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  February 2009 - Vol 1, Issue 3

Greetings!

BP results is an e-newsletter for industry professionals who provide vital financial and legal services for our mutual clients. So that you may identify similar opportunities in your practice we are sharing with you recent successes we've had with our clients.
In This Issue
Corporate Documents - the Foundation of a Company
Benefits of the Managed Audit Program
Direct Links
    
Contact:
State and Local Tax Expert
425.289.7609
 
Allan Vander Hamm
Business Transition Expert
425.289.7613
 
Foresnic, Litigation and Investigation Expert 
425.289.7617
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Corporate Documents - the Foundation of a Company
 
Operating agreements, LLC agreements, and other corporate documents provide the structure that allows companies to operate effectively and achieve their goals. If these documents are not followed by employees, companies may invite mismanaged funds and fraud. Companies that ensure corporate documents are followed decrease the likelihood they will suffer harm. The minority shareholders of a local manufacturing company realized too late that the majority shareholder did not follow the LLC Agreement and hired us to assess the damage.

 
Result #1:The minority shareholders believed the majority shareholder violated multiple sections of the LLC agreement including: taking distributions in excess of the amount stipulated by the agreement, reimbursing personal expenses, taking personal loans without consent of the minority shareholders, and hiring personnel without approval of the minority shareholders. We provided expert testimony in arbitration that the majority shareholder violated the LLC Agreement and personally gained from these violations. Our clients were awarded complete control of the company without compensation to the majority shareholder and were to receive over $120,000 for the excess distributions and personal loans taken by the majority shareholder.

For more information contact Doug McDaniel, Director of Forensic, Litigation and Investigation Services. dmcdaniel@bpcpa.com or 425.289.7617
Benefits of the Managed Audit Program
 
We find that businesses being audited by the Washington Department of Revenue benefit from participating in the Managed Audit Program. In a managed audit a business self-performs the audit procedures then reports its results to the auditor for review. There are numerous benefits to a business in the Managed Audit Program, including increased control over the audit process, a better understanding of state tax reporting and documentation obligations, and identifying refund opportunities. If additional tax is due as a result of the audit, up to $5,000 of interest is waived.

Result #2: We recently assisted a client through a managed audit. During the process we identified several tax overpayments that may have been missed in a standard audit. As a result of the managed audit, our client received a refund of over $25,000, and now has a more efficient and effective system for calculating and reporting Washington state taxes.
 
If you have questions about Department of Revenue audits, contact Darcy Kooiker, CPA, Principal, Director of State and Local Tax Services.
dkooiker@bpcpa.com or 425.289.7609

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