A common investment disclaimer reads, “Past performance is not a guarantee of future results.” The same applies to the world of construction. Annual and interim financial statements provide valuable information about a contractor’s past performance and current financial strength, but offer little clarity when it comes to what investors and lenders can expect going forward. That is why so many users of a contractor’s financial statements spend more time analyzing the company’s work-in-progress (WIP) schedule than they do their prior year’s income statement. There is a wealth of information buried in WIP reports that can be as beneficial to the contractor as those looking to invest in or provide financing for a project. This tool has proven itself critical to those who supply credit to a contractor (be it their surety or bank), so why do so many contractors fail to use it to run their businesses?

How WIP Works and What It Means

Under generally accepted accounting principles (U.S. GAAP), except in certain limited cases, contractors must recognize revenue on long-term contracts under the percentage-of-completion method. Under this method, revenue is recognized relative to progress toward completion of a job. For example, if a contractor has incurred 50 percent of their total costs on a project, they are able to recognize an equal percentage of the contract price on that job as revenue, regardless of how much they have billed or collected. The amount billed to date, over or under revenue recognized, is either a contract asset (underbillings) or contract liability (overbillings) and is reflected as such on the company balance sheet.

If a company has a large amount of underbillings, this can be a red flag for sureties and bankers, who may interpret them as potential future losses. It should also be a warning sign for the chief financial officer, controller and project managers before these figures are ever released to outside parties. Are these an indication of poor project management, delays in the billing process, or a need to update projected total costs on a job? Perhaps there are unapproved change orders for which work has begun or there are significant material costs that are not billable until installed. Each job can have its own unique situation that creates an underbilled scenario, so it is important to evaluate each job individually. Management should be prepared to explain underbillings and their cause while also being able to determine the proper response to correct any operational deficiencies that may have contributed to them.

Overbillings are generally viewed more favorably by creditors, as they are a way to have the customer finance the completion of the project. However, there are also some concerns to be aware of when it comes to overbillings. A WIP schedule with a combination of jobs with losses and jobs with large overbillings can indicate trouble ahead. In such a case, the billings from one project are essentially being used to cover the costs of other projects. This will create a squeeze on cash flow as the overbilled projects progress, the overbilling recedes, and cash received from one job is used to finance the completion of another. Think of it as a Ponzi scheme playing out in the financial statements. That is how creditors view it.

Overly Optimistic?

Lenders and surety bonding companies also focus on projected gross profit percentages for individual jobs. Are there any that look out of place given the contractor’s previous performance? Some contractors are eternal optimists and always project a best-case scenario when it comes to performance. If a contractor’s completed job schedule reports average profit margins of 20 percent, the lenders and sureties are certain to take a close look at jobs in progress that are projecting a gross profit of 25 percent or more. Contractors should ask themselves the same question and be able to explain why current jobs will outperform historical margins. Is there something different about this job that lends credence to the elevated gross profit percentage, or should we take a closer look at the cost to complete it? “Profit fade” is a term used to describe when gross profit from a contract is less than previously anticipated. Profit fade resulting from overly optimistic projections at an interim date will erode a creditor’s confidence in a contractor’s ability to estimate their job costs accurately. This in turn will result in reduced credit and lower bonding capacity for a contractor.

Monthly Job Reviews

A WIP schedule that is kept up on a monthly basis can be a great tool for measuring job performance. Of course, like any tool, it is only as good as the information that is put into it. If actual and estimated job costs are not correct, the report will be inaccurate and misleading, and the contractor will look incompetent in front of their surety and banker. Conversely, if monitored closely, warning signs, spotted early on, can help get a job back on track and avoid continued losses. The better a contractor becomes at monitoring their jobs in this fashion, the better they will be at preventing profit fade and demonstrating themselves as a skilled, knowledgeable and financially savvy player in the construction industry. Contact a member of HBK’s Construction Solutions Group for additional resources.

Original article published in The Dirt, Magazine.

As we enter a new tax season, manufacturers should consider options that may benefit their business. While this topic has been discussed in past Manufacturing Insights articles, the cash basis method of accounting remains an important concept for many manufacturing companies to consider.

TCJA: A Recap
The Tax Cuts and Jobs Act (TCJA) that was signed into law in December 2017 introduced changes to the Internal Revenue Code (IRC) the likes of which have not been seen since the Tax Reform Act of 1986. One of the most beneficial additions to the IRC resulting from the TCJA is the opportunity for some manufacturers to switch to a cash basis method of accounting.

Pros & Cons of Cash Basis Accounting
Under prior law, businesses with inventories were typically required to use the accrual method, which generally requires income to be recognized when it is earned and expenses to be recognized when they are incurred. The major pitfall to the accrual method of accounting is that it often accelerates the recognition of income and the related tax payments. That can create a cash flow problem. Under the cash basis of accounting, income is recognized when the money is received and expenses are deducted when they are paid. Improved cash flow is just one benefit associated with cash accounting; for example, the business can accelerate tax deductions by paying expenses prior to the end of its tax year.

Who is Eligible?
The TCJA allows businesses with average annual gross receipts of less than $25 million – based on their previous three tax years – to adopt a cash accounting method and thereby potentially defer the recognition of income to future tax years. In addition, businesses under that $25 million threshold are no longer required to account for their cost of goods sold using inventories.

Instead, they can use a method of accounting that treats inventories as non-incidental materials and supplies or that mimics their financial accounting treatment of inventories. As such, the business can expense inventory as it is actually paid for, rather than being required to capitalize it – that is, not expense it. It is a very favorable change in that it will add to the business’s deduction for the cost of goods sold. Treating inventories as non-incidental materials and supplies also exempts the business from applying Section 263A, which requires certain costs ordinarily expensed to be capitalized as part of the inventory for tax purposes. Combining these opportunities could yield considerable benefits.

The TCJA expands the pool of businesses that are eligible to use the cash method of accounting. Likely, many manufacturers previously prohibited from using the cash basis method of accounting will now be eligible. Nonetheless, it is imperative to conduct a thorough analysis of your specific circumstances.

For questions or to arrange a study of the potential opportunities for your company, contact a member of the HBK Manufacturing Industry Group at 330-758-8613 or manufacturing@hbkcpa.com.

Many companies choose to pay stipends to employees as a method of compensating them for incurred business expenses. This is especially true in construction companies, where it is widely viewed as a common industry practice. While the approach of using stipends in this manner is widespread, many construction companies fail to properly plan for and/or execute them, which can result in additional taxes owed by both the company and the employee.

In the simplest terms, a stipend is a monetary advance to an employee that allows an him or her to pay for various business expenses. Depending on how the stipend is structured, it can either be taxable income to the employee, or a non-taxable reimbursement. In order to keep the stipend non-taxable, a company must implement an accountable reimbursement plan, whereby employees complete expense reports proving that all business-related expenses are being reimbursed through the payment of the stipend. If a company does not have an accountable plan, or it is not followed (e.g. expense reports are not submitted or do not provide the appropriate documentation to support the expenses claimed), then the stipend paid to the employee may be re-characterized as taxable income.

One area where companies may run into difficulties with employee reimbursement stipends is in the area use of a personal vehicle for business purposes. The easiest method to use is to base the reimbursement on the number of business miles driven multiplied by the IRS standard mileage rate, which is currently 57.5 cents per mile. If a company provides a stipend to an employee prior to the business usage of the car, the company will need to take great care in reconciling the expense report provided by the employee. If business usage is less than the stipend provided, the employee should reimburse the company for the excess funds received.

It’s clear that establishing an accountable reimbursement plan is essential for any company providing stipends to employees for business expenses. For more information, please contact Richard P. Mishock at RMishock@hbkcpa.com or reach out to your HBK advisor.

Internal theft is a persistent problem for dealers. It is estimated that dealership employees are stealing the equivalent of $9 per employee per day, so a dealership with 100 employees is suffering a theft loss of $234,000 each year.

With the impact to dealers so high, what can you do to prevent and protect yourself from fraud? Listed below are a few internal controls that if implemented could help prevent theft.

New Department
• Perform frequent unannounced physical inventory counts
• Establish strict inspection procedures
• Allow no options or equipment to be removed without an internal repair order

Used Department
• Maintain an approved list of wholesalers and do business only with those approved
• Verify dealer licenses and sales tax permits
• Review all wholesale transactions that result in a loss and retail transactions with low grosses

Parts Department
• All parts and repair orders need to be computer generated with changes crossed off and initialed by the manager. Then the ticket should be properly voided with the corrected ticket referencing the original document.
• Establish a clear policy for discounted purchases by customers and employees
• Frequently check shipments of parts in company vehicles

Service Department
• Service work should be spot checked to ensure parts charged are being used in the repair order
• During month end procedures, all WIP should be computed and inventoried and all repair orders should be listed
• Ensure no unit leaves the shop without proper payment arrangements being made

Other Items
• Department managers must sign off on payrolls approving the individual and amount
• Bank statements should be delivered to the dealer unopened and should be reviewed for unusual items and cancelled checks. It should also be reconciled by an individual with no access to cash.
• Further, special procedures should be developed to control electronic banking transactions.
• Make sure all clearing accounts are current (payroll tax withholdings, vehicle payoffs)

Fraud can have devastating effects on profits. If are not protecting yourself against fraud, you need to get there. You do not want to be the dealer who has fraud resulting in a $200,000 hit to the bottom line.

Clint Whitehair can be reached by email at CWhitehair@hbkcpa.com or by phone at 317-886-1624.To discuss ways to implement a system of Internal Controls to avoid internal fraud at your dealership or for any other inquiries, contact a member of the HBK DIG at 330-758-8613.

Dealers can’t afford to carry a lot of dead weight. You have to run lean and mean. That is particularly true when it comes to your staff. When an employee is absent or late excessively, it can have a meaningfully negative impact on operations.

Dealing with employee absenteeism raises two questions: what is excessive and how as a manager to deal with it? For example, your policy provides for 15 days off a year for parts department employees, but one of your employees has taken all 15 days within the last two months: is that excessive? A talented mechanic is habitually late, 15 or 20 minutes or sometimes a half hour, two or three times a week. Is that excessive and what do you do about it?

DEFINING ABSENTEEISM
So what is excessive? If you consult with your attorney, the likely answer is, “It depends.” There’s really no strict rule or standard as to what is considered excessive absenteeism. It is more about whether or not the absenteeism violates your policy.

There are exceptions, such as when the absenteeism is covered under the Family and Medical Leave Act (FMLA). The FMLA permits time off of up to 12 weeks for medical treatment of the employee or a dependent family member. Your policy can require an employee to use other compensated time off first, before the FMLA time begins.

ESTABLISHING POLICY
Policies for absenteeism can be flexible, and often are, as dealership employees are typically close-knit groups, even family-like, in many instances. A flexible policy might have different requirements for various dealership departments or job classifications, or might allow for more time off during times when business is typically slow.

Still, the dealer needs a set policy for absenteeism. In the past those policies have broken down time off into different categories, such as vacation time and sick leave. But over the years we have seen that such categorization often forces employees to lie, such as calling in sick when they aren’t. So we recommend policies that simply provide for a set number of days of paid absence, regardless of reason – vacation, personal, sick. You don’t need to know and your employees don’t need to lie. Clearly state that any additional time off must be approved by management as unpaid leave. Most dealers find a vacation calendar helpful, where vacations are scheduled in advance and spaced so as not to leave the dealership understaffed.

Some dealers tend to shy away from rigid rules and prefer more general policies that permit supervisors to make determinations about excessive absenteeism. But while you want to be flexible you have to be careful because flexibility often leads to inconsistency, which can spur accusations of favoritism and even wrongful termination lawsuits. It may be best to consult an employment attorney when drafting any HR policy.

ADDRESSING ABSENTEEISM
When absenteeism is a problem with an individual, it is important to have a discipline program in place. All counseling and verbal warnings should be documented. If not, it can be problematic if you have to defend yourself in court against accusations of wrongful termination. Human Resources or management should be involved in any discussions with employees on absentee issues, and an employee’s file should contain records of notices issued, counseling provided, all warnings and steps taken in an attempt to correct the behavior. Only then can the dealer be in a strong position to take action including terminating employment when warranted.

Whatever your policy, it is most important that it clearly spells out attendance and punctuality expectations as well as job requirements. If your policy is simple, straightforward and easy to understand, your employees are likely to follow it.

Rex Collins is a Principal at HBK CPAs & Consultants. He directs HBK’s Dealership Industry Group, which provides tax, accounting, transaction, and operational consulting exclusively to dealers. Rex can be reached by email at RCollins@hbkcpa.com or by phone at 317-886-1624.

In today’s world we are seeing drastic changes in how we interact with our environment. Those interactions are becoming predominantly electronic through the use of phones, computers, watches, etc. Our currency is following suit. By now, many have heard the terms “bitcoin” or “cryptocurrency” – but do they understand the concept? The news regularly reports on how this electronic currency enables us to complete transactions in ways that we have not experienced in the past. While this technology is being embraced by some, there may be unexpected tax-reporting implications that the headlines often miss. It’s imperative for taxpayers engaging in foreign banking and potentially, in cryptocurrencies, to understand basic information related to foreign reporting requirements. The Basics of Cryptocurrency What is “Bitcoin” and how does it work? Bitcoin is a type of cryptocurrency, which is a digital virtual currency housed online. It is generally held in a virtual “wallet.” These virtual wallets operate like bank accounts in which a third party holds the currency. Cryptocurrency can be purchased using traditional analog currency, such as U.S. Dollars, Euros, British Pounds, etc. Bitcoin is the most popular form of cryptocurrency, and it is used as a functional currency by many major retailers including Amazon, Sears, Home Depot, and CVS. While some use cryptocurrency to function like traditional currency, many are using it for investment purposes in a manner similar to that of stocks being traded on an exchange. Foreign Bank Account Reporting in General The U.S. Department of the Treasury and the IRS want to be informed as to where taxpayers are keeping their bank accounts and their respective balances. Two main documents that taxpayers involved in the use of foreign banking should be aware of are the U.S. Department of the Treasury Foreign Bank and Financial Accounts Report (Form 114) and the IRS Statement of Specified Foreign Financial Assets (Form 8938). These two foreign reporting forms are applicable to U.S. citizens, residents, corporations, partnerships, and even trusts, and must be filed (along with a normal federal income tax return) if the filing requirements are met. In general, Form 114 is applicable if a taxpayer is holding a bank account outside the United States and the balance in the account exceeds $10,000 USD at any point during the tax year. Form 8938 would become applicable (in addition to or separate from Form 114) if the bank account balance exceeds $50,000 ($100,000 for married filers) for the tax year. Both forms are informational to the applicable governmental agency and no taxes are paid on the balance. However, severe penalties can and will be assessed for a failure to file these required forms. Cryptocurrencies as Foreign Bank Accounts Since cryptocurrencies are electronic currencies tied to a virtual wallet, it is possible that the wallet where the cryptocurrency is held may be located in a foreign country. While there is currently no official guidance related to foreign reporting for cryptocurrencies, it is possible that a taxpayer owning cryptocurrency could have foreign reporting requirements based solely on the location of the wallet. The IRS recently notified the public that letters are being sent to taxpayers who are cryptocurrency holders, urging them to comply with U.S. tax laws related to cryptocurrencies. We will provide details about additional reporting requirements, and other potential tax implications for cryptocurrency holders, as they become available. Please contact a member of the HBK Tax Advisory Group at 239-263-2111 if you would like to discuss potential foreign reporting requirements for cryptocurrency or any foreign banking matters. Additional Resources: https://www.irs.gov/businesses/comparison-of-form-8938-and-fbar-requirements https://www.irs.gov/businesses/small-businesses-self-employed/report-of-foreign-bank-and-financial-accounts-fbar https://www.irs.gov/pub/irs-utl/irsfbarreferenceguide.pdf https://www.irs.gov/businesses/small-businesses-self-employed/virtual-currencies https://bitcoin.org/en/how-it-works

You’ve likely heard of FaceApp, maybe you have even tried it. It is unquestionably one of the most popular Apps circulating today. It quickly went viral due to the “#AgeChallenge,” where celebrities as well as ordinary folks download it to use an old-age filter generating an image of what a user might look like in a decade or more. Launched by a Russian start-up in 2017, FaceApp has come under fire lately because of fears that user data was being sent to Russian servers. There are other potential privacy concerns as well, including some claims that the App has an ability to access a user’s entire photo gallery.

Is FaceApp safe to use? Probably; though I’m not planning on using it personally, as I have zero interest in seeing what I’ll look like in 20 to 30 years. But as I was watching a TV news report on FaceApp, it reminded me of an important Cybersecurity issue that might fall under the category, “Social Media: Be Careful What You Share.”

When you use FaceApp and agree to its user terms, what are you sanctioning? For one, the App is permitted access to your photos, location information, usage history, and browsing history. During a news report, an executive representing FaceApp told CNBC that it only uploads the photo selected for editing. Further, the FaceApp rep said it does not take other images from a user’s library, and that most images accessed by FaceApp are deleted from its servers within 48 hours. Still, the user agreement allows the developer access to a user’s personal data. And, again, the developers of FaceApp and its Research and Development team are all based in Russia.

The amount and type of personal data we share, especially online, is something to consider. By way of example, the Apple X phone offers facial recognition as an alternative to using a personal identification number or password; does that suggest the Russian FaceApp programmers have developed a way to access a user’s entire online account, since they have access to their photos? Remember that passwords are giving way to other log-in options, including biometrics. Consider the pace of technological development, including artificial intelligence when making decisions about where and how you share your personal information.

While Cybersecurity experts don’t appear particularly nervous about the FaceApp itself, the scenario should give us pause and prompt us to consider the potential ramifications of sharing our personal information.

HBK can help you with your Cybersecurity issues, including protecting your data. For assistance, call 330-758-8613 or email WHeaven@hbkcpa.com. As always, we’re happy to answer your questions and discuss your concerns.

S corporation shareholders can deduct losses only to the extent of their adjusted stock and debt basis in the corporation (see Can You Deduct Your S Corp Losses?, Passive Activity Loss Rule).

A shareholder creates stock basis by contributing capital, and debt basis by lending money to the S corporation, both of which are considered “actual economic outlays” by the shareholder. As described in a recent court case (Meruelo v. Comm., 123 AFTR 2d. 2019), to claim a loss from the activity the shareholder must have been “left poorer in a material sense after the transaction.”

Meruelo
In Meruelo, the S corporation suffered a nearly $27 million loss after banks foreclosed on its condominium complex. The taxpayer claimed he had sufficient basis to claim his $13 million share of the loss. His basis comprised of $5 million of capital contributions and more than $9 million of debt basis for transfers from other businesses in which he was an owner. The IRS ruled, and the Tax and Appellate Courts confirmed, that the taxpayer was entitled to claim a $5 million loss, but denied the deduction for any loss claimed on the debt as it was not directly from the shareholder.

The Problem with Debt Basis
It’s clear that a loan from a shareholder to their S corporation creates debt basis. Debt basis is also established when the shareholder borrows funds that it then loans directly to the S corporation, commonly referred to as a “back-to-back loan.” However, the IRS and courts have consistently ruled that anything outside a direct loan from the shareholder to the S corporation does not create debt basis.

In Meruelo, the taxpayer’s CPA was aware of this rule and drafted a promissory note from the S corporation to the taxpayer for a $10 million unsecured line of credit with a 6 percent interest rate. The CPA also reported the taxpayer’s share of related entity debt as shareholder loans on the S corporation’s tax return. The Court rejected the taxpayer’s argument that the arrangement was in effect a back-to-back loan, because there was no evidence that the funds had been lent to the taxpayer and then back to the S corporation. It explained that a shareholder could create debt basis by borrowing from an affiliated company and then lending the funds to an S corporation. But it also held that taxpayers are bound by the form of the transaction they initially choose; the funds advanced as intercompany loans cannot later be reclassified as shareholder loans to create basis.

What Should Shareholders Do?
The fact pattern in Meruelo is one we often encounter, a taxpayer with ownership in multiple entities using earnings from one or more to fund the losses of another. The case highlights the potential tax pitfalls of using this arrangement without proper planning. Shareholders should avoid using intercompany transfers to fund operations where basis limitations could become an issue. Instead, they should consider taking distributions or loans from their related businesses and either contributing or loaning the funds to the entity in need of cash. Done properly, this will create basis.

For questions on this or related tax matters, please contact Ben DiGirolamo at BDiGirolamo@hbkcpa.com.

In articles and presentations on Cybersecurity, it’s not uncommon to come across the term “Cyber Hygiene.” By default, it makes me think of human hygiene. At a detail or task level, there really isn’t much of a comparison. But think about the topic more broadly: If we take care of ourselves physically, we are likely to enjoy better health. Similarly, if you take good care of your IT systems, they will be apt to perform better – and you will be less likely to fall victim to a Cybersecurity breach.

What can you do to improve your cyber hygiene? Exercising these action items will get you off to a great start:
• Make sure that you have an up to date inventory of your IT assets (i.e. hardware, software and data).
• Regularly patch and update your IT assets.
• Regularly backup your data; test your backup process to ensure it is working as intended.
• Limit the number of user accounts that have administrator privileges on your IT systems.
• Implement an antivirus solution and make sure you receive regularly updated virus definitions.
• Use a firewall to protect your system.

Cybersecurity experts often talk about situations of vulnerability where a fix, that is, a patch, has been released. But most companies don’t regularly apply the necessary updates or patches, or mitigate their vulnerabilities in any other way. Hackers have been known to exploit vulnerabilities, especially those where security measures aren’t taken or are more than a decade old. When I speak to clients or conferences about Cybersecurity, I point out that hackers are a lazy bunch. They attack the weak, not the strong. Improving your Cyber Hygiene will help you avoid becoming such a target.

HBK can help you with Cyber Hygiene. Call me at 330-758-8613 or email me at WHeaven@hbkcpa.com with your questions and concerns.

Tax Day is nearly upon us. And as April 15 approaches, many of us may be multi-tasking even more than normal as we prepare our final tax forms and file returns. Unfortunately, this creates a unique opportunity for cyber criminals to try to entice electronic preparers and filers to click on links that look like urgent emails pertaining to income taxes … but are really scams and/or attempts at phishing.

So, be on the lookout for any seemingly urgent emails claiming problems with your tax return, “corrected” tax documents from financial institutions requiring immediate downloads or similar scam email messages.

To lessen the likelihood of falling victim to cyber crime, keep the following points in mind when scanning your email inbox this tax season:

• The IRS and other legitimate financial institutions DO NOT send or request important information via email or phone calls.
• Sending tax or other financial information via regular email is NOT considered secure. NOTE: E-file is not email and is thought to be safer than traditional/postal mail.
• Safeguard your tax and associated financial information by following guidelines specified by the IRS and your CPA.

Action Items

1. Go directly to the website of the sending entity or call an authorized phone number listed for them to verify the institution’s legitimacy rather than clicking on an email link. These are the safest ways confirm a valid tax-related email requests.
2. Use a secure (encrypted) portal or message system provided by the sending entity.
3. If you must send sensitive information via email, be sure to encrypt it. You should provide your public encryption key to the recipient in a SEPARATE message.
4. Limit the amount of sensitive information you share via email or phone.
5. Destroy (SHRED) excess or outdated copies of your tax information. Contact your CPA before doing so, to ensure that you don’t prematurely dispose of necessary tax forms.

HBK can assist you with these or cybersecurity topics or questions. Please contact Bill Heaven at 330-758-8613 or WHeaven@hbkcpa.com.