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Poor old Sue
Started a set of books anew
without reading these lines few
and now Sue is in a Stew 

 

Client Letter - What this idea is about  

What This Idea Is About - Client Letter

Description / Scope  / Skill Level Pre-requisite Knowledge

Type in this area an introduction to this topic.  State what it is about, state whether this is an introduction, beginner level, imd or advanced.  State whether any special knowledge is required - for example, law, mathematical, management, knowledge of a specific industry, etc.

Topic - Objective - Purpose Why This Is Important: Usefulness General Benefits 7 Objectives: 

Text

Time Estimate: Who

Materials  - Equipment-Tools - Library Resources: Who

Who This Applies to: Who

When to Perform: When

Special Circumstances: Warnings & Special Circumstances

 

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Engagement Status Letter 

You have not engaged Bob Parrish CPA PC, Bob Parrish CPA, pro1040, Consulting on line, any related parties, or the ISP to perform any services for you or offer you advice.  This entire site is for educational or informational purposes only.   You are not to use the forms, concepts, strategies, or knowledge without assistance from a professional.   The author, the corporation, the ISP, Bob Parrish CPA, Bob Parrish CPA, P.C. or other parties related to those or this site do not guarantee or warrantee in any manner the suitability, usefulness, accuracy, timeliness, or results of any portions of this site, nor the links contained in this site which link to other areas.   At times, information is taken from other sources and is believed to be accurate, but no verification or confirmation is performed.  Furthermore, if any federal or state law invalidates a portion of this disclaimer, the other portions still apply.   In addition, any allegations or actions are restricted to arbitration only and must be arbitrated by the Better Business Bureau in Sarasota Florida.  Reading of these pages constitutes complete acceptance and agreement with all disclaimer provisions on all pages of this site. ....... Thursday, February 22, 2007 01:32 AM  

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Learning Objectives (What You Asked) 

YOUR QUESTION(S)

What year-end is best for my business and what year ends will the IRS allow?

How does one adopt the year end?

Can one change the year end?

Calendar Year or Fiscal Year?

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What You Will Need  

 

 

Plain English Analysis What it does, Why it works - The Answer, Alternatives  

Plain English

 

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YOUR ANSWERS

What it does, Explanation of this topic and how it may affect you:

The choice of your business year determines when you close your books, take inventories, file income tax returns, and other less major year end routines.  Some businesses with inventory choose the time of year at which the inventory levels are at the minimum levels for the year.

The "default" tax year is the calendar year, and individual taxpayers usually adopt a calendar year both for convenience and because they ordinarily do not qualify to file on an alternative basis. 

Partnerships, S corporations, and personal service corporations are subject to a required tax year, a term used to refer to statutorily restricted selection of a tax year. The restrictions apply unless 

(1) the taxpayer is able to demonstrate a business purpose for varying from the required year, or 

(2) the taxpayer qualifies to make a fiscal year election (for which a business need not be proved). 

C corporations that are not personal service corporations have the greatest flexibility in choice of a tax year, and typically adopt a fiscal year.

Partnerships, S corporations, and personal service corporations are subject to a required tax year, a term used in Code Section 444(e) to refer to statutorily restricted selection of a tax year. The Code Section 444(e) required tax year incorporates the limitations set out in Code Section 706(b) (partnerships), Code Section 1378 (S corporations), and Code Section 441(i) (corporations). The restrictions apply unless

  1. the taxpayer is able to demonstrate a business purpose for varying from the required year, or 
  2. the taxpayer qualifies to make a fiscal year election (for which a business need not be proved). 

The primary purpose of the required tax year is to prevent undue deferral of tax that might otherwise occur by the selection of a tax year for an entity that is either pass-through (as in a partnership or S corporation) or is closely controlled by its owner (as in a personal service corporation).

 

How does one adopt the year end?

One adopts a tax year when the first income tax return is filed, or a request for an extension of time to file is made. The adoption must be made by the time for filing the tax return or the extension of the tax  return for the chosen year end.

CHANGE IN TAX YEAR?

Perhaps - there are restrictions on fiscal years, and you must request IRS permission.  IRS must give approval to change a tax year. File a current Form 1128 by the 15th day of the 2nd calendar month after the close of the short tax year to get IRS approval. 

Required Year End & Restrictions ("Required Taxable Year")

A Partnership, S Corporation, LLC or Personal Service Corporation must use a "Required Taxable Year".  The "Required Taxable Year" has a different meaning for each of the entities.

PARTNERSHIPS (and LLC)

There is an Excel Spreadsheet to assist with this entity and permitted year end - Partnership Required Year End

A partnership must conform its tax year to its partners' tax years unless the partnership can establish a business purpose for a different period or it makes a section 444 election. The rules for partnerships are as follows: 

1) If one or more partners having the same tax year own a Majority interest (more than 50%) in partnership profits and capital, the partnership must adopt that tax year. (Majority Interest Rule)

2) If there is no majority interest tax year (that is step 1 does not apply), the partnership must use the tax year of all its principal partners. A principal partner is one who has a 5% or more interest in the profits or capital of the partnership.  THAT IS IF ALL PARTNERS HAVING 5% OR MORE INTEREST IN OR CAPITAL HAVE THE SAME YEAR END, USE THAT YEAR END.

3) If there is no majority interest tax year and the principal partners do not have the same tax year, the partnership generally must use a tax year that results in the Least Aggregate Deferral OF INCOME to the partners. 

If a partnership changes to a required tax year because of these rules, the change is considered to be initiated by the partnership with IRS approval. NO formal application for a change in tax year is needed. The partner's tax year that results in the lowest aggregate (total) number is the tax year that must be used by the partnership. If more than one year qualifies as the tax year that has the least aggregate deferral of income, the partnership can choose any year that qualifies. However, if one of the tax years that qualifies is already the partnership's existing year, the partnership must retain that tax year.

Majority Interest Rule

The majority interest rule is simple: if there are partners with the same tax year who together hold a majority interest in the partnership (profits and capital), the partnership must use the same tax year as that of the partners in this majority group.  

Follow these steps: 

(1) list the tax years of all partners; 

(2) list each partner's percentage share of profits and capital; 

(3) check to see whether partners with the same tax year have an aggregate interest of more than 50 percent of profits and capital combined.

 

Principal Partners Rule

Steps for the Principal Partners Rule

(1) ascertain that the majority interest rule cannot be used to determine the required tax year; 

(2) using a list of partners, tax years, and partnership interests, identify the principal partners (if profits and capital interests are different for a partner, check each to see if the partner has a 5 percent interest); 

(3) check to see whether the principal partners all have the same tax year -- if they do, that is the partnership's required tax year.

 

LEAST AGGREGATE DEFERRAL OF INCOME RULE

The tax year that results in the least aggregate deferral of income is determined as 
follows: 

  1. Determine the number of months of deferral for each partner using one partner's tax year.  Find the months of deferral by counting the months from the end of that tax year forward to the end of each other partner's tax year.
  2. Multiply each partner's month of deferral found in step 1) by that partner's share of interest in the partnership's profits for the tax year used in step (1).
  3. Add the amounts in step (2) to get the aggregate (total) deferral for the tax year used in step (1).
  4. Repeat steps (1) through (3) for each partner's tax year that is different from the other partner's years.

There is a spreadsheet to assist with this: Partnership Required Year End

If more than one year qualifies as the tax year that has the least aggregate deferral of income, the partnership can choose any year that qualifies. However, if one of the tax years that qualifies is already the partnership's existing year, the partnership must retain that tax year.

Partnerships can elect under section 444 to use a tax year that is different from the required tax year. Certain restrictions apply to this election. In addition, the electing partnership may be required to make a payment for the deferral. This election does not apply to any partnership that establishes a business purpose for a different period. Generally, a partnership can make a section 444 election only if the tax year it wants to use results in a deferral period of 3 months or less.

S Corporation and C Corporations

Personal Service Corporation

A personal service corporation must use a calendar taxable year, unless the corporation can establish, to the satisfaction of the IRS, a business reason for using a different year.  

Generally, only corporations with clearly seasonal businesses will qualify. For purposes of this provision, "personal service corporation" is defined broadly, so that the definition generally will include most professional corporations.

Any other  S Corporation 

Generally the law requires the S Corporation to use the calendar year.  Permission can be granted for other "Permitted Years".  There must be a valid business purpose for the fiscal year to be granted by the IRS.

If the S Corporation has losses than can be passed through, then the calendar may be the better choice.

All Entities - Business Purpose Exceptions

There are two exceptions to the required tax year imposed on partnerships, S corporations, and personal service corporations. <12> The business purpose exception is described next, in Section 510.2(b)(1), and the Code Section 444 fiscal year election exception follows, in Section 510.2(b)(2). The business purpose exception is more advantageous for most taxpayers than the fiscal year election, because the election exception is laden with Code Section 7519 conditions that are not applicable to use of a tax year justified by a business purpose. 

Business purpose exception   A partnership, S corporation, or personal service corporation is allowed to select a tax year other than the required tax year if it demonstrates a business purpose for the proposed tax year. A business purpose may be established by one of two methods: (1) a facts and circumstances test or (2) a computational safe harbor established in Rev. Proc. 87-32, 1987-2 C.B. 396. 

The safe harbor approach allows the taxpayer to adopt the proposed tax year without IRS approval. Approval is required if the taxpayer is forced to rely on the facts and circumstances test.

THE COMPUTATIONAL SAFE HARBORS. The quick and easy way for a partnership, S corporation, or personal service corporation to qualify a proposed tax year that deviates from the required tax year is to establish that it falls within one of the computational safe harbors of Rev. Proc. 87-32, 1987-2 C.B. 396.  Applicable to all three entities is the natural business year test. If the proposed tax year qualifies as the taxpayer's natural business year, and is either the year currently in use or would result in less income deferral that the year currently in use, then the taxpayer may use it without prior approval of the IRS. Whether a year is the taxpayer's natural business year depends on the results of a 25-percent test in three consecutive twelve-month periods ending with the last month of the requested year before the filing of the request to adopt the year.

An alternative safe harbor, available to an S corporation or a corporation electing to be an S corporation but not to a partnership or personal service corporation is the ownership tax year test. This safe harbor is met if the corporation is adopting, retaining, or changing to a tax year and shareholders holding more than half of its issued and outstanding shares of stock (as of the first day of the tax year to which the request relates) have, or are concurrently changing to, the same tax year. If a shareholder and the S corporation plan to change tax years concurrently, the shareholder is subject to rules generally applicable to taxpayers changing their tax years, Reg. Section 1.442-1(b)(1). If, as of the first day of any tax year, the S corporation no longer meets the ownership tax year test, it must change its tax year to a permitted year.

A partnership, an S corporation, a corporation electing to be an S corporation, or a personal service corporation that meets the natural business year test or the ownership tax year test is deemed to have IRS approval for deviation from the required tax year if the taxpayer complies with the five conditions of section 4 of Rev. Proc. 87-32:

(1) The taxpayer must file a federal income tax return for the short period required to effect the change or adoption or for the retained tax year (whichever is applicable) by the due date of the return, including extensions.

(2) If a short period is required to effect the change, that period begins with the day following the close of the old tax year and ends with the day preceding the first day of the new tax year.

(3) The books of the taxpayer must be closed as of the last day of the short period in the case of a change or adoption that establishes a new tax year. Returns for subsequent years generally must be made on the basis of a full tax year.

(4) The taxpayer's books and records (including financial reports and statements for credit purposes) must be kept on the basis of the retained or new tax year.

(5) In the case of a personal service corporation, taxable income must be annualized and the tax computed in accordance with the provisions of Code Section 443(b) and Reg. Section 1.443-1(b).

To assist the IRS in processing the retention or change in tax year, for which a Form 1128 must be filed, taxpayers should either type or print at the top of the first page of Form 1128: "Filed Under Rev. Proc. 87-32."

A taxpayer that has requested permission to use a tax year that has a business purpose does NOT have to wait for the request to be rejected before applying for a Section 444 election. If a taxpayer has requested, or plans to request, permission to use a tax year that has a business purpose, he/she can file a section 444 election (if otherwise qualified) as a backup to his/her request for a business year. If the taxpayer is denied the request for a business purpose tax year, he/she must then activate his/her BACK-UP section 444 election.

Permitted Alternate Year Ends

A partnership, S corporation, or personal service corporation can elect under SECTION 444 to use a tax year different from its required tax year if all of the following requirements are met: 

  1. It is not a member of a tiered structure, 
  2. It has not previously had a section 444 election in effect, 
  3. It elects a year that meets the DEFERRAL PERIOD requirement.

An alternative safe harbor, available to an S corporation or a corporation electing to be an S corporation but not to a partnership or personal service corporation is the ownership tax year test. This safe harbor is met if the corporation is adopting, retaining, or changing to a tax year and shareholders holding more than half of its issued and outstanding shares of stock (as of the first day of the tax year to which the request relates) have, or are concurrently changing to, the same tax year. If a shareholder and the S corporation plan to change tax years concurrently, the shareholder is subject to rules generally applicable to taxpayers changing their tax years, Reg. Section 1.442-1(b)(1). If, as of the first day of any tax year, the S corporation no longer meets the ownership tax year test, it must change its tax year to a permitted year.

A partnership, an S corporation, a corporation electing to be an S corporation, or a personal service corporation that meets the natural business year test or the ownership tax year test is deemed to have IRS approval for deviation from the required tax year if the taxpayer complies with the five conditions of section 4 of Rev. Proc. 87-32:

  1. The taxpayer must file a federal income tax return for the short period required to effect the change or adoption or for the retained tax year (whichever is applicable) by the due date of the return, including extensions.
  2. If a short period is required to effect the change, that period begins with the day following the close of the old tax year and ends with the day preceding the first day of the new tax year.
  3. The books of the taxpayer must be closed as of the last day of the short period in the case of a change or adoption that establishes a new tax year. Returns for subsequent years generally must be made on the basis of a full tax year.
  4. The taxpayer's books and records (including financial reports and statements for credit purposes) must be kept on the basis of the retained or new tax year.
  5. In the case of a personal service corporation, taxable income must be annualized and the tax computed in accordance with the provisions of Code Section 443(b) and Reg. Section 1.443-1(b).

To assist the IRS in processing the retention or change in tax year, for which a Form 1128 must be filed, taxpayers should either type or print at the top of the first page of Form 1128: "Filed Under Rev. Proc. 87-32."

DEFERRAL PERIOD:  The Code restricts the deferral period to:

  1. THREE MONTHS, or 

  2. The deferral period of the tax year being changed, or less This is the tax year immediately preceding the year for which the partner- ship, etc. wishes to make the section 444 election.

MAKING THE ELECTION (§444): The election is made by filing Form 8716 with the IRS Center where the return would normally be filed.   

Form 8716 must be filed by the earlier of:

  1. The due date (not including extensions) of the income tax return resulting from the §444 election, or

  2. The 15th day of the 6th month of the tax year for which the election will be effective. For this purpose, count the month in which the tax year begins, even if it begins after the first day of the month.

Start of Plain English Section

Why or How it works - Both Sides of the Equation and Examples:

To adopt a calendar tax year, you must maintain your books and records and report your income and expenses from January 1 through December 31 of each year.  The calendar year is the most often used year.  However, in most circumstances you may use any month end that meets the requirements of your business.  

There are however restrictions on the use of fiscal years.

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Alternatives

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Cost v. Benefit Analysis

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Other

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Reserved

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Technical Analysis & Citations What It does, Why it works -

Technical Analysis

 

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Commentary

Required Taxable Year

Partnerships

There are three basic methods to determine the partnership's Code Section 706(b) required tax year: 

1) the majority interest rule; 

(2) the principal partners rule; and 

(3) the least aggregate deferral rule. 

These rules are applied in order; the statutory preference is to use the majority interest rule if possible, then the principal partners rule, and only if both are not appropriate the least aggregate deferral rule.

Majority Interest Rule - Code Section 706(b)(1)(B)(i) ; Code Section 706(b)(4).

The majority interest rule is simple: if there are partners with the same tax year who together hold a majority interest in the partnership (profits and capital), the partnership must use the same tax year as that of the partners in this majority group.

Principal Partners Rule

 

S Corporation

Personal Service Corporations (S or C)

Code Section 441(i) provides that a personal service corporation must use a calendar taxable year, unless the corporation can establish, to the satisfaction of the IRS, a business reason for using a different year.  

The IRS has promulgated rules and examples governing when a business reason for a non-calendar year will be deemed to exist. Generally, only corporations with clearly seasonal businesses will qualify. See Rev. Proc. 87-32, 1987-2 C.B. 396; Rev. Rul. 87-57, 1987-2 C.B. 117.  For purposes of this provision, "personal service corporation" is defined broadly, so that the definition generally will include most professional corporations.

Any Other S Corporation

Generally the S Corporation must use the calendar year end.  There are exceptions and special provisions.

Any other accounting period (i.e., a fiscal year) may be elected only if the corporation establishes to the satisfaction of the IRS a bona fide business purpose for using such a year. Code Section 1378(b)(2). These years are referred to as "permitted years" in Code Section 1378, but for Code Section 444 purposes, the tax year determined under Code Section 1378 is referred to as the corporation's "required taxable year."

Deferral of income to shareholders, which was often a reason that S corporations elected a fiscal year in the past, is not treated as a business purpose.  If the S corporation could elect a taxable year that would end shortly after the end of the shareholders' taxable years, shareholders could defer reporting S corporation income for almost a full year.  If the S Corporation has losses than can be passed through, then the calendar may be the better choice.

 

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Law

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Start of Technical Analysis

Regs

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Start of Technical Analysis

Cases

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Start of Technical Analysis

Revenue Procedures

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Start of Technical Analysis

Revenue Rulings

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Private Letter Rulings

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Tax Killers  

This is about Activity Based Taxplanning - maximizing deductions, minimizing cash outlay and maximizing the amount of cash retained and the net worth.  Activity Based Taxplanning (ABT) is a methodology developed by Bob Parrish CPA, that assists people with the tax issues by focusing on the activity (or actions - events) that are being undertaken or contemplated (or have already taken place).  The,  research is compiled from the myriad of sources to help you complete the activity with the least tax cost, while maintaining compliance the tax laws, other laws and regulations and place yourself in a position to protect your objectives.

Tax is a subject that many view in order to cut costs.  Taxes are a cost just as any other cost.  It happens this cost is somewhat intangible and is defined by legislation without a tangible item to view and control.  The money is spent and the control of the expenditure is more appropriately administered by someone trained in the law.

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Cost Killers   Management Info Sys, Cost Acctg, Activity Based Costing)

 This is about Activity Based Costing  - methods to cut costs, management accounting, management information systems, decision support systems - in general about being a manager.

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Preparing for your CPA, attorney, or preparing to start your own What to gather - 

  

How to Prepare For the CPA or Legal Counsel - Save the Professional Time - Save Your Money

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 Entrance Interview

1041 Organizer

Exit Interview

From Banking Records

From Customer Records

From Signed Documents

From Your Other Business, or Financial Records

From Corporation Records or Organization Records (meetings, etc.) 

What to do

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Forms - checklists, time-line to do, etc. Assistance - What To Do - 

What to Do  - Forms, Checklists, Calendars, Etc.

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Action Checklist - What To Do

OVERVIEW OF PROCEDURES

GENERAL SETUP & STARTUP

PRINT FORMS AND DOCUMENTS NEEDED

PRESENTATION STANDARDS

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DETAILED STEPS

STARTING

FROM CLIENT OR BUSINESS RECORDS

CONTRACTS, BILLS OF SALE, AGREEMENTS, ETC.

LIST OF DOCUMENTS NEEDED

ORGANIZER

ENTRANCE INTERVIEW

EXIT INTERVIEW

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OBTAIN THE ORGANIZER AND BE CERTAIN ALL INFORMATION IS AVAILABLE

GATHER AND SORT THE INFORMATION

OBTAIN THE WORKPAPER TITLE SHEETS

OBTAIN THE PRESENTATION TITLE SHEETS

OPEN ALL STANDARD DOCUMENTS

OVERVIEW THE ENTRANCE INTERVIEW FORM

OVERVIEW THE LIST OF INFORMATION AND CLIENT OR BUSINESS RECORDS NEEDED

START THE REQUIRED COMPUTER PROGRAMS

OBTAIN THE CHECKLISTS IF NEEDED AND WORK ON THE JOB BY EACH TYPE OF ACTIVITY OR EVENT

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PRINT ALL THE REQUIRED DOCUMENTS OR MAKE COPIES AS NEEDED

PRESENTATION STANDARDS

DETERMINE THE CORRECT PRESENTATION STANDARD TO USE

ENGAGEMENT LETTER AND DISCLAIMER

PRESENTATION IN GENERAL

WHAT THE ENGAGEMENT IS LIMITED TO

WHAT SERVICES WERE PERFORMED

HOW THIS HELPS & BENEFITS

4 WAY TEST APPLICATION

Is it the TRUTH

Is it FAIR

Will it build GOODWILL and BETTER FRIENDSHIPS

Will it be BENEFICIAL to all

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BEFORE FINALIZING THE WORK PROCESS CONSIDER THE FOLLOWING

Compliance

Paying Bills or other events

The professional should perform functions the client does not have time for

The  professional should perform necessary functions the client staff does not have training for

Reduce Costs

Reduce Risks

Setting Goals or objectives

Setting methods for monitoring

Setting dates, methods & procedures for follow-up

Setting guidelines for defining when variances from the guideline warrant policy or procedure changes

Identify the policies or procedures that need to be changed to accomplish the goal or objective

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OBTAIN THE STANDARD WORKPAPER FORMS NEEDED

LIST OF THE STANDARD FORMS AND W/P NEEDED

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OBTAIN THE DOCUMENTS FOR THIS JOB

PLACE BLANK FORMS IN THE CORRECT SEQUENCE

GENERAL & FOR ALL JOBS

Instructions for finalizing and completion - for example instructions for the mailing of forms to the IRS

Actions Checklist

Report Cover Letter

Required Documents and attachments

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FINAL OVERVIEW BEFORE THE JOBS IS ENDED & CLOSED

LOOK AT THE ORIGINAL QUESTION - has it been answered, were more questions added?

THE ANSWER - limit the answer to a short paragraph of about 7 sentences.  Did this solve the issue?  The ANSWER is not considered the SOLUTION

THE SOLUTION - understand the objective or goal and restate it.  Were the goals met?  What might prevent obtaining the goals. Do the benefits outweigh the costs?  Reduce Costs?  Reduce Risks?  Setting Goals or objectives:

Setting methods for monitoring

Setting dates, methods & procedures for follow-up

Setting guidelines for defining when variances from the guideline warrant policy or procedure changes

Identify the policies or procedures that need to be changed to accomplish the goal or objective

ACTIONS - checklist, calendar, columnar presentation showing separate columns for Client, CPA, Broker, Bookkeeper, Lawyer, Insurance Agent, etc.

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COST v. BENEFITS ANALYSIS

PROPOSAL

FACTS DISCOVERED & USED

COMPUTATIONS & REPORTS

TECHNICAL ANALYSIS WITH CITATIONS AND AUTHORITY

FORMS - agreements, contracts, trusts, tax forms, financial reports, management information reports, policies or procedures

REQUIRED ATTACHMENTS

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FINAL STEPS

Overview - look at the steps required and the steps performed.  Are there unusual items?  Are there exceptions or adverse results of the procedures performed?  Find resolutions for all unusual or adverse items.

Compliance - has compliance "substantially" been met.  That is no "material" adverse results?

Math Check

Proof and spell check

Theory & overview by someone not performing the procedures

Close the case and archive it.

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Forms and checklists

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How to use the forms

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Financial Accounting: Bookkeeping & Financials 

Financial Accounting

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Financial Statement Presentation

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Notes to Financial Statements

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How to Make Entries

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What Kind of Records to Keep

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Bookkeeping Methods - Cash, Accrual and Other

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How the Business Entity Affects the Recording

Sole Proprietor

Corporation - C & S

Partnerships - General, Limited, Limited Liability Company, Registered Limited Liability Partnership or Company

Trusts

Tax Exempt

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Compliance - what is required for protection, defense, etc.  

Compliance Checklist

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Alerts & Dangers - Risks, Asset Protection, IRS Defense 

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Action Checklist

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Alerts & Dangers - Risks

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Asset Protection

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Your Defense

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Tools - Spreadsheets - Documents - Reports - Checklists

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Spreadsheets & Computations 

Partnership Required Year End

 

Spreadsheet #1

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Contracts, Trusts, etc. 

Agreement #1

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Reports Required 

 Report #1

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Checklists for Deployment  

 Checklist #1

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Checklist for Monitoring  

 Checklist #1

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