Hiring Your Child to Work at Your Business this Summer
With school out, you might be hiring your child to work at your company. In addition to giving your son or daughter some business knowledge, you and your child could reap some tax advantages.
Benefits for your child
There are special tax breaks for hiring your offspring if you operate your business as one of the following:
- A sole proprietorship,
- A partnership owned by both spouses,
- A single-member LLC thatâs treated as a sole proprietorship for tax purposes, or
- An LLC thatâs treated as a partnership owned by both spouses.
These entities can hire an ownerâs under-age-18 children as full- or part-time employees. The childrenâs wages then will be exempt from the following federal payroll taxes:
- Social Security tax,
- Medicare tax, and
- Federal unemployment (FUTA) tax (until an employee-child reaches age 21).
In addition, your dependent employee-childâs standard deduction can shelter from federal income tax up to $14,600 of 2024 wages from your business.
Benefits for your business
When hiring your child, you get a business tax deduction for employee wage expense. The deduction reduces your federal income tax bill, your self-employment tax bill and your state income tax bill, if applicable.
Note: There are different rules for corporations. If you operate as a C or SÂ corporation, your childâs wages are subject to Social Security, Medicare and FUTA taxes, like any other employeeâs. However, you can deduct your childâs wages as a business expense on your corporationâs tax return, and your child can shelter the wages from federal income tax with the $14,600 standard deduction for single filers.
Traditional and Roth IRAs
No matter what type of business you operate, your child can contribute to an IRA or Roth IRA. With a Roth IRA, contributions are made with after-tax dollars. So, taxes are paid on the front end. After age 59œ, the contributions and earnings that have accumulated in the account can be withdrawn free from federal income tax if the account has been open for more than five years.
In contrast, contributions to a traditional IRA are deductible, subject to income limits. So, unlike Roth contributions, deductible contributions to a traditional IRA lower the employee-childâs taxable income.
However, contributing to a Roth IRA is usually a much better idea for a young person than contributing to a traditional IRA for several reasons. Notably, your child probably wonât get any meaningful write-offs from contributing to a traditional IRA because the childâs standard deduction will shelter up to $14,600 of 2024 earned income. Any additional income will likely be taxed at very low rates.
In addition, your child can withdraw all or part of the annual Roth contributions â without any federal income tax or penalty â to pay for college or for any other reason. Of course, even though your child can withdraw Roth contributions without adverse tax consequences, the best strategy is to leave as much of the Roth balance as possible untouched until retirement to accumulate a larger tax-free sum.
The only tax law requirement for your child when making an annual Roth IRA contribution is having earned income for the year that at least equals whatâs contributed for that year. Thereâs no age restriction. For the 2024 tax year, your child can contribute to an IRA or Roth IRA the lesser of:
- His or her earned income, or
- $7,000.
Making modest Roth contributions can add up over time. For example, suppose your child contributes $1,000 to a Roth IRA each year for four years. The Roth account would be worth about $32,000 in 45 years when he or she is ready to retire, assuming a 5% annual rate of return. If you assume an 8% return, the account would be worth more than three times that amount.
Caveats
Hiring your child can be a tax-smart idea. However, your childâs wages must be reasonable for the work performed. Be sure to maintain the same records as you would for other employees to substantiate the hours worked and duties performed. These include timesheets, job descriptions and W-2 forms. Contact us with any questions you have about employing your child at your small business.
© 2024
For many businesses, such as retailers, manufacturers and contractors, strict inventory control is central to operations. If you donât track inventory accurately, you canât effectively produce goods, meet customer demand and realize profits.
Letâs say youâre performing a year-end inventory count and you come up short. Have you miscounted or have the items been misplaced? Or has someone stolen inventory? A professional fraud expert can help you get to the bottom of such discrepancies.
Assuming an innocent explanation
Before assuming theft, professionals investigate whether missing inventory items were really stolen. Employees might have kept sloppy records or failed to follow proper procedures, resulting in âmissingâ inventory. For example, a company without a location assignment for each item, an effective method of tracking overflow stock, and a well-run returns system can easily misplace inventory.
If thereâs no innocent explanation for inventory shrink, the expert next looks for signs that the environment is conducive to fraud. These might include:
- Poor internal controls for purchasing, receiving and cash disbursement,
- Reliance on one worker to perform multiple inventory duties, and
- Weak management oversight of the inventory function.
If the expert believes inventory could have been stolen, records will generally be combed for evidence. Anything that doesnât follow established inventory procedures â such as large gross margin decreases â could be a red flag.
Finding fraud evidence where red flags fly
Inventory fraud may leave a paper or electronic trail, so fraud professionals typically review journal entries for unusual patterns. An entry recording a physical count adjustment made during a period when no count was taken warrants investigation. An expert might then trace unusual entries to supporting documents.
Vendor lists also could show suspicious patterns, such as post office box addresses substituting for street addresses, vendors with several addresses and names closely resembling (but different from) those of established vendors. Even if they find no evidence of fake vendors, fraud professionals usually look at vendor invoices and purchase orders for anomalies such as unusually large invoices or alleged purchases that donât involve delivery of goods. They also familiarize themselves with the cost, timing and purpose of routine purchases and flag any that deviate from the norm.
Confirming physical inventory
Itâs important to confirm physical inventory as well. A fraud expert sometimes recommends hiring an outside firm to perform a count and value inventory to minimize risk that the fraud perpetrator will be on the team.
Whether employees or inventory specialists perform the job, fraud professionals carefully observe warehouse activity once employees realize a count is imminent. Thieves may attempt to shift inventory from another location to substitute for missing items they know will be discovered.
Automating your inventory
To help prevent inventory shrink by employees and other parties, automate your inventory control. If you donât already use it, know that the technology is relatively affordable (even for small businesses), and that it costs much less than potential fraud losses. Contact us for vendor suggestions.
© 2024
Whether hiring contractors, buying equipment or paying vendors, many businesses struggle with the procurement process. Here are some tips for streamlining your companyâs purchase order (PO) approval process.
Benefits of a formal workflow
POs create legally binding agreements between buyers and vendors. For example, your business might outsource a function, such as payroll or marketing, to a third party. A systematic approval process helps your business track and control its spending.
PO approvals may involve users, purchasing managers and executives. Some companies allow low-level employees to approve orders, but most have controls in place that require managers or executives to approve orders over a predetermined dollar amount.
Itâs important to use a formal order approval process. Approving orders up front helps prevent contract disputes and terminations. For instance, the procurement team may discover early on that a potential vendor lacks critical security or industry compliance to fulfill a contract. It also helps decision makers and auditors understand how business units are spending money. If your business has a standardized, automated approval process, it can eliminate missing information and minimize delays.
Steps in the approval process
The approval process should start with a PO request from a business unit for specific goods or services. Often, the procurement department provides a list of approved vendors that have already been vetted and have agreed to favorable pricing. If the employee selects a preapproved vendor, the approval process generally is expedited.
After the PO request form has been completed, it goes to the procurement department. The team reviews the request to make sure they have all the required information. Approved vendors submit a price based on the requirements. New vendors will be vetted by the procurement team. Additional information â such as proof of insurance or tax identification numbers â may be required for orders from new vendors. In some cases, a request for proposal (RFP) that specifies the requirements of the service or project may be sent to the vendor.
Once all the required information has been collected, the procurement team will either approve or deny the request. Denied requests should provide an explanation, including what additional steps are needed for approval, and a deadline for returning the request. Approved requests are sent to final decision makers for their sign off. Then a PO is issued with an assigned number.
When goods are delivered and inspected, the receiving department will match the PO number to the bill of lading. And the payables department will match the PO number to the vendorâs invoice and voucher to properly record the order in the accounting system. This workflow helps ensure that spending complies with the PO approval process, invoices arenât paid twice or overlooked, and costs are allocated to the correct business unit.
Vetting your process
Has your business outgrown its existing PO approval process? Some startups can get by with manual spreadsheet approvals. But, as your business grows, you may decide to automate the process using a software as a service (SaaS) program. Contact us for help streamlining your PO approval process. We can help evaluate your current procedures and set up performance metrics, such as average approval time and the percentage of denied requests, to determine areas for improvement.
© 2024
If your organization has struggled to accurately forecast and manage the costs of its health care benefits, youâre not alone. Global HR consultancy Mercer released a report in May entitled The CFO perspective on health, which surveyed the CFOs and other finance/accounting employees with health budget oversight at 80 employers between February and March of this year.
Of those respondents with 500 or more employees, 72% said their health care benefits costs were less predictable than other expenses. Whatâs more, 67% reported that health care benefits costs are a âsignificantâ or âvery significantâ concern in comparison with other operating expenses.
2 critical factors
So, itâs fairly clear that those in leadership positions at many, if not most, employers are well aware of the challenge of containing these costs. But how do you do it?
The precise answer depends on the defining characteristics of your organization. But, in general, managing health care benefits costs can be made easier by learning more about two critical factors: your workforce and the health care benefits marketplace.
Starting with the first point, your optimal plan design should be driven by the size, demographics and needs of your workforce. Rather than relying on vendor-provided materials, actively manage communications with employees regarding their health care and wellness-related benefits. Determine which offerings are truly valued and which ones arenât.
If you havenât already, explore the feasibility of a wellness program to promote healthier diet and lifestyle choices. Invest in employee education so your plan participants can make more cost-effective health care decisions. Many employers in recent years have turned to high-deductible health plans coupled with Health Savings Accounts to shift some of the cost burden to employees.
As you study your plan design, keep in mind that good data matters. Employers can apply analytics to just about everything these days â including health care coverage. Measure the financial impacts of gaps between benefits offered and those employees actually use. Then, appropriately adjust your plan design to close these costly gaps.
Potential contributors
The second point â that is, the health care benefits marketplace â can be challenging to get a handle on. There are a wide variety of providers, plans and programs out there. Many companies engage a consultant to provide an independent return-on-investment analysis of an existing benefits package and suggest some cost-effective adjustments. Doing so will entail some expense, but an external expertâs perspective could help you save money in the long run.
Another service that a consultant may be able to provide is an audit of medical claims payments and pharmacy benefits management services. Mistakes happen â and fraud is always a possibility. By re-evaluating claims and pharmacy services, you can identify whether youâre losing money to inaccuracies or even wrongdoing.
Regarding pharmacy benefits, as the old saying goes, âEverything is negotiable.â The next time your pharmacy coverage contract comes up for renewal, have an honest discussion with your vendor rep about whether you can get a better deal. If not, it may be time to meet with one or more of the providerâs competitors.
The more you knowÂ
The truth is many employers are concerned about the unpredictability and rising nature of health care benefits costs. Gathering data points about your workforce and getting a strong grasp of the current state of the marketplace are good ways to begin addressing the problem. For help identifying, quantifying and analyzing your organizationâs costs in this area, contact us.
© 2024
When it comes to digital assets, itâs important to know that, unlike many assets, they leave little to no âpaper trail.â Thus, unless your estate plan specifically provides for them, it may be difficult for your family to access these assets â or even know that they exist. Letâs take a look at how to properly address digital assets in your estate plan.
Inventory your assets
Make a comprehensive list of all your digital assets, together with website addresses, usernames, passwords and account numbers. These assets may include:
- Email accounts,
- Social media accounts,
- Digital photo, video, music and book collections,
- Online banking and brokerage accounts, and
- Online reward programs and points, such as credit card rewards or frequent flyer miles.
Be sure to provide instructions for accessing them, particularly if theyâre password protected or encrypted. Store the list in a secure location and be sure your family knows where to find it. Consider using an online password management solution to simplify the process.
Authorize access
Providing your representatives with login credentials to access your digital assets is critical, but itâs likely not enough. Theyâll also need legal consent to gain entrance to and manage your accounts.
Absent such consent, they may violate federal or state data privacy laws or, in the case of financial accounts, even be guilty of theft or misappropriation. Itâs unlikely that the authorities would prosecute your representatives for unauthorized access to your accounts, but itâs advisable to ensure they have explicit authority rather than rely on their possession of your login credentials.
Follow federal laws
For digital assets that you own, such as bank and investment accounts, your estate plan can provide for the transfer of assets to your heirs. But many types of digital assets â including email and social media accounts, as well as certain music and book collections â are licensed rather than owned. These assets generally are governed by terms of service agreements (TOSAs), which typically provide that the licenses are nontransferable and terminate on your death.
Fortunately, there are laws that govern access to digital assets in the event of your death or incapacity. Most states have adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which provides a three-tier framework for accessing and managing your digital assets:
- The act gives priority to providersâ online tools for handling the accounts of customers who die or become incapacitated. For example, Google provides an âInactive Account Manager,â which allows you to designate someone to access and manage your account. Similarly, Facebook allows users to determine whether their accounts will be deleted or memorialized when they die and to designate a âlegacy contactâ to maintain their memorial pages.
- If the online provider doesnât offer such tools, or if you donât use them, then access to digital assets is governed by provisions in your will, trust, power of attorney or other estate planning document.
- If you donât grant authority to your representatives in your estate plan, then access to digital assets is governed by the providerâs TOSA.
To ensure that your loved ones have access to your digital assets, use providersâ online tools or include explicit authority in your estate plan. If you have questions on how to properly address your digital assets in your estate plan, please contact us.
© 2024
Yeo & Yeo recently hosted a comprehensive webinar titled “Unlocking Compliance: Mastering DOL’s Final Overtime Rules Through Job Duties Analysis,” on June 12, 2024, featuring Mildred Kress from the U.S. Department of Labor. The session offered valuable insights into the latest updates on overtime exemptions for executive, administrative, and professional employees under the Fair Labor Standards Act (FLSA), outlining critical changes and essential actions for ensuring compliance.
During the webinar, we gathered questions from the Q&A session and have compiled them along with the answers we provided during the event and those we’ve researched further. Some answers are direct quotes from the presentation. We will continue to update this Q&A as new information becomes available. View all of our resources on the webinar here. Â
Question 1
Our church has a youth minister who is paid a salary of $40,000. As part of their duties, they will attend a week-long (six days) church camp out of state, supervising youth during the summer or perhaps a mission trip with the youth (4 days). They are on call 24 hours a day for emergencies and supervise the youth during the entire time of the camp or mission event. What must the youth minister be paid? Can they be given compensatory time off in lieu of overtime? The youth minister normally works 35 hours per week.
A: For such a specific question, you should reach out to the Department of Labor.
Call or visit the nearest WHD Office
- Visit the WHD homepages at: https://www.dol.gov/agencies/whd
- The WHD toll-free information and helpline at 1-866-4US-WAGE (1-866-487-9243)
In general, if it is determined that the youth pastor qualifies as an exempt employee (all three qualifications need to be met- salary threshold, salary basis, and duties test), then you are allowed to let him comp his time.Â
If this employee is non-exempt and is âon-callâ outside of regular working time, then usually, wages are paid when he is called to work. Some companies pay an additional âon-callâ payment to their employees in addition to the hours worked.Â
Question 2
Why wouldn’t a highly compensated employee be exempt simply because they earn more than $684…why is there a second level?
A: I donât know the reasoning behind the governmentâs creation of this rule, but if I had to guess, they were trying to prevent someone from receiving high compensation without working. For example, an ownerâs wife is on payroll to receive money but never steps foot in the business. To be exempt from overtime, all three levels need to be met â salary level, salary basis, and job duties.
Highly Compensated Employees (as of July 1, 2024)
The regulations contain a special rule for âhighly compensatedâ employees who are paid total annual compensation of $132,964 or more. A highly compensated employee is deemed exempt under Section 13(a)(1) if:
- The employee earns a total annual compensation of $132,964 or more, which includes at least $844 per week paid on a salary or fee basis;
- The employeeâs primary duty includes performing office or non-manual work and
- The employee customarily and regularly performs at least one of the exempt duties or responsibilities of an exempt executive, administrative, or professional employee.
Thus, for example, an employee may qualify as an exempt highly compensated executive if the employee customarily and regularly directs the work of two or more other employees, even though the employee does not meet all of the other requirements in the standard test for exemption as an executive.
Question 3
If someone under the new salary cap is not a full-time employee (they work 30 hours/week), would they get overtime pay over 40 or 30 hours?
A: 40 hours plus is the overtime threshold.
Question 4
Are salaried employees required to take a lunch break?
A: No, salaried employees are not required a lunch break under federal law.
Question 5
Do you believe that this will get tied up in the courts before the 1st of either July 1st or 1/1/25?
A: We do not know – we would find as soon as the public does. As of today, there is still no word.
Question 6
Are there some exceptions to being under the FLSA for certain nonprofit organizations?
A: Depends on what the organization is doing – run it by the DOL office.
Question 7
If an employee falls under one of the “exempt” categories, then they donât have to have their salary adjusted to over the threshold? And if that is true, would an interior designer be considered a “Creative Professional”?
A: Yes – an interior designer would most likely be considered a creative professional; contact the office for further details
Question 8
If I have a facility director who makes under the $684 per week test but is salaried, this staff member would NOT be exempt from overtime, correct? Yes, that is correct. Another example: If I have a teacher who makes under the $684 per week test but is salaried, this staff member would be exempt from overtime, correct?
A: Teachers are exempt; Correct, under $684 would not be exempt.
Question 9
Will you be sharing the formula for total compensation?
A: Commissions, incentive pay, or non-discretionary-bonuses can only be 10% of the threshold – the employer needs to pay 90% of the threshold.
Question 10
Do church employees have to make the min. salary?
A: It would have to be specifically looked at, being it is a nonprofit
Many nonprofit organizations are covered by the FLSA. The final rule may impact nonprofit organizations with an annual volume of sales or business done of at least $500,000. In determining coverage, only activities performed for a business purpose are considered. Charitable, religious, educational, or similar activities of organizations operated on a nonprofit basis where such activities are not in substantial competition with other businesses are not considered. Employees of employers who are not covered by the FLSA on an enterprise basis may still be entitled to its protections if they are individually engaged in interstate commerce.
The Departmentâs EAP regulations have never had special rules for nonprofit or charitable organizations, and employees of these organizations are subject to the EAP exemption if they satisfy the same salary level, salary basis, and duties tests as other employees.
Question 11
Will employees need to punch a time clock?
A: The employer has record-keeping responsibilities once the employee is considered exempt.
Employees entitled to overtime pay are not required to punch a time clock. The FLSA requires that employers keep certain records for each nonexempt employee so those workers can be sure that they get paid what they earn and are owed, including time and one-half of their regular rate of pay when they work more than 40 hours in a workweek. Employers have options for accounting for employees’ work hours, some of which are very low-cost and burdensome. There is no particular form or order of records required, and employers may choose how to record hours worked for overtime-eligible employees. For example, when an employee works a fixed schedule that rarely varies, the employer may simply keep a record of the employeeâs regular schedule and then record any variations from that schedule (âexceptions reportingâ).
https://www.dol.gov/agencies/whd/fact-sheets/21-flsa-recordkeeping
Question 12
Can I require my salaried EE’s who don’t hit the salary threshold to track hours on paper and submit that tracking weekly?
A: If you have a record, that will work â
Unlike other employees, employers are not required to keep records related to the daily or weekly work time performed by employees who are exempt employees. However, employers must still keep certain records related to the identity and payment of these employees, as described in the Departmentâs recordkeeping regulations at 29 CFR part 516.
Question 13
What about for seasonal employees? Are there particular rules for them?
A: It might depend on the specific seasonal work – but don’t know of anything specific related to seasonal employees.
Question 14
Regarding exempt, there is some flexibility with employees such as working more or less than 40 hours to perform a job. If they revert to hourly, that flexibility is lost, correct?
A: They can work more or less than 40 hours, they will just need to be paid overtime for anything over 40 hours
Question 15
Does our first payroll of July, July 3, have to be paid at the new, salary rate even though the dates paid are for June 20-26? Or are the dates worked in July the beginning of the new, salary rate? Thus, our first new, salary rate paid out on July 11th, our second payroll of the month?
A: The latter would be correct. The dates worked starting in July would be affected by the new salary threshold. The dates worked in June would still be subject to the current pay requirement.
The next quarterly estimated tax payment deadline is June 17 for individuals and businesses, so itâs a good time to review the rules for computing corporate federal estimated payments. You want your business to pay the minimum amount of estimated tax without triggering the penalty for underpayment of estimated tax.
Four possible options
The required installment of estimated tax that a corporation must pay to avoid a penalty is the lowest amount determined under one of the following four methods:
- Current year method. Under this option, a corporation can avoid the estimated tax underpayment penalty by paying 25% of the tax shown on the current tax yearâs return (or, if no return is filed, 25% of the tax for the current year) by each of four installment due dates. The corporate due dates are generally April 15, June 15, September 15 and December 15. If a due date falls on a Saturday, Sunday or legal holiday, the payment is due the following business day.
- Preceding year method. Under this option, a corporation can avoid the estimated tax underpayment penalty by paying 25% of the tax shown on the return for the preceding tax year by each of four installment due dates. (Note, however, that for 2022, certain corporations can only use the preceding year method to determine their first required installment payment. This restriction is placed on corporations with taxable income of $1Â million or more in any of the last three tax years.) In addition, this method isnât available to corporations with a tax return that was for less than 12Â months or a corporation that didnât file a preceding tax year return that showed some tax liability.
- Annualized income method. Under this option, a corporation can avoid the estimated tax underpayment penalty if it pays its âannualized taxâ in quarterly installments. The annualized tax is computed on the basis of the corporationâs taxable income for the months in the tax year ending before the due date of the installment and assumes income will be received at the same rate over the full year.
- Seasonal income method. Under this option, corporations with recurring seasonal patterns of taxable income can annualize income by assuming income earned in the current year is earned in the same pattern as in preceding years. Thereâs a somewhat complicated mathematical test that corporations must pass in order to establish that they meet the threshold and therefore qualify to use this method. If you think your corporation might qualify for this method, donât hesitate to ask for our assistance in determining if it does.
Also, note that a corporation can switch among the four methods during a given tax year.
We can examine whether your corporationâs tax bill can be reduced. If youâd like to discuss this matter further, contact us.
© 2024
Reliable financial reporting is key to any companyâs success. Hereâs why your business should at least consider investing in audited financial statements.
Weighing the differences
Most businesses maintain an in-house accounting system to manage their financials. The documents your staff prepares through your in-house accounting system are called âinternally prepared financial statements.â
In many cases, internal financials are perfectly functional for the day-to-day operational needs of a small business. But they usually donât follow every reporting standard prescribed under U.S. Generally Accepted Accounting Principles (GAAP).
When an external CPA audits your financial statements, he or she will examine various accounting documents to check whether youâre following GAAP and, afterward, offer an opinion on your statements. If the auditor issues an âunqualifiedâ opinion, he or she agrees with the methods your in-house team used to prepare your financial statements.
If a âqualifiedâ opinion is issued, it usually means the auditor has identified one or more GAAP reporting methods that your company hasnât followed. This doesnât mean your financial statements are inaccurate; it just signifies that you didnât prepare them according to GAAP. (There may be other reasons for a qualified opinion as well.)
Looking at both sides
Who cares whether youâre in compliance with GAAP? Lenders, investors and other external stakeholders do. For example, banks may require you provide audited financial statements before theyâll approve loans, and sureties usually require them for bonding purposes. Some governmental agencies also require companies to provide audited statements to bid on contracts.
You may even save money. Small businesses with audited statements typically receive lower interest rates on loans than companies without audited statements. In addition, because of the extra steps an external auditor takes, audited financial statements are more likely than internally prepared statements to be free of reporting mistakes, such as data entry errors. For example, if your balance sheet shows that you bought a piece of equipment for $100,000, your auditor will double-check that figure by looking at original receipts.
Although audited financial statements can provide the benefits mentioned, theyâre not something your business should leap into without foresight. In addition to requiring a financial investment, an outside audit will ask you and your employees to invest a substantial amount of time and energy toward its completion. Youâll need to gather and provide extensive documentation and even submit to interviews.
Whatâs right for your business?
If external stakeholders donât require your company to provide audited financial statements, your CPA offers other lower-cost options, such as compiled or reviewed statements, which can help you gain insight into your companyâs financial health. Contact us to determine whatâs appropriate for your situation. If you decide you want an external audit of your financial statements, weâll discuss timelines and responsibilities before fieldwork begins.
© 2024
One of the types of occupational fraud schemes that became more costly for employers since the beginning of the COVID-19 pandemic in 2020 is expense reimbursement fraud. According to the Association of Certified Fraud Examinersâ (ACFEâs) latest report, this type of employee scheme now ranks fourth after corruption, billing schemes and noncash fraud.
Although the $50,000 median loss of expense reimbursement scams is less than that of some other frauds, itâs also very commonly perpetrated. According to software company Emburse, nearly 25% of 1,000 workers surveyed admitted to passing off personal purchases as work-related buys. If you let internal controls slip a bit during the pandemic and youâre seeing more exaggerated or falsified expense reports, itâs time to reinforce your fraud deterrents.
How they do it
Employees often cheat on their reimbursement reports by inventing expenses. They might, for example, stick your company with the bill for a lavish dinner with friends or expense hotel costs accrued while extending a business trip for leisure. Employees may also exaggerate the amount of legitimate expenses by, say, claiming larger service tips than they actually paid.
Other common reimbursement fraud schemes include submitting bills for trips that were never taken (such as canceled airline tickets or refunded hotel registration), claims for items employees didnât purchase, inflated mileage totals and bills for nonreimbursable expenses, such as alcohol or leisure activity tickets. Some employees are habitual cheaters who stock up on blank receipts from cab companies and restaurants to submit with their phony expense reports.
How to stop them
Larger organizations (with more than 100 employees) are actually more likely to suffer from reimbursement fraud than smaller ones, according to the ACFE. However, any employer without strictly adhered to submission and approval rules can become a victim.
To prevent employees from cheating your expense reimbursement system:
- Develop a policy for expense reimbursement that, for example, requires original receipts and documentation for expenses over a certain amount. Mandate that every employee read and sign the policy.
- Make supervisors accountable for approving and verifying expenses. They should scrutinize suspicious items and any reports containing multiple expenses that fall just below the amount requiring documentation.
- Regularly verify that employee credit card charges (if applicable) havenât been canceled and that balances are being paid in full.
- Establish a confidential fraud hotline if you havenât already. Employees who know about cheating colleagues may not report them unless they have an anonymous mechanism to do so.
Make sure managers and executives are held to the same rules as other employees. And if you find that an employee has been submitting false claims, take action. This may include termination of employment and criminal charges. Consult with your attorney.
Vulnerable industries
Finally, organizations in certain industries are more likely to suffer losses from expense reimbursement schemes. According to the ACFE report, these include the construction, manufacturing, health care, education and not-for-profit sectors. For suggestions on preventing and detecting reimbursement fraud, contact us.
© 2024
The IRS recently released guidance providing the 2025 inflation-adjusted amounts for Health Savings Accounts (HSAs). These amounts are adjusted each year, based on inflation, and the adjustments are announced earlier in the year than other inflation-adjusted amounts, which allows employers to get ready for the next year.
Fundamentals of HSAs
An HSA is a trust created or organized exclusively for the purpose of paying the qualified medical expenses of an account beneficiary. An HSA can only be established for the benefit of an eligible individual who is covered under a high-deductible health plan (HDHP). In addition, a participant canât be enrolled in Medicare or have other health coverage (exceptions include dental, vision, long-term care, accident and specific disease insurance).
Within specified dollar limits, an above-the-line tax deduction is allowed for an individualâs contribution to an HSA. This annual contribution limitation and the annual deductible and out-of-pocket expenses under the tax code are adjusted annually for inflation.
Inflation adjustments for 2025
In Revenue Procedure 2024-25, the IRS released the 2025 inflation-adjusted figures for contributions to HSAs, which are as follows:
Annual contribution limits. For calendar year 2025, the annual contribution limit for an individual with self-only coverage under an HDHP will be $4,300. For an individual with family coverage, the amount will be $8,550. These are up from $4,150 and $8,300, respectively, in 2024.
In addition, for both 2024 and 2025, thereâs a $1,000 catch-up contribution amount for those who are age 55 or older by the end of the tax year.
High-deductible health plan limits. For calendar year 2025, an HDHP will be a health plan with an annual deductible that isnât less than $1,650 for self-only coverage or $3,300 for family coverage (these amounts are $1,600 and $3,200 for 2024). In addition, annual out-of-pocket expenses (deductibles, co-payments and other amounts, but not premiums) wonât be able to exceed $8,300 for self-only coverage or $16,600 for family coverage (up from $8,050 and $16,100, respectively, for 2024).
Heath Reimbursement Arrangements
The IRS also announced an inflation-adjusted amount for Health Reimbursement Arrangements (HRAs). An HRA must receive contributions from an eligible individual (employers canât contribute). Contributions arenât included in income, and HRA reimbursements used to pay eligible medical expenses arenât taxed. In 2025, the maximum amount that may be made newly available for the plan year for an excepted benefit HRA will be $2,150 (up from $2,100 in 2024).
Collect the benefits
There are a variety of benefits to HSAs that employers and employees appreciate. Contributions to the accounts are made on a pre-tax basis. The money can accumulate tax-free year after year and can be withdrawn tax-free to pay for a variety of medical expenses such as doctor visits, prescriptions, chiropractic care and premiums for long-term care insurance. In addition, an HSA is âportable.â It stays with an account holder if he or she changes employers or leaves the workforce. Many employers find it to be a fringe benefit that attracts and retains employees. If you have questions about HSAs at your business, contact us.
© 2024
Four antifraud controls are associated with at least a 50% reduction in both fraud loss and duration, according to âOccupational Fraud 2024: A Report to the Nationsâ published by the Association of Certified Fraud Examiners (ACFE). They are financial statement audits, reporting hotlines, surprise audits and proactive data analysis. However, the ACFE study also found that two of these â surprise audits and proactive data analysis â are among the least commonly implemented controls. Hereâs how your organization might benefit from conducting periodic surprise audits.
Financial statement audits vs. surprise audits
Business owners and managers often dismiss the need for surprise audits, mistakenly assuming their annual financial statement audits provide sufficient coverage to detect and deter fraud among their employees. But financial statement audits shouldnât be relied upon as an organizationâs primary antifraud mechanism.
By comparison, a surprise audit more closely examines the companyâs internal controls that are intended to prevent and detect fraud. Such audits aim to identify any weaknesses that could make assets vulnerable and determine whether anyone has already exploited those weaknesses to misappropriate assets.
Auditors usually focus on particularly high-risk areas, such as cash, inventory, receivables and sales. They show up unexpectedly, usually when the owners suspect foul play, or randomly as part of the companyâs antifraud policies. In addition, an auditor might follow a different process or schedule than during an annual financial statement audit. For example, instead of beginning audit procedures with cash, the auditor might first scrutinize receivables or vendor invoices during a surprise audit.
The element of surprise is critical because most fraud perpetrators are constantly on guard. Announcing an upcoming audit or performing procedures in a predictable order gives wrongdoers time to cover their tracks by shredding (or creating false) documents, altering records or financial statements, or hiding evidence.
Big benefits
The 2024 ACFE study demonstrates the primary advantages of surprise audits: lower financial losses and reduced duration of schemes. The median loss for organizations that conduct surprise audits is $75,000, compared with a median loss of $200,000 for those organizations that donât conduct them â a 63% difference. This discrepancy is no surprise in light of how much longer fraud schemes go undetected in organizations that fail to conduct surprise audits. The median duration in those organizations is 18 months, compared with only nine months for organizations that perform surprise audits.
Surprise audits can have a strong deterrent effect, too. Companies should state in their fraud policies that random tests will be conducted to ensure internal controls arenât being circumvented. If this isnât enough to deter would-be thieves or convince current perpetrators to abandon their schemes, simply seeing guilty co-workers get swept up in a surprise audit should help.
Despite these benefits, the 2024 ACFE study found that less than half (42%) of the victim-organizations reported performing surprise audits. Moreover, only 17% of companies with fewer than 100 employees have implemented this antifraud control (compared to 49% of those with 100 or more employees).
We can help
Your organization canât afford to be lax in its antifraud controls. The ACFE estimates that occupational fraud costs the typical organization 5% of its revenue annually, and the median loss caused by fraud is a whopping $145,000. If your organization doesnât already conduct surprise audits, contact us to discuss how they can be used to fortify its defenses against occupational theft and financial misstatement.
© 2024
As artificial intelligence (AI) continues to integrate itself into many workplaces, the U.S. Department of Labor (DOL) has been busy addressing the technologyâs many implications.
In fact, the agency recently issued two sets of guidance that employers should be aware of. One discusses the legal compliance impact of AI, and the other suggests best practices for protecting workersâ well-being as AI-powered systems and processes are rolled out.
FLSA, FMLA, etc.
On April 29, DOL administrator Jessica Looman distributed a Field Assistance Bulletin (No. 2024-1) to Wage and Hour Division staff that outlines how various federal labor laws apply to employersâ use of AI. The memo warns that âwithout responsible human oversight, the use of [AI] technologies may pose potential compliance challenges with respect to federal labor standards.â
Of particular interest are the specifics Looman provides regarding the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). Regarding the FLSA, for example, the memo warns that employers canât dock employeesâ pay based on activity or productivity metrics calculated by AI systems.
Nor can employers use AI (or other systems) to take adverse actions against employees who engage in protected activities. Looman gives an example of using âautomated worker surveillance systems to detect, target, or monitor workers whom the employer suspects have filed a complaintâ with the DOL.
When it comes to the FMLA, employers must be on guard for the possibility that AI-powered systems could:
- Wrongfully deny employeesâ qualified leave under the act,
- Miscalculate rightfully earned paid time off, or
- Demand too much information from employees requesting leave.
The memo also warns: âSystems used to track leave use may not be used to target FMLA leave users for retaliation or discourage the use of such leave.â
In addition, the guidance covers the Providing Urgent Maternal Protections for Nursing Mothers Act (commonly referred to as the PUMP Act) and the Employee Polygraph Protection Act. To read the full text of the bulletin, click here.
8 key principles
On May 23, the DOL published a document on its website entitled Artificial Intelligence and Worker Well-being: Principles for Developers and Employers. The guidance, which is based on âinput from workers, unions, researchers, academics, employers, and developers, among others,â sets forth eight principles applicable to the development and deployment of AI in the workplace. The principles recommend that AI should be:
- Centered on worker empowerment (that is, employees should be informed and involved in its development, training and use),
- Ethically developed to protect workers,
- Established under clear governance and human oversight,
- Transparent in how itâs used for both job applicants and employees,
- Compliant with laws regarding workersâ right to organize and other rights and protections,
- Used to enable employees to improve job quality,
- Introduced into the workplace with appropriate support and upskilling, and
- Managed with the responsible use of employeesâ sensitive data.
Per the guidance, âThe Principles are applicable to all sectors and intended to be mutually reinforcing, though not all Principles will apply to the same extent in every industry or workplace.â To read the full text, click here.
More guidance ahead?
Both sets of guidance were prompted by an executive order issued by President Biden in October 2023 on the âsafe, secure, and trustworthyâ use of AI. Employers can likely expect further guidance to be issued on the federal and state levels as the impact of AI on various industries and workplaces in general becomes clearer.Â
© 2024
Health Savings Accounts (HSAs) allow eligible individuals to lower their out-of-pocket health care costs and federal tax bills. Since most of us would like to take advantage of every available tax break, now might be a good time to consider an HSA, if youâre eligible.
Not only can an HSA be a powerful tool for financing health care expenses, it can also supplement your other retirement savings vehicles. Plus, it offers estate planning benefits to boot.
HSAs by the numbers
Similar to a traditional IRA or 401(k) plan, an HSA is a tax-advantaged savings account funded with pretax dollars. Funds can be withdrawn tax-free to pay for a wide range of qualified medical expenses. (Withdrawals for nonqualified expenses are taxable and, if youâre under 65, subject to a penalty.)
An HSA must be coupled with a high-deductible health plan (HDHP). For 2024, an HDHP is a plan with a minimum deductible of $1,600 ($3,200 for family coverage) and maximum out-of-pocket expenses of $8,050 ($16,100 for family coverage).
Be aware that, to contribute to an HSA, you must not be enrolled in Medicare or covered by any non-HDHP insurance (a spouseâs plan, for example). For 2024, the annual contribution limit for HSAs is $4,150 for individuals with self-only coverage and $8,300 for individuals with family coverage.
If youâre 55 or older, you can add another $1,000 annually. Typically, contributions are made by individuals, but some employers contribute to employeesâ accounts.
Cost-saving benefits
HSAs can lower health care costs in two ways: 1) by reducing your insurance expense (HDHP premiums are substantially lower than those of other plans) and 2) allowing you to pay qualified expenses with pretax dollars.
In addition, any funds remaining in an HSA may be carried over from year to year and invested, growing on a tax-deferred basis indefinitely. This is a huge advantage over health care Flexible Spending Accounts, where the funds must be spent or forfeited (although some employers permit employees to carry over up to $500 per year). When you turn 65, you can withdraw funds penalty-free for any purpose (although funds that arenât used for qualified medical expenses are taxable).
To the extent that HSA funds arenât used to pay for qualified medical expenses, theyâre treated much like those in an IRA or a 401(k) plan.
Estate planning benefits
Unlike traditional IRA and 401(k) plan accounts, with HSAs you donât need to take required minimum distributions once you reach age 73. Besides funds used to pay qualified medical expenses, the account balance continues to grow on a tax-deferred basis indefinitely, providing additional assets for your heirs. The tax implications of inheriting an HSA differ substantially depending on who receives it, so itâs important to consider your beneficiary designation.
If you name your spouse as beneficiary, the inherited HSA will be treated as his or her own HSA. That means your spouse can allow the account to continue growing and withdraw funds tax-free for his or her own qualified medical expenses.
If you name your child or someone else other than your spouse as beneficiary, the HSA terminates and your beneficiary is taxed on the accountâs fair market value. Itâs possible to designate your estate as beneficiary, but in most cases thatâs not the best choice. A non-spouse beneficiary other than your estate can avoid taxes on any qualified medical expenses that you incurred prior to death, paid with HSA funds within one year after death.
Contact us for more information regarding HSAs.
© 2024
This webinar has concluded. Additional resources are provided below.
Yeo & Yeoâs payroll specialists and a U.S. Department of Labor representative hosted a webinar on the latest Department of Labor (DOL) Wage and Hour Division developments. The DOL has finalized a rule impacting overtime exemptions for executive, administrative, and professional employees under the Fair Labor Standards Act (FLSA). This new rule raises the minimum salary needed for employees to qualify for exemption. The initial increase takes effect July 1, 2024, and will automatically adjust every three years based on a specific formula.
This webinar focused on the following key topics:
- FLSA executive, administrative, and professional exemptions, including learned and creative professionals
- Minimum salary levels and effective dates
- The primary duties test
- Highly compensated employees (HCE) test
- Nondiscretionary payments to meet salary thresholds
- Definition of âpaidâ on a salary
- What actions should you take now to prepare?
Additional Resources:
- Final Rule: Restoring and Extending Overtime Protections â DOL presentation that provides an overview of the new rule
- Unlocking Compliance: Mastering DOLâs Final Overtime Rules Through Job Duties Analysis â Yeo & Yeoâs webinar slides
- U.S. Department of Laborâs 2024 Final Rule webpage â Additional resources to help navigate the Final Rule
- U.S. Department of Laborâs 2024 Final Rule
- Wage and Hour Division Fact Sheets
- Webinar Q&A
Webinar Presenters:
Christine Porras, CPP â Yeo & Yeo, Payroll Supervisor
Rose Sharman â Yeo & Yeo, Outsourced Business Operations Manager
Mildred Kress â U.S. Department of Labor, Community Outreach & Resource Planning
Â
We are delighted to spotlight Kyle Richardson, CPA, one of the recipients of the Tomorrowâs 20 award from the Auburn Hills Chamber of Commerce. This award recognizes emerging leaders who exemplify outstanding leadership, innovation, and commitment to community service.Â
Kyle, can you tell us about your journey leading up to receiving the Tomorrowâs 20 Award?
My journey to receiving the Tomorrowâs 20 Award has been shaped by a strong sense of duty and a pursuit of excellence, cultivated during my time serving in the United States Army. Stationed in Afghanistan, I was privileged to earn commendations for heroism and meritorious service, experiences that instilled in me a deep commitment to leadership and helping others.Â
Your involvement with various organizations is impressive. Could you share some insights into your leadership roles?
I was fortunate to assume leadership roles in various organizations that have allowed me to use what I have learned to help others. As the former president of the Walsh College Student Veteran Organization and the Walsh College Accounting and Taxation Student Organization, I was privileged to guide and empower fellow students, leveraging my experiences to support their academic and professional growth. As the former president of the Yeo & Yeo Young Professionals group, I worked closely with my colleagues to organize events and activities to give back to the communities where we live, work, and play.
What drives your passion for giving back?
My passion for giving back is deeply rooted in the power of community and collective action. I am driven to make a difference in the lives of others, leveraging my skills and resources to uplift those in need and contribute to the greater good. Whether volunteering with the American Cancer Society to support cancer research and patient care, engaging in meaningful initiatives at Woodside Bible Church, or supporting The Bottomless Toy Chest, I am continually inspired by the profound impact that acts of service can have on individuals and communities.
Winning the Tomorrowâs 20 Award is a significant achievement. How do you feel about receiving this honor?
Winning the Tomorrowâs 20 Award is an incredibly humbling experience. It is inspiring to be recognized alongside other emerging leaders who share a commitment to service and excellence. This award is a testament to my passion for community service and professional growth. It reaffirms my belief in the power of leadership and collective action to effect positive change and motivates me to continue striving for excellence and making meaningful contributions to my community and beyond.
Kyle Richardson epitomizes the qualities of tomorrowâs leaders through his unwavering commitment to service, exemplary leadership, and forward-thinking mindset. His dedication and contributions have left a lasting mark on those around him, inspiring others to follow his example and actively shape a brighter future for all. We extend our congratulations to Kyle on this well-deserved achievement and eagerly anticipate the continued impact of his leadership and service in the years to come.
Businesses have long been advised to engage in active dialogues with their customers and prospects. The problem was, historically, these interactions tended to take a long time. Maybe you sent out a customer survey and waited weeks or months to gather the data. Or perhaps you launched a product or service and then waited anxiously for the online reviews to start popping up.
Thereâs now a much faster way of dialoguing with customers and prospects called âconversational marketing.â Although the approach isnât something to undertake lightly, it could help you raise awareness of your brand and drive sales.
Concept and goal
The basic concept behind conversational marketing is to strike up real-time discussions with customers and prospects as soon as they contact you. Youâre not looking to give them canned sales pitches. Instead, you want to establish authentic social connections â whether with individuals or with representatives of other organizations in a business-to-business context.
The overriding goal of conversational marketing is to accelerate and enhance engagement. Your aim is to interact with customers and prospects in a deeper, more meaningful way than, say, simply giving them a price list or rattling off the specifications of products or services.
In accomplishing this goal, youâll increase the likelihood of gaining loyal customers who will generate steady or, better yet, increasing revenue for your business.
Commonly used channels
The nuts and bolts of conversational marketing lies in technology. If you decide to implement it, youâll need to choose tech-based channels where your customers and prospects most actively contact you. Generally, these tend to be:
Your website. The two basic options you might deploy here are chatbots and live chat. Chatbots are computer programs, driven by artificial intelligence (AI), that can simulate conversations with visitors. They can either appear immediately or pop up after someone has spent a certain amount of time on a webpage. Todayâs chatbots can answer simple questions, gather information about customers and prospects, and even qualify leads.
With live chat, you set up an instant messaging system staffed by actual humans. These reps need to be thoroughly trained on the principles and best practices of conversational marketing. Their initial goal isnât necessarily to sell. They should first focus on getting to know visitors, learning about their interests and needs, and recommending suitable products or services.
Social media. More and more businesses are actively engaging followers in comments and direct messages on popular platforms such as Facebook, Instagram and Tik Tok. This can be a tricky approach because you want responses to be as natural and appropriately casual as possible. You donât want to sound like a robot or give anyone the âhard sell.â Authenticity is key. Youâll need to carefully choose the platforms on which to be active and train employees to monitor those accounts, respond quickly and behave properly.
Text and email. If you allow customers and prospects to opt-in to texts and emails from your company, current AI technology can auto-respond to these messages to answer simple questions and get the conversation rolling. From there, staff can follow up with more personalized interactions.
A wider audience
Like many businesses, yours may have already been engaging in conversational marketing for years simply by establishing and building customer relationships. Itâs just that todayâs technology enables you to formalize this approach and reach a much wider audience. For help determining whether conversational marketing would be cost-effective for your company, contact us.
© 2024
Are you tired of juggling a multitude of passwords like a circus act? Youâre not alone. According to a recent report, around 1 in 4 of us feel the same. But itâs not just the sheer number of passwords thatâs causing headaches â itâs the security risks they pose.
Letâs face it, when it comes to setting passwords, most people arenât cyber security professionals. From weak and easily guessable passwords to the cardinal sin of reusing passwords across multiple accounts, human error is everywhere.
Another study revealed that, on average, people use the same password for five different accounts. And donât get us started on classics like â123456â⊠used on a mind-boggling 23 million breached accounts.
But hereâs the thing: Cyber criminals donât need any extra help. Theyâre already pros at cracking passwords, and our lax habits are like an open invitation to wreak havoc. And letâs not forget the staggering stats â a projected $434 billion loss to online payment fraud globally between 2024 and 2027, with 90% of data leaks attributed to stolen login details.
So, whatâs the solution?
Password managers.
These are essential software tools that take the hassle out of password management by generating and storing complex, unique passwords for each account. No more â123456â disasters. Just robust security.
And the best part? Password managers not only beef up your security defenses but they also streamline your digital life. With one-click logins and autofill features, youâll wonder how you ever lived without one. And with the right password manager, you can rest easy knowing your sensitive data is under lock and key.
A password manager makes your life easier and business safer at the same time. Want to know which one we recommend? Get in touch.
Information used in this article was provided by our partners at MSP Marketing Edge.
After experiencing a downturn in 2023, merger and acquisition activity in several sectors is rebounding in 2024. If youâre buying a business, you want the best results possible after taxes. You can potentially structure the purchase in two ways:
- Buy the assets of the business, or
- Buy the sellerâs entity ownership interest if the target business is operated as a corporation, partnership or LLC.
In this article, weâre going to focus on buying assets.
Asset purchase tax basics
You must allocate the total purchase price to the specific assets acquired. The amount allocated to each asset becomes the initial tax basis of that asset.
For depreciable and amortizable assets (such as furniture, fixtures, equipment, buildings, software and intangibles such as customer lists and goodwill), the initial tax basis determines the post-acquisition depreciation and amortization deductions.
When you eventually sell a purchased asset, youâll have a taxable gain if the sale price exceeds the assetâs tax basis (initial purchase price allocation, plus any post-acquisition improvements, minus any post-acquisition depreciation or amortization).
Asset purchase results with a pass-through entity
Letâs say you operate the newly acquired business as a sole proprietorship, a single-member LLC treated as a sole proprietorship for tax purposes, a partnership, a multi-member LLC treated as a partnership for tax purposes or an SÂ corporation. In those cases, post-acquisition gains, losses and income are passed through to you and reported on your personal tax return. Various federal income tax rates can apply to income and gains, depending on the type of asset and how long itâs held before being sold.
Asset purchase results with a CÂ corporation
If you operate the newly acquired business as a CÂ corporation, the corporation pays the tax bills from post-acquisition operations and asset sales. All types of taxable income and gains recognized by a CÂ corporation are taxed at the same federal income tax rate, which is currently 21%.
A tax-smart purchase price allocation
With an asset purchase deal, the most important tax opportunity revolves around how you allocate the purchase price to the assets acquired.
To the extent allowed, you want to allocate more of the price to:
- Assets that generate higher-taxed ordinary income when converted into cash (such as inventory and receivables),
- Assets that can be depreciated relatively quickly (such as furniture and equipment), and
- Intangible assets (such as customer lists and goodwill) that can be amortized over 15 years.
You want to allocate less to assets that must be depreciated over long periods (such as buildings) and to land, which canât be depreciated.
Youâll probably want to get appraised fair market values for the purchased assets to allocate the total purchase price to specific assets. As stated above, youâll generally want to allocate more of the price to certain assets and less to others to get the best tax results. Because the appraisal process is more of an art than a science, there can potentially be several legitimate appraisals for the same group of assets. The tax results from one appraisal may be better for you than the tax results from another.
Nothing in the tax rules prevents buyers and sellers from agreeing to use legitimate appraisals that result in acceptable tax outcomes for both parties. Settling on appraised values becomes part of the purchase/sale negotiation process. That said, the appraisal thatâs finally agreed to must be reasonable.
Plan ahead
Remember, when buying the assets of a business, the total purchase price must be allocated to the acquired assets. The allocation process can lead to better or worse post-acquisition tax results. We can help you get the former instead of the latter. So get your advisor involved early, preferably during the negotiation phase.
© 2024
Occupational fraud isnât just a financial threat. It can potentially change a businessâs reputation, culture and relationships. But before dealing with any larger ramifications of fraud, defrauded companies must first âclean upâ the mess. This may include potentially terminating the perpetrator, taking civil action or referring the perpetrator to the police. Whatever a business chooses to do in the aftermath of a fraud incident, swift action is paramount and internal controls must be addressed.
How do victims react?
In its Occupational Fraud 2024: A Report to the Nations, the Association of Certified Fraud Examiners (ACFE) reveals that when organizations uncover fraud, 67% choose to terminate the individuals involved. In 57% of cases, companies refer fraud perpetrators to law enforcement. Of those, 45% result in the perpetrator pleading guilty or no contest, while 27% are convicted at trial. In 14% of referred cases, law enforcement declines to prosecute.
When fraud comes to light, the role of legal counsel is critical. If your organization discovers fraud, be sure to notify your attorney before launching any investigation. Attorneys can provide guidance on how to handle potential suspects, including whether to suspend or terminate them from work, how to notify them of your decision and what to communicate with other workers.
Also consider engaging a forensic accountant. This fraud expert can help analyze records and data, identify suspects, interview witnesses, recover financial losses and collect evidence that will hold up in court (if applicable). Keep in mind that you may want to let your attorney hire the forensic accountant.
Whether your company or a fraud expert conducts the investigation, it typically will involve several steps. These include gathering and reviewing relevant documents (including digital files), interviewing possible perpetrators and their coworkers, and preparing a comprehensive investigative report. Your business also must â with legal input â decide whether it plans to pursue criminal or civil charges against those involved.
How can you mitigate losses?
Note that recovering financial losses from fraud isnât necessarily straightforward. The ACFE found that 57% of organizations recovered nothing, 30% made a partial recovery and only 13% recovered all losses related to fraud.
Such figures only highlight the need for robust internal controls to mitigate losses in the first place. For example, the ACFE reports that if surprise audits arenât used by an organization, the median loss if fraud occurs is $200,000. But if surprise audits are used and a business suffers a fraud incident, its median loss is only $75,000 â a 63% reduction. Obviously, following this approach to risk reduction acknowledges that internal controls arenât always foolproof. However, when controls are deployed â particularly if your company has several layers of protection â they can reduce median losses significantly and possibly prevent fraud altogether.
In addition to surprise audits, these controls are associated with faster detection of schemes and at least a 50% reduction in financial losses:
- Management review,
- Routine financial statement audits,
- Availability of an anonymous fraud tipline,
- Fraud training for managers,
- A written antifraud policy, and
- Proactive data monitoring.
In 32% of fraud incidents, the most common factor is a lack of internal controls. In an additional 19% of cases, managers and others override existing controls. So controls must not only exist, they also must be rigorously followed.
How should you address risk?
If an employee commits fraud, what your company decides to do will depend on the extent of the fraud, the available evidence and many other factors. So that youâll hopefully never have to make such difficult decisions, take steps now to ensure your internal controls address your organizationâs risks. Contact us for help.
© 2024
Audit committees act as gatekeepers over the accounting and financial reporting processes, including the effectiveness of the companyâs control environment. However, as the regulatory landscape becomes increasingly complex and organizations face evolving risks, the scope of an audit committeeâs responsibilities may extend beyond traditional financial reporting.
Top-of-mind list
In March 2024, a survey entitled âAudit Committee Practices Report: Common Threads Across Audit Committeesâ was published by Deloitte and the Center for Audit Quality, an affiliate of the American Institute of Certified Public Accountants. The survey analyzed 266 responses, including many from people who served on audit committees of public companies.
Respondents identified the following five priorities over the next 12 months:
1. Cybersecurity. This was listed as a top-three concern by a majority (69%) of audit committee members surveyed. The focus on cybersecurity is, in part, caused by a new regulation from the U.S. Securities and Exchange Commission. It requires public companies to 1) report material cybersecurity incidents, 2) disclose cybersecurity risk management and strategy, and 3) explain their board and management oversight processes. Surprisingly, only 24% of respondents said their audit committees had sufficient levels of expertise in this area. So additional resources may be needed to hire external cybersecurity advisors or invest in educational programs to bridge the knowledge gap.
2. Enterprise risk management (ERM). Nearly half (48%) of respondents listed ERM as a top-three concern. This refers to the processes an organization uses to identify, monitor and assess enterprise-wide risks. Audit committees have been tasked with ERM for many years, but extra attention may be warranted as new threats emerge. Examples include pandemics, large natural and climate-related disasters, and global conflicts. Itâs important for audit committees to evaluate whether their organizationsâ ERM processes can handle new threats efficiently and effectively.Â
3. Finance and internal audit talent. More than one-third (37%) of respondents put this concern on their top-three list. Audit committees frequently work closely with in-house finance and internal audit teams. While most respondents (89%) agree or strongly agree that their internal auditors possess high-level understandings of the companiesâ operations, there may be opportunities to upskill in-house staff and use artificial intelligence (AI) to streamline routine tasks, eliminate redundancies and identify opportunities to operate more efficiently. Audit committees should oversee succession planning for finance and internal audit teams, particularly if their companiesâ CFOs are planning to soon retire.
4. Compliance with laws and regulations. More than one-third (36%) of respondents are focused on the heightened complexity of the regulatory environment. Compliance issues are especially prevalent in heavily regulated industries, such as banking, food services and aviation.
5. Finance transformation. Listed as a top-three concern by 33% of respondents, finance transformation refers to revamping the finance department to better align with the companyâs overall strategy. It may entail changes to the departmentâs operating model, staffing, processes and accounting systems. The goals are to simplify, streamline and optimize the organizationâs finance function. Audit committees can help finance teams implement transformation initiatives by understanding the human and technological resources needed. Many are considering possible AI solutions, for example, to expedite closing the books at the end of the reporting period, improve financial planning and detect impending risks.
Collaborative approach
External auditors communicate frequently with audit committees about top concerns, emerging risks, impending regulations and other matters, so they can help each other in performing their respective roles. Contact us. We design audit procedures, draft financial statement disclosures and provide guidance to help address the challenges audit committees face today.
© 2024