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topofpageOCTOBER 2015

IN THIS ISSUE 

 

2016 Recruiting

 

Simplifying Business Combinations

 

Michigan Nexus

 

Tax Amnesty Programs

 

ACA Update

 

Bonus Depreciation

 

Audit Committee and Audit Assessments

 

Going Concern

SPECIAL ANNOUNCEMENTS
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First
WE'RE LOOKING FOR 2016 TALENT NOW!
 
UHY LLP, one of southeast Michigan's largest accounting firms, is gearing up for busy season and now recruiting for experienced, entry-level and administrative positions within multiple departments. With offices in Detroit, Farmington Hills and Sterling Heights, we offer recruits the opportunity to work with clients in a wide-range of industries and engage in various practice areas including audit and assurance, tax planning and compliance, business advisory, corporate finance, and forensic, litigation and valuation services. Our firm provides accelerated opportunities for success and advancement and allows every professional the ability to create a career path unique to their own goals and needs.

Contact Yolanda Rountree to learn more about what UHY has to offer you.

By Gina Greenhow

Retrospectively, reporting measurement period adjustments to amounts recognized in business combinations will soon be a thing of the past. Stakeholders shared that the cost outweighed the benefit and the Financial Accounting Standards Board (FASB) listened. On Friday, Sept. 28 the FASB issued Accounting Standards Update (ASU) No. 2015-16, Business Combinations (Topic 805): Simplifying the Accounting for Measurement-Period Adjustment, as part of its simplification initiative. The ASU requires an acquirer to recognize measurement period adjustments in the reporting period in which the adjustment amounts are determined and does away with the current GAAP requirement to retrospectively adjust the provisional amounts recognized. The update also requires that the acquirer show on the financial statements the current period effect on earnings due to changes in depreciation, amortization or any other income effects. In addition, the amount recorded in current period earnings that would have been recorded in previous reporting periods, if the adjustment had been recognized on the acquisition date, should also be presented on the face of the income statement or disclosed in the notes.
This guideline goes into effect for public business entities with fiscal years beginning after Dec.15, 2015 and for all other entities with fiscal years beginning after Dec.15, 2016. Earlier application is permitted for financial statements that have not yet been issued

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. 
   
Nexus
MICHIGAN ANNOUNCES "AFFILIATE NEXUS" AND "CLICK-THROUGH NEXUS"
By Susan Wagner

The Department of Treasury has announced for transactions occurring on and after Oct. 1, 2015, out-of-state retailers are required to remit sales or use tax on sales into Michigan if the seller has nexus under affiliate and click-through nexus requirements.

AFFILIATE NEXUS
Effective Oct. 1, 2015, a seller that sells tangible personal property to a purchaser in Michigan is presumed to be engaged in the business of making sales at retail in Michigan if the seller or a person (including an affiliated person) other than a common carrier, engages in or performs any of the following activities in Michigan:

"Affiliated person" means either of the following: (1) any person that is a part of the same controlled group of corporations as the seller; or (2) any other person that bears the same ownership relationship to the seller as a corporation that is a member of the same controlled group of corporations. A "controlled group of corporations" means that term as defined in IRC � 1563(a).

The "affiliate" presumption can be rebutted by a demonstration that a seller's or person's activities in Michigan are not significantly associated with the seller's ability to establish or maintain a market in Michigan for the seller's sales of tangible personal property to purchasers in Michigan.

CLICK-THROUGH NEXUS
The click-through provision states that a seller is presumed to be engaged in business in Michigan if the seller enters into an agreement with one or more residents under which the resident, for a commission or other consideration, directly or indirectly, refers potential customers, by a link on an Internet website, in-person oral presentation, or otherwise, to the seller, if both of the following conditions are satisfied:
  1. the cumulative gross receipts from sales by the seller to purchasers in Michigan who are referred to the seller by all residents of Michigan with an agreement with the seller are greater than $10,000 during the immediately preceding 12 months; and
  2. the seller's total cumulative gross receipts from sales to purchasers in Michigan exceed $50,000 during the immediately preceding 12 months.
A seller of tangible personal property is be presumed to have nexus with Michigan and must register with the Department and collect the use tax, if the seller enters into such an agreement with one or more Michigan residents.
The presumption can be rebutted by a demonstration that the Michigan residents with whom the seller has an agreement does not engage in any solicitation or any other activity within Michigan that was significantly associated with the seller's ability to establish or maintain a market in Michigan for the seller's sales of tangible personal property to purchasers in Michigan. The presumption is considered rebutted by evidence of all of the following:
  • written agreements prohibiting all of the residents with an agreement with the seller from engaging in any solicitation activities in Michigan on the seller's behalf; and
  • written statements from all of the residents with an agreement with the seller stating that the resident representatives did not engage in any solicitation or other activities in Michigan on behalf of the seller during the immediately preceding 12 months, if the statements are provided and obtained in good faith.
An agreement under which a seller buys advertisements from a person in Michigan, to be delivered through television, radio, print, the Internet, or any other medium is not an agreement described in this presumption unless the advertisement revenue paid to the person in Michigan consists of commissions or other consideration that is based upon completed sales of tangible personal property.

The above provisions regarding affiliate and click-through nexus apply to transactions occurring on or after their effective date and without regard to the date the seller and the resident entered into an agreement. The 12 months before the bill's effective date are included as part of the immediately preceding 12 months for purposes of the presumption involving a business agreement.

For more information or questions on this topic, please contact your profressional at UHY LLP in Detroit 313 964 1040, Farmington Hills 248 335 1040 or Sterling Heights 586 254 1040, or visit us on the web at www.uhy-us.com.

By Susan Wagner

Tax amnesty programs are limited time opportunities for a specific group of taxpayers to pay a certain amount in exchange for forgiveness on a tax liability from a previous tax period without criminal prosecution. 

Be sure to take advantage of tax amnesty programs currently available in the following states. Most types of tax liabilities will qualify and interest charges, penalties and collections fees are often waived.
  • Arizona (September 1-October 31, 2015)
  • Indiana (September 15-November 15, 2015)
  • Kansas (September 1- October 15, 2015)
  • Maryland (September 1-October 30, 2015)
  • Missouri (September 1- November 30, 2015)
  • Oklahoma (September 14-November 13, 2015)
Need to find out how to take advantage of tax amnesty opportunities? Want to know more about programs in other states? 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.

Form
ACA UPDATE: ATTENTION ALL EMPLOYERS AND SELF-INSURED HEALTH PLAN SPONSORS
By Michael Palmer

The IRS has released finalized versions of two important tax forms that employers and all health insurance providers will need to file for the 2015 calendar year.

Under IRC Code Sec. 6055, health insurance providers offering "minimum essential coverage" (MEC) must file annual returns that report to each individual that receives health care coverage. This allows the IRS to verify the individuals maintained health coverage and also reconcile the months in which they were covered. Typically, the health insurance companies will provide form 1095 to its covered individuals, but those employers with self-funded plans will be also required to complete the form and filing requirement.

The IRS also requires all "applicable large employers" (ALEs) to report the cost of their offered health insurance to each employee, under Code Sec. 6056. An "ALE" is defined as those employers who had an average employment level of 50 full-time employees in the immediate preceding calendar year.

Employers and insurance providers alike will use Form 1095 Employer-Provided Health Insurance Offer and Coverage and Form 1094 Transmittal of Coverage Information to report the costs to those covered individuals under the plan, as well as their months of coverage.

The health care law requires applicable employers and insurance providers to submit the 2015 Form 1095 to individuals by Feb. 1, 2016, the same timing as their W-2 forms. The respective transmittal submitted to the IRS, Form 1094, will be due at the same time as employers W-3, typically Feb. 28, 2016.

For assistance with the implementation of the many provisions of the Affordable Care Act, contact your professional at UHY LLP in Detroit 313 964 1040, Farmington Hills 248 355 1040, Sterling Heights 586 254 1040, or visit us on the web at www.uhy-us.com.

Second
FIFTY PERCENT BONUS DEPRECIATION BECOMES PERMANENT PART OF TAX CODE
By Cheryl Feldman, CPA

On Sept. 17, the House Ways and Means Committee passed a bill to make 50 percent bonus depreciation a permanent part of the tax code. The important capital investment incentive expired at the end of 2014. Prior to the August congressional recess, the Senate Finance Committee approved reinstating 50 percent bonus depreciation and increased Sec. 179 levels ($500,000 allowance and $2 million phase out) for two years (2015 - 2016).

While movement on these important capital investment incentives is encouraging, the provisions likely won't be enacted until the end of the year as part of a broader "extenders" package. For the latest developments, 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. 
   
By Michael Baum, CPA

While the external auditor has a responsibility to maintain objectivity and independence during an audit, the audit committee is also charged with several responsibilities. Overall, the audit committee must oversee the external auditor and the quality of the auditor's work. Specifically, only the audit committee can negotiate and agree upon audit fees, determine the scope of the audit work to be performed, and make recommendations and appointments of auditors. Audit committees should also report results of quality inspections of the auditor performed during the period. Finally, the audit committee should disclose and document its assessment of the effectiveness of the external audit process. This is an important aspect of corporate governance and can help ensure that the auditor is held accountable for the work performed.

When selecting an external auditor, it is important that the audit committee or those charged with governance consider factors such as: the auditor's experience and technical expertise, how the audit report will meet needs of the shareholders, and the timing of the audit. During the audit, the committee should consistently communicate with management and the auditors as this will help influence the overall efficiency and effectiveness of the audit. The auditor will communicate items such as auditing and accounting issues that arise in reports to those charged with governance.

After the audit, the audit committee should assess the quality of the auditor's work. The committee can inquire with management or key employees that worked with the auditor to assess performance. Also, the audit committee can measure quality based on the delivery date of the final audit report. Finally, the committee can assess quality based on how the final audit report will add value to the company. For example, industry-specific metrics and supplementary information could be beneficial to stakeholders and other interested parties. In many cases, the auditor may offer additional services or resources for future transactions.

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.

By Lori DiLisio, CPA

Back in August 2014, Accounting Standards Update (ASU) No. 2014-15, Presentation of Financial Statements - Going Concern (Subtopic 205-40): Disclosure of Uncertainties about an Entity's Ability to Continue as a Going Concern was issued by the Financial Accounting Standards Board (FASB). The standard establishes management's responsibility to evaluate whether there is substantial doubt about the organization's ability to continue as a going concern and provides related footnote disclosures under US generally accepted accounting principles (GAAP). Going concern guidance was not officially codified under US GAAP prior to issuance of No. 2014-15. The standard is effective for years ending after Dec. 15, 2016 with early adoption permitted.

The required time period for evaluating conditions that may raise substantial doubt about an entity's ability to continue as a going concern is one of the most significant changes included in the new guidance and requires consideration within one year after the date that the financial statements are issued (or within one year after the date that the financial statements are available to be issued when applicable). Under current auditing standards, consideration ends one year from the date of the financial statements being audited.

GAAP requires financial statement disclosures for the following:
  1. Substantial doubt is raised but is alleviated by management's plans (substantial doubt does not exist)
  2. Substantial doubt is raised and is not alleviated (substantial doubt exists)
The standard defines substantial doubt as the following, "substantial doubt about an entity's ability to continue as a going concern exists when conditions and events, considered in the aggregate, indicate that it is probable that the entity will be unable to meet its obligations as they become due within one year after the date that the financial statements are issued (or within one year after the date that the financial statement are available to be issued when applicable.) The term probable is defined as "the future event or events are likely to occur."

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. 
   
Events
EVENTS CALENDAR 

10/22 UHY LLP ANNUAL MANUFACTURING OUTLOOK
Join us at The Detroit Athletic Club for Manufacturing Outlook: "Built To Compete": Embracing Risk For a Sustainable Future, featuring keynote Cindy Pasky of Strategic Staffing Solutions. The schedule of events is as follows:

7:30AM-8:00AM Registration, breakfast and networking
8:00AM-8:10AM Opening commentary
8:10AM-8:35AM Washington's roadmap for American manufacturing sustainability
8:35AM-9:05AM Business conditions as the cycle is maturing
9:05AM-9:35AM Governance options to gain access to experience
and expertise
9:35AM-9:45AM Refreshment break
9:45AM-10:15AM Sustainability through accountability
10:15AM-10:45AM Family-owned business sustainability
10:45AM-11:15AM Attracting talent to build a competitive sustainable organization
11:15AM-11:30AM UHY Cares supporting The Empowerment Plan

CPE credit available. Shinola watch to be auctioned off to benefit
The Empowerment Plan.

Pre-registration for this complimentary program is required. Breakfast will be provided. Space is limited. Multiple registrations are welcome. To RSVP contact Jessica Dalessandro.

11/6 PLANNING FOR YOUR TAX EXEMPTION IN 2016
Take advantage of the substantial savings your company is eligible for beginning January 1, 2016 as a result of the August 2014 MMA-led successful ballot campaign to eliminate the Personal Property Tax (PPT). Learn the steps you need to take to file for your exemption and start saving on the local manufacturing PPT. Join Mike Johnston, MMA Vice President of Government Affairs, on Friday, November 6 plus experts from the Michigan Department of Treasury and Honigman, Miller, Schwartz, and Cohn, LLP. Attendees will learn necessary filing deadlines, coming early 2016, and the required information to qualify for exemption.

Who should attend? Manufacturing owners and managers, controllers, tax managers, accounting and tax staff, CFOs and others interested in state tax.

To register contact Sarah Pytel or 517 487 8521. This program is co-hosted by Michigan Manufacturers Association and the Sterling Heights Regional Chamber of Commerce. The cost is $75 for MMA members and $125 for non-members. UHY LLP is located at 12900 Hall Road in Sterling Heights. The training facility is on the fourth floor.

11/12 UHY LLP ANNUAL CONSTRUCTION OUTLOOK
Save the date for Construction Outlook 2016! Join us at UHY's training center in Farmington Hills to learn more about developing industry trends including employee retention through compensation and long-term incentives, management and union relations, current tax updates you need to know and the latest on the Affordable Care Act.

Thursday November 12
7:00AM-9:30AM

CPE credit will be offered. Pre-registration for this complimentary program is required. Breakfast will be provided. Space is limited. Multiple registrations are welcome. To RSVP contact Drew Matthews. Formal invitation to follow.

SAVE THE DATE! MORE UHY EVENTS ARE JUST AROUND THE CORNER...
12/2 UHY LLP Annual Accounting and Regulatory Update
 
SpecAnnounc 
SPECIAL ANNOUNCEMENTS   

UHY LLP PARTNER, JERRY GRADY, RECOGNIZED AS VOLUNTEER OF THE YEAR BY CANTON COMMUNITY FOUNDATION
Jerry Grady, a partner from UHY LLP's Michigan practice, was recently recognized as 'Volunteer of the Year' from the Canton Community Foundation in participation with the Plymouth Chamber of Commerce. Jerry received the State of Michigan certified award from State Representative Kurt Heise. The award was presented to Jerry at the Annual Volunteer Recognition Ceremony at the Plymouth Community Chamber of Commerce event. He has served on the Canton Foundation Board for the past six years as well as having served multiple committees in the Foundation which included help with development, finance, governance, golf and fundraising events, etc.

"The past three years I had overseen our Foundation losing our director of 20 plus years who resigned suddenly and I took over as acting director for a year running the Foundation and the staff. We put a new director in place and she lasted six months and thus I had to throw my hat back on again. The Foundation was told by many in the community that it would not survive when we lost our long serving director and obviously when the next one left they thought for sure the lights would go out. Well they never heard the phrase 'There is no Q in Grady'," jokes Jerry. "We actually have become a stronger and more solid Foundation during this turmoil and have done some amazing things since obstacles were removed and we could focus on impacting the community. In addition, it allowed us to take a step back and create a vision and strategy with a clean white board to work on."

During his time served on the board, the Foundation has created and impacted the community by awarding $500,000 to the community. "I have led a board of 15, an executive committee of four, and a staff of three for the past three years and they told me that without my leadership, my dedication, my service hours, and my vision, the Foundation would have had to fold with another or have just collapsed. I guess with all the hundreds, if not thousands of hours I have put into this over the past six years, they felt I was deserving," he explains. "I was taught at a young age that when you are blessed, you should give back to the community in any way you can. I have always seen that the more I gave of my time, the more blessed I find myself, not just in monetary ways, but in ways you only feel when the impact is felt by others. My family has always lived the Three T's model... time, talent and treasure."

Congratulations, Jerry!

SA2UHY ADVISORS MI, INC. EARNS MBPA 'BEST & BRIGHTEST COMPANY' HONOR FOR 12TH STRAIGHT YEAR
UHY Advisors MI, Inc. has been voted by the Michigan Business & Professional Association (MPBA) as one of 2015's best and brightest companies to work for in Metropolitan Detroit for the 12th year in a row! Only companies that distinguish themselves as having the most innovative and thoughtful human resources approach can be bestowed this honor.

"We are honored to recognize the efforts of this year's 'Best and Brightest' companies. These companies have created impressive organizational value and business results through their policies and Best Practices in human resource management. This award has become a designation sought after by hundreds of Metropolitan Detroit area companies and is a powerful recruitment tool in the drive to attract and retain exceptional employees," said Jennifer Kluge, President and CEO of MBPA.

The Best and Brightest Companies to Work For� is a program of the Michigan Business and Professional Association that provides the business community with the opportunity to gain recognition, showcase their best practices and demonstrate why they are an ideal place for employees to work. This national program celebrates those companies that are making better business, creating richer lives and building a stronger community as a whole. It is presented annually in several markets including Atlanta, Boston, Chicago, Dallas, Detroit, Houston, Milwaukee, San Diego, San Francisco Bay Area, and Nationally. Nominations are now being accepted for 2016. Visit www.101bestandbrightest.com to obtain an application.

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 listings or contact Yolanda Rountree. Current opportunities in our Michigan offices include:
  • Audit Manager, 7+ years of experience, manufacturing experience is highly preferred
  • Audit Manager, 7+ years of experience, SEC experience is highly preferred
  • Audit Senior Accountant, 5-7 years of experience, CPA required
  • Internal Audit Risk & Compliance Manager, 7+ years of experience
  • R&D Tax Specialist, 7+ years of experience
  • Tax Manager, 7-10 years of experience
  • 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

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.