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CONSIDERING THE EFFECT OF ACCOUNTING CHANGES ON USERS OF FINANCIAL STATEMENTS
When auditors of not-for-profit organizations can provide the optimal level of assurance on an organization's financial statements, the report will say "the financial statements present fairly, in all material respects, the financial position of the organization and the changes in its net assets and cash flows." The question naturally arises, then: what is meant by "material"? Auditing standards define materiality as something that could influence "the judgment of a reasonable person relying on the information." Thus, materiality is not only quantitative but qualitative as well.
With that in mind, it is advisable to consider the many recent accounting changes and what material effect they will have on the users of financial statements.
Going concern issues In August 2014, the Financial Accounting Standards Board (FASB) released Accounting Standards Update (ASU) 2014-15, revising the criteria for considering going concern basis for calendar years beginning in 2016. Prior to this, auditors had to consider whether an organization is likely to continue in operation for a year following the date of the financial statements-the statement of financial position or balance sheet date.
If an organization had a financial structure that made this difficult to attest to, such as a negative net assets balance, they could put off their audit until later in the year, shortening this period to a few months. The new ASU changes the date when the clock starts on the year of viability. Henceforth, auditors must consider whether an organization will continue in operation for a year following the issuance of financial statements-the auditor's report date.
Because no auditing procedures can be performed after issuance, this change eliminates the delay strategy and forces auditors to address going concern in the auditors' report. Bringing the issue up in the auditors' report will inform all users and raise concerns among grantors and donors.
Extraordinary items In January 2015, FASB released ASU 2015-01, eliminating the concept of extraordinary items. In it, the FASB concluded there is no clear way to define the concept of "unusual and infrequent" on a ubiquitous basis, so they agreed to end the practice altogether. Before ASU 2015-01, events or transactions that met the then-current criteria for classification as an extraordinary item were required to be segregated from the results of ordinary operations and shown separately in the statement of activities, net of tax, after income from continuing operations. Beginning in 2016, if a nonprofit faces some unexpected calamity that would historically be classified as an extraordinary item, such as earthquake damage in Illinois, they would no longer be permitted to segregate this amount from operating expenses, although they may still report it as a separate line item within operating expenses. Still, this increase in total expenses may raise concerns among some users.
Debt financing costs In April 2015, FASB released ASU 2015-03, changing the way debt financing is presented on the financial statements. Beginning in calendar year 2016, organizations must reclassify capitalized financing costs from the asset side of the statement of financial position and, instead, classify it as a subtraction from liabilities. Thus, total assets will be lower than in prior years for organizations that had previously recognized financing costs as an asset.
Investments using net assets value as a practical expedient In May 2015, FASB released ASU 2015-07, eliminating the requirement to include investments valued at their net asset value in the fair value hierarchy disclosure, beginning in 2017. Instead, nonprofits will be required to provide a reconciliation between the fair value hierarchy disclosure total and the investments reported on the statement of financial position. This change will tend to draw these investments to the attention of users and distinguish them from other investments-a qualitative difference in reporting.
Revenue recognition In May 2014, FASB released ASU 2014-09, clarifying the GAAP requirements for recognizing revenue from contracts with customers. Beginning in calendar year 2019, organizations must recognize revenue from contracts, such as research and development grants, based on the achievement of major milestones in the contracts rather than on the passage of time. Because considerable effort may be required before a milestone can be said to have been achieved, this new reporting may tend to delay revenue recognition, depressing the bottom line of nonprofits' and others' statements of activity in the early years of multi-year contracts. The new revenue recognition requirements will be applied retroactively upon implementation, so nonprofits need to start identifying contracts and customers now.
Not-for-profit financial statement presentation In August 2016, FASB released ASU 2016-14, making numerous changes in the presentation of nonprofit financial statements, beginning in calendar year 2018. This ASU establishes new requirements in the areas of net assets, investment return, functional expenses, and operating cash flows. Additionally, nonprofits will have to provide detailed information about liquidity and how they plan to use available cash to cover expenses for the year following the date of the financial statements. The information is required to be both narrative and tabular. Nonprofits that have borrowed from their restricted funds to cover general expenses will need to disclose this.
Leases In February 2016, FASB released ASU 2016-02, a long anticipated attempt to align accounting principles in the United States with internationally recognized standards. This change in accounting may be the most impactful of the current batch of new standards.
When adopting this ASU, nonprofits and all other entities will be required, beginning in calendar year 2020, to recognize a liability for any leases under which they are obligated to make payments. Entities will also be required to recognize an asset valued at the same amount. Net assets won't change (the asset and liability will offset each other). But, reporting and debt ratios (standard in most loan covenants)-such as debt-to-equity ratios-will change dramatically. The effect will be largest for new leases. Debt to equity ratios, as currently formulated, will increase significantly, placing many borrowers into default on their loan covenants.
Although it may seem that nothing has changed, financial institutions may perceive a difference in risk between nonprofits with large new leases and those without. The time for all entities to address this with their lenders is now, while they still have some leverage.
Changes to financial statements are here... and are coming. UHY LLP professionals are available to analyze your nonprofit's existing financial reporting relationships and consider the effect of accounting changes, including providing pro forma drafts of how current financial statements would look when the changes have been implemented.
For more information, please contact a member of the firm's National Not-For-Profit Practice 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 Wyatt Hardiman, Senior Manager
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MAINTAIN YOUR TAX-EXEMPT STATUS There are several reasons for which a public charity can lose its tax-exempt status - and the most common is also the most easily avoidable. Each year thousands of nonprofits lose their tax-exempt status for failure to fulfill annual filing requirements. More specifically, they fail to file the Form 990, Return of Organization Exempt From Income Tax. If an organization fails to file the Form 990 for three consecutive years, their nonprofit status is automatically revoked. Even if an organization has no financial activity, it is still required to file the Return of Organization Exempt From Income Tax. However, the IRS has made it fairly easy for organizations without activity to stay in compliance with filing requirements. If gross receipts are under $50,000, the 990N, Electronic Notice (e-Postcard) for Tax-Exempt Organizations Not Required to File Form 990 or Form 990-EZ, can be filed. The only information needed for a 990N is the EIN, name and address, principal officer information and confirmation that gross receipts are under $50,000. For organizations with gross receipts between $50,000 and $200,000 Form 990EZ is available, and for organizations with gross receipts over $200,000 the full Form 990 must be submitted. The Form 990 is not the only filing required for a nonprofit to stay in good graces with the IRS. Payroll tax reporting must also be in good standing and compliance with state filing requirements is also required. Typically, state requirements would include the filing of a corporate annual report, a charitable solicitation registration and if applicable, sales tax reporting. Other items that can jeopardize a tax-exempt status relate to proper governance or engagement in activities that preclude an organization for operating for the public good. These activities can include private benefit/inurement, substantial efforts to influence legislation, substantial unrelated business income, operating outside its exempt purpose and improper recordkeeping. Private benefit/inurementA nonprofit organization may not be organized or operated for the benefit of private interest, and no part of an organization's earnings may inure to the benefit of individuals. This restriction is to ensure that nonprofits service the public interest, not a private interest. Individuals related to the organization should not receive excessive compensation or payments, nor receive excessive benefit from the activities of a charity. Lobbying or political campaign activitiesA public charity cannot engage in substantial activities to influence legislation, nor can it participate in any campaign activity for or against political candidates. This does not mean that lobbying is completely disallowed. It is fine to have lobbying activity as long as it is not substantial. Substantial unrelated business income (UBI)UBI is income from routine trade or business activity that is not related to the exempt purpose of the charitable organization. Income is designated as UBI if 1) the trade or business competes with other business and it is conducted in a commercial manner 2) the trade or business is regularly carried on and 3) the trade or business is not substantially related to the exempt purpose of the organization. If a nonprofit organization generated more than $1,000 in gross income from an unrelated activity, it has to file a Form 990-T and pay tax on this income. But keep in mind, having UBI does not automatically place a nonprofit in jeopardy. The risk for losing exempt status only occurs if UBI becomes a significant revenue stream. No longer operating for exempt purposeA public charity typically relies on donor and government funding to operate. If donor or government funds are misused, the IRS can take away the organization's exempt status. Examples of misuse include the use of funds for illegal activities, or using funds that were restricted for an unintended purpose.
Improper recordkeeping Just like any business entity, proper recordkeeping is required to mitigate misuse of funds or even fraud. Tax-exempt organizations are required to maintain proper accounting and other records necessary to justify their claim for exemption in the event of an audit. Organizations should establish and document internal control policies that include segregation of duties, disclosure of conflict of interest, internal audit and monitoring. In addition, the organization should maintain accurate meeting minutes, donor receipts, and executive compensation policies.
The effect of losing a tax-exempt status can be detrimental to a nonprofit. If status is revoked, the organization will need to pay corporate income tax on annual revenues going forward, and there may be state tax liability as well. Depending on the nature of the revocation, the organization may also be subject to back taxes. And, donors are no longer be able to receive a tax deduction for contributions.
However, if an organization's tax-exempt status was revoked for failure to file the required Form 990, there is hope. The organization can apply for retroactive reinstatement. How is this done? It's back to the drawing board. If you're lucky enough to have retained your original application for recognition of exemption - take it out and dust it off. You need to start the process all over again, but at least this time you have a sample to work from.
By Erica Battle, Senior Nonprofit Specialist
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INDUSTRY INSIGHT 
With the increasing complexity of laws and regulations, it's important for associations, foundations, charities, hospitals, schools and other tax-exempt entities to seek out professionals with extensive experience in nonprofit compliance issues. We understand there are many challenges affecting the industry and provide the attention needed to help clients stay focused on their job at hand.
UHY LLP's National Not-For-Profit Practice offers comprehensive audit and assurance, tax planning and compliance and business advisory services to meet the unique, complex needs of nonprofit organizations.
These types of specialized services, which cut across the traditional service lines, demonstrate our philosophy of skilled professionals integrating industry expertise with technical services.
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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 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. 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 and UHY Advisors, Inc. 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 LLP and/or UHY Advisors (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.
�2017 UHY LLP. All rights reserved. [0117]
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