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R.S. Abrams & Co., LLP


January 10, 2014 
R.S. Abrams Islandia Office
All of us at R.S. Abrams & Co., LLP would like to wish you a Happy New Year!  It is that time of the year when we issue our updated "New Developments, Year End Update and 1040 Considerations" for the year 2014.  This brochure discusses the current changes affecting school districts, local governments, and not-for-profit organizations in the areas of accounting, auditing, tax, and legislative issues. 
 
Below is a list of some of the most talked about topics affecting 2014.  For details on the these topics and more please visit our website at www.rsabrams.com where a full electronic version of our "New Developments, Year End Update and 1040 Considerations" brochure can be found.
Clarified "Piggybacking" Law - 
Exceptions to Competitive Bidding
 

Effective November 13, 2013, General Municipal Law (GML) 103 subdivision 16 was amended. Subdivision 16 authorizes local governments to make certain procurements through the use of other governmental entities contracts.  Purchases include apparatus, materials, equipment and supplies and the related installation, repair and maintenance services.  These purchases made under this Law would be considered an exception to competitive bidding under GML 103.  However, there are three requirements that must be met to qualify under this Law.  As originally enacted on August 1, 2012, one of the requirements was the contract must have been let in a manner that constituted competitive bidding consistent with state law. This requirement was clarified and now states the contract must be let either to the lowest responsible bidder or on the basis of best value in a manner consistent with this section.  The following is a list of all three requirements as amended:

  • Contracts must be let by the United States or any agency thereof, any state or any other political subdivision or district therein.
  • Contracts must be made available for use by other governmental entities.
  • Contracts must be "let to the lowest responsible bidder or on the basis of best value in a manner consistent with this section."

The Office of the State Comptroller (OSC) has published updated guidance on this new Law and can be located at: www.osc.state.ny.us.

Same-Sex Spousal Benefits and Employment Taxes 
 

As a result of the US Supreme Court decision in US v. Windsor, which declared certain sections of the Defense of Marriage Act unconstitutional, the Internal Revenue Service (IRS) issued Revenue Ruling 2013-17.  This ruling established that the IRS will treat same-sex spouses who are legally married under state law as married for all federal tax purposes, regardless of where they may live, and will be applied prospectively, as of September 16, 2013. 

 

As a result of this, the IRS also issued Notice 2013-61.  This Notice provides guidance designed to reduce administrative and reporting burdens for the optional retroactive application for employers and employees seeking claims for refunds or adjustments for overpayments of FICA taxes and federal income tax withholding with regards to certain benefits provided to same-sex spouses, which as a result of the Defense of Marriage Act, were previously not excludable from gross income or wages, and therefore, subject to certain employment and income taxes.

Health Care Reform Changes Effective 

For 2014 

 

The Affordable Care Act is designed to ensure that all Americans have access to quality affordable health care, and is intended to create transformation within the health care system necessary to contain costs in the future.  Below is a summary of considerations with regards to the Affordable Care Act. 

 

Individuals and Families

 

1.  Open Enrollment for the Health Insurance Marketplace began in 2013.

 

2.  As of January 1, 2013 the floor for deducting medical expenses as an itemized deduction increases to 10% of AGI if you and your spouse are under age 65 at the end of the year. If either you or your spouse is age 65 or older, expenses exceeding 7.5% of AGI may be taken, as under pre-2013 rules.

 

3.  In 2014 there will be a tax credit for the insurance premiums obtained through the Health Insurance Marketplace.  This tax credit was designed to make health insurance more affordable.  There will be income limitations on qualifying for the credit.

 

4.  Starting in 2014, you and your family must have health care coverage or have an exemption for coverage.  If one does not have either, a payment will be required to be made with the 2014 tax return.

 

5.  Health Savings Account ("HSA")

 

a.  The annual contribution limit for HSA plans for 2014 is $3,300 for an individuals and $6,550 for an individual with family coverage. These contributions are not subject to tax. 

 

b.  High deductible health plans allow for an annual deductible that is no less than $1,250 for self-only coverage or $2,500 for family coverage.  Annual out of pocket costs cannot exceed $6,350 for self-only coverage or $12,700 for family coverage.

 

6.  Flexible Spending Arrangement ("FSA")

 

a.  The annual contribution limit for an FSA is still $2,500 as per the date this letter was written.

 

b.  FSA plans are permitted to allow for a maximum grace period of 2 months and fifteen days following the end of the plan year for unused contributions to be used against expenses incurred in the subsequent plan year.

 

c.  Starting for 2013-2014, employers may amend their plan documents (has to be amended by the last day of the plan year to be effective for that year) to allow participants to roll forward $500 of amounts not utilized to the subsequent year.  This rollover will not affect the $2,500 annual contribution limit described above.    

 

Please note that the Plan has to choose to provide for either the grace period mentioned above, or the rollover of up to $500.    

 

Employers

 

1.  Small employers with 50 or fewer employees became eligible in 2013 to purchase affordable insurance through the Small Business Health Options Program.

 

 2.  Many employers are now required to report the value of provided health insurance on box 12 of the W-2 with a code of "DD".  See www.irs.gov/uac/Form-W-2-Reporting-of-Employer-Sponsored-Health-Coverage for more information.

 

3.  Small business owners could be eligible for the Small Business Health Care Tax Credit if you cover at least 50 percent of your full-time employee's premium and you have less than 25 full time employees with average wages under $50,000.

 

4.  Employers that self-insure may be required to pay a fee to fund the Patient Centered Outcomes Research Fund, see www.irs.gov/uac/Patient-Centered-Outcomes-Research-Trust-Fund-Fee:-Questions-and-Answers for more information.

 

5.  Effective 2015, employers that provide health coverage to employees must file an annual return reporting certain information for each employee covered.

 

6.  For calendar year 2015, employers with 50 or more full time employees could be subject to make a payment if adequate affordable coverage is not offered to full time employees and one or more of these employees get a premium tax credit.

 

For more information, visit www.healthcare.gov.

IRS Form 1099 Miscellaneous Form Reporting

 

In general, Form 1099-MISC must be issued to all persons where payments for rents or services (including parts and materials), prizes and awards, and other income payments are $600 or more.  Generally payments to a corporation do not have to be reported on Form 1099-MISC. Attorneys and  medical and healthcare providers are issued a Form 1099-MISC regardless of the type of entity ($600 or more threshold still applies). 

Retirement Contribution Plans Update

New Contribution Rates

 

The 2013-2014 Teachers' Retirement Systems (TRS) employer contribution rate is 16.25%. The 2014-2015 TRS rate is estimated to be between 17.25% and 17.75% of payroll. 

 

The 2013-2014 regular pension contribution rate for Employees' Retirement Systems (ERS) is 28.5% for Tier 1, 26.1% for Tier 2, 20.9% for Tier 3 and Tier 4, 16.8% for Tier 5, and 11.4% for Tier 6.  The 2014-2015 ERS regular contribution rate is 27.4% for Tier 1, 25.2% for Tier 2, 20.2% for Tier 3 and Tier 4, 16.5% for Tier 5, and 10.9% for Tier 6.

 

The Police and Fire Retirement System regular pension contribution rates for 2013-2014 for Tier 1 is 14.2%-29.6%, Tier 2 is 12.4%-28.8%, Tier 3 is 12.4%-27.5%, Tier 5 is 7.6%-23.0%, and Tier 6 is 2.6%-16.3%.  For 2014-2015, regular pension contribution rate for Tier 1 is 13.9%-28.4%, Tier 2 is 12.2%-27.6%, Tier 3 is 12.2%-26.1%, Tier 5 is 7.5%-22.3%, and Tier 6 is 2.6% -15.6%. 

 

Each percentage in the tier is determined based upon the various retirement plans related to that tier.

GASB Updates

 

GASB Statement No. 68, Accounting and Financial Reporting for Pension Plans - an Amendment of GASB Statement No. 27

 

In June 2012, GASB issued Statement No. 68, Financial Reporting for Pension Plans - an Amendment of GASB Statement No. 27, which is effective for fiscal years beginning after June 15, 2014. This Statement addresses how state and local governments should account for and report their costs and obligations related to pensions excluding other post-employment benefits (OPEB). The administration of the pension plans such as Employees' Retirement Systems (ERS) and Teachers' Retirement Systems (TRS) will be responsible for obtaining an actuarial valuation and providing the information to the local government for reporting. 

 

On the fund level modified accrual based financial statements recognition of pension expenditures and liabilities is equal to the amount expected to be liquidated with expendable available financial resources.  However, financial statements prepared on an accrual-basis of accounting or the government-wide financial statements, a net pension liability (NPL) will be reported. The net pension liability is the total pension liability (an actuarial present value of projected benefit payments attributed to past periods) net of the pension plan's fiduciary net position.

 

Statement No. 68 also establishes disclosure requirements for information about the plans in which an employer participates, the funding policy followed, the actuarial valuation process and assumptions used.

 

 

GASB Statement No. 69, Government Combinations and Disposals of Government Operations

 

In January 2013, GASB issued Statement No. 69, Government Combinations and Disposals of Government Operations, which is effective for period beginning after December 15, 2013, but earlier application is encouraged.  Government combinations may refer to mergers, acquisitions or transfers of operations.  In general, this Statement requires measuring assets and liabilities by carrying value in a merger, but by acquisition value in an acquisition.  This Statement also defines the term "operations" for purposes of this Statement's applicability, and requires the use of carrying value to measure the assets and liabilities in a transfer of operations.  In addition, this Statement requires disclosures to enable financial statement users to evaluate the nature and financial effects of these transactions. 

 

 

GASB Statement No. 70, Accounting and Financial Reporting for Nonexchange Financial Guarantees

 

In April 2013, GASB issued Statement No. 70, Accounting and Financial Reporting for Nonexchange Financial Guarantees, effective for periods beginning after June 15, 2013, but earlier application is encouraged.  This Statement requires a government that extends nonexchange financial guarantee to recognize a liability when it is more likely than not that the government will be required to make a payment on the guarantee.  The statement also requires a government that issues an obligation guaranteed in a nonexchange transaction to recognize revenue to the extent of its reduction in guaranteed liabilities.  

 

 

GASB Statement No. 71, Pension Transition for Contributions Made Subsequent to the Measurement Date

 

In November 2013, GASB issued Statement No. 71, Pension Transition for Contributions Made Subsequent to the Measurement Date.  This Statement was issued to address an issue with the transition provisions of Statement No. 68, Accounting and Financial Reporting for Pensions, and is required to be applied simultaneously with the provisions of Statement No. 68.  The Statement amends paragraph 137 of Statement No. 68 to require that, at transition, a government recognize a beginning deferred outflow of resources for its pension contributions, if any, made subsequent to the measurement date of the beginning net pension liability. 

 

Further detail regarding the GASB Statements can be viewed at  http://gasb.org.

Changes To Federal Grant Requirements

 

On February 24, 2012, the Office of Management and Budget (OMB) issued for comment an "Advance Notice of Proposed Guidance" that would have an effect on state and local governments and nonprofit organizations expending federal funds.  After issuing the advance notice, and reviewing suggestions and comments received, OMB issued, in January of 2013, the proposed guidance titled "Proposed OMB Director Uniform Guidance: Cost Principles, Audit and Administrative Requirements for Federal Awards" as part of the government's federal grants improvement initiative.  Finally, on December 26, 2013 the final regulations were issued entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards."  This 100+ page document contains the rules not only for grant management at the entity level, but also the audit requirements, and supersedes previously issued circulars from OMB including but not limited to Circulars A-87, A-110, A-122, and A-133.  The audit requirement changes are effective for audits of fiscal years beginning on or after December 26, 2014. 

 

Entities and auditors should be reviewing this document to become familiar with the new requirements. 

 

The Federal Audit Clearinghouse has also revised their website and Internet Data Entry System (IDES) which is used to file Data Collection Forms (SF-SAC) and single audit reporting packages with the federal government.  They have also revised the Data Collection Form itself for fiscal years 2013, 2014 and 2015.  The updated form was released on January 7, 2014.  All users will have to register with the new website, using a name and email address.  Previously, a report ID number and report specific password were used to access the system and submit a reporting package.  Now, each user will have a unique user ID and password.  The certifying official for the auditor and auditee will have to log in under their unique ID and password to certify the submission. 

 

The website can be found at https://harvester.census.gov/fac.

In This Issue
Clarified "Piggybacking" Law
Same-Sex Spousal Benefits and Employment Taxes
Health Care Reform
IRS Form 1099 Miscellaneous Form Reporting
Retirement Contribution Plans Update
GASB Updates
Changes To Federal Grant Requirements
R.S. Abrams & Co. is an accounting firm with extensive experience auditing school districts, boards of cooperative educational services, not-for-profits, and state & local governments.  We also provide tax and accounting services to individuals, partnerships and corporations across the country.  Our firm has been in business for over 75 years and provides auditing services in Nassau, Suffolk, Westchester, Rockland and Dutchess counties.
 

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Disclaimer

The information contained in this newsletter is provided for informational purposes only, and should not be construed as legal advice on any subject matter. The Firm provides legal advice and other services only to persons or entities with which it has established an attorney-client relationship. No recipients of information from this newsletter, clients or otherwise, should act or refrain from acting on the basis of any information included in this newsletter without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this newsletter contains general information and may not reflect current legal developments. The Firm disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this newsletter.

 
Our firm has two locations in Islandia and White Plains, New York and the single most important factor in our firm's success over the past 75 years has been our uncompromising commitment to the highest standards of quality and professionalism.  Should you have any questions for us, please don't hesitate to contact us at (631)-234-4444.

Sincerely,

 

R.S. Abrams & Co., LLP