Search
 

Sunday
28Feb2010

Construction Tip of the Week

 PRICE KONG & CO., C.P.A.’S P.A.

TIP OF THE WEEK

 I was looking at several polls on the internet, and found a statement of the obvious.  The two biggest challenges facing contractors right now are:  Problems getting financing for projects, and the lack of work.  I am sure that is no surprise to anyone, but what is the solution?

 Talking to several bankers, they all say that there is financing out there.  I still have not found out where that so-called financing is, but that is what they say.

 So how do we deal with the situation?? Here is my advice:
 

  1. BEWARE OF THE LOWBALLER: Do not trade dollars.  Do not take on work that is not going to be profitable.  Change orders will bankrupt your business, and it uses up your bond credit when it comes time to do real work.  Let the low-ballers fail. You are more profitable NOT working if you are not going to realize a profit.

  2. CLEAN HOUSE:  Keep your own house in order.  Make sure that your accounting records, tax filing (income, payroll, sales taxes), state filing and all financial information is up-to-date and in good order.  When it comes time to move on a new job, and the bank or surety wants financial information, you will be ahead of the game if you are ready.  Take this slow time as an opportunity to organize and prepare yourself for when times get busy again.

  3. COMMUNICATE:  Talk to your CPA, Banker, Bond Agent, your subs or generals, your employees and your insurance agents as often as you can.  These are your trusted advisors and should be helping through these times and be a leader on the other end!

  4. BE POSITIVE:  The word on the street is that the economy is on its way back up.  Arizona is going to recover more slowly, and construction of course will take its time too, but we are on our way back.  Be patient, and just plan on how we make the next boom better than the last.

 

 By:      G. Ross Dietrich, CPA, CIT

Saturday
06Feb2010

State Taxing Authorities Get Aggressive

These are frightening times for small business.

As if the economic downturn wasn’t bad enough, state taxing authorities are on the warpath — and your business may very well be in their crosshairs. With budget woes approaching crisis point across the country (witness California’s well-publicized meltdown), state treasuries are stretched painfully thin.

Highway Robbery?

In response to their empty coffers, state taxing authorities are actively targeting both
in-state and out-of-state companies for income and sales tax compliance.

Revenue agencies are aggressively employing random audits and blanketing entire industries with business activity and nexus questionnaires. Thanks to improved data sharing capabilities, agencies are cooperating across multi-state areas, leaving no leaf unturned.

In an almost unbelievable case, New Jersey State Police, aided by state revenue agents, stopped trucks with out-of-state markings on the New Jersey Turnpike. Drivers were queried about the business activity of the company for whom they were delivering and, if it was deemed that the company was indeed conducting business in the state, the trucks were seized and held until a “jeopardy tax” was paid.

Tightening the Nexus Noose

But it’s not just aggressive tax auditors. There is also the very real threat of punishing
tax legislation from state legislatures.

For example, Massachusetts has made the move to unitary filing, requiring companies to consolidate all of their business units or affiliated companies and report combined income in the state if any single unit conducts business there. By considering companies as a single entity, taxing authorities feel they can prevent businesses from shifting income into low- or no-tax states. Vermont, New York, West Virginia and Wisconsin also recently made the move, while other states are scrambling to institute new taxation schemes based on gross receipts.

To top it all off, states are tightening the noose on the definition of nexus — the legal term for a taxable presence in a jurisdiction.
 
Michigan’s two-prong business tax (both a business income and modified gross receipts tax) utilizes an extremely aggressive nexus standard. Companies are subject to the tax if they have a physical presence in the state for more than one day during the tax year or "actively solicit" sales in Michigan. The state has very broadly defined “solicitation” to include use of the Internet, mail or telephone; use of print, radio, television or other advertising; or by maintaining an Internet site over or through which sales transactions occur with residents.

In some states, like California, even if you have no profits if they successfully claim Nexus your business might owe a minimum franchise fee of $800 per year.  While this might not sound too onerous consider that the statute of limitations on the tax doesn't begin to run until the tax returns are filed.  With penalties and interest that $800 per year can add up fast.

A Mistaken Sense of Safety

The longstanding view is that only companies that maintain a physical presence in a state have nexus there. Many companies have mistakenly clung to protections afforded by Public Law 86272, a 1950s-era federal statute that prohibits states from taxing the income of an out-of-state business that is soliciting sales there.

Unfortunately, the law only applies to sales of tangible personal property and doesn’t apply to sales tax. Nor does it offer protection from the gross receipts tax used by states such as Ohio, Texas, Washington and Michigan in lieu of a corporate income tax.

Recent state supreme courts rulings have even held that catalog sales in another state can constitute economic nexus and trigger taxation. Ditto for companies who solicit out-of-state credit-card holders. Once nexus is established, a tax can be levied — typically  based on the proportion of a company's sales, property and personnel in the state.

Are You a Target?

State taxing authorities are increasingly aggressive in identifying potential taxpayers. Their tactics range from surprise visits to the more-common business activity or nexus questionnaire.  Here, taxing authorities may cast a wide net, querying every registered business in a given industry.

Small and midsize businesses are typical targets, as authorities know that smaller businesses often don't have a tax department (and can’t or don’t want to pay a professional to review all of the different states they do business in.).  Depending on the state (Washington is particularly broad in its application of nexus), you could be considered to be doing business there (and subject to taxation) based on any number of seemingly innocent activities.

Even the wording on an employment agreement or contract could trigger taxes. The person your company considers to be in a support or marketing role could be deemed a “salesperson” in the eyes of the state, thus triggering nexus issues.

Much more common is the routine business activity questionnaire that winds up in your company mail and is ignored (or, worse, the wrong person within the company responds and provides inappropriate answers).

California has been particularly aggressive sending out random tax bills based on federal revenues with no expenses to Companies that they believe should have filed returns in California.  Contesting these invoices can be frustrated by what appears to be understaffing of the California taxing authorities.


Because You Need Answers

Business owners are well advised to seek competent tax and accounting counsel before responding to a state's request for nexus or business activity information — even if they feel they have no tax liability in that state.

An experienced accounting professional can provide invaluable guidance and help formulate an appropriate response to state revenue authorities. This typically includes a thorough risk analysis, including a pro-forma calculation of potential tax exposure.  In addition, he or she can advise you on planning techniques that can help avoid or mitigate sales tax issues.

Through our membership in PKF North America, we are in touch with CPA firms across the country to stay abreast of emerging issues in other states so we can advise our clients.

If you would like additional information or if you would like to discuss this in more detail, please contact Christopher Torregrossa, CPA.  He can be reached at (602) 776-6317 or E-Mail him here.

Monday
01Feb2010

ProfitCrew Best Practices Survey Report

This comprehensive report demonstrates what the best construction companies are doing in terms of performance analysis, financial management, fraud prevention, productivity monitoring and incentives.

We encourage you to learn from these top performers compliments of Price Kong and ProfitCrew, a national association of accountants and business advisors dedicated to serving construction clients.

Download ProfitCrew Best Practices for Operational Excellence™ Survey

 

Learn more about our Construction Services Group

Tuesday
15Dec2009

Profitability Tips for Construction Businesses

ProfitClue Issue IV
Profitability Pointers

Exit Planning – Always a Timely Subject

While your primary concern these days may be just surviving the current business cycle, this might actually be a good time to start thinking about the transition to the next generation of owners.

A graceful exit is one of the most challenging tasks you’ll face as a business owner. That’s especially true in the construction industry, where high risk and low margins can make buyers scarce.

Even if you pass on ownership to family members or senior managers, the absence of a market for your business makes it difficult to place an accurate value on the company’s assets. Without this accurate valuation, objective decision-making often gives way to subjective guesswork about how much your equity is worth, and how best to finance the transition to new owners.

The industry’s unique capital structure further complicates exit planning. Lenders and surety companies understandably prefer to see you leave greater equity in the business – at the very time you are trying to take equity out. You’ll need to balance these conflicting priorities while still maintaining crucial financial relationships. That requires clear communication, careful planning, and adequate time for a smooth transition.

You also need time to groom successors. Start by delegating greater responsibilities to potential successors, and mentor young leaders in decision-making. They might make a few not-so-great decisions, but these can become powerful teaching moments.

Review your incentive programs as well. Deferred compensation plans give key employees substantial incentives to stay with the company. A phantom stock plan (a contractual agreement that mimics actual stock ownership) can give employees a vested interest in the company’s success without diluting ownership.

Another option is an Employee Stock Ownership Plan (ESOP), a tax-qualified employee retirement plan that allows you to sell your stock to your employees as you gradually step out of the company. ESOPs carry heavy administrative burdens and other challenges, though, so get qualified professional help and investigate carefully.

So when should you start? Sooner is better. In fact, some say you should start planning how to get out of your company the day you open its doors. At a minimum, allow at least two or three years – longer if you can – to get the business in shape, identify new owners, and get the deal done.

You have much to gain by planning early, and much to lose if you start too late.


 Case in Point
Planning – The Key to Continuity

Construction is inherently a high risk business, so allowing control of a company to pass to a risk-averse owner can be disastrous.

It’s all too common to see a surviving spouse, burdened by the challenges of ownership, struggling to make confident decisions. Soon the company loses momentum, revenue and market share, and often fails to survive. It’s even worse if the Internal Revenue Service takes a large share due to inadequate estate planning.

One way to prevent such outcomes is to complete a continuity plan or buy-sell agreement, which addresses what happens in the event of your death or disability. In fact, your bank or surety company may require that you have such a plan in place. In addition to identifying a successor, a buy-sell agreement should cover the following subjects:

  • Triggering events – What occurrences (death, disability or retirement, for example) would cause the agreement to go into effect?
  • Valuation – What valuation formulas will be used to assess the assets and liabilities of the business?
  • Funding – How will the purchase be financed? Installment payments, a bank loan, or a life insurance policy on the owner can provide cash to fund a buyout and keep the company going.

Because companies change over time, you should review a buy-sell agreement periodically. Contact your financial advisors to make sure yours is up-to-date.

 

Case in Point

Q: If I’m passing my company on to my family or a group of employees, why do I need a professional valuation?  Isn’t that an unnecessary expense?
A: The benefits of a professional business valuation go beyond determining the fair market value of your company. In fact, as critical as it is, fair market value alone should not be construed as the selling price, but rather as a benchmark from which to work.

If you’re transitioning to family members or an insider group, as is often the case with construction businesses, your strategy will likely involve transferring part of the business at the lowest possible value in order to save taxes. The value of a minority interest in your company would be substantially discounted, often by as much as 25 percent to 50 percent, due to lack of marketability. Part of the business valuation expert’s job is to determine the amount of that discount.

Armed with the fair market value of your company, you can also make more informed decisions about your next steps, and design the transition of the company in a way that maximizes value and minimizes taxes. In addition, a professional valuation can open your eyes to other crucial business information including your relative position in the market, potential risks, and current industry and market trends. 

Click here for more information on Price Kong's Construction Services Group.
Saturday
03Oct2009

Forget Joe the Plumber's taxes . . .

Contractors Should Focus on Survival, then Economic Stimulus 

By: G. Ross Dietrich, CPA, CIT, Senior Audit Manager, Price, Kong, &Co., C.P.A.’s P.A.

“If you win, will my taxes go up?” Joe the Plumber’s question to Barack Obama captured the American imagination, and it rang particularly true in the construction industry. Here was one of us on the front lines, debating tax policy with the presidential frontrunner.

And to be fair, Joe asked a great question. In the weeks that followed, several newspapers analyzed tax prospects for owners of contracting companies like the one Joe hoped to buy, and found those contractors would indeed have faced higher taxes under Obama’s platform as it then stood. Many other contractors would have paid more too: Obama and other Democratic leaders had called for a wide range of tax increases (income, payroll, capital gains, dividends, estates) and limits on deductions and incentives for businesses.

But that was then, and this is now. While tax increases on higher incomes are still likely down the road, they appear to be off the table for now. In fact, new tax reductions and incentives, including for businesses, are a major part of Obama’s economic stimulus proposals thus far. So is a new pledge to leave the Bush income tax cuts undisturbed (they are set to expire in 2010).

Construction’s long recession

The trigger for Obama’s reversal, of course, is the accelerating economic crisis. The financial collapse was well underway during Joe the Plumber’s 15 minutes of fame, but since then the economy has continued its downward spiral with more bank failures, stock market panics, threats of automotive bankruptcies and more than half a million layoffs.

Still, as every contractor knows, even then Joe was already facing a bigger problem than taxes.

Before Joe, and before the Wall Street meltdown, the United States was already ten months into a recession — led by a depression in the housing industry — and construction contractors were taking the brunt of the hit. In that situation, higher taxes were becoming less a threat to contractors than the prospect of a sharp drop in taxable income.

Now, as the economy has declined further, and with backlogs declining, most contractors don’t really know what the next year or two holds. To some, just breaking even will be a victory.

In difficult times . . .

How can you tighten your ship, weather the storm and sail intact into the recovery?

That recovery may come sooner than you think, as the U.S. government implements stimulus programs for which spending will approach or exceed a trillion dollars — programs in which construction contractors will quickly play a large part.

To come through the hardest times ahead, ready to take on a profitable share of the recovery, contractors today must focus their business strategy on certain basic elements. Our firm believes that these six areas are among the most important:

  • Customer acceptance. As the economy slows and jobs are scarce, it can be tempting to take on work you might not have considered before. But now more than ever, contractors must carefully scrutinize their customers — even those they’ve worked with in the past. Why? Because the downturn affects everyone.

To be sure the owner can pay, see proof of financing and confirm a history of timely payments. Also size up the industry. For example, is the customer a retailer or a supplier to the auto industry? These aren’t necessarily deal-breakers, but be careful not to bid into a situation where you may never collect.

Expect to see more low-margin jobs, onerous contract clauses and ornery clients. But don’t go on a take-any-job campaign — it can take you straight out of business — and be wary of going too far outside your competencies or your geography.

  • King Cash. A ready cash flow is always important but in lean times it’s paramount. The day you win a contract, turn your attention — and especially your project managers’ attention — to billing and collection. Be sure everyone understands billing and documentation requirements from the owner, architect or general contractor. If in the past you waited 60 days to pursue collections, move it up to 30 days. Often the squeaky wheel really does get grease. But if receivables go past 90 days, discounts may make sense.

For your own part, pay bills in installments whenever possible and never pay in advance without a solid discount. Remember that vendors face the same economy, and many of them will be more ready to deal.

  • Two budgets. Volatility like this argues for two budgets, not one. First develop a traditional conservative budget with forecasted revenues and detailed cost structure.

Then do it again — for a “doomsday” scenario, such as in the case of failed funding on a key project. The value of this exercise is simple: Most significant cost containment measures, like layoffs, involve emotional decisions, and those are best made early in a cooler atmosphere. It’s natural to delay cutting costs and hope things will change, but it’s better to understand in advance which employees face termination if the company can’t meet its revenue targets.

  • Cost structure. In good times it’s easy to decide an expense is necessary. But is it really? Now’s the time for owners and CFOs to sit back and openly and honestly challenge the company's cost structure line by line. What items can be reduced or eliminated completely?

Then encourage everyone at all levels to drive out costs as well. Make a point of publicly congratulating and rewarding employees who find such savings, possibly with a bonus. Start at the top, and be alert to appearances. An S-corporation shareholder can take a 25% pay cut without changing his ultimate take-home profits. However, the message sent that the owner is taking a pay cut can speak volumes. Further, when employees see an owner drive up in an expensive new car, fuel it on a company card and take a raft of other personal items through the company books, they become much harder to educate about the dire economic conditions we face.

  • Review labor and staffing more closely than usual. Identify unproductive or redundant labor and inefficiencies, and see what’s not needed. Also, consider reducing or eliminating bonuses in the short run — but plan and announce such cuts in advance, so employees don’t count on the same slice they may have received in the past.

  • Leverage underused equipment. If volume drops and you no longer have the capacity to use a piece of equipment, it might make more sense to rent — and sell an idle machine to raise cash.

Expect counter-pressure from dealers, though, both new and used: In a slow economy, they’ll offer increasingly large discounts. Coupled with huge depreciation deductions at the federal level, these discounts can make purchases difficult to resist. But new equipment that sits on your back lot is no bargain.

End of the tunnel in sight

The debates over President Obama’s proposed American Recovery and Reinvestment Plan address the economy from many angles — infrastructure needs, job creation, credit thaw, tax relief, environmental opportunities, and so on. The result will not be entirely pleasing to anyone.

But construction contractors should focus on one thing: The vast resources of the United States government are about to be brought to bear in a great “jumpstart” of the national economy — and construction contractors will be front and center in the effort.

Obama’s plan, as he explained it before his inauguration, pledges to save or create at least three million jobs, with priorities in clean energy, education, health care and infrastructure. For example, it calls for:

  • constructing new fuel-efficient buildings
  • modernizing 75 percent of federal buildings
  • improving energy efficiency in two million homes
  • building modern facilities at tens of thousands of schools
  • repairing roads and bridges across the country

Other projects that have been discussed include new and upgrade construction for transit systems, airports, public housing, flood protection systems, hospitals, alternative energy projects and water-treatment plants.

However the final stimulus act is configured, it will include immediate funding for shovel-ready projects of many kinds. That means contractors who can hold on will be rewarded, and not so far down the road.

If you’d like to talk about how your business can be one of the survivors, so would we. Please give us a call any time.

G. Ross Dietrich, CPA, CIT

Senior Audit Manager

Price, Kong, & Co., C.P.A.’s P.A.

Direct line: 602-776-6344

Front Desk: 602-776-6300

Email: rdietrich@pkcpa.com

Web: http://www.pricekong.com