Aronson Diversified Commercial Report | AN ARONSON & COMPANY BLOG BY THE DIVERSIFIED COMMERCIAL SERVICES GROUP

A Record Keepers Nightmare is Just Around the Corner

August 19th, 2010 | Posted by Sal Ambrosino

Submitted by Harry Harrison

Now is not too soon to start thinking about the massive increase in record-keeping that will be required. Billions of transactions will have to be identified and re-sorted by vendor, summarized, and reported to the IRS by more than 30 million U.S. businesses.

Unless the IRS administratively sets exceptions or a higher threshold, Read the rest of this entry »


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Posted in General, Mid-Atlantic, Private Companies, Tax | No Comments »

DC Launches Tax Amnesty; Program Waives All Penalties and Fees on Back Taxes Paid by September 30

August 2nd, 2010 | Posted by admin

Delinquent taxpayers will get a rare opportunity to pay outstanding taxes and interest to the District of Columbia, have their penalties and fees waived, and avoid criminal prosecution.  The DC Tax Amnesty program will run from August 2, 2010, through September 30, 2010, offering individuals and Read the rest of this entry »


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IRS Offers One-Time Special Filing Relief Program for Small Charities; Oct. 15 Due Date to Preserve Tax-Exempt Status

August 2nd, 2010 | Posted by admin

Small nonprofit organizations at risk of losing their tax-exempt status because they failed to file required returns for 2007, 2008 and 2009 can preserve their status by filing returns by Oct. 15, 2010, under a one-time relief program, the Internal Revenue Service announced today.

The IRS today posted on a special page of IRS.gov the names and last-known Read the rest of this entry »


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LEASE ACCOUNTING UPDATE

July 27th, 2010 | Posted by admin

FASB is in the process of creating a dramatically different lease accounting model.

Refer to these Diversified Commercial Report blogs for a quick summary: http://www.aronsonblogs.com/DCSG/?p=120; http://www.aronsonblogs.com/DCSG/?p=134]

FASB made it known last month that business combination accounting will Read the rest of this entry »


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Posted in Distribution, General, Manufacturing, Private Companies, Software, Tax | No Comments »

Foreign reporting- statute of limitations and other traps

July 27th, 2010 | Posted by admin

Please be aware that a failure to file information returns with respect to certain foreign transactions  (specifically Forms 8865, 926, 8621, 5471, 5472, 3520, and TD F 90.22.1) not only can result in significant penalties but also that the statute of limitations with respect to the entire tax return (not just items related to the missing information or forms) does not begin to run until the required information has been provided (See IRC  6501(c)(8)).  There is no “reasonable cause exception” with respect to the statute of Read the rest of this entry »


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New Virginia Legislation Benefits Technology Companies

July 21st, 2010 | Posted by admin

Submitted by Alexander Baum

The Virginia General Assembly recently approved SB 428 (Virginia Innovation Investment Act), new technology focused legislation that took effect July 1. The new laws are part of the Governor’s jobs and opportunity agenda, and this legislation focuses on small technology companies in Read the rest of this entry »


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IRS Offers Tax Tips for New Businesses:

July 20th, 2010 | Posted by Jeffery Capron

Interestingly, the IRS has developed a series of tips, termed “Summertime Tax Tips”, that surround a variety of topics.  One such item is Tax Tip 2010-5,that concerns new businesses. 

The specific topics considered are important and include: (1) deciding what type of business entity to establish (2) applying for an Employer Identification Number (EIN), which can be obtained online at www.irs.gov ; (3) adopting a tax year and one or more appropriate accounting methods; and (4) establishing a recordkeeping system .

For more information, http://www.irs.gov/newsroom/article/0,,id=172970,00.html


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Congress Approves SOX 404(b) Relief!

July 20th, 2010 | Posted by Norman Snyder

Bringing to a close a 6 year saga for smaller public companies, on July 15, 2010, the Senate passed HR 4173, previously passed by the House. President Obama has stated that he will sign it into law.  This bill permanently exempts smaller public companies with market caps below $75 million from complying with the external audit of internal control over financial reporting requirements.  However, SOX 404(a), which requires management to perform an annual assessment of internal controls over financial reporting still stands for all public companies, regardless of size. 

Section 989G contains the exemption from Section 404(b) for nonaccelerated filers. It states: Read the rest of this entry »


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Proposed Carried Interest Rules May Hurt Start-Ups

June 25th, 2010 | Posted by Norman Snyder

Tax legislation now pending in Congress may significantly impact the ability of hi-tech and biotech start-ups to raise capital.  Under the proposed provision much of the carried interests that potentially represent very significant compensation to private equity and venture capital fund managers would be taxed as ordinary income instead of paying the currently much lower capital gains rates.  Venture capital fund managers state that this bill would drive investment to shorter term opportunities and away from start-ups which typically require longer to produce returns.

Generally for tax years ending on or after Jan. 1, 2011, the bill would prevent investment fund managers from paying taxes at capital gains rates on all investment management services income received as carried interest in an investment fund. To the extent that carried interest reflects a return on invested capital, the bill would continue to tax carried interest at capital gain tax rates. However, to the extent that carried interest does not reflect a return on invested capital, the bill would require investment fund managers to treat 75% of the remaining carried interest (50% for tax years beginning before Jan. 1, 2013) as ordinary, self-employment income.  The current Senate version of the bill reduces the House’s 75% to 65% on 1-1-2013.


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Posted in BioTech, General, Manufacturing, Mid-Atlantic, Private Companies, Software, Tax | No Comments »

SOX 404(b) Audit Exemption?

June 23rd, 2010 | Posted by Norman Snyder

Last week (June 17, 2010) the congressional conference committee reconciling the House and Senate versions of the federal financial reform bill voted to include a provision that would permanently exempt smaller public companies with market caps below $75 million from complying with the external audit requirements of Sarbanes-Oxley Act (SOX) Section 404(b).  The House bill contained this provision, which was lacking in the Senate version.  Previous SEC extensions had deferred this requirement until fiscal years ending on or after June 15, 2010. 

So, auditors of smaller public companies with June 30 year ends are just now working hard to finalize the first such audits for smaller public companies.  At the time of the last SEC extension granted in October 2009, the SEC proclaimed there would be no more extensions.  Proponents of the exemption and earlier deferrals have long decried what they considered the unjustified high costs of complying with SOX 404.  Supporters of the SOX 404(b) audit requirement, including investor groups and the AICPA’s Center for Audit Quality, have stated that the SOX 404(b) independent audit of internal control over financial reporting is an important safeguard against fraud.  If passed, will this result in a “dual class system of investor protection” as the Center for Audit Quality argues?  Stay tuned. 

Congress has indicated they want to have the final bill on the President’s desk for signing by July 4.


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