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Sensiba San Filippo LLP www.ssfllp.com | 1
Sensiba San Filippo LLP www.ssfllp.com | 2
Significant Accounting Standards Updates
Sensiba San Filippo LLP www.ssfllp.com | 3
Why so much change?
• Rate of recent changes:
– 18 standard updates in 2014
– 17 standard updates in 2015
– 13 standard updates so far in 2016
• Convergence with international standards (IFRS)
• Implementation of the Private Company Council (PCC)
• Two largest sweeping changes in decades:
– Revenue
– Leases
Sensiba San Filippo LLP www.ssfllp.com | 4
Revenue Recognition – What’s going on?
• The converged revenue recognition standards (ASU 2014-09), which the FASB and
IASB issued in May 2014 will supersede almost all revenue recognition guidance in
US GAAP and IFRS. Since the original issuance of the proposed convergence,
there have been hundreds of various amendments and proposed changes or
clarifications.
• The Boards intent is to jointly develop revenue standards that will remove
inconsistencies and weaknesses in current literature, provide a more robust
framework, improve comparability and reduce complexity of the guidance
• Overall, intent is to simplify the preparation of financial statements by reducing the
number of requirements to which an entity must refer
• Currently revenue recognition standards follow hundreds of transaction and industry
specific guidance under US GAAP literature on revenue recognition.
Sensiba San Filippo LLP www.ssfllp.com | 5
Revenue Recognition – Currently
• Core principal of current revenue recognition follow the general rule that revenue
is reported at the point of sale and the following 4 criteria have been met:
– Persuasive evidence of an arrangement exists
– Delivery has occurred or services have been rendered
– Seller’s price is fixed or determinable
– Collectability is reasonably assured
• Additionally, risks and reward of ownership have transferred and title has
transferred
Sensiba San Filippo LLP www.ssfllp.com | 6
Revenue Recognition – Currently
• Persuasive evidence of an arrangement exists:
• Arrangement: a final understanding between parties as to the specific nature
and terms of an agreed upon transaction
• Typically met through a corporations standard business practices (executed
contract, PO, etc.)
• Side agreements could include cancellation, termination or other provisions that
affect revenue recognition
Sensiba San Filippo LLP www.ssfllp.com | 7
Revenue Recognition – Currently
• Delivery has occurred or services rendered:
• Risk of ownership transferred to the buyer
• Fixed commitment by the buyer to purchase the goods
• Fixed delivery schedule that is reasonable and consistent with buyer’s business purpose
• Absence of performance obligation by the seller
• Goods segregated from seller’s inventory and not available to fill other orders and product is ready to ship
• Contractual customer acceptance provision are substantive, bargained-for terms
Indicators that revenue may not be able to be recognized:
• Seller has history of not completing remaining tasks in a timely manner or period of remaining obligations is very
lengthy
• Cost or time to complete has historically varied or requires specialized equipment or skills not readily available
• Item delivered for trial or evaluation period
• Right of return based on matters such as customer satisfaction
If remaining obligations under an arrangement are not essential to function of delivered product, and will not result in a
refund, they typically do not hinder revenue recognition
Sensiba San Filippo LLP www.ssfllp.com | 8
Revenue Recognition – Currently
• Seller’s price is fixed or determinable:
• The sales price in arrangements that are cancellable by the customer are
neither fixed or determinable until the cancellation privileges lapse
• If the cancellation privileges expire ratably over a stated term, the sales price is
determined ratably over the term
• The ability of a customer to receive a full refund up to the last day of a
contractual term raises uncertainty as to whether the fee is fixed or
determinable at any point before the end of the term
• Collectability is reasonably assured
Sensiba San Filippo LLP www.ssfllp.com | 9
Revenue Recognition – ASU 2014-09
Why?
• Currently there is a significant amount of industry specific guidance
• New standard replaces industry specific guidance with core principles
• Effort to converge U.S. and international accounting standards
When?
• Released in 2014 and originally effective for calendar year 2017 for
public companies and 2018 for private companies
• ASU 2015-14 defers the effective date by one year (2018 public, 2019
private)
• No early adoption for public companies. Private companies can elect to
early adopt by one year
Sensiba San Filippo LLP www.ssfllp.com | 10
Revenue Recognition – ASU 2014-09
• Applies to all contracts to provide goods or services to customers
– Exception: Leasing transactions, insurance contracts, and
financial instruments
• Core principle: recognize revenue upon transfer of goods or
services to a customer in the amount of consideration expected
to be received from the customer
• Adds certain disclosure requirements and guidance to account for
costs to obtain or fulfill a contract (when not covered by other
standards)
• Emphasis on “judgement”
Sensiba San Filippo LLP www.ssfllp.com | 11
Revenue Recognition – ASU 2014-09
• New five-step process that replaces diverse industry specific guidance
1. Identify the contract(s) with a customer
2. Identify the performance obligations in the contract
3. Determine the transaction price
4. Allocate the transaction price to the performance obligations
5. Recognize revenue when (or as) the entity satisfies the
performance obligation
Sensiba San Filippo LLP www.ssfllp.com | 12
Step 1 – Identifying the contract(s) with a customer
• Each contract must meet the following criteria:
– Approval of both parties (written or verbal)
– Identify the rights of each party (must be enforceable)
– Identify the payment terms
– Have commercial substance (future cash flows of company will
change)
– It is probable that the customer will pay for the goods or services
Sensiba San Filippo LLP www.ssfllp.com | 13
Step 2 – Identify the performance obligations in the contract
• These are promises in a contract with a customer to transfer goods or services
• There can be more than one performance obligation, but each must be
“distinct”
• Distinct:
– Customer can benefit from the good or service either on its own or together
with other resources that are readily available, AND
– The promise to transfer the good or service is separately identifiable from
the other promises in the contract
NOT distinct if good or services are highly correlated and dependent on each
other, significantly integrated, or require significant customization of other
goods or services in the contract
Sensiba San Filippo LLP www.ssfllp.com | 14
Step 3 – Determine the transaction price
• This is the amount that is expected to be collected from the customer in
exchange for the goods or services.
• Other variables need to be considered:
– Returns and allowances. Incentives and penalties or other
contingencies
– Existence of significant financing components
– Noncash consideration
– Consideration payable to the customer
Sensiba San Filippo LLP www.ssfllp.com | 15
Step 4 – Allocate the transaction price to the performance obligations
• If more than one performance obligation the transaction
price must be allocated
– Standalone selling price would need to be determined
for each performance obligation at inception of the
contract
• If standalone selling price is not observable it must be
estimated
Sensiba San Filippo LLP www.ssfllp.com | 16
Step 5 – Recognize revenue when (or as) the entity satisfies the performance obligation
• The performance obligation is satisfied by an entity transferring
a good or service over a
Period of time, or
A point in time
• Separate criteria must be met for each
• If over a period of time, judgement must be used to determine
what inputs or outputs (hours incurred, units delivered, etc.)
best depict transfer of control
Sensiba San Filippo LLP www.ssfllp.com | 17
• ASU 2016-08 Revenue from Contracts with Customers (Topic 606): Principal
versus Agent Considerations (Reporting Revenue Gross versus Net)
• ASU2016-10 Revenue from Contracts with Customers (Topic 606): Identifying
Performance Obligations and Licensing
• ASU 2016-11 Revenue Recognition (Topic 605) and Derivatives and Hedging
(Topic 815): Rescission of SEC Guidance Because of ASU 2014-09 and 2014-
16 Pursuant to Staff Announcements at the March 3, 2016 EITF Meeting (SEC
Update)
• ASU 2016-12 Revenue from Contracts with Customers (Topic 606): Narrow
Scope Improvements and Practical Expedients
None of the updates change the core principles of the new standard
Revenue Recognition – Updates to ASU 2014-09
Sensiba San Filippo LLP www.ssfllp.com | 18
Why do we need updates to an update?
The FASB and IASB formed the Joint Transition Resource Group to assist
organizations in understanding the new revenue recognition guidance. One
of their main objectives is also to inform the Boards of potential
implementation issues when organizations begin applying the new guidance.
These updates are the result of potential implementation issues they have
identified.
Revenue Recognition – Updates to ASU 2014-09
Sensiba San Filippo LLP www.ssfllp.com | 19
ASU 2016-08 - Principal versus Agent Considerations (Reporting Revenue Gross versus Net)
• The amendment mainly addresses whether an entity controls
the goods or services before they are transferred to the
customer.
• Provides indicators to assist in determining control. However
these indicators should not override the assessment of
control, be viewed in isolation, and should not be considered
a checklist of criteria to be met in all scenarios. Considering
one or more of the indicators will be helpful in determining
whether the entity has control before the goods or service is
transferred to the customer.
Sensiba San Filippo LLP www.ssfllp.com | 20
ASU 2016-08 - Principal versus Agent Considerations (Reporting Revenue Gross versus Net)
The amendments clarify the following:
• Entities must determine if they are a principal or agent for each distinct good or
service promised to the customer. It’s possible to be a principal for some and an
agent for others.
• Entities must determine the nature of each specified good or service - is it a good,
a service, or a right to a good or service?
• An entity is a principal if it obtains control of (a) a good from another party that it
then transfers to the customer; (b) a right to a service that will be provided by
another party, giving the entity the ability to direct the service provided on their
behalf; or (c) a good or service from another party that the entity combines with
other goods or services to make the distinct good or service.
• Some indicators may be more or less relevant and persuasive to the control
assessment, depending on the facts and circumstances.
Sensiba San Filippo LLP www.ssfllp.com | 21
ASU 2016-10 - Identifying Performance Obligations and Licensing
Expected to reduce the cost and complexity of applying the guidance by
adding the following:
• Entities are not required to assess whether promised goods or services
are performance obligations if they are immaterial in the context of the
contract.
• Entities are permitted, as an accounting policy election, to account for
shipping and handling activities that occur after the customer has
obtained control of a good as an activity to fulfill the promise to transfer
the good rather than as an additional promised service.
Sensiba San Filippo LLP www.ssfllp.com | 22
ASU 2016-10 - Identifying Performance Obligations and Licensing
Improves the guidance for assessing whether promises to transfer goods or services
are distinct.
• Better articulates the principle for determining whether promises to transfer goods
or services to a customer are separately identifiable. Are promised goods merely
inputs to a combined item?
Sensiba San Filippo LLP www.ssfllp.com | 23
ASU 2016-10 - Identifying Performance Obligations and Licensing
Improves the licensing guidance when determining whether an entity has granted a
right to use intellectual property or a right to access intellectual property.
• A promise to grant a license for intellectual property that has significant standalone
functionality (i.e. software, drug formulas, completed media, etc.) is satisfied at a
point in time.
• A promise to grant a license for intellectual property (IP) that DOES NOT have
significant standalone functionality (i.e. brands, trade names, franchise rights, etc.)
is satisfied over time as the promise includes supporting or maintaining the IP
during the license period.
Sensiba San Filippo LLP www.ssfllp.com | 24
ASU 2016-10 - Identifying Performance Obligations and Licensing
Improves licensing implementation guidance on when to recognize revenue for a
sales-based or usage-based royalty promised in exchange for a license of intellectual
property.
• An entity should not split a sales-based or usage-based royalty into a portion
subject to the specific recognition guidance and a portion that is not subject to that
guidance. That requirement does not affect allocation of the transaction price to
performance obligations.
• The specific guidance applies to a sales-based or usage-based royalty whenever
the predominant item to which the royalty relates is a license of intellectual
property.
Sensiba San Filippo LLP www.ssfllp.com | 25
ASU 2016-11 - Rescission of SEC Guidance
The amendments rescind certain SEC Staff Observer Comments announced at the
March 3, 2016 Emerging Issues Task Force meeting. SEC Staff Observer Comments
about revenue and expense recognition for freight services in process, accounting for
shipping and handling fees and costs, accounting for consideration given by a vendor
to a customer, and accounting for gas-balancing arrangements should not be relied
upon
Sensiba San Filippo LLP www.ssfllp.com | 26
ASU 2016-12 - Narrow Scope Improvements and Practical Expedients
• Clarifies the objective of the collectability criterion in Step 1 by determining
whether the contract is valid and represents a substantive transaction based on
the customer’s ability and intention to pay the promised consideration for the
goods or services received.
• A new criterion is added to clarify recognition of revenue for a contract that fails to
meet the criterion in Step 1. The new criterion allows an entity to recognize
revenue in the amount of consideration received if an entity has transferred control
of goods or services, stopped transferring goods or services, has no obligation
under the contract to transfer additional goods or services, and consideration
received from the customer is nonrefundable.
Sensiba San Filippo LLP www.ssfllp.com | 27
ASU 2016-12 - Narrow Scope Improvements and Practical Expedients
• Permit an entity to elect an accounting policy to exclude amounts collected from
customers for all sales (and other similar) taxes from the transaction price.
• The amendments specify that the measurement date for noncash consideration is
contract inception.
• An entity should apply guidance on variable consideration only to the variability
resulting from reasons other than the form of the consideration.
• Provides a practical expedient to reflect the aggregate effect of all modifications
that occur before the beginning of the earliest period presented when identifying
the satisfied and unsatisfied performance obligations, determining the transaction
price, and allocating the transaction price to the satisfied and unsatisfied
performance obligations.
Sensiba San Filippo LLP www.ssfllp.com | 28
ASU 2016-12 - Narrow Scope Improvements and Practical Expedients
• The amendments clarify that a completed contract for purposes of transition is a
contract for which all (or substantially all) of the revenue was recognized under
legacy GAAP before the date of initial application.
• Accounting for elements of a contract that do not affect revenue under legacy
GAAP are irrelevant to the assessment of whether a contract is complete.
• Permits an entity to apply the modified retrospective transition method either to all
contracts or only to contracts that are not completed contracts.
• An entity that retrospectively applies the revenue recognition guidance to each
prior reporting period is not required to disclose the effect of the accounting
change for the period of adoption, however, is still required to disclose the effect of
the changes on any prior periods retrospectively adjusted.
Sensiba San Filippo LLP www.ssfllp.com | 29
• History of lease guidance
• Purpose of new lease guidance
• Overview of new lease guidance
• Impact to loan covenants
• Other business implications
• Effective dates
Lease Accounting - Objectives
Sensiba San Filippo LLP www.ssfllp.com | 30
• Existing Lease guidance was developed in 1976 (ASC 840)
– The guidance required lessees and lessors to classify leases as either capital or
operating
– The classification of the lease drives the initial recognition
• Capital leases are recorded on the balance sheet
• Operating leases expensed as incurred using the straight line method
• The existing guidance was criticized for failing to meet the needs of
financial statement users:
– Did not recognize assets and liabilities arising from long-term operating leases on the
balance sheet and
– Did not always provide a faithful representation of the leasing transaction
• The Financial Accounting Standards Board (FASB) issued ASU
2016-02, Leases, in February 2016 (ASC 842)
Lease Accounting - History
Sensiba San Filippo LLP www.ssfllp.com | 31
• Purpose of ASU:
– To increase transparency and comparability among organizations by recognizing long-
term lease assets and long-term lease liabilities on the balance sheet
– To disclose additional key information about leasing arrangements
• Core principle:
– Lease contracts give rise to assets (right of use) and liabilities (lease
payments) that should be reflected on the balance sheet.
• ASC 842 is effective for public companies for fiscal years beginning after December
15, 2018. For all other entities, effective for fiscal years beginning after December
15, 2019
Lease Accounting – ASU 2016-02 Purpose
Sensiba San Filippo LLP www.ssfllp.com | 32
Lease Accounting – Overview
• Lessor Accounting:
– Largely unchanged from ASC 840
– Leases are classified as:
• Sale-type leases
• Direct financing leases
• Operating leases
– A lessor is precluded from recognizing selling profit or sales revenue at lease commencement for a lease
that does not transfer control of the underlying asset to the lessee
Sensiba San Filippo LLP www.ssfllp.com | 33
Lease Accounting – Overview
• First a decision must be made as to whether a lease contract exists.
If a lease contract exists, the related asset/liability is recorded on the balance
sheet at initial recognition.
– A lease is a contract that conveys the right to control the use of identified property, plant, or equipment
for a period of time in exchange for considerations. Control means that the customer has the right to
obtain substantially all economic benefits from the use of the asset AND the right to direct the use of the
asset.
Sensiba San Filippo LLP www.ssfllp.com | 34
Lease Accounting – Overview
• Example #1
• A contract between Customer and a freight carrier (Supplier)
provides the following:
– The use of 10 rail cars of a particular type for 5 years. The contract specifies the rail cars; the cars are owned by Supplier.
– Customer determines when, where, and which goods are to be transported using the cars.
– When the cars are not in use, they are kept at Customer’s premises. The Customer can use the cars for another purpose (for
example, storage) if it so chooses. However, the contract specifies that Customer cannot transport particular types of cargo
(for example, explosives).
– If a particular car needs to be serviced or repaired, Supplier is required to substitute a car of the same type. Otherwise, and
other than on default by Customer, Supplier cannot retrieve the cars during the five-year period.
• This contract contains a lease since the Customer has the right to obtain substantially all economic
benefits from the use of the asset AND the right to direct the use of the asset.
Sensiba San Filippo LLP www.ssfllp.com | 35
Lease Accounting – Overview
• Example #2
• A contract between Customer and a freight carrier (Supplier)
provides the following:
– The contract between Customer and Supplier requires Supplier to transport a specified quantity of goods by using a specified
type of rail car in accordance with a stated timetable for a period of five years. The timetable and quantity of goods specified
are equivalent to Customer having the use of 10 rail cars for 5 years.
– Supplier provides the rail cars, driver, and engine as part of the contract. The contract states the nature and quantity of the
goods to be transported (and the type of rail car to be used to transport the goods).
– Supplier has a large pool of similar cars that can be used to fulfill the requirements of the contract. Similarly, Supplier can
choose to use any one of a number of engines to fulfill each of Customer’s requests, and one engine could be used to
transport not only Customer’s goods, but also the goods of other customers.
– The cars and engines are stored at Supplier’s premises when not being used to transport goods.
• This contract does not contain a lease of rail cars or of an engine since the customer does not have the
right to obtain substantially all economic benefits from the use of the asset or the right to direct
the use of the asset.
Sensiba San Filippo LLP www.ssfllp.com | 36
Lease Accounting – Overview
• Two Types of Leases:
– Finance Lease: Meets any of the following criteria
• The lease transfers ownership of the asset to the lessee by the end of the lease term
• The lease grants the lessee an option to purchase the underlying asset that the lessee is
reasonably certain (probable) to exercise
• The lease term is for the major part of the remaining economic life of the underlying asset (current
guidance is 75%)
• The present value of the sum of the lease payments and residual value guarantee equals or
exceeds substantially all of the fair value of the underlying asset (current guidance specifies 90%)
• The underlying asset is of such a specialized nature that it is expected to have no alternative use to
the lessor at the end of the lease term
– Operating Lease: Any lease that is not a finance lease
Sensiba San Filippo LLP www.ssfllp.com | 37
Lease Accounting – Overview
• Finance Lease:
– Similar to capital leases under ASC 840
– Recognize a right of use asset and a lease payment liability, initially measured at the present value (PV)
of the lease payments
– Recognize interest on the lease payment liability separately from right of use asset amortization in the
statement of comprehensive income
– Classify lease payment liability principal payments as financing activities in the Statement of Cash Flows
(SCF)
– Classify lease payment liability interest payments and variable lease payments as operating activities in
the SCF
• Operating Lease:
– Recognize a right of use asset and a lease payment liability, initially measured at the present value of the
lease payments
– Recognize a single lease cost, calculated so that the cost of the lease is allocated over the lease term on
a straight line basis
– Classify all cash payments within operating activities in the SCF
Sensiba San Filippo LLP www.ssfllp.com | 38
Lease Accounting – Overview
• For leases with a term of 12 months or less
– Lessee can make a policy election not to recognize lease assets
and lease liabilities on the balance sheet
– Lease expense recognized on a straight line basis
– Must consider options to extend when considering this election
• Recognition and Measurement:
– Initial lease classification (operating vs finance) should not be reassessed unless the contract is modified
– Initial measurement of the lease payment liability is the same for both finance and operating leases
(present value of the remaining lease payments, including options to extend)
• The discount rate for the lease initially used to determine the PV of the lease payments is the rate
implicit in the lease
• Private companies are permitted an accounting policy election to use a risk free discount rate for
the lease (generally the federal funds rate)
Sensiba San Filippo LLP www.ssfllp.com | 39
Lease Accounting – Overview
• Recognition and Measurement, continued:
– Initial recognition of the right of use asset is the same for both
finance and operating leases
• At cost consisting of:
– Lease payment liability's initial measurement value
– Any lease payments made to the lessor at or before lease commencement date
– Less any lease incentives
– Plus any direct costs incurred
– When measuring the lease payments to be made in optional periods, the option(s) must by reasonably
certain to be exercised
» Reasonably certain is a high degree of confidence that a future event will take place
– Variable lease payments are excluded unless they depend on an index or rate
Sensiba San Filippo LLP www.ssfllp.com | 40
Lease Accounting – Overview
• Recognition and Measurement, continued:
– Subsequent measurement
• Finance Lease:
– Lessee recognizes interest on the lease liability separately from amortization of the Right of
Use asset in the income statement
– Right of Use asset is amortized on a straight line basis
– Lease payment liability is amortized on an effective interest basis
– Results in a front loading of lease related expenses
• Operating Lease:
– Lease payment liability is reduced by recognizing the present value of the remaining lease
payments not yet paid
– Initial Right of Use Asset balance is reduced by periodically adjusting the amortization of the
asset by the effective interest on the lease payment liability to arrive at a constant straight-
line expense
– Lessee recognizes a single lease cost
Sensiba San Filippo LLP www.ssfllp.com | 41
Lease Accounting – Overview
• Recognition and Measurement, continued:
– Subsequent measurement
• Liability over time:
– Classified as long-term with any short-term portion presented separately
– The lessee’s obligation to the lessor increases due to the assumed accrual of interest on the
liability
– The liability decreases as a result of payments that the lessee makes to the lessor
– The carrying value of the liability reflects the present value of the lessee’s remaining financial
obligation to the lessor
• Right of Use asset (RoU)over time:
– The lessee’s RoU asset is an inherently intangible asset- a right – that the lessee has
purchased and therefor owns
– Typically classified as long-term
– Systematically amortized over time
Sensiba San Filippo LLP www.ssfllp.com | 42
Lease Accounting – Overview
• Example:
– 3 year lease ($10,000 in yr.1, $15,000 in yr. 2, $20,000 in yr. 3)
– Initial measurement or right of use asset and liability determined to be $38,000 at a discount rate of 8%
Sensiba San Filippo LLP www.ssfllp.com | 43
Lease Accounting – Overview
• Disclosure Requirements for Lessees:
– Qualitative Disclosures
• Information about the nature of lease (terms, conditions, options that are recognized as part of RoU asset and
those that are not, restrictions or covenants, subleases)
• Information about leases that have not yet commenced but create significant assets/liabilities
• Information about significant assumptions and judgements made in applying the requirements of ASU 2016-02
– Determination of whether a contract contains a lease
– Allocation of consideration
– Determination of the discount rate
– Quantitative Disclosures
• Total lease cost
• Maturity analysis of lease liabilities
• Undiscounted cash flows on an annual basis for minimum of five years and total amounts for remaining years
Sensiba San Filippo LLP www.ssfllp.com | 44
• Impact to loan covenants:
– Financial risk metrics will change:
• Debt to equity will increase
• Interest coverage will decrease
– Financial performance metrics will change:
• EBITDA will increase
• Return on assets will decrease
• Current ratio will decrease
– Loan covenants and other long term contractual credit arrangements may be violated based on the
addition of RoU assets and lease payment liabilities on the balance sheet
Lease Accounting – Impact to Loan Covenants
Sensiba San Filippo LLP www.ssfllp.com | 45
• Other Business Implications:
– Accounting policies and business implications will
need to be addressed for lease activity. Some areas of
consideration include:
• Budgeting and planning processes
• Lease vs. buy decisions
• Internal controls over lease transactions
Lease Accounting – Other Business Implications
Sensiba San Filippo LLP www.ssfllp.com | 46
Lease Accounting – Effective Dates
• ASC 842 is effective for public companies for fiscal years beginning after
December 15, 2018. For all other entities, effective for fiscal years beginning after
December 15, 2019
• Early application is permitted for all entities
• In transition, lessees and lessors are required to recognize, measure, and present
leases at the beginning of the earliest period presented using a modified
retrospective approach
– Requires an entity to apply the new guidance to all periods presented in the financial statements. Also
requires the adjustment of previously issued financial statements.
Sensiba San Filippo LLP www.ssfllp.com | 47
Questions?
Sensiba San Filippo LLP www.ssfllp.com | 48
Mid-Year Tax Considerations
Sensiba San Filippo LLP www.ssfllp.com | 49
Domestic Production Activities Deduction (DPAD)
Incentives for keeping production inside the U.S.
• A deduction up to 9% of net income
• Qualified activities include: manufacturing,
production, growth or extraction of tangible personal
property, computer software, real estate (MPGE)
• Court cases and proposed regulations may affect
how IRS will handle issues surrounding DPAD.
Sensiba San Filippo LLP www.ssfllp.com | 50
Accelerated Depreciation
Section 179
• IRC §179 allows the immediate expensing of certain
depreciable assets
• $500,000 expense limitation and $2M beginning of
phase-out
• Includes
o Most computer software
o Leasehold improvements
o Retail building
o Restaurant property
o Heating & air conditioning units
Sensiba San Filippo LLP www.ssfllp.com | 51
Accelerated Depreciation (cont’d)
Bonus Depreciation
• 50% depreciation
• Must be new property
• Includes
o Tangible depreciable property with a recovery period of 20 years or
less
o Computer software
o Certain qualified leasehold improvements
If the year is profitable, you may want to consider replacing old
equipment or acquiring new equipment to take advantage of
accelerated deprecation and lowering taxable income.
Sensiba San Filippo LLP www.ssfllp.com | 52
IRS Repair Regulations - REMINDER
• Effective for tax years beginning on or after January 1, 2016,
the deminimus safe harbor threshold increased from $500 to
$2,500 per invoice or per item without Applicable Financial
Statements (AFS)*
• Annual election to be made with the tax return
• Capitalization policy:
• Not required without AFS, but recommended
• If AFS applies, the policy must be written
*”Applicable financial statements” defined as Reviewed or Audited financial statements
Sensiba San Filippo LLP www.ssfllp.com | 53
Research & Development Credit
Qualified small businesses can elect to apply a portion
of the Credit against their employer FICA tax liability.
• Gross receipts for the taxable year do not exceed $5M
AND
• No gross receipts for any taxable year preceding the 5-
taxable-year period ending with the year in which the credit
is allowed
• Credit used in this manner limited to $250,000 per year
Sensiba San Filippo LLP www.ssfllp.com | 54
Research & Development Credit (cont’d)
• Credit is allowed for the 1st calendar quarter which begins
after the date on which the return is filed
• First available use will be the 2017 Q2 Payroll Tax Return if
filed before the deadline
• Use of the R&D credit offset will not reduce the allowable
deductions for the underlying research expenses.
• Election is made to convert an amount of R&D credit to
payroll tax credit and can only be revoked by the IRS.
Sensiba San Filippo LLP www.ssfllp.com | 55
Work Opportunity Tax Credit (WOTC)
• Effective for individuals who begin work after
December 31, 2014 and before January 1, 2020
• Used for qualified first- and second-year wages of
targeted group employees
• Target group has been expanded to include long-
term unemployment recipients (defined as 27
consecutive weeks and includes a period in which
the individual was receiving unemployment
compensation)
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Year-end Planning Considerations
Year-end Tax Projections to consider bonus payouts, shareholder
distributions, etc.
• Compensation – bonus, commissions, vacation, etc.:
o Accruals must be paid within 2 ½ months of year-end –
regardless of whether or not the tax return is extended
o For shareholders, accruals are not deductible until paid (direct &
indirect ownership)
o C Corporation – 50% shareholders
o S Corporation – 2% shareholders
• Employer retirement plan contribution:
o Accrual must be paid before the return is filed – inclusive of
extended return filing date
Sensiba San Filippo LLP www.ssfllp.com | 57
Nevada Commerce Tax REMINDER
• Applies to all business entities engaged in business activities within NV:
including partnerships, C corporations, S corporations, LLCs, sole
proprietorships (Sch C) and rental property (Sch E)
• All foreign & domestic businesses registered with NV need to file a
Commerce Tax return even if they have no income during the year
• Tax imposed on gross receipts exceeding $4M
• Tax rate varies by business category and ranges from 0.051% to 0.331%
• Tax year for the Commerce Tax is July 1 – June 30, regardless of the
business entity’s year-end
Initial tax reports are due August 15, 2016
Sensiba San Filippo LLP www.ssfllp.com | 58
New Due Dates for Business Returns in 2017 REMINDER • Partnership Returns (Form 1065): due March 15, 2017 (previously
due in April)
• S Corporation Returns (Form 1120S): due March 15, 2017 (this
remains unchanged)
• C Corporation Returns (Form 1120): due April 17, 2017 (previously
due in March)
• Foreign Bank Account Reporting (FBAR): due April 17, 2017
(previously due June 30th)
At present California does not conform to these new due
date changes, but stay tuned: discussion is taking place.
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• Individual
• Divorce
• Estate/Trusts/Gifts
• Build your Personal team
– Tax
– Lawyer
– Financial Planner
• Protect your Identity
– Get an IRS IP-PIN
• Identity Protection Personal Identification Number
Personal Tax Planning
Sensiba San Filippo LLP www.ssfllp.com | 60
Individual
• Capital Gains Tax
– Sell loser stocks
– Can buy back, but must wait 30 days
• Estimated Tax
• Donations
– Appreciated stocks
• FMV – no Capital Gains
Sensiba San Filippo LLP www.ssfllp.com | 61
Individuals (cont’d)
• RMD (Required Minimum Distribution)
– Tax-free distributions for charity
• New 2016
– 1098 Mortgage Interest Statement
– FinCen Report 114 due on April 15
– NOL carryover requires documentation
Sensiba San Filippo LLP www.ssfllp.com | 62
Individual - California
• 1031 Exchanges
– Form 3840 Filed every year until sold
– Failure to file recognition of deferred gain
• NOL Carryback
• Nonconformity
– AGI limit on medical deductions
– Section 179 and bonus
– HSA
Sensiba San Filippo LLP www.ssfllp.com | 63
Divorce Tax Planning
• Hiring Advisers
• Conflict of Interest
• Community Property
• Pre- and Postnuptial Agreements
• Transfer of Marital Property
• Dividing the Family Business
• Dividing Pension Plan
• Dividing the carryover losses
– Capital loss
– Passive loss
Sensiba San Filippo LLP www.ssfllp.com | 64
Divorce Tax Planning
• Filing Status
– Who claims the child/children
– Married Filing Joint vs Separate
• Support
– Alimony and Separate Maintenance
– Family Support
– Child Support
Sensiba San Filippo LLP www.ssfllp.com | 65
Questions?
Sensiba San Filippo LLP www.ssfllp.com | 66
Contact Information
Justin Scripps
Audit Manager
408.286.7780
Jacqueline Pruscha
Audit Manager
650.358.9000
Jessica Mendiola
Audit Manager
925.271.8700
Katie Owen
Experienced Senior
Audit Associate
650.358.9000
Lourdes Rabara
Tax Manager
925.271.8700
Donna Holm
Senior Tax Manager
408.286.7780
Jay Lee
Experienced Senior
Tax Associate
925.271.8700