Wednesday, September 29, 2010

Viva San Antonio

As an adopted San Antonian (or Houston refugee), I’ve come to enjoy life in the Alamo City.

The latest San Antonio Business Journal includes a supplement called All About San Antonio. The supplement contains all sorts of factual information regarding our fair city. I encourage you to pick up a copy. If you study the information, you will find a number of things that are positive. Unfortunately, there are a few items that are not that great.

Very few people outside of San Antonio realize that we are the seventh largest city in the country. In fact, we are larger than Dallas, which is eighth. Take that AT&T!

Here are some other interesting tidbits. The number of homicides has remained the same over the last three years. You would never know that by watching the six o’clock news. Theft is up 25% over the same period. So I guess you can expect to be burgled, but not shot.

The median priced home in 2008 was $151,000 in San Antonio versus $197,000 nationally. The median family income was $57,000 here and $64,000 for the nation. Our per capita personal income was $34,937 which was 189th in the country. Unemployment is just under 8%, which is well below the national average. In other words, people are working, but they are not being paid very much. So, while call center employment growth is good for the employment numbers that the mayor brags about, it really doesn’t put much money into the economy.

This trend will probably continue as long as the available quality of education is substandard. Companies with big paying jobs are not going to invest in communities that provide poor education for their families…..it is just that simple.

Of the sixteen school districts listed in the article, three districts were rated “Unacceptable” and seven districts were rated as “Acceptable”. “Acceptable” means that the district met no more than the minimum standards (good job Alamo Heights-you meet minimal standards). “Acceptable” is nothing to shout about. There were six recognized districts. Of this group, three were at the military bases. HEY, MAYBE DISCIPLINE MAKES A DIFFERENCE IN EDUCATION ………

The substandard schools were in the predominantly Hispanic neighborhoods. Hispanics have the highest drop out rate in Texas. Hispanics have the smallest percentage of kids going to college in Texas. If you are Hispanic, and you want your kids have income that is 189+th in the country, and their kids to have income that is 189th, then continue with your current attitude toward education.

In 2040, San Antonio is projected to have a population of 2.5 million people. Of these, 1.5 million will be Hispanic. That is 61% of the population. That would be 1.5 million people in our beautiful city making far below the national income median.

So my charge to my Hispanic friends is: “Get off your butt and make a difference unless you want to live in McAllen North!”

Wednesday, September 22, 2010

IFRS VS. GAAP

A potential audit client recently came to us requesting a bid for an audit prepared under International Financial Reporting Standards (IFRS). This may be a first for us, but it definitely will not be the last. IFRS is taking the American audit community by storm.

Just the other day, as I was browsing audit reports online, I came across the Georgetown Chamber of Commerce report. Interestingly enough, the report complied with IFRS, not Generally Accepted Accounting Principles (GAAP). While IFRS has not yet become a requirement, it has certainly become a viable option for many organizations. So what, exactly, is the difference between IFRS and GAAP?

INTRODUCTION TO IFRS
The globalization of business and finance has led to mass adoption of IFRS in more than 110 countries. In the next three years, it is expected that 150 countries will mandate or allow IFRS. Canada, India, and Japan plan to adopt IFRS in 2011 with Mexico following suit in 2012. IFRS has the potential to enhance the quality of reporting and decrease the costs of preparing and interpreting financial statements.

DIFFERENCES BETWEEN IFRS AND GAAP

Revenue Recognition
With respect to revenue recognition, US GAAP is much more detailed and industry-specific. IFRS mentions just two main revenue standards along with a couple of interpretations related to revenue recognition as guidance.

Expense Recognition
There are also some significant differences with expense recognition in regards to when an expense should be recognized and the amount that should be recognized. IFRS recognizes the expense of certain stock options with vesting over a period of time sooner than GAAP.

Financial Instruments
Some significant differences exist in the area of financial liabilities and equity. While an instrument may be regarded as equity under GAAP, it may be considered as debt under IFRS.

Consolidation
GAAP has several criteria for consolidation while IFRS allows consolidation based on the power exercised by the company on the financial operational policies of the other entity.

Inventory Methodology
GAAP offers companies the option of using the last in, first out (LIFO) inventory methodology whereas IFRS forbids this type of inventory costing.

The above are just a few of the major differences and possible changes when converting to IFRS. For more information on IFRS requirements and transitioning to IFRS reporting, check out pcaobus.org or contact our office.

Wednesday, September 15, 2010

Doom’s Day

Today, September 15, 2010, is the final deadline to file corporate tax returns if an extension was requested. If you haven’t gotten the work in to your local CPA or begun work on the return yourself, you’re looking to perhaps pay some penalties and interest.

If you have a balance due on a late tax return, the Internal Revenue Service will calculate further penalties and interest. Here’s what to look out for:

Failure to File Penalty

If you do not file your return by the due date, with or without an extension, you may be stuck with a failure to file penalty. The penalty is 5% of the tax not paid by the due date for each month or part of a month that the return is late. If your return is more than sixty days late, the penalty will be the lesser of $100 or 100% of the balance due. If you can show reasonable cause as to why the return was filed late, you will not have to pay.

Failure to Pay Penalty

This penalty is pretty self explanatory. Until the full balance is paid on the return, there will be a 0.05% penalty for each month the balance is not paid in full. There is no limit on the failure to pay penalty.

Interest

Generally speaking, the IRS will waive some penalties but will be VERY hesitant to waive any interest fees. Interest rates are set quarterly and are calculated based on how much tax you owe. The underpayment tax is currently 4% per year.

Prepare yourself for tax season and its deadlines. If you feel like you cannot make the deadlines, file an extension. Remember it is ALWAYS beneficial to file sooner than later.

Thursday, September 9, 2010

Key Questions to Ask Payroll Processing Companies

There comes a time in every business when you must decide how to conduct payroll. Many business owners begin by conducting their own payroll. With constant change in the laws and hefty penalties for disobeying the federal and state guidelines, most business owners decide to outsource the service to a payroll processing company. Before you decide, ask your prospective payroll provider this list of key questions to ensure they are the right fit for your company.

1. Who am I going to be working with to conduct my payroll? Outsourcing your payroll to a smaller CPA firm or payroll company usually gives you A LOT more personal time with your payroll representative. If you have a question, are you one phone call away from your person of contact or are you going to sit on hold for twenty minutes?

2. What steps does the company take to stay in compliance with the ever so often changing payroll laws? Ask what measures are taken to stay in compliance with the IRS, Social Security Administration and the Department of Labor. Find out when and how ALL federal, state, local, and unemployment taxes are paid accurately and on time.

3. How can I pay my employees? Do you offer direct deposit, check stuffing and mailing and can you possibly deliver the checks? What are the options for reporting the hours? Will it be as simple as emailing them over, a phone call or an online portal where the employees can log in their own hours?

4. What am I paying for? Ask what the services INCLUDE. Find out if new hires, quarterly, year end, and W2 report filing are an additional cost to the services provided. Most, if not all, payroll processing companies charge based on the number of employees. Make sure you find out how your rates will change when your company expands. Find out if they offer any employee benefit services associated with their services as well.

5. What is the company’s confidentiality policy? Make sure that your employees and your company are protected. Find out what the policy is and make sure you feel confident that your information will be protected.

If you’re looking to take some of the burden associated with payroll off your shoulders, outsourcing your payroll is an excellent option. To prevent future headaches, make sure you ask the prospective payroll company all the right questions to insure your company is going to get the best service possible.

Tuesday, August 31, 2010

IRS Scrutiny of Small Nonprofits

Recent activity by the federal government suggests that increased scrutiny will be placed on nonprofit entities. This increased scrutiny includes an increase in the number of audits. Many smaller nonprofits may shrug off this recent development as an issue that does not apply to their organization. The assumption, “we’re too small to be noticed”, would be wrong.

The IRS is currently beefing up their Tax Exempt and Governmental Entities (TE/GE) Division with 155 new employees. 100 of these will work in examinations. What does this mean for your organization? You have a greater chance of receiving an inquiry or being audited. The TE/GE Division expect to conduct around 500 audits of randomly selected exempt organizations.

So, rather than sitting back on your haunches and waiting to see if your entity is unlucky enough to draw the short straw, get proactive! Be audit ready. Below are a few practical measures to consider now.

Organizational documents. Articles, bylaws, determination letters, and other formal documentation will be requested during the audit. Make sure you can put your hands on these and that your organization is operating within the standards set forth in the documentation.

Minutes of meetings. Make sure the minutes reflect all actions of the organization’s governing body and of any committee having the power to bind the organization.

Payroll information. For all employees, make sure you have an employee file containing W-2s, copies of the Social Security card and driver’s license, and insurance documentation. If you have any contract labor, make sure that the contract labor classification is defensible. For descriptions on employment status, see the February 2010 issue of The PPC Nonprofit Update.

Financial records. Ensure that you have good record of all financial statements, receipts, invoices, check registers, bank statements, expense reports, and any other financial documentation that supports your books.

Nonprofits of ALL sizes should be aware of the potential for an IRS audit. Be prepared by following the above suggestions

Thursday, August 26, 2010

The IRS…………..friend or foe?

The IRS just sent out another round of collection letters. Their computer spits these letters out every 30 days. The letters come with varying degrees of venom. Generally, when you get the letter that threatens to place liens on your bank accounts and other properties, it is time for you (the taxpayer) to take some form of positive action. Don’t shred this letter.

The Internal Revenue Service is the collection branch of the United States government. The IRS does not make tax law. Your elected Congressmen make the laws. If you do not like the tax laws, the collection laws or any other law, call your Congressman.

So when you call your CPA and vent about the IRS and the unfairness of tax laws, fines, penalties, interest and collection procedures, you are complaining to the wrong person about the wrong group. Call your Congressman.

ON THE OTHER HAND, if you want to complain about the quality of service provided by the IRS, call the IRS. We need to let IRS management know that they have issues. I have been a practicing CPA for 27 years. In the “good ole days” you could take your client’s power of attorney, go to the local IRS office and work out every problem in a face to face meeting. The process was simple and effective. You can’t do that any longer.

Today virtually all issues are handled by IRS telephone call centers and correspondence. Your ability to resolve an issue often rests with the “luck of the draw”. If you get a well trained, experienced agent on the phone, you may get your issues resolved quickly. Please be aware that the call centers are staffed by the lower level, less experienced agents, so there is a very good chance that your issue will not be resolved.

In the meantime, the IRS computer is sending out collection letters every 30 days. It is not at all uncommon for an issue to be resolved or in the process of being resolver via the phone agent only to have an IRS collection letter generated via computer.

Here is an actual case on this point. We filed an amended income tax return for a client. The amended return reduced the client’s liability substantially. A week or so ago, the client received a letter stating that due to the unpaid taxes, the IRS was going to attach liens on their bank account and their home. Needless to say our client was hot. We called the IRS. Their response to our call was that amended returns take 6 to 9 months to process. They showed receipt of the amended return but we could not give a date for processing. Their solution was to put a 30 day hold on the account. Yes, a 30 day hold on an issue, that by their own admission may take as much as 9 months. So we, the taxpayer, have to call the IRS every 30 days to get them to extend the “hold” every 30 days until the issue is resolved.

I am sure that the practitioners that you use can regale with similar stories. Here is my point. The number of returns being processed by the IRS is growing at a ridiculous rate. Congress has not mandated the adequate funds to increase staff and equipment to keep up with the filing growth. The problem is only going to get worse. So don’t shoot the messenger!

Wednesday, August 25, 2010

Employee Termination 101

One reality of running a business is that occasionally an employee needs to be terminated. Whether it be performance, incompatibility, or any number of other issues, there will come a time when a business owner is faced with this challenge. Preparation is key to firing an employee and avoiding facing legal problems down the road.

Documentation, Documentation, Documentation


You can NEVER have too much documentation. What location is to real estate, documentation is to termination. Document the employee’s performance over time and provide feedback in full detail. Make sure you have an employee handbook and you follow the guidelines with each employee equally. If you document everything, there will be no questions in the end.

Is that your final answer?

You have thought long and hard about your decision to fire an employee. There will be a rush of emotion when you tell them the news. Grief and anger are a few to name BUT hold your ground. Give honest answers while avoiding any and all debatable issues. Do not apologize for your decision but offer explanations of the termination without creating a long discussion. Misleading the employee into thinking they have one last chance will only cause you more of a headache in the end.

Firing via Social Media or Text

Face-to-face is the best and ONLY way an employer should terminate an employee. Trash any and all electronic methods of termination (i.e. Facebook or text messaging). When you fire an employee, give them the courtesy you would extend to any other person and avoid any and all accusations of defamation. You might want to scribble this one down for break-up tips as well.

Firing without Warning

Firing without warning can be one of the biggest downfalls for an employer. As said earlier, documentation is key to firing and can become your biggest defense in a legal issue. Blindsiding your employee with a surprise can lead to an overwhelming amount of emotion that you do not want in your work place.

Can I get a witness?

Employment termination is a hot topic in court these days and definitely not the place you want to find yourself. ALWAYS have a witness in the room with you before you begin the termination process. Most employers would rather have an employee from HR, but any witness is better than no witness. Keep in mind that anyone can sue anyone these days and your witness’ testimony for the events of the meeting could quite possibly be your defense in court.

What’s mine is mine and what’s yours is yours.

During the termination meeting, ask that the employee hand over all company property from cell phones to passwords. Accompany the employee to their desk in order to gather necessary items. If the employee has company property outside of the workplace, make documented and solid plans for when you expect them returned. Give the employee an explanation of how long they have to gather their personnel belongings and leave the premises. Following the termination, minimize the contact the former employee has with other employees at the work site. If the former employee is upset, schedule another time for them to come in and get their personal belongings.

Confidentiality

Keep all employee records and termination paperwork private. It is appropriate to let the company know the employee has left, but make sure to reassure them that their jobs are not in danger. Keep all conversations about the employee’s termination confidential as well.

Reflect


After the termination, review and reflect over the process. Was everything documented appropriately? Were all termination policies followed according to your company’s standards? Do any alterations need to be made for a smoother transition? All of these are things you should ask yourself.

Cover each base by documenting everything and preparing an appropriate termination process that your company can follow. Be consistent and remember: Documentation, Documentation, Documentation!