• 5 Year-End Financial Planning/Retirement Considerations: A Guide for CPAs

    by Al Kushner, author of 10 Medicare Mistakes Financial Planners Make & How to Avoid Them | Oct 26, 2023

    As the year draws to a close, it’s time for CPAs to gear up and guide their clients through the maze of year-end financial planning and retirement issues. As the economic landscape evolves, so do the challenges and opportunities faced by retirees and those nearing retirement. Here are five considerations:

    1. Revisit Retirement Plans

    The end of the year is an opportune time to revisit retirement plans. CPAs should take the lead in ensuring clients maximize their contributions to retirement accounts such as 401(k)s and Individual Retirement Accounts (IRAs).

    For 2023, the contribution limit for 401(k), 403(b), most 457 plans and the federal government’s Thrift Savings Plan is $20,500. For people aged 50 and above, the catch-up contribution limit is an additional $6,500. For IRAs, the 2023 limit is $6,000, with a catch-up contribution of $1,000 for those aged 50 and over.

    CPAs should also review the asset allocation in these retirement accounts. With market conditions changing, it may be necessary to rebalance portfolios to maintain the desired level of risk and potential return.

    2. Be Strategic with Tax Planning

    Year-end tax planning is a critical aspect of financial planning. CPAs can help clients minimize tax liability by strategically timing income and deductions. For instance, it might make sense to defer income to the next year or accelerate deductions into the current year, depending on clients’ tax situations.

    Additionally, CPAs should advise clients about the potential tax implications of their investment decisions. For example, selling investments with lost value can offset capital gains from other investments, reducing the overall tax burden.

    3. Avoid Mistakes with Medicare Planning

    Medicare planning is a crucial part of retirement planning, and it’s an area where many financial advisors make mistakes. I’ve seen firsthand how these errors can derail a retirement plan. For example, during the annual Medicare open enrollment period (October 15 to December 7), retirees can change their Medicare health plans and prescription drug coverage for the following year. CPAs should remind their clients about this opportunity and help them evaluate their options.

    4. Discuss Social Security Benefits

    CPAs should review Social Security benefits with their clients. The decision of when to start claiming Social Security can significantly impact the benefits received over a lifetime. For those who can afford to wait, delaying Social Security benefits until after full retirement can increase the monthly benefit amount. On the other hand, for those who need income or have health concerns, claiming early might be the better choice.

    5. Initiate Estate Planning

    Finally, year-end is an excellent time to review and update estate plans. Changes in family circumstances, tax laws or the value of assets may necessitate revisions to wills, trusts, powers of attorney and beneficiary designations. Thus, CPAs have a critical role in guiding their clients through the intricacies of year-end financial planning and retirement issues. By focusing on the areas outlined above, CPAs can provide invaluable assistance to their clients, helping them navigate the complexities of retirement planning and positioning them for a financially secure future.

  • CEO Compass - Fall 2023

    by Aiysha (AJ) Johnson, MA, IOM | NJCPA CEO and Executive Director | Oct 19, 2023

    Making Our Voices Heard

    Election Day is Nov. 7. All 120 seats in the New Jersey Legislature are on the ballot and, with them, control of our state’s government. Our political system is founded on the principle of citizens sharing their views and concerns with policymakers. No matter who you vote for next month, it’s important that you make your voice heard. 

    At the NJCPA, we’ve been making our voice heard. Our advocacy work on the state and federal levels encompasses a broad range of activities designed to encourage fair tax policy, improve government efficiency, solve CPA licensing issues and promote business growth.

    With various challenges facing the accounting profession, it is more important than ever to educate policymakers on the real-life impact of legislative proposals.  

    • Legislation drafted by the NJCPA and NJBIA requiring the state auditor to annually issue a reader-friendly summary of the New Jersey Annual Comprehensive Financial Report (ACFR) was signed in September
    • Efforts to grow and diversify the pipeline of accounting talent have been buoyed by legislation supported by the NJCPA that would add accounting to grades K-12 science, technology, engineering and mathematics education programs, better known as STEM. 
    • The NJCPA has joined with the AICPA to advocate for a delay of the beneficial ownership information (BOI) reporting requirement that will affect many small businesses, to allow more time for businesses and CPAs to understand the requirement.

    To read more about our legislative priorities, visit the Legislative Action Center

    While these efforts are led by the NJCPA government relations team, there are opportunities for members to get involved: 

    As always, we encourage your feedback. Thank you. 

  • Top 5 Wage and Hour and Pay Equity Issues That All New Jersey Employers and CPAs Should Know

    by Kathleen McLeod Caminiti, Esq., and Sarah Wieselthier, Esq., Fisher Phillips LLP | Oct 10, 2023

    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.

  • 3 Steps to Prioritize Professional Development in the Workplace

    by Allison Katzmar, CPA, Marcum LLP | Sep 29, 2023

    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.

     

  • 5 Steps to Master the Art of Advisory Services: A Blueprint for CPAs

    by John E. Graziano, CPA, PFS, CFP®, FFP Wealth Management | Sep 19, 2023

    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.

  • CEO Compass - September 2023

    by Aiysha (AJ) Johnson, MA, IOM | NJCPA CEO and Executive Director | Sep 11, 2023

    Continuing the Conversations

    I’ve spent the last three months meeting with profession leaders to understand the opportunities to positively impact the profession, their business objectives and how the NJCPA can help position them for success moving forward. I thank those of you who have shared your candid insights with me and look forward to continuing the conversations.

    The following is just a sampling of the thoughts and ideas I’ve heard so far: 

    • Let’s focus on what’s positive. The pipeline challenge is multifaceted, but what’s clear is the passion for the profession. As CliftonLarsonAllen assurance manager and NJCPA Emerging Leaders Council Vice Chair Joe Hunt, CPA, says in the latest issue of New Jersey CPA, he’d stress to aspiring CPAs that they will have the potential to make a profound difference in someone’s life. 
    • The other big issue leaders are thinking about is upskilling, particularly with soft skills. According to a recent IBM study of 3,000 global C-suite leaders across 28 countries, “Looking to the future, executives are more focused on developing people skills, with time management and prioritization, collaboration and communications topping the list.” 
    • The consensus is that artificial intelligence (AI) won’t replace people, but people who use AI will replace people who don’t. According to the IBM study, as AI continues to evolve, its effects will likely intensify, including at the managerial and executive ranks.  

    As a new season approaches us, I would like to wish you a happy autumn! I look forward to the changing colors of the falling leaves, and pumpkin spice, and hope to see you at one of our events.

    We have a full slate of networking and in-person events this fall beginning with our Atlantic/Cape May Chapter’s Current Issues Update on Sept. 13, Hudson Chapter’s AI/Bitcoin session on Sept. 19 and the Emerging Leaders and Hudson Chapter Happy Hour on Sept. 21. View and register for these and other chapter events at njcpa.org/chapters.  

    I’m optimistic about our exciting journey ahead. We’ll continue to work with a sense of urgency to accelerate our strategic goals and directional initiatives.    

    Thank you for your dedication and support of your Society. We welcome your feedback.

  • Considerations for Insuring Crypto Assets

    by Peter A. Halprin, Tae Andrews, and Owen A. Monkemeier, Pasich LLP | Sep 01, 2023

    Since the peak of cryptocurrencies’ value at the end of 2021, cryptocurrency investors have sustained an estimated $2 trillion in losses. While some of the losses can be attributed to macroeconomic factors that have also impacted traditional finance (e.g., inflation, interest rates), the industry has also been rocked by a series of high-profile cybercrimes and cryptocurrency collapses that have erased the value of millions of customers’ investments. The recent insolvency of FTX, the fourth largest cryptocurrency exchange by volume, amid multiple counts of fraud against former CEO Sam Bankman-Fried, has raised questions about cryptocurrency’s future. Given the challenges of increased regulation, cybercrime, and other liability, the question arises as to what insurance, if any, will be available to participants in the market.

    Although the available coverage will depend greatly on a company’s exposure to cryptocurrency, there are a number of products which are being offered that can address these liabilities. Note that, as there is no standard-form crypto insurance policy, the coverages, definitions, and conditions will vary from policy to policy. And what is important to one company may not be important to another. As such, it is important for companies to work with their CPAs, brokers and insurers to ensure that the policy offered is fit for the intended purpose.

    Types of Coverage

    Here is what is commonly available:

    • Where the risk is protection of digital assets, insurers are offering products more akin to traditional crime insurance policies. These policies can afford coverage for losses caused by criminal or fraudulent activities, including computer fraud as well as employee theft and dishonesty.
    • Cyber insurance can also provide coverage in connection with a cyberattack related to cryptocurrency, including: investigating, responding to or terminating a security breach; notification of the breach; recovery of lost or compromised data; network interruption; responding to cyber-extortion; repair of computer systems; crisis management firms to help contain the fallout from public disclosures of the attack; and/or liability arising from alleged failure to prevent a breach, including the costs of defending against claims by affected parties. The terms of a given policy will determine whether a cryptocurrency loss, itself, is covered.
    • Directors and officers (D&O) coverage could provide coverage in connection with crypto-related claims, such as civil lawsuits, criminal proceedings, administrative proceedings and investigative demands. The terms of a given policy, however, will determine the scope of coverage and the applicability of any exclusions.

    In addition to these coverages, other potentially applicable coverages (again subject to their terms) include professional liability insurance and property insurance.

    This is an emerging space and one in which risk management and insurance will play a critical role in protecting the bottom lines of those exposed to the volatility of cryptocurrencies.

  • Revolutionizing Firm Marketing with AI: A Game-Changing Approach

    by Becky Livingston, Penheel Marketing | Aug 31, 2023

    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.

  • Top 5 Cybersecurity Steps to Take with Digital Assets

    by Christine Fabbro Brunner, CPA, CFE, Bederson LLP and Rob Kleeger, Digital4nx Group, Ltd. | Aug 25, 2023

    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.

  • CEO Compass - August 2023

    by Aiysha (AJ) Johnson, MA, IOM | NJCPA CEO and Executive Director | Aug 14, 2023

    Tackling CPA Pipeline Challenges Together

    As you might expect, I’ve spent much of my first two months as your CEO in meetings with members and NJCPA leaders learning more about what keeps CPAs up at night. Unsurprisingly, the talent pipeline shortage is the accounting profession’s single-most important issue.

    Organizations from across the accounting spectrum, from the Center for Audit Quality (CAQ) and the AICPA to universities and state CPA societies, are taking a hard look at the challenges the profession is experiencing in attracting top talent, particularly underrepresented talent. We know that the profession has a diversity problem, according to the research presented by these and other organizations. By continuing to delve into solutions to attract and retain diverse talent, we can address some aspects of the pipeline issues.

    According to a recent CAQ report, which included responses from 1,800+ students, the next generation of talent sees the following hurdles/misconceptions:

    • They have a lack of interest or passion for the major (driven in part by negative experiences with introductory accounting classes) and a perception that they’re not good enough at math to become an accountant.
    • There are higher starting salaries in other majors, and they don’t want to pursue the 150 academic credit hours required for CPA licensure. For Black and Hispanic business-related majors, the 150-credit hour requirement was the biggest reason for not choosing accounting.
    • A variety of structural supports are correlated with plans to pursue the license, including encouragement of a professor/mentor and whether a student’s college offered a 150-credit hour program (i.e., an accelerated undergraduate program covering 150 credit hours or a five-year master’s in accounting program). Unfortunately, Black and Hispanic majors and graduates reported less access to such structural supports.

    The NJCPA has prioritized the pipeline challenges by developing a Pipeline Task Force, which is made up of a diverse set of professionals.

    The task force is chaired by Zack Cohen, CPA, senior manager at CFGI, and includes many of the Society’s emerging leaders. The group has been entrusted with developing a set of actionable and measurable recommendations that will identify areas that need improvement; practices and programs that the NJCPA should launch, continue or ramp up; where to direct resources; and where further research is needed. It will deliver a first set of recommendations to the Strategic Planning Committee in the fall and to the Board of Trustees in December.

    We welcome your feedback and encourage you to share your stories and get involved.

     

  • Outsourcing Trends for CPA Firms

    by Daniel J. McGuckin, CPA, Mazars USA LLP | Aug 08, 2023

    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.

  • Assessing Your Options: M&A, PE and Hybrid Deals

    by Joseph Tarasco, CPA, Accountants Advisory Group, LLC | Aug 04, 2023

    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. 

  • Top 5 Myths About Working with Cannabis Clients

    by Andrew Hunzicker, CPA, Dope CFO Certified Advisors | Jul 12, 2023

    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.

  • Exceptional Client Experiences Start with Reviewing Financial Goals

    by John E. Graziano, CPA, PFS, CFP®, FFP Wealth Management | Jun 13, 2023

    A study from Salesforce found that 66 percent of clients expect you to know their needs. If you don’t understand a client’s financial goals, you’ll fall short of meeting their expectations. No one wants to feel like a “number,” which is why accountants need to do the following:

    • Learn their clients’ goals
    • Understand the benefit of goal setting for their client relationships

    For example, if you know that a client’s goal is to retire soon, what’s next on their radar? Maybe this individual wants to have money to travel the world and they’re considering selling or handing their business to someone else (perhaps a family member). Each goal comes with its own implications that you can use to meet clients’ expectations.

    Exceeding Client Expectations

    If your clients seem content with your work, why should you take the extra step to focus on both their personal and business financial goals? Here are a few reasons:

    1. Trust: Building trust with a client is one way to ensure long-term success. If you focus on an individual's goals, you can meet their expectations and gain their trust.
    2. Satisfaction: The personalization of focusing on financial goals is what your clients want. One survey found that 8-in-10 clients are more likely to purchase if given a personalized experience.
    3. Retention: Happy clients will stay with your business. Retaining clients is in your best interest because attracting new ones is always more expensive.

    Identifying and Prioritizing Clients' Financial Goals

    You won’t know your clients’ goals if you don’t have in-depth conversations with them. An effective technique is to ask open-ended questions, such as the following:

    • Where do you envision yourself in five years?
    • What milestones need to be met to reach your five-year goal?
    • What do you want to do with your business when you retire?

    For example, imagine a client saying, “If everything works well, I would like to retire.” You know the client wants to retire, but perhaps “if everything works well” indicates that business needs to stay the same or grow to reach the person’s goal. In this example, you could ask them to define what they mean by “everything works well” and when they would like to retire by.

    Setting Goals

    Strategies for reaching your client’s goals can be anything because it’s 100-percent reliant on what the client wants to achieve. However, it’s important to create realistic plans and stretch plans.

    Why both? Stretch goals can help inspire the client to achieve more and may improve performance and create a sense of urgency. Even if the person doesn’t reach a stretch goal, they’ll often surpass their realistic plan, which is always a good thing. Sticking to SMART (specific, measurable, achievable, relevant and time-bound) goals will put your client on the right track to reaching them.

    Throughout the process, whether it’s months or years, it’s crucial to remain in close contact with the client and adjust plans to continue meeting their needs. For example, if the economy impacts the business, you may have to adjust the amount of money the client invests in the company and sets aside for retirement.

    Now, finally, how should you go about offering these services? When it comes to offering these services to your clients, you may choose to offer them entirely in-house, partly in-house or partner with another firm to provide these services. What works best for your firm, your team and your clients will vary. As goals come closer to reality, expectations will be met and exceeded, making you an invaluable asset in the process. But first, you'll need to help identify, set and prioritize your client's financial goals. From there, you can tailor your services to help them reach these critical milestones with the services that your firm offers.

  • Unlocking the Potential: How Proof of Reserves is Changing the Crypto Game

    by Mohammed Bari, Withum | May 25, 2023

    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. 

  • Alternative Thoughts on Hiring Accounting Graduates and Off-Shoring

    by Rachel Anevski, MAOB, PHR, SHRM-CP, Matters of Management, LLC | May 12, 2023

    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. 

  • Selling Business Equity Interests to Employees

    by Monica H. Kaden, ASA, ABV, CHFP, MBA, CliftonLarsonAllen LLP | May 03, 2023

    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.

  • Being Adaptable as a CPA

    by Caitlin Macaluso, CPA, Wiss | Apr 21, 2023

    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. 

  • How CPAs Can Help Criminal Attorneys Evaluate Evidence and Tax Losses

    by Robert Nordlander, CPA, CFE, Nordlander CPA, PLLC | Mar 31, 2023

    “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.

  • Demands for Flexibility, Remote Work and Compensation are High on Employee Wish Lists

    by Kathleen Hoffelder, NJCPA Senior Editor | Feb 28, 2023

    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
    Hiring Chart RH

    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.