Self-test for CPA Accumen, Part 1

When out beating the bushes I hear it all the time. “S-corporation? Structure? Taxes? Oh, I have a good accountant. I have been with him for years. He does just fine. We’ve never been audited.” While I appreciate their loyalty, I cannot help but wonder, “Do they really know?”

Even without meeting the accountant de jure, it can be assumed “things” are slipping through the cracks. That once a year event that brings company and accountant together for the Ides of March is not adequate opportunity for any professional to understand and counsel a corporation, let alone structure it. That corporate tax filing deadline is not the time to do anything except perfect the tax paperwork and file it. Besides if you are filing 2009 tax reports on March 15, 2010, any discussion about tax planning (which a good accountant will not have the time to do during this  busy period) should be about your 2011 tax year that will be filed in calendar 2012. If that isn’t your planning frame work, then your tax planning is misguided.

I have developed some questions. Don’t worry you don’t have to put your accountant on the spot by asking him/her the tough ones. You can read and answer the questions yourself. Some of the gaffs are most obvious, others may not be. In any event, they are missed, hence the “gaff” label.

Recall any previous year, when you met with the accountant, did the accountant ask for the  preliminaries to establishing a relationship?

  • a copy of your EIN
  • a copy of your articles of incorporation and
  • your accounting resolution?

Accounting is little different than banking–it’s about money. Most accountants have seen enough boiler plate corporate forms to know a company needs to have a banking resolution to open a corporate account. (No, openning a personal that you designate as the “company account” is not sufficient.) That is necessary because of the fiduciary relationship that exists between the corporation (a separate legal entity) and the corporate actors/owners. The power and authority to have bank accounts and operate them must be delegated by the directors.

If one must be empowered to use the company check book, so must one be empowered to hire and retain the corporate accountant. Any accountant who understands corporate business isn’t going move pencil one until he/she sees the basic paperwork. Any accountant who proceeds without demanding this paperwork is either ethically challenged or not well  enough rehearsed in corporate accounting to do the job.  In either event, this is not the accountant for your business no matter how long you have been using him or her. If one fails in the prelims, what about other details?

These are not small issues to be brushed aside. This is exactly kind of blind acting that opens corporations to having their veil pierced. There are no options to these beginning steps. Remember, in the end, the owners of the corporation are responsible for all malfeasance.

  1. Did your accountant as for a file copy of your EIN number?
  2. Did the accountant request a copy of the board resolution authorizing him/her to be retained on behalf of the corporation?
  3. Was a copy of your articles of incorporation requested for his file?

A “no” answer to any of the above suggests that you do not have the right accountant for your corporation. Thank him/her for their time and move on.

This part one of an ongoing series that will be continued and revisited from time to time.

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S Corporation Late Filing Fee Skyrockets

picture of road sign to place called "tough"

The Times

A plethora of new tax rules come into affect for 2010. One likely to hit  many less organized S corporations is the late federal 1120s filing fee. It is now a $195 penalty for each owner. Previously the late fee was substantial at $89 per owner.

One should expect cash-strapped state tax departments to get into the act in the future.  It goes without saying the federal government will continue to target business for tax increases, since that burden falls upon the public outside of its perception, hidden in the cost of doing business.

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Selected Topical Links to IRS Publications

Selected IRS Publications
Links To
Consult these IRS publications as primary sources for each listed topic.
Accountable plans Publication 15 (Circular E)
Bonuses and supplemental pay Publication 15 (Circular E)
Cafeteria plans Publication 15-B,
Employer’s Guide to Fringe Benefits
Characteristics of Government Entities Publication 963, Federal-State Reference Guide
Clothing and uniform allowances Publication 15-B,
Employer’s Guide to Fringe Benefits
FSLG Taxable Fringe Benefits Guide
Deposit rules Publication 15 (Circular E)
Emergency workers Publication 963, Federal-State Reference Guide
Employee meals and lodging expenses FSLG Taxable Fringe Benefits Guide
Publication 463, Travel, Entertainment, Gift and Car Expenses
Employee use of employer vehicle Publication 15-B,
Employer’s Guide to Fringe Benefits
FSLG Taxable Fringe Benefits Guide
Fee-based employees Publication 963, Federal-State Reference Guide
Filing requirements Publication 15 (Circular E)
Information reporting General Instructions for Forms 1099, 1098, 5498, and W-2G
Medicare coverage Publication 963, Federal-State Reference Guide
Nonqualified (section 457) retirement plans Public Employer’s Tax Guide
Publication 963, Federal-State Reference Guide (includes Notice 2003-20)
Public retirement systems (social security replacement plans) Publication 963, Federal-State Reference Guide
Section 218 social security coverage Public Employer’s Tax Guide
Publication 963, Federal-State Reference Guide
Sick pay Publication 15-A, Employer’s Supplemental Tax Guide
Volunteers Publication 963, Federal-State Reference Guide
Wages and items included in compensation Publication 15-B,
Employer’s Guide to Fringe Benefits
FSLG Taxable Fringe Benefits Guide
Who is an Employee? Publication 15 (Circular E)
Withholding Publication 15 (Circular E)

The IRS continual revises and up-dates its various forms. Therefore, you should check the IRS Web site. If you can’t find what you’re looking for here, there are many additional publications on their web site than the ones listed above.

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