Helping out at the NJCPA’s annual volunteer day at the Community FoodBank of New Jersey ahead of Thanksgiving was a success on many levels. The NJCPA has been associated with the FoodBank for 14 years.

At the FoodBank, we were told that we would work as a group, packing pasta. The group was led to a room in the warehouse that had many large boxes of different pastas. We put on hairnets and gloves to avoid contaminating the food. After receiving instructions, we were split into three larger groups, each group assigned to a different type of pasta and their own workstation. Those three groups were then split into smaller groups, organized by the job they performed. A group of people put labels on bags. Another group of people scooped pasta in those bags. Then one person put the bags into a box (16 bags per box) and taped it with a label, indicating that it was finished. I had the pleasure of boxing up the bags of pasta. About an hour and 45 minutes later, we cleaned the tables and swept the floor, leaving the warehouse ready for the next group of volunteers.

Packing this food before Thanksgiving was amazing. Through our combined efforts, we packed 2,304 one-pound bags of pasta, which will contribute to 1,920 meals for individuals in New Jersey.

Giving Back

As a CPA and a member of the NJCPA, it is my privilege and duty to help others. CPAs are leaders and the NJCPA strives to equip and empower New Jersey’s accounting and finance professionals to thrive in their careers. Assisting others and extending help to those who need it is a big part of thriving in one’s career, as well as one’s personal growth. As CPAs, we are always there to assist our clients during business hours. Similarly, we should assist those in need when we are not billing for our services. Opportunities like this demonstrate the NJCPA’s commitment to that mission.

The experience, my first group volunteering event with the NJCPA, was gratifying and fulfilling.  I look forward to the next opportunity and urge my fellow accountants to take part in giving back.

The period of time after busy season is a perfect time to be introspective and plan ahead for accounting firms. It’s a good time to reflect on what went well and what needs to be improved.

Education

The goal for each CPA should be around 40 hours of CPE per year. Smaller firms have the benefit of being able to arrange CPE for the entire firm where everyone can get their needed accounting, audit, tax or other CPE credits. Yearly updates should be one of the most important sessions of the year, so everyone learns the latest guidance and regulations. Without such training, technical knowledge can become outdated which can increase risks.

Marketing

Firms should evaluate what generates sales for them and concentrate on these specific marketing initiatives. Management can eliminate expensive marketing tactics that do not generate positive return on investment. Marketing budgets should be reviewed and business plans should be updated accordingly.

Human Resources

Companies might face turnover, especially at year end. Searches for qualified individuals should be initiated at this time as well as for interns who can help with busy season. Sign-on bonuses should also be considered in some cases. Adopting new office policies around work-from-home arrangements are also popular and should be implemented to attract new skillsets.

Technology

Accountants must stay informed about new technologies like artificial intelligence, cryptocurrency and various software used in accounting, tax, marketing and other needs. Every office will need at least a couple of technology consultants, who will help with various problems the office is facing. Once the organization grows, a ticketing system can be implemented for IT personnel to fix specific problems. Cybersecurity specialists can also be hired internally. Various software can be compared at year end to be implemented with training related to this, so staff is ready by the beginning of the following year, but it’s best not to overburden staff with numerous changes every year. Data analytics tools can be used to analyze financial data and identify anomalies. Cloud computing and blockchain technology can reduce costs and provide security. Technological tools can create client efficiencies and will help staff to concentrate on actual accounting, auditing or tax issues instead of key punching or other repetitive tasks.

The management of the firm should update strategic plans in relation to market expansions, mergers and acquisitions, and medical, retirement and other benefits. Also, this is a good chance to recognize people who contributed to the success of the firm.

By starting early on year-end plans, firms will have more-efficient busy seasons and will increase chances of hitting their goals.

Bankruptcy represents one of the most daunting financial challenges an individual or business can confront. Characterized by significant debt burdens that become impossible to manage, the process of filing for bankruptcy is both complex and emotionally draining. At this critical juncture, the guidance of a CPA can be invaluable, from offering expertise in dissecting financial situations and ensuring adherence to bankruptcy codes to developing forward-looking strategies. 

Here are the multifaceted ways in which CPAs provide essential support to clients during bankruptcy:

Strategic Bankruptcy Planning

In the realm of strategic bankruptcy planning, CPAs must exercise a holistic approach. It’s critical for CPAs to recognize that clients often come with preconceived notions or misinformation about bankruptcy, which can result in unrealistic expectations or risky strategies. 

CPAs should actively dispel myths and set clear, achievable goals when collaborating on a bankruptcy plan. They should explore and critique various debt management and relief options, highlighting both the merits and limitations of each. 

In protecting assets, it’s the CPA’s duty to pinpoint potential legal challenges clients might overlook and to navigate the complexities of bankruptcy laws with a dual focus on compliance and client advantage. This strategic foresight is pivotal in crafting a bankruptcy approach that is both robust and flexible.

Budgeting and Financial Management Post-Filing

Post-filing budgeting and financial management are critical junctures where CPAs must combine empathy with fiscal discipline. A common pitfall for clients is to either overcommit to aggressive repayment plans or to fail to adjust to a more restrained lifestyle. 

CPAs should intervene with a balanced perspective, advising on realistic yet forward-thinking budgets. The goal is not merely to survive the bankruptcy period but to emerge from it with a sustainable financial plan. For Chapter 13 filings, CPAs must ensure that repayment plans align with the client’s current income and are flexible enough to accommodate potential future financial shifts. The advice should empower clients to make informed decisions supporting long-term financial health rather than temporary solvency.

Navigating Tax Implications in Bankruptcy

Tax implications in bankruptcy are a labyrinthine aspect where clients often feel lost. CPAs should navigate these complexities and proactively illuminate the tax ramifications of each financial move within the bankruptcy process. 

Clients may not grasp how discharged debts or the treatment of bankruptcy estate assets affect their tax responsibilities, which is why CPAs must dissect these elements, advising clients on the subtleties of tax laws and the strategic use of tax benefits. Vigilance here can prevent further financial distress due to tax liabilities, offering clarity and a sense of control to clients already facing fiscal adversity.

Strategic Debt Management

Strategic debt management is a domain where CPAs can significantly alter a client’s financial trajectory. Clients often struggle to prioritize debts or identify which assets could be liquidated for maximum benefit. 

CPAs should be prepared to craft tailored strategies that address high-interest debts first and foremost, potentially saving clients from exacerbating their financial strain. Moreover, they should guide clients through the complex decisions regarding asset liquidation, offering nuanced advice on which assets to sell and which to retain to maintain a semblance of financial stability. 

This strategic guidance is crucial in navigating the precarious balance between debt repayment and asset preservation.

Ensuring Financial Integrity During Bankruptcy

Maintaining financial integrity during bankruptcy proceedings is a fundamental yet challenging aspect of a CPA’s guidance. Clients may inadvertently engage in transactions that could jeopardize their bankruptcy plan due to a lack of understanding. 

CPAs must be the guardians of financial conduct, meticulously reviewing each transaction for adherence to the structured terms. This oversight is not merely about compliance; it’s about fostering a financial environment where integrity is upheld and the path to recovery is clear.

Strategies for Post-Bankruptcy Recovery

The post-bankruptcy landscape is fraught with challenges and opportunities for clients to either rebuild or falter. CPAs should be the architects of recovery, providing strategies to restore financial standing, rebuild credit and foster financial literacy. Educating clients on the intricacies of credit, debt and personal finance management is critical to avoiding repeat scenarios. 

The CPA’s role is transformative, instilling practices and principles that ensure clients’ long-term financial resilience. The journey through bankruptcy, while tortuous, can lead to a renewed financial foundation, with CPAs serving as the pivotal navigators. Their role transcends mere number crunching; it embodies the role of a strategic partner, a fiscal educator and a steadfast advocate. 

Top Ten, a fictional IT hardware maintenance company headquartered in Germany, needed an accounting firm that could keep pace with its growing U.S. business. Their former accounting firm no longer had the depth of expertise or level of responsiveness they required. Top Ten’s Germany-based CFO handled finances for Top Ten’s U.S. and European subsidiaries so, with an eye toward growing the U.S. business, he decided to visit the New Jersey office to consult with management and identify an accounting partner that could meet all its needs. After researching a number of firms, he narrowed the field to three and eventually selected one. Being the chosen CPA advisory comes with a lot of responsibility. How can the firm satisfy the immediate needs of the client but also build a long-term relationship?

The Challenge

• Provide a more robust foundation of expertise that Top Ten can depend on as the business grows and diversifies.
• Ensure that cash flow, U.S. tax returns and foreign tax filings are 100% accurate.
• Help evaluate business opportunities and offer a sounding board for management to reach out to on financial issues.  

The Solution

While CPAs can often be only numbers-oriented, clients like Top Ten focus on sales and operations as well as the bigger picture. Early in the relationship, the CPA should meet regularly with Top Ten’s offices and commit to gaining a solid understanding of the company’s business model, operations and financials so they could offer business perspective and helpful financial advice.

Initially, the CPA should provide typical accounting services such as monthly compilations, business tax returns and foreign tax filings. As Top Ten goes through growing pains, the CPA should be right there to work through everything with them. As time goes on, the CPA will likely be sought out more often and in different ways. In fact, if Top Ten, for example, decides that it needs to find a new enterprise resource planning (ERP) system, the CPA should work with management and staff to evaluate and implement the new system.

Top Ten may also want to diversify into other business segments, and they are likely to look to their CPA for advice in those areas as well. Over time, for example, they could buy commercial buildings and would need the CPA to help identify opportunities and evaluate each property for profitability and investment value.

The Result

Like all companies, Top Ten has faced challenges during its two-plus decades in business.  With the right CPA relationship, Top Ten can overcome its obstacles and continue to grow.  Often times CPAs can end up handling the personal taxes and finances of the company’s leaders and even end up at family parties.

What often starts as a cold call can evolve into a strong professional partnership as well as a friendship.

One of the most rewarding things about being a certified public accountant (CPA) is the ability to give back. One of the many ways to do so is by getting involved in your local community.

CPAs can play a vital role in empowering their local communities to better understand their budgets. Every CPA possesses a valuable skill set — often hiding in plain sight — that can lend insight into a local budget; this often includes an interest in, and proficiency for, working with numbers and an expertise in helping communicate the story behind those numbers.

The New Jersey Office of the Comptroller notes on its website that “If you want to understand and shape how your tax dollars are being spent, reading your local government’s budget is essential.”  But digging into a local budget is no small task when familiarity and proficiency varies in the community. Consider that in recent years, New Jersey has made efforts to increase fiscal literacy around issues of personal finance, including the launching of a new financial wellness platform. CPAs can step into this gap, to help simplify basic financial concepts around local budgets.

The International Federation of Accountants notes that professional accounting organizations (PAOs) can also help by “supporting financial inclusion.” There is a good example of this from 2016 when the New Jersey Society of CPAs partnered with the NJ Realtors and the Association of Municipal Assessors of New Jersey to create the New Jersey Homeowner’s Guide to Property Taxes. This guide, rich with detail and summarized with an emphasis on accessibility and readability, is an excellent example of how CPAs can contribute to civics and raise the profession’s profile in our communities.

A CPA volunteering in the community can also help break the details down. My own story serves as an example. For the past 10 years, I have written a local blog called “Civic Parent” that is focused on property taxes and school funding in Jersey City — where I live and where my children have attended the public schools. My interest in writing Civic Parent started with a desire to better understand local finance in Jersey City. I have found that public budgets can often be a hard nut to crack for the average taxpayer and resident, especially if the information is shared with the public in Excel or PDF. Two good examples are New Jersey's “Property Tax Tables” and its “Municipal User Friendly Budget,” each of which provides a wealth of data about the state and local financial landscape but may be hard to access for users who are not proficient with spreadsheets. However, a CPA can use their skillset to aggregate the data, group and filter, and also visualize in software like Tableau (which is the data visualization tool that I use).

The profession stands to gain if CPAs volunteer their skill sets in the community. In its 2023 Pipeline Acceleration Plan, the AICPA noted that “improving perceptions” of accounting is needed to attract new talent into the industry. By getting more involved in civic life, we can actively work to help show what CPAs do and how we can be positive contributors to the community. 

While there are many great majors and career paths to choose from, most anyone in our profession will tell you that accounting is one solid choice. What makes it so?

1. Endless career options. Public accounting, private or corporate accounting, internal audit, governmental accounting, forensic accounting and more are all fields that are open to you! There is no shortage of work, and if you find yourself headed down one career path and then decide you want to change things up, it’s relatively easy to do so.  Even within each area of accounting, there are many options. For example, public accounting offers audit, tax, advisory and consulting, among other options, at both larger and midsize firms.
2. Endless industry options. What do a restaurant, a bank, a pharmaceutical company and a software company all have in common? The need for accountants and accounting services! Your accounting training allows you to work in an endless number of industries. Companies need services such as audit, tax and financial planning and they all also need their own books and records kept.
3. The opportunity to help people. Accounting is an area where many people need help.  Finances and taxes can be intimidating and confusing for many clients. You can do this work for someone and relieve the stress over it, all while providing a better understanding. But accounting is more than just the opportunity to help someone with work that must be done. Accountants help to improve the lives of individuals and businesses alike. Accountants help their clients better manage their businesses and become more profitable, and they help them to save money and make better decisions. Within accounting, there are many opportunities to truly help people and make a positive impact on their lives, which is extremely rewarding.
4. Work-life balance. While public accounting has a reputation for long hours, this is true of any profession; almost any field will involve overtime at some point. However, most firms and companies these days recognize the importance of work-life balance. Employers acknowledge that well-rested employees who are satisfied with their personal time will contribute more to the business. In addition, many accounting jobs offer the flexibility to work from home and create your own schedule at times. Specifically, public accounting lends itself quite well to remote work and a flexible schedule. Some firms may even offer part-time options.
5. Good pay and benefits. Accounting jobs tend to come with better salaries and benefits than what is offered in many other professions (knowledgeable accountants would accept no less, after all), with the potential for upward movement and salary increases.
6. Skills that transfer to your personal life. Accounting is very useful in business and as a career field, but these skills are valuable and conveniently transferrable to your own personal life and finances. Basic financial literacy and money management skills aid in your own personal financial planning and success, as well.
7. Learning an actual job skill in the classroom. As accounting students in college, the topics you learn in the classroom are immediately transferrable to the workplace. You are learning real job skills, not merely concepts and theories. Accounting classes are basically job training.
8. The CPA license itself. The CPA designation is a well-respected credential that is widely recognized. The CPA is one of the most well-recognized designations there is!

With so many things to love about the profession, who wouldn’t want to become an accountant?

To learn more about the requirements to become a CPA and the rewards of a CPA career, visit njcpa.org/becomeacpa.

Compliance with New Jersey’s wage and hour and pay equity laws can be challenging. Over the last few years, the laws have become more robust and noncompliance more costly. Given that employers often rely upon their CPAs for guidance on compensation issues, it’s important to stay up to date on the key areas where employers often experience compliance challenges.

1. Minimum Wage Continues to Rise

For the last several years, New Jersey’s minimum wage has increased annually on Jan. 1 to reach a minimum wage of $15 per hour for most non-exempt employees. Looking ahead to 2024, minimum wage for most employees will increase to $15.13 (or higher).

2. Ensure Exempt Employees Are Properly Classified

There is a common misconception that so long as an employee is paid on a salary basis, they are exempt from overtime. For an individual to be properly classified as exempt, they must: (1) earn a salary of at least $684 per week; and (2) perform certain job duties and responsibilities that fall within one of the recognized exemption tests (e.g., administrative, executive, professional). The U.S. Department of Labor (DOL) has proposed a rule that would increase the salary threshold to $1,059 per week, among other changes. Unless the employer can prove the exemption criteria are satisfied, the employee should be classified as non-exempt and paid overtime for all hours worked in excess of 40 hours in a workweek.

3. Proper Calculation of Overtime

Overtime is calculated as one and a half times the “regular rate” of pay. But calculating the regular rate can be complicated because additional remuneration that an employee receives, such as commissions, shift differentials and non-discretionary bonuses, need to be included in the calculation. These issues are complex and must be examined closely.

4. Consider Whether Contractors Are Actually Employees

Many companies routinely engage independent contractors to perform various services. However, these 1099 workers may be misclassified. Typically, misclassification issues arise when an independent contractor files for unemployment. New Jersey follows the ABC test, under which there is a presumption of employee status unless all of the following factors are established:

1. The worker has been and will continue to be free from control or direction over the performance of the service;
2. The work is either outside the usual course of business for the company requesting the work, or the work is performed outside of the company’s place of business; and
3. The worker is customarily engaged in an independently established trade, occupation, profession or business.

If this test can’t be satisfied, the individual should be classified as an employee and subject to typical withholding taxes, benefits, etc.

5. Stay Up to Date on Equal Pay Disclosure Laws

New Jersey requires equal pay for equal work, and pay disparities are fodder for high-stakes, expensive litigation. Many states and municipalities have recently enacted laws requiring that employers include information regarding the salary range for a position on a job posting. New Jersey does not currently have a state-wide salary range disclosure requirement, but it is likely that legislation will be enacted. Already, Jersey City has an ordinance requiring employers to post a minimum and maximum salary or hourly wages on any job postings. There are also certain reporting requirements for public contractors.

Failure to properly pay wages may result in significant exposure to damages, penalties and fines. A successful plaintiff can recover triple the amount of unpaid wages owed, plus attorney’s fees and costs. The best way to avoid exposure for wage and hour and equal pay claims is to conduct periodic audits of pay practices to determine whether there are any issues that need to be rectified. Employment policies and practices should be reviewed and updated regularly, especially given the frequent updates to these significant laws.

With the professional world changing drastically over the last three years due to the pandemic, it is important for companies to prioritize the professional development of their employees more than ever. Many employees, especially incoming staff that are just starting their careers, may not know what the professional world was like prior to the pandemic. And these employees could find it hard to jump start or continue their professional development.

How can this be done in the 2023 post pandemic era? Here are three ways:

1. Promote continuous learning to make learning a habit.

By not only promoting but helping to fund continuing professional education (CPE) for both non-CPA and CPA employees, learning will be encouraged. In the remote/virtual world, this can easily be done via Zoom, webinars, self-study, etc. Offering compensation or partial payment for advanced certifications such as the CPA, CFE and Masters programs is an extra incentive for employees to make these a priority in their professional development plans. For in-office employees, companies can offer study hours after normal work hours to encourage employees to take time to study for their certifications/programs and work with their fellow colleagues. My firm promotes this and even offers dinner for anyone participating in study hours.

2. Host events to meet and share expertise/experience.

Hosting events in-person or virtually for internal and external individuals to attend goes a long way. For example, “Lunch and Learns” are useful. My office does a “Pizza with the Partners” every month where a partner shares their own professional development and journey of how they became a partner. The office offers pizza lunch, which is an extra incentive for staff to join. This can also be done virtually via Zoom or Microsoft Teams.  

3. Offer mentor or career counselor programs.

Having formal programs where mentors/career counselors are assigned to employees based on their current needs or growth plan is popular. It’s best to require frequent check-ins (both formal and informal) with these programs. Firms can also include a monthly or quarterly stipend to be used for lunch or coffee, which motivates the mentors and mentees to meet and discuss various goals and growth progress.

These are just a few tips that can help companies promote the professional development of in-office, hybrid or remote employees. More-experienced employees should also help the newer employees with their professional development to ensure continuous growth.

 

Today, more and more accounting firms are offering or are considering offering advisory services to meet client needs and expectations. In fact, a recent Thomson Reuters report found that 95% of tax professionals believe their clients want more advisory services.

Here are five steps to master the art of advisory services:

1. Establish the “Why”

Before choosing the services to offer and planning how to implement them, think about why you want to offer them in the first place. Is it to do the following:

• Achieve higher revenue?
• Meet client needs?
• Enjoy more fulfilling work?
• Obtain a combination of all three?

2. Define Your “Dream” Services

Accounting firms can offer a wide range of advisory services, but you don’t have to offer all of them. In fact, you should focus on offering only the services that:

• Interest you and your team
• Benefit your clients

Remember, you can offer profitable services, but they won't be fulfilling if they’re not interesting to you and your team. Without fulfillment, you risk burnout.

Common advisory services include the following:

• Financial planning
• Cash flow management
• Financial strategy
• Exit planning
• Wealth management
• Strategic management
• Tax planning

Carefully consider each type of service, what it entails and whether the work will be fulfilling for your team and needed by clients. Once you have a list of advisory services that you want to offer, you can start taking steps to include them in your offerings.

3. Take Incremental Steps to Offer Advisory Services

Smaller firms need more resources to expand into a half-dozen new services. Even if you do, you risk not being able to accommodate your clients in the way that they deserve. Often, it’s best to take incremental steps to begin offering these services.

You can judge demand by:

• Reviewing past conversations with clients. See if they’re asking for services that you can start offering and what services they are interested in.
• Asking clients about their five-year goals. When asking clients about their goals, you’ll gain insight into what they desire and what it will take to get there. Perhaps a client wants to be able to buy a second home and take one nice vacation per year. You can offer financial planning as an advisory service to help them inch closer to this goal.

The last thing that you want to do is underperform for your current client base when you begin offering advisory services. Start with the steps above and then:

• Offer one or two in-house advisory services.
• Learn how the new services impact operations.
• Revisit adding more services in the future.
• Consider partnering with other firms (more below).

4. Test Cloud-based Tools

Advisory services can add a new layer of complexity to your firm. For example, let’s assume that you have the expertise to handle budgeting and forecasting in-house. You can use this specialization to your advantage by offering it to your clients. However, there are cloud-based solutions that will help crunch the numbers for you and allow for faster implementation.

You should test out cloud-based tools that can help you begin offering these services with as little friction as possible.

5. Partner with Other Firms

What if you want to begin offering other advisory services, such as financial planning, but it’s not something you prefer to provide in-house or have immense experience in? In these cases, you can partner with another firm. Partnering allows you to keep the services you love and offload the work you would rather have someone else do.

Securities Offered Through: TFS Securities Inc., Member FINRA/SIPC, a full service broker dealer located at 437 Newman Springs Road, Lincroft, NJ 07738 732-758-9300

Investment Advisory Services Offered through:TFS Advisory Services, a service of TFS Securities, Inc.

The use of artificial intelligence (AI) in your firm’s account-based marketing (ABM) efforts can transform opportunities and lead to significant process improvements.

AI technology can help your team gain deep insights into customer behavior and preferences, identify opportunities for personalized engagement and streamline marketing operations. This game-changing approach to ABM can also lead to more efficient and effective marketing campaigns, increased customer engagement and higher revenue.

What is ABM?

ABM is a strategic marketing approach where firms focus on targeting and engaging with specific, high-value prospects rather than casting a wide net and targeting a broader audience.

ABM is particularly effective in B2B (business-to-business) contexts where the customer base consists of fewer high-value accounts. It helps firms maximize their marketing efforts by focusing on accounts more likely to generate significant revenue. However, implementing a successful ABM strategy requires careful planning and collaboration and a deep understanding of the target accounts' needs and challenges.

Key Features of ABM

In ABM, the focus shifts to tailoring marketing efforts to individual accounts, treating each account as its unique market. It takes into account the following key features of high-profile accounts:

• Identifying target accounts
• Personalization
• Multi-channel engagement
• Collaboration between sales and marketing
• Metrics and measurement
• Longer sales cycle
• ROI focus
• Technology enablement

Game-Changing AI Assistance

Overall, AI can empower marketers and sales teams to deliver highly personalized and relevant experiences to target accounts, ultimately increasing the effectiveness of ABM strategies and improving the chances of converting high-value accounts into loyal customers.

AI can play a significant role in enhancing and optimizing ABM efforts, including:

• Data analysis and segmentation
• Predictive analytics
• Content personalization
• Chatbots and conversational AI
• Lead scoring and prioritization
• Automated outreach
• Account insights
• Data enrichment
• Campaign optimization
• Dynamic content generation
• A/B testing and optimization
• Sales enablement

Using ChatGPT

I asked ChatGPT to “write an ABM email example for an accounting firm speaking with construction company leads.” Here’s what it came up with:

Subject: Enhancing Financial Excellence for [Construction Company Name]

Dear [Lead's Name],

I trust this email finds you well. I've been impressed by the strides [Construction Company Name] has been making in the industry, and I wanted to reach out to explore how [Your Accounting Firm Name] can contribute to your financial success.

In the dynamic landscape of the construction industry, staying ahead financially is crucial. We understand the unique challenges and opportunities that construction companies face, and we have a proven track record of delivering tailored financial solutions.

Here's how we can partner to enhance your financial excellence:

• Cost Optimization
• Cash Flow Management
• Tax Strategies
• Project Financial Analysis
• Risk Mitigation

I'd love to have the opportunity to discuss how [Your Accounting Firm Name] can tailor these solutions to align with [Construction Company Name]'s unique needs. If this sounds promising, let's set up a conversation at your convenience. Feel free to reply to this email or use the link below to choose a time that suits you.

[Meeting Scheduler Link]

Thank you for considering us as a potential partner in your financial journey. I look forward to the possibility of contributing to the continued success of [Construction Company Name].

Best regards,

By harnessing AI's capabilities, firms can decipher customer behaviors, create personalized engagement and optimize marketing operations. This paradigm shift in ABM methodology facilitates more efficient campaigns, heightened customer involvement and, ultimately, elevated revenue generation.

The rapid growth and popularity of cryptocurrencies have revolutionized the financial landscape, offering numerous benefits. However, this digital revolution has also brought forth a plethora of cybersecurity challenges that demand rigorous examination from a digital forensic standpoint. As the use of cryptocurrencies gains widespread adoption, accountants must take the following five cybersecurity steps:

1. Understand the risks. To advise clients adequately, accountants must have a clear understanding of the cybersecurity risks associated with cryptocurrencies. These risks include cyberattacks on exchanges and wallets, social engineering, email compromises, phishing and fraudulent transfer schemes, to name a few. By understanding the various threats, accountants can help their clients recognize potential risks and implement effective security measures.
   
2. Encourage best practices. Accountants can play an active role in promoting best practices for safe cryptocurrency usage. This includes implementing multifactor authentication, securing wallet management and using strong passphrases. Encouraging clients to keep their software up to date and regularly back up their wallets is also crucial. By recommending these practices, accountants can help clients protect their digital assets from potential attacks and minimize their exposure to cybersecurity risks.
3. Be wary of insider threats and social engineering. The human element remains a significant cybersecurity challenge. Insider threats, where employees or trusted individuals misuse their access privileges, can result in data breaches or unauthorized transactions. Social engineering techniques, such as phishing and impersonation, target unsuspecting users and trick them into revealing sensitive information or transferring funds to malicious actors.
   
4. Promote regulatory compliance. Cryptocurrencies operate in a largely unregulated environment, creating challenges for regulatory compliance. As such, it is essential for accountants to ensure their clients comply with relevant laws and regulations, including anti-money laundering (AML) and know your customer (KYC) requirements. By promoting compliance, accountants can help prevent their clients from engaging in illegal activities while safeguarding their reputation and financial assets.
5. Stay Informed. The cybersecurity landscape is constantly evolving, with new threats and vulnerabilities emerging regularly. Accountants must stay informed about the latest cybersecurity trends to provide up-to-date guidance to their clients. This can be achieved by partnering with subject matter experts and organizations that offer proactive cybersecurity services and by attending relevant training events to stay informed about industry developments.

More IRS Crackdown

Beyond addressing risk factors and evaluating investment opportunities, accountants, business owners and individuals should be aware that the IRS is actively pursuing compliance from an income tax reporting standpoint and initiating criminal investigations when badges of fraud are present. “The IRS issued Notice 2014-21 defining virtual currency as ‘property’ for federal tax purposes. Depending on how virtual currency is exchanged or sold, there may be capital gains tax due on the disposition or ordinary income to the receiver of virtual currency in a business transaction,” said David Gannaway, principal at Bederson, LLP, and a 20-year veteran of the IRS who currently represents clients in IRS tax controversy matters. “If a business pays their employees with virtual currency, employment taxes should be withheld/paid and Forms W-2s issued. Also, Forms 1099 should be issued to independent contractors if paid with virtual currencies.”

In March 2021, IRS Criminal Investigation (CI) launched Operation Hidden Treasure, an enforcement initiative for criminal tax violations related to cryptocurrency. There have been several prosecutions across the country involving digital assets with more to come as proclaimed by CI Chief James (Jim) Lee recently.

By understanding the risks, promoting best practices, encouraging regulatory compliance, remaining diligent and staying informed, accountants can help their clients navigate the complex world of cryptocurrency safely.

As we distance ourselves from the pandemic, there are new realities that accounting firm leadership has come to face, including:

• Remote work
• Demand for higher wages
• Decline in the number of accounting graduates
• Consequently, less skilled staff/senior-level employees

In addition to navigating the reality of a post-pandemic workforce, accounting firms are also seeing an above-average increase in responsibilities and client services, such as:

• Multiple stimulus programs
• Increase in sale transactions/complex tax solutions
• Long wait times when trying to resolve tax notices

So how does leadership solve the issue of more work and less help? We need to get the leverage of staff back in our favor. This may slowly happen over time as we move away from the free money provided through COVID relief programs and interest rates normalize. However, we need to come up with permanent solutions.

Benefits of Outsourcing

Many accounting firms are outsourcing their work to countries where wages are lower and employee motivation potentially higher. It needs to be highlighted that for a firm to implement an offshore practice, they need to first confirm they have taken all security measures to keep client information safe. Additionally, all clients will need to give express consent to have their work offshored. 

While firms will always need U.S. staff, it is important that we start leveraging our accounts so that an increased amount of preparation work is being done by less-expensive employees. This allows our U.S. staff to get a first level of review and can lead to an immense development of their skills.

Offshoring was once frowned upon in the accounting profession, but it has gradually become the norm as the number of qualified U.S. accounting graduates has decreased tremendously. We are also seeing that many newcomers to the accounting industry are not as willing to work the grueling hours of busy season. It has long been a detriment that the accounting profession rewards promising staff with more work. We need to move in a new direction with our high-performing staff, so that although they may receive more responsibilities, it will not always equate to the grunt work of preparation. Instead, they will be given a team of outsourced staff to manage and complete lower-level preparation work, thereby alleviating some burden and freeing them to complete higher-level analysis work.

Managing an Outsourced Team

For large and midsize accounting firms, bringing outsourced teams to a satisfactory standard will take continuous investment. During this process, it’s important to convey to these new employees your corporate culture and to ensure they feel that they are an important part of the team. Look at these employees as if they are your U.S. staff. If they can develop and your firm can keep them motivated, it will be an exponential benefit as your tenured offshore employees can now train your newly hired offshore employees.

It’s vital to commit ample time to get the first wave of your offshore employees to where they need to be. This includes a lot of training and, most importantly, shadowing so that the new offshore employees get firsthand knowledge of what it is they are expected to do.

For many years, merger and acquisition (M&A) activity in the public accounting industry was primarily driven by succession planning issues. While succession challenges still play a role in a firm’s decision to sell or merge, there are many other factors that are driving the elevated levels of M&A transactions throughout the country, such as: 

• Difficulty in attracting and retaining professionals to provide quality services to clients 
• Private equity making significant investments in CPA firms, providing more opportunities and options in the M&A marketplace, including for smaller firms known as “tuck-ins”
• Lack of sufficient revenue growth due to the labor shortage
• Generalist firms with the absence of high-demand niches, specialty services and formal integrated advisory services, leading to a loss of competitive edge in their local marketplace to larger firms with more resources
• Inability for the partners to agree on a strategic plan together with the necessary investments in resources to remain independent
• Minimal partner accountability for performance and profitability

In this dynamic marketplace, the leaders of today’s accounting firms have several strategic options to consider for their firms’ future. 

Private Equity Investments

Private equity (PE) is making an impressive impact in the public accounting industry. Investments have been made into firms such as Citrin Cooperman, EisnerAmper and Cherry Bekaert. The goal of PE is to generate investment returns through capital appreciation via revenue growth, improved margins and increased valuation multiples typically associated with higher levels of earnings. The capital infusion supports the firms’ long-term growth initiatives, which include accelerating advisory and new and innovative services, investing in talent and technology, and expanding through organic growth and targeted mergers and acquisitions. 

Once a “platform” firm is secured by PE, they are charged with acquiring tuck-in firms, which benefit by receiving multiples based upon their earnings before interest, taxes, depreciation and amortization (EBITDA) that may provide higher valuations than traditional M&A deals. This is also known as a “buy and build strategy” for the fund to sell to a larger PE fund within three to five years. 

An example of a tuck-in transaction structure is as follows:

Cash at Closing	50%
Rollover Equity/Incentive Units	15%	A
Guaranteed Payout	20%	B
Contingent Payout	15%	C

 

1. Rollover equity can be available to current equity partners and incentive units available to mutually agreed upon partners, directors and managers.
2. The guaranteed payout is paid at the earliest five years from the effective date or sooner if the PE investor exits as part of a change-of-control event.
3. The contingent payout is based upon collectable billings to clients during the three calendar years following the effective date and may be paid at the earlier of the third anniversary of the effective date or sooner if the PE investor exits as part of a change-of-control event.

Traditional Mergers and Hybrid Structures

We are seeing a trend with traditional merger transactions where sellers are not seeking involvement with PE but wish to incorporate components of a PE deal into the transaction. The most common hybrid component is an upfront payment to partners. These hybrid deals will continue to evolve and become more widespread in the marketplace.

Internal Succession

There are many CPA firms throughout the U.S. that wish to remain independent, but few firms have implemented formal plans to ensure their legacy. Succession planning is not a program that should take place a few years before client service partners and/or leaders are about to retire. Succession planning should be an ongoing, daily occurrence that considers partner governance and compensation, growth through M&A, marketing, recruiting at all levels and human resource management. Succession planning needs to start at the top with a true sense of urgency.  

CPA firm owners should maintain a realistic perspective about the changing marketplace.They need to understand the powerful impact that private equity has now and will have in the future, and continuously evaluate the market and assess viable options for their future. 

New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization (CREAMM) Act allows for the legal sale and use of cannabis and cannabis products for residents 21 years and older. With New Jersey double the size of Colorado in population, and with Colorado being a $2 billion market, you can see this market will likely be very large in New Jersey.

Across the U.S., there are thousands of cannabis businesses springing up, and there are not enough experienced accounting professionals to go around. For those CPAs in New Jersey who may be considering working with these companies, here are the top five myths about providing accounting services to the cannabis and CBD/hemp niches.

Myth #1: Accounting for cannabis companies is just like any other niche.

Actually, with cannabis and CBD/hemp, we are experiencing the birth of an entire industry, including many sub-niches like farming, chemical processing, manufacturing of foods and products, distribution, testing labs, retail and delivery companies. And you might even find all of these verticals in a single company or organization. 

The major accounting and tax issues in these niches include the following:

• Many vendors will not service companies that operate within the cannabis industry (e.g., accounting, POS, merchant services, payroll).
• There is a lack of accounting tools, workpapers, industry guides, GAAP guidance and chart of accounts.
• New software in the market is full of bugs, significant periods of downtime, features that don’t work and poor customer service.
• Cannabis companies cannot take any tax deductions on their federal return due to the substance's Schedule 1 status (IRC code 280e). There are legal ways to reduce tax liability, but you must understand the tax codes, including what is allowed and what isn’t for each vertical.
• Cost accounting is required under IRC 471-11 to book inventory.

Myth #2: CPAs will lose their licenses if they serve a cannabis company.

Yes, cannabis is illegal on a federal basis, but it is legal in many states, and these companies need good accounting and tax services. 

The American Institute of CPAs (AICPA) has recognized the need for accountants to serve cannabis companies and is on board. For the last three years, the AICPA has hosted a conference of hand-picked experts in the cannabis niche to present key information in an effort to better educate accounting professionals about this grossly underserved segment. If you have any other doubts whatsoever, contact your state board to learn more about serving cannabis companies as a CPA in New Jersey. (You can also attend the next AICPA Cannabis Industry Conference in Boston August 14-16, 2023, where I’m helping to plan and speak at this event. The NJCPA is also hosting a Cannabis Conference on August 2.)

Myth #3: This is an all-cash industry.

Actually, credit unions and banks serve cannabis companies in many different states. For example, Credit Union 1 serves cannabis companies all over the U.S.

That said, there is a lot of cash in the industry, so there is a big need for cash controls and procedures to prevent fraud and theft. Additionally, you will find many cannabis business owners have anywhere from two to 10 non-cannabis entities, such as a real estate or equipment company, and these can have easier access to banking.

The SAFE Banking Act is currently under federal review, and hopefully there will be easier access to banking and merchant services very soon for cannabis companies.

Myth #4: Cannabis companies are a gold mine in terms of net income.

Since there are massive taxes on this industry at the national level via 280E, as well as heavy state and local taxes, it's actually very hard for these companies to have a net income (if they are correctly doing accounting and tax).

Similar to the tech boom, many of these companies will lose money for years. The name of the game for founders and investors is focusing on building brands, growing revenues rapidly, vertically integrating and staying well capitalized. Exit valuations are now based on growth and brand, NOT net income, and will likely be for some time.

Myth #5: Cannabis must be a horrible niche for CPAs.

Since there are so few CPAs in the niche right now, it’s actually a massive opportunity. When you consider that a small, mom-and-pop cannabis business, whether a farm, dispensary or vertical integration, will often be a $10 to $20 million company very quickly, these clients will pay sizable fees for rock solid accounting and tax.

Getting Started

Cannabis accounting is one of the most rewarding industries for those who love the challenge of navigating complex accounting and tax issues, implementing systems and controls and helping clients manage the financial health of their business while maximizing cash flow. 

You can get involved with groups like the NJCPA’s Cannabis Interest Group at njcpa.org/groups.

Proof of reserves (PoR), a method cryptocurrency exchanges and other financial institutions use to demonstrate that they hold the funds they claim to have on deposit, is still in its infancy stage. However, it will continue to be tweaked to meet the standards of compliance and regulatory guidance as needed. The concept behind PoR is to provide transparency and to assure customers and regulators that the institution has the necessary assets to meet its financial obligations.

CPAs need to be aware that there are different ways to prove the existence of reserves, but generally, the most common PoR method is to have the institution provide cryptographic proof that it holds a specific amount of funds in a specific address. This proof is generated by a third-party auditor, which verifies that the institution indeed controls the private keys associated with the address in question.

PoR may help build trust and confidence in the institution, as it gives assurance to users that their assets held by third-party institutions exist. There have also been a few institutions that share their liabilities in a PoR audit for additional transparency. The ability to see a 1:1 ratio between assets and liabilities may help ensure that customer deposits are not being utilized for any other purpose. 

Proof of reserves offers these benefits:

• Increased transparency and trust. Proving reserves can help build trust with stakeholders by providing a clear and verifiable depiction of the organization’s underlying assets and/or liabilities.
• Improved accountability. By proving reserves, organizations can demonstrate that they are responsible stewards of their customers’ assets.
• Enhanced reputation. Proving reserves can enhance the reputation of the organization among its stakeholders, customers and the public.
• Detection of fraud. Proving reserves can help to detect fraudulent activities and ensure that the company’s financial records are accurate.

However, some potential obstacles of PoR include the following:

• There can be significant costs and resources required to perform regular audits to prove reserves.
• The potential for errors or discrepancies to be found during the audit process could lead to negative consequences for the organization.
• Privacy concerns may arise if the process of proving reserves involves disclosing sensitive financial information or a company’s keys.
• It may not provide a complete picture of the company's financial health, as it only focuses on one aspect.

Despite comments by Paul Munter, chief accountant at the SEC, saying, “Investors should not place too much confidence in the mere fact a company says it’s got a proof of reserves from an audit firm,” according to a December Payments.com article, he also mentions that PoR only shows reserves, not liabilities, which would paint a better picture of a company's financial health. To date, only a handful of exchanges have shared a PoR with liabilities included. This will most likely increase as the space matures and as more clarity is provided to the cryptocurrency markets. 

It was once thought that technology and the automation of tasks would be the solver of staffing shortages in the accounting profession. Unfortunately, not only is the technology implementation rate taking longer than expected, but the hard truth is that CPAs are still needed to assess specific intake data, follow the rules, review and input numbers and guide clients. The human component of what CPAs do cannot be replaced in its entirety…well, at least not yet. And, because of a concern about artificial intelligence (AI) some students who would otherwise become accounting majors are shifting gears and seeking out engineering and technology roles, which, by the way, are rich in diversity. Understanding this shift leads to a new way of thinking about who we can hire.

Basic Skills

In breaking down some of the basic skills necessary for entry-level accounting roles and beyond, it’s a given that two highly sought-after skills are math and analytics. If that’s the case, then it would be fair to state that consideration should be given to the following majors: mathematics, statistics, economics, computer science, engineering, physics and actuarial science. These degrees have similar entry-level basics as that of an accounting curriculum and may, in some cases, be more directly suited for candidate roles that companies are desperate to fill. 

Most accounting firms and departments require a degree plus experience after year one. With that said, existing employees are responsible for teaching them the job responsibilities they will have in their particular organization. Would it be fair to say that many of the “accounting” majors you hire, and then teach, end up leaving your company before they become a CPA or on average between two to four years later? If you agree, why wouldn’t you try an alternative to one of the areas lavishly under-represented in these careers, such as academic upbringing?  The firm that realizes that engineering graduates are also insanely great at project management might, in fact, provide audit jobs completely on time.

To be radical, but not off-base, the “come up” of accounting in our firms should require three components of transformation:

• Learn the basics of the job. The employee goes through a series of learning; they learn how to do the job, how to use the technology, the culture of the organization and the ropes.
• Become the teacher. If they stay long enough, then they become the teacher and guide the next layer of new hires along the same path they came.
• Transition to proud employee. Finally, the destination we hope many new employees reach is being proud employees (wearing the logo on their shirt and LinkedIn profile). At this stage, they’ve become subject matter experts or recognized in the area of specialization they’ve chosen, and they can easily sell the organization’s services to clients.

However, most traditional accounting and accounting ancillary degreed individuals likely do not make it up the ranks — more than half of accounting majors, if told that they will grow up to “teach” and “sell,” would choose a different path. With this in mind, psychology, marketing, human resources, entrepreneurship and business and technology degrees also offer huge opportunities for highly sought-after abilities that are often missing in the top tiers of companies. Those individuals make for wonderful candidates who, given the right training (same as accounting degrees), may be the missing link to the growth and expansion of your company. 

Business owners often have the choice to sell equity interests to an outside buyer or to sell internally to employees. Unlike employee stock ownership plans (ESOPs), where there are many employees that will start to have ownership in a company, and there is a fiduciary responsibility had by the ESOP Trustees and management when commencing and managing an ESOP, there is also an opportunity to sell ownership to key employees who might be interested in acquiring equity in the company and ultimately taking over when the selling shareholder retires or wants to slow down. Here are some important considerations for CPAs to relate to clients or their organizations.

Internal Selling Pros and Cons

An employee looking to acquire an equity interest from the owner likely doesn’t have the financial wherewithal to pay a premium price for his or her equity interest. However, they may be able to:

• Take reduced compensation for a period to buy into the company.
• Take out bank financing to help buy out the owner.
• Have the seller take back a promissory note, with principal and interest payments determined.

The positives of doing a transaction like this is that the seller gets commitment and effort from a buyer who wants the company to be successful. Selling internally also allows the seller to plan an exit strategy for him or herself. The company will have a legacy beyond the current owner. It may also allow the seller to work a little longer, in an employee capacity, and to feel connected to the company if the buyer agrees.  

The downside of selling internally versus externally is that the seller may get a lower purchase price when selling to an employee instead of an outside buyer. In valuation, the terms investment value and strategic value refer to a premium over fair market value that may be paid if an acquiror knows the advantages and synergies that may be obtained by owning the target company. The acquiror knows how it might leverage employees, customers, distribution, suppliers, systems, logistics and more, in a transaction. The buyer is willing to pay more because of the anticipated benefits it may receive. 

The valuation standards of value, investment value and strategic value, are perceived as a premium value more than fair market value. For example, if there is a large medical practice with an ambulatory care center and multiple offices, a private equity (PE) firm might pay a premium for that practice because it is buying a substantial medical practice, with work force in place, doctors already on insurance plans, large captive patient base, IT systems in place, and more. The practice may receive a price of six to eight times EBITDA (earnings before interest, taxes, depreciation and amortization) for the whole practice because it is a “strategic” buy for the PE buyer. If the owner of the practice looks to sell it internally, physician employees looking to buy in will not pay this multiple of EBITDA for the practice.  Typically, they don’t have the financial wherewithal, the expertise of private equity investors and the ability to achieve synergies and efficiencies with acquiring the practice. The PE group likely has synergies it will obtain because of other practices it has already or practices it will add onto the first “platform” practice it acquires. 

In a perfect world, when an internal employee buys a minority interest in a company, his or her equity interest value should be discounted by a discount for lack of control and discount for lack of marketability because the employee cannot control the company and the equity interest is illiquid (not readily convertible to cash).  However, owners want to get the highest price they can from an equity interest sale, and usually the value determined will not reflect discounts. When owners are looking to sell internally, they are not interested in discounts to equity interests. They are interested in the value of their company and then they will take a pro-rata percentage of that value as the buy-in price, or at least the starting price in a negotiation. 

Thus, the best way to handle sales to internal employees is to be fair with them and fair to the owner. A reasonable fair market value calculation (or full valuation) should be performed by an appraiser to understand the 100-percent equity value of the company. Then the owner can consider what level of equity they are willing to sell initially. Discussions with employees are important to understand what their expectations are when buying in and when they may want to be a controlling shareholder. Setting proper expectations for everyone is important to making a deal happen and keeping relations positive.

Long behind us are the days when the stereotype of becoming a CPA linked you to a career working alone at your desk. Not only has the economy and technology progressed, but the accounting profession has evolved as well. A CPA in today’s society requires much more than fulfilling a college credit requirement, passing a four-part exam and gaining years of experience through monotonous days of “crunching those numbers.” The evolution of the profession and the meaning behind the license has transformed the goal of an aspiring CPA to become the long-term, most-trusted advisor to clients or their company.

With this newfound role comes a key quality that each CPA and aspiring CPA should develop and continue to foster: being adaptable. It would shock many whose perception of CPAs is solely based on the individual who prepares their tax return, or the auditor who comes around annually asking for paper documents, to learn that almost no day repeats itself. The role of advisor provides CPAs with new challenges and opportunities to service our clients or company on a daily basis through the complete life cycle of the business.

Adaptability in this profession is like an onion — it has many layers. It means not only being able to respond to the changes required in the accounting industry, whether that be due to economy shifts and new regulations (e.g., new grants, tax credits and various programs that were the result of the COVID-19 pandemic), but also adjusting to the internal changes that occur. These internal changes can be due to disruptive technology software updates or conversions, opportunities for innovation, shifts in leadership and changes in firm structure and ownership.   

However, the most unexpected, and yet most important, meaning of being adaptable is adapting to the people you work with, those you report to and those you lead. There are many types of personalities and work styles and being able to pivot between them on a daily basis depending on the team, client or project, while remaining effective, can propel a career. Why is this so important? The behind-the-scenes source of an accounting team’s success is their ability to consistently and cohesively take on the challenges that will inevitability accompany the work.  Clients’ expectations and preferences for receiving their deliverables may be completely different from one another, while the varying teams’ collaboration on achieving the same result may also be unique. How one adapts successfully to the variety of personalities they interact with, styles of work and challenges they face on a day-to-day basis enables the best possible client service and overall leadership within. 

Those who come into this career expecting to have a steady and predictable day to day will have to adjust their mindset. CPAs bring much more to the table than the typical visor-wearing, loud-calculating figure portrayed in cartoons. CPAs offer a wealth of knowledge and expertise across every measure of running a successful business. To become that trusted advisor for our clients or company, we must adapt the services we provide, whether that be advisory and outsourced accounting, human resources, business valuations, estate planning, wealth management, forensic or many others.

CPAs can complete technical trainings and have an abundance of knowledge, but the ability to acclimate to this ever-changing career is a developed skill that is sometimes overlooked as the reason for the success of many leaders. With your CPA license, you have ample opportunity and career path options. And you may find that where you start is not where you end up. Every individual and every business relies on smart financial decisions for success. Executing the details of those decisions will bring many challenges. Adapting to navigate these challenges can lead to a rewarding and long-lasting career. 

“Guilty!” is heard often in federal court, whether the defendant is pleading to the charge or a jury is finding it as a verdict. In cases involving financial crimes, the main witness will be a government employee who is a forensic accountant testifying to the total financial loss.

During the 2022 fiscal year, IRS-Criminal Investigation had more than 1,500 defendants who were sentenced in white-collar crimes. In almost every sentencing hearing, the federal judge will sign a court order requiring the defendant to pay restitution, which becomes a 20-year judgement against the defendant. This judgement allows the United States Attorney’s Office to find and sell the defendant’s assets to pay for the judgement. If the IRS was a victim in the criminal tax investigation, the court order will be sent to the IRS to be classified as a tax assessment, meaning that adverse IRS civil collection actions can be taken as well.

On average, a criminal tax investigation will take 18 months to complete, and that doesn’t include the judicial process of indictment, arrest, trial and sentencing, which can add additional year or two to the process. In many criminal tax investigations, the defendant will need an expert with financial skills to help the criminal tax attorney and defendant. That’s where the CPA is invaluable to the defense team, because the CPA can assist the attorney in evaluating the evidence and independently calculate the loss and possible restitution.

There are a few key areas where the CPA can bring value to a criminal defense attorney and the defendant:

• Burden of proof is different. Calculating the tax loss in a civil audit is different than in a criminal prosecution. The main reason is the burden of proof on a civil audit is on the taxpayer and not on the government. If a taxpayer does not have the proper documentation for a charitable contribution, the IRS can deny the deduction and assess additional tax. In a criminal trial, however, the burden of proof is always on the government to prove the crime beyond a reasonable doubt, whether the allegations are bank robbery, money laundering, illegal drug sales or a criminal tax violation. A deduction on a tax return is assumed to be true until the government proves otherwise. Knowing this burden of proof, the CPA can properly evaluate the loss amount and not rely wholly on the government’s loss calculations.
• 6020(b) calculations. The IRS is in the business of assessing and collecting taxes. When taxpayers don’t file tax returns, the IRS is allowed in its civil authority to estimate the tax due under Title 26, United States Code, 6020(b). And as you can imagine, the IRS will estimate the liability in their favor. If there are unfiled payroll tax returns, the IRS will assume a 20-percent federal income tax withholding rate. This is more than twice the average withholding rate. The estimated amounts under 6020(b) become the basis to calculate the tax loss, and restitution in criminal court. If a CPA is tasked with reviewing tax calculations, one of the first questions to be asked is if the IRS calculations are from the 6020(b) statute.
• U.S. Courts can estimate loss. The federal government is not required to be precise in calculating the loss and restitution. The U.S. Sentencing Commission issues a report every year that advises federal judges on the appropriate sentence for various federal crimes. In white-collar crimes, the financial loss that is attributed to the defendant is the driving factor in determining the length of imprisonment. If a defendant falsified deductions or had unreported income, the courts are allowed to estimate the tax loss using a flat rate (28 percent for individuals, 35 percent for businesses) if a more accurate calculation is not available. The good news is that a more accurate loss calculation can be used if shown to the court.

These three areas are where a CPA can bring value in litigation support in criminal tax cases. If hired, the CPA should review the tax loss through the lens of the government’s burden of proof, question the IRS’s calculations and, if possible, calculate a more accurate amount so that a federal judge doesn’t have to estimate the tax loss.

Worker demands for perks on the job are being met head-on by employers these days. Organizations that are eager to keep talented staff and lure potential new candidates to their offices are developing procedures and creating benefit packages that appeal to the masses, according to Frank Karlinski, a senior vice president at Robert Half on an NJCPA webinar earlier this month.

Currently, he said, there are 11 million open jobs nationally, which is 2 million higher than during 2021. This, according to Karlinski, is “a huge jump.” In addition, the quit level, which is the number of people who are voluntarily leaving their job on a monthly basis, is at about 2.7 percent (4.1 million), which is high but down from the record highs over the summer at 3 percent, he added.

With a national backdrop of a strong hiring market, low unemployment rate of 3.4 percent nationally and unemployment related to accounting and finance of a little over 2 percent, it’s no wonder that retaining people is a top priority, he said. Some of the lowest levels of unemployment are in financial planning and analysis (FP&A), corporate accounting, public tax accounting and audit, and some specific roles within accounting and finance, which are almost at zero unemployment.

According to Robert Half research, national employers are attracting skilled workers by the following breakdown:

• Higher starting salaries (46 percent)
• Signing bonuses (34 percent)
• Flexible work options (33 percent)
• Hiring of remote candidates (31 percent)

Compensation Trends

A common hiring trend currently is employers having to offer higher salaries, he said. “Companies need to be proactive in addressing employee needs regarding compensation. If you are not doing this, you will lose people,” he said. “Signing bonuses is something where we’ve seen a pretty big uptick.”

However, accounting and finance organizations, in particular, are faced with internal equity challenges such as people being hired at higher salaries than what the existing people at a similar level are making. “It’s absolutely a problem and absolutely something that companies need to be proactive in addressing,” he admits. “Sixty percent said existing employees have raised concerns about this. Eighty-two percent have given raises to those who raised concerns. If you are not doing this, from my experience in my day-to-day job, you will lose people.”

So, how does an organization keep people? “It is challenging to retain people because the best people are sought after.” But, compensation helps, he admits, as does incorporating remote and hybrid work options. See table 1.  


Table 1

Hybrid/Remote/Flexible Opportunities

Allowing workers to use hybrid/remote work is a necessity in today’s market. “This is a differentiating factor that employers can offer, and should offer, but there’s a benefit to the employers too.” This applies specifically to remote options, but hybrid options as well, he said. “Flexible work is really no longer seen as a benefit that a company offers it; it’s more or less an expectation at this point.”

And when that kind of work option is presented as too much of a bonus or benefit and not the norm, often employees come to consider it as one of the sole reasons they are working there at all. “Sixty percent of employees are working fully remote or on a hybrid basis at this point. I would argue in New Jersey that number is higher in accounting and finance,” he said, noting that within public accounting he has seen a huge increase in firms letting employees work in this manner. “It’s been a very useful tool in attraction and retention to employees, specifically in public accounting.”

Flexible work schedules and altering times of the workday, such as time blocking and work blocking, are also popular. These have become so much in demand that, according to Robert Half data, more than 40 percent of the current workforce on a national scale is planning to find a new job looking for these attributes, he said. Similarly, more than 50 percent prefer a fully remote position, while 55 percent are open to hybrid schedules. These perks lead to an increase in morale by almost 60 percent, and greater productivity by more than 30 percent, he said.

“There is a big difference being open to a hybrid environment versus a fully remote environment, especially when you are looking at specialized skillsets,” he said, noting that a hybrid employee limits the candidate pool to those who can commute. A fully remote employee gives employers the option to look nationally to fill that role.

“Generally speaking, public accounting has lagged behind private industry in their willingness to have people work completely remote. I am seeing a lot more of it this season, but, as a trend, they are definitely lagging behind industry at this point,” he explained.