Accounting for Federal Contractors

76
Accounting for Federal Contractors Barbara Morgan & Melissa Tarkett | June 15, 2016 http://blogs.aronsonllc.com/fedpoint/

Transcript of Accounting for Federal Contractors

Page 1: Accounting for Federal Contractors

Accounting for Federal ContractorsBarbara Morgan & Melissa Tarkett | June 15, 2016

http://blogs.aronsonllc.com/fedpoint/

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Agenda

• Emphasis on Cost• The “FAR”• Types of Contracts• Accounting Rules for Contractors• Indirect Rate Calculation• What is an “Approved” Accounting System?• Policies & Procedures• Acquisition Methods• Contract Clauses• Special Designations• Tax Considerations

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Understanding Federal ContractingIt is all about “Cost”

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Commercial Co. Income Statement % of Rev

Sales 3,965,350Expenses:Payroll 1,000,000 25.2%Payroll Taxes 85,000 2.1%Subcontractors 1,950,000 49.2%Insurance 150,000 3.8%Office Expenses 80,000 2.0%Travel 10,000 0.3%Legal Fees 25,000 0.6%Rent 100,000 2.5%Telephone/Internet 15,000 0.4%Other expenses 154,850 3.9%

3,569,850

Net income 395,500 10.0%

Understanding Federal Contracting

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Government Contractor Income Statement % of Cost

Revenue 3,965,350

Direct Expenses:Labor 785,000 Subcontractors 1,850,000 Travel & Other Direct Costs 7,000 2,642,000

Indirect Expenses:Fringe Benefits 455,900 Overhead 127,000 General & Adminstrative 319,450 902,350

Unallowable Expenses:Interest 1,500 Miscellaneous 24,000 25,500 Total Cost 3,569,850

Net income 395,500 11.1%

Understanding Federal Contracting

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Federal Acquisition Regulations (FAR)

FAR 1.101 – PurposeFederal Acquisition Regulations System• Purpose – codify and publish uniform policies and procedures for

acquisition• Components of System– Federal Acquisition Regulations (FAR)– Agency Acquisition regulations

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Federal Acquisition Regulations (FAR)

Principles• Vision

– Deliver best products and services– On a timely basis– In the public’s interest

• Objectives– Maximize use of commercial and product services– Use contractors with a track record of success

• Past Performance• Current superior ability

– Promote competition– Minimize administrative costs– Operate with Integrity, fairness, and openness– Fulfill objectives of public policy

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Contract Types

• Fixed Price• Time & Materials• Cost Reimbursement• Indefinite Delivery/Indefinite Quantity (IDIQ)

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Fixed Price Contracts

• Used when performance risk is low• Fixed Price Variations -– Firm– no adjustment to price– Economic adjustment– used to offset cost volatility– Incentive – ultimate price determined by a formula based on• Final costs• Some performance metrics

• Contractor assumes risk of cost overruns

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Time & Material Contracts

• Not a fixed price contract • Used when Contracting Officer (CO/KO) declares that no other

contract type is acceptable• Labor hours billed @ fixed hourly rates including fee plus direct and

indirect costs• Materials are at cost• Labor hour contract – a T&M contract where the contractor delivers

no materials

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Cost Plus Contracts

• Used when performance risks are high• Variations –– Cost sharing – No fee and less than 100% of costs– Cost Plus Fixed Fee – Fee stated at contract award – Cost Plus Incentive Fee – Fee adjusted based on formula

involving actual costs– Cost Plus Award Fee – Fee adjusted by judgmental evaluation of

contractor performance• Government assumes risk of cost overruns• Requires contractor to have an approved accounting system

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Indefinite Delivery/Indefinite Quantity (IDIQ)

• Variations - – Definite quantity– Requirements– Indefinite quantity

• Used to maintain Government stock at minimum levels

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Contract Risk to Government

Fixed Price Labor Hrs T&M CPFF

ACCOUNTING REQUIRE-MENTS RISE AS RISK TO GOVT RISES

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Government’s Primary Accounting Concerns

• Being overcharged• Not being able to rely on your proposal estimates

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Specific Accounting Rules for Contractors

• Accrual accounting, Generally Accepted Accounting Principles (GAAP)

• Job Costing• Separation of Direct, Indirect and Unallowable Costs• Consistency!• Written policies and procedures• Timekeeping

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Government Contractor Accounting Concepts

• Direct – Costs to perform your contracts• Indirect – Costs to support your labor force and back office

operations• Unallowable – Costs that may not be factored into either direct or

indirect costs• Project Accounting – Tracking costs by contract or task order

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Direct Costs

• Wages• Subcontractors• Materials• Travel

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Indirect Costs - Also called “Pools”

Fringe– the costs to maintain a workforce

Overhead– the costs to support contracts, but not project specific

G&A– the residual costs to run a business

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Fringe Costs

• Typical Costs include:– Labor cost of vacation, holiday, jury duty, etc. – Health insurance, workers compensation– FICA, FUTA, SUTA– Relocation costs– 401k Match– Tuition reimbursement

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Overhead Costs

• Costs often include:– Project management time that benefits multiple contracts– Travel related to above– Operating a regional office– Training Labor time, course fees and travel costs– Recruiting labor and placement fees– Bonuses for direct employees– A proportionate amount of shared facilities costs– Cost for clearances or background checks

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G&A Costs

• Typical Costs include:– Executive Staff salaries & bonuses– Legal & Accounting fees– Business Development (labor & travel)– Proposal Costs (both labor and outside expenses)– Internal Research and Development labor– State (not federal) taxes– Proportional share of facilities or shared costs

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Unallowable Costs

Costs that may not billed to the government, or factored into the rates you charge to the government.

Costs may be deemed unallowable due to three factors:• Expressly unallowable – per FAR 31.205• Not allowable per your contract• Unreasonable

**This is not an income-tax related term.

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Unallowable Costs

• Common examples– Alcohol– Sports Tickets– Entertainment in general– Company parties/picnics– Logo items/”swag”– Travel costs in excess of published limits– Donations or gifts of any kind– Excessive bonuses or salaries

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Indirect Rates

• Get the math right!

• Do timesheets completely and assign cost to all labor hours or you will rob yourself of cost recovery.

• Be consistent in classifying costs.

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Fringe Rate

Fringe Rate

Numerator:Vacation 6000Holiday 6000Other paid leave 500Health Insurance Cost 10000FICA, FUTA, SUTA 15000

37500Denominator:Direct Labor 100000OH Labor 5000G&A Labor 12000Bid & Proposal Labor 4000

121000

Rate 31%

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Overhead Rate

Overhead Rate

Numerator:Overhead Labor 5000Fringe on OH labor 1550Employee Bonuses 1500Recruiting Costs 1800Training classes 1000Share of Faciliites costs 2200Travel 500

13550Denominator:Direct Labor 25000Fringe on Direct Labor 7750B&P Labor 4000Fringe on B&P Labor 1240

37990

Overhead Rate 36%

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G&A RateG&A Rate

Numerator:G&A/Admin Labor 12000Fringe on G&A Labor 3720Legal/Accounting fees 6000State Taxes 1000Share of Rent & Facilities cost 6000Business Development 4000Travel 500B&P Labor 4000Fringe on B&P Labor 1240OH on B&P Labor + Fringe 1729

40189

DenominatorDirect Labor 100000Fringe on Direct Labor 30992OH on Direct Labor 130991Subcontractor Costs 150000Other Direct Costs 5000

416983

G&A Rate 10%

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Wrap RateWrap Rate hourly rate Wrap rate

Hourly Cost of LaborEquals Annual Salary / 2080 50.00 1.00

Multiply by Fringe rate 15.50 0.31 Sum 65.50 1.31

Add together and multiply by OH rate 21.62 0.43 Sum 87.12 1.74

Add together and multiply by G&A Rate 8.71 0.17 This is break even hourly cost 95.83 1.92

8% desired profit 7.67 0.15 Total proposed rate 103.49 2.07

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Defense Contract Audit Agency (DCAA)

DCAA Major Areas of Emphasis• Business systems• Management policies and procedures• Accuracy and reasonableness of contractors’– Forward pricing agreement– Incurred cost submission

• Adequacy and reliability of records and accounting systems• Contractor compliance with contractual provisions such as the Cost

Principles

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What is an “approved system”

• One that has been audited and tested by DCAA (or other authorized agency).

• It is generally done before issuing you a Cost Reimbursable contract• You can not request it, the CO/KO must make the request. • It is fantastic if you pass the audit, so plan to be ready!

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What is an Accounting System?

• Includes:– Your set up and use of your software– Your written policies and procedures, which must incorporate

government contractor regulations– Your adherence to your own policies.

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Why Have Policies and Procedures?

• Clearly communicate business rules and procedures• Promote and facilitate efficient operations• Help mitigate against fraud or misappropriation• Required by an independent auditor• Part of a due diligence package• Required for government contracting

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Required & Recommended Policies

• Timekeeping• Billing Procedures• Direct vs. Indirect Costs• Composition of Indirect Costs• Travel• Unallowable Costs• Compensation and Bonus• Fixed Assets• Budgeting and Indirect Rate Management• Employee Manual

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Required & Recommended Policies

• Contract Management/Contract Briefs• Accounts Payable

If needed:• Subcontractors• Purchasing

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Policies and Procedures

• Each Policy and Procedure should explain:– Purpose• Control of costs• Compliance with regulations

– Terminology– Responsibilities– Procedures to follow to ensure compliance– Employee Training– Self audit

• Must be compliant with company policies and procedures.

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Timekeeping

• Employees enter time daily• Enter all time worked• Review and approval by supervisors or management• Process for changing timesheets• Train your employees • Treatment of overtime• Handling of violations• Self-auditing• Make sure is consistent with your employee handbook

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Government Acquisition Methods

• Simplified Acquisition• Sealed Bid• By Negotiation• Consolidated Purchasing Vehicles

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Simplified Acquisition Methods

• Purpose: promote efficiency and reduce admin costs• Purchases under $150,000• Reserved for small businesses (provided 2 or more bidders)• Must advertise purchases in excess $30,000 (www.fedbizopps.gov)• Micro purchases – less than $3,000 (70 % of Govt Purchases)– Not reserved for small businesses– Competition not required– Used with Credit Cards

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Sealed Bid

• Used for purchases that are specific, clear, and complete• Invitation For Bid (IFB) includes – Product or service description– Bid instructions– Conditions (delivery, payment, etc.)

• www.fbo.gov• Sealed bids open in a public forum and awarded to lowest

responsive offeror• Contract will be awarded as a Firm Fixed Price

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By Negotiation

• Any award other than sealed bid• Used for highly technical products and services• Usually used for acquisitions in excess of $150,000• Used for sole source and competitive awards• Trade off procedures for evaluation mean the award will not always

go to the lowest offer• Request for Proposals (RFP’s) and Request For Quotations (RFQ’s)• www.fbo.gov

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Consolidated Purchasing Vehicles

• Addresses common purchasing needs of multiple agencies• Utilized to achieve economies of scale in administrative costs of

purchasing• Negotiated by government with multiple vendors• GSA Schedules and Government Wide Acquisition Contracts (G-

WAC’s)

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Contract Clauses with Special Significance

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Contract Clauses

FAR 52.216-7 – Cost and Payments Clause• Defines costs that can be billed and frequency• Establishes the requirement to prepare an incurred cost submission• Establishes DCAA’s rights to audit costs• Provides for the Quick Close Out Procedures (FAR 42.708(a))FAR 52.232-22 – Limitations of Funds• Requires the contractor to make a written notification– 60 days in advance of reaching….– 75 % of funded contract amount

• This protects the contractor’s right to stop work at the funded value

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Contract Clauses

FAR 52.242-3 – Penalties for Unallowable Costs• Establishes Government’s right to assess and collect interest and

penalties on unallowable costs• Interest runs from the time an unallowable cost was paid.• Penalty for claiming expressly unallowable costs is one (1)x cost

costs. • Penalty for claiming any cost previously deemed unallowable is three

(3)x costsFAR 52.249-1 – Termination for Convenience (Fixed Price)FAR 52.249-6 – Termination (Cost Plus)– For Convenience– For Cause

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Special Designations

• Part of small business programs designed to promote economic growth

• Agencies set specific goals to award contracts to these categories – 8A – Economically Disadvantaged – Historically Underutilized Business Zone (HUBZone) – Service Disabled Veteran Owned Businesses – Women Owned Small Businesses

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Special Designations

Rules of the program dictate the business owner qualifying for the classification:• Must own more than 50% of the company and have full decision

making authority;• Actively manage both the overall plan and day to day activities of the

company;• Be the highest ranking officer and the most highly paid employee;• And have the experience, technical ability and managerial skills to

effectively run the business.

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Best Practices

• Establish appropriate accounting systems and environment.– Holistic approach– Timely and correct billing– Create bills directly from your system– Keep high standards for timekeeping practices– Monitor receivables, funding and billing provisions & limitations– Follow your own policies !

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Best Practices

• Budgeting– Continuous monitoring of expected vs actual results– Manage costs that you can control

• Training • Setting a good example from the top down. • Establish ownership and authority for critical tasks• Evaluate where you stand in comparison to firms of a similar size

and nature.

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Tax Considerations

• Choice of Entity• Owner-Employee Compensation• Unallowable vs. Non-Deductible• Vehicle Expenses• Tax Planning – Cash is King• Federal Research & Development Credit Eligibility• D.C. Qualified High Technology Company Credit Eligibility

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Tax Considerations – Choice of EntitySole

Proprietor-ship

Partnership C -Corporation S -Corporation Limited Liability Company

Entity Description

A sole proprietorship consists of one individual who carries on an unincorporated trade or business.

A partnership is an organization having two or more owners that functions as a trade or business.

A corporation is a business entity that carries its own legal status, separate and distinct from its owners.

A corporation can elect to be taxed as an S Corporation by filing Form 2553. Only domestic corporations with one class of stock are eligible. Additional restrictions apply.

An LLC is a liability-limiting entity formed under state law. It can be treated as a disregarded entity, partnership, or corporation for federal income tax, depending on the number of owners and certain available elections.

Taxation Net profit or loss is computed on Schedule C and is reported as income or loss on the owner’s Form 1040.

Partnership income and expenses flow through to the partners. Income is taxed to the partner whether or not distributed. Pass-through items retain their character.

A C corporation pays tax on its profits. A distribution of profits to shareholders usually results in taxable dividends (double taxation).

S Corporation income and expenses flow through to the shareholders. Income is taxed to the shareholder, whether or not distributed. Pass-through items retain their character.

Same as partnership in this chart for multi-member LLCs.

Wages & SE Tax

The owner is subject to 15.3% SE tax for 2015 on net earnings from self-employment.

A general partner’s share of business income (including guaranteed payments) is subject to SE tax. A limited partner’s share of business income is not subject to SE tax, unless they perform services for the partnership.

Shareholders who perform services for a corporation, including officers, are treated as employees (W-2). Wages are subject to payroll tax and withholding. Wages paid to employee-shareholders must be deemed reasonable.

An employee-shareholder of an S Corporation receives wages for services rendered (W-2). These wages must be deemed reasonable. Additional profits are pass through to the shareholder and are taxable for income tax purposes, but not for SE tax. Double tax avoided.

Profits are subject to income tax in the same way as a partnership. Member’s guaranteed payments are subject to SE tax. Application of SE tax to member’s share of flow-through profit or loss is more complicated than for partnerships. Material participation concepts.

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Tax Considerations – Choice of Entity (continued)

Sole Proprietor-ship Partnership C -Corporation S -Corporation Limited Liability

Company

Losses Businesses can offset their income such as interest, capital gains or wages. Subject to hobby, passive activity, and “at-risk” limitations.

Losses flow through to partners. Recognition of loss by a partner is limited by basis, at-risk, and passive activity rules.

Capital losses are allowed only to the extent of capital gains. Net operating loss of a corporation is carried back or forward against corporate income, but is not passed to shareholder.

Losses flow through to shareholders. Recognition of loss is limited by the shareholder’s basis, at risk rules, and passive activity rules.

Losses flow through to members. Recognition of loss by member is limited by the member’s basis, at-risk rules, and passive activity rules.

Advantages/ Disadvantages

Advantages:• Minimum legal

restrictions. • Easy to form.• Easy to discontinue. • No corporate

formation to conduct and document

• No additional tax return to file.

Disadvantages:• Unlimited liability• May not bring in new

owners or outside capital contributions.

• Income tax cannot be deferred by retaining profits.

• Lack of business continuity

Advantages:• A partnership

combines the skills and/or financial abilities of several people.

• Easy to establish• Terminations can

generally occur without taxation.

Disadvantages:• A partnership is

often easier to get into than out of

• General partners are liable for actions of other partners.

• Sharing profits.• Disagreements in

decision making.

Advantages:• Limited liability• Perpetual life• Ability to raise capital

through issuance of stock and stock options.

• Ease of transfer of ownership.

Disadvantages:• Double taxation• Lack of availability of

marginal tax brackets for professional corps

• Corporate charter restricts types of business activities.

• Subject to various state and federal controls

• Liquidation gains typically trigger tax.

Advantages:• Limited liability• Perpetual life• Avoids double

taxation.• Profits passed

through not subject to SE tax.

• Ability to raise capital by issuing stock.

Disadvantages:• Shareholders pay

tax on undistributed earnings.

• Ownership limitations.

• Retirement contribution limits

Advantages:• Avoids certain S

Corporation restrictions• Avoids double taxation.• Disproportionate

distributions and allocations of income are possible.

Disadvantages:• Inconsistent treatment

state to state• Must have at least two

owners to be taxed as a partnership

• Members pay tax on undistributed earnings.

• Disagreements in decision making.

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Tax Considerations – Owner-Employee Compensation

• S or C Corporation:– Compensation must be reasonable. – Wages paid through W-2, subject to withholding.

• Partnership or LLC:– Guaranteed payment, no withholding.

• Distributions vs. Compensation– IRS– Basis– Rates

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Tax Considerations – Unallowable vs Non-Deductible

• Fully Deductible – Must meet Ordinary and Necessary Rules– Company parties / picnics– Logo items / swag– Travel costs in excess of published limits– Charitable contributions. Subject to income limitations– Professional society dues

• 50% Deductible:– Meals & Entertainment, includes alcohol

• Partially Deductible:– Gifts ($25/person/year)– Sports tickets (limited to face value)– Skybox / Other luxury box (limited to face value of non-luxury seat)

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Tax Considerations – Unallowable vs Non-Deductible

• Non-Deductible:– Penalties paid to governmental agencies– Keyman life insurance premiums– Lavish or extravagant expenses– Club dues and membership fees for any club organized for business,

pleasure, recreation, or other social purpose. – Political contributions– Lobbying expenses

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Tax Considerations – Vehicle Expenses

• If a partnership provides a partner with a company car, the value of the partner’s personal use is a taxable fringe benefit, includible in partner’s guaranteed payments.

• For fringe benefit purposes, an S-corporation is treated as a partnership and greater than 2% shareholders are treated as partners rather than employees. Auto benefits included in taxable income.

• Any depreciation disallowed because of these annual limitations is allowed in years past the end of the usual depreciation schedule, though subject to the limitation above.

• Eligible for bonus deprecation – an additional $8,000 first year deduction.

Recovery Year Passenger Autos Trucks and VansFirst Year $3,160 $3,460

Second Year $5,100 $5,600

Third Year $3,050 $3,350

Each Succeeding Year $1,875 $1,975

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Tax Considerations – Research & Development

• Research & Development Eligible for Credits (§41):– In order to be considered “Qualified Research”, must be able to prove

that the research activity meets all four tests:– §174 Test

• Incurred in connection with the taxpayer’s Trade or Business• “Experimental or Laboratory”

– Technological Information Test– Business Component Test– Process of Experimentation Test

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Tax Considerations – Qualified High Technology Company

• A Qualified High Technology Company (QHTC) is one which: – Is an individual or entity organized for profit;– Maintains an office, headquarters, or base of operations in DC; – Has two (2) or more employees working in DC;– Derives at least 51% of its gross revenue from one or more “permitted”

activities (DC Code Sec 47-1817.1(5)(A)(iii);– Does not derive 51% or more of its gross revenue from operating a

retail store or electronic equipment facility in DC;– Is registered with the DC Government as a business in DC; and– Is current in all DC Government filing requirements and payment

obligations.

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About Aronson LLC

Aronson LLC provides a comprehensive platform of assurance, tax, and consulting solutions to today’s most active industry sectors and successful individuals. For more than 50 years, we have purposefully expanded our service offerings and deepened our industry specialties to better serve the needs of our clients, people, and community. From startup to exit, we help our clients maximize opportunity, minimize risk, and unlock their full potential.

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About Aronson LLC

• Thinking ahead for clients for more than 50 years• 250+ professionals located in Rockville, MD• 80+ professionals dedicated to supporting government contractors • Aronson helps clients rethink the way they approach their business

through innovative, industry-specific services and advice:– Audit, Assurance and Tax– Systems and Outsourcing– Financial and Contract Compliance– GSA Schedules

• www.aronsonllc.com/blogs/fedpoint/ – News and trends and insight for today’s savvy government contractor

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Awards / Accolades / Affiliations

The Gazette of Politics & Business Exceptional 53 Business Award In 2012, Aronson received the PB53 award for the third year in a row. The program acknowledges the top businesses and organizations in Maryland based on criteria that includes the company’s annual revenue, employee growth, noteworthy product or service innovations, community service efforts and more.

Accounting Today Top Firm In 2013, Aronson was once again named to Accounting Today’s list of the top 100 firms in the country. Accounting Today is a leading provider of online business news for the tax and accounting community.

Washington Business Journal Top 25 Aronson is ranked #12 on the Washington Business Journal’s Top 25 Accounting Firms in the DC Metropolitan area.

INSIDE Public Accounting Top 100 Once again, Aronson has earned a spot in the top 100 of this prestigious list, released by INSIDE Public Accounting. This is the longest running, most comprehensive and accurate independent analysis focusing on management and operations of America’s large local, regional and national firms.

Washington Business Journal Best Places to Work Aronson has been recognized five times as one of the Metro area’s “Best Places to Work.” The award recognizes a company’s achievements in creating a positive work environment that attracts and retains employees through a combination of employee satisfaction, working conditions and company culture.

Montgomery County Chamber Corporate Social Responsibility AwardIn 2010, Aronson was honored to receive the MCCC’s Corporate Social Responsibility Award based on the depth and breadth of the company’s energetic commitment to support young people, in the areas of education, housing and health.

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Barbara Morgan is a partner of the systems outsourcing practice of Aronson's Government Contract Services Group. She has over 25 years of experience in both public and private accounting.

Barbara is responsible for integrating new outsourcing clients and implementing their accounting software systems. Her combined expertise in generally accepted accounting principles, technical software capabilities, and the government contracting industry gives her a unique perspective and a level of knowledge that is unparalleled. As an industry expert, Barbara also provides consulting services to help government contractors better understand the accounting matters affecting this complicated industry.

Prior to joining Aronson LLC, she was controller and principal accounting officer for a publicly traded company in the technology services industry.In addition to conducting seminars and training classes, she is an author for the Aronson FedPoint blog, a member of the Montgomery Chamber of Commerce GovCon Council and a frequent volunteer business coach for emerging government contractors.

Partner, Government Contract Services Group

301.231.6238

[email protected]

Barbara W. Morgan, CPA

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Melissa A. Tarkett, CPA serves as a manager in the tax practice of Aronson’s Tax Services Group, where she specializes in the complex compliance, consulting and advisory needs of technology and government contracting companies and their entrepreneurial owners. From inception to liquidity, Melissa provides a client-centric partnership approach to understand the needs and goals of her clients in the ever-evolving fields. Forging deep relationships with her clients, Melissa ensures that they stay ahead of ever changing legislation, enabling them to seize opportunities and minimize risk.

Melissa has deep expertise in a wide range of tax disciplines, including multi-tiered ownership, consolidations, multi-state and international income, and franchise tax compliance for C-corporations, S-corporations, LLCs and partnerships. She provides tax compliance and consulting services to her investor and investee clients related to mergers and acquisitions, due diligence, organization structuring, methods changes, and tax audits and controversies.

Melissa is active in the community and serves on the board for a local non-profit organization, Hearts & Homes for Youth. She received her bachelor’s degree in business administration from Towson University, is an active member of the AICPA and MACPA, and is currently a Master’s of Taxation candidate at American University.

Manager, Technology Industry Services Group

240.364.2642

[email protected]

Melissa A. Tarkett

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301.231.6238

Contact Barbara Morgan / Aronson LLC

[email protected]

https://www.linkedin.com/in/barbara-morgan-cpa-1b64a215

https://twitter.com/Aronsonllc

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240.364.2642

Contact Melissa Tarkett / Aronson LLC

[email protected]

https://www.linkedin.com/in/melissaatarkettcpa

https://twitter.com/MelissaTarkett