SBA Data Exposure Highlights the Need for Cybersecurity Programs
Apr 23, 2020
On April 21, 2020, news sources* revealed the Small Business Administration (SBA) notified 8,000 applicants of the Economic Injury Disaster Loan (EIDL) program of a data exposure on the application website. The exposure, which occurred briefly on March 25, may have permitted applicants to view Personally Identifiable Information (PII) of other applicants. Current reports reveal the disclosure included names, Social Security numbers, tax identification numbers, addresses, dates of birth, emails, phone numbers, marital and citizenship statuses, household sizes, incomes, financial and insurance information.
If you learn you have been impacted by the data exposure, the Federal Trade Commission has provided specific guidance with checklists on their website for Identity Theft. The actions described in their checklists are based on the type of data loss. Please refer to this website on how to protect yourself.
It is unfortunate to have a data exposure during an already stressful time, but it further demonstrates the continued need for cybersecurity programs. WVC Technologies is here to assist you in making sure your company is operating securely whether it be updating your remote working policies, implementing a security practice, or preparing a business continuity plan.
*CNBC was the first to report on the data exposure from the SBA. For a full report, please see this article.
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Tiffany Pollard, CISA
Risk Services Practice Leader
Categories: Risk Services
What is the SECURE Act and How Could It Affect Your Retirement?
Feb 10, 2020
The new Setting Every Community Up For Retirement Enhancement or SECURE Act recently signed into law by President Trump is one of the most significant pieces of retirement legislation in more than a decade. The law focuses on retirement planning in three key areas: 1) modifying required minimum distribution (RMD) rules for retirement plans; 2) expanding retirement plan access and 3) increasing lifetime income options in retirement plans. Ultimately, the law has significant provisions aimed at increasing access to tax-advantaged accounts and preventing older Americans from outliving their assets
Here are explanations of some key provisions. Unless noted, the new rules went into effect on Jan. 1, 2020:
- Elimination of the so-call “stretch IRA” – The Secure Act eliminated the “stretch IRA,” which allowed non-spousal beneficiaries to withdraw assets of inherited accounts over their lifetimes to optimize the beneficiary’s income tax deferral. Now, those who inherited an IRA since the beginning of 2020 and thereafter have 10 years to withdraw the assets — however or whenever they’d like — or face taxation of the money all at once. Spouses and disabled beneficiaries are among the exceptions to the rule. The new restrictions pose a problem for people who have been planning to use IRAs as an inheritance vehicle.
- Increases the required minimum distribution (RMD) age for retirement accounts – Distributions must begin from traditional IRAs when savers reach a certain age. The SECURE Act raised the age for these required minimum distributions (or RMDs) from 70½ to 72. This will enable individuals between these ages to keep money in their IRAs longer and put off paying income taxes on withdrawals if they don’t need funds yet to pay for living expenses. However, the new rule does not apply to those already older than 70 ½ or turned 70 ½ in 2019 (born on or before June 30, 1949). Those individuals must continue or begin taking RMDs under the old rule.
- Allows long-term, part-time workers to participate in 401(k) plans – The SECURE Act requires employers to permit long-term, part-time employees who work at least 500 hours in three consecutive 12-month periods to participate in their plans (other than collectively bargained plans). However, an employer will not be required to make matching or nonelective contributions on behalf of such employees and may continue to impose an age-21 requirement.
- Permits parents to withdraw up to $5,000 from retirement accounts penalty-free within a year of birth or adoption for qualified expenses – The new law allows penalty-free withdrawals from retirement plans for birth or adoption expenses, up to $5,000 limit would apply to each parent, including those who have adopted children. So technically, a couple could take out up to $10,000 from their retirement savings, as long as they both have separate accounts in their own names.
- Allows parents to withdraw up to $10,000 from 529 plans to repay student loans – The list of qualified expenses has now expanded under the SECURE Act. Most notably, 529 assets can now be used to pay for qualified education loan repayments (up to $ 10,000-lifetime maximum) and costs for an apprenticeship program.
Contact your William Vaughan Company tax professional if you have additional questions about how the SECURE Act impacts your retirement plans. Changes in the tax code, family relationships, and your own financial circumstances are common—requiring that you update your planning strategies every few years. Remember, your plans should evolve as you do. Look for additional tax alerts from William Vaughan Company as we roll out more information on how the SECURE Act impacts retirement plan administration.
Categories: Tax Planning
Unlocking the Tax Benefits of Opportunity Zones
Dec 10, 2019
Are you interested in reviving economically distressed communities in your area and reducing your tax burden at the same time? The Opportunity Zone program, created by the Tax Cuts and Jobs Act of 2017, provides the opportunity to do both.
What is an Opportunity Zone?
It is an economic development tool aimed to attract investments and jump-start economic growth in low-income urban and rural communities nationwide. To view all qualified opportunity zones, visit the U.S. Department of the Treasury for the most up-to-date listings. Zones are identified by state, county, and census tract number.
How does the program work?
It permits investors (individuals, corporations, partnerships, trusts & estates) to defer tax on any prior capital gains made from the sale or exchange of any asset, only if they invest in a Qualified Opportunity Zone (QOZ) by way of a special purpose entity known as a Qualified Opportunity Fund (QOF) within 180 days after the gain arises. In short, a QOF is an investment vehicle designed to hold funds to then invest in real estate to make “substantial improvements”.
What are the tax benefits?
- Deferral of taxable gains as late as December 31, 2026
- Qualifying investments made by December 31, 2021, and held until 2026 are eligible for a reduction in deferred gains in the amount of 10% of the gain. Investments made by December 31, 2019, and held until 2026 are eligible for an additional deferred gain reduction of 5% for a total maximum gain reduction/basis step-up of 15%.
- Permanently exempts any future gains of reinvested proceeds. Gain from appreciation in the QOF investment may be eliminated if the QOF investment is held for at least 10 years.
What should I know before investing?
Your original deferred gain (less any amount forgiven) will be subject to tax on whichever date comes first: either December 31, 2026, or when you sell your interest in an Opportunity Zone Fund. If you still own the interest in an Opportunity Zone Fund after December 31, 2026, you will owe tax on the original deferred gain without any cash proceeds from the investment to pay the tax.
When do I need to invest?
Act fast! Investing by December 31, 2019, will ensure you capture the greatest tax benefit.
Categories: Tax Planning
FASB Lease Accounting Standards Delayed
Jul 24, 2019
What happened?
The Financial Accounting Standards Board (FASB) voted unanimously on Wednesday, July 17, 2019, to propose delaying the effective date for portions of its major accounting standards, including ASC 842, Leases, for privately held companies and nonprofit organizations.
Also, the new proposal is expected to create two new “buckets”: (1) SEC filers other than smaller reporting companies (SRCs, as defined by the SEC) and (2) all other entities, allowing at least a two-year difference in the effective date between the buckets.
Why is this important?
For private companies, ASC 842 was previously scheduled to take effect for annual financial reporting periods beginning after December 15, 2019 (2020 for calendar year-end companies), and interim periods after December 15, 2020. However, this delay means companies now have an extra year to adopt the new lease accounting rules, subject to the FASB issuing a formal proposal for public comment before finalizing the new effective dates.
What’s next?
The FASB staff will draft the proposed amendments to existing standards and provide them to the Board to vote by written ballot, after which they are expected to be exposed for a public comment period of 30 days. The FASB expects to issue the final amendments later this year.
As we continue to consult with current clients, we highly encourage companies to proactively address the implementations of both standards as evaluation and adoption typically take longer than anticipated.
For additional insights or assistance on the adoption of the new revenue standards please contact one of the following members of our audit team at 419.891.1040
Tracie Youngless Kristin Metzger Juli Seiwert Ryan Leininger Amy Barber
Categories: Audit & Accounting
Could the U.S. Supreme Court Change the Way You Shop Online?
Jun 20, 2018
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pril 17 was not only the end of tax season but also the day the Supreme Court heard South Dakota vs. Wayfair, Inc. This case will likely affect every business, no matter size or revenue. This case spotlights the collection and remittance of sales tax, specifically whether the responsibility should lie with the state or the business. Sales tax is considered a consummation or a value-added tax and is typically assessed to the end purchaser or user of a product. Most businesses are responsible for collecting and remitting these taxes. However, with any tax law, there are exemptions.
One of these exemptions comes from a previous Supreme Court Case from 1992 – Quill v. North Dakota. In this case, the Supreme Court ruled businesses only had to collect sales tax in states where they had a physical presence. Therefore, an out-of-state business whose only contact with a state was the sale of tangible personal property, did not need to collect and remit sales tax. If the sales tax wasn’t collected by the business the burden to remit to the State was then transferred to the resident of the State. Basically, if you don’t pay sales tax on a taxable purchase, YOU are now required to pay the tax on your individual tax return. And this is where the issue lies.
States governments argue the cost to enforce collections from an individual greatly outweigh any unpaid tax. As a result, state officials are pushing for the responsibility to lie with the business. Last year, South Dakota took action with the following economic threshold law: if your business has $100,000 in gross sales or over 200 varying transactions to consumers located within the state, then your business must collect and remit tax – no exceptions.
This brings us to South Dakota vs. Wayfair, Inc.
South Dakota wants to overturn the 1992 Quill ruling arguing the development of the internet and e-commerce establishes the physical presence of a business as outlined in Quill, therefore making businesses responsible for the tax collection. In addition, state officials maintained if an online business is doing substantial trade within their borders, then bricks-and-mortar businesses are at a disadvantage as consumers may opt to purchase a product online without paying sales tax.
Conversely, Wayfair argues the complexities of such transactions are too much for smaller businesses to overcome. Under current law, 45 states and thousands of local jurisdictions assess sales tax. Additionally, each state has varying laws on what is a taxable transaction and was is not. Lastly, Wayfair has contended any internet sales are at a disadvantage due to shipping and handling charges.
All eyes are now on the Supreme Court, who is set to rule by the end of this month on the “tax case of the millenium”. Stay tuned to see how this may impact you.
Categories: Tax Compliance