular with for-profit companies, but can just as easily help nonprofits attract and retain donors, volunteers and members.

Social media monitoring

Social listening starts with monitoring social media sites such as Facebook, Twitter, LinkedIn and Instagram for mentions of your organization and related keywords. But to take full advantage of this strategy, you also must engage with topics that interest your supporters and interact with “influencers,” who can extend your message by sharing it with their audiences.

Influencers don’t have to be celebrities with millions of followers. Connecting with a group of influencers who each have only several hundred followers can expand your reach exponentially. For example, a conservation organization might follow and interact with a popular rock climber or other outdoor enthusiast to reach that person’s followers.

Targeting your messages

To use social listening, develop a list of key terms related to your organization and its mission, programs and campaigns. You’ll want to treat this as a “living document,” updating it as you launch new initiatives. Then “listen” for these terms on social media. Several free online tools are available to perform this monitoring, including Google Alerts, Twazzup and Social Mention.

When your supporters or influencers use the terms, you can send them a targeted message with a call to action, such as a petition, donation solicitation or event announcement. Your call to action could be as simple as asking them to share your content.

You can also use trending hashtags (a keyword or phrase that’s currently popular on social media) to keep your communications relevant and leverage current events on a real-time basis. Always be on the lookout for creative ways to join conversations while promoting your organization or campaign.

Actively seeking opportunity

Most nonprofits have a presence on social media. But if your organization isn’t actively listening to and communicating with people on social media sites, you’re only a partial participant. Fortunately, social listening is an easy and inexpensive way to engage and become engaged.

Back to industry updates

The process of selling a business or admitting an investor can be overwhelming and burdensome. However, as with any product, if the company is primed for sale, then the seller can receive a higher value. Realtors always advise homeowners to trim the hedges, update the windows, and declutter the home to maximize its value. In fact, according to a study by the National Association of Realtors, home staging can increase the dollar value of the house by 11-20%. Accordingly, a business owner would be wise to properly plan and prepare for the sale of his/her lifetime of work or a portion thereof. The level of planning will determine the timing, price, and process of the transaction.

A business owner can decide to sell his or her business for various reasons. At times, it results from a change in lifestyle. For example, a business owner may choose to retire and use the proceeds of the sale instead of a retirement plan. Sometimes, the business owner is an innovative individual with an entrepreneurial spirit but does not have the proper management skills to grow or manage a thriving enterprise. Being a business owner is also time-consuming, and some may prefer to be an employee with limited hours rather than an employer with management and financial risks and responsibilities.

A business can also be sold due to regulatory or legal issues, a partnership buyout or estate plan (i.e., when the second generation doesn’t have the passion of the founder). It is also wise for a business owner to know a business lifecycle to sell the business or a portion of the company at its optimal stage. A business lifecycle includes the following:

Beginning Stage

At the launch or establishment of a business, its revenues are increasing slowly but often not enough to generate positive net income. This stage can include startups or companies in early development. A startup is usually less than one year old, and financing may be necessary for product development, prototype testing, and test marketing. A company is considered in early development when the business established a business plan, conducted studies of market penetration, and hired a management team.

At the seed or startup stage, the business owner can be expected to provide a rate of return of between 40% and 70% to an angel investor or venture capitalist. Although it’s better to own a slice of a watermelon than an entire core of an apple, it isn’t prudent to unnecessarily give away equity too early.

Growth Stage

During the expansion stage of a company, the company experiences rapid sales growth. Although the company may initially still be unprofitable, it eventually breaks even and generates a profit. At this time, the company may require capital for equipment and its working capital needs, which can usually be accomplished by obtaining bank financing. However, if the company cannot obtain traditional bank financing, it may be able to raise capital via asset-based or mezzanine Lenders. Conversely, an owner can be expected to provide a rate of return of between 30% and 50% to an angel investor or venture capitalist at this stage.

Maturity Stage

At maturity, a company’s revenue growth and its expenses stabilize, which reduces the risk of investment in the company. At this stage, the company reinvests some working capital but relies on debt financing over equity dilution. Nevertheless, if the company fails to innovate and introduce new services or product, then its growth will plateau and eventually decline. At this stage – often known as post-maturity – a cash infusion is necessary. This is the stage that may result in an initial public offering (IPO) or reliance on debt or additional equity investment. If the owner cannot invest more capital, then it is smart to sell the business before it declines.

Business lifecycle CFI’s FREE Corporate Finance Class

Conclusion

Ronald Wayne co-founded Apple Inc. with Steve Jobs and Steve Wozniak. In 1976, just 12 days after he entered into the partnership, he sold his 10% stake for approximately $2,300. A 10% stake of Apple Inc. would be worth roughly $100 billion today. In fact, the partnership contract was sold in 2011 for $1.6 million – after Wayne sold it earlier for $500.

Window-dressing a home is relatively simple, but preparing a business for sale is more involved. Don’t make the mistake of selling your business or equity interest too soon, but it is equally important not to wait until the value declines.

Back to industry updates

Have staffers complained because their expense reimbursements are taxed? An accountable plan can address the issue. Here’s how accountable plans work and how they benefit employers and employees.

Be reasonable

Under an accountable plan, reimbursement payments to employees will be free from federal income and employment taxes and aren’t subject to withholding from workers’ paychecks. Additionally, your organization benefits because the reimbursements aren’t subject to the employer’s portion of federal employment taxes.

The IRS stipulates that all expenses covered in an accountable plan have a business connection and be “reasonable.” Additionally, employers can’t reimburse employees more than what they paid for any business expense. And employees must account to you for their expenses and, if an expense allowance was provided, return any excess allowance within a reasonable time period.

An expense generally qualifies as a tax-free reimbursement if it could otherwise qualify as a business deduction for the employee. For meals and entertainment, a plan may reimburse expenses at 100% that would be deductible by the employee at only 50%.

Keep good records

An accountable plan isn’t required to be in writing. But formally establishing one makes it easier for your nonprofit to prove its validity to the IRS if it is challenged.

When administering your plan, your nonprofit is responsible for identifying the reimbursement or expense payment and keeping these amounts separate from other amounts, such as wages. The accountable plan must reimburse expenses in addition to an employee’s regular compensation. No matter how informal your nonprofit, you can’t substitute tax-free reimbursements for compensation that employees otherwise would have received.

The IRS also requires employers with accountable plans to keep good records for expenses that are reimbursed. This includes documentation of the amount of the expense and the date; place of the travel, meal or transportation; business purpose of the expense; and business relationship of the people fed. You also should require employees to submit receipts for any expenses of $75 or more and for all lodging, unless your nonprofit uses a per diem plan.

Inexpensive retention tool

Accountable plans are relatively easy and inexpensive to set up and can help retain staffers who frequently submit reimbursement requests. Contact us for more information.

Back to industry updates

In July, the Public Company Accounting Oversight Board (PCAOB) published two guides to help clarify a new rule that requires auditors of public companies to disclose critical audit matters (CAMs) in their audit reports. The rule represents a major change to the brief pass-fail auditor reports that have been in place for decades.

One PCAOB guide is intended for investors, the other for audit committees. Both provide answers to frequently asked questions about CAMs.

What is a CAM?

CAMs are the sole responsibility of the auditor, not the audit committee or the company’s management. The PCAOB defines CAMs as issues that:

Have been communicated to the audit committee,
Are related to accounts or disclosures that are material to the financial statements, and
Involve especially challenging, subjective or complex judgments from the auditor.

Examples might include complex valuations of indefinite-lived intangible assets, uncertain tax positions and goodwill impairment.

Does reporting a CAM indicate a misstatement or deficiency?

CAMs aren’t intended to reflect negatively on the company or indicate that the auditor found a misstatement or deficiencies in internal control over financial reporting. They don’t alter the auditor’s opinion on the financial statements.

Instead, CAMs provide information to stakeholders about issues that came up during the audit that required especially challenging, subjective or complex auditor judgment. Auditors also must describe how the CAMs were addressed in the audit and identify relevant financial statement accounts or disclosures that relate to the CAM.

CAMs vary depending on the nature and complexity of the audit. Auditors for companies within the same industry may report different CAMs. And auditors may encounter different CAMs for the same company from year to year.

For example, as a company is implementing a new accounting standard, the issue may be reported as a CAM, because it requires complex auditor judgment. This issue may not require the same level of auditor judgment the next year, or it might be a CAM for different reasons than in the year of implementation.

When does the rule go into effect?

Disclosure of CAMs in audit reports will be required for audits of fiscal years ending on or after June 30, 2019, for large accelerated filers, and for fiscal years ending on or after December 15, 2020, for all other companies to which the requirement applies.

The new rule doesn’t apply to audits of emerging growth companies (EGCs), which are companies that have less than $1 billion in revenue and meet certain other requirements. This class of companies gets a host of regulatory breaks for five years after becoming public, under the Jumpstart Our Business Startups (JOBS) Act.

Coming soon

PCAOB Chairman James Doty has promised that CAMs will “breathe life into the audit report and give investors the information they’ve been asking for from auditors.” Contact us for more information about CAMs.

Back to industry updates

After insurance policies expire, many businesses just throw away the paper copies and delete the digital files. But you may need to produce evidence of certain kinds of insurance even after the coverage period has expired. For this reason, it’s best to take a long-term approach to certain types of policies.

Occurrence-based insurance

Generally, the policy types in question are called “occurrence-based.” They include:

General liability,
Umbrella liability,
Commercial auto, and
Commercial crime and theft.

You should retain documentation of occurrence-based policies permanently (or as long as your business is operating). A good example of why is in cases of embezzlement. Employee fraud of this kind may be covered under a commercial crime and theft policy. However, embezzlement sometimes isn’t uncovered until years after the crime has taken place.

For instance, suppose that, during an audit, you learn an employee was embezzling funds three years ago. But the policy that covered this type of theft has since expired. To receive an insurance payout, you’d need to produce the policy documents to prove that coverage was in effect when the crime occurred.

Retaining insurance documentation long-term isn’t necessary for every type of policy. Under “claims-made” insurance, such as directors and officers liability and professional liability, claims can be made against the insured business only during the policy period and during a “tail period” following the policy’s expiration. A commonly used retention period for claims-made policies is about six years after the tail period expires.

Additional protection

Along with permanently retaining proof of occurrence-based policies, it’s a good idea to at least consider employment practices liability insurance (EPLI). These policies protect businesses from employee claims of legal rights violations at the hands of their employers. Sexual harassment is one type of violation that’s covered under most EPLI policies — and such claims can arise years after the alleged crime occurred.

As is the case with occurrence-based coverage, if an employee complaint of sexual harassment arises after an EPLI policy has expired — but the alleged incident occurred while coverage was in effect — you may have to produce proof of coverage to receive a payout. So, you should retain EPLI documentation permanently as well.

Better safe than sorry

You can’t necessarily rely on your insurer to retain expired policies or readily locate them. It’s better to be safe than sorry by keeping some insurance policies in either paper or digital format for the long term. This is the best way to ensure that you’ll receive insurance payouts for events that happened while coverage was still in effect. Our firm can help you assess the proper retention periods of your insurance policies, as well as whether they’re providing optimal value for your company.

Back to industry updates

A business plan is not etched in stone and must be reviewed and updated continuously. Likewise, as with any planning, not everything will go according to plan. A business plan may have outlined the heirs that will inherit the business or the leaders in line for succession, but sometimes a company is sold as part of the larger estate plan. The business may be sold because the second generation doesn’t have the passion of the founder or the founder requires the funds as a nest egg upon retirement. As is the case when any business is sold, the retiring founder should properly prepare the company for sale.

The timing of a sale is critical. If the founder sells the company too early, then he or she can lose his/her occupation. Some people cannot imagine themselves being unemployed or no longer the owner of their company. However, if the business owner waits too long to sell the company, then his/her ambition may wane. The founder’s age or health may impact the company’s operations and profits, which will affect the value of the company at the time of sale.

The terms of the sale can also be negotiated to benefit the founder. The business can be sold in an all-cash deal, as part of a seller-financed transaction, and can include an earnout. An all-cash agreement may guarantee the business owner the purchase price of the company – but the due diligence process may be more burdensome. Moreover, the cash infusion should be invested and managed by a capable asset manager so that the funds remain for the duration of the retirement. A seller-financed transaction bears some risk to the seller but allows for a stream of cash flow with a fixed interest rate negotiated at the time of the sale. Finally, an earnout may be the most lucrative if the milestones are met and can provide the seller with an occupation after the sale.

Before deciding to sell the business, the business owner has to determine whether the company is salable. Although a business may be profitable, the company is not valuable if its revenues are generated strictly due to the owner’s creations or personal charm. The business is also not worth much if its processes and technology are obsolete. Business owners may also be unrealistic about the business’s worth. Although the founder may be emotionally attached to the company, sweat equity does not translate into value. The owner’s valuation must be supported by the company’s intrinsic value or cash flows.

Finally, the business owner must be ready to share all the details of the company’s operations and financials with potential buyers, accountants, and banks. A due diligence process may expose transactions that make you uncomfortable. Either tidy it up or get ready to explain its nature.

Back to industry updates

Many businesses struggle to turn abstract strategic-planning ideas into concrete, actionable plans. One reason why is simple: ineffective meetings. The ideas are there, lurking in the minds of management and key employees, but the process for hashing them out just doesn’t work. Here are a few ways to run your strategic-planning meetings like they really matter — which, of course, they do.

Build buy-in

Meetings often fail because attendees feel more like spectators than participants. They are less likely to zone out if they have some say in the direction and content of the gathering. So, before the session, touch base with those involved and establish a clear agenda of the strategic-planning initiatives you’ll be discussing.

Another common problem with meetings occurs when someone leads the meeting, but no one owns it. As the meeting leader, be sure to speak with conviction and express positivity (if not passion) for the subject matter. (If others are delivering presentations during the proceedings, encourage them to do the same.)

Fight fatigue

To the extent possible, keep meetings short. Cover what needs to be covered, but ensure you’re concentrating only on what’s important. Go in armed with easy-to-follow notes so you’ll stay on track and won’t forget anything. The latter point is particularly important, because overlooked subjects often lead to hasty follow-up meetings that can frustrate employees.

In addition, if the contingent of attendees is large enough, consider having employees break out into smaller groups to focus on specific points. Then call the meeting back to order to discuss each group’s ideas. By mixing it up in such creative ways, you’ll keep employees more engaged.

Tell a story

There’s so much to distract employees in a meeting. If it’s held in the morning, the busy day ahead may preoccupy their thoughts. If it’s an afternoon meeting, they might grow anxious about their commutes home. If the meeting is a Web conference, there are a variety of distractions that may affect them. And there’s no getting around the ease with which participants can sneak peeks at their smartphones (or smart watches) to check emails, texts and the Internet.

How do you break through? People appreciate storytellers. So, think about how you can use this technique to find a more relaxed and engaging way to speak to everyone in the room. Devise a narrative that will grab attendees’ attention and keep them in suspense for a little bit. Then deliver a conclusion that will inspire them to work toward identifying fully realized, feasible strategic goals.

Make ’em great

Grumbling about meetings can be as much a part of working life as burnt coffee in the bottom of the breakroom pot. But don’t let this occasional negativity sway you from doing the critical strategic planning that every business needs to do. Your meetings can be great ones. We can’t help you run them, but we can assist you in assessing the financial feasibility and ramifications of your strategic plans.

Back to industry updates

Failure to collect accounts receivable (AR) in a timely manner can lead to myriad financial problems for your company, including poor cash flow and the inability to pay its own bills. Here are five effective ideas to facilitate more timely collections:

1. Create an AR aging report. This report lets you see at a glance the current payment status of all your customers and how much money they owe. Aging reports typically track the payment status of customers by time periods, such as 0–30 days, 31–60 days, 61–90 days and 91+ days past due.

Armed with this information, you’ll have a better idea of where to focus your efforts. For example, you can concentrate on collecting the largest receivables that are the furthest past due. Or you can zero in on collecting receivables that are between 31 and 60 days outstanding before they become any further behind.

2. Assign collection responsibility to a sole accounting employee. Giving one employee the responsibility for AR collections ensures that the “collection buck” stops with someone. Otherwise, the task of collections could fall by the wayside as accounting employees pick up on other tasks that might seem more urgent.

3. Re-examine your invoices. Your customers prefer bills that are clear, accurate and easy to understand. Sending out invoices that are sloppy, vague or inaccurate will slow down the payment process as customers try to contact you for clarification. Essentially you’re inviting your customers to not pay your invoices promptly.

4. Offer customers multiple ways to pay. The more payment options customers have, the easier it is for them to pay your invoices promptly. These include payment by check, Automated Clearing House, credit or debit card, PayPal or even text message.

5. Be proactive in your billing and collection efforts. Many of your customers may have specific procedures that must be followed by vendors for invoice formatting and submission. Learn these procedures and follow them carefully to avoid payment delays. Also, consider contacting customers a couple of days before payment is due (especially for large payments) to make sure everything is on track.

Lax working capital practices can be a costly mistake. Contact us to help implement these and other strategies to improve collections and boost your revenue and cash flow. We can also help you with strategies for dealing with situations where it’s become clear that a past-due customer won’t (or can’t) pay an invoice.

Back to industry updates

If you own an interest in a closely held business, it’s critical to have a well-designed, properly funded buy-sell agreement. Without one, an owner’s death can have a negative effect on the surviving owners.

If one of your co-owners dies, for example, you may be forced to go into business with his or her family or other heirs. And if you die, your family’s financial security may depend on your co-owners’ ability to continue operating the business successfully.

Buy-sell agreement and estate taxes

There’s also the question of estate taxes. With the federal gift and estate tax exemption currently at $11.4 million, estate taxes affect fewer people than they once did. But estate taxes can bring about a forced sale of the business if your estate is large enough and your family lacks liquid assets to satisfy the tax liability.

A buy-sell agreement requires (or permits) the company or the remaining owners to buy the interest of an owner who dies, becomes disabled, retires or otherwise leaves the business. It also establishes a valuation mechanism for setting the price and payment terms. In the case of death, the buyout typically is funded by life insurance, which provides a source of liquid funds to purchase the deceased owner’s shares and cover any estate taxes or other expenses.

3 options

Buy-sell agreements typically are structured as one of the following agreements:

Redemption, which permits or requires the business as a whole to repurchase an owner’s interest,
Cross-purchase, which permits or requires the remaining owners of the company to buy the interest, typically on a pro rata basis, or
Hybrid, which combines the two preceding structures. A hybrid agreement, for example, might require a departing owner to first make a sale offer to the company and, if it declines, sell to the remaining individual owners.

Depending on the structure of your business and other factors, the type of agreement you choose may have significant income tax implications. They’ll differ based on whether your company is a flow-through entity or a C corporation. We can help you design a buy-sell agreement that’s right for your business.

Back to industry updates

A company’s mission statement determines the objectives of a company, which impacts its value. To illustrate, when Amazon announced that it was buying Whole Foods, the grocery store stock, including Walmart, Kroger’s and Supervalu, plummeted. However, Costco – who experienced a brief dip in value – and privately-held Trader Joe’s were unfazed. Although Costco and Trader Joe’s compete in the same space, they did not employ the same business objectives as Amazon, Walmart, Kroger’s, or Supervalu.

While Amazon, Walmart, Kroger’s and Supervalu focus on cost leadership, Costco and Trader Joe’s emphasize quality and product differentiation. The market believed that Amazon’s acquisition of Whole Foods Market endangered some companies more than others. However, since then – despite Amazon’s centralization of Whole Food Market’s purchasing, Whole Foods is eating into Trader Joe’s customers because it is, at this point, maintaining its mission and objective of quality over price.

A mission statement merely summarizes the company’s strategic plan, which defines the firm’s goals and objectives.

As part of the company’s strategic plan, the founder or management can establish its company scope, company plan, and operating plan. The company scope defines the lines of business and geographic areas of the business and determines whether the entity specializes in a narrow range of skill or activity or provide a broad number of good or services. A company plan sets forth specific, achievable goals or the company (e.g., cost leadership or product differentiation) and identifies qualitative and quantitative objectives that operating managers are expected to meet. An operating plan includes the product/service development plan, operations plan, organization plan, and marketing plan and provides management with detailed implementation guidance based on the company’s strategy.

An example of a company’s goals includes the management approach to employees. Some companies employ an authoritative style of leadership, while others opt to empower employees and implement a decentralized structure. The United States Steel Corporation was one of the largest corporations in the United States with more than 340,000 employees when Nucor Corporation began manufacturing steel. However, while U.S. Steel maintained the labor policies of its founder, Andrew Carnegie, the management of Nucor Corporation shared the authority and profits with its employees. This strategy resulted in Nucor Corporation becoming the largest steel manufacturer in the United States and the most profitable in its industry.

Back to industry updates

Every year, research firm Audit Analytics publishes a study about financial restatement trends. In 2018, the number of public companies that amended their annual reports increased by 18%.

Many of these amendments were due to minor technical issues, however. Of the 400 public companies that amended their returns in 2018, only 30 amended 10-Ks (or 8%) were due to financial restatements. But this was up from 13 amended 10-Ks (or 4%) in 2017. Any time a company restates its financial results, it raises a red flag and prompts stakeholders to dig deeper.

Reasons for restatement

The Financial Accounting Standards Board (FASB) defines a restatement as a revision of a previously issued financial statement to correct an error. Whether they’re publicly traded or privately held, businesses may reissue their financial statements for several “mundane” reasons. Management might have misinterpreted the accounting standards, requiring the company’s external accountant to adjust the numbers. Or they simply may have made minor mistakes and need to correct them.

Leading causes for restatements include:

Recognition errors (for example, when accounting for leases or reporting compensation expense from backdated stock options),
Income statement and balance sheet misclassifications (for instance, a company may need to shift cash flows between investing, financing and operating on the statement of cash flows),
Mistakes reporting equity transactions (such as improper accounting for business combinations and convertible securities),
Valuation errors related to common stock issuances,
Preferred stock errors, and
The complex rules related to acquisitions, investments, revenue recognition and tax accounting.

Often, restatements happen when the company’s financial statements are subjected to a higher level of scrutiny. For example, restatements may occur when a private company converts from compiled financial statements to audited financial statements or decides to file for an initial public offering. They also may be needed when the owner brings in additional internal (or external) accounting expertise, such as a new controller or audit firm.

Audit Analytics reports that “material restatements often go hand-in-hand with material weakness in internal controls over financial reporting.” In rare cases, a financial restatement also can be a sign of incompetence — or even fraud. Such restatements may signal problems that require corrective actions.

Communication is key

The restatement process can be time consuming and costly. Regular communication with interested parties — including lenders and shareholders — can help businesses overcome the negative stigma associated with restatements. Management also needs to reassure employees, customers and suppliers that the company is in sound financial shape to ensure their continued support.

Your in-house accounting team is currently dealing with an unprecedented number of major financial reporting changes, which may, at least partially, explain the recent increase in financial restatements. We can help accounting personnel understand the evolving accounting and tax rules to minimize the risk of restatement, as well as help them effectively manage the restatement process.

Back to industry updates

In 2014, Brian Acton and his partner, Jan Koum, sold the popular messaging app WhatsApp to Facebook for approximately $19 billion in cash and stock. However, in 2017, Acton left WhatsApp and thereby left $850 million in unvested options on the table. He paid this price over a dispute he had with Facebook executives regarding users’ privacy. While Facebook understood the need to monetize WhatsApp’s data, its founders did not believe that it was in line with their vision and core values.

Studies show that children are excited about inheriting the family business and taking it to the next level. 75% of the next generation have big plans and energetic ideas on how to grow the family business. However, a founder may often be at odds with the next generation regarding the strategy and goals of the company. Accordingly, to ensure continuity, a business should implement a strategic plan with a company mission and underlying core values to serve as the bedrock of the company for future generations to rely upon. A strategic plan helps determine the long-term goals of a company, its core value, mission, and objectives. Such a plan can safeguard the continuity of a company and maintain the principles and tenets of the original founder.

Core Values

Core values are the underlying beliefs (“credo”) that govern an entity’s operations and relationships with other parties. They represent the fundamental beliefs of what is important to the company, publicize who the company is and what it stands for, and communicate the personal values and beliefs of the founder(s).

The core values are more than just a marketing concept. Instead, it should feed into the vision, purpose, and mission of the company and set the stage for all decisions that will be made as the company grows. Essentially, the core values should be treated as the foundation of the company and used to assist the company in developing and executing its goals and strategies.

For example, Whole Foods Market’s credo states: “We Sell the Highest Quality Natural and Organic Foods.” This will ensure that, although Amazon purchased the grocery chain, Whole Foods will remain a company that focuses on quality and product differentiation rather than cost leadership.

Mission Statement

The mission statement of a company provides an expression of the purpose and range of the entity’s activities, including the overall goals and operational scope and general guidelines for future management actions. A mission statement represents a condensed version of the company’s strategic plan and serves to differentiate the company from its competitors. Effectively, the mission statement ought to provide direction to the company’s executives when deciding on the products or services to offer. Nevertheless, the mission statement should be adjusted to reflect changing business environments and management philosophies.

Conclusion

William Rosenberg opened the first Dunkin’ Donuts store in 1950. Today, there are more than 10,000 Dunkin’ Donuts franchises in 32 countries around the world. In order to ensure uniformity and continuity, Mr. Rosenberg created the following mission statement: “Make and serve the freshest, most delicious coffee and donuts quickly and courteously in modern, well-merchandised stores.” Although Dunkin’ – as it re-branded itself – sells beverages and pastries beyond coffee and donuts, the founder’s mission of providing delicious and fresh baked goods is shared by local, small business franchisees around the world.

A strategic plan along with the core values and mission statement assists company leaders in following the objectives of the company to achieve the desired measurable results, including profitability, growth, market share, innovation, etc. while remaining true to the company’s philosophy and its founder’s vision.

Back to industry updates

“Gamification.” It’s perhaps an odd word, but it’s a cool concept that’s become popular among many types of businesses. In its most general sense, the term refers to integrating characteristics of game-playing into business-related tasks to excite and engage the people involved.

Might it have a place in your company?

Internal focus

Sometimes gamification refers to customer interactions. For example, a retailer might award customers points for purchases that they can collect and use toward discounts. Or a company might offer product-related games or contests on its website to generate traffic and visitor engagement.

But, these days, many businesses are also using gamification internally. They’re using it to:

Engage employees in training processes,
Promote friendly competition and camaraderie among employees, and
Ease the recognition and measurement of progress toward shared goals.

It’s not hard to see how creating positive experiences in these areas might improve the morale and productivity of any workplace. As a training tool, games can help employees learn more quickly and easily. Moreover, with the rise of social media, many workers are comfortable sharing with others in a competitive setting. And, from the employer’s perspective, gamification opens all kinds of data-gathering possibilities to track training initiatives and measure employee performance.

Specific applications

In most businesses, employee training is a big opportunity to reap the benefits of gamification. As many industries look to attract Generation Z — the next big demographic to enter the workforce — game-based learning makes perfect sense for individuals who grew up both competing in various electronic ways on their mobile devices and interacting on social media.

For example, safety and sensitivity training are areas that demand constant reinforcement. But it’s also common for workers to tune out these topics. Framing reminders, updates and exercises within game scenarios, in which participants might win or lose ground by following proper or improper work practices, is one way to liven up the process.

Game-style simulations can also help prepare employees for management or leadership roles. Online training simulations, set up as games, can test participants’ decision-making and problem-solving skills — and allow them to see the potential consequences of various actions before granting them such responsibilities in the real-world situations. You might also consider rewards-based games for managers or project leaders based on meeting schedules, staying within budgets, or preventing accidents or other costly mistakes.

Intended effects

Naturally, gamification has its risks. You don’t want to “force fun” or frustrate employees with unreasonably difficult games. Doing so could lower morale, waste time and money, and undercut training effectiveness.

To mitigate the downsides, involve management and employees in gamification initiatives to ensure you’re on the right track. Also consider involving a professional consultant to implement established and tested “gamified” exercises, tasks and contests. We can help you identify and assess the potential costs involved and keep those costs in line.

Back to industry updates

Whole Foods Market is now famous as the upscale supermarket chain that was acquired by Amazon for close to $14 billion. However, Whole Foods Market began with humble beginnings. In 1978, John Mackey and Renee Lawson borrowed money from friends and family to open a small natural food store in Austin, Texas. As the store expanded to open more locations and Mackey and Lawson admitted two additional partners and designated specific tasks to each partner, such as finance, human resources, and sales. This process continues today where, although Whole Foods Market is a multinational food chain with 500 locations, each regional manager has the autonomy and flexibility to decide on suppliers and pricing.

The proverb “too many cooks spoil the broth” applies to the management of a business. Thus, establishing the sequence of control as part of a succession plan ensures that the company continues to operate effectively and efficiently – especially if the business is bequeathed to children who do not work in the family business.

The sequence of control of a business succession plan outlines the decision-making process of a closely-held, family business once the owner is determined to be incapacitated or deceased. Although this can be emotionally tolling, the sequence of control is essential for the continuity of the business. The following are questions that arise when planning the sequence of control.

What is the definition of incapacitated?

You undoubtedly know of instances in which the patriarch of a family suffered from dementia or a form of memory loss. You are probably familiar with cases in which people took advantage of individuals suffering from Alzheimer’s disease. Such undue influence can arise if a business owner can no longer exercise prudent business reasoning and judgment. Accordingly, the business succession plan should define “capacity” and specify who makes the determination, which can be a physician or a member of the clergy.

Who assumes control?

It may seem irresponsible to vest absolute control to the child or children who work(s) in the business; however, it may be imprudent to allow children who do not work in the company to be involved in the decision-making process of the business. A business administrator who requires approval for the day-to-day operational decisions in the ordinary course of business may be unable to perform basic administrative duties of the company, especially if consent is needed from an adverse party. Nevertheless, a proper business plan may require a vote of all members for significant business decisions, or decisions that may alter the business structure or significantly impact the business.

How can I secure oversight over the business administrator?

Proper internal controls are always recommended to promote accountability and prevent fraud, but it is even more critical when one heir controls the family business. The business succession plan can provide for a salary and fringe benefits or performance-based compensation, methods for removing or replacing the administrator, an arbitrator to adjudicate disagreements or disputes among family members, and an exit strategy or process of dissolving the business or partnership.

How can I provide for myself and my spouse while incapacitated?

If you are considered an owner of the business during your lifetime or so long that your spouse is alive, your succession plan can stipulate that you receive periodic distributions. However, a fixed withdrawal may prove to be insufficient for your medical needs or general cost of living. Conversely, the business may be dependent on its working capital that is now being distributed and accumulated in your personal checking account.

Back to industry updates

Small businesses may find it beneficial to barter for goods and services instead of paying cash for them. If your business engages in bartering, be aware that the fair market value of goods that you receive in bartering is taxable income. And if you exchange services with another business, the transaction results in taxable income for both parties.

Income is also realized if services are exchanged for property. For example, if a construction firm does work for a retail business in exchange for unsold inventory, it will have income equal to the fair market value of the inventory.

Barter clubs

Many business owners join barter clubs that facilitate barter exchanges. In general, these clubs use a system of “credit units” that are awarded to members who provide goods and services. The credits can be redeemed for goods and services from other members.

Bartering is generally taxable in the year it occurs. But if you participate in a barter club, you may be taxed on the value of credit units at the time they’re added to your account, even if you don’t redeem them for actual goods and services until a later year. For example, let’s say that you earn 2,000 credit units one year, and that each unit is redeemable for $1 in goods and services. In that year, you’ll have $2,000 of income. You won’t pay additional tax if you redeem the units the next year, since you’ve already been taxed once on that income.

If you join a barter club, you’ll be asked to provide your Social Security number or employer identification number. You’ll also be asked to certify that you aren’t subject to backup withholding. Unless you make this certification, the club will withhold tax from your bartering income at a 24% rate.

Required forms

By January 31 of each year, the barter club will send you a Form 1099-B, “Proceeds from Broker and Barter Exchange Transactions,” which shows the value of cash, property, services, and credits that you received from exchanges during the previous year. This information will also be reported to the IRS.

If you don’t contract with a barter exchange but you do trade services, you don’t file Form 1099-B. But you may have to file a form 1099-MISC.

Many benefits

By bartering, you can trade away excess inventory or provide services during slow times, all while hanging onto your cash. You may also find yourself bartering when a customer doesn’t have the money on hand to complete a transaction. As long as you’re aware of the federal and state tax consequences, these transactions can benefit all parties. Contact us for more information.

Back to industry updates

The Tax Cuts and Jobs Act (TCJA) has changed the landscape for business taxpayers. That’s because the law introduced a flat 21% federal income tax rate for C corporations. Under prior law, profitable C corporations paid up to 35%.

The TCJA also cut individual income tax rates, which apply to sole proprietorships and pass-through entities, including partnerships, S corporations, and LLCs (treated as partnerships for tax purposes). However, the top rate dropped from 39.6% to only 37%.

These changes have caused many business owners to ask: What’s the optimal entity choice for me?

Entity tax basics

Before the TCJA, conventional wisdom was that most small businesses should be set up as sole proprietorships or pass-through entities to avoid the double taxation of C corporations. A C corporation pays entity-level income tax and then shareholders pay tax on dividends — and on capital gains when they sell the stock. For pass-through entities, there’s no federal income tax at the entity level.

Although C corporations are still potentially subject to double taxation, their current 21% tax rate helps make up for it. This issue is further complicated, however, by another tax provision that allows noncorporate owners of pass-through entities to take a deduction equal to as much as 20% of qualified business income (QBI), subject to various limits. But, unless Congress extends it, that deduction is available only through 2025.

Many factors to consider

The best entity choice for your business depends on many factors. Keep in mind that one form of doing business might be more appropriate at one time (say, when you’re launching), while another form might be better after you’ve been operating for a few years. Here are a few examples:

Suppose a business consistently generates losses. There’s no tax advantage to operating as a C corporation. C corporation losses can’t be deducted by their owners. A pass-through entity would generally make more sense in this scenario because losses would pass through to the owners’ personal tax returns.
What about a profitable business that pays out all income to the owners? In this case, operating as a pass-through entity would generally be better if significant QBI deductions are available. If not, there’s probably not a clear entity-choice answer in terms of tax liability.
Finally, what about a business that’s profitable but holds on to its profits to fund future projects? In this case, operating as a C corporation generally would be beneficial if the corporation is a qualified small business (QSB). Reason: A 100% gain exclusion may be available for QSB stock sale gains. Even if QSB status isn’t available, C corporation status is still probably preferred — unless significant QBI deductions would be available at the owner level.

As you can see, there are many issues involved and taxes are only one factor.

For example, one often-cited advantage of certain entities is that they allow a business to be treated as an entity separate from the owner. A properly structured corporation can protect you from business debts. But to ensure that the corporation is treated as a separate entity, it’s important to observe various formalities required by the state. These include filing articles of incorporation, adopting by-laws, electing a board of directors, holding organizational meetings and keeping minutes.

The best long-term choice

The TCJA has far-reaching effects on businesses. Contact us to discuss how your business should be set up to lower its tax bill over the long run. But remember that entity choice is easier when starting up a business. Converting from one type of entity to another adds complexity. We can help you examine the ins and outs of making a change.

Back to industry updates

To help defray health care costs, many people now contribute to, or are thinking about setting up, Health Savings Accounts (HSAs). With these accounts, individuals can pay for certain medical expenses on a tax advantaged basis.

The basics

With HSAs, you take more responsibility for your health care costs. If you’re covered by a qualified high-deductible health plan, you can contribute pretax income to an employer-sponsored HSA — or make deductible contributions to an HSA you set up yourself.

You own the account, which can bear interest or be invested. It can grow tax-deferred, similar to an IRA. Withdrawals for qualified medical expenses are tax-free, and you can carry over a balance from year to year. So, unlike Flexible Spending Accounts (FSAs), undistributed balances in HSAs aren’t forfeited at year end.

For the 2019 tax year, you can make a tax-deductible HSA contribution of up to $3,500 if you have qualifying self-only coverage or up to $7,000 if you have qualifying family coverage (anything other than self-only coverage). If you’re age 55 or older as of December 31, the maximum contribution increases by $1,000.

To be eligible to contribute to an HSA, you must have a qualifying high deductible health insurance policy and no other general health coverage. For 2019, a high deductible health plan is defined as one with a deductible of at least $1,350 for self-only coverage or $2,700 for family coverage.

For 2019, qualifying policies must have had out-of-pocket maximums of no more than $6,750 for self-only coverage or $13,500 for family coverage.

Account balances

If you still have an HSA balance after reaching Medicare eligibility age (generally age 65), you can empty the account for any reason without a tax penalty. If you don’t use the withdrawal to cover qualified medical expenses, you’ll owe federal income tax and possibly state income tax. But the 20% tax penalty that generally applies to withdrawals not used for medical expenses won’t apply. There’s no tax penalty on withdrawals made after disability or death.

Alternatively, you can use your HSA balance to pay uninsured medical expenses incurred after reaching Medicare eligibility age. If your HSA still has a balance when you die, your surviving spouse can take over the account tax-free and treat it as his or her own HSA, if he or she is named as the beneficiary. In other cases, the date-of-death HSA balance must generally be included in taxable income on that date by the person who inherits the account.

Deadlines and deductions

If you’re eligible to make an HSA contribution, the deadline is April 15 of the following year (adjusted for weekends and holidays) to open an account and make a tax-deductible contribution for the previous year.

So, if you’re eligible, there’s plenty of time to make a deductible contribution for 2019. The deadline for making 2019 contributions is April 15, 2020.

The write-off for HSA contributions is an “above-the-line” deduction. That means you can claim it even if you don’t itemize.

In addition, an HSA contribution isn’t tied to income. Even wealthy people can make deductible HSA contributions if they have qualifying high deductible health insurance coverage and meet the other requirements.

Tax-smart opportunity

HSAs can provide a smart tax-saving opportunity for individuals with qualifying high deductible health plans. Contact us to help you set up an HSA or decide how much to contribute for 2019.

Back to industry updates

Every financial transaction your company records generates non-financial data that doesn’t have a dollar value assigned to it. Though auditors may spend most of their time analyzing financial records, non-financial data can also help them analyze your business from multiple angles.

Gathering audit evidence

The purpose of an audit is to determine whether your financial statements are “fairly presented in all material respects, compliant with Generally Accepted Accounting Principles (GAAP) and free from material misstatement.” To thoroughly assess these issues, auditors need to expand their procedures beyond the line items recorded in your company’s financial statements.

Non-financial information helps auditors understand your business and how it operates. During planning, inquiry, analytics and testing procedures, auditors will be on the lookout for inconsistencies between financial and non-financial measures. This information also helps auditors test the accuracy and reasonableness of the amounts recorded on your financial statements.

Looking beyond the numbers

A good starting point is a tour of your facilities to observe how and where the company spends its money. The number of machines operating, the amount of inventory in the warehouse, the number of employees and even the overall morale of your staff can help bring to life the amounts shown in your company’s financial statements.

Auditors also may ask questions during fieldwork to help determine the reasonableness of financial measures. For instance, they may ask you for detailed information about a key vendor when analyzing accounts payable. This might include the vendor’s ownership structure, its location, copies of email communications between company personnel and vendor reps, and the name of the person who selected the vendor. Such information can give the auditor insight into the size of the relationship and whether the timing and magnitude of vendor payments appear accurate and appropriate.

Your auditor may even look outside your company for non-financial data. Many websites allow customers and employees to submit reviews of the company. These reviews can provide valuable insight regarding the company’s inner workings. If the reviews uncover consistent themes — such as an unwillingness to honor product guarantees or allegations of illegal business practices — it may signal deep-seated problems that require further analysis.

Facilitating the audit process

Auditors typically ask lots of questions and request specific documentation to test the accuracy and integrity of a company’s financial records. While these procedures may seem probing or superfluous, analyzing non-financial data is critical to issuing a non-qualified audit opinion. Let’s work together to get it right!

Back to industry updates

Can your business become more profitable without venturing out of its comfort zone? Of course! However, adding new products or services may not be the best way for your business — or any company — to boost profits. Bottom-line potential may lie undiscovered in your existing operations. How can you find these “hidden” profits? Dig into every facet of your organization.

Develop a profit plan

You’ve probably written and perhaps even recently revised a business plan. And you’ve no doubt developed sales and marketing plans to present to investors and bankers. But have you taken the extra step of developing a profit plan?

A profit plan outlines your company’s profit potential and sets objectives for realizing those bottom-line improvements. Following traditional profit projections based on a previous quarter’s or previous year’s performance can limit you. Why? Because when your company reaches its budgeted sales goals or exceeds them, you may feel inclined to ease up for the rest of the year. Don’t just coast past your sales goals — roar past them and keep going.

Uncover hidden profit potential by developing a profit plan that includes a continuous incentive to improve. Set your sales goals high. Even if you don’t reach them, you’ll have the incentive to continue pushing for more sales right through year end.

Ask the right questions

Among the most effective techniques for creating such a plan is to consider three critical questions. Answer them with, if necessary, brutal honesty to increase your chances of success. And pose the questions to your employees for their input, too. Their answers may reveal options you never considered. Here are the questions:

1. What does our company do best? Involve top management and brainstorm to answer this question. Identifying your core competencies should result in strategies that boost operations and uncover hidden profits.

2. What products or services should we eliminate? Nearly everyone in management has an answer to this question, but usually no one asks for it. When you lay out the tough answers on the table, you can often eliminate unprofitable activities and improve profits by adding or improving profitable ones.

3. Exactly who are our customers? You may be wasting time and money on marketing that doesn’t reach your most profitable customers. Analyzing your customers and prospects to better focus your marketing activities is a powerful way to cut waste and increase profits.

Get that shovel ready

Every business owner wishes his or her company could be more profitable, but how many undertake a concerted effort to uncover hidden profits? By pulling out that figurative shovel and digging into every aspect of your company, you may very well unearth profit opportunities your competitors are missing. We can help you conduct this self-examination, gather the data and crunch the resulting numbers.

Back to industry updates

Is your business hiring this summer? If the employees come from certain “targeted groups,” you may be eligible for the Work Opportunity Tax Credit (WOTC). This includes youth whom you bring in this summer for two or three months. The maximum credit employers can claim is $2,400 to $9,600 for each eligible employee.

10 targeted groups

An employer is generally eligible for the credit only for qualified wages paid to members of 10 targeted groups:

Qualified members of families receiving assistance under the Temporary Assistance for Needy Families program,
Qualified veterans,
Designated community residents who live in Empowerment Zones or rural renewal counties,
Qualified ex-felons,
Vocational rehabilitation referrals,
Qualified summer youth employees,
Qualified members of families in the Supplemental Nutrition Assistance Program,
Qualified Supplemental Security Income recipients,
Long-term family assistance recipients, and
Qualified individuals who have been unemployed for 27 weeks or longer.

For each employee, there’s also a minimum requirement that the employee have completed at least 120 hours of service for the employer, and that employment begin before January 1, 2020.

Also, the credit isn’t available for certain employees who are related to the employer or work more than 50% of the time outside of a trade or business of the employer (for example, working as a house cleaner in the employer’s home). And it generally isn’t available for employees who have previously worked for the employer.

Calculate the savings

For employees other than summer youth employees, the credit amount is calculated under the following rules. The employer can take into account up to $6,000 of first-year wages per employee ($10,000 for “long-term family assistance recipients” and/or $12,000, $14,000 or $24,000 for certain veterans). If the employee completed at least 120 hours but less than 400 hours of service for the employer, the wages taken into account are multiplied by 25%. If the employee completed 400 or more hours, all of the wages taken into account are multiplied by 40%.

Therefore, the maximum credit available for the first-year wages is $2,400 ($6,000 × 40%) per employee. It is $4,000 [$10,000 × 40%] for “long-term family assistance recipients”; $4,800, $5,600 or $9,600 [$12,000, $14,000 or $24,000 × 40%] for certain veterans. In order to claim a $9,600 credit, a veteran must be certified as being entitled to compensation for a service-connected disability and be unemployed for at least six months during the one-year period ending on the hiring date.

Additionally, for “long-term family assistance recipients,” there’s a 50% credit for up to $10,000 of second-year wages, resulting in a total maximum credit, over two years, of $9,000 [$10,000 × 40% plus $10,000 × 50%].

The “first year” described above is the year-long period which begins with the employee’s first day of work. The “second year” is the year that immediately follows.

For summer youth employees, the rules described above apply, except that you can only take into account up to $3,000 of wages, and the wages must be paid for services performed during any 90-day period between May 1 and September 15. That means that, for summer youth employees, the maximum credit available is $1,200 ($3,000 × 40%) per employee. Summer youth employees are defined as those who are at least 16 years old, but under 18 on the hiring date or May 1 (whichever is later), and reside in an Empowerment Zone, enterprise community or renewal community.

We can help

The WOTC can offset the cost of hiring qualified new employees. There are some additional rules that, in limited circumstances, prohibit the credit or require an allocation of the credit. And you must fill out and submit paperwork to the government. Contact us for assistance or more information about your situation.

Back to industry updates

If federal income tax and employment taxes (including Social Security) are withheld from employees’ paychecks and not handed over to the IRS, a harsh penalty can be imposed. To make matters worse, the penalty can be assessed personally against a “responsible individual.”

If a business makes payroll tax payments late, there are escalating penalties. And if an employer fails to make them, the IRS will crack down hard. With the “Trust Fund Recovery Penalty,” also known as the “100% Penalty,” the IRS can assess the entire unpaid amount against a responsible person who willfully fails to comply with the law.

Some business owners and executives facing a cash flow crunch may be tempted to dip into the payroll taxes withheld from employees. They may think, “I’ll send the money in later when it comes in from another source.” Bad idea!

No corporate protection

The corporate veil won’t shield corporate officers in these cases. Unlike some other liability protections that a corporation or limited liability company may have, business owners and executives can’t escape personal liability for payroll tax debts.

Once the IRS asserts the penalty, it can file a lien or take levy or seizure action against a responsible individual’s personal assets.

Who’s responsible?

The penalty can be assessed against a shareholder, owner, director, officer, or employee. In some cases, it can be assessed against a third party. The IRS can also go after more than one person. To be liable, an individual or party must:

Be responsible for collecting, accounting for, and paying over withheld federal taxes, and willfully fail to pay over those taxes. That means intentionally, deliberately, voluntarily and knowingly disregarding the requirements of the law.
The easiest way out of a delinquent payroll tax mess is to avoid getting into one in the first place. If you’re involved in a small or medium-size business, make sure the federal taxes that have been withheld from employees’ paychecks are paid over to the government on time. Don’t ever allow “borrowing” from withheld amounts.

Consider hiring an outside service to handle payroll duties. A good payroll service provider relieves you of the burden of paying employees, making the deductions, taking care of the tax payments and handling record keeping. Contact us for more information.

Back to industry updates

Summer is just around the corner, so you might be thinking about getting some vacation time. If you’re self-employed or a business owner, you have a golden opportunity to combine a business trip with a few extra days of vacation and offset some of the cost with a tax deduction. But be careful, or you might not qualify for the write-offs you’re expecting.

Basic rules

Business travel expenses can potentially be deducted if the travel is within the United States and the expenses are:

“Ordinary and necessary” and
Directly related to the business.
Note: The tax rules for foreign business travel are different from those for domestic travel.

Business owners and the self-employed are generally eligible to deduct business travel expenses if they meet the tests described above. However, under the Tax Cuts and Jobs Act, employees can no longer deduct such expenses. The potential deductions discussed in this article assume that you’re a business owner or self-employed.

A business-vacation trip

Transportation costs to and from the location of your business activity may be 100% deductible if the primary reason for the trip is business rather than pleasure. But if vacation is the primary reason for your travel, generally no transportation costs are deductible. These costs include plane or train tickets, the cost of getting to and from the airport, luggage handling tips and car expenses if you drive. Costs for driving your personal car are also eligible.

The key factor in determining whether the primary reason for domestic travel is business is the number of days you spend conducting business vs. enjoying vacation days. Any day principally devoted to business activities during normal business hours counts as a business day. In addition:

Your travel days count as business days, as do weekends and holidays — if they fall between days devoted to business and it wouldn’t be practical to return home.
Standby days (days when your physical presence might be required) also count as business days, even if you aren’t ultimately called upon to work on those days.
Bottom line: If your business days exceed your personal days, you should be able to claim business was the primary reason for a domestic trip and deduct your transportation costs.

What else can you deduct?

Once at the destination, your out-of-pocket expenses for business days are fully deductible. Examples of these expenses include lodging, meals (subject to the 50% disallowance rule), seminar and convention fees, and cab fare. Expenses for personal days aren’t deductible.

Keep in mind that only expenses for yourself are deductible. You can’t deduct expenses for family members traveling with you, including your spouse — unless they’re employees of your business and traveling for a bona fide business purpose.

Keep good records

Be sure to retain proof of the business nature of your trip. You must properly substantiate all of the expenses you’re deducting. If you get audited, the IRS will want to see records during travel you claim was for business. Good records are your best defense. Additional rules and limits apply to travel expense deductions. Please contact us if you have questions.

Back to industry updates

Companies tend to spend considerable time and resources training and upskilling their sales staff on how to handle existing customers. And this is, no doubt, a critical task. But don’t overlook the vast pool of individuals or entities that want to buy from you but just don’t know it yet. We’re talking about prospects.

Identifying and winning over a steady flow of new buyers can safeguard your business against sudden sales drops or, better yet, push its profitability to new heights. Here are some ideas for better targeting and converting your company’s sales prospects:

Continually improve lead generation. Does your marketing department help you generate leads by doing things such as creating customer profiles for your products or services? If not, it’s probably time to create a database of prospects who may benefit from your products or services. Customer relationship management software can be of great help. When salespeople have a clear picture of a likely buyer, they’ll be able to better focus their efforts.

Use qualifications to avoid wasted sales calls. The most valuable nonrecurring asset that any company possesses is time. Effective salespeople spend their time with prospects who are the most likely to buy from them. Four aspects of a worthy prospect include having:

Clearly discernible and fulfillable needs,
A readily available decision maker,
Definitively assured creditworthiness, and
A timely desire to buy.

Apply these qualifications, and perhaps others that you develop, to any person or entity with whom you’re considering doing business. If a sale appears highly unlikely, move on.

Develop effective questions. When talking with prospects, your sales staff must know what draws buyers to your company. Sales staffers who make great presentations but don’t ask effective questions to find out about prospects’ needs are doomed to mediocrity.

They say the most effective salespeople spend 20% of their time talking and 80% listening. Whether these percentages are completely accurate is hard to say but, after making their initial pitch, good salespeople use their talking time to ask intelligent, insightful questions based on solid research into the prospect. Otherwise, they listen.

Devise solutions. It may seem next to impossible to solve the challenges of someone you’ve never met. But that’s the ultimate challenge of targeting and winning over prospects. Your sales staff needs the ability to know — going in — how your product or service can solve a prospect’s problem or help him, her or that organization accomplish a goal. Without a clear offer of a solution, what motivation does a prospect have to spend money?

Customers are important — and it would be foolish to suggest they’re not. But remember, at one time, every one of your customers was a prospect that you won over. You’ve got to keep that up. Contact us for help quantifying your sales process so you can get a better idea of how to improve it.

Back to industry updates

Few businesses today can afford to let potential buyers slip through the cracks. Customer relationship management (CRM) software can help you build long-term relationships with those most likely to buy your products or services. But to maximize your return on investment in one of these solutions, you and your employees must have a realistic grasp on its purpose and functionality.

Putting it all together

CRM software is designed to:

Gather every bit and byte of data related to your customers,
Organize that information in a clear, meaningful format, and
Integrate itself with other systems and platforms (including social media).

Every time a customer contacts your company — or you follow up with that customer — the CRM system can record that interaction. This input enables business owners to track leads, forecast and record sales, assess the effectiveness of marketing campaigns, and evaluate other important data. It also helps companies retain valuable customer contact information, preventing confusion following staff turnover or if someone happens to be out of the office.

Furthermore, most CRM systems can remind salespeople when to make follow-up calls and prompt other employees to contact customers. For instance, an industrial cleaning company could set up its system to automatically transmit customer reminders regarding upcoming service dates.

Categorizing your contacts

Customers can be categorized by purchase history, future product or service interests, desired methods of contact, and other data points. This helps businesses reach out to customers at a good time, in the right way. When companies flood customers with too many impersonal calls, direct mail pieces or e-mails, their messaging is much more likely to be ignored.

Naturally, an important part of maintaining any CRM system is keeping customers’ contact data up to date. So, you’ll need to instruct sales or customer service staff to gently touch base on this issue at least once a year. To avoid appearing pushy, some businesses ask customers to fill out contact info cards (or request business cards) that are then entered into a drawing for a free product or service — or even just a free lunch!

Encouraging buy-in

A properly implemented CRM system can improve sales, lower marketing costs and build customer loyalty. But, as mentioned, you’ll need to train employees how to use the software to get these benefits. And buy-in must occur throughout the organization — a “silo approach” to CRM that focuses only on one business area won’t optimize results.

Establish thorough use of the system as an annual performance objective for sales, marketing and customer service employees. Some business owners even offer monthly prizes or bonuses to employees who consistently enter data into their CRM systems.

Making the right choice

There are many CRM solutions available today at a wide variety of price points. We can help you conduct a cost-benefit analysis of this type of software — based on your company’s size, needs and budget — to assist you in choosing whether to buy a product or, if you already have one, how best to upgrade it.

Back to industry updates

There are many ways for employers to conduct annual performance reviews. So many, in fact, that owners of small to midsize businesses may find the prospect of implementing a state-of-the-art review process overwhelming.

The simple truth is that smaller companies may not need to exert a lot of effort on a complex approach. Sometimes a simple conversation between supervisor and employee — or even owner and employee — can do the job, as long as mutual understanding is achieved and clear objectives are set.

Remember why it matters

If your commitment to this often-stressful ritual ever starts to falter, remind yourself of why it matters. A well-designed performance review process is valuable because it can:

Provide feedback and counseling to employees about how the company perceives their respective job performances,
Set objectives for the upcoming year and assist in determining any developmental needs, and
Create a written record of performance and assist in allocating rewards and opportunities, as well as justifying disciplinary actions or termination.

Conversely, giving annual reviews short shrift by only orally praising or reprimanding an employee leaves a big gap in that worker’s written history. The most secure companies, legally speaking, document employees’ shortcomings — and achievements — as they occur. They fully discuss performance at least once annually.

Don’t do this!

To ensure your company’s annual reviews are as productive as possible, make sure your supervisors aren’t:

Winging it. Establish clear standards and procedures for annual reviews. For example, supervisors should prepare for the meetings by filling out the same documentation for every employee.

Failing to consult others. If a team member works regularly with other departments or outside vendors, his or her supervisor should contact individuals in those other areas for feedback before the review. You can learn some surprising things this way, both good and bad.

Keeping employees in the dark. Nothing in a performance review should come as a major surprise to an employee. Be sure supervisors are communicating with workers about their performance throughout the year. An employee should know in advance what will be discussed, how much time to set aside for the meeting and how to prepare for it.

Failing to follow through. Make sure supervisors identify key objectives for each employee for the coming year. It’s also a good idea to establish checkpoints in the months ahead to assess the employee’s progress toward the goals in question.

Put something in place

As a business grows, it may very well need to upgrade and expand its performance evaluation process. But the bottom line is that every company needs to have something in place, no matter how basic, to evaluate and document how well employees are performing. Our firm can help determine how your employees’ performance is affecting profitability and suggest ways to cost-effectively improve productivity.

Back to industry updates

Roth 401(k) accounts have been around for 13 years now. Studies show that more employers are offering them each year. A recent study by the Plan Sponsor Council of America (PSCA) found that Roth 401(k)s are now available at 70% of employer plans, up from 55.6% of plans in 2016.

However, despite the prevalence of employers offering Roth 401(k)s, most employees aren’t choosing to contribute to them. The PSCA found that only 20% of participants who have access to a Roth 401(k) made contributions to one in 2017. Perhaps it’s because they don’t understand them.

If you offer a Roth 401(k) or you’re considering one, educate your employees about the accounts to boost participation.

A 401(k) with a twist

As the name implies, these plans are a hybrid — taking some characteristics from Roth IRAs and some from employer-sponsored 401(k)s.

An employer with a 401(k), 403(b) or governmental 457(b) plan can offer designated Roth 401(k) accounts.

As with traditional 401(k)s, eligible employees can elect to defer part of their salaries to Roth 401(k)s, subject to annual limits. The employer may choose to provide matching contributions. For 2019, a participating employee can contribute up to $19,000 ($25,000 if he or she is age 50 or older) to a Roth 401(k). The most you can contribute to a Roth IRA for 2019 is $6,000 ($7,000 for those age 50 or older).

Note: The ability to contribute to a Roth IRA is phased out for upper-income taxpayers, but there’s no such restriction for a Roth 401(k).

The pros and cons

Unlike with traditional 401(k)s, contributions to employees’ accounts are made with after-tax dollars, instead of pretax dollars. Therefore, employees forfeit a key 401(k) tax benefit. On the plus side, after an initial period of five years, “qualified distributions” are 100% exempt from federal income tax, just like qualified distributions from a Roth IRA. In contrast, regular 401(k) distributions are taxed at ordinary-income rates, which are currently up to 37%.

In general, qualified distributions are those:

Made after a participant reaches age 59½, or
Made due to death or disability.

Therefore, you can take qualified Roth 401(k) distributions in retirement after age 59½ and pay no tax, as opposed to the hefty tax bill that may be due from traditional 401(k) payouts. And unlike traditional 401(k)s, which currently require retirees to begin taking required minimum distributions after age 70½, Roth 401(k)s have no mandate to take withdrawals.

Not for everyone

A Roth 401(k) is more beneficial than a traditional 401(k) for some participants, but not all. For example, it may be valuable for employees who expect to be in higher federal and state tax brackets in retirement. Contact us if you have questions about adding a Roth 401(k) to your benefits lineup.

Back to industry updates

Businesses use two types of audits to gauge financial results: internal and external. Here’s a closer look at how they measure up.

Focus

Internal auditors go beyond traditional financial reporting. They focus on a company’s internal controls, accounting processes and ability to mitigate risk. Internal auditors also evaluate whether the company’s activities comply with its strategy, and they may consult on a variety of financial issues as they arise within the company.

In contrast, external auditors focus solely on the financial statements. Specifically, external auditors evaluate the statements’ accuracy and completeness, whether they comply with applicable accounting standards and practices, and whether they present a true and accurate presentation of the company’s financial performance. Accounting rules prohibit external audit firms from providing their audit clients with ancillary services that extend beyond the scope of the audit.

The audit “client”

Internal auditors are employees of the company they audit. They report to the chief audit executive and issue reports for management to use internally.

External auditors work for an independent accounting firm. The company’s shareholders or board of directors hires a third-party auditing firm to serve as its external auditor. The external audit team delivers reports directly to the company’s shareholders or audit committee, not to management.

Qualifications

Internal auditors don’t need to be certified public accountants (CPAs), although many have earned this qualification. Often, internal auditors earn a certified internal auditor (CIA) qualification, which requires them to follow standards issued by the Institute of Internal Auditors (IIA).

Conversely, the partner directing an external audit must be a CPA. Most midlevel and senior auditors earn their CPA license at some point in their career. External auditors must follow U.S. Generally Accepted Auditing Standards (GAAS), which are issued by the American Institute of Certified Public Accountants (AICPA).

Reporting format

Internal auditors issue reports throughout the year. The format may vary depending on the preferences of management or the internal audit team.

External auditors issue financial statements quarterly for most public companies and at least annually for private ones. In general, external audit reports must conform to U.S. Generally Accepted Accounting Principles (GAAP) or another basis of accounting (such as tax or cash basis reporting). If needed, external auditing procedures may be performed more frequently. For example, a lender may require a private company that fails to meet its loan covenants at year end to undergo a midyear audit by an external audit firm.

Common ground

Sometimes the work of internal and external auditors overlaps. Though internal auditors have a broader focus, both teams have the same goal: to help the company report financial data that people can count on. So, it makes sense for internal and external auditors to meet frequently to understand the other team’s focus and avoid duplication of effort. Contact us to map out an auditing strategy that fits the needs of your company.

Back to industry updates

Life presents us with many choices: paper or plastic, chocolate or vanilla, regular or decaf. For businesses, a common conundrum is buy or lease. You’ve probably faced this decision when considering office space or a location for your company’s production facilities. But the buy vs. lease quandary also comes into play with equipment.

Pride of ownership

Some business owners approach buying equipment like purchasing a car: “It’s mine; I’m committed to it and I’m going to do everything I can to familiarize myself with this asset and keep it in tip-top shape.” Yes, pride of ownership is still a thing.

If this is your philosophy, work to pass along that pride to employees. When you get staff members to buy in to the idea that this is your equipment and the success of the company depends on using and maintaining each asset properly, the business can obtain a great deal of long-term value from assets that are bought and paid for.

Of course, no “buy vs. lease” discussion is complete without mentioning taxes. The Tax Cuts and Jobs Act dramatically enhanced Section 179 expensing and first-year bonus depreciation for asset purchases. In fact, many businesses may be able to write off the full cost of most equipment in the year it’s purchased. On the downside, you’ll take a cash flow hit when buying an asset, and the tax benefits may be mitigated somewhat if you finance.

Fine things about flexibility

Many businesses lease their equipment for one simple reason: flexibility. From a cash flow perspective, you’re not laying down a major purchase amount or even a substantial down payment in most cases. And you’re not committed to an asset for an indefinite period — if you don’t like it, at least there’s an end date in sight.

Leasing also may be the better option if your company uses technologically advanced equipment that will get outdated relatively quickly. Think about the future of your business, too. If you’re planning to explore an expansion, merger or business transformation, you may be better off leasing equipment so you’ll have the flexibility to adapt it to your changing circumstances.

Last, leasing does have some tax breaks. Lease payments generally are tax deductible as “ordinary and necessary” business expenses, though annual deduction limits may apply.

Pros and cons

On a parting note, if you do lease assets this year and your company follows Generally Accepted Accounting Principles (GAAP), new accounting rules for leases take effect in 2020 for calendar-year private companies. Contact us for further information, as well as for any assistance you might need in weighing the pros and cons of buying vs. leasing business equipment.

Back to industry updates

If you read the Internal Revenue Code (and you probably don’t want to!), you may be surprised to find that most business deductions aren’t specifically listed. It doesn’t explicitly state that you can deduct office supplies and certain other expenses.

Some expenses are detailed in the tax code, but the general rule is contained in the first sentence of Section 162, which states you can write off “all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business.”

Basic definitions

In general, an expense is ordinary if it’s considered common or customary in the particular trade or business. For example, insurance premiums to protect a store would be an ordinary business expense in the retail industry.

A necessary expense is defined as one that’s helpful or appropriate. For example, let’s say a car dealership purchases an automatic defibrillator. It may not be necessary for the operation of the business, but it might be helpful and appropriate if an employee or customer suffers a heart attack.

It’s possible for an ordinary expense to be unnecessary — but, in order to be deductible, an expense must be ordinary and necessary.

In addition, a deductible amount must be reasonable in relation to the benefit expected. For example, if you’re attempting to land a $3,000 deal, a $65 lunch with a potential client should be OK with the IRS. (Keep in mind that the Tax Cuts and Jobs Act eliminated most deductions for entertainment expenses but retains the 50% deduction for business meals.)

Examples of not ordinary and unnecessary

Not surprisingly, the IRS and courts don’t always agree with taxpayers about what qualifies as ordinary and necessary expenditures.

In one case, a man engaged in a business with his brother was denied deductions for his private airplane expenses. The U.S. Tax Court noted that the taxpayer had failed to prove the expenses were ordinary and necessary to the business. In addition, only one brother used the plane and the flights were to places that the taxpayer could have driven to or flown to on a commercial airline. And, in any event, the stated expenses including depreciation expenses, weren’t adequately substantiated, the court added. (TC Memo 2018-108)

In another case, the Tax Court ruled that a business owner wasn’t entitled to deduct legal and professional fees he’d incurred in divorce proceedings defending his ex-wife’s claims to his interest in, or portion of, distributions he received from his LLC. The IRS and the court ruled the divorce legal fees were nondeductible personal expenses and weren’t ordinary and necessary. (TC Memo 2018-80)

Proceed with caution

The deductibility of some expenses is clear. But for other expenses, it can get more complicated. Generally, if an expense seems like it’s not normal in your industry — or if it could be considered fun, personal or extravagant in nature — you should proceed with caution. And keep records to substantiate the expenses you’re deducting. Consult with us for guidance.

Back to industry updates

Many employers prefer to classify workers as independent contractors to lower costs, even if it means having less control over a worker’s day-to-day activities. But the government is on the lookout for businesses that classify workers as independent contractors simply to reduce taxes or avoid their employee benefit obligations.

Why it matters

When your business classifies a worker as an employee, you generally must withhold federal income tax and the employee’s share of Social Security and Medicare taxes from his or her wages. Your business must then pay the employer’s share of these taxes, pay federal unemployment tax, file federal payroll tax returns and follow other burdensome IRS and U.S. Department of Labor rules.

You may also have to pay state and local unemployment and workers’ compensation taxes and comply with more rules. Dealing with all this can cost a bundle each year.

On the other hand, with independent contractor status, you don’t have to worry about employment tax issues. You also don’t have to provide fringe benefits like health insurance, retirement plans and paid vacations. If you pay $600 or more to an independent contractor during the year, you must file a Form 1099-MISC with the IRS and send a copy to the worker to report what you paid. That’s basically the extent of your bureaucratic responsibilities.

But if you incorrectly treat a worker as an independent contractor — and the IRS decides the worker is actually an employee — your business could be assessed unpaid payroll taxes plus interest and penalties. You also could be liable for employee benefits that should have been provided but weren’t, including penalties under federal laws.

Filing an IRS form

To find out if a worker is an employee or an independent contractor, you can file optional IRS Form SS-8, “Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding.” Then, the IRS will let you know how to classify a worker. However, be aware that the IRS has a history of classifying workers as employees rather than independent contractors.

Businesses should consult with us before filing Form SS-8 because it may alert the IRS that your business has worker classification issues — and inadvertently trigger an employment tax audit.

It can be better to simply treat independent contractors so the relationships comply with the tax rules. This generally includes not controlling how the workers perform their duties, ensuring that you’re not the workers’ only customer, providing annual Forms 1099 and, basically, not treating the workers like employees.

Workers can also ask for a determination

Workers who want an official determination of their status can also file Form SS-8. Disgruntled independent contractors may do so because they feel entitled to employee benefits and want to eliminate self-employment tax liabilities.

If a worker files Form SS-8, the IRS will send a letter to the business. It identifies the worker and includes a blank Form SS-8. The business is asked to complete and return the form to the IRS, which will render a classification decision.

Defending your position

If your business properly handles independent contractors, don’t panic if a worker files a Form SS-8. Contact us before replying to the IRS. With a proper response, you may be able to continue to classify the worker as a contractor. We also can assist you in setting up independent contractor relationships that stand up to IRS scrutiny.

Back to industry updates

Many businesses have a life cycle that, as life cycles tend to do, concludes with a period of decline and failure. Often, the demise of a company is driven by internal factors — such as weak financial oversight, lack of management consensus or one-person rule.

External factors typically contribute, as well. These may include disruptive competitors; local, national or global economic changes; or a more restrictive regulatory environment.

But just because bad things happen doesn’t mean they have to happen to your company. To prepare for the worst, identify a business turnaround strategy that you can implement if a severe decline suddenly becomes imminent.

Warning signs

When a company is drifting toward serious trouble, there are usually warning signs. Examples include:

Serious deterioration in the accuracy or usage of financial measurements,
Poor results of key performance indicators — including working capital to assets, sales and retained earnings to assets, and book value to debt,
Adverse trends, such as lower margins, market share or working capital,
Rapid increase in debt and employee turnover, and
Drastic reduction in assessed business value.

Not every predicament that arises will threaten the very existence of your business. But when missteps and misfortune build up, the only thing that may save the company is a well-planned turnaround strategy.

5 stages of a turnaround

No two turnarounds are exactly alike, but they generally occur in five basic stages:

Rapid assessment of the decline by external advisors,
Re-evaluation of management and staffing,
Emergency intervention to stabilize the business,
Operational restoration to pursue or achieve profitability, and
Full recovery and growth.

Each of these stages calls for a detailed action plan. Identify the advisors or even a dedicated turnaround consultant who can help you assess the damage and execute immediate moves. Prepare for the possibility that you’ll need to replace some managers and even lay off staff to reduce employment costs.

In the emergency intervention stage, a business does whatever is necessary to survive — including consolidating debt, closing locations and selling off assets. Next, restoring operations and pursuing profitability usually means scaling back to only those business segments that have achieved, or can achieve, decent gross margins.

Last, you’ll need to establish a baseline of profitability that equates to full recovery. From there, you can choose reasonable growth strategies that will move the company forward without leading it over another cliff.

In case of emergency

If your business is doing fine, there’s no need to create a minutely detailed turnaround plan. But, as part of your strategic planning efforts, it’s still a good idea to outline a general turnaround strategy to keep on hand in case of emergency. Our firm can help you devise either strategy. We can also assist you in generating financial statements and monitoring key performance indicators that help enable you to avoid crises altogether.

Back to industry updates

In the course of operating your business, you probably spend time and money “wining and dining” current or potential customers, vendors and employees. What can you deduct on your tax return for these expenses? The rules changed under the Tax Cuts and Jobs Act (TCJA), but you can still claim some valuable write-offs.

No more entertainment deductions

One of the biggest changes is that you can no longer deduct most business-related entertainment expenses. Beginning in 2018, the TCJA disallows deductions for entertainment expenses, including those for sports events, theater productions, golf outings and fishing trips.

Meal deductions still allowed

You can still deduct 50% of the cost of food and beverages for meals conducted with business associates. However, you need to follow three basic rules in order to prove that your expenses are business related:

The expenses must be “ordinary and necessary” in carrying on your business. This means your food and beverage costs are customary and appropriate. They shouldn’t be lavish or extravagant.
The expenses must be directly related or associated with your business. This means that you expect to receive a concrete business benefit from them. The principal purpose for the meal must be business. You can’t go out with a group of friends for the evening, discuss business with one of them for a few minutes, and then write off the check.
You must be able to substantiate the expenses. There are requirements for proving that meal and beverage expenses qualify for a deduction. You must be able to establish the amount spent, the date and place where the meals took place, the business purpose and the business relationship of the people involved.

Set up detailed recordkeeping procedures to keep track of business meal costs. That way, you can prove them and the business connection in the event of an IRS audit.

Other considerations

What if you spend money on food and beverages at an entertainment event? The IRS clarified in guidance (Notice 2018-76) that taxpayers can still deduct 50% of food and drink expenses incurred at entertainment events, but only if business was conducted during the event or shortly before or after. The food-and-drink expenses should also be “stated separately from the cost of the entertainment on one or more bills, invoices or receipts,” according to the guidance.

Another related tax law change involves meals provided to employees on the business premises. Before the TCJA, these meals provided to an employee for the convenience of the employer were 100% deductible by the employer. Beginning in 2018, meals provided for the convenience of an employer in an on-premises cafeteria or elsewhere on the business property are only 50% deductible. After 2025, these meals won’t be deductible at all.

Plan ahead

As you can see, the treatment of meal and entertainment expenses became more complicated after the TCJA. Reach out to your Roth&Co advisor with any questions on how to get the biggest tax-saving bang for your business meal bucks.

Back to industry updates

A maxim of business is that a company’s hiring and staffing policies will be what make it or break it in the long run. The right people are any company’s greatest asset. Executives and managers go to great lengths to find, hire, train, motivate and retain the best employees. The expense of a good employee is the cost of business and avoiding employee turnover is priceless.

An emerging business trend is poised to revolutionize how businesses hire and employ the right people. According to GlobalWorkplaceAnalytics.com, work-from-home, among the non-self-employed, has grown by 140% since 2005, nearly 10x faster than the rest of the workforce. In the largest year over year growth since 2008, the telecommuter population grew by 11.7%, with 4.3 million employees (3.2% of the workforce) now working from home at least half the time. Feeding or following the trend, forty percent more U.S. employers now offer flexible workplace options than they did five years ago.

Studies are showing numerous benefits to employers. A 2014 Stanford study showed that call center employees increased productivity by 13% when they worked from home. A similar study by the University of Texas found that telecommuters worked on average 5-to-7 hours longer than their in-office counterparts.

Telecommuting employees tend to be much happier than their in-office counterparts, and happy employees are more likely to stay in their position, decreasing turnover. Work quality and loyalty are positively impacted by improved work life balance. With an estimated savings between $2,000 and $7,000 a year, happier telecommuting employees are the result of less stress and more money.

Employers’ bottom lines stand to benefit as well. It is projected that companies would save approximately $11,000 annually on each employee who telecommutes. So what is the potential bottom line impact? If people with compatible work chose to work from home just half the time the savings to businesses nationally would total over $700 Billion a year.

The policy isn’t without its potential pitfalls, and companies considering it should prepare appropriately. Direct oversight needs to be replaced with clear guidelines, performance benchmarks and strong communication tools to keep telework employees connected to supervisors, team members and clients. Remote access also means security concerns have to be assessed and addressed.

Private sector companies aren’t the only ones supporting telework. The State of Tennessee has instituted a telecommuting program. Governing Magazine reports that productivity is up 80% and the state has saved $6.5 million this year alone with an expected $40-60 million in profits next year from the related sale of real estate. Folks, if it’s possible in government, it’s possible anywhere!

Back to industry updates

Recent changes to federal tax law and accounting rules could affect whether you decide to lease or buy equipment or other fixed assets. Although there’s no universal “right” choice, many businesses that formerly leased assets are now deciding to buy them.

Pros and cons of leasing

From a cash flow perspective, leasing can be more attractive than buying. And leasing does provide some tax benefits: Lease payments generally are tax deductible as “ordinary and necessary” business expenses. (Annual deduction limits may apply.)

Leasing used to be advantageous from a financial reporting standpoint. But new accounting rules that bring leases to the lessee’s balance sheet go into effect in 2020 for calendar-year private companies. So, lease obligations will show up as liabilities, similar to purchased assets that are financed with traditional bank loans.

Leasing also has some potential drawbacks. Over the long run, leasing an asset may cost you more than buying it, and leasing doesn’t provide any buildup of equity. What’s more, you’re generally locked in for the entire lease term. So, you’re obligated to keep making lease payments even if you stop using the equipment. If the lease allows you to opt out before the term expires, you may have to pay an early-termination fee.

Pros and cons of buying

Historically, the primary advantage of buying over leasing has been that you’re free to use the assets as you see fit. But an advantage that has now come to the forefront is that Section 179 expensing and first-year bonus depreciation can provide big tax savings in the first year an asset is placed in service.

These two tax breaks were dramatically enhanced by the Tax Cuts and Jobs Act (TCJA) — enough so that you may be convinced to buy assets that your business might have leased in the past. Many businesses will be able to write off the full cost of most equipment in the year it’s purchased. Any remainder is eligible for regular depreciation deductions over IRS-prescribed schedules.

The primary downside of buying fixed assets is that you’re generally required to pay the full cost upfront or in installments, although the Sec. 179 and bonus depreciation tax benefits are still available for property that’s financed. If you finance a purchase through a bank, a down payment of at least 20% of the cost is usually required. This could tie up funds and affect your credit rating. If you decide to finance fixed asset purchases, be aware that the TCJA limits interest expense deductions (for businesses with more than $25 million in average annual gross receipts) to 30% of adjusted taxable income.

Decision time

When deciding whether to lease or buy a fixed asset, there are a multitude of factors to consider, including tax implications. We can help you determine the approach that best suits your circumstances.

Back to industry updates

If you run your business from your home or perform certain functions at home that are related to your business, you might be able to claim a home office deduction against your business income on your 2018 income tax return. Thanks to a tax law change back in 2013, there are now two methods for claiming this deduction: the actual expenses method and the simplified method.

Basics of the deduction

In general, you’ll qualify for a home office deduction if part of your home is used “regularly and exclusively” as your principal place of business.

If your home isn’t your principal place of business, you may still be able to deduct home office expenses if 1) you physically meet with patients, clients or customers on your premises, or 2) you use a storage area in your home (or a separate free-standing structure, such as a garage) exclusively and regularly for your business.

Actual expenses

Traditionally, taxpayers have deducted actual expenses when they claim a home office deduction. Deductible home office expenses may include:

Direct expenses, such as the cost of painting and carpeting a room used exclusively for business,
A proportionate share of indirect expenses, such as mortgage interest, property taxes, utilities, repairs and insurance, and
A depreciation allowance.

But keeping track of actual expenses can be time consuming.

The simplified method

Fortunately, there’s a simplified method that’s been available since 2013: You can deduct $5 for each square foot of home office space, up to a maximum total of $1,500.

For example, if you’ve converted a 300-square-foot bedroom to an office you use exclusively and regularly for business, you can write off $1,500 under the simplified method (300 square feet x $5). However, if your business is located in a 600-square-foot finished basement, the deduction will still be only $1,500 because of the cap on the deduction under this method.

As you can see, the cap can make the simplified method less beneficial for larger home office spaces. But even for spaces of 300 square feet or less, taxpayers may qualify for a bigger deduction using the actual expense method. So, tracking your actual expenses can be worth the extra hassle.

Flexibility in filing

When claiming the home office deduction, you’re not locked into a particular method. For instance, you might choose the actual expense method on your 2018 return, use the simplified method when you file your 2019 return next year and then switch back to the actual expense method thereafter. The choice is yours.

Unsure whether you qualify for the home office deduction? Or wondering whether you should deduct actual expenses or use the simplified method? Contact us. We can help you determine what’s right for your specific situation.

Back to industry updates

Limited liability company (LLC) members commonly claim that their distributive shares of LLC income — after deducting compensation for services in the form of guaranteed payments — aren’t subject to self-employment (SE) tax. But the IRS has been cracking down on LLC members it claims have underreported SE income, with some success in court.

SE tax background

Self-employment income is subject to a 12.4% Social Security tax (up to the wage base) and a 2.9% Medicare tax. Generally, if you’re a member of a partnership — including an LLC taxed as a partnership — that conducts a trade or business, you’re considered self-employed.

General partners pay SE tax on all their business income from the partnership, whether it’s distributed or not. Limited partners, however, are subject to SE tax only on any guaranteed payments for services they provide to the partnership. The rationale is that limited partners, who have no management authority, are more akin to passive investors.

(Note, however, that “service partners” in service partnerships, such as law firms, medical practices, and architecture and engineering firms, generally may not claim limited partner status regardless of their level of participation.)

LLC uncertainty

Over the years, many LLC members have taken the position that they’re equivalent to limited partners and, therefore, exempt from SE tax (except on guaranteed payments for services). But there’s a big difference between limited partners and LLC members. Both enjoy limited personal liability, but, unlike limited partners, LLC members can actively participate in management without jeopardizing their liability protection.

Arguably, LLC members who are active in management or perform substantial services related to the LLC’s business are subject to SE tax, while those who more closely resemble passive investors should be treated like limited partners. The IRS issued proposed regulations to that effect in 1997, but hasn’t finalized them — although it follows them as a matter of internal policy.

Some LLC members have argued that the IRS’s failure to finalize the regulations supports the claim that their distributive shares aren’t subject to SE tax. But the IRS routinely rejects this argument and has successfully litigated its position. The courts generally have imposed SE tax on LLC members unless, like traditional limited partners, they lack management authority and don’t provide significant services to the business.

Review your situation

The law in this area remains uncertain, particularly with regard to capital-intensive businesses. But given the IRS’s aggressiveness in collecting SE taxes from LLCs, LLC members should assess whether the IRS might claim that they’ve underpaid SE taxes.

Those who wish to avoid or reduce these taxes in the future may have some options, including converting to an S corporation or limited partnership, or restructuring their ownership interests. When evaluating these strategies, there are issues to consider beyond taxes. Contact us to discuss your specific situation.

Back to industry updates

A wise man will make more options than he finds. Case in point…

In 2008 Audi hadn’t yet made its mark in the US. For all their success in other markets they couldn’t break in to the largest car market in the world where major players were well entrenched. Though their quality surpassed many of their competitors they failed to connect with the American consumer in a meaningful way.

Audi’s marketers believed their best chance was a super bowl commercial. In one minute during the most widely watched sports event of the year they could break in, convey their story and position themselves for growth. One problem – the 4.5 million dollar price tag would decimate their marketing budget.

In a forward thinking move Audi launched a social media campaign engaging customers with personal and touching content. The commercials featured real people answering the question, who do you appreciate? Viewers and followers were then asked to post their own responses to Audi’s social media pages every time a car commercial came on during the super bowl for a chance to gift that person a free Audi.

The campaign was a huge success that leveraged the power of the Super Bowl (which they couldn’t afford) disrupted industry giants (who could), and forged direct connections to their consumers through personal engagement.

Today’s businesses have tools available to help them connect with their consumers in ways Audi could only have only dreamed of. But the proliferation of web content has caused some backlash in the form of decreased engagement. Highly customizable data analytics from first party data help streamline the process and deliver personalized content directly to your prime customer base who are more likely to click back and further drive business.

The sheer volume of online competition means consumer expectations have risen as well. Companies are fostering their relationship with potential customers from the point of awareness to initial contact all the way through the funnel to conversion. Tracking the process improves efficiency and ROI.

Today’s consumer doesn’t just want your product, they want your story. They want your story to speak to them through shared values and authenticity, and they want you to pull them in. Like Audi did.

Every business will have do or die decisions to make. Moments when what has to be done seems impossible and the consequences of inaction seem to signal the end of the line. Some encounter the end of the road and accept that they have gone as far they can go. Others create more options.

Create your opportunity… with Roth&Co.

Back to industry updates

A variety of tax-related limits affecting businesses are annually indexed for inflation, and many have gone up for 2019. Here’s a look at some that may affect you and your business. (more…)

Back to industry updates

This year, the optional standard mileage rate used to calculate the deductible costs of operating an automobile for business increased by 3.5 cents, to the highest level since 2008. As a result, you might be able to claim a larger deduction for vehicle-related expense for 2019 than you can for 2018. (more…)

From Lecture Halls to Policy Calls: A Reality Check on Textbook Economics

Tax-Exempt Organizations and Private Equity: Structuring that Avoids Unrelated Business Taxable Income

UBTI in Private Equity

Private equity and UBTI risk factors

Structuring solutions

The Bottom line

The Tariff Trap: Profitable Policy or Presidential Power Play? A Pragmatic Study

Die Without a Plan and You’re Sure to Take Others Down with You

Whiplash Warning: IRS Flips the Script on ERC Filings

Tax Reform Targets Carried Interest – Private Equity Fights to Preserve Incentives

Protect Your Financial Legacy: The Benefits of an Inheritor’s Trust

Slimming Down at the IRS – What Do Fewer Agents Mean for the Delinquent Taxpayer?

Balanced Investing: Managing Expectations in All Market Conditions

IRS Issues New Rules on Classification of Digital Transactions: How Will Your Business Be Taxed?

Volatility: A Feature or a Fault?

IRS Issuing Erroneous Auto Disallowances for ERC

Cross Border Transactions: International Tax Implications and What It Means For Your Organization

CFO or No? Identifying the Financial Leadership Your Business Needs

Working Capital: Managing Cash, Profits and Growth

Webinar Recap: Year-End Charity Tips to Maximize Your Tax Benefit

Estimating Damages: Lost Profits vs. Diminished Business Value

With Trump in the Driver’s Seat, Tax Cuts Could Be On the Horizon

Riding the Waves: Lessons From a Resilient Market in 2024

Neglecting Your Financial Reporting? Could Outsourced CAS Services Come to the Rescue?

Homes or Jobs?

When Generosity Gets Hijacked: Charity Scams and How to Avoid Them

Power BI vs. Excel: Which Will Serve Your Business Best?

Power BI vs. Excel: Why Power BI Stands Out

Recapture: The Tax Implications of a Sale

Harnessing the Power of Power BI for Business Intelligence – Part 1

Conclusion: Unlock the Power of Your Data with Power BI

ERC Voluntary Disclosure 2.0: Is this the opportunity you’ve been waiting for?

Democracy’s Price Tag

Recent FTC Rule Could Affect Value of Non-Compete Agreements

Navigating Tax Complexities: Craft Partnership Agreements and LLC Operating Agreements with Precision

Politics and Portfolios: A Recipe for Confirmation Bias

Maximizing Tax Savings: The Advantages of Section 179 and Bonus Depreciation Deductions in Year One

Is Anyone Home? TAS Telephone Operations Scores an All Time Low

How Investors Look to Score Sweet Deals on Distressed Properties

Maximize the QBI Deduction Before It’s Gone

Perform an Operational Review to See How Well Your Real Estate Business Is Running

Webinar Recap | The IRS Strikes Back

Cash or Accrual – Which is best for your business?

5 Essential Qualities of Successful Leaders

Avoid succession issues with a buy-sell agreement

Normalizing Healthy Employee Turnover

Champion the Advantages of an HSA

5 Valuation Terms Every Business Owner Should Know

Deducting Home Office Expenses

Is now the time for your small business to launch a retirement plan?

Do Your Employees Receive Tips? You May Be Eligible for a Tax Credit

Wayfair Revisited — It’s Time to Review Your Sales Tax Obligations

Risk assessment: A critical part of the audit process

Small businesses: Stay clear of a severe payroll tax penalty

Accelerate depreciation deductions with a cost segregation study

Avoid excess benefit transactions and keep your exempt status

Measuring fair value for financial reporting

Management letters: Have you implemented any changes?

How to research a business customer’s creditworthiness

When it comes to asset protection, a hybrid DAPT offers the best of both worlds

2019 Q4 tax calendar: Key deadlines for businesses and other employers

Putting together the succession planning and retirement planning puzzle

The next deadline for estimated tax payments is September 16: Do you have to make a payment?

Preparing to Sell Your Business

4 tough questions to ask about your sales department

The untouchables: Getting a handle on intangibles

Should you elect S corporation status?

To make the most of social media, just “listen”

Selling a Business

Accountable plans save taxes for staffers and their nonprofit employers

FAQs about CAMs

Taking a long-term approach to certain insurance documentation

Succession Planning: Selling the Business

Run your strategic-planning meetings like they really matter

Let’s find a better way to manage your receivables

A buy-sell agreement can provide the liquidity to cover estate taxes

Business Succession Planning: Goals and Objectives

Why do companies restate financial results?

Business Succession Planning: Strategic Planning

Odd word, cool concept: Gamification for businesses