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IRS EXPANDS REACH OF R&D TAX CREDIT ON SOFTWARE
By Jeremy Ries
As more and more industries turn to the Internet as a source to reach their consumers, the Internal Revenue Service (IRS) is making the research and development (R&D) tax credit more available. The IRS recently issued proposed regulations that would expand the amount of software projects eligible for the credit. Many of the online shopping and banking websites that were once considered "internal use software" will now be eligible for the R&D tax credit.
Costs used to develop internal use software will remain ineligible for the R&D tax credit. The internal use software will now be defined as software developed primarily for the use of day-to-day operations, human resources and financial management. Conversely, software that will be eligible as non-internal use is:
- Software commercially sold, leased, licensed or otherwise marketed to third parties.
- Software which allows the taxpayer to interact, initiate functions or review data on the taxpayer's system.
Examples of these would include internet services such as online purchases, banking, tracking inventory and accessibility of data.
It's encouraging to see the IRS' efforts to keep up with technological advancements. As they continue to add online options to their own website, the new proposed regulation offers relief in an area of increasing expenditures for taxpayers. With the increase in usage of cloud computing, the market has become more dependent on technology. The regulation addresses dual use software as well. While software was previously categorized as either internal or not, the proposed regulations recognize that software can be both internal and not.
The timing of the effective date of the proposed rules could cause issues for taxpayers. As the proposed regulations currently stand, the rules would take effect from the very date they are finalized. This would mean any company under audit could see the very same software treated as internal use in some years and not treated as internal use in years going forward. While not in the current proposed regulations, the ability to retroactively utilize the rules for the R&D tax credit would be favorable for taxpayers.
For help determining if your software projects are eligible for the R&D tax credit, contact your tax professional at UHY LLP in Detroit 313 964 1040, Farmington Hills 248 355 1040 or Sterling Heights 586 254 1040, or visit us on the web at www.uhy-us.com.
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NEW HIRES AND TENURE
If you didn't catch it last week, click here to view our latest new hires and tenure announcement. We added 89 employees to our team and recognized 29 tenured employees!
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FASB ISSUES ACCOUNTING ALTERNATIVE FOR RECOGNITION OF INTANGIBLE ASSETS IN A BUSINESS COMBINATION
By Amber Sutter, CPA
In late December 2014, the Financial Accounting Standards Board (FASB) issued an accounting standards update, ASU No. 2014-18: Accounting for Identifiable Intangible Assets in a Business Combination. Under current accounting standards, the acquirer of a company is required to recognize most assets acquired and liabilities assumed in a business combination at their acquisition-date fair values, including all intangible assets that are identifiable. Companies may now elect an accounting alternative for recognition of certain intangible assets acquired. If an intangible asset is identifiable, an acquirer does not have to recognize the following intangible assets separately from goodwill: 1) customer-related intangible assets unless they are capable of being sold or licensed independently from other assets or 2) non-competition agreements.
Many customer-related intangible assets will not meet these criteria for the accounting alternative because they are capable of being sold or licensed. Customer-related intangibles such as mortgage servicing rights, commodity contracts, core deposits and customer information will continue to be identified separately. However, intangible assets based on the value of existing customer relationships would likely meet the criteria for the accounting alternative.
Companies that elect this accounting alternative are required to also elect the accounting alternative for amortizing goodwill (ASU No. 2014-02 Intangibles - Goodwill and other: Accounting for Goodwill), which was issued in February 2014 allowing companies to amortize goodwill. This accounting alternative does not apply to publicly-traded companies or nonprofit organizations. Companies that decide to elect this alternative may benefit from the simplified accounting as well as have a reduction in costs associated with the complex calculations of determining intangible assets separate from goodwill. The accounting alternative is effective for fiscal years beginning after December 15, 2015; however, early adoption is permitted as soon as the first transaction within the range of the alternative takes place provided the financial statements have not yet been made available for issuance.
To stay up-to-date on the latest FASB activities, contact your accounting professional at UHY LLP in Detroit 313 964 1040, Farmington Hills 248 355 1040 or Sterling Heights 586 254 1040, or visit us on the web at www.uhy-us.com.
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MICHIGAN ANNOUNCES GUIDELINES FOR "OFFER IN COMPROMISE" PROGRAM
By Sue Wagner
The Department of Treasury has announced that it is providing an "offer in compromise" program beginning Jan. 1, 2015. The program allows for a taxpayer to submit an offer to lower the amount of a tax liability for less than the full amount due. A tax liability includes the tax and any related interest and penalty. A summary of the official guidelines, "Guidelines for Offer in Compromise Program, 12/16/2014", is as follows:
To submit an "offer in compromise", one or more of the following grounds must exist:
The taxpayer has received an offer in compromise from the IRS for the same tax periods for which the taxpayer is requesting state relief. Only tax debt for individual income tax or for corporate income tax is eligible for compromise under this ground.
- A doubt as to the collectability of the tax debt exists.
- The taxpayer must show both the amount offered is the most that can be expected to be paid or collected from the taxpayer's present assets and income; and
- The taxpayer does not have reasonable prospects for acquiring increased income or assets that would enable the taxpayer to pay a greater amount of the tax debt than the amount offered, within a reasonable period of time.
- A doubt as to the liability of the tax debt exists.
- Based on a review of the evidence provided by the taxpayer, Treasury must determine that the taxpayer would have prevailed in a contested case if the taxpayer had appealed the assessment.
Key items of the submission process:
- The offer must be submitted using Form 5181.
- A non-refundable payment of $100 or 20 percent (whichever is greater) of the offer must be made. The payment will be applied toward the outstanding tax debt.
- Submission of the offer does not suspend interest or penalties from accruing.
- All of the following statements must be true:
- The taxpayer must have been assessed for the tax liabilities;
- Opportunities to contest the tax debt and appeal an assessment must have expired;
- The taxpayer must have filed returns for all taxes for all outstanding periods;
- The taxpayer cannot have open bankruptcy proceedings; and
- The taxpayer must agree to all the conditions of the offer, as stated in Form 5181.
Once an offer is approved, the payment of tax debt can be in one of the following ways:
- A lump sum amount;
- In five or fewer equal or unequal monthly installments; or
- In equal monthly installments made over six months or more.
- Note: The taxpayer is expected to pay the entire amount of the offer in as short as time as possible and generally not more than 24 months past the acceptance date.
Acceptance and rejection of an offer by the Department:
- Acceptance is conveyed by the Department of Treasury sending the taxpayer a letter of acceptance.
- Rejection of the offer primarily results when the taxpayer has not followed the submission process, provided correct documentation or made false statements. If rejected, an independent administrative review of the rejection is available upon request by the taxpayer.
- Any compromise is subject to continuing review by Treasury. The Department may revoke an accepted compromise if any of the following occurs:
- Concealed property or income belonging to the taxpayer, the estate of the taxpayer, or any other person liable for the tax;
- The taxpayer intentionally misled the Department by withholding, destroying, falsifying documents submitted or made false statements, relating to the estate or financial condition of the taxpayer to induce a compromise; or
- The taxpayer fails to comply with any of the conditions that were part of an accepted offer or fails to file required returns or pay tax liabilities after an accepted compromise within 20 days after Treasury issues a notice and demand to the person stating that the failure to comply with the conditions of the accepted offer in compromise or the continued failure to file the required returns or pay the tax may result in the revocation of the compromise.
- Note: If a revocation is determined, Treasury will send a letter revoking the offer and reinstating the uncompromised tax debt.
For additional information on Michigan's offer in compromise program, please contact your tax specialist at UHY LLP in Detroit 313 964 1040, Farmington Hills 248 355 1040 or Sterling Heights 586 254 1040, or visit us on the web at www.uhy-us.com.
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ACH PAYMENTS - A PRESCRIPTION FOR PREVENTING "A CONSTANT HEADACHE"
By Chris Peterson, CPA, CFE, CIA
Today, electronic banking transactions via the Automated Clearing House (ACH) network are commonplace for even the smallest businesses. As the volume of ACH transactions increases, so does the likelihood of fraud.
Fraud schemes involving electronic payments are often very complicated. Once an ACH fraud scheme is discovered, fraudsters often disappear in cyberspace leaving behind few, if any, tracks to follow. These attacks are commonly called, "account takeovers".
While some ACH fraud is committed from external sources (hackers, phishing emails, etc.), other fraud may be the result of information obtained from a paper check. The bank account and routing numbers on the bottom of a paper check may be all a fraudster needs to buy goods from online merchants that offer "electronic debit" or "e-check" payment options. An ill-placed sticky note on someone's desk or computer with passwords or other confidential data can be the "keys to the vault" for an ACH fraudster. What can a business do to protect itself? Don't try to reinvent the wheel; many banks offer security tools to prevent unauthorized ACH transactions. One popular tool is commonly called "positive pay". A business using positive pay provides the bank with a register of authorized ACH debits; the bank will only clear preauthorized payments from the list. There is also a "reverse positive pay" program, where the bank allows the business to review and make decisions about ACH debits posted to their account the previous day.
Another simple method for combating ACH fraud is to segregate business bank accounts by the nature of the disbursements (general checking, payroll and ACH). ACH transactions can then be confined to a single account where only enough funds are held to cover the planned daily transactions.
Also, ACH "blocks" can be used to filter out unauthorized business transactions. A business selects the criteria to block certain ACH debits (i.e. amounts over set limits or from unauthorized companies) and the bank won't process transactions which do not comply with the criteria. ACH blocks are easy to implement and they don't require ongoing monitoring by the business.
Other suggested controls include:
- Bolster online security measures. Use dedicated computers for online banking; disconnect them from internal networks. Block access to social networking sites and other risky web sites that may contain malware (malicious software) designed to capture login and password information.
- Use strong passwords (multiple letters, numbers, characters and capitalization) that are unique from the users other passwords. Ensure that secure passwords and ID tokens are changed periodically. Always make changes after an employee is terminated.
- Require segregation of duties for ACH transactions; don't let one individual have reign over electronic disbursements. Ideally, one person creates the ACH payment file, which another person reviews and approvals before transmitting it to the bank. Each day, have an independent person monitor and reconcile ACH activity posted to the bank.
- Review online banking information about any failed log in attempts since the prior successful login.
These simple practices may allow your business to remain outside the reach of an ACH fraudster.
"Those who don't find time for prevention, will have to find time for unwelcome outcomes."
The Earl of Derby (para-phrased).
To learn more about how your company can better protect itself against ACH fraud and other fraudulent activities, please contact your fraud and forensic accounting professional at UHY LLP in Detroit 313 964 1040, Farmington Hills 248 355 1040 or Sterling Heights 586 254 1040, or visit us on the web www.uhy-us.com.
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EVENTS CALENDAR
2/19 Eighth Annual D.M.G.C. Texas Hold Em' Tournament
Thursday, February 19, 2015
Registration at 6:00 PM. Game starts promptly at 7:00 PM.
Star Lanes at Emagine Royal Oak
200 North Main Street
Royal Oak, MI 48067
$100 buy-in and $50 re-buy. VIP prizes for finalists. Chips have no cash value. Must be 18 to play and 21 to consume alcohol.
Contact Jessica Dalessandro at jdalessandro@uhy-us.com or 586 843 2507 to save your spot! Cash, check or credit card contributions accepted in advance or at the door. Sponsorship opportunities available.
UHY Cares in cooperation with the D.M.G.C. and the McCarty family hope to see you there!
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SPECIAL ANNOUNCEMENTS Volunteers From UHY-MI Spend the Day Mentoring DPS Students
Over 30 interns and new staff from UHY LLP Michigan's practice volunteered their time to mentor students at Burton International Academy, a Detroit public school, educating grades kindergarten-four. UHY made this happen by teaming up with Beyond Basics, a local 501c3 nonprofit organization working to improve literacy and raise reading proficiency in inner city schools.
"The children of Burton International Academy were thrilled to interact with interns from UHY in our Beyond Basics rooms. Creating ways for engagement such as this has a lasting impact on these children. We applaud UHY for understanding the importance of community engagement and making it a priority in their intern program," said Karen O'Keefe, Beyond Basics' director of partnerships and development.
Volunteers read stories to kindergarten students, helped first and second graders read and write stories, or read along with third and fourth graders. Those from UHY who participated truly enjoyed the experience. Volunteers were overwhelmed by the abilities and enthusiasm of these students and were thankful for the time they were able to spend with them. "Working with the students was a great opportunity. They were very excited to read their favorite books, and seeing the students trying their hardest to read along shows that Beyond Basics is working hard to help them succeed", said UHY intern, Julia Basso.
Work done by this organization and its volunteers has been proven to have a huge impact on the direction and education of these impressionable young minds - especially with 47% of adults in Detroit being considered functionally illiterate.
"UHY and Beyond Basics have been working together in Detroit Public Schools for a few years now. Each time we connect with the organization and they set up mentoring opportunities for us, it is a rewarding experience and allows our staff to step back and embrace it knowing that they are making a difference in these students lives," said Rina Henning, recruiting manager.
UHY Cares Holiday Fundraising Campaign Raises Nearly $20,000 For Several Local Families In Need
During the holiday season, a time for gifts and celebrations, it is important to remember the true meaning of this special time; generosity and kindness. UHY Cares Michigan, a nonprofit 501c3 organization founded by accounting firm UHY LLP, partnered with Angels of Hope Family Cancer Foundation and Volunteers of America to give a merry Christmas to some families who otherwise would not have had one. Cares sponsored 18 local families for the holidays and raised nearly $20,000 through employee raffles, jean days, bake sales, luncheons and partner matches. Over 30 volunteers from UHY's Farmington Hills and Sterling Heights locations joined forces to shop, wrap and deliver gifts and holiday cheer to 85 people from the metro Detroit area.
In addition to sponsoring these families for the holidays, UHY Cares donated hundreds of items to Toys for Tots and Michigan Humane Society. Monetary donations were also made to other various charities to highlight a successful fundraising season. The holiday campaign is evidence of UHY's promise to give back to the community they serve.
"Every year the holiday fundraising campaign gets bigger and better, allowing us raise and donate more money", said Tom Callan, president of UHY Cares. "More and more employees ask to get involved and volunteer their time to Cares initiatives, ideas are shared and new fundraising ideas are implemented. For example, this year volunteers assembled festive holiday jars with different cookie mixes and other treats that were sold around the offices. Over 50 orders were placed. Just one of many new ideas the Cares team came up with to keep contributions flowing for this great cause."
UHY LLP, a certified public accounting firm, operates its charitable giving activities through UHY Cares, an independent nonprofit 501c3 organization. Cares, which was incorporated over five years ago, was an idea inspired by employees and is volunteer based. Through UHY Cares, employees are able to give back to the community, including helping individuals going through personal emergencies or hardships. UHY Cares Michigan has provided assistance to over 150 local charities and families and continues to grow this list every year.
Careers At UHY
Are you ready to take charge of your career path? Be sure to visit our careers page for the most up-to-date career listings or contact Amanda Sheets at asheets@uhy-us.com or 248 204 9482. Check out some of the current opportunities in our Michigan offices:
- Audit manager, 7+ years of experience
- Audit senior accountant, 5-7 years of experience, CPA required, working with municipalities a plus
- Audit senior staff accountant, 2-4 years of experience
- Tax manager, 7-10 years of experience
- Tax senior accountant, 5-7 years of experience, CPA required
- Director of litigation, testifying experience required
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Published by UHY LLP News.
Copyright � 2013 UHY LLP. All rights reserved.
Our firm provides the information in this newsletter as tax information and general business or economic information or analysis for educational purposes, and none of the information contained herein is intended to serve as a solicitation of any service or product. This information does not constitute the provision of legal advice, tax advice, accounting services, investment advice, or professional consulting of any kind. The information provided herein should not be used as a substitute for consultation with professional tax, accounting, legal, or other competent advisors. Before making any decision or taking any action, you should consult a professional advisor who has been provided with all pertinent facts relevant to your particular situation. Tax articles in this newsletter are not intended to be used, and cannot be used by any taxpayer, for the purpose of avoiding accuracy-related penalties that may be imposed on the taxpayer. The information is provided "as is," with no assurance or guarantee of completeness, accuracy, or timeliness of the information, and without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, and fitness for a particular purpose.
UHY Advisors, Inc. provides tax and business consulting services through wholly owned subsidiary entities that operate under the name of "UHY Advisors." UHY Advisors, Inc. and its subsidiary entities are not licensed CPA firms. UHY LLP is a licensed independent CPA firm that performs attest services in an alternative practice structure with UHY Advisors, Inc. and its subsidiary entities. UHY Advisors, Inc. and UHY LLP are U.S. members of Urbach Hacker Young International Limited, a UK company, and form part of the international UHY network of legally independent accounting and consulting firms. "UHY" is the brand name for the UHY international network. Any services described herein are provided by UHY Advisors and/or UHY LLP (as the case may be) and not by UHY or any other member firm of UHY. Neither UHY nor any member of UHY has any liability for services provided by other members.
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