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JULY 2015

IN THIS ISSUE 

 

Tax Implications of Same-Sex Marriage Ruling

 

ACA Subsidies Upheld by Supreme Court

 

PCORI Fee Due July 31

 

Why UHY Corporate Finance

 

Protecting Yourself from IRS- Related Scams

SPECIAL ANNOUNCEMENTS


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TAX IMPLICATIONS OF RECENT SUPREME COURT RULING ON SAME-SEX MARRIAGE

By Amy Perzanowski, CPA

On Friday, June 26, in a 5-4 ruling, the Supreme Court held in Obergefell v. Hodges that the 14th amendment requires all states to license a marriage between two persons of the same sex and to recognize same-sex marriages validly performed out of state. This ruling will provide both same-sex and opposite-sex married couples with the same state and federal rights and privileges across all 50 states and the District of Columbia.

Before the decision, same-sex married couples were able to file joint tax returns at the federal level as a result of the 2013 US Supreme Court case, US v. Windsor. The 37 states that already recognized same-sex marriage generally require same-sex married couples to use the same filing status on their state returns as on their federal return. However, most states that did not recognize same-sex marriage required couples to file individually or as head of household. Some states even required same-sex married couples that filed jointly at the federal level to prepare pro forma individual returns for their federal taxes, creating an additional burden for those couples.

It is expected that states will soon issue tax guidance on how same-sex couples can file joint returns and whether couples who were already married can file amended returns for 2014.

It is expected that all couples will now have the opportunity to:
Make unlimited gifts to one other without having to worry about gift tax implications;

 

  • Leave property to one another without the survivor needing to pay estate taxes;
  • Leave an IRA to the surviving spouse as a "rollover" IRA, which is treated much more favorably for tax purposes than an "inherited" IRA;
  • Qualify as a surviving spouse for purposes of determining Social Security benefits'
  • Rights to visit each other in the hospital, or act as guardian or conservator for an incompetent spouse;
  • Rights to file joint state income tax returns, thus saving money in many cases;
  • Rights to inherit property under a state's intestacy statute, or to act as executor or personal representative of a deceased spouse's estate; and importantly,
  • Enable same-sex couples to end a marriage that did not work out. Most states allow anyone to obtain a marriage license-regardless of where a couple is living. However, a couple generally cannot file for divorce in the court of any state in which they do not live.

 

For more information or questions on this topic, please contact your 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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AFFORDABLE CARE ACT SUBSIDIES UPHELD BY SUPREME COURT

By Chris Clark
 

On Thursday, June 25, the US Supreme Court delivered a highly-anticipated decision that could have changed the face of the Affordable Care Act (ACA). Chief Justice Roberts delivered the 6-3 decision on King v Burwell, stating that premium tax credits under Code Sec. 36B aren't just limited to taxpayers residing in states that have health insurance exchanges. The High Court ruled that health insurance subsidies, designed to make health insurance affordable for qualified taxpayers, are also available to taxpayers in states which only offer the Federal Facilitated Exchange. Over 6 million people were at risk of losing their individual subsidies because they reside in one of the 37 states without their own health insurance exchanges and the formulas for calculating the employer shared responsibility penalties could have been rendered useless based on the state in which a company resided.


With this latest decision, the ACA remains status quo, and employers need to continue planning for implementation and retain necessary information to meet the reporting requirements in a timely manner. Employers with more than 50 full-time equivalents will begin reporting for the 2015 calendar year under the IRS Code Section 6056 rules. Employers may use Form 1095 (due January 31, 2016) and Form 1094 (due February 28, 2016) to meet this reporting requirement.

For the latest on the Affordable Care Act, please contact your 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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ATTENTION EMPLOYERS WITH SELF-INSURED TYPE HEALTH PLANS: EXCISE TAXES DUE JULY 31
By Todd Tigges, CPA

As part of the Affordable Care Act (ACA), one of the many excise taxes imposed by this act is again quickly approaching. The Patient-Centered Outcomes Research Institute (PCORI) fee is an excise tax imposed on health insurance issuers and plan sponsors of self-insured health plans effective for plan years ending on or after October 1, 2012. The fee is calculated at $2 per covered life for plan years ending after Oct. 1, 2013 and increases to $2.08 per covered life for those plan years ending on of after Oct. 1, 2014 and before Oct.1, 2015. This fee is due by July 31 each year with increases corresponding to the medical inflation rate up until 2019.

While many employers with fully-insured plans have already seen these new fees built into their renewal costs, those companies with self-insured health plans need to pay and report this fee with their second quarter excise tax filing on Form 720. Employers who sponsor a self-fund prescription plan or HRA type plan will fall into this reporting requirement. The IRS has specifically stated that for these self-insured health plans, third party administrators will not be allowed to collect these fees or file the required Form 720. These PCORI fees must be paid and reported no later than July 31 of the year following the last day of the policy or plan year. This means companies who sponsor and have a self-insured type of health plan WILL need to act before July 31, 2015.

If you currently file Form 720, you will add this fee to your second quarter report. If you have never filed Form 720 before, there may be some additional registration needed to file and remit the fee. The IRS has issued some guidance to aid in the method for calculating "covered lives" and often times your plan administrator may have provided you with some details for this calculation.

To assist with the calculation and preparation of the required Form 720, please contact your 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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PROTECTING YOURSELF FROM IRS-RELATED SCAMS

By Jessica Williams

 

Since October 2013, the Treasury Inspector General for Tax Administration (TIGTA) has become aware of a phone scam in which individuals, fraudulently claiming to be IRS officials, make unsolicited calls to taxpayers demanding that the taxpayers send cash via prepaid debit cards. Over the last couple of months, it appears these scam artists have stepped their efforts to prey on innocent taxpayers.

To protect yourself from becoming a victim of an IRS-related phone scam, please be advised that the IRS will never initiate the following over the phone:
  • Call to demand immediate payment, nor will the IRS call about taxes owed without first having mailed you a bill
  • Demand that you pay taxes without giving you the opportunity to question or appeal the amount they say you owe
  • Require you to use a specific payment method for your taxes, such as a prepaid debit card
  • Ask for a credit or debit card number over the phone
  • Threaten to bring in local police or other law-enforcement groups to have you arrested for not paying
If you get a phone call from someone claiming to be from the IRS and asking for money, here's what you should do:
  • If you know you owe or think you might owe taxes, ask for a call back number and an employee badge number. Call the IRS at 1-800-829-1040. IRS employees will assist you with a payment issue.
  • If you don't owe taxes or have no reason to believe that you owe, report the incident to TIGTA at 1-800-366-4484 or at www.tigta.gov.
  • If you've been targeted by this scam, also contact the Federal Trade Commission and use its "FTC Complaint Assistant" at FTC.gov. Please add "IRS Telephone Scam" to the comments of your complaint.
Remember too, that the IRS does not use email, text messages, or any social media to discuss your personal tax issue involving bills or refunds. There have been many instances where people received scathing emails indicating they owe additional tax and provide a convenient link for you to pay. If you get a 'phishing' email, the IRS offers this advice:
  • Don't reply to the message
  • Don't give out your personal or financial information
  • Forward the email "as-is" to phishing@irs.gov, then delete the email
  • Don't open any attachments or click on any links; they may have malicious code that will infect your computer
Due to these scams, taxpayers should take special precaution when contacted by the IRS and follow the guidelines listed above. Never hesitate to ask questions and/or seek the advice of your 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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SpecAnnounc 

SPECIAL ANNOUNCEMENTS   

 

UHY LLP Potential Recruits Work with DPS Students to Sharpen Reading and Writing Skills

On Thursday, June 4, UHY LLP's Michigan practice invited a group of students from Thirkell Elementary in Detroit to their Farmington Hills office to help them develop stories for the Beyond Basics Publishing Center. UHY teamed up with Beyond Basics, a local 501c(3) nonprofit organization working to improve literacy and raise reading proficiency in inner city schools, to host students to help improve reading comprehension and expand the students' vocabularies.

Nearly 20 college recruits and other UHY employees gathered at UHY's training facility to help students from Mrs. Jackson's third grade class write their own personal stories. Each volunteer was assigned a student to mentor for the day. The recruits started by getting to know the students. With this information, the students created a short story that was designed to enhance vocabulary and sharpen writing skills. After the stories were written, each student was able to pick a book of their choice and read to their "buddy" or mentor.

As a result, 16 new stories were created for the Beyond Basics Publishing Center. This community event was part of UHY's Connect program. The program allows college recruits to get to know more about the organization, work with UHY employees, and experience some of the corporate social responsibility initiatives UHY takes part in. Both the students and UHY recruits benefited greatly from the experience.

"We have been working with Beyond Basics for the past four years, pairing our interns and college recruits with students from Detroit Public Schools. The objective of this program is to not only help strengthen the reading and writing skills of elementary school students but to also give our interns and recruits an understanding of UHY's commitment to giving back to the community and experiencing a volunteer outing first hand," said Rina Henning, UHY LLP recruiting manager.

UHY LLP places great emphasis on being active within the community from each recruits' first connection with the firm because corporate social responsibility is a high priority at all levels within the company. The firm also has its own independent 501c(3) organization, UHY Cares. 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.

Beyond basics has been active in the Detroit community since 1999.Their mission is to guide and support children in economic need to develop fundamental educational skills. They aim to move these children beyond the basics and prepare them for productive and meaningful lives. The work the organization does, shaping the minds of grade school children, is especially important because nearly 50% of adults in Detroit are considered functionally illiterate.
 

CorpFinUHY Corporate Finance Advises on Crain's Deal of the Year

As reported in Crain's Detroit Business in late March, UHY Advisors' Corporate Finance team presented private equity firm O2 Investment Partners LLC with the potential acquisition of a technology client, PC Treasures, Inc. At first Jay Hansen, managing partner of O2, had a hard time grasping PC's business. PC Treasures is a multi-channel distributor of licensed multimedia bundles and cutting-edge computer, tablet and smartphone accessories, and other specialty products. It took a while for Hansen and his staff to understand PC's niche, causing the deal to take longer, but the light finally went on.

Due diligence taught Hansen and Todd Fink, another O2 managing partner, that there was a profit to be made in bundling. They also learned that they were compatible with the co-founders of PC Treasures. The deal was especially complex because PC has a unique business model. They were launching a new major product and it was the middle of their busiest season. It was also imperative that the "family" culture remained intact to maintain great customer relationships built on mutual trust and quickly capitalize on new market opportunities.

The unique nature of the transaction forced the advisors on the deal to come up with creative solutions that would meet the needs of all parties. Despite the complications, the deal went smoothly and PC's co-founders Brian Austin and Les Thomas agreed to invest some of the proceeds from the sale back into the company.

The deal closed in November 2014, PC Treasures busiest season, and was awarded "Deal of the Year: Best Deal under $100 Million" by Crain's Detroit Business. UHY's team played a crucial role in facilitating the transaction. Operating under Steve McCarty; Aaron Witalec, Bob Kendall and Alex Conti acted as sell side advisors on the deal.
 

CareersCareers 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 Yolanda Rountree at yrountree@uhy-us.com or 586 843 2642. Check out some of the current opportunities in our Michigan offices:
  • Audit Manager, 7+ years of experience, manufacturing experience is highly preferred
  • Audit Manager, 7+ years of experience, SEC experience is highly preferred
  • Audit Accountant, 2-10 years of experience working with municipalities
  • Audit Senior Staff Accountant, 2-4 years of experience
  • Internal Audit Risk & Compliance Manager, 7+ years of experience
  • R&D Tax Specialist, 7+ years of experience
  • Tax Manager, 7-10 years of experience, marketing experience is required
  • Tax Senior Consultant, 4-5 years of experience, Big 4 experience is required
  • Tax Senior Accountant, 5-7 years of experience, CPA required
  • Director of Litigation, testifying experience required municipalities
  • Senior Associate (Corporate Finance), 2-4 years of Big 4 experience highly preferred
  

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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.