News & Tech Tips

How To Verify That a Charity is Eligible to Receive Tax-Deductible Contributions

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Donations to qualified charities are generally fully deductible, and they may be the easiest deductible expense to time to your tax advantage. After all, you control exactly when and how much you give. But before you donate, it’s critical to make sure the charity you’re considering is indeed a qualified charity — that it’s eligible to receive tax-deductible contributions.

The IRS’s recently launched online search tool, Exempt Organizations (EO) Select Check, can help you more easily find out whether an organization is eligible to receive tax-deductible charitable contributions. The previous source for this information was IRS Publication 78, which is incorporated in the new tool.

You can access EO Select Check at http://apps.irs.gov/app/eos. Information about organizations eligible to receive deductible contributions is updated monthly.

Finally, in an election year, it’s important to remember that political donations aren’t tax-deductible.

How Does the Recent Supreme Court Ruling on the Affordable Care Act Affect Your Business?

The United States Supreme Court recently upheld the constitutionality of the Affordable Care Act (reported in the July Insight). While the November elections could have an impact on whether the provisions of this law are actually implemented, here are some things your business should be doing or preparing for.

Effective this year, employers with 250 or more employees in 2011 must report the cost of health insurance coverage in box 12 of the employee’s W-2.

If you are a sole proprietor or own a business with no employees, the impact, starting in 2014, will be the same as on individuals. You must have health coverage by 2014 or pay a penalty. The top penalty for individuals, once fully phased in, is $695 or 2.5 percent of the amount of household income above the threshhold – whichever is greater.

Also starting in 2014, companies that employ an average of at least 50 full-time employees during the preceding calendar year will have to pay penalties if they don’t offer health care coverage for their full-time employees or offer minimum essential coverage that is unaffordable. Penalties amount to a maximum of $2,000 for each full-time employee in excess of 30 full-time employees who are certified to the employer as having purchased health insurance through a state exchange. There are no penalties if part-time employees are not offered coverage. In addition, these employers must file an information return that reports the terms and conditions of the health care coverage provided to the employer’s full-time employees. Information included is: 

  • Certification that the employer offers full-time employees and their dependents the opportunity to enroll in minimum essential coverage under an employer sponsored plan. 
  • The number of full-time employees for each month during the calendar year. 
  • Name, address and social security number for each full-time employee employed during the calendar year and the number of months each was covered under the plan sponsored by the employer.

Also effective in 2014, employers with more than 200 full-time employees must automatically enroll full-time employees in health insurance coverage. The employee will then have the option to opt out.

And what about tax credits?

Since 2010, businesses with fewer than 25 full-time equivalent employees have been eligible for a tax break if they covered at least half the cost of health insurance.

The companies must have fewer than 10 full-time equivalent employees and average salaries of $25,000 or less. Currently, that full credit is 35 percent of the company’s contribution toward an employee’s insurance premium.

As the size of the business and average wage amount goes up, the tax credit goes down. The credit is completely phased out when a company hits 25 full-time equivalent employees or $50,000 in average salaries.

In 2014, the state-based Small Business Health Options Program Exchanges will be open to small businesses. Getting insurance through those exchanges could bump the maximum tax credit to 50 percent of a company’s contribution. However, the credit will be available for only two years after the exchanges are implemented.

InvestOhio – What You Need to Know

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What is InvestOhio?

  • New tool from the Ohio Department of Development for helping Ohio small businesses obtain private equity capital to expand their businesses
  • $1B of new private equity investment in Ohio will generate $100M in non-refundable personal Ohio income tax credits
  • Program runs through June 30, 2013 or until all tax credits have been used
  • As of June 2012, $45M of the $100M in tax credits have been used

Who is eligible?

  • S-Corporations, Partnerships, Sole Proprietors
  • C-Corporations are not eligible
  • Businesses must be located in Ohio
  • More than 50% of your employees must work in Ohio
  • Businesses must have less than $50M in assets OR less than $10M in annual sales

How To Make a Qualifying Investment?

  • The business owner must register through the Ohio Business Gateway
  • The business owner needs to apply for the InvestOhio credit and the cash needs to be injected into the operating entity within 30 days of the application being completed
    • Applications can be completed after the cash injection has already been made as long as there are still tax credits remaining in the InvestOhio program
  • The business owner can take personal cash and invest it in their operating entity
  • The business owner can take out a personal loan (such as borrowing against their home) and invest the proceeds in their operating entity
  • The operating entity must provide evidence to the Department of Development within 30 days of completing the expenditures or within 7 months of receiving the cash investment, whichever occurs first

Eligible Expenditures

  • The operating entity is required to reinvest the infusion of cash within six months of its receipt.
  • The operating entity must reinvest the cash into the following categories:
    • Tangible Personal Property
    • Vehicles (must be primarily used for business)
    • Real Property
    • Intangibles
    • Compensation
  • The operating entity must hold the reinvestment property for a minimum holding period of two years

What Types of Expenditures Qualify?

  • Tangible Personal Property such as Equipment
  • Vehicles– must be purchased in Ohio and titled in Ohio
  • Real Property
    • Land Improvements
    • Building Improvements
  • Intangibles
    • Franchise License
    • Patent Purchase
  • Compensation
    • Hiring additional employees for newly created positions

What Types of Expenditures Do Not Qualify?

  • Goodwill resulting from acquisitions
  • New vehicle for the business owner
  • Bonuses or wage increases for the business owner
  • Reinvestments in businesses not located in Ohio

Workplace Fraud Threatens All Businesses

If you think that fraud won’t occur at your workplace, you’re probably not being realistic. Fraud can occur anywhere, and the instances and level of sophistication of fraud are a growing concern of business owners and managers.

Chrissie Powers, co-owner of P.D. Eye Forensics, advised Whalen clients and banking executives about ways to deter fraud and how to minimize exposure to it at a special workshop held by the firm on June 5. Her presentation also covered the warning signs of workplace fraud and how to respond to suspicions of fraud.

Whalen & Company recently began partnering with P.D. Eye Forensics to offer specialized forensic and valuation services to the firm’s business and individual clients. The firm has expertise in fraud detection and deterrence, business valuations, damages and lost profits, bankruptcy services, marital relations and litigation support.

“Although the economy is improving slightly, the economic downturn will continue to have its effect on fraud in the workplace,” she told workshop participants. “It’s really been a perfect storm for fraud.”

According to Powers, as businesses have reduced the number of their employees or cut hours, there is often a reduction in internal controls and fewer proactive fraud prevention measures in place. In addition, the increased financial strain on employees during the economic hardship contributes to the likelihood of fraud.

Finally, bombardments of bad financial news cause mounting feelings of helplessness, pessimism and isolation, which allows employees to rationalize previously unthinkable acts. “Given enough financial pressure, someone in your organization is going to commit fraud,” Powers warned. “The pressure of financial strain is so strong that they don’t think there are other options.”

Research shows that 66 percent of employees will steal if they see others do so without consequence; 21 percent of employees are honest and will never steal from employer, and 13 percent of employees will steal regardless.

“Business owners need to ensure that proper fraud prevention procedures are in place,” Powers emphasized. “You can’t stop it, but you can slow it down and make it harder for fraudsters.” See box for ways to deter fraud.

Small businesses often don’t have enough employees to put segregation of duties in place or have sufficient internal controls. “Just because you have an audit doesn’t mean that you’re protected,” she said. “If it is immaterial to a financial statement, an auditor is not likely to catch it. An auditor’s job is not to find fraud.”

Asset misappropriation, involving payroll fraud, fraudulent invoicing or billing, or skimming revenues, is the most frequent fraud method, accounting for about 87 percent of the incidents. About one-third of the occurrences are due to corruption, where an individual uses his or her influence to obtain a benefit or kickback.

Fraudulent statements are the least frequent, but generally result in more loss to a company.

If you believe fraud has been committed, Powers recommends not confronting the suspect initially or calling the police. “You don’t want to give the employee time to destroy evidence, and the police don’t have enough time to investigate,” she explained.

She advises business owners to contact their lawyer, accountant and insurance agent. Generally, this will lead to a competent investigator.

To review Powers’ complete fraud presentation, click here, or visit the firm’s website at www.whalencpa.com.

Partnership with P.D. Eye Forensics Benefits Clients

Whalen & Company, CPAs is partnering with P.D. Eye Forensics, LLC to offer specialized forensic and valuation services to the firm’s business and individual clients.

P.D. Eye is a Columbus-based forensic accounting firm owned by Chrissie Powers and Heather Deskins, who have more than 20 years of combined experience in the accounting field.

Their firm has expertise in fraud detection and deterrence, business valuations, damages and lost profits, bankruptcy services, marital relations and litigation support.

Both Powers and Deskins are Certified Public Accountants with specialized credentials as Certified Fraud Examiners, Certified in Financial Forensics and Certified Valuation Analysts. In addition, Deskins holds the Accredited in Business Valuation credential.

“This initiative is part of our firm’s ongoing efforts to bring additional service offerings to clients and add value to our relationship,” said Whalen Partner Richard Crabtree. “We believe this new development is good for our clients and for both firms.”