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Predictions for Expiring Small Business Tax Breaks

By BILL BISCHOFF

As the end of 2011 approaches, a slate of business tax breaks are scheduled to expire. Their demise - or renewal - may ease your year-end tax planning. In what has become an annual ritual, here is a look at the most popular expiring small and medium-sized business tax breaks, accompanied by fearless predictions about which ones will be extended.

100% First-Year Bonus Depreciation

For calendar year 2011, business taxpayers can write off the entire cost of qualifying new (not used) assets--including most software, vehicles, and equipment in general. Assets must be placed in service -- hooked up and ready for business use -- by 12/31/11 to be eligible.

Prediction: More likely than not to be extended through 2012 thanks to the weak economy. Will that happen before the end of this year? One can only hope.

Liberalized Section 179 Deductions

For tax years beginning in 2011, eligible small and medium-sized businesses can immediately write off up to $500,000 of qualifying new and used assets--including most software, certain "heavy" vehicles, most equipment, and up to $250,000 of qualifying real estate improvements. Assets must be placed in service (hooked up and ready for business use) by the end of the tax year to be eligible. For tax years beginning in 2012, the maximum Section 179 deduction is scheduled to fall to only $134,000, and deductions for real estate improvements are scheduled to go away.

Prediction: More likely than not to be extended through 2012, thanks to the weak economy.

0% Tax Rate on Future Gains from Qualified Small Business

Stock

For qualified small business corporation (QSBC) stock that is issued in calendar year 2011, a 100% federal gain exclusion break is potentially available. That equates to a 0% federal income tax rate on future profits from selling QSBC shares down the road. You must hold the shares for more than five years to be eligible, and many companies will fail to meet the definition of a QSBC. However, the 0% rate is obviously a great deal for eligible shareholders. For QSBC shares issued in 2012, the gain exclusion percentage is scheduled to drop to 50%.

Prediction: 50/50 chance that the 100% gain exclusion will be extended through 2012, thanks to the weak economy.
Economic Outlook
Business spending
Growth up 7.5% this year and about 5% in '12
GDP
Growth around 2% in '11; about the same in '12
Trade deficit
Rising to $605 billion in '12, up 10% from '11
Interest rates
10-year Treasuries near 2% through mid-'12
Energy
Oil trading between $85 and $90/bbl.
Inflation
Slipping back to 2% in '12, after hitting 3.3% in '11
Housing sales
A long road back
Unemployment
Stuck around 9% through most of '12
Retail sales
10% growth in '12, up from 8% in '11
 
 
GDP
Last updated: October 27, 2011

The U.S. economy will grow about 2% in 2012, roughly the same as in 2011, enough to avoid another recession but not enough to make much of a dent in unemployment.

Faster growth in the second half of 2011 will rescue the U.S. from a downturn, and shows that pent-up consumer demand and business confidence provided enough momentum to overcome a summer of stock market gyrations, a European financial crisis and the debt limit drama in Washington.

After growing at an annual rate of only 0.9% for the first half of the year, gross domestic product grew at a 2.5% rate in July, August and September. Business investment surged at a 16% rate and consumer spending rose at a 2.4% annual rate — not great, but well above what would point to recession.

Unfortunately, growth isn’t accelerating. It is unlikely to grow faster in the fourth quarter than it did in the third, indicating that a sustained recovery still hasn’t started, more than two years after the end of the Great Recession.

It will be the same story in 2012: GDP growth of about 2%. There is little prospect of a major fiscal or monetary stimulus, or any other development that might boost growth. The economy should stay out of the ditch, but it will remain vulnerable to possible shocks — war, terrorism, an oil price shock or a natural disaster. One or more of these could tip the weak economy into recession.

Consumer spending, which comprises about 70% of GDP, is positive but not strong enough to sustain a recovery. It grew at a 2.4% annual rate in the third quarter, twice as fast as in the first half of the year. This was despite a drop in consumer confidence in mid-October to levels not seen since the depths of the Great Recession. Falling income and stubbornly high unemployment are weighing on the minds of consumers, who are, however, borrowing more to spend, with car sales a bright spot.

Dept. of Commerce: GDP Data


EMPLOYMENT
Last updated: October 7, 2011

We expect job creation to continue, after new employment data that brush aside talk by some that we’re in a recession.

Look for job growth of 150,000 a month in 2012. That’s enough to sustain growth in gross domestic product of around 2%, but too low to reduce the unemployment rate and nourish a strong recovery.

The private sector added 137,000 jobs in September. The total was boosted by the return to work of 45,000 Verizon employees who were on strike in August, but it’s still an increase that points to slow growth, rather than contraction. Private-sector employment is key because it represents the lion’s share of employment and indicates the overall direction of the economy.

Government payrolls, meanwhile, continue to shrink. Local government shed 35,000 jobs in September, for a total of 535,000 over the past three years. In the past six recessions, employment by federal, state and local governments was rising during each downturn, helping to soften the drop in the private sector. Not this time.

The jobless rate, meanwhile, is stuck at 9.1%, and it won’t fall much in 2012 as workers discouraged from looking for a job decide to give it another try. An increase in the number of active job seekers — both newcomers to the labor force and laid-off workers who become encouraged enough to start job hunting again — will keep the jobless rate elevated even as payrolls are being expanded.

Along with positive elements of the jobs picture last month, there were some negatives. The number of people working part-time but wanting a full-time spot rose to 9.3 million, from 8.8 million in August and 8.4 million in July. That’s near its record high of 9.51 million in September 2010. Of the 14 million who are unemployed, 44.6% have been jobless for more than half a year, up nearly two percentage points in just the past month. And the broader, so-called “underemployment rate” inched up to 16.5% from 16.2% the previous month.

Looking at industries, a surprise came as 26,000 construction jobs were added, better than in March through August combined. These jobs resulted from a summer spurt in putting up offices, power plants and other structures, as well as work on roads and bridges. Look for this construction gain to tail off in the fourth quarter. Elsewhere, health care continued its predictable increase, adding 44,000 jobs. Manufacturing shed 13,000.

Year-to-date, total job growth is 1.07 million, with private-sector employment up 1.34 million and government jobs down 267,000. More hiring is required to supply the economy with the oxygen needed to grow. The slow pace of private job gains takes a toll, dampening growth in incomes. That, in turn, results in less consumer spending, which accounts for 70% of all economic activity.

Dept. of Labor: Employment Data


INTEREST RATES
Last updated: October 12, 2011

After promising to keep a key short-term interest rate near zero at least through the middle of 2013, the Federal Reserve now will try to lower long-term rates, already at record lows. That will keep a lid on borrowing costs for a while, but it won’t do much to help the economy.

Commercial banks will keep their prime lending rate at 3.25% into 2013. The 10-year Treasury note, a benchmark for mortgage rates and corporate bonds, should remain near its current rate of 2% until growth picks up, which won’t be sooner than mid-2012.

The Fed’s method of lowering long-term rates is a plan to sell $400 billion worth of short-term debt and buy Treasury notes and bonds with maturities of six to 30 years. Fed Chairman Ben Bernanke hinted at this move weeks ago, and those expectations were incorporated into rates, so don’t expect big drops in long-term rates right away.

In setting such a target, the Fed is hoping that more consumers will refinance or buy a house, thereby increasing growth of the economy. But the problem hasn’t been lack of applicants. Real estate agents report deals falling through because appraisals come in below the sales price. Other deals fall through because would-be buyers can’t sell their existing homes. Meanwhile, most businesses have cash -- corporations have accumulated a record $2 trillion. Lower rates at this time won’t induce them to buy new equipment or hire more workers.

Growth remains sluggish, even after previous Fed actions to spur lending. The Fed pegged its rate for overnight loans at near zero in December 2008 and launched a huge purchase of Treasury debt in 2009 and 2010. With all that, GDP grew only 0.4% in the first quarter of 2011 and 1.3% in the second, and is on track for about 2% in the third quarter.

Some Fed watchers see a hidden purpose in the Fed’s latest action: to let inflation creep toward 4% or 5% a year (consumer prices are up 3.8% over the past 12 months), hoping that it stimulates buying and investing and, ultimately, hiring. Fed officials wouldn’t come out and admit this because a central banker’s greatest worry is runaway inflation. In the past, Bernanke has said that 2% a year is the maximum that should be tolerated. But the Fed is willing to put inflation-fighting on the back burner if it can lower the unemployment rate, which is unacceptably high at 9.1%.

Details of the latest move are in the policy statement from the Federal Open Market Committee, the Fed’s rate-setting panel, which just concluded a two-day meeting. Three of 10 members voted against the move, saying they don’t support more monetary stimulus at this time.

The next FOMC meeting will be Nov. 1 and 2. Attention will focus on what else the Fed might do if unemployment remains high and growth, tepid.

The Fed could buy more bonds outright and add debt to its balance sheet, instead of trading short-term bonds for an equal amount of long-term debt -- the more conservative approach so far. But several members of the FOMC would resist another round of bond purchases out of fear that it would sow the seeds of inflation. Other alternatives are few and mostly untried -- charging banks interest for parking their money at the Fed, for example, or even negative interest rates for overnight loans. These too, would meet substantial opposition by some Fed board members.

Federal Open Market Committee


BUSINESS SPENDING
Last updated: October 26, 2011

Orders for longer-lasting manufactured goods will continue growing, one of the few sources of strength in the recovery, slow as it is.

That’s the message from orders for durable goods in September. Orders for durables -- those expected to last three years or more -- send a signal on how strong or weak investment will be.

If confidence in the economy improves -- an even bet right now -- figure that investments in software and equipment will rise at an annual pace of about 9%, July-December, compared with a 7% rate of growth in the first half of the year. Meanwhile, spending on structures is likely to show a modest gain through the fall.

Durable goods orders In September fell by 0.8%, but that’s misleading because of the big-ticket impact of airliners and other civilian aircraft. Orders excluding airplanes surged by 2.4%, with strength across almost all categories, such as machinery and electronics. This strength in manufacturing says the economy will avoid a recession near term, at least.

Elsewhere, inventory spending rose a modest 0.9% in August, close to the average increase of 1% a month during the past year. Spending on plants, warehouses, stores, offices and other structures grew at about a 15.7% annual rate in the April-June period.

This isn’t enough to help much with unemployment. To make real headway, sustained job growth of 200,000 a month is needed, well above the pace of the past couple of months. That number looks beyond reach as managers remain wary, waiting to see whether the economy will slide into a recession. A return of confidence depends on avoiding shocks similar to those in the first half of the year, such as soaring oil prices and the earthquake in Japan.

Census Bureau: Durable Goods Report
Census Bureau: Business Inventories
Census Bureau: Construction Activity


INFLATION
Last updated: October 19, 2011

Inflation is easing and will stay low in 2012 because of the slowing economy. But inflationary pressures are lurking that could rekindle inflation when the economy picks up in 2013, especially if Washington fails to control the federal debt.

The Consumer Price Index increased 0.3% in September and is up 3.9% over the past 12 months. But that increase reflects a 33.3% rise in gasoline prices. We look for gasoline to decline about 12% between now and year-end, leaving inflation at 3.3% for the year.

Looking at 2012, we think prices will rise about 2%. Weak economic growth will dampen prices for food, energy and other goods. But last month’s gain, which occurred across a broad array of goods and services, shows that inflation can quickly roar when the economy starts firing on all cylinders.

Somewhat distressing is the persistent elevation of the core CPI, which excludes food and energy. It rose only 0.1% in September, but it’s up 2% over the past 12 months, a bit too high for the Federal Reserve.

That pace is surprising, considering how weak the recovery has been. The chief cause of the increase is residential rents. Holding the core from a larger increase was a 1.1% drop in prices of women’s apparel, ending a string of four straight monthly increases. Medical care and education each rose 0.2%, but they were offset by a drop of 0.7% in lodging away from home.

Consumer Price Index Table
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Dept. of Labor: Inflation Data


ENERGY
Last updated: October 21, 2011

Look for West Texas Intermediate (WTI) crude oil — the benchmark for U.S. oil pricing — to trade between $85 and $90 per barrel into January. Any sharp downturns in the U.S. or global economies in coming weeks and months would alter the picture, of course, driving the price into the low $80s or even to as low as $75.

Meanwhile, there’s more good news for motorists. Expect the national average price of gasoline, now $3.39 per gallon, to drop below $3.25 by November. By December, figure on prices around $3 a gallon — a welcome relief from the $4-a-gallon prices this summer.

For diesel, also a decline. At $3.80 per gallon, it’s still up almost 75 cents over the year-ago price, but it’s on its way to about $3.30 a gallon by January.

For most of the last half of 2010, oil traded in the $85- to $95-per-barrel range, and traders contend that is the level dictated by supply and demand. Brent, or North Sea, crude oil — which is primarily consumed in Europe — used to trade within $1 of WTI, but it is now trading at a $22 premium, largely due to speculation. That gap will narrow in coming weeks.

Natural gas continues to be a bargain. At Henry Hub, the pricing point for natural gas futures on the New York Mercantile Exchange, prices dipped to $3.51 per million British thermal units during this week’s market gyrations. Natural gas should trade in the $3.50 to $3.75 range until demand picks up with cold weather, when it could go to $4.50.

Heating oil, now at $3.76 per gallon, should keep rising as cooler weather sets in, climbing to between $3.80 and $4 per gallon. A harsh winter, as some forecasters are predicting for areas of the country like the Upper Midwest, would keep further upward pressure on both natural gas and heating oil into 2012.

Dept. of Energy: Price Statistics


HOUSING
Last updated: October 20, 2011

Housing continues to bump along a bottom, with no improvement in sight next year. Construction and sales aren’t falling, but there’s not enough economic growth to shift the sector out of neutral and into drive.

Housing starts and home prices illustrate the problem. House prices will decline on average another 2% or so until early 2012, then inch up about 2% during the rest of the year. Holding down a price rebound is the fact that there are too many houses in the foreclosure pipeline. When they finally reach the market, the price is 20% to 30% less than comparable homes for sale in the area. This year, 2 million more homes will head into foreclosure on top of last year’s 1.8 million.

Housing starts are also stuck. Construction of new single-family units is flat and has been for the past year. The action is in apartments, where construction will rise 50% this year. Because of high unemployment and tight terms for getting a mortgage, people are renting and leaving a home purchase for the future.

And rock-bottom mortgage rates aren’t having much impact. They’re historically low, around 4% for a 30-year fixed-rate loan. And they’ll stay close to that rate into mid-2012. But banks are requiring a down payment of 20%, a high hurdle for some. Other would-be buyers are holding back, worried about another recession that would result in another big drop in home prices. We think a recession will be avoided, but banks will keep higher credit hurdles, and slow growth won’t create many new jobs.

Sales of existing homes fell 3% in September after a 7% gain in August. Taking into account the ups and downs month to month, sales will hold close to 5 million on an annual basis.

Dept. of Commerce: New-Home Sales 
National Assn. of Realtors: Existing- Home Sales 
Dept. of Commerce: Housing Starts 


RETAIL
Last updated: October 14, 2011

Look for 8% growth in retail sales this year, excluding auto sales and food services, and 10% in 2012.

Consumers will spend just under $4 trillion this year, helped by stronger-than-expected holiday sales. Slow sales in the third quarter aren’t going to be enough to drag down the whole year, especially if the fourth quarter returns to monthly sales growth of 0.3% and higher for the holidays, which we expect it to do.

Sales will grow by 5% this holiday season, compared with a 7% gain in November and December of last year. With unemployment hovering at 9%, consumers are hesitant to add to credit card debt to purchase items, but will save and spend for things they want. Retailers are willing to keep stock levels tight and put off additional buying decisions until they see signs of spending this holiday season, but we expect sales to pick up toward the end of October.

Consumer confidence will rebound in coming months, especially if there is more stability in the stock market, less fighting in Congress over President Obama’s jobs bill and a resolution to debt problems in Europe. Plus, we’ve recently seen a disconnect between consumer confidence and actual spending. For example, confidence measures plunged in August, but Americans actually spent a bit more that month than they did in July.

September retail sales increased 1.1% from the previous month, with the help of auto sales, compared with a 0.3% monthly increase in August. That’s the largest gain in 7 months. So far this year, retail sales are up 8.4% over last year.

Dept. of Commerce: Retail Data


TRADE
Last updated: October 13, 2011

Expect U.S. exports to grow in 2012, with monthly gains picking up after a slight slowdown in the last three months of this year, as global expansion slows and Europe’s economy stumbles.

Exports in August were basically on par with July’s record level, and 14.7% higher than the same month a year ago. While export growth will slow through the end of the year, exports will gain 8% in the fourth quarter, compared to a year ago…resulting in a 12% boost in exports this year.

Exports will grow 10% in 2012, helped by the recently passed free trade agreements with South Korea, Colombia and Panama. While the full effects will take years to realize, the agreements are expected to eventually spur an extra $13 billion in exports each year. Slower growth in emerging markets will mar export growth in the first half of 2012, before stronger economic growth pushes monthly gains higher in the second half. Imports, meanwhile, will continue a slow, steady rise through 2012, growing about 8% for the year.

The trade deficit is expected to rise again in 2012, growing by $55 billion to $605 billion, after a $50-billion gain in 2011 that will bring the deficit to $550 billion. The overall trade deficit in August was unchanged from the previous month, and the lowest since April. But the U.S. deficit with China hit a new record at $29 billion, jumping 7.4% over the previous month. It will continue to rise, driving complaints in Washington about China’s undervalued currency.

While the House isn’t expected to take up Senate-passed legislation criticizing China’s manipulation of the yuan, China is already moving to weaken its currency further. Expect more protectionist rhetoric from both sides, and some limited, sector-specific trade sanctions in the coming election year.

Dept. of Commerce: Trade Data


Read more: http://www.kiplinger.com/businessresource/economic_outlook/#gdp#ixzz1cUBAwPpd 
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CPAs Give Way to MBAs

As CFOs get more strategic, so do their teams.

David McCann

The mix of talent in corporate finance departments is shifting toward fewer accounting staffers and more hands in financial planning and analysis, finance recruiters tell CFO. The change has been picking up steam as CFOs take on increasingly strategic roles, and as the once nearly single-minded focus on financial controls triggered by the Sarbanes-Oxley Act continues to moderate.

It’s not news that today’s CFOs are more strategically oriented than their predecessors, but they are getting more support for that by pushing the strategic mind set down through their organization. Few finance departments are adding head count, but when attrition, for example, brings opportunities to hire, the new folks are more likely to have MBA degrees than CPA designations. And some companies are redeploying or even shedding accountants, says Donald Kilinski, global CFO practice leader at DHR International.

“Finance always has to lead by example,” says Kilinski. “If you’re not adding, say, sales staff, you can’t add finance staff either. So you retrain your existing staff, get them involved in new areas, change the staffing mix as people leave, or change out people who aren’t leaving to get those new skill sets that provide strategic advice.”

The “cat’s meow,” he adds, is a CPA who then gets an MBA. Such a person gets grounded in the discipline needed to implement and monitor financial controls, policies, and procedures, and then adds the ability to advise on “grayer” areas such as what projects should be funded; whether something should be acquired, built, or bought; and whether products or services should be extended or eliminated.

It’s not that companies are saying “damn the controls.” They’ve just adapted to Sarbanes-Oxley with well-oiled reporting machines that require less maintenance, and consequently they are shaping their teams more toward focusing on the yet-to-be-decided rather than just documenting the past, Kilinski says.

Cost pressures have also resulted in fewer people being focused on traditional accounting. “Companies have had to get smarter about how they do things, like by using shared services to reduce the demand for transaction processing,” notes Michele Heid, leader of the global financial officers practice at Heidrick & Struggles. “So if a CFO is going to add a resource, it’s probably going to be someone with analytical skills.”

Also driving the trend are growth needs, especially expansion into emerging markets, says Peter McLean, chairman of Korn/Ferry International’s Global Financial Officer Center of Expertise. That requires a close partnering between finance and operational management to allocate capital for the strategic investments, which translates to a need for greater FP&A expertise.

Meanwhile, back at the top of the finance organization, companies are increasingly dissatisfied with executives whose technical skills are their primary strength. “For a controller, having a brilliant accounting mind isn’t good enough,” says Richard Dowd, CEO of Dowd Associates. “That’s been the case in all our searches in recent memory for CFOs, controllers, treasurers, tax vice presidents, and their direct reports. That person has to think analytically, manage people well, and see the big picture.”

Journal of Accountancy Large Logo


No Reasonable Cause Defense for Preparer's Omission

 

SEPTEMBER 2011

The Tax Court upheld an accuracy-related penalty, rejecting the husband-and-wife taxpayers’ argument that they had reasonable cause for a tax understatement caused by their return preparer’s apparently accidental omission of an item of income.

 

The error involved omission of nearly $3.4 million in gain, which was slightly more than 10% of the nearly $33 million in income that taxpayers Stephen G. Woodsum and wife Anne R. Lovett acknowledged was the correct total, the rest of which they reported on their 2006 return. Evidence indicated the firm that prepared the return had overlooked a single Form 1099-MISC reporting the $3.4 million. Woodsum had supplied the firm with the form along with more than 160 information returns from third-party payers, the rest of which the firm included on the couple’s 115-page return.

 

The omitted amount represented a final distribution to Woodsum from a 10-year partnership-linked swap transaction he terminated during 2006. In previous years, the couple had reported income and deductions relating to the transaction on their income tax returns. Woodsum, the founding managing director of a private equity investment firm, was personally involved in monitoring and terminating the transaction.

 

A CPA with more than 20 years of tax compliance experience—including with major accounting firms—prepared the return, working for a firm specializing in tax work for private equity and hedge funds and their general partners. Among the other information returns it included was a Form 1099-INT reporting $60,292 interest income from the same partnership swap transaction. The couple met with their attorney, with whom they reviewed the return, and signed it the same day. The taxpayers and their attorney apparently did not notice the omission, the Tax Court said. The IRS did, determining a tax deficiency of $521,473, plus the accuracy-related penalty.

 

The penalty under IRC § 6662(a) is 20% of a substantial understatement of tax. An understatement is substantial if it is more than the greater of $5,000 or 10% of the correct amount of tax. The taxpayers agreed their correct amount of tax was $4,240,927, of which the deficiency therefore was more than 10%. However, they claimed the defense of section 6664(c)(1)—that they had reasonable cause for the error and acted in good faith. Reliance on professional advice is among grounds for the defense (Treas. Reg. § 1.6664-4(b)(1)).

 

But this was not a case of reliance on aberrant advice, the court noted. And even though the defense has occasionally been granted for an isolated computational or transcriptional error, those cases have involved complex issues of tax treatment, the court said. While Woodsum’s swap transaction may have been complex, the tax treatment of its resulting gain was not. (The court also said that although the evidence clearly implied that the preparer’s omission was inadvertent, the plaintiffs had presented no direct evidence to that effect.)

 

Moreover, the taxpayers did not show they had reasonably fulfilled their duty to review the return for accuracy. The taxpayers were unable to say how long they spent reviewing Schedule D (on which they acknowledged the item should have appeared) or the entire return, or whether they compared the schedule with information returns. Given Woodsum’s “watchful eye” over the transaction’s financial performance, the court said, his scrutiny of the tax return and its liability was “so casual that a half-million-dollar understatement of that liability could slip between the cracks,” and upheld the penalty.

 

  Stephen G. Woodsum and Anne R. Lovett v. Commissioner, 136 TC no. 29

 


China Does Away With Personal Income Tax


China's new personal income tax law goes into affect Thursday, knocking 60 million people off federal income tax rolls, China Daily reported. According to the new law, people with monthly personal incomes under 3,500 yuan ($541) after social security income, medical and unemployment insurance benefits are deducted will no longer need to pay personal income tax.

The adjustment should cut the number of taxpayers from 84 million to 24 million, China Daily reported. The new law will mainly benefit middle- and low-income earners at a time when China is trying to turn inward as exports slow due to weak demand from Europe and the U.S.

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