Business Evaluation Systems
BES Newsletter
May - June 2011 Newsletter
Business Evaluation Systems, Inc.
1700 F.M. 517 E. Suite A             281.337.1919 Phone
Dickinson, Texas 77539            281.337.1915 Fax

We hope you had a great Fourth of July Weekend and would like to share with you some interesting tips that you or someone you know could benefit from.  
  
Since 1973, Business Evaluation Systems has been involved in the appraisal of over 16,000 companies, covering almost every industry on a national and international basis, ranging in value from $50,000 to over $7 billion.

Our experience has qualified us to meet the requirements of the Appraisal Foundation, the Internal Revenue Service, lending institutions, and courts of law around the country. Two of the appraisals the company was involved in have passed the scrutiny of the World Bank. The appraisers in Business Evaluation Systems have sold over 1,000 businesses.

Sincerely,
Business Evaluation Systems, Inc.

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In This Issue
Other Factors that Affect Business Value
IRS Audit Triggers

Other Factors that Affect Business Value

 

By: George D. Abraham

CEO & Chief Appraiser

Business Evaluation Systems

 

     There are many factors that affect a company's value.  In recent articles we discussed the quality of the financial statements, historical performance, management, and appearance.  The following discussion highlights some other factors that often impact value.

     In the process of determining the value of a company, analysis of the financial statements is crucial but in many cases, the nonfinancial information is more important than the financials.  If you do not understand the company's operations, ownership structure, products and services, markets and marketing, and employees it is very difficult to determine the company's financial health or its future.

Ownership Form

     The form of ownership is an important component of the valuation process for several reasons; such as comparability to other businesses when using the market approach or in comparison to industry composite data. Another reason to understand the ownership structure is legal rights and/or restrictions applicable to the interest being valued. For example, a minority interest in a partnership does not normally have the ability to force the liquidation of the company and therefore that minority interest will be valued with an approach that is not based on the assets of the Company.  Ownership interest is also important as the appraiser will need to asses considerations such as control, minority interest discounts, or swing vote issues.  For instance if there were 50 owners with a 2% interest in a company, each 2% interest would be worth very little.  However, if when the 2% interest was valued when the other owners owned a 49% interest, the 2% interest would have a swing vote value which would be very valuable to the other 2 owners and would give them control of the company and therefore would be worth much more by associating a premium with the interest.  Another example is a recent assignment we just completed whereby the father (Trustee) gifted 100% of the shares of the Company to his son (Beneficiary) for estate and gifting purposes but the stock was subject to a Voting Trust Agreement (Agreement).   The terms of the agreement is that all stock being acquired by the Beneficiary in the Corporation shall be held by the Trustee in a voting trust subject to the voting control of the Trustee for a period of ten (10) years unless terminated sooner by either the death of the Trustee or upon written election by the Trustee to terminate the agreement.  The agreement also stipulates that the Trustee shall have the exclusive right to vote the Stock at meetings of the Stockholders of the Corporation or otherwise, in person or by proxy, in such a manner as the Trustee, in his sole discretion, may determine and to the same extent as though the Trustee were the sole owner of the Stock.  Since the 100% interest has virtually no control under the agreement, a discount would be associated with the 100% interest being valued.

Products and Services

     Understanding the company's products and services is imperative, not only for comparison to other guideline companies, but how interest rates or changes in the economy can affect the demand for the product.  A rise in interest rates would certainly affect an automobile dealership.  It is equally important to understand what alternative products are available in the marketplace to assess the future success of the Company's product.  Is the company dependant on only one product? Can the company add similar or complimenting products in the future? 

Markets and Marketing

     An understanding of the Company's market and marketing is also an important part of the appraisal of the company.  For very small companies, geographical diversification does not exist and the degree of risk relevant to the lack of diversification must be considered and to what degree it affects the future of the company.  Again, how will alternative products in the market affect the company? Do the company's customers buy from the company because of price or because they have established a reputation of excellent service?  Understanding the company's marketing efforts (or lack of) needs to be considered, since a large, visible company in the market will frequently attract more new customers.

Physical Facilities

     All aspects of the Company's facilities must be understood. When projecting the Company's future performance, the facility must be able to meet the increased production forecasts.  If the plant is at full capacity and management's forecast to the appraiser includes significant growth, how will that be achieved without expanding the facilities or relocating the plant to a larger facility?  Another aspect to consider is if the Company owns the facility or leases it.  The length of the lease and if the rent will be increased after the renewal, have to be incorporated in the forecasts.  If the Company owns the real estate and improvements, does it pay rent, and if so is it fair market?

Equipment

     Regardless if the equipment is to be appraised or not in the assignment, it is prudent for the appraiser to understand the equipment.  Again, remembering that value is based on anticipated performance of the company, maintenance costs, and replacement of equipment, plays an important role in meaningful projections.  Older equipment and/or unmaintained equipment mean lower capacity, high maintenance costs and unexpected replacement costs.  Older equipment may mean difficulty in getting parts and service.  Therefore a good knowledge of the company's maintenance schedules is a must.  In addition, the appraiser should inquire if newer technology is available and being used by the Company's competition.

Personnel

     A good knowledge of the key personnel and their role in the Company is also important.  Will these employees and managers be able to handle the increase in the projections or will additional personnel be required, and if so, what will be the salaries.  What is the average age of the key employees?  Are they young and aggressive or waiting to retire? Another large factor affecting the Company's value is the risk in replacing the owner.  Do the managers really run the Company, or is all run by the owner?  Does new business come from the sales department, or is all of the business secured by the owner and his or her reputation?

Other

     The more knowledge you have of the company's inner workings the better you can assess the risks factors that increase the value or diminish it.  There are many other factors that will increase or decrease value for later articles, such as few products, many competitors, high employee turnover, few sources of supply, patents, copyrights, proprietary processes, pending litigation, environmental exposure, and dependence on key customers, all which play a key role in the company's value.

IRS Audit Triggers  Men in black

  

By: George D. Abraham

CEO & Chief Appraiser

Business Evaluation Systems

                 

                

     Percentage wise, the IRS audits very few tax returns. Most tax returns singled out by the IRS for audit contain either tax deductions that appear to be too high in relationship to the person's income, or tax items that are erroneous, tax items that require proof or an explanation, or are on the IRS' list of hot tax issues. It is important that the IRS audits tax returns effectively, and the IRS puts a general fear in all taxpayers of being audited to encourage voluntary compliance with the income tax laws. The U.S. tax system depends on voluntary compliance. With today's computers there are now more ways than ever that the IRS can monitor your tax compliance. The High-Risk Tax Audit Areas

 

     The odds are low that your tax return will be picked for an IRS audit. The IRS does not have sufficient personnel and resources to examine every tax return, so the IRS selects those tax returns which, upon preliminary inspection, have high audit potential -- those that are most likely to result in a substantial tax deficiency. In recent years, less than 2% of all individual income tax returns have been audited. However, your chances for an IRS audit are higher depending upon certain types of income, certain amounts of income, your profession, the types of transactions, and the types of tax deductions claimed on your tax return.

 

High-Risk Tax Audit Areas - High Wages

 

     Generally, as your income increases, so does your chance of an IRS audit. The odds of an IRS audit for someone in the $25,000 to $100,000 income bracket are less than one in 100. For those making more than $100,000, the odds increase to more than one and one half in 100. Your chances of being audited by the IRS are greater under the following circumstances:

 

·  You have large amounts of itemized deductions on your tax return that  exceed IRS targets.

·  You claim tax shelter investment losses on your tax return.

·  You have complex investment or business expenses on your tax return.

·  You own or work in a business which receives cash and/or tips in the ordinary course of business.

·  Your business expenses are large in relation to your income on your tax return.

·  You have rental expenses on your tax return.

·  A prior IRS audit resulted in a tax deficiency.

·  You have complex tax transactions without explanations on your tax return.

·  You are a shareholder or partner in an audited partnership or corporation.

·  You claim large cash contributions to charities in relation to your income on your tax return.

·  An informant has given information to the IRS.

 

     You must report all your income, and you should take all your tax deductions, even if they increase your chances for an IRS audit. Don't be scared off by these factors. However, also realize that your chances for an IRS audit do increase with certain tax items, and prepare your tax return accurately and completely.

 

High-Risk Tax Audit Areas - Large Amounts of Itemized Tax Deductions

 

     If your itemized tax deductions on your tax return exceed a target range as set by the IRS, the chances of being audited by the IRS increase. This does not mean that you should not take tax deductions on your tax return that you are entitled to, but you should realize that your chances for an audit increase if your tax deductions exceed the averages for your income level.

 

     Another issue to consider is excessive itemized tax deductions on your tax return. The IRS doesn't describe the criteria by which it determines when tax deductions are excessive. Some tax experts calculate average tax deductions by income, and use these figures as a rough benchmark to determine if a taxpayer's tax deductions on his/her tax return exceed the norm.

 

     Tax experts caution that these averages may not be useful, since tax deductions vary widely by state and region. And the medical tax deductions, for instance, would by definition be much higher than the average taxpayer would take because the IRS data reflect cases where taxpayers had medical deductions exceeding 7.5% of their taxable income. You should take valid tax deductions on your tax return if they are amply backed up.

 

High-Risk Tax Audit Areas - High DIF

 

     When your tax return is filed, IRS computers compare it against the national Discriminate Information Function (DIF) system average. The IRS calculates the DIF score by using a closely-guarded formula. Tax returns with the highest DIF scores are scrutinized by experienced IRS examining officers who determine which tax returns provide the best chance for collecting additional taxes, interest, and tax penalties.

 

High-Risk Tax Audit Areas - Unreported Taxable Income

 

     Unreported taxable income is a common red flag. The IRS discovers unreported taxable income when its computers match the taxable income you reported on your tax return with information gathered from banks and others. For example, if you failed to report on your tax return the interest earned on your bank savings account, the IRS typically will catch you when it matches the bank's interest payment records, called 1099 forms, against your tax return.

 

     One good way to make sure you don't miss unreported taxable income is to review last year's tax return to make sure you have 1099's, etc. from mutual funds, banks and other sources.

 

     The IRS electronically matches the figures you report for dividends, interest, securities transactions and other taxable income with tax information supplied by banks, brokerage firms, and other payers. To avoid problems, it's best to report your dividend and interest income exactly as it appears on your 1099 forms and make adjustments on the tax return if the numbers are incorrect. If your brokerage account files a 1099 for all your dividends, don't list separate amounts on your tax return. By the same token, if you receive separate 1099s, don't report your taxable earnings in one lump sum.

 

High-Risk Tax Audit Areas - Self Employment

 

     Because the IRS believes most under-reporting of taxable income and abuse of tax deductions occurs among those who are self employed, these individuals are audited by the IRS far more frequently than employees collecting a salary. The same holds true for taxicab drivers, waiters and waitresses, and others who traditionally receive payment in cash. Also, the IRS will sometimes conduct tests of certain individuals to determine if a taxpayer's reported taxable income can support his or her lifestyle.

 

Overpaying Family Members:  If a family member works for you, be sure that you pay them according to their actual responsibilities and experience and at a rate comparable to the rest of the job market.

Don't pay them more than they're worth just because they're family.

 

Income Boost:  If your income for the current year is excessively higher than previous years, the IRS will

want to know why. The reason may be legitimate, like the fact that the demand for your business skyrocketed. But keep in mind that the IRS will then expect your return to show additional expenses in order to meet that increase in demand.

 

Extreme Expenses: If you have an itemized expense on your tax return that just doesn't match up with your income, the IRS will notice. For example, if you're claiming an income of $30,000 and itemizing a $5,000 desk for your home office...  it's pretty obvious that something's not right and the IRS will want to follow-up

 

Write-offs:  As every business owner knows, incorrect write-offs are one of the largest triggers for

an audit. If what you're writing off doesn't match what is expected of your business practices, the IRS will probably want an explanation.

 

The IRS publishes manuals to familiarize its auditors with about 100 different businesses, particularly ones that have a high number of self employed individuals. These guides, which are available to the general public, can help you pinpoint what auditors are looking for and how best to protect yourself. To learn if a guide is available for your business call the IRS Freedom of Information Act Reading Room at (202) 622-5164, or write Box 795, Ben Franklin Station, Washington, DC 20044.

  

 
 
 
  
Business Evaluation Systems

 

If you are interested in finding the true value of your business or machinery & equipment, we can help.  We offer fairly priced appraisals with a quick turn-around time.  Call today to find how our dedicated staff can help.


Business Evaluation Systems, Inc.
1700 F.M. 517 E. Suite A
Dickinson, Texas 77539
Business Evaluation Systems, Inc.
281.337.1919
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