Category Archives: Legal / Accounting

By Susan Elise Campbell

Accounting firms country-wide are having as much trouble as other businesses finding enough people to hire, according to Paul Dowen, CPA, a principal of Whittemore, Dowen & Ricciardelli, LLP. WDR is headquartered in Queensbury and provides accounting, advisory and tax services primarily for small businesses.

“Even the IRS can’t find enough people to help resolve tax issues,” said Dowen. “You can rarely get someone to answer the telephone.”

One reason for the shortage of qualified accountants may be the five years or 150 credit hours it takes to earn the degree.

“College students weighing their options wonder if they really want to take on an extra year of schooling and the extra debt,” he said.

For the last three years, the Covid years, Dowen and his associates have had to turn down income tax preparation for individuals, referring them and some smaller businesses who were not already clients “to the big box companies.”

“We’ve had to be selective, which we never had to do before,” he said. “We would be forced to raise our fees to price out those smaller returns, even though we would like to help them out.”

The client base at WDR is primarily businesses ranging from $250,000 to $2.5 million in gross receipts. Dowen said his firm wants to know each client well, “not just crank out tax returns.”

“It comes down to the relationship,” he said. “I want to know who you are, what are your life goals. Do you want to get ready to retire, sell your business or turn it over to family members?” 

By Christine E. Taylor, Esq.

As of January 1, 2024, businesses across the United States are now burdened with an additional filing obligation due to the implementation of the Corporate Transparency Act (CTA). This legislation mandates that businesses not subject to an exemption must file a Beneficial Ownership Information Report (BOIR) with the U.S. Department of Treasury’s Financial Crimes Enforcement Network (FinCEN). 

     Understanding the Reporting Timeline; 

For businesses in existence before January 1, 2024, the clock is ticking as they must file their BOIR by January 1, 2025. Meanwhile, new entities created or registered in 2024 or later only have a 90-day window to submit the report to FinCEN. Businesses should not wait; there is an urgent need for businesses to familiarize themselves with the requirements imposed by the CTA and act promptly to ensure compliance.

       Applicability For Business Entities

The CTA casts its regulatory net wide, applying to both limited liability companies and corporations throughout the U.S. Regardless of size or industry, companies falling within these categories are obligated to adhere to the reporting requirements set forth by the legislation. The CTA provides 23 exemptions from reporting requirements. Companies meeting any of these exemptions are relieved from the obligation to submit a BOIR to the CTA, offering a degree of flexibility within the regulatory framework. Exempt entities include investment companies, banks, insurance companies, tax-exempt entities, large operating companies, and more. Large operating companies are classified based on three criteria: having over 20 full-time employees in the United States, maintaining a physical office in the U.S., and filing a federal income tax return or information return in the U.S. for the preceding year, showcasing gross receipts or sales exceeding $5 million, excluding those from sources outside the United States. 

For a full list of the exemptions, please visit: https://www.fincen.gov/boi/small-entity-compliance-guide

By Christine Graf

Of the approximately 675,000 CPA’s in the United States, less than one percent are certified to practice as forensic accountants. In addition to investigating financial crimes, forensic accountants work with companies to develop internal controls intended to prevent and detect these types of crimes. 

While many business owners believe that it is the job of internal or external auditors to detect financial crimes, that is not the case. The job of an auditor is to ensure that a company is adhering to generally accepted accounting principles (GAAP), the default accounting standard used by companies based in the United States. 

The savings and loan scandal of the 1980s and 1990s was a driving force behind the creation of the field of forensic accounting, but it was Internal Revenue Service CPA Frank Wilson who is considered the father of forensic accounting. In 1930, after reviewing more than two million documents, Wilson found evidence that notorious mobster Al Capone has committed tax fraud. The following year, after being found guilty, Capone was sentenced to 11 years in prison.

During the past decade, the field has evolved, with firms specializing in forensic accounting opening their doors throughout the country. One of these firms, FAZ Forensics, is located at 268 Broadway in Saratoga Springs.

“We specialize in forensic accounting and valuation work mostly in a litigation environment,” said partner Stephen Ferraro. “We’ve all done traditional accounting and tax work, but now we focus 100 percent in this area.”

FAZ Forensics was founded seven years ago after two CPA firms that had merged decided to split. 

“When that happened, our forensic group went independent,” he said. “At the time, there were six of us who spun off and started FAZ, and we currently have 16 people.”

By Jennifer Farnsworth

Part of owning a small business is having a good understanding of the laws that effect it over time. In recent years, understanding codes and protocols is more important than ever. 

Law firms and human resource consulting agencies can be important resources to help small business owners. They can even ultimately protect their livelihood.

Martin A. Miranda, senior counsel at Tully Rinckey PLLC, said his firm has seen an increase in cybersecurity concerns, as well as pandemic-related issues faced by small businesses.

“Due to the pandemic small businesses have relied more on their online business platforms.  As more employees work from home, there has also been a significant increase in cyber attacks aimed at small businesses,” he said. 

“Hackers may find small businesses particularly vulnerable for lacking adequate technology infrastructure and data security expertise.”

Miranda said to compound problems, networks outside of the workplace may not possess sufficient security measures to prevent cyber attacks, which have become increasingly more sophisticated and targeted.  

Common methods of cyber attacks include phishing schemes, social engineering, malware, ransomware and password hacking,  said Miranda.

He has also seen an increase in small businesses reaching out on how to best follow COVID protocols, a completely new area for small business owners to have to navigate.

“I receive many questions regarding how small businesses can maintain a safe work environment for their employees as COVID protocols evolve in response to the multiple variants. Implementing these protocols can be burdensome for a small business and enforcing the protocols can often lead to differences of opinion among employees,” said Miranda.

BY RYAN MCCALL ESQ.

Cryptocurrency has become one of the newest and most prevalent investments of the last two years. As a result, the courts are now faced with the prospect of having to evaluate and distribute cryptocurrency as a marital asset during a divorce proceeding.  

What makes this new and innovative technology so complex is figuring out how much each cryptocurrency is worth.

Assuming a spouse is using a U.S.-based exchange, determining the value of an individual cryptocurrency is relatively simple. All that is needed is a subpoena duces tecum to that institution to obtain the necessary documents. Under these pretenses, the subpoenaing attorney would receive statements detailing how many funds were listed with that exchange and the assets could be easily valued as of any given date just as if dealing with stocks and investment assets.

However, what has become increasingly difficult is the rise of popular international cryptocurrency exchanges. Many of these exchanges are unregulated and will not comply with United States federal regulations. Courts should not be deterred by this in establishing a value for cryptocurrency as a marital asset.

In theory, certain cryptocurrencies—with the most popular one being Bitcoin—utilize blockchain technology, with each individual Bitcoin having a different identification number than the next. Blockchain technology has a continuous ledger of ongoing transactions that are performed and tracked. 

With that being said, there are numerous ways savvy investors can attempt to hide their funds. The most popular way for someone to do this is through a “tumbler” which can issue a separate Bitcoin or fraction of a Bitcoin from the one currently in your possession. This creates a very difficult scenario for lawyers who would be faced with the task of attempting to track down these funds.

What is beginning to take place in the court system is identifying the value of a cryptocurrency based on funds that were withdrawn from an account. 

By David A. Kubikian, Esq.

The word “succession” has become a larger part of our lexicon because HBO a few years back created an immensely watchable show about the cut-throat world of a family owned media company where hundreds of millions of dollars are at stake depending on who gets to take over when Dad leaves (or dies).  

Entertaining? Yes.  Realistic?  Maybe.  A learning moment? Definitely.  

Succession is defined as being “the action or process of inheriting a title, position, property, etc.”  Every business, regardless of size, will deal with a succession event if it is in business long enough. While family in-fighting on private jets may be reserved for the Roy family on TV Sunday evenings, the planning as to the who, when, and how your business transitions from one generation to the next (or not at all) is something that should take shape long before an actual transition happens.   

To illustrate this point, consider a few common issues that come up:

1. The Estate Planning Angle. An all too typical scenario, the business, started by one generation has a younger generation heavily involved.  One child seems to have the chops to continue to run the business once “Dad” hands over the reins (that is IF he ever hands over the reins).  Another child is involved but not as much.  

A third child has no interest in the business and in fact lives out of town. Dad’s estate plan is to treat all of his kids the same.  That is, his last will and testament or his living trust state that all assets held by the trust or governed by the will pass evenly to his “issue.”  

Capital CFO, LLC, a regional provider of bookkeeping, consulting and CFO services to businesses and nonprofit companies, has launched its Professional Development division.

With an eye toward providing increasingly comprehensive business management solutions, Capital CFO Professional Development Division launched in January with online courses, workshops and webinars for business and nonprofit professionals. The complete curriculum will roll out over the course of 2022.

Sabrina Houser, Capital CFO president, saw the need for a cost-effective way for small businesses and nonprofits to invest in their employees. 

“Providing employees with professional development opportunities is a smart investment that increases retention, builds confidence and credibility, and improves succession planning. Ongoing professional development can also re-energize staff and improve efficiency. It’s a win-win,” she said.

The addition of Professional Development extends the breadth of Capital CFO business management solutions to include webinars, workshops and online courses addressing topics that include strategic planning, finance, and nonprofit management. 

“The most successful people (and companies) are always learning and growing by keeping up to date on their industry and area of expertise with an eye toward continuous improvement,” says Liz Chipman, M.Ed., director of education and employment. “We want to be able to help forward thinking companies and professionals do that in a way that is both cost effective and efficient.”