Stay up-to-date on the companies, people and issues that impact businesses in Syracuse, Central New York and beyond.
CBORD names Danowski VP of foodservice management solutions
ITHACA — The CBORD Group, Inc., a provider of cashless-card systems used to buy food on many college campuses, has appointed Damian Danowski as vice
Woodbine Group opens anglers’ paradise on Salmon River
ALTMAR — Thomas J. Fernandez is passionate about fly fishing. Fortunately, one of America’s premier venues for the sport is the Salmon River, located in
Boynton is “excited” and ready to become Crouse’s next CEO
SYRACUSE — Kimberly Boynton stands ready to become Crouse Hospital’s new CEO on New Year’s Day, and she believes her time as the hospital’s CFO
Philipson: Slow and steady wins the race
ROME — Six years after Sam Walton opened his first five-and-dime store in 1945 with the goal of being the lowest-cost provider, Herb Philipson opened
Siena: Upstate consumer sentiment recovers from October slide
After losing some confidence amid the federal-government shutdown in October, upstate New York and New York state consumers in November became a little more positive
Wage Theft Act Reform is Needed
The Business Council of New York State, Inc. is urging the New York Legislature to repeal the annual wage-notification provision of the Wage Theft Prevention Act. “The wage notification and acknowledgement requirement of the Wage Theft Prevention Act provides little, if any, additional benefit to employees,” Ken Pokalsky, vice president of government affairs for The
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The Business Council of New York State, Inc. is urging the New York Legislature to repeal the annual wage-notification provision of the Wage Theft Prevention Act.
“The wage notification and acknowledgement requirement of the Wage Theft Prevention Act provides little, if any, additional benefit to employees,” Ken Pokalsky, vice president of government affairs for The Business Council, said in testimony given Nov. 21 to an Assembly Labor Committee Hearing in Albany.
“Repealing this one specific mandate would eliminate unnecessary administrative costs this mandate imposes on private-sector employers that are in full compliance with fair wage laws.”
The wage-notification provision — adopted in 2010 — requires that, each January, private sector employers provide a written pay notice to each of their employees in New York state, and obtain a written acknowledgement of the receipt of such notice from each employee. The employer must retain the notices and written acknowledgement for six years.
Components of the annual-pay notice are virtually identical to information employers already include on weekly or bi-weekly employee pay stubs, meaning that employers bear the additional administrative costs for providing the same information that employees have already received at least 26 times during the prior year.
Current law also requires employers to furnish a written explanation of how individual employee wages are computed, if requested by an employee.
The Business Council supported S.5885/A.8106, sponsored by State Senator Diane Savino (D–Staten Island) and Assemblyman Carl E. Heastie (D–Bronx) during the 2013 legislative session. This legislation leaves the majority of the Wage Theft Prevention Act intact while reducing compliance costs for in-compliance employers and providing stricter penalties for employers that actually violate fair-pay laws.
This opinion is drawn from a news release that the Business Council issued on Nov. 21. Read the Business Council’s full testimony on this subject at http://www.bcnys.org/whatsnew/testimony/2013/wage-theft-prevention-act-112113.html
Facts about Free Markets and Pope Francis
Pope Francis tells us lately the free market is a wicked enemy. It must be restrained. He calls it a “new tyranny.” He insists the successes of free markets have “never been confirmed by the facts.” Ronald Reagan used to say that facts are stubborn things. On economic matters the president had a better grip
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Pope Francis tells us lately the free market is a wicked enemy. It must be restrained. He calls it a “new tyranny.” He insists the successes of free markets have “never been confirmed by the facts.”
Ronald Reagan used to say that facts are stubborn things. On economic matters the president had a better grip of facts than does the Pope.
I crib from an editorial in Investors Business Daily: Before Francis ventured into such territory, he should have first consulted Milton Friedman, who offered this famous gem: “In the only cases in which the masses have escaped from the kind of grinding poverty you are talking about, the only cases in recorded history are where they have had capitalism and largely free trade.”
Fact: Hundreds of millions of the poor the Pope loves starved to death in the 20th century. In India. In China. In Korea. The wretchedness of their poverty was like a bottomless cesspool.
Fact: The salvation of the poor in these countries came from free markets. When India’s bureaucrats finally loosened markets the Indians learned to feed themselves — and to even sell surpluses to other countries. When Mao and his stooges finally allowed peasants to grow and sell food on the side, China began to end starvation. Francis, please take note. Alongside previous attempts to alleviate poverty, these were miracles.
Collectives failed to do this. Central control — the opposite of free markets — failed to do this.
Fact: North Koreans starve today. South Koreans prosper. The difference is that free markets thrive in South Korea. They are virtually forbidden in the North.
Fact: The tyrannical communist rulers have one by one admitted that free markets work better than central control. Today, the Castro dictators are tossing in the towel. They are gradually allowing free markets.
In the past 30 to 40 years, billions of people have finally been granted free markets. In those years more people have been lifted from abject poverty than at any time in the history of humanity.
In the modern era, there has never, ever been such progress for so many. Or for such a big percentage of the poor. Hundreds of millions have access to medicine and clean water for the first time.
These are facts, Francis. Look ’em up. The most startling fact of all is that free markets bring prosperity to more people than any other system.
Are there still poor people? Yes. Are free markets perfect? Not at all. Are they always fair? Nope.
Are there better systems for reducing poverty? There are utopian systems that promise equal wealth for all. They end up dragging everyone down to share in a lower quality of life. And they eventually fall apart. Meanwhile, the elite within these utopian systems do all right for themselves.
Pope Francis, why do you not see such facts? I suspect you see only big international businesses and huge banks as the face of free markets. In fact, many of them try to suppress free markets. Meanwhile, the guy who used to sell you a newspaper every morning in Argentina? He was a free-marketer. Give him more freedom to operate. Give the car-repair guy the freedom to own his garage and to price his work. Give all entrepreneurs fewer taxes and more freedoms and less government. Those elements of free markets work wonders.
Francis, you have faith in what you cannot see. Heaven, Hell, etc. You do not deal with facts on these matters. You rely on faith. You also have faith in central planning, government, bureaucrats. You believe they will lift up the downtrodden. The facts do not support this faith.
The facts support free markets, ugly as they are. As Friedman reminds us: “The only cases in recorded history when the masses escaped grinding poverty is when they had capitalism and largely free trade.”
If free markets have achieved this, why call them tyranny? Why not push for reforms, but also embrace them?
From Tom…as in Morgan.
Tom Morgan writes about political, financial, and other subjects from his home near Oneonta, in addition to his radio shows and TV show. For more information about him, visit his website at www.tomasinmorgan.com
Year-end planning should include review of expiring tax breaks
SYRACUSE — As the year draws to a close, business owners have one last chance to take advantage of some expiring tax breaks before they are gone. There are two major opportunities expiring at the end of 2013 that businesses may want to examine, says Michael Reilly, partner in charge of the tax department at
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SYRACUSE — As the year draws to a close, business owners have one last chance to take advantage of some expiring tax breaks before they are gone.
There are two major opportunities expiring at the end of 2013 that businesses may want to examine, says Michael Reilly, partner in charge of the tax department at Dannible & McKee, LLP in Syracuse.
The first is a section 179 deduction that allows businesses to deduct up to $500,000 of qualified equipment purchases made this year, Reilly says. This is a great option for a business that has invested in equipment because it allows the business to expense the first $500,000 in one year instead of the more traditional five-year depreciation plan. This deduction is good for both used and new equipment purchases, but is only available for purchases of less than $2 million, Reilly notes.
The section 179 deduction is set to expire at the end of this year. So going forward, the benefit will drop down to a $25,000 one-year deduction.
“Look at your purchases and what you might want to buy and think about it this year,” Reilly advises.
Tied in with the section 179 deduction is a bonus tax break that provides up to a $250,000 deduction for real property improvements. Typically such improvements are deducted over a 39-year span, so this is a great opportunity for businesses to really speed up that process, Reilly says. If a business takes advantage of this depreciation, it does count toward the $500,000 section 179 limit, Reilly notes.
That’s a real opportunity, especially for a tenant that’s going to do some leasehold improvements,” he says.
The second major break expiring this year is a bonus depreciation that allows businesses to write off 50 percent of the cost of new equipment purchases this year and can be used in conjunction with the section 179 deduction.
As an example, Reilly says, if a business purchases $700,000 in qualified equipment, it can write off $500,000 under section 179 and then write off another $100,000 of the balance under the bonus depreciation. The business would then depreciate the balance over the next five years.
Both of these breaks can provide some real tax savings to businesses, Reilly says. While there is a possibility one or both may be extended after this year, there is no guarantee and businesses should plan accordingly.
While those two breaks are major ones, businesses should also take note of a number of other expiring tax credits, Reilly adds.
A work-opportunity credit gives businesses a tax break for hiring veterans and economically disadvantaged people while another credit provides anywhere from 14 to 20 percent credit for the costs associated with research and development.
“These are credits and a credit is a dollar-for-dollar reduction in your taxes,” Reilly says.
Businesses should also be aware of new changes to comprehensive repair and capitalization expenses that go into effect Jan. 1 that regulate when taxpayers must capitalize and when they can deduct expenses concerning purchasing, maintaining, repairing, and replacing tangible property.
A key provision is the ability for a business to expense up to $500,000 per item, however the business must have a written policy stating its intent to do so in place by Jan. 1, Reilly says. “If they don’t have it in place, they’re effectively not entitled to this,” he adds.
One final issue Reilly says business owners should be aware of is actually a new “Obamacare” tax that applies to all taxpayers with net investment income, however it’s important for many business owners, especially S corporation businesses, to be aware of because there are steps they can take to mitigate the impact.
“That’s going to be a hidden tax that’s going to affect a lot of higher earners who aren’t paying attention,” he says.
The 3.8 percent additional tax applies to single taxpayers who earn more than $200,000 and married couples earning more than $250,000. Those falling into those categories may want to look for opportunities through tax breaks such as the expiring section 179 deduction, Reilly says.
Reilly’s final year-end advice for business owners is to meet with their tax professionals now and not just at tax time. Those professionals can help businesses identify tax-saving strategies now as well as help business owners get a good handle on their tax situation, so there won’t be any surprises come April.
Contact The Business Journal at news@cnybj.com
Ten strategic planning what-ifs for your nonprofit
In the nonprofit sector, the strategic planning and positioning of your organization typically involves a multitude of “What if?” questions or scenarios as well as predicting future trends. I hope you find the 10 items below helpful as your nonprofit organization and board assesses its strategies for the coming year and for securing the long-term
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In the nonprofit sector, the strategic planning and positioning of your organization typically involves a multitude of “What if?” questions or scenarios as well as predicting future trends. I hope you find the 10 items below helpful as your nonprofit organization and board assesses its strategies for the coming year and for securing the long-term viability of your programs and services.
1. What have you done to assess the impact of demographic changes on future demand for your programs and services? For example, the aging baby-boom population certainly bodes well for elder and health-care services. However, what if it has a negative effect because of the large number of New Yorkers going South for the warmer weather and lower taxes?
2. Demographic assessments are closely intertwined with the impact of our economy on future demands for programs and services. For example, the fact that 25 percent of New Yorkers will be eligible for Medicaid as of Jan. 1, 2014, represents a dramatic shift in the distribution of wealth in New York state. The dramatic increase in poverty, coupled with a vanishing middle class, must be considered for both the short-term and long-term effects on your organization.
3. Many nonprofit organizations, largely due to an aging baby-boom population, are facing the retirement of long-tenured executives and management-team members. Every nonprofit board has the responsibility for selecting its CEO. If you haven’t had to do succession planning in the past 20-30 years, it is a challenge that requires a significant amount of board involvement and oversight, especially since the candidate pool is not as deep as it has been. What if the board is not ready for this task?
4. The stock market is continuing its record-setting climb in the face of relatively weak economic data. All levels of government are experiencing fiscal pressures that will continue to result in reductions in government spending. What if the Federal Reserve stops buying Treasury bonds each month that no one else would buy at the unreasonably low interest rates now offered? The Fed is now up to about $4 trillion on its balance sheet with its quantitative-easing program. How much higher will it go?
5. New York Gov. Andrew Cuomo, in his 2012 Executive Order (EO) No. 38, and the Internal Revenue Service have both made it quite clear that nonprofit boards must evaluate and fairly determine the compensation of the nonprofit CEO on an annual basis. What if your organization is not in compliance with IRS Section 4958 and/or Cuomo’s EO 38?
6. Technology advances continue to amaze and progress at a pace that will fundamentally change our society. For example, think of what you do daily on your smart phone compared to your comparable activities in 1980 or 1990 or 2000. What if your organization fails to see the impact of technological advances similar to the personal computer, digital cameras, and smart phones? While you’re at it, think of the incremental costs with maintaining current technologies, particularly for smaller nonprofit organizations.
7. Competition on prices for goods and services will continue to accelerate. Every organization should prepare and maintain a list of its top 20-30 vendors. The board or its designated committee should be assigned the responsibility of monitoring periodic bidding practices. Remember that government demands warrant more cost efficiencies as their budgets continue to be pressured.
8. What if the federal and state governments finally recognize that nonprofit organizations are among the largest employers in most metropolitan areas? Large nonprofit organizations typically have significant investment reserves and investment income that is never taxed. Knowing the need for incremental government revenue, it is a relatively small leap to anticipate some form of tax on the investment income of nonprofit organizations.
9. What if your computer network is vulnerable to unauthorized hacking? The technology-savvy criminal element continues to target the less sophisticated nonprofit organizations for fraud for initiating fraudulent transactions. In addition to increasing your security protections and processes, you should make sure that your liability-insurance policy covers cyber-crime. Not all of them do so without a separate rider.
10. I would be remiss if I did not mention the potential what-ifs associated with inadequate internal-control policies and proper segregation of incompatible duties. Our current economic environment has resulted in increases in employee misappropriations and malfeasance. What if your independent audit firm has no substantive experience in working with nonprofit organizations that are similar to the programs and services your organization offers?
I could go on and on. However, I encourage every nonprofit board and management team to address its strategic positioning on the topics discussed above.
Gerald J. Archibald, CPA, is a partner in charge of the management advisory services at The Bonadio Group. Contact him at (585) 381-1000, or via email at garchibald@bonadio.com
‘Tis the Season … for tax planning
While it may seem as though you were filing tax returns just yesterday and packing away last year’s records, the time for tax planning for this year-end is now upon us. With a number of significant changes to the tax code resulting from 2013 legislation, tax planning is more important than ever. For a number
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While it may seem as though you were filing tax returns just yesterday and packing away last year’s records, the time for tax planning for this year-end is now upon us. With a number of significant changes to the tax code resulting from 2013 legislation, tax planning is more important than ever.
For a number of years, the possibility of rising tax rates has been a point of discussion, and now that reality has come to pass. The top 39.6 percent income-tax bracket has been added along with a corresponding capital-gains rate of 20 percent for taxpayers in this bracket. Let us not forget the 3.8 percent surtax and 0.9 percent Medicare tax.
Simply looking at tax rates is not enough. In terms of tax-planning strategy, unless Congress acts to extend certain provisions, a number of tax breaks could be dropping into the sunset for years beyond 2013.
Among the tax breaks that may not be available next year are the option for state and local sales/use taxes instead of state and local income taxes; the above-the-line deduction for higher-education expenses; 50 percent bonus first-year depreciation as well as the $500,000 expensing limitation for Section 179 property and tax-free distributions by individuals 70 ½ or older from IRAs for charitable purposes.
While no one likes spending money before they absolutely must, there may be exceptions depending on a number of factors. Consider your marginal tax rate — the highest rate at which your last dollar of income will be taxed — in combination with potentially expiring tax benefits.
Tax planning is a complicated dynamic in which you should consider multiple years together. Common wisdom tells us that if you expect your tax rate may be lower next year, consider deferring income to next year and accelerating deductions into this year. Conversely, if you believe your tax rate will be higher next year, then the opposite approach makes sense.
The reintroduction of phase-outs for personal exemptions for higher-income taxpayers and certain itemized deductions adds to an already complicated situation. Timing is the name of the game in many situations. Whether it be “bunching” of itemized deductions, acceleration, or deferral of income to maximize the potential for limiting bracket shift, timing can be critical.
Tax-deductible expenditures must be made before year-end and can be accomplished with the use of a credit card. When planning year-end stock sales, be sure to consider carry-forward losses available to offset gains and the holding period for the stock. The last thing you want to do is find yourself making a decision that could have resulted in a more favorable outcome if only another day or two had passed. Holding periods are important for sales that result in both gains and losses as well as in situations involving gifts of appreciated stock to charities or loved ones.
Consider this: in 2013, the tax rate for long-term capital gains is still 0 percent for gains and dividends that fall within the 10 percent or 15 percent bracket. This makes one think immediately of gifting to children. But beware; gifts exceeding $14,000 (or $28,000 if splitting gifts with a spouse) will reduce your unified federal gift credit and estate-tax exemption. In addition, if your gift recipient is under 24, the ever-annoying “kiddie-tax” rules could apply.
Charitable contributions are always a topic for consideration. In certain cases, gifting appreciated securities instead of cash makes sense because you may be able to deduct the fair-market value of long-term, capital-gain property. Bottom line: avoiding the capital-gains tax is an important aspect of choosing your type of gift.
IRA conversion is still a popular topic. A conversion from a traditional IRA to a Roth does trigger income and you can’t ignore the marginal tax-rate implications. However, a conversion may make sense if you expect to be in the same or higher tax bracket during retirement.
The timing of health-care expenditures often bubbles up at this time of year. The IRS recently announced a new exception to the “use it or lose it” rule for flexible-spending accounts. The caution here is that there may be limitations and an employer must amend the plan to allow the carryover privilege and the grace-period option may not also be employed. Your best bet is to contact your plan administrator if they have not yet reached out to you.
For all of the changes and 2013 year-end concerns, some of the standby tax-planning items remain relevant. The alternative minimum tax (or AMT) is still a troublesome mess, and retirement plans need to be established before year-end in order for deductions to apply.
Businesses need to consider recently issued rules relating to expensing and capitalizing asset purchases, repairs, and maintenance. The rules take effect in January 2014 and will impact nearly all businesses.
What is one to do? Contact your CPA today and prepare now for what lies ahead.
Gail Kinsella is a partner in the accounting firm of Testone, Marshall & Discenza, LLP. Contact Kinsella at gkinsella@tmdcpas.com
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