Handle Shareholder Loans with Caution

If you’re a shareholder in a closely held C corporation, you are permitted to take loans or advances from the company. It’s convenient and, typically, as a shareholder, you won’t have to pay taxes on the proceeds. What’s not to like about this opportunity?

Clearly, it’s a convenient benefit. Still, you should be careful that, when borrowing from your corporation, the loan is arranged in a businesslike manner. Otherwise, the IRS could reclassify your loan or advance as a dividend, which would be taxable to you individually and not deductible by the corporation.

The Right Way To Arrange a Shareholder Loan
Generally, whether a disbursement to a shareholder will be considered a bona fide loan for tax purposes depends on whether, at the time of the distribution, the shareholder intended to repay it and the corporation intended to require repayment. When borrowing from your corporation, be sure the terms of the loan are in writing. The loan document should also clearly state that a reasonable interest rate is being charged on the loan. Finally, have the note signed and dated by you and your corporation.

If the IRS audits you or your business, it will most likely review the loan carefully to determine whether the transaction is a bona fide loan or a constructive dividend. The IRS looks at numerous factors to help make that determination, such as:
The security given for the advance
The shareholder’s ability to repay the advance
Whether the loan matures on a specific date
The extent to which the shareholder controls the corporation
The amount of the loan or advance
Whether the corporation makes systematic attempts to obtain repayment
The earnings and dividend history of the corporation
How the corporation records the advances on its books and records

Our firm would be happy to help you avoid any possible tax-related missteps if you are considering taking a loan or an advance from your closely held corporation.
A dividend is taxable to the individual and not deductible by the corporation.

Strategies To Maximize Your Bonding Capacity

What would your surety find if it reviewed your firm’s financial statements today? The reality is that what your surety finds on the financial statements will determine whether you receive bonding and the amount you will be charged. Your fiscal year-end statements generally will form the basis for your bonding credit for the full year.

As a contractor, you need to show your company in the best light possible to secure bonding at a competitive rate. You can take several steps now to make your company more attractive to sureties.

Plan Properly
Make sure you are prepared to provide accurate, timely financial information. Your surety will likely require basic year-end financial statements — including a balance sheet, an income statement, and a cash flow statement — along with a variety of supplemental financial information.

Be sure to include details on your accounts receivable, a detailed listing of the inventory your firm is carrying, and an explanation of your over- and underbillings. Don’t forget to include information on your revenue recognition method as well as a detailed list of jobs/projects pending (your backlog).

In addition, sureties will want to see corporate tax returns for at least several years. You should also be willing to provide sureties with a listing of completed contracts and contracts in progress as well as data on your administrative, sales, and general expenses.

Increase Working Capital
Having a strong working capital position can greatly improve the chances of securing the bonding you need. One way you can boost working capital is by converting short-term debt into long-term debt through refinancing. Let’s say, for example, you tapped into your $450,000 line of credit to buy two large construction vehicles for $150,000. By refinancing the vehicles with a four-year term loan, only 12 months of the principal payments generally will be classified as short-term debt. This approach will improve your current ratio and increase your working capital.

Control Over- and Underbillings
Large overbillings may point to a future cash flow squeeze. Substantial underbillings could indicate potential losses, unreasonable profit estimates, inadequate estimating, and poor billing systems.

Collect Accounts Receivable
Boosting your efforts to collect money owed to your firm can improve your cash position. In addition, billing all contracts before year-end will lower net underbillings.

Reduce Inventories
Try to reduce inventory toward the end of the year since sureties typically discount the value of inventory on the balance sheet.

Review Estimates
Check estimates on contracts in progress to be sure they are accurate.

Reduce Prepaid Expenses
Prepaying expenses doesn’t really improve your financial position from the perspective of a surety.

Avoid Loans and Advances
Don’t deplete your cash position by making large cash advances to employees or loans to shareholders.

Control Debt
Maintain a low debt-to-equity ratio and try not to tap into your available line of credit.

Review Planned Equipment Purchases
If your debt levels seem high compared to other contractors of a comparable size, it might be smart to review any plans you have to buy new equipment. You don’t want to increase the outstanding debt on your balance sheet at year-end or deplete your cash reserves. Consider delaying planned purchases or look into leasing.

Meet Your Financial Obligations
Make sure you meet the terms and conditions of any loan covenants and other financial agreements your firm has entered into.

Talk to Us
Many construction firms end their annual reporting cycle on December 31, but it’s not too early to start planning now. We would be happy to help you with that planning.

Cloud Computing: What Banks Need to Know

Moving IT operations to the “cloud” offers substantial benefits, but many banks are reluctant to embrace cloud computing because of concerns about information security, data reliability and regulatory compliance. These concerns are legitimate, particularly when outsourced cloud services are provided over the Internet. Banks exploring these services should conduct thorough due diligence and take other steps to manage the risks.

New term is old concept
Although the term is relatively new, the concept isn’t. Essentially, cloud computing means pooling computing resources (servers, processing, memory and network bandwidth) to provide centralized services, such as software, platforms and infrastructure, to users.

Banks that have worked with service bureaus or similar third-party providers already are familiar with “private” clouds, which offer the greatest security. Here, the cloud infrastructure is provisioned for exclusive use by a single bank. It’s owned, managed and operated by the bank or a third party (or both) and may be located on or off the bank’s premises.

A “public” cloud infrastructure is provisioned for open use by the general public and is owned, managed and operated by the cloud provider on the provider’s premises. Other options include “community” clouds, which are designed for use by groups with shared concerns, and various hybrid approaches.

Benefits stack up
Cloud servers run applications and store data. Individual users can tap this computing power with scaled-down PCs using a Web browser or other interface software. Because the cloud infrastructure delivers the applications, processing power and storage capacity, the bank can enjoy reduced IT costs.
IT personnel also spend less time installing, maintaining and upgrading individual computers.

Centralized resources allow the bank to deliver new applications quickly and enhance performance and efficiency by providing users with access to applications and up-to-date data from anywhere and at any time. Centralization also can make backup easier, cheaper and faster.

Outsourced solutions offer additional benefits, including:
Greater cost savings. By spreading costs among multiple customers, cloud providers take advantage of economies of scale, which can reduce a bank’s IT costs and help them save on maintenance costs and energy consumption.
Pay-as-you-go. Banks can avoid large up-front capital investments in favor of a pay-per-use or subscription model. When properly configured, the scalability of cloud computing allows banks to adjust their service levels upward or downward to meet their needs.
Business agility. Additional capacity, software and other computing resources are available on demand, which may enable banks to respond more quickly to customer demand for new products and services, such as online and mobile banking.
Business continuity. Cloud computing provides a high level of redundancy and the ability to move data around rapidly, which can result in enhanced business continuity and disaster recovery protection at a lower cost.

Public cloud computing offers the greatest benefits, but its shared data environment raises significant security concerns. With properly vetted cloud partners and other precautions, however, banks can minimize these concerns or even achieve greater security than they could on their own. For example, a cloud provider may be better equipped to implement multifactor authentication and other controls designed to prevent hackers from obtaining customer information.

Risks must be managed
Financial institutions are subject to a variety of laws and regulations designed to protect sensitive customer information. And while certain IT services may be outsourced, complying with these laws is the bank’s responsibility.

Banks that use cloud providers should conduct thorough due diligence. (See the sidebar “Due diligence tips.”) Their contracts should clearly spell out vendors’ responsibilities with respect to how and where customer data is stored and transmitted. They should also have procedures for evaluating vendors’ internal controls and monitoring vendor performance.

Testing the waters
To get started with cloud computing, consider using a public cloud for activities that don’t involve confidential customer information — such as marketing or back-office applications — while using a private cloud or traditional systems to handle more sensitive applications.
As the banking industry becomes more comfortable with the cloud and vendors respond to the industry’s unique information security needs, public cloud computing will likely grow in popularity.

Avoiding Retirement Plan Compensation Errors

The amount your company can contribute to your retirement plan and deduct for federal income-tax purposes generally depends on the amount of compensation you pay employees. Using an incorrect definition of compensation in your retirement plan can lead to costly operational failures that can affect your plan’s qualified status.

To help plan sponsors, the IRS’s website provides five tips for avoiding compensation-related plan failures:

• Review your plan document’s definition of compensation for each plan purpose
• Use the statutory definition of compensation when required
• Transmit accurate compensation data for each employee to your payroll processor and plan administrator
• Consider amending your plan to use one definition of compensation for all plan purposes
• Periodically review your plan for errors and fix them as quickly as possible using the IRS’s Employee Plans Compliance Resolution System (EPCRS)

If you have any questions or need assistance about retirement plan compensation, don’t hesitate to call Jerry Smith.

Smart On-Site Logistics

Efficient handling of materials — from delivery to unloading, storage, and on-site movement — is critical to a properly functioning construction site. There are also financial and safety benefits to having a well-thought-out materials handling program.

A systematic approach to handling materials on a job site can reduce labor costs, help keep projects on schedule, improve work quality, and provide a safer workplace. Key goals should be to minimize the number of times materials are handled and reduce the amount of time they are stored on site.

Develop Detailed Delivery Schedules
The just-in-time delivery system in many auto plants is designed to bring materials into the factory just as they are about to be used. Your goal should be similar. Coordinate with suppliers and subcontractors to develop precise delivery schedules. Materials should arrive on the site in the sequence they are to be used.

Make sure subcontractors and suppliers understand you won’t permit storage of materials for any length of time where work is being done. By eliminating stockpiles of materials and equipment on site, you’ll improve work flow and help schedules stay on track. In addition, you enhance on-site safety since there are fewer hazards employees have to work around.

Set Up a Common Checkpoint/Entrance
On large jobs, you need a single checkpoint operated by an individual who is responsible for all access to the site. That individual can also ensure that all materials delivered to the site are scheduled for arrival that day and time. Materials should be properly labeled, and the work areas where the materials are to be used should be clearly identified.

Coordinate Hoist- and Crane-use Schedules
Be sure to carefully schedule the use of hoisting equipment to unload and position materials. You have to be rigorous with the time you allot to each delivery. If a delivery doesn’t reach your site as scheduled, the late delivery will probably have to wait until other scheduled hoist activities are completed.

Allot Specific Times for Each Stage of Work
All subcontractors working on a project have to agree up front that they will have the required number of craftsmen and tools/equipment available at a scheduled time to complete their part of the project. When their part of the project is completed, the subcontractors must agree to leave their area cleared of all debris and ready for the next crew and stage of the project.

Getting materials handling right is a profit issue. It requires time and effort on your part and the cooperation of those who work with you, but it can help add to your bottom line in the long run.
A systematic approach to handling materials on a job site can reduce labor costs, help keep projects on schedule, improve work quality, and provide a safer workplace.

IRS and Independent Contractor Misclassification

Companies that misclassify employees as independent contractors could have the IRS demanding unpaid payroll taxes. The IRS looks at three broad categories in determining whether a worker should be classified as an employee or an independent contractor. The categories are:

Behavioral Control
These are facts that illustrate whether a company has the right to direct or control how a worker performs a specific task, including:
Instructions
Training

If a company has the authority to tell the workers what jobs they were to do and how and when they were to perform that work, these are factors that indicate employee status.

Financial Control
These are facts that illustrate whether a company has the right to direct or control how the business aspects of the worker’s activities are conducted, including:
Which party invests in work facilities used by the individual
Unreimbursed expenses
Method of payment
Opportunity for the worker to realize a profit or loss
Services available to the relevant market

Example: If the company has the right to fire the workers, who are an integral part of its business, and the workers have no opportunity for profit or loss, the factors favor employee status not contractor status. Even though the workers are engaged on a per-job basis and are free to work elsewhere, the IRS has ruled they are employees not contractors in previous cases.

Relationship of the Parties
An independent contractor’s services are typically for separate and distinct projects. However, employees also may be hired on a seasonal or per-project basis. Factors that show how the worker and business perceive their relationship include the permanency of the relationship, the existence of a written contract, the provision of employee benefits, and whether the services provided are considered a key activity of the business.

Contact Us
The IRS looks at three broad categories in determining whether a worker should be classified as an employee or an independent contractor. If you need help in ensuring that your company correctly classifies employees and independent contractors, please contact us.