Valuing ESOPs

Employee stock ownership plans (ESOPs) provide tax-saving opportunities for business owners who want to cash out and transfer ownership to employees without immediately giving up control of the business. However, valuing stock held by an ESOP is an ongoing challenge for the fiduciaries who administer them, especially when the sponsoring company is privately held. Valuation requirement An ESOP is a type of qualified retirement plan that invests primarily in the sponsoring company’s stock. There are about 6,500 ESOPs and equivalent plans in the United States today, employing roughly 14 million U.S. employees, according to the National Center for Employee Ownership. ESOPs are subject to the same IRS and U.S. Department of Labor (DOL) rules as other qualified retirement plans, including minimum coverage requirements and contribution limits. The fair...

Do You Have to Pay Tax on Social Security Benefits?

Some people who begin claiming Social Security benefits are surprised to find out they’re taxed by the federal government on the amounts they receive. If you’re wondering whether you’ll be taxed on your Social Security benefits, the answer is: It depends. The taxation of Social Security benefits depends on your other income. If your income is high enough, between 50% and 85% of your benefits could be taxed. (This doesn’t mean you pay 85% of your benefits back to the federal government in taxes. It merely means that you’d include 85% of them in your income subject to your regular tax rates.) Figuring your income To determine how much of your benefits are taxed, first determine your other income, including certain items otherwise excluded for tax purposes (for...

Applying the Research Credit Against Payroll Taxes

Here’s an interesting option if your small company or start-up business is planning to claim the research tax credit. Subject to limits, you can elect to apply all or some of any research tax credits that you earn against your payroll taxes instead of your income tax. This payroll tax election may influence some businesses to undertake or increase their research activities. On the other hand, if you’re engaged in or are planning to engage in research activities without regard to tax consequences, be aware that some tax relief could be in your future. Here are some answers to questions about the option. Why is the election important? Many new businesses, even if they have some cash flow, or even net positive cash flow and/or a book profit,...

Protecting your Business from Organized Crime

During the early stages of the COVID-19 pandemic, many cash-short small businesses turned to their banks, while others sought help from family and friends. Unfortunately, these sources weren’t enough in all cases. When government aid arrived, it was too late for some companies. For others, government loans and grants helped but didn’t fill the cash shortfall. The resulting crunch provided an opening for organized crime enterprises to infiltrate the corporate world. Of course, organized crime has always represented a threat to legitimate businesses. But the increasing number of fraud schemes perpetrated by criminal gangs means you should examine your company’s transactions more closely. Common schemes Organized crime has several ways of inserting itself into your business. Look out for the following common scenarios: Extortionate loans. When faced with a...

Tesla Model Y 4680 Structural Battery Pack Analysis

As posted to the Munro Live YouTube Channel on 7/5/2022 (Run Time 17 min, 23 sec) The team at Munro & Associates just dropped the structural battery pack (with 4680 cells) out of their brand-new Texas-made Tesla Model Y.  What they found is something that they've never seen . . . ever.  The seats, console, carpet, etc. are mounted to the structural battery pack which can be removed in one assembly from the bottom of the car.  Just the improvement to the ease of putting together the inside of the car on the assembly line when you're coming up from below because there is no floor is phenomenal.  But there's more. (This is Blog Post #1231) Sandy Munro is an automotive engineer who specializes in machine tools and manufacturing....

Legal Protections Franchise Dealers Have Against Direct Manufacturere Sales

As posted to CBT News on 6/14/22                 (Click Image to View Clip - Run Time: 18 min, 46 sec) Automakers have been making some unprecedented moves with regards to electric vehicles . . . so much so that many franchise dealers are becoming concerned about the future of their businesses. In this clip, automotive attorney Len Bellavia sits down virtually with Jim Fitzpatrick on CBT News' "Inside Automotive" to discuss recent factory announcements as well as his perspective on the future of the franchised dealer network model. With OEMs implying that it is their wish to implement a direct-to-consumer sales model in some form or another, Bellavia states that franchise dealers are wondering if action needs to be taken. From his perspective, the broad dealer consensus seems to be...

Ways Your Can Stop Tracking Links

As posted to the Naomi Brockwell YouTube Channel on 5/21/22 (Run Time: 9 min, 17 sec) In this informative video, Naomi Brockwell provides a primer on how tracking links work, and offers suggestions for identifying/bypassing them, and using a browser that does the best job at circumventing them. The author's outline of the clip on YouTube is as follows: Tracking links are a way for sites to track you across the web. They usually look like super long strings of random numbers attached to the end of normal URLs, and companies use them to build up dossiers on people based on their browsing habits. And they can reveal VERY sensitive information about you! What is Naomi's recommendation for an optimal privacy preserving browser?  Brave. (This is Blog Post #1229) Naomi Brockwell is...

IRS Releases Updated Cost Segregation Audit Techniques Guide

On 6/1/22, the IRS made available an update to the "Cost Segregation Audit Techniques Guide" (Publication 5653).  Originally issued in 2004, the purpose of the Audit Techniques Guide (ATG) was to offer guidance to IRS auditors auditing cost segregation studies.  Because the ATG is an interpretation of the law, as opposed to the law itself, it cannot be cited as precedent.  It does however provide an inside look at how the IRS views this subject. The IRS maintains a library of Audit Techniques Guides (ATGs) intended to help IRS examiners during audits by providing insight into issues and accounting methods unique to specific industries. While ATGs are designed to provide guidance for IRS employees, they’re also useful to small business owners and tax professionals who prepare...

Is it a Good Time for a Roth Conversion?

The downturn in the stock market may have caused the value of your retirement account to decrease. But if you have a traditional IRA, this decline may provide a valuable opportunity: It may allow you to convert your traditional IRA to a Roth IRA at a lower tax cost. Traditional vs. Roth Here’s what makes a traditional IRA different from a Roth IRA: Traditional IRA. Contributions to a traditional IRA may be deductible, depending on your modified adjusted gross income (MAGI) and whether you (or your spouse) participate in a qualified retirement plan, such as a 401(k). Funds in the account can grow tax deferred. On the downside, you generally must pay income tax on withdrawals. In addition, you’ll face a penalty if you withdraw funds before age 59½ —...

Valuing Synergies

In mergers and acquisitions (M&As), there are some buyers who are willing to pay a premium above the fair market value of the business on a controlling basis. This premium typically is the result of cost-saving or revenue-building synergies that a specific buyer can potentially gain by acquiring the seller’s business. When selling a business, it makes sense to find a buyer who’s willing to pay the highest possible price. Here’s some guidance to help identify synergistic buyers and establish a reasonable asking price. What is synergistic value? According to the International Valuation Glossary — Business Valuation, synergistic value is “the result of a combination of two or more assets or interests where the combined value is more than the sum of the separate values.” This often results...