POSSIBILITIES
INSIGHTS FOR BUSINESSES & INDIVIDUALS
FEBRUARY 2016
What Is an Audit and How Does It Compare to
Other Assurance Services?
Accounting is the language of business, and
financial statements are how companies talk to
investors, lenders and other outside parties. From
family-owned businesses to large corporations,
financial reporting is necessary to communicate
results to internal and external stakeholders.
Accurate, understandable financial reporting is
important, and so is having an accountant who
can provide the services you need, from basic
financial statement preparation to a financial
statement audit.
What Is an Audit?
An audit is the highest level of assurance service
offered by a public accounting firm. The purpose
of an audit is to provide assurance (comfort)
on the accuracy of an organization’s financial
statements. In order to perform a financial
statement audit, the auditor must be independent
from the organization.
The auditor examines
evidence, on a test basis, to obtain “reasonable
assurance” about whether the amounts and
disclosures in the organization’s financial
statements are free from material misstatement.
Audits are sometimes required by third parties
such as lenders, bonding companies or regulatory
agencies. However, there are other benefits of a
financial statement audit, including:
• roviding owners or the board of directors
P
with a higher level of financial reporting
• stablishing a record of audited financial
E
results for the potential sale of the company
• Seeking outside investors
What Is a Review?
A review of financial statements includes
performing inquiry and analytical procedures in
order to express limited assurance that there are
no material modifications that should be made to
the financial statements. Similar to an audit, the
What Is an Audit — continues on page 3
this issue
2
Business Intelligence in the Digital Age:
The Intersection of the Internet of Things
and Big Data
3
Is IRS going “Pay to Play”?
4
My Digital Estate?
5
Current Developments on Domestic
Manufacturing Deduction
6
A New Holiday Tradition:
December Means Tax Legislation
7
FASB Votes to Proceed with Final
Standard on Lease Accounting
Eide Bailly Adds New Firms, New State
Reprinted with permission from the American Institute of
Certified Public Accountants
.
2 | POSSIBILITIES
Business Intelligence in the Digital Age:
The Intersection of the Internet of Things and Big Data
There is often a lot of ambiguity surrounding the concept of
the Internet of Things, but it all boils down to integration. This
emerging technology trend refers to the connection of any powered
device to the Internet, enabling interactive device-to-device and
device-to-user communication and automating tasks for optimal
efficiency and understanding; it is a catch all phrase for using
device-driven data to create something useful.
Often, the Internet of Things brings to mind very “techie”
inventions such as smart home thermostats and wearable devices,
and while these energy trackers are early growth areas for the
industry, they are just scratching the surface of possibilities. Rather,
these products demonstrate a major influencer of the Internet of
Things trend that will have an enormous impact on the business
sector—big data.
An Endless Stream of Data
You see, the Internet of Things is not evolving in isolation; it is
maturing alongside another huge market changer. Our lives are
driven by data.
In fact, big data is such a disrupting force in the
marketplace that, by 2020, it is predicted to revolutionize 80 percent
of business processes and products established in the past decade.
Every interaction in our day creates an endless stream of data
waiting to be transmitted, stored and analyzed to make our lives
better, which is essentially what the Internet of Things is enabling.
These two interconnected trends are shaping the market in
vast ways. On its own, an electronic device with no storage or
processing capacity would add little to our daily lives, but by
backing it with the curation and correlation of high volumes and
varieties of data, the outcome is utterly valuable convenience,
optimization and efficiency.
Empowering Your Decisions
At the intersection of the Internet of Things and big data is true
business intelligence. Improved customer experience, optimized
processes, elevated business forecasting and empowered decision
making are all enabled at the convergence of these trends to
create competitive advantage.
Today’s valuable streams of data
provide a literal window into your business, your customer,
your market and your industry, and the Internet of Things
integrations, both professional and personal, are endless.
That could be your car syncing with your work calendar, road
conditions, traffic live stream and nearest available parking
detectors to provide you with the ideal morning commute, or
the ability to live-track your business’s inventory shipments for
quality control, maximum agility and consumer transparency.
Change is Coming
We are in the midst of a Digital Age, and it will impact every
aspect of your business, from financials, operations and
interactions to overall business planning. At the forefront of this
impact are your systems—the platforms from which your entire
organization functions—and trending technologies leveraged
alongside optimized systems will generate unprecedented growth
opportunities for your business. Recognizing the need to manage
and make sense of your business’s data is an essential first
step in realizing this market opportunity.
It is not as simple as
cuffing a wearable on your wrist, though “wearables” for office
equipment to auto-manage supplies and self-diagnose issues is
fast becoming a reality. Industries will be disrupted, markets
will evolve and security will become more crucial than ever as
connected technologies become more prevalent in the marketplace.
If your business is ready for the cutting edge of business
intelligence, consider integrating your business with an innovative
cloud-based business plan, updating your infrastructure, network
capacity and technology solutions to facilitate ubiquitous
connectivity, and investing in high-quality, scalable data security
practices to ensure the continued protection of your valuable data.
A world of interconnectivity is upon us; is your business prepared? n
C O N TA C T
Scott Kost
Principal
701.476.8304
skost@eidebailly.com
. Businesses & Individuals | 3
What Is an Audit — continued from page 1
accountant must be independent to perform a review. However, a review does not
include obtaining an understanding of the company’s internal controls, assessing
fraud risk, examining audit evidence, or testing accounting records through
inspection, observation or outside confirmation.
A review may be necessary for a growing business requiring new financing. It
may also be useful to business owners seeking greater confidence in financial
reporting to evaluate results or make decisions.
What Is a Compilation?
A compilation includes presenting, in the form of financial statements, information
that represents management without expressing any assurance on the financial
statements. An accountant is not required to be independent to prepare compiled
financial statements, however if the accountant is not independent, that fact
must be disclosed in the compilation report.
A compilation involves reading the
financial statements to consider whether they appear appropriate in form and are
free from obvious material misstatements. While a compilation is not an assurance
service, compiled financial statements may meet the reporting requirements of
some third parties. A compiled financial statement may also help owners and
management evaluate financial results.
Basic Financial Statement Preparation
Preparation of financial statements is a service intended primarily for
management’s or owner’s use in managing a business.
This service is comparable
to what an internal controller might provide to management, and does not include
the issuance of a formal report on the financial statements. This service may
be performed along with bookkeeping or transaction processing on a monthly,
quarterly or annual basis. Financial statements are prepared in accordance with
an acceptable financial reporting framework, and on each page the accountant
includes a notice that “no assurance is provided” on the financial statements.
To view a more detailed chart of the differences between an audit, review,
compilation and financial statement preparation, visit www.eidebailly.com/
AuditExplained.
Contact your Eide Bailly professional if you need help
determining what type of service is best for your organization. n
C O N TA C T
Rachael Thomsen
National Assurance Senior Manager
775.337.3939
rthomsen@eidebailly.com
Brian Bluhm
Partner, National Assurance Office
612.253.6590
bbluhm@eidebailly.com
Is IRS Going “Pay to Play”?
Nina E. Olson, the National Taxpayer Advocate, is
concerned that the IRS may be dramatically scaling
back on telephone and face-to-face services provided
in the past to the 161 million taxpayers that may ask
the IRS for assistance in complying with their tax
obligation, according to the recent annual report she
is required to file with Congress.
Since 2014, the IRS has invested substantial resources
and several million dollars to develop a “Future
State” plan.
The Future State plan could transform
the role the IRS has long played in helping taxpayers
with tax compliance, according to Olson, who also
called for the IRS to release the Future State plan,
which they have thus far chosen not to make public.
Implicit in the plan is the reduction of telephone and
face-to-face interaction, Olson said.
Olson characterized the combination of reductions in
personal service and the IRS’ plans to direct taxpayers
with questions to preparers and other third parties,
along with expanding user fees for specialized
service, as creating a “pay to play” tax system, where
only taxpayers who can afford to pay for tax advice
will receive personal service, while others will be
struggling for themselves.
“We believe it is critical that the IRS share its plans
in detail with Congress and outside stakeholders and
then engage in a dialogue about the extent to which
it intends to curtail or eliminate various categories of
telephone service and face-to-face service, whether
it will provide sufficient support for taxpayers …
and whether it has an adequate ‘Plan B’ if taxpayer
demand … remains higher than the IRS anticipates,”
Olson said in her summary statement.
. 4 | POSSIBILITIES
My Digital Estate?
A few weeks ago, I was having a cup of morning coffee with
friends and discussing the usual sports, weather and political topics
when someone mentioned seeing a short video on what they said
was a “digital estate.” They went on to explain that it referred to
the social media accounts, computer documents and picture files
everyone seems to have these days. We, mostly of the baby boomer
generation, laughed about how only a few years ago most of the
things that might be included in a digital estate probably didn’t
exist. And, after enjoying the various jokes created by the agerelated discussions, we moved on to hash out other topics of the
day. However, later that same day, I couldn’t stop thinking about
what my digital estate might look like.
I started thinking about the various items I touched on a daily
basis that relied upon some type of electronic system to be
created or maintained.
In a short period of time, I had a sizable
list. My list included investment accounts, business agreements,
retail accounts, flash drives, email accounts, investment
documents, tax files, domain names and many more.
After making my list, my curiosity started to turn to concern;
concern that I hadn’t considered these items in any of my planning,
apparently thinking they would just be included in my other estate
assets. But I now knew I had to learn more.
Here’s a sampling of
some thoughts I had on my digital estate and what I discovered.
Who Knows How to Get In?
While I know the access codes, user names and passwords for my
digital assets, when the time comes to deal with them, the person
handling my estate won’t, unless I somehow tell them.
Such digital access information would not be suitable to include
in a will, which becomes a public document. This necessary
information needs to be recorded and then either provided to
someone of trust and confidence to hold, like your attorney, or
placed in a private locked storage area, such as a safe deposit box.
Because the password information should be changing regularly,
access for making changes is critical. Once the filing system and
location are determined, the location and means to access the
information should be made known, again only to a trusted person.
Where Do My Digital Assets and Business Meet?
Although a lot of digital assets are more socially oriented, some
others may have a connection to a business or revenue source and
could cause financial damage if mishandled.
If digital assets, like domain names, trademarks or copyrighted
materials, are owned by an individual, but used in a business,
provision needs to be made for how those digital assets will be
dealt with on death.
Are costs to maintain a business domain name
personally owned and being paid for by personal credit card? If
the executor cancels the card, it could also cancel payment for the
business domain name. This question and other similar ones need
to be thought through and a decision made concerning the current
use and structure of business-related digital assets.
What Happens to The Digital Me?
I may want some of my digital assets, primarily social media
accounts and particularly personal electronic journals, to be
destroyed upon my death, not wanting personal thoughts and
comments to be shared among family members.
This becomes a highly personal decision, but unless you provide
direction on how these things will be handled, information you
have otherwise held closely could be unknowingly shared with the
wrong people. These directions can become part of the information
the executor uses to administer your estate and can be filed in
the same location and with the same person utilized to store your
digital access codes discussed above.
Do I Have a Digital Archive Somewhere?
Computer hardware, whatever type, needs to be dealt with, even
old obsolete systems sitting in storage, because they probably hold
personal or business data.
My Digital Estate? — continues on page 8
.
Businesses & Individuals | 5
Current Developments on Domestic Manufacturing Deduction
Section 199 of the Internal Revenue Code was enacted in 2004
to provide a tax benefit to businesses engaged in domestic
production activities. Section 199 provides qualifying taxpayers
with a tax deduction equal to a specified percentage (generally
9 percent) of their income from domestic production activities.
The definition of qualifying production activities for purposes
of Section 199 is fairly wide, and the types of taxpayers taking
advantage of the Section 199 deduction is much broader than
traditional manufacturers. Taxpayers engaged in agriculture,
software development, utilities, film production, construction
and engineering businesses have all realized significant tax
benefits from this provision.
Recent Developments
Even though the Section 199 deduction has been in existence for
more than a decade, several recent developments have caused
taxpayers to reassess their Section 199 calculations. Taxpayers
have prevailed in two recent court decisions that could expand
the scope of activities qualifying as production activities for
purposes of Section 199.
Additionally, the IRS issued both
proposed and temporary regulations in August 2015 that
addressed a wide range of issues under Section 199. Some of
the new provisions in the regulations will impact all taxpayers
claiming the Section 199 deduction, while other provisions
are focused on specific industries and activities. The industryspecific provisions in these regulations are most likely to impact
taxpayers in the construction, oil and gas, and film industries.
Most Significant Change
The most significant change in the regulations impacts
taxpayers engaged in “contract manufacturing arrangements.”
Contract manufacturing arrangements are quite common in
some industries and arise where one party hires another party
to produce something on their behalf.
For example, Retailer A
pays Manufacturer B to produce private label clothing that will
be sold exclusively in Retailer A’s stores. The issue in these
situations is determining whether Retailer A or Manufacturer
B is entitled to the Section 199 deduction for the produced
clothing. The regulations propose to simplify the existing
facts and circumstances analysis for identifying the taxpayer
eligible for the deduction by always awarding the Section 199
deduction to the party physically performing the manufacturing
activities.
While this new standard would make the analysis
much more straightforward and reduce controversy between
taxpayers and the IRS, some taxpayers’ Section 199 benefit may
be significantly reduced or eliminated under the proposed rule.
Defining Non-Qualifying Production
The regulations also attempt to provide guidance in defining
activities that are not qualifying production activities. While
the definition of production activities is broad, certain
activities are specifically excluded as non-production
activities. Non-production activities include packaging,
re-packaging, labelling and minor assembly.
However, in
recent court decisions, taxpayers have successfully argued
that their activities constituted production rather than nonqualifying packaging or re-packaging activities. As a result
of these taxpayer victories, other taxpayers whose activities
are similar to packaging, repackaging and assembly may
benefit by reviewing their activities to determine if any
additional activities could be treated as production activities.
The IRS responded to the beneficial court decisions in the
regulations. The IRS included an example mirroring the facts
in one of the court decisions, but stating that the activities
constituted non-qualifying packaging and re-packaging.
The
IRS also requested comments from taxpayers on quantitative
and qualitative standards that could be used to define nonqualifying minor assembly activities. The regulations covering
these provisions are still in proposed form and will not be
effective until finalized. As a result, taxpayers still have an
opportunity to provide comments and feedback to the IRS on
these issues.
What Should You Do?
Many taxpayers set up their Section 199 calculation procedures
when Section 199 was first enacted and may not have
revisited those procedures for several years.
The newly issued
guidance provides an excellent opportunity for taxpayers
to re-assess their Section 199 calculations to determine if
any adjustments can be made to maximize their benefit.
Additionally, taxpayers with activities potentially affected
by the regulations should consider the possible impact of
these provisions on their future Section 199 deductions. n
C O N TA C T
Andrea Mouw
National Tax Senior Manager
612.253.6730
amouw@eidebailly.com
. 6 | POSSIBILITIES
A New Holiday Tradition: December Means Tax Legislation
Over the last five to 10 years, December has been the month for
meaningful tax legislation to be passed. Usually, it involves the biannual ritual of retroactively passing what has become known as the
“tax extenders.”
But this past December, the now traditional rush to pass retroactive
tax extender legislation before Congress and the president leave D.C.
for the holidays created not only legislation with the accustomed
two-year tax extensions, but tax permanency for certain business
and individual items previously on the two-year extension cycle.
Also included was legislation related to health care reform delays,
lifting of the 40-year-old oil export ban, plus extension of wind and
solar tax credits. All said, the 2015 December legislation seemed to
provide a little something for everyone.
Getting Things Done
Throughout 2015, there was talk about tax reform, but any efforts
to create such legislation could gain no traction. As the year eroded,
other things seemed to keep moving to a level of higher priority
than tax extender legislation—until December, when Congress, not
wanting to have taxpayers once again suffer through a late start to
tax filing season, decided to get something done.
However, there was another issue that would frame how the new tax
legislation would be passed: The funding of the U.S.
government
through September 30, 2016, also needed to be passed.
A Matter of Time
If changes—essentially new costs added to the budget—were to
be included in the new tax legislation, then those costs would need
to be addressed in the government funding legislation. Therefore,
the new tax legislation had to be agreed to, and passed through the
House and the Senate, before the appropriations legislation could be
completed and sent to the president for signature.
Time was running out for the appropriations legislation to be passed
before the government would be said to shut down, but not everyone
was happy with the legislation, and there were items of importance
within the Republican and Democrat parties that still needed to be
resolved. However, with the pressure of needing the appropriations
legislation passed, they found room to compromise on various
issues.
With what had to be record speed in the final drafting of both
the tax and appropriations legislation, and precise timing of the tax
and appropriations legislation as it moved rapidly through Congress,
the House and the Senate came to pass both pieces of legislation and
sent them to the president for signature.
On the afternoon of December 18, President Obama signed into law
the government funding bill called the Consolidated Appropriations
Act, 2016, and as part of that action, signed into law the Protecting
Americans from Tax Hikes Act (PATH Act).
PATH Act
The PATH Act is the legislative vehicle for passing the tax
extenders, those 50-60 various tax provisions that have lapsed,
only to be extended, many times again. However, this time,
several tax extenders gained permanent extension. There were
special provisions included in this legislation that dealt with IRS
administration reforms, family tax relief credits, tax program
integrity and accessing the Tax Court.
Items of particular interest in the PATH Act are tax extender
items for depreciation related to Section 179, enhancements to
the usability of R&D tax credits by defined small businesses,
enhancements to the child tax credit, the American Opportunity tax
credit, the Earned Income Credit, charitable donations deduction
for 70 ½ IRA distributions, the deduction for state and local sales
taxes, and the five-year extended phase-out of 50 percent bonus
depreciation.
For more information on what was in the PATH Act,
read our article “Tax Extenders and More Become Law” at
www.eidebailly.com/extenders.
Appropriations Act
While the PATH Act contained most of the tax changes, the
Consolidated Appropriations Act, 2016 also contained tax
provisions related to a five-year phase-out of wind and solar tax
credit extensions and changes for small crude oil refiners’ domestic
production activities income. There was also a two-year delay in
the implementation of the “Cadillac Health Plans” excise tax and
a one-year moratorium on the medical device tax. The Affordable
Care Act (ACA) provision that made the Cadillac excise tax nondeductible was repealed, the 40-year-old oil export ban was lifted
and the ACA Health Insurance Provider fee was given a one-year
moratorium for 2017.
For more information, see our article
“Tax Items in the Appropriations Act 2016” at www.eidebailly.com/
PATHAct.
A Quieter Year?
Don’t look for much in the way of tax legislation during 2016;
lawmaker’s thoughts will be on the November presidential election
and will not make any moves that could damage the results they will
be forecasting. But, if tradition holds true, December 2017 could
once again be the bearer of awaited tax legislation. n
C O N TA C T
Laura Hartwig
Tax Manager
208.383.4781
lhartwig@eidebailly.com
.
Businesses & Individuals | 7
FASB Votes to Proceed with Final Standard on Lease Accounting
The Financial Accounting Standards Board (FASB) voted on
November 11, 2015, to proceed with a new accounting standard
that would require companies and other organizations to include
lease obligations on their balance sheets. The final Accounting
Standards Update is expected to be published early this year.
Effective Dates
FASB decided that for public companies, the upcoming
standard will be effective for fiscal years (and interim
periods within those fiscal years) beginning after December
15, 2018. For private companies, the standard will be
effective for annual periods beginning after December 15,
2019. Early adoption will be permitted for all companies
and organizations upon issuance of the standard.
Details of the New Standard
Generally speaking, the new standard will require leases
with a term of greater than one year to be reflected on an
entity’s balance sheet, with a “right-of-use” asset and a
lease liability equal to the present value of the future lease
payments.
The right-of-use asset will be amortized over
the term of the related lease arrangement, while the lease
liability will be reduced as lease payments are made, with
a corresponding charge to interest expense similar to debt
financing. The proposed standard also significantly increases
disclosure requirements related to leasing activities.
Review Existing Agreements
In addition to the challenge of planning for the implementation
of the new standard, entities should review their existing
loan agreements to determine whether or not these changes
to their financial statements may also impact loan covenant
requirements, such as debt-to-equity and debt service
ratio calculations and limitations on new indebtedness.
For more information on the proposed changes, please contact
your Eide Bailly representative. n
C O N TA C T
Brian Bluhm
Partner, National Assurance Office
612.253.6590
bbluhm@eidebailly.com
Eide Bailly Adds New Firms, New State
We recently expanded our presence in Arizona, Colorado and
Montana, as well as added Oregon to our list of states with a
local office.
Most recently, R.
Waidler & Associates, P.C. of Boulder,
Colorado, joined Eide Bailly on Feb. 1.
Other additions in the
fall and earlier this year included Beckman and Kunkin, P.C.
of Scottsdale, Arizona, on Nov. 2; Schafer & Associates P.C.
of Billings, Montana, on Dec. 14; and Edison, Perry & Co.
of
Enterprise, Oregon, on Jan. 11. The unions raise our total office
count to 29 offices in 13 states.
All four firms expressed similar sentiments as to why they joined
Eide Bailly: more time for client service, expanded resources for
clients and improved career opportunities for staff.
“These firms help us continue our goal of expanding west of
the Mississippi River and finding opportunities to expand our
expertise to serve clients better,” said Eide Bailly Managing
Partner/CEO Dave Stende.
“We’re always interested in
adding talented firms when it means we strengthen not only
our existing practice, but also the ability for local businesses
to succeed.”
. 4310 17th Ave S
PO Box 2545
Fargo ND 58108-2545
This publication is produced and
published by Eide Bailly and
distributed with the understanding
that the information contained does
not constitute legal, accounting or
other professional advice. It is not
intended to be responsive to any
individual situation or concerns as
the contents of the publication are
intended for general informational
purposes only. Readers are urged
not to act upon the information
contained in this publication without
first consulting competent legal,
accounting or other professional
advice regarding implications
of a particular factual situation.
Questions and information for
publication can be submitted to
your Eide Bailly representative.
To request reprints of this publication,
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RequestReprints@eidebailly.com.
© 2016 Eide Bailly LLP.
To view this and previous
issues of POSSIBILITIES, visit
www.eidebailly.com/publications
Managing Editor: Liz Stabenow
Assistant Editor: Clinton Larson
Send comments to:
possibilities@eidebailly.com
An Independent Member Firm
of HLB International
My Digital Estate? — continued from page 4
Is your computer used in a business operation
that would suffer if the information on your
computer was not available to the business? Do
you have unpublished manuscripts, technical or
other proprietary information on your computer
that could have value? Do you store critical
information, personal or business, on flashdrives that no one knows about or where they
are located? How do you want your computer
hardware to be handled on your death? These are
the types questions that need to be resolved in
your digital estate planning.
Am I Talking to the Right People?
And lastly, but with high importance, am I
confident the person that will be my executor or
personal representative is knowledgeable about
digital assets?
The person that I have chosen to be my estate
executor/personal representative, in my opinion,
would not have the knowledge to understand
and deal with my digital estate. Therefore, I will
be suggesting that my executor utilize a person
that I am confident has such digital knowledge,
or that the executor employ a person with such
knowledge to assist in the administration of
www.eidebailly.com
my estate.
It is a personal decision you must
also consider.
Each state has specific laws for the
administration of an estate. Depending on
your state of residence, the information and
instructions suggested above may or may not
be binding on an executor; that is for you and
your attorney to discuss and decide upon. But,
unless you provide the information related to
your digital estate assets, regardless of legal
requirement to follow them, your executor will
not know your feelings and concerns and will not
be able to consider such in the administration of
your estate.
n
C O N TA C T
Larry Evans
NTO Resource Leader
405.858.5508
levans@eidebailly.com
.