Blog – Powell CPA PLLC

Navigating Worker Classification: The Critical Difference Between Employees and Independent Contractors

Running a small business often means working with a mix of people: some full-time staff, part-time helpers, seasonal workers or project-based contractors. While this flexibility helps manage costs and workload, it creates a crucial decision point that many business owners underestimate: properly classifying each worker.

The stakes couldn’t be higher. Companies like FedEx have paid nearly half a billion dollars for getting this wrong, and even tech giants like Microsoft and Lyft have faced costly legal battles over worker misclassification.

Why Classification Matters More Than You Think

The difference between an employee and an independent contractor goes far beyond semantics; it fundamentally changes your legal and financial obligations.

When someone is your employee, you must:

Withhold income taxes, Social Security, and Medicare taxes
Pay the employer portion of Social Security and Medicare taxes
Potentially provide benefits like health insurance and retirement plans
Consider offering stock options or other incentive programs
Pay severance or unemployment compensation when appropriate
Comply with wage and overtime requirements

When someone is an independent contractor, you:

Simply pay them for their work
Issue a 1099-NEC form at year-end
Have no tax withholding obligations
Owe no employment benefits
Face no severance obligations

The Control Test: Your North Star for Classification

The Internal Revenue Service uses one primary principle: control. The more control you exercise over how, when, and where work gets done, the more likely that person is your employee.

here.

The IRS Three-Factor Framework

Rather than getting lost in complicated checklists, focus on these three core areas:

1. Behavioral Control – Do you dictate not just what work gets done, but how it’s performed? Employees typically receive training, follow company procedures, and work within established systems. Contractors bring their own methods and expertise.

2. Financial Control – Who controls the business aspects of the work? Independent contractors typically:

Invest in their own tools and equipment
Handle their own business expenses
Have multiple clients or income sources
Set their own rates and payment terms

3. Relationship Type – What does your working relationship look like? Employee relationships typically feature:

Written employment contracts
Ongoing work arrangements
Benefits packages
Work that’s central to your business operations

Beyond Taxes: The Broader Impact

Worker classification affects more than your tax bill. The Department of Labor’s 2024 updates to the Fair Labor Standards Act mean misclassification can trigger wage and overtime violations. State labor departments are also cracking down, with some states presuming workers are employees unless proven otherwise.

When Things Go Wrong: Your Options

If you realize you’ve made a mistake, don’t panic. You have several paths forward:

Get an Official Determination: File Form SS-8 with the IRS for an official ruling on a worker’s status. While it takes at least six months, you’ll have certainty going forward.
Claim Safe Harbor Protection: If you had a reasonable basis for your classification and treated similar workers consistently, you may qualify for tax relief under Section 530.
Use the Voluntary Settlement Program: The IRS Voluntary Classification Settlement Program lets you reclassify workers prospectively while receiving some tax relief.

The Bottom Line

Worker classification isn’t just an administrative detail – it’s a fundamental business decision with major financial implications. When in doubt, err on the side of caution or consult with employment law and tax professionals.

The cost of getting expert advice upfront is minimal compared to the potential cost of getting it wrong.

Examining Differences Between Liquidity And Solvency

Liquidity looks at how well a company can handle paying wages, inventory, and lending repayments via measuring its cash or quasi-cash levels. Put another way, it looks at the health of a company’s cash flow to satisfy short-term financial obligations.

It’s important to be mindful of different sectors and what’s normal or healthy based on the time of year. For example, retail and manufacturing feature functionally focused companies, which means seasonality impacts their dynamic working capital requirements.

1. Current Ratio

The current ratio looks at the ratio of current assets divided by current liabilities. It measures how well a company is projected to pay its present obligations. If the result is 1.0 to 3.0, it’s considered financially well. However, if it’s higher than 3.0, suboptimal asset utilization may be incurred by the company, with a lower than industry average suggesting financial concern. It’s calculated as follows:

Current Ratio = Current Assets/Current Liabilities

The resulting current ratio can signal many things. For a growing current ratio, debt could be growing or cash levels falling. When the current ratio is falling, but not too low, and it’s a smooth downward trend, it can indicate the company is getting more efficient at moving inventory, collecting invoices, and reducing debt levels.

2. Quick Ratio or Acid Test

This is determined by taking the current assets and deducting inventory from them. Once that’s calculated, that number is divided by current liabilities. By looking at the business’ on-demand liquid assets without factoring in inventory, it’s calculated as follows:

Quick Ratio or Acid Test = (Current Assets – Inventory)/Current Liabilities

Resulting calculations above or equal to 1.0 show a company’s stable short-term fiscal health. It’s important to be mindful that a very high result can indicate there’s idle cash that’s not being reinvested, distributed to shareholders, or otherwise put to better use.

Defining Solvency

Solvency refers to the ability of a business’ complete assets to satisfy its complete long-term financial obligations and loan repayments. It’s especially helpful when the business is analyzed internally or externally to determine if the business can survive and thrive during challenging economic times (industry-specific or macro challenges). It helps determine the company’s creditworthiness, whether it’s a good bet for an investment, and/or the risk for companies to take on additional debt. It looks at not only the debt on the company’s financial statements, but also how it relates to equity, tangible assets, and EBITDA.

Debt to Equity

This measures how a company relies on debt versus its equity. It’s used when comparing one company against its industry competitors and how the company’s own ratio has trended over time. Looking at companies within the same industry, companies with a higher ratio indicate a riskier financial situation. Similarly, a ratio that’s too low can indicate a business not using debt to expand its operations effectively.

While liquidity and solvency are different, they are complementary for both owners and managers, along with external parties such as investors analyzing for the next potential investment.

Job Shopping: What’s New in Company Benefits

If you are in the market for a new job or are interested in extracting more value from your current one, consider some of the newer trends in company benefits. The following is a primer on what might be available to help supplement your income with your current employer or benefits to look for when considering a position with a new company.

The standard employee benefit package usually includes insurance (healthcare, dental, disability, life), retirement plans, and paid time off. In addition, federally mandated employee benefits include unemployment insurance, workers’ compensation, and family and medical leave, plus employers are required to deduct and submit Federal Insurance Contributions Act (FICA) taxes to fund the Social Security and Medicare programs.

However, some companies also offer an array of free and/or voluntary benefits (which you can purchase via payroll deductions). Many employers offer discounted “group rates” on items people normally buy anyway, or perhaps wouldn’t otherwise consider due to the extra expense. It’s smart to review the full breadth of benefit options during open enrollment to see what types of benefits you could use and how they can save you money.

Employee Assistance Program (EAP)

Most EAPs offer a plethora of benefits you can and should use right now, and the plan is generally paid for by the employer. These programs connect employees to specialists who offer free or discounted services. For example:

Legal advice and services (making it a good time to get your will and estate plan in order, or seek consultation if you’re considering a divorce or suing your neighbor)
Financial advisors who specialize in areas such as investment management, taxes, budget and debt management, bankruptcy, and other financial concerns
Identity theft insurance coverage and services
Mental health counselors and therapists
Dependent caregiving resources (for children, disabled, or elderly family members)
Employee discounts on common household goods and services, such as electronics, cell phone/internet services, office supplies, restaurants, gyms, yoga studios, salons, entertainment venues, access to exclusive deals and discounts on products, service,s and experiences like theme parks, hotel,s and entertainment

Voluntary Benefits

Even if your company does not offer an EAP, it may offer the opportunity to buy some of those benefits at lower group-rated prices. For example:

Vision plans
Dental plans
Supplementary life insurance
Supplementary disability insurance
Pet insurance or a discount plan
Travel insurance
Auto insurance
Homeowner’s insurance
Identity Theft insurance
Critical Illness insurance
Hospital Indemnity Insurance
Long Term Care insurance

Financial Wellness

Given recent high inflation and market volatility, many workers are understandably worried about making ends meet and saving for the future. That is why many employers have introduced multifaceted financial wellness programs. Unfortunately, some employees are reluctant to use these benefits because they don’t want their employer to know anything about their financial situation. However, these benefits are outsourced to third-party professionals who are emboldened by confidentiality laws that do not allow them to release personal information to your employer.

Some common financial wellness benefits include free access to counselors on topics like creating and following a budget, paying down and avoiding debt, saving for short and long-term goals, and making investment decisions. Some programs offer educational opportunities, such as college and retirement planning seminars. There are also some newer, non-traditional benefits designed to help cash-strapped workers make ends meet, like diverting (and sometimes matching) paycheck income to an emergency fund, and enabling faster access to pay through an on-demand system in which employees can request pay for hours worked in lieu of waiting until the end of the pay period.

Housing Assistance

Considering the huge jump in home prices over the last few years, some employers have implemented benefits to help fund a down payment, facilitate access to low-interest rate mortgage loans, and offer group rates for home warranty and homeowner insurance policies.

Family Planning Benefits

If you’re considering using fertility programs to help you have children, be aware that this can be very expensive. That’s why many larger employers offer monetary assistance to help offset some of the expense of intrauterine insemination (IUI), in vitro fertilization (IVF), gestational surrogacy, and egg freezing.

Portability

While company benefits can be valuable while you work for that employer, be wary of paying into policies that end when you leave your job. Some volunteer benefits are portable, meaning you can keep them when you leave. However, you may lose your employer discount rate and wind up paying a higher premium for the same policy.

Bear in mind that one of the key questions to ask before enrolling in new benefits is whether the policy is transferable should you leave the company. Be sure to read the policy information and talk to HR or the policy’s insurance broker to understand the portability and group rate conditions. If it’s a benefit you can use right away (e.g., gym membership, even pet insurance), it might be worth buying. But if it’s a benefit you may not use for years down the road, AND you lose the benefit (or group premium) when you leave, you may be better off buying a similar plan on the individual market.

6 Reasons for Mid-Year Tax Planning

Right smack dab in the middle of summer might seem like the worst time to think about your taxes, but it’s actually the perfect time. Here’s what taking a pause in July allows you to do.

Get Organized

Do you have all your receipts? Are your records up to date? Did you move, get married, or change your name? If so, you’ll need to notify the IRS. In fact, you can create an individual IRS online account to look at your tax records, manage communication preferences, make payments, and more.

Take a Financial Snapshot

When was the last time you looked at your checking, savings or investments to see if you’re where you want to be? If you take the time now, you can start with January and analyze the big picture. You can see if you’re happy with the growth of your investments and discover where you can make adjustments. Taking time to do this now will pay off in the long run.

Examine Your Paycheck

Tax Withholding Estimator that can help you figure out your income tax, credits, adjustments, and more. If you need to change anything, the Estimator will show you how to update your withholding with your employer or direct you to where you can submit a new W-4. Taking time to review could help you avoid an unwanted large tax bill and/or penalty come tax season.

Double-Check Deductions and Credits

Are you maximizing these? Early planning allows you to identify and leverage available deductions and credits, reducing your taxable income and potentially increasing your tax refund.

Increase Your 401K Contribution

Are you happy with your contribution? Can you increase it and still make ends meet? When you contribute more from each paycheck, you’ll decrease your taxable income for the year. Since employers usually have matching programs, it’s a great way to get free money and build your nest egg. Make sure you’re in it if your company offers this.

Convert a Traditional IRA to a Roth IRA

If you think you’ll be in a higher tax bracket when you’re in retirement, converting a traditional IRA into a Roth IRA is one way to reduce your tax payments in the long run. Here’s how it works. The money you contribute to a Roth IRA is taxed the moment you contribute, unlike a traditional IRA, which is taxed at the moment of withdrawal. When you convert to a Roth IRA, you’ll be paying taxes at your current rate instead of the (probably) higher tax rate in the future. Translated: You’ll pay taxes up front, which might be a big savings. Finally, Roth IRAs are not subject to the same Required Minimum Distributions as traditional IRAs are. That means more freedom when you want it most – when you retire.

Getting a handle on your finances by being proactive now gives you a great opportunity to take a breath, assess, and change direction if you need to. If anything, it will help prevent stress and scrambling in tax season. It’s safe to say that nobody wants that.

Sources

https://fsa1.com/why-its-smart-to-start-tax-planning-in-july/

Mid-Year Tax Checkup

Addressing the Digital Divide within the Workforce

The rapid pace of technological change, particularly the integration of artificial intelligence (AI) in daily workflows, is reshaping the global economy and the nature of work. Today’s digital divide is no longer limited to internet access in underserved communities. The divide has now become a business risk impacting productivity, inclusion, and competitiveness.

What is the Workforce Digital Divide?

The digital divide refers to disparities mainly in access to technology and digital skills. The groups affected by this divide include older people, frontline employees, lower-income staff,f and people in rural or underserved urban areas.

In the workforce context, the digital divide includes a lack of proficiency with essential software, collaborative tools, data analysis, cybersecurity awareness, and other emerging technologies. This means it is no longer sufficient to just provide access to technology. Employees must be equipped with advanced knowledge, skills, and experience that will help leverage technology for more complex tasks.

In most cases, older employees are assumed to require training, but it is crucial to recognize that younger generations, although perceived to be digital natives, may lack specific professional digital skills.

World Economic Forum, there are three skill sets that have become critical: carbon intelligence, virtual intelligence, and artificial intelligence. This also aligns with the high adoption of technologies such as big data, cloud computing, and AI, creating the demand for these new skills.

The digital skills gap is said to cost businesses $1.4 million per week in losses and 44 wasted working days per year as employees struggle with technology-related challenges.

Cost of Digital Skill Gap to Enterprises

While technology is often seen as an equalizer, it can deepen existing gaps if poorly implemented. Lack of digital skills leads to:

Reduced productivity – workers who don’t have the digital skills take longer to complete tasks or avoid using the available technology tools.
Increased support costs – there are more help desk requests, longer onboarding periods, and fragmented communication workflows that create hidden costs.
Barriers to innovation – employees who don’t know how to use digital tools are less likely to suggest improvements or test new solutions.
Retention and equity risks – employees who don’t have the necessary digital skills feel disengaged, leading to turnover or missed promotion opportunities.
Reputation and customer experience – inconsistent internal digital experiences will often mirror the customer experience.

Main Causes of the Digital Divide

The main causes of the digital divide include:

Legacy systems – Businesses that still operate outdated technologies and manual processes. This slows down operations and also limits employees’ ability to develop the latest digital skills.
Training gaps – Digital education often focuses on corporate or technical teams. This leaves out the frontline and support staff.
Rapid tech evolution – New tools are rolled out faster than employees can adapt, creating friction and frustration.
Socioeconomic and educational gaps – Not all employees start from the same digital baseline, and this may be a problem if it goes unaddressed.

Although businesses don’t intentionally create this divide, failing to address it puts performance at risk.

How to Bridge the Digital Divide Gap

Employers must take proactive steps to close this divide by:

Prioritizing digital skills as a core competence – empowering the workforce with digital skills boosts confidence and adaptability. All employees, from the frontline staff to mid-level managers, should go through ongoing digital upskilling.
Ensuring equal access to tools and connectivity – all employees, regardless of their role or location, should have access to the necessary tools and bandwidth to do their jobs effectively.
Redefine hiring and promotions – hiring tech-ready employees only can promote inequality. However, a business can include digital skills training in the onboarding process. Promotion criteria should also be reviewed to ensure tech-savvy employees are not being intentionally favored.
Build partnerships and collaborations – partnering with technology providers who offer training resources and user-friendly tools is a great way to support employee upskilling. Organizations may also seek partnerships with government or non-profit initiatives that offer public programs for digital literacy.
Build a culture where digital growth is normal – digital transformation is also about creating a culture that encourages continuous learning and embraces change.

Conclusion

The digital divide has become a core business challenge. As technology evolves, companies must move beyond access alone and invest in digital skills, inclusive training, and a culture of continuous learning. Bridging this gap is essential for boosting productivity, retaining talent, and staying competitive in a digitally driven economy.

Preventing AI Deepfakes, Deterring Fentanyl and Foreign Aggression, and Strengthening Small Businesses

HALT Fentanyl Act (S 331) – On Jan. 30, Sen. Bill Cassidy (R-LA) introduced this bipartisan act in order to close a loophole that allowed clandestine drug manufacturers to evade illegal drug laws by altering the chemical composition of fentanyl. The legislation permanently classifies all versions of fentanyl as a Schedule I substance, much like heroin and LSD. The bill passed in the Senate on March 14 and in the House on June 12. It currently awaits the president’s signature for enactment.

TAKE IT DOWN Act (S 146) – This legislation was signed into law on May 19. Introduced by Sen. Ted Cruz (R-TX) on Jan. 16, the bipartisan bill authorizes the internet removal of visual depictions, generated by AI, of intimate acts of identifiable people without their consent.

No Tax on Tips Act (S 129) – Introduced by Sen. Ted Cruz (R-TX) on Jan. 16, this is a stand-alone bill that features the popular provision to provide a $25,000 deduction to non-itemized tax filers who work in common industries where cash tips represent a portion of their income. Note that Social Security and Medicare taxes (FICA) would still be deducted from those tips. The bill passed in the Senate on May 20 and currently lies in the House, where it conflicts with the current House-passed budget reconciliation bill being debated in the Senate.

Rescissions Act of 2025 (HR 4) – This bill would give Congressional consent to rescind previously approved funding for various government agencies and programs, in alignment with the president’s agenda, including USAID and the Public Broadcasting System (PBS). The bill was introduced on June 6 by Rep. Steve Scalise (R-LA), passed in the House on June 12, and currently lies with the Senate.

Connecting Small Businesses with Career and Technical Education Graduates Act of 2025 (HR 1672) – This act is designed to amend the Small Business Act to require that information relating to graduates of career and technical education programs be relayed to small business and women’s business development centers. The goal is to enable hiring of more graduates of career and technical education programs by small businesses. Introduced on Feb. 26 by Rep. Roger Williams (R-TX), this bill passed in the House on June 3 and is under consideration in the Senate.

CEASE Act of 2025 (H 2987) – Introduced on April 24 by Rep. Robert Bresnahan (R-PA), this legislation would limit (to 16) the number of for-profit small business lending companies (SBLCs) that can offer small business loans without further Congressional approval. America’s Credit Unions support the act because they say the SBA has in the past expanded the SBLC license pool without “sufficient guardrails” to regulate fintech lenders, which have been disproportionately associated with fraudulent loans. The bill passed in the House on June 5 and is now in the Senate.

7(a) Loan Agent Oversight Act (HR 1804) – This bill requires the SBA’s Office of Credit Risk Management to provide Congress with an annual report on SBA 7(a) loans generated through loan agent activity. Specifically, the report would collect and analyze the necessary data to ensure oversight for fraudulent loans, default rates, and risk analysis of SBLC loan agents. The bill was introduced by Rep. Tim Moore (R-NC) on March 3 and passed in the House on June 3. It now lies with the Senate.

American Entrepreneurs First Act of 2025 (HR 2966) – On June 6, the House passed this bill, designed to require SBA loan applicants to provide citizenship status documentation. It was introduced by Rep. Beth Van Duyne (R-TX) on April 17 and is currently under consideration in the Senate.

DETERRENCE Act (S 1136) – Introduced by Sen. Margaret Hassan (D-NH) on March 26, this bipartisan bill would step up criminal penalties for federal crimes funded, conducted, or perpetrated in concert with foreign governments. The acronym stands for “Deterring External Threats and Ensuring Robust Responses to Egregious and Nefarious Criminal Endeavors,” and includes crimes such as murder, kidnapping, or threatening violence against certain present and former federal officials or their families. The act passed in the Senate on June 10 and is under consideration in the House.

Dissecting Working Capital

Working capital is the difference between a business’ current assets and liabilities. Negative working capital can happen when a business’ current assets are below its current liabilities. Therefore, working Capital = Accounts Receivable + Inventory – Accounts Payable. It’s a way to measure a company’s ability to meet short-term liabilities, such as managing inventory, satisfying vendor bills, etc., and how well its longer-term investments are implemented.

When a business has a surplus of current assets against its current liabilities, it’s said to have positive working capital. Generally speaking, when it’s positive, the business is able to service liabilities over the next 12 months, putting it in a good financial position. However, it’s important to understand how positive working capital is comprised. If a business has a sizeable outstanding accounts receivable account or has too much inventory, the company’s resources are not utilized efficiently. With money tied up in such areas and not financed by short-term liabilities, but with long-term capital, the long-term capital can’t be used for long-term investments.

When working capital is either even or negative, it’s a way to gauge how (in)efficiently a business handles near-term financial obligations. Reasons why negative working capital exists include a business making one-time cash payments due to a business’ current assets markedly dropping. Similarly, current liabilities can increase massively with more accounts payable and increasing credit.

Delving into Negative Working Capital

When analyzing negative working capital, it’s important to see how it’s connected to the current ratio. The current ratio is a business’ current assets divided by its current liabilities. When the current ratio’s calculation is less than 1.0, the business has more current liabilities than current assets, resulting in negative working capital.

Temporary negative working capital may exist when a company spends excessively or sees a steep increase in outstanding bills due to buying input materials and services from its suppliers. Though extended periods of negative working capital could be a red flag because the business might have a problem paying immediate bills and is being forced to depend on financing or raising funds via equity issuances to manage its working capital, it gives insight into the company’s financial barometer.

Negative Working Capital Requires Judgment

Depending on the type of business and its working capital levels, a negative working capital figure may or may not indicate there’s a concern. Retail, grocery, and subscription negative working capital may not be bad; however, for capital-intensive companies, negative working capital might indicate trouble. One way to measure working-level capital is through the Cash Conversion Cycle (CCC). The CCC determines whether negative working capital is from efficient operations or cash flow constraints.

It looks at:

1. Days Inventory Outstanding (DIO) or how long the inventory waits before a sale is made.

2. Days Sales Outstanding (DSO) or how long before an invoice is paid to the company.

3. Days Payable Outstanding (DPO) or how many days it takes a company to pay its vendors’ invoices.

Where: CCC = DIO + DSO – DPO

If the resulting number from the CCC is negative, it indicates the company is receiving payments from its customers well before it needs to pay vendors/suppliers. A company with this type of result is in good shape financially. However, if the CCC is positive and meets some of the criteria, it would require further investigation to see if the negative working capital is worrisome. Examples of a company’s poor operation include higher accounts payable days, turnover slows, falling revenue, and accounts receivable collection timeframes increasing.

Conclusion

When it comes to working capital, it requires analysis as to why a company’s working capital level is at the level it is. Taking the level at face value doesn’t give the evaluator the full picture.

Why AI Falls Short for U.S. Tax Guidance

The rise of artificial intelligence tools like ChatGPT and Grok has transformed how Americans seek information. From meal planning to complex financial questions, these platforms offer instant answers to virtually any query. But when it comes to U.S. tax advice – especially international tax matters – relying on AI can lead to serious and costly mistakes.

The Allure and Limitations of AI Tax Help

The appeal of AI for tax questions is understandable. However, AI’s limitations become glaringly apparent in international tax matters. This specialized field combines extraordinary complexity with constant change, creating a perfect storm that exposes AI’s weaknesses. The landscape shifts regularly through regulatory updates, IRS interpretations, and court decisions – changes that AI systems struggle to incorporate in real-time.

Consider the IRS Practice Units, internal training materials for tax examiners that became public in 2020. From January through early May 2025 alone, the IRS released 35 new Practice Units, with 22 addressing intricate international tax topics such as foreign tax credit computations, base erosion anti-abuse tax, and treaty provisions. These rapidly evolving resources represent just one stream of constantly changing tax guidance that AI models could fail to capture, leading to outdated or incomplete advice.

How AI Gets Tax Advice Wrong

AI’s accuracy problems stem from its fundamental design. Large language models like those powering ChatGPT and Grok train on vast amounts of text from diverse sources – online forums, books, articles, websites, and public records. This training produces responses that sound authoritative and conversational, but this polish masks significant limitations.

The core issue is what experts call “simplexity” – AI’s tendency to oversimplify complex tax law. When AI presents intricate regulations as straightforward concepts, it fundamentally misrepresents the law itself. This problem has already surfaced with the IRS’s own Interactive Tax Assistant chatbot.

AI systems also suffer from interpretation errors, reliance on outdated information, and conflation of similar but distinct tax concepts. For instance, an AI might confuse the Foreign Tax Credit with the Foreign Earned Income Exclusion – similar-sounding but entirely different provisions with vastly different implications.

The Real-World Cost of AI Errors

Mistakes in international tax compliance carry severe consequences. The IRS considers international tax enforcement a top priority, and errors in reporting foreign income or assets trigger substantial penalties. A late FBAR or foreign information return like Form 8938 or 5471 carries a $10,000 penalty. Errors involving foreign assets can result in a 40 percent accuracy-related penalty on unpaid taxes.

Importantly, relying on AI advice won’t qualify as “reasonable cause” to avoid these penalties. Last year, the U.S. Taxpayer Advocate Service highlighted a Washington Post analysis showing that AI chatbots from major tax preparation companies provided incorrect advice up to 50 percent of the time on complex questions. Beyond financial penalties, taxpayers face the stress of audits and the time-consuming burden of correcting mistakes.

Why Human Expertise Remains Essential

While AI continues to advance, it currently falls far short of replacing human expertise in international tax matters. Experienced tax professionals bring irreplaceable skills that algorithms cannot match. They stay current on evolving IRS guidance, monitor treaty updates, and analyze new case law. Most importantly, they apply professional judgment to each unique situation.

International tax planning rarely follows a one-size-fits-all approach. Professionals provide strategic thinking and contextual analysis that optimize outcomes for specific circumstances. They understand when exceptions apply, how different rules interact, and what documentation requirements must be met. These nuanced judgments remain beyond AI’s current capabilities.

Conclusion

This doesn’t mean AI has no role in tax planning. It can serve as a useful starting point for understanding basic concepts or generating initial questions to discuss with a professional. However, treating AI as a substitute for qualified tax advice is a risky gamble.

The appeal of instant, free tax guidance is strong, but the cost of getting it wrong can be devastating. Until AI can match the precision, current knowledge, and professional judgment of experienced tax professionals, taxpayers would be wise to view it as a supplement to – not a replacement for – human expertise.

Understanding the Goodwill to Assets Ratio

The goodwill to assets ratio measures how much of a company’s total assets come from goodwill – an intangible asset like brand value or customer loyalty – and it plays a role in assessing the company’s overall value. It provides a ratio or percentage of the amount of intangible versus tangible assets. Understanding what the ratio represents, how it is calculated, and how to interpret it is essential for effectively applying it to business operations and investment decisions.

Goodwill Defined

Goodwill can be defined as an intangible asset that comes about when the acquiring firm obtains such assets from the acquired firm at a higher value. When it comes to accounting standards, both International Financial Reporting Standards (IFRS) and Generally Accepted Accounting Principles (GAAP), intangible assets must be evaluated for impairment, but don’t need to be amortized. Based upon IFRS 38, goodwill is generated solely during an acquisition and is defined as the amount of the acquisition price for the acquired company over its book value. IFRS 38 does not recognize goodwill generated by the company internally.

Calculating Goodwill

Goodwill = Liabilities – Assets + Purchase Price

If a company looks at acquiring another company for $750,000, and the company being acquired has assets of $900,000 and liabilities of $450,000, the net assets would be $450,000. Based on the goodwill formula:

Goodwill = $450,000 – $900,000 + $750,000 = $300,000

Once the goodwill has been established, the Goodwill to Assets Ratio Formula is used as follows:

Goodwill to Assets Ratio = Unamortized Goodwill / Total Assets

If one company is putting itself up for sale with a selling price of $75 million, it would have to establish its book value, based on recent financial statements, along with its goodwill value. Factors that go into calculating a company’s goodwill include if the company has prime real estate, a well-known brand, a rich list of clients, or intellectual property that sets itself apart from competitors in the industry that won’t expire for years. For example, if its intangible assets are $15 million, subtracted from its selling price of $75 million, its tangible assets or book value would be $60 million.

Based on the ratio, it’s calculated as follows:

$15 million / $75 million = 20 percent

Therefore, the ratio is 20 percent for the company’s goodwill as part of the company’s valuation. Otherwise, if the purchase goes through, whoever buys the company spends 20 percent on the company’s goodwill.

Analyzing the Goodwill to Assets Ratio

This ratio gives an overview of a business’s financial health. The lower the ratio, the more tangible or physical assets that can be sold. Conversely, the higher the ratio, the fewer intangibles a company has. Much like assets that can be written down, so can a company’s goodwill.

This ratio is not one-in-all and should be measured against businesses within the same industry. Based on this analysis, if a company has a large amount of goodwill on its financial statements, if it’s written down, it could still result in a lower valuation despite the company having a large amount of assets.

Looking over time, it shows the importance of ongoing evaluations. In 1975, according to the University of California, Los Angeles, companies on the Standard and Poor’s 500 (S&P 500) had $122 billion of intangible assets and $594 billion of tangible assets, or about a 21 percent intangible to tangible assets ratio. These companies included most industrial and energy sector names like GE, Procter & Gamble, 3M, Exxon Mobil, along with IBM, based on market capitalization. However, in 2018, the ratio increased to 84 percent of intangible to tangible assets. Intangible assets accounted for $21.03 trillion and $4 trillion when looking at most of the companies on the S&P 500, which included Apple, Alphabet, Microsoft, Amazon, and Facebook, based on market capitalization.

While the growth of technology and communication services has risen and skewed the tangible to intangible ratio, it shows the importance of evaluating companies and sectors individually, not just with a broad brush.

Sources

Boom of Intangible Assets Felt Across Industries and Economy

Responsibilities of Being the Executor of a Will

The appointed executor of a will is the person responsible for paying the debts and taxes of the will’s owner once he dies and then distributing what is left in the estate to named beneficiaries according to instructions of the will. While it might feel like an honor to be asked to be the executor, keep in mind that the responsibilities are far more onerous than being the best man at a wedding.

An executor takes on both legal and fiduciary responsibilities that can have aggravating and even punitive ramifications if not handled properly. The following outlines the responsibilities of being the executor of a will.

Probate

Many formal assets may already have a named beneficiary (e.g., insurance policies, retirement plans, bank and investment accounts); these distribution instructions are outside of and supersede any instructions in a will. All other assets that do not have a separate beneficiary assignment and are not held in a trust must go through the probate court process. It is important to start the process as soon as possible post-death in order to have the legal authority to discharge estate assets. You may require the services of an estate attorney to enter court filings, particularly if you do not live near the departed.

Documentation

First and foremost, you must have the original copy of the will. Ensure you have this or know how to access it when you accept the responsibility as executor. Next, assemble the decedent’s documents to identify all his assets and liabilities, including real estate and personal property. You will be responsible for paying off any outstanding bills and debt, as well as filing tax returns.

Mediator

If the beneficiaries are unhappy with the will’s instructions, the executor is expected to mediate disputes to represent the best interests of all beneficiaries based on the intent of the deceased.

Creditor Claims

The probate process may require or recommend a period of time, possibly six months or longer, during which you may need to place a notice in a local newspaper to alert creditors and debtors that the deceased’s estate has entered probate. This offers ample time for debtors to file claims before the estate assets are disseminated to beneficiaries.

Due Diligence

If the will instructs you to manage the estate’s invested assets, such as money held in a trust, you are required to make prudent investment decisions. For example, just because you personally invest in Bitcoin doesn’t mean that is a fiduciary responsible investment for the decedent’s assets. You must conduct due diligence and have a reasonable rationale for all investment decisions; otherwise, a beneficiary could take you to court for mismanaging the assets. One way to protect your investment decisions is to request that beneficiaries give their approval in writing for any major investment changes you make while managing the assets.

Recordkeeping

Maintain accurate and comprehensive records of all your actions and back-and-forth communications with beneficiaries, investment managers, lawyers, and judicial filings. Record keeping is not just for your benefit; it is considered part of your fiduciary duty as the executor of the will.

Be aware that should your actions as executor come under scrutiny and/or a beneficiary files a court claim that you have been negligent, you could be removed as executor and even be liable for personal restitution and/or punitive damages if a court determines you have been self-dealing. Although unfortunate, this is not an uncommon occurrence.

Responsibilities like this are why many people, particularly those with sizeable estates, choose to name an estate attorney or professional administrator as executor of their will. This allows for a degree of professional distance that can help protect beneficiaries from mismanagement of assets without the emotions associated with naming a close friend or relative as executor.

The executor for a smaller estate is more likely to be administered with ease and can give the owner peace of mind that he’s leaving this responsibility to a trusted friend or family member.

Category: Blog

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