Chris Curtain
MAY 29, 2021
“I have worked with Bart Basi on transactions for over ten years and I wanted to share his latest article. Disasters come in many ways. If you or your partner dies, gets divorced or becomes disabled; A proper Buy-Sell-Operating Agreement referencing a business appraisal is a must.” Chris Curtin. The post Disaster Planning Made Easy appeared first on Business Appraisal FL | GA.
ThomsonReuters
MAY 13, 2021
IRS Notice 2021-26 (May 10, 2021). Available at [link]. The IRS has provided guidance regarding the federal tax treatment of DCAP benefits that continue to be available in taxable years ending in 2021 or 2022 because of an extended claims period or carryover offered pursuant to the COVID-19 relief provisions of the Consolidated Appropriations Act, 2021 (CAA, 2021) (see our Checkpoint article ).
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Musings on Markets
MAY 24, 2021
As we approach the mid point of 2021, financial markets, for the most part, have had a good year so far. Looking at US equities, the S&P 500 is up about 11% and the NASDAQ about 5%, from start of the year levels, and the underperformance of the latter has led to a wave of stories about whether this is start of the long awaited comeback of value stocks, after a decade of lagging growth stocks.
Merrimack Business Appraisers
MAY 20, 2021
Did you know that an appraiser must promote and preserve the public trust inherent in appraisal practice by observing the highest standards of professional ethics? We at Merrimack Business Appraisers pride ourselves on being unfailingly objective. The Appraisal Foundation, a private, non-profit educational organization, ensures that an appraiser must perform assignments with impartiality, objectivity, and […].
Speaker: Susan Spencer, Principal of Spencer Communications
Intent signal data can go a long way toward shortening sales cycles and closing more deals. The challenge is deciding which is the best type of intent data to help your company meet its sales and marketing goals. In this webinar, Susan Spencer, fractional CMO and principal of Spencer Communications, will unpack the differences between contact-level and company-level intent signals.
GCF Value
MAY 20, 2021
Earlier this month, our team celebrated National Small Business Week. This past year has been a turbulent time for business owners and the SBA lending community, and we are proud to be part of a resilient community. Usually, National Small Business Week is hosted by the Small Business Association (SBA), and this event takes place the first week of May.
Cooley M&A
MAY 4, 2021
Partner and M&A co-chair Jamie Leigh spoke at Penn Law’s ILE Spring Corporate Roundtable on May 7, 2021. Joined by six esteemed panelists, they discussed Tech and M&A: New Developments, New Challenges. This event was by invitation only. For more information, please email Sean Hayes. Jamie Leigh.
Business Valuation Zone brings together the best content for business valuation professionals from the widest variety of industry thought leaders.
ThomsonReuters
MAY 24, 2021
Amidst the backdrop of the pandemic, there’s never been a more important time to highlight Mental Health Month. It’s been a devastating year and while signs point toward a return to normal, the impact of our mental health on our personal and professional lives remains top of mind. From a small CPA firm perspective, the intensity of the workload during this extended tax season is like nothing we’ve seen before, compounding already heightened stress levels.
Quantive
MAY 13, 2021
In the context of operational restructuring, reorganization, and globalization, mergers, and acquisitions […]
Appraisal Rights
MAY 24, 2021
. Global X , an ETF provider, provided this thorough but succinct survey highlighting the progress toward cannabis legalization in U.S. states. ; this is part 1 of a 3-part series, so more to come. As we’ve noted before, cannabis valuation issues are intertwined with regulatory and legalization issues, an interesting, but not necessarily unique aspect of the space.
The Mentor Group
MAY 1, 2021
Careful consideration should be given to potentially significant tax liability with respect to stock issued to founders, employees and contractors (in lieu of other compensation). Often, startups and emerging businesses issue restricted common shares that provide for time-based vesting. The obvious reason is to retain and reward early employees to drive the growth in revenues (and profits).
Speaker: Wayne Spivak - President and Chief Financial Officer of SBA * Consulting LTD, Industry Writer, and Public Speaker
The old adages that "cash is king" and "you can’t spend profits" still hold true today. But however well-known these sayings might be, it requires a change in mindset to properly implement a cash flow management system that predicts your business's runaway as accurately as possible. Key to this new mindset is understanding the difference between the Statement of Cash Flows, a historical look at the source and uses of cash, and the Cash Flow Statement, which uses transaction history and forward-l
Cooley M&A
MAY 21, 2021
Chancellor McCormick’s opinion in Snow Phipps Group, LLC, et al. v. KCake Acquisition, Inc., et al. (Del. Ch. April 30, 2021) is 125 pages long, but she helpfully digests the holding in a single sentence on page 3: “ Chalking up a victory for deal certainty , this post-trial decision resolves all issues in favor of seller and orders the buyers to close on the purchase agreement.
Deal Law Wire
MAY 28, 2021
Investor advice platforms, at both the retail and institutional level, have evolved in recent years – from the use of classic literature to expanded services offered by brick-and-mortar firms. However, with the growth of app-induced innovation, various robo-advising platforms have taken the lead in providing investors with seamless, efficient, and cost-effective means of advice.
ThomsonReuters
MAY 19, 2021
Historically, accounting for lease modifications is an area you may have found an infrequent need to address. The COVID-19 pandemic has upset that general rule, with lease concessions and terminations becoming all too common to afford relief to lessees under difficult economic conditions and disruptions. These adverse circumstances have served to place a spotlight on the necessity for entities to have processes and systems in place to account for lease modifications properly.
Quantive
MAY 20, 2021
The single greatest reason most owners fail to exit successfully is that […]
Speaker: Joe Apfelbaum, CEO of Ajax Union
In this webinar, Joe Apfelbaum, CEO of Ajax Union and business strategist, will take you through the ABCs of intent data. You'll learn how to effectively use it to drive business results, with practical tips on how to leverage both company and contact intent data to maximize your marketing efforts. Whether you're a seasoned marketer or just getting started, this webinar is a must-attend for anyone looking to stay ahead in the ever-evolving world of digital marketing.
Appraisal Rights
MAY 17, 2021
This recent piece from Forbes provides an interesting look into how Michael Dell scored a huge windfall by opportunistically taking Dell private while the stock was undervalued. Although the Delaware trial court had acknowledged a valuation much higher than the take-private price, the Supreme Court reversed mainly on policy grounds, on the rationale that public M&A transactions deserved heavy deference to deal price.
Musings on Markets
MAY 11, 2021
In my last post, I looked at the Biden Administration's proposal to increase corporate taxes, to provide funding for an infrastructure bill, and concluded that while there is room for raising corporate taxes, it would be more efficient and fairer to do so by reducing the tax credits and deductions in the code, than by raising the tax rate. In the weeks since, the administration has come up with its follow-up proposal, this one funded by increases in individual taxes, primarily on the wealthy.
Cooley M&A
MAY 5, 2021
Caitlin Gibson has been named to Law360’s 2021 M&A Editorial Advisory Board, which provides feedback on Law360’s coverage and expert insight on how best to shape future coverage. Read the Law360 article here (Subscription required). Contributors. Caitlin Gibson.
ThomsonReuters
MAY 3, 2021
Accountants can bring endless value and experience to young entrepreneurs or those branching off to start their own business. Why should an accounting firm seek out these opportunities out, and how can they best work aside these individuals for mutual success? In this episode of Pulse of Practice “The Philip Brabbs Interview”, Paul Miller, Owner of Business by Design , and I are joined by Philip Brabbs, Managing Director, Center for Value Chain Innovation for Ross School of Business at Universit
ThomsonReuters
MAY 19, 2021
Over the past year, virtual communication practices have accelerated and changed our normal pattern of behavior with our clients. Are we going to text, email, call, or even comb our hair and do a Zoom meeting? In this episode of Pulse of the Practice “ Communication Standards ”, Paul Miller, Owner of Business by Design , and I discuss the pandemic’s impact on our client communication practices, what we’ve learned, and what we can apply as standards going forward.
ThomsonReuters
MAY 13, 2021
Rev. Proc. 2021-25 (May 10, 2021). Available at [link]. The IRS has released the 2022 cost-of-living adjusted limits for health savings accounts (HSAs), high-deductible health plans (HDHPs), and excepted benefit health reimbursement arrangements (EBHRAs). Here are the details: HSA Contribution Limits. The 2022 annual HSA contribution limit is $3,650 for individuals with self-only HDHP coverage (up from $3,600 in 2021), and $7,300 for individuals with family HDHP coverage (up from $7,200 in 202
ThomsonReuters
MAY 6, 2021
QUESTION: We’ve heard that the surprise medical billing requirements will impact how our company’s group health plan covers emergency services. But do the surprise medical billing requirements apply to any non-emergency services? ANSWER: A number of new patient protection mandates and disclosure requirements were included in legislation passed in December 2020, including surprise medical billing requirements for out-of-network emergency and non-emergency services.
ThomsonReuters
MAY 13, 2021
Independent Contractor Status Under the Fair Labor Standards Act, 29 CFR Parts 780, 788, and 795, 86 Fed. Reg. 24303 (May 6, 2021). Withdrawal. News Release. The DOL has withdrawn regulations on determining whether a worker is an independent contractor for purposes of the Fair Labor Standards Act (FLSA), referred to as the “independent contractor rule.
ThomsonReuters
MAY 13, 2021
QUESTION: An employee who participates in our DCAP has told us that the person who provides day care for his children won’t give him a taxpayer identification number (TIN). Can we reimburse his claim for expenses even though he does not have a TIN from the care provider? ANSWER: Generally yes, if the expenses otherwise qualify for reimbursement. To support your treatment of the reimbursement as nontaxable, however, you should consider requiring a statement from the employee as evidence of his
ThomsonReuters
MAY 20, 2021
IRS Notice 2021-31 (May 18, 2021). Available at [link]. The IRS has issued 86 Q&As on the COBRA premium assistance provisions of the American Rescue Plan Act of 2021 (ARPA). Under ARPA, a 100% COBRA premium subsidy and additional COBRA enrollment rights are available to certain assistance eligible individuals (AEIs) during the period beginning on April 1, 2021, and ending on September 30, 2021 (see our Checkpoint article ).
ThomsonReuters
MAY 6, 2021
It’s been well reported in cryptocurrency circles that Damon Rowe, Executive Director at the IRS Office of Fraud Enforcement, unveiled “Operation Hidden Treasure” at a recent Federal Bar Association virtual tax conference. The long-time veteran of the IRS Criminal Investigation division explained that the office has put together a dedicated team of IRS criminal investigation professionals to work on this operation.
ThomsonReuters
MAY 27, 2021
IRS Webpage: Operational Compliance List (Apr. 27, 2021). Available at [link]. The IRS has updated its Operational Compliance (OC) list highlighting changes in tax-qualification requirements and related guidance affecting the operation of retirement plans. The IRS provides the OC list to help individually designed plans maintain operational compliance by identifying changes in requirements generally effective during a calendar year.
ThomsonReuters
MAY 27, 2021
Tyll v. Stanley Black and Decker Life Ins. Program, 2021 WL 1748474 (2d Cir. 2021). In a dispute about life insurance benefits under an employer-sponsored ERISA plan, the Second Circuit has upheld a trial court’s use of the deferential arbitrary and capricious standard of review, ruling that the plan adequately delegated discretionary authority to the plan’s insurer.
ThomsonReuters
MAY 27, 2021
QUESTION: We have heard that there are revised requirements for agreements with plan service providers. As an employer that sponsors an ERISA group health plan, what should we know about the changes? ANSWER: ERISA’s prohibited transaction exemption for plan service arrangements has been amended to add extensive disclosure requirements that apply to certain types of arrangements beginning in December 2021.
ThomsonReuters
MAY 24, 2021
Tax season 2020 is officially in the history books and there’s no doubt you and your staff have been thinking a bit more about what to do now that it’s over. Despite the end being upon us, there’s still plenty to keep your firm busy in the following months. Below are several steps to help you take a look behind the curtain and improve your firm from the inside out.
ThomsonReuters
MAY 20, 2021
QUESTION: We are redesigning our 401(k) plan to use the Code § 401(k)(13) nondiscrimination safe harbor for plans that make automatic deferrals. That safe harbor will also require our company to make nonelective or matching contributions. How do we decide which type of employer contribution to make? ANSWER: The Code § 401(k)(13) safe harbor for qualified automatic contribution arrangements (QACAs) allows plans to satisfy the actual deferral percentage (ADP) test by requiring automatic deferral
ThomsonReuters
MAY 20, 2021
Howard Jarvis Taxpayers Ass’n v. Cal. Secure Choice Ret. Sav. Program, 2021 WL 1805758 (9th Cir. 2021). Available at [link]. A federal appeals court has affirmed that the CalSavers Retirement Savings Program, a state-run IRA savings program for employees without access to employer-provided retirement benefits, is not preempted by ERISA. CalSavers generally requires eligible non-governmental employers with five or more California employees to automatically enroll their California employees and r
ThomsonReuters
MAY 20, 2021
NIST: Pre-Draft Call for Comments: Implementing the HIPAA Security Rule (Apr. 29, 2021). Available at [link]. The National Institute of Standards and Technology (NIST) has issued a call for public comments in conjunction with its plan to update “ An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule ” (Resource Guide).
ThomsonReuters
MAY 6, 2021
Discounted cash flow approaches are a helpful tool used in US GAAP accounting for valuation and impairment assessments. A discounted cash flow approach involves projecting a stream of cash flows for an item and then applying a discount rate to those cash flows to calculate a single value or a range of values for that item. A discounted cash flow approach is a type of “income approach” or “present value technique,” two terms used frequently in the FASB Accounting Standards Codification®.
ThomsonReuters
MAY 6, 2021
Harmon v. Shell, 2021 WL 1232694 (S.D. Tex. 2021). A federal trial court has dismissed breach of fiduciary duty and related claims against a 401(k) plan recordkeeper that allegedly shared participant data with its affiliates for marketing purposes. The class action lawsuit asserted that the recordkeeper shared a wide range of information—including contact information, Social Security numbers, account balances, contribution and investment history, age, and marital status—with its affiliates so th
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