Author: Service2Client

7 Reasons You Need a Will

7 Reasons You Need a WillDrafting a will is not something that people, for the most part, want to think about. But no one gets out of life alive. So, if you want to have a say in what happens to your property and assets after you’re gone, a will is a very smart idea. Here are a few specific reasons why having a will makes good sense.

Facilitates Probate

First, a definition: Probate is the legal procedure your estate goes through after you pass. During this process, a court will start the process of distributing your estate to those you designate. When you have a will, the probate process has a legal document as a guide, one the court uses that clearly defines your wishes. This way, there are fewer roadblocks. Things go a lot more smoothly.

Protects Your Estate

Now, if you don’t have a will, there’s no binding legal document that espouses what you want to do with your assets. Instead, the probate court will distribute your estate according to your state’s intestacy laws. There’s no guarantee that the state agrees with what you want.

Designates Who Gets What

This is one of the most important. If your family includes ex-spouses and/or estranged relatives, having a will helps prevent squabbles. An unhappy relative will think twice about protesting when you have a well-drafted will.

Disinherits People, Too

If you don’t have a will, again, probate courts will distribute your estate based on your state’s intestacy laws, which create a hierarchy of inheritance among your surviving family members. Because families – and life – can be messy, when you have a will, you can specify who doesn’t get parts of your estate. Better still, you can even specify certain people to receive your assets as beneficiaries, who aren’t necessarily relatives. When you’re this specific within a legal document, it can further safeguard your wishes.

Provides For Your Children and Pets

When you have a will, it gives you the power to decide who will care for your children if they’re minors when you pass. If you don’t decide, a court will appoint a guardian. It’s safe to say that most people don’t want this; you know your children best. Since pets are considered property and they can’t inherit, you can make sure your beloved furry family members are adopted by a person or organization that you know and trust.

Specifies the Executor and Administrator of Your Estate

You get to decide who these people are, though sometimes they can be the same person. Generally, their function is to make sure your beneficiaries receive the assets you’ve designated for them. Having these trusted people in place will give you peace of mind. When you don’t have these individuals in place, you give up the control you could have had.

Helps Minimize Estate Taxes

Yes, it’s true. Your family, should they inherit property from you after you’re gone, might have to pay taxes on it. That’s why it pays to look into estate planning tools. When you have a will, you can build these stipulations into it. Just ask your accountant and/or lawyer to help you navigate these waters. It’s well worth it.

These are just a few of the reasons you need a will. Probably the main reason is that tomorrow isn’t guaranteed. When you’re gone, you’ve missed your opportunity to legally draft your final desires. That’s why, when you’ve set up provisions for all the things you’ve worked so hard for and all the people you leave behind, it’s truly an act of love.

 

Sources

Top 10 Reasons to Have a Will (findlaw.com)

Executor vs. Administrator: What’s the Difference? – Policygenius

Probate – What Is Probate & How To Avoid It | Trust & Will (trustandwill.com)

 

Accounting for Convertible Debt Instruments

Convertible Debt InstrumentsAccording to EY, the convertible debt market saw whipsaw action in issuances. Between 2015 and 2019, average issuance varied between $40 billion and $45 billion. However, it dropped to $22 billion in 2022 but re-accelerated to $52 billion in 2023. While the levels of issuance varied, the way this type of debt is accounted for has remained much calmer.

Defining a Convertible Bond

A convertible bond is a type of debt security that gives the investor the right to exchange the bond, at certain milestones, for a pre-determined percentage of equity in the issuing company. This investment vehicle has both equity and debt features.

Since this type of investment gives investors the potential for equity conversion into a company, the debt/bond side of it may present investors with a nominal coupon remittance or a potentially zero-coupon payment. However, there are important accounting considerations for this type of investment vehicle via generally accepted accounting principles (GAAP) and International Financial Reporting Standards (IFRS).

IFRS

When it comes to IFRS, convertible bonds are considered blended securities because they are partially debt and partially equity. The debt piece is accounted for by discounting the principal and interest paid out to the bondholder at the company’s cost of straight debt. The following example illustrates how it’s calculated:

The business presents a 10-year, $250 million convertible bond, providing investors with a 2.5 percent coupon rate and a 9.5 percent straight cost of debt. Based on discounting these variables, the present value of the principal and coupon payments is: $182,805,096 (assuming end-of-year, annual coupons). To determine the equity proportion, we must take $250 million and subtract $182,805,096, which equals $67,194,904.

Looking at the journal entry, we have the following breakdown:

Cash: Debit $250,000,000

Convertible Debt Component – Liability = $182,805,096

Equity Component – Shareholder’s Equity = $67,194,904

Looking at the interest expense this is calculated as follows:

The 9.5 percent (straight debt cost) is multiplied by the net present value of the beginning debt liability balance of the first year ($182,805,096), which is $17,366,484.12. Since there’s a coupon payment of (2.5 percent X $250,000,000 = $6,250,000), the difference between $17,366,484.12 and $6,250,000 = $11,116,484.12 should be “accreted” to the debt liability or the debt balance.

The journal entry would be as follows:

Debit: Interest Expense $17,366,484.12

Credit: Cash $6,250,000

Credit: Accretion of Debt Discount – Liability = $11,116,484.12

Now, if at the bond’s maturity, the investor is unable to convert the bond to equity according to the terms of the convertible note, the entire $250 million bond will be paid back to the investor. The journal entry will be as follows:

Debit: Convertible Debt $250,000,000

Credit: Cash $250,000,000

If, however, the investor of the convertible bond is favorable to it being exchanged, the journal entry will be as follows:

Debit: Convertible Debt $250,000,000

Credit: Share Capital – Shareholder’s Equity = $250,000,000

This explanation assumes that convertible bonds are only able to be converted into company equity. However, if the bond is cash-settled, there are alternate considerations. It’s also assumed that the bond is issued at year’s end and makes its coupon payments once a year.

GAAP

Under generally accepted accounting principles (GAAP), present standards treat it as straight debt. This accounting practice changed from GAAP’s previous treatment of bifurcating it, similar to IFRS’ current treatment.

At issuance, the journal entries are as follows:

Debit: Cash $250,000,000

Credit: Convertible Debt $250,000,000

With this accounting treatment, it’s recognized as an interest expense. Since this contrasts with IFRS, no accretion is required under GAAP. This assumes there are no additional debt issuance costs when calculating interest expenses. Therefore, assuming the same initial debt amount at par and the coupon rate for year one, it’s the rate for the debt issuance multiplied by the full debt amount ($250,000,000).

The journal entry is as follows:

Debit: Interest Expense $6,250,000

Credit: Cash $6,250,000

If the convertible debt doesn’t present a good opportunity for the investor, they’ll receive the principal back. The journal entry is as follows:

Debit: Convertible Debt $250,000,000

Credit: Cash $250,000,000

If, however, the convertible debt presents the investor with an opportunity to convert to equity, and it’s exercised, the journal entry is presented as follows:

 Debit: Convertible Debt $250,000,000

 Credit: Share Capital – Shareholder’s Equity $250,000,000

Conclusion

While these examples do not explore all the potential scenarios when accounting for convertible debt, they show what considerations accountants must keep in mind when analyzing a transaction.

Important Update on New Company Reporting Laws CTA – BOI

Corporate Transparency Act (CTA), Beneficial Ownership Information (BOI)On Jan. 1, 2024, the U.S. government debuted the Corporate Transparency Act (CTA). This legislation established the requirement for the majority of private companies, both big and small, to file information with the Financial Crimes Enforcement Network (FinCEN).

As with most new laws, the initial guidance and interpretations have been both challenged and questioned. In response, FinCEN recently turned out new FAQs, which we review below.

Big Question First: To Report or Not

Reporting is generally required by all private, for-profit entities. This includes corporations, LLCs, S-Corps, etc., whenever the company was created by filing a document with the office of the Secretary of State. Entities formed under the laws of jurisdictions outside the United States are also likely subject to reporting if they are registered to do business in the United States.

To help visualize the above, you can take a look at this flowchart published on the FinCEN website.

Screenshot from FinCEN website

While the general rules seem (and are) broad in construction, there are 23 specific exemptions, including publicly traded companies, nonprofits, and certain large operating companies. The FinCEN’s Small Entity Compliance Guide checklist can help in determining if you fall under an exemption.

Now, let’s move on to more specific questions.

Who is a beneficial owner?

An individual who either directly or indirectly exercises substantial controls or owns 25 percent or more of the reporting company.

What constitutes substantial control?

There are four (separate) ways to exercise substantial control:

  • The individual is a senior officer
  • Has the authority to appoint or remove officers or a majority of directors
  • An important decision-maker (regarding strategic, business, or finance)
  • They have any other form of substantial control as per the FinCEN’s Small Entity Compliance Guide.

Who is a company applicant for a reporting company?

Another of the more perplexing questions revolves around exactly who a company applicant of a reporting company is.

First, only reporting companies created or registered on or after Jan. 1, 2024, need to concern themselves with the company applicant rules; companies formed before are exempt.

There are two possible individuals who could be considered company applicants. One is the person who directly files the documents to create and register the company. This person will always exist and be an applicant of the reporting company. In the case where there were multiple people involved in the filing or registration, the individual who primarily controlled the filing is also considered an applicant.

Thankfully, FinCEN created another handy flowchart to help navigate through this rather confusing decision.

Screenshot from FinCEN website

What about sole proprietorships?

It depends. Sole proprietorships only have to report if the entity was created by filing a document with a secretary of state or similar office. In other words, if you just start freelancing and don’t file anything with a secretary of state office, you are not subject to the reporting requirements. Basically, if you didn’t form an LLC, you don’t need to report. For example, obtaining an employer identification number, a fictitious business name, or a professional or occupational license does not subject you to the FinCEN reporting requirements.

What if my company ceased to exist before the CTA requirements went into effect?

If a company ceased to exist on or before Jan. 1, 2024, then they are NOT subject to the reporting requirements.

Do I have to report more than once?

No, you only have to file an initial report once. There is NOT an annual report. You do, however, need to amend your original filing to update pertinent changes or corrections within 30 days of their occurrence.

What happens if I don’t file a report?

Willful violation can subject one to a fine of up to $500 per day until the violation is resolved. Criminal penalties could also be imposed, resulting in up to two years imprisonment and a fine of up to $10,000.

Conclusion

The FinCEN released its guidance to clarify uncertainties around the new CTA-created reporting requirements. The goal is to ensure full and accurate compliance without undue burden on companies and individuals.

Looking at the Expanded Accounting Equation

Expanded Accounting EquationWhether it’s a private equity transaction or an institutional or retail investor, analyzing a company’s financial statements is an important part of fundamental analysis. One important but basic way to analyze whether a company is worth investing in is through the expanded accounting equation. The most straightforward equation to analyze a business’s balance sheet is:

Assets = Liabilities + Shareholder’s Equity

However, there are more detailed equations that analysts can employ to more closely examine a company’s financial situation. One way to look at it is by more comprehensive equations that break down net income and the transactions related to the equity owners (dividends, etc.).

This equation is a building block of accounting because it focuses on double-entry accounting – or that each occurrence impacts the bifurcated accounting equation – requiring the correct solution to always be in balance. This system is used for journal entries, regardless of the type of transaction. Looking at this equation in greater detail, here’s a more granular example:

Assets = Retained Earnings + Liabilities + Share Capital

Assets are the capital that give a business the ability to benefit from projected, increased productivity and hopefully increased gains. Whether it’s short-term (less than 12 months) or long-term (more than 12 months), it can take the form of real estate, cash, cash-equivalents, pre-paid expenses, accounts receivable, etc.

Liabilities are the amounts owed to lenders due to past agreements. This is related to the sum of liabilities, which is the total of current (up to 12 months) liabilities, plus long-term (more than 12 months) debt and related obligations. This takes the form of loans, accounts payable, owed taxes, etc. Shareholder’s equity is how much the company owners may assert ownership on after accounting for all liabilities.

Another way this equation can be expressed is as follows:

Assets = Liabilities + Contributed Capital + Beginning Retained Earnings + Revenue + Expenses + Dividends

Depending on the financial outcome of the company, dividends and expenses may be negative numbers.

To further explain, these variations on the equation help analysts break down shareholder’s equity. Revenues and expenses illustrate the delta in net income over discrete accounting/earning periods from sales and costs, respectively. Stockholder transactions are able to be accounted for by looking at what capital the original stockholders provided to the business and dividends, or earnings distributed to the company’s stockholders. Retained earnings are carried over from a prior accounting period to the present accounting period. Despite being elementary, the information is helpful for business managers and investors to develop a higher level of analysis.

When it comes to evaluating bankruptcy, it can help investors determine the likelihood of receiving compensation. When it comes to liabilities, should debts be due sooner or over longer periods of time, these debts always have priority. When it comes to liquidated assets, these are then used to satisfy shareholders’ equity until funds are exhausted.  

While this is not a comprehensive look at how to analyze a company, it provides internal and external stakeholders with a way to build a strong financial analytical foundation.

From Likes to Leads: Converting Social Media Analytics into Business Opportunities

Converting Social Media Analytics into Business OpportunitiesSocial media has become a powerful tool for helping businesses reach their prospects and customers. By using social media, a business can connect with its audience, build brand awareness, and drive sales. However, many struggle to convert social media engagement – likes, shares, comments, and followers – into tangible business opportunities. Transforming these engagements into actionable leads and sales is where the real power of social media lies. To successfully unlock this potential, businesses must effectively use social media analytics.

Understanding Social Media Analytics

Social media analytics involves gathering and analyzing data from social media platforms to help make informed business decisions. This data includes metrics such as engagement rates, reach, impressions, follower growth, and sentiment analysis, among others. By understanding what this data signifies, businesses can gain valuable insights into the behavior, preferences, and needs of their audience. These insights are then used to tailor marketing strategies, create more relevant content, and improve customer interactions.

The Shift from Vanity Metrics to Meaningful Insights

Sometimes, it’s easy to get caught up in vanity metrics, such as the number of likes or followers. It is important to note that these metrics do not necessarily translate to sales. To convert social media engagement into leads, businesses need to focus on meaningful insights that reveal how engaged their audience is and how this engagement can be leveraged.

For instance, instead of focusing on the number of likes, businesses should analyze which types of posts are receiving the most engagement and why. This includes checking the topics, formats or times of day that generate more interest and engagement. By identifying patterns and trends, businesses can enhance their content strategy to focus on what resonates most with their audience.

Identifying and Nurturing Potential Leads

After having a better understanding of what drives engagement, businesses can begin to identify potential leads within their social media audience. This is where advanced analytics tools come into play. Tools that track and analyze individual user interactions will help identify users who consistently engage with posted content.

For example, a user who frequently comments on posts, shares content, or clicks on links may demonstrate a strong interest in the business’s products or services. Businesses can categorize such users as potential leads. More focus is placed on this category by nurturing them through personalized content, direct engagement, and targeted offers.

It is also good to note that social media analytics is a powerful tool for analyzing competitors’ strategies, too. By monitoring their comment sections, a business can identify gaps or unmet needs in their audience that present opportunities to capture market share.

Leveraging Social Media Ads for Lead Generation

Social media advertising is another effective way to convert social media engagement into leads. Platforms like Facebook, Instagram, LinkedIn, and X (formerly Twitter) offer advanced targeting options that allow businesses to create highly personalized ad campaigns based on user data. Businesses can create ads specifically designed to appeal to their most engaged followers.

For instance, if analytics reveal that a particular segment of followers is highly interested in a specific product, businesses can create ads that feature this product and offer a special promotion or discount.

Turning Engagement into Sales Through Conversion Optimization

Once potential leads are identified and targeted through ads or personalized content, the next step is to optimize the conversion process. This involves ensuring a seamless journey from social media engagement to lead capture and eventual sale. A critical aspect of this process is the landing page – a dedicated page on the business’s website designed to capture leads.

The landing pages must be tailored to match the expectations set by the social media content or ads that drove the traffic. For example, if an ad on a social media platform promises a free or discounted offer, the landing page should prominently feature this offer. Additionally, it helps A/B test different landing page designs, headlines and calls to action to identify the most effective strategies.

Using Analytics to Measure and Improve ROI

Unlike traditional marketing channels, social media analytics can track and measure the effectiveness of marketing campaigns. By tracking key performance indicators (KPIs) such as reach, click-through rates, conversions, and cost per lead, businesses can measure the effectiveness of their social media campaigns and make necessary adjustments.

Continuous monitoring and optimization ensure that social media efforts drive engagement and contribute to the business’s bottom line.

In conclusion, converting social media engagement into actionable leads and sales opportunities requires a strategic approach leveraging social media analytics’ power. Businesses can tailor their content, identify and nurture potential leads, and optimize their conversion strategies by moving beyond vanity metrics and focusing on meaningful insights. This will ultimately drive business growth and success in today’s competitive digital landscape.

U.S. Flag Mandate, Combatting Deepfake Pornography and Legislative Priorities of the Vice President Nominees in 2024 Election

U.S. Flag Mandate, Combatting Deepfake Pornography and Legislative Priorities of the Vice President Nominees in 2024 ElectionAll American Flag Act (S 1973) – Introduced by Sen. Sherrod Brown (D-OH) on June 14, 2023, this bill requires that all U.S. flags used by the Federal government be manufactured domestically. This includes all raw materials. One exception to this mandate is if flags cannot be produced of acceptable quality and quantity as needed at competitive market prices. The bill passed in the Senate on Nov. 2, 2023, in the House on July 22, and was signed into law by the president on July 30.

Disrupt Explicit Forged Images and Non-Consensual Edits Act of 2024 (S 3696) – This bipartisan bill, also known as the DEFIANCE Act, is designed to protect victims of deepfake pornography. It defines civil action as a federal remedy for non-consensual parties who are identifiable in digital forgeries and depicted as nude or engaging in sexually explicit conduct. The bill, which was introduced on Jan. 30 by Sen. Richard Durbin (D-IL), passed unanimously in the Senate on July 23. It goes to the House next, where a similar bill has been introduced.

 

Congress is not in session Aug. 5-30, as members return to their districts. 

School Choices that Lead to Financial Independence

School Choices that Lead to Financial IndependenceFor many parents and kids, living independently after college or trade school has been a challenge – a big one, thanks to rising inflation, student debt, and high rent. However, whether your kids are headed for a university or a hands-on career, there is hope. Here’s a quick snapshot of what majors and skills can potentially yield the highest paychecks so that financial independence is achievable.

Engineering and More

According to Kiplinger, college-bound kids who have an aptitude for math and science make the most money right out of school. It’s not a surprise, given that technology changes at what feels like warp speed. For instance, all the engineering, computer science, and finance majors during their early career trajectory earn more than $65,000 per year; mid-career, it’s upward of $100,000. This is a decent chunk of change for most single people; however, “decent” can depend on what city you live in and how you budget.

Construction

While this is a somewhat hard right turn from the above desk jobs, this field can be surprisingly lucrative. Granted, you probably need to start at the bottom and work your way up. But if you have the physical aptitude and a passion for this trade, you can earn $97,000 as a Construction Manager. Pretty darn great! How fast you progress depends on a number of things (type of building, small or large company, etc.), but the great news is that this is absolutely possible.

Medical

We’re not talking about becoming a doctor, but those who choose a support role can also do well. For instance, radiation technologists can earn $80,000, while dental hygienists can earn $77,000, an occupation that’s expected to grow by 13 percent in the next decade. Both of these jobs can support independent living, with the caveat that you don’t live in an extravagant place and watch your spending.

Legal

You don’t have to have a college degree to work in the field of law. In fact, paralegals and legal assistants can earn $52,000, but the anticipated increase over the next decade in this silo is 10 percent. These jobs require training, but generally, it’s not four years. You can even learn these skills this online. Best of all, the cost of the training is decidedly less than that of a four-year institution.

Other Trades

This mention validates the fact that, along with most of the aforementioned, you don’t have to spend a fortune on education – or go to college – to earn enough to realize monetary independence. Check this out: Commercial drivers can make $54,000; aircraft mechanics, $64,000; and computer network specialists, $63,000.

While there are variables that affect how well you do right after college, the topline takeaway is that college is not a prerequisite to paying one’s way as a young adult. All it takes is some forethought, planning, and the will to succeed.

The 10 Highest Paying College Majors (and 10 Lowest) | Kiplinger

25 Highest Paying Trade School Jobs in 2024 & Their Career Outlook | Research.com

How many Gen Z adults live at home? More each year, the US census shows (usatoday.com)

Are You Ready for Major Tax Changes in 2026?

The enactment of the Tax Cuts and Jobs Act (TCJA) in 2017 brought with it major changes to the tax code on both personal and business levels. While many taxpayers have not only enjoyed but come to see these tax provisions as normal over the past seven years, many provisions of the TCJA are set to expire at the end of 2025. This makes 2026 and beyond potentially a very different tax landscape than the one we operate in today. This article reviews main provisions of the TCJA that could be affected and what it could mean for taxpayers.

Return of Higher Tax Rates

Lower tax rates were a hallmark of the TCJA. Rates on all income brackets were lowered (except the lowest 10 percent bracket). Without an extension of this act, tax rates will automatically return to their former levels, with the highest at 39.6 percent for federal income taxes.

Look for Return of Lower Standard Deductions; Higher Personal Exemptions; Unlimited SALT Deductions

The TCJA created a sort of trade-off by raising the standard deduction but lowering personal exemptions and limiting the state and local tax deductions (SALT) for itemizers. The reversal of these provisions can be either a net positive or negative, depending on each taxpayer’s situation. Generally, for those who reside in high tax brackets (income tax and/or property tax) or with a lot of dependents, the reversion will be favorable.

Currently, the standard deduction is $29,200 (married filing jointly) or $14,600 (single). These amounts will be almost cut in half to $16,600 and $8,300, respectively.

Offsetting these deduction losses, personal exemptions return. Currently, there are no personal exemptions, but this will go back to pre-TCJA levels adjusted for inflation, approximately $5,300 for each taxpayer, spouse and dependent.

The SALT deduction is capped at $10,000 under the TCJA. This limit will be eliminated; potentially giving dramatic benefit to taxpayers in high-income tax and property tax states.

Finally, it should be noted that materially lower standard deductions may create a lot more taxpayers who would benefit from itemizing deductions versus taking the standard deduction. In addition, the SALT cap, currently at $10,000 per tax return (not per person), will be eliminated.

Tax-Deductible Mortgage Interest on Large Loans

The TCJA limited tax-deductible interest on mortgages taken out in 2018 and after to interest on $750,000 of mortgage debt, versus the previous $1 million cap. This will revert back to the higher $1 million limit.

Lower Alternative Minimum Tax (AMT) Exemptions and Phase-Outs

Significant increases in AMT exemptions and phase-out limits were part of the TCJA and, as a result, millions of taxpayers were no longer subject to the AMT. This provision will revert as well, subjecting millions of taxpayers to the AMT. In particular, taxpayers who take large, itemized deductions and benefits from incentive stock compensation schemes will be the most negatively impacted.

Lower Estate and Gift Tax Limits

The TCJA nearly doubled the federal lifetime estate and lifetime gift tax exemption from $7 million to $13.61 million for a single taxpayer. These amounts double for couples making joint gifts. The limits would revert back to the $7 million level. Note that the annual gift tax exclusion of $18,000 per person is not expected to change.

Elimination of 20% Qualified Business Income Deduction and Bonus Depreciation

Pass-through business owners (e.g., S-corps, LLCs) benefitted from up to a 20 percent deduction on qualified business income under the TJCA (subject phase-outs). Business owners also benefitted from bonus depreciation as part of the TCJA – as high as 100 percent at one point. Both of these business-friendly provisions are set to expire completely unless Congress takes action.

Plan For Change

Whatever may be in the near-term, the only constant when it comes to taxes is that they will certainly be here. History teaches us to never get comfortable with the current tax code. The exact iteration of an extension of the TCJA or lack thereof is uncertain at this point, but the provisions at risk are known. For some taxpayers, this article is more of an FYI; while for those with multi-year planning strategies, the time to consider various outcomes and work with your tax advisor is now.

Clean Energy, Curing Parkinson’s, Prison Oversight and Impeaching Supreme Court Justices

Clean Energy, Curing Parkinson's, Prison Oversight and Impeaching Supreme Court JusticesAccelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (S 111) – This bill was introduced by Sen. Shelly Moore Capito (R-WV) on March 30, 2023. This bipartisan legislation is designed to strengthen America as a leader in energy security. This bill includes measures to bolster clean nuclear power, establish strong union jobs, and achieve our nationwide net-zero emission goal by 2050. Versions of this bill passed in the Senate and House over the past year, and it was signed into law by the president on July 9.

Fire Grants and Safety Act (S 559) – This act enables communities across the United States to hire more firefighters and first responders, as well as increase safety measures. It was introduced by Sen. Gary Peters (D-MI) on Feb. 28, 2023. The final version of the bill passed in the House and Senate in May and June, respectively; and it was signed into law on July 9.

Dr. Emmanuel Bilirakis and Honorable Jennifer Wexton National Plan to End Parkinson’s Act (HR 2365) – Introduced by Rep. Gus Bilirakis (R-FL) on March 29, 2023, this bill passed in the House on Dec. 14, 2023, the Senate in May and was signed into law by the president on July 2. This bipartisan bill authorizes the Department of Health and Human Services (HHS) to implement a program designed to prevent, diagnose, treat, and cure Parkinson’s disease, as well as improve the care of people who suffer from it.

Debbie Smith Act of 2023 (HR 1105) – Introduced on Feb. 7, 2023, by Rep. Ann Wagner (R-MO), this bill reauthorizes funding for the government’s DNA backlog grant program through fiscal year 2029. The program provides grants to state and local governments to extend the collection and analysis of DNA evidence used in sexual assault kits and other purposes. This largely bipartisan bill passed in the House in November 2023 and the Senate on July 11. It is currently awaiting enactment by the president.

Federal Prison Oversight Act (HR 3019) – This bill establishes an inspection regime for the Bureau of Prisons (BOP). Provisions stipulate that prison inspections may be announced or unannounced; an ombudsman will be appointed to receive complaints and determine actions; and the BOP may not retaliate against anyone who initiates an investigation or inspection under this bill. The legislation was sponsored by Rep. Lucy McBath (D-GA) on April 28, 2023. It passed in the House on May 21, the Senate on July 10, and is awaiting signature by the president.

Impeaching Clarence Thomas, Associate Justice of the Supreme Court of the United States, for high crimes and misdemeanors (H Res 1353) – This resolution, which introduces articles of impeachment of Supreme Court Justice Clarence Thomas, was presented by Rep. Alexandria Ocasio-Cortez (D-NY) on July 10. The three articles are 1) Failure to disclose financial income, gifts and reimbursements, property interests, liabilities, and transactions, among other information; 2) Refusal to recuse from matters concerning his spouse’s legal interest in cases before the court; and 3) Refusal to recuse from matters involving his spouse’s financial interest in cases before the court. While the resolution was co-sponsored by 19 Democrats, it has no chance of passage in the Republican-held House.

Impeaching Samuel Alito Jr., Associate Justice of the Supreme Court of the United States, for high crimes and misdemeanors (H Res 1354) – This resolution was also introduced by Rep. Alexandria Ocasio-Cortez (D-NY) on July 10. It features the following two articles: 1) Refusal to recuse from cases in which he had a personal bias or prejudice concerning a party in cases before the court, and 2) Failure to disclose financial income, gifts and reimbursements, property interests, liabilities, and transactions, among other information. This resolution was co-sponsored by the same 19 Democrats with no chance of passage in this congressional session.

Accounting Considerations for Capital Expenditures and Operating Expenses

Accounting Considerations for Capital Expenditures and Operating ExpensesWhen it comes to running a business, there are a lot of expenses incurred during operations. As of January 2024, New York University’s Stern School of Business had recorded nearly $1.2 trillion in capital expenditures by U.S. sectors. Considering this, there are two important concepts that are imperative to study for effective accounting treatment: capital expenditures (CapEx) and operating expenses (OpEx).

Defining CapEx and OpEx

Operating expenses (OpEx) are required outlays a company incurs on a more frequent basis to take care of day-to-day expenditures. Capital expenditures (CapEx), conversely, are larger purchases that businesses intend to use over the long term (at least 12 months). 

Different Considerations

OpEx

This type of asset is more of a short-term consideration. Expenses that fall under this category include utilities, wages, rent, taxes, selling, general and administrative expenses (SG&A). Unlike CapEx, businesses may benefit from tax deductions for these types of expenditures as long as the business incurs the expense during the same tax year. These expenses reduce a company’s net income. However, they are not eligible for depreciation, which is how CapEx reduces a business’ net income. Since the entire expense is recognized right away, they’re reported on the income statement.

CapEx

This type of asset is intended to have a useful life of more than one year. Examples of these types of assets include warehouses, data centers, work trucks, etc. Many of these items fall under PPE or property, plant, and equipment (PP&E) on the balance sheet. On the cash flow statement, it can be reported under the investing activities section.

Since these items are intended to last for a considerable time frame, such investments are planned to improve the profitability/capabilities of the business. Unlike OpEx, these expenditures are not tax deductible. It’s also important to understand this applies to intangible assets, such as patents, goodwill, etc.  

These types of assets are financed by either collateral or debt. Businesses also can issue bonds or get creative with their financing partners. Listed as a capitalized asset on the balance sheet, it’s depreciated over the asset’s useful life. However, it’s important to note that land is not depreciated.

Considerations between CapEx and OpEx

When it comes to CapEx, it’s important to know that some transactions can be paid for during the acquisition period, but acquisition costs can also occur over multiple accounting periods if it’s a long-term project, such as building a manufacturing plant or warehouse.

CapEx can determine the financial health of a company. If a company can reinvest in itself through patents, machinery, equipment, etc., along with maintaining or increasing its dividend payments to shareholders, then the company is on solid financial footing.

Depreciation for CapEx items is advantageous for companies because it provides a balance to the investment by lowering the company’s net income.   

There is another reason why both types of expenses exist. OpEx is a better choice if a business wants to be more agile and protect capital. CapEx would be used if a business is aiming to invest for long-term profitability and competitiveness.

Understanding how these two expenses are classified and accounted for is essential for businesses to navigate the accounting requirements and tax code effectively.

Sources

https://pages.stern.nyu.edu/~adamodar/New_Home_Page/datafile/capex.html