When Values Collide—Redux Valuing a business that owns real estate presents the business appraiser with a number of conundrums. In this article, the author discusses the concept of a fair investment return and how that may impact the value of the business being sold with the real estate.
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Highlighting Recent Delaware Court Cases In this Case Law Update, three recent Delaware Court cases are reviewed. Two cases focus on whether the deal value is fair value and the third focuses on matters discovered following approval of a merger and who has standing to sue and what remedy, if any, is available to the disgruntled plaintiffs. The first two cases also delve into the role of experts, inputs that are used in the DCF (and usually contested), and the role of board members overseeing the process, as well as the value of process itself discovering price. The third case…
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On May 21, 2018, the Supreme Court issued its long-awaited decision in the consolidated cases Epic Systems Corp. v. Lewis, No. 16-285; Ernst & Young LLP v. Morris, No. 16-300; and NLRB v. Murphy Oil USA, No. 16-307. In a 5–4 opinion by Justice Gorsuch, the Court held that courts must enforce arbitration agreements requiring employees to bring employment-related claims in individualized arbitration proceedings, and barring them from pursuing those claims as a collective or class action. The Court explained that absent a contrary congressional directive, arbitration clauses… To read the full article in Jenner & Block, click: The Supreme…
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In March, the federal government imposed a twenty-five percent tariff on imported steel and a ten percent tax on imported aluminum. The resulting increased costs will likely be passed on to the construction industry. General contractors typically increase their bid price to account for anticipated cost escalations. For those projects already under contract, however, the pending increases pose a dire threat to profitability. And a looming trade war could impact other materials widely used in the industry. The critical question for those bidding is how to anticipate how far prices will rise and when. To read the full article in…
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Employment and salary prospects for accountants are healthy across the board, but professionals with up-to-date expertise in data collection and analysis are most in demand, say recruitment specialists. To read the full article in InTheBlack, click: The Accounting Skills Most in Demand.
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Now How Do I Obtain Work? Earning a professional accreditation, such as the CVA is an accomplishment. Getting engagements thereafter is another matter. In this article, the author shares what he thinks newly minted CVAs may want to consider to develop their practice niche and brand.
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Grow Your Practice and Presence So You Are Noticed If you want to grow your network of leads, prospects, clients, and referral sources, then LinkedIn is probably the best social media platform to jump into. Most of you are already playing in that sandbox anyway, and with a few tweaks, you can do better. Much better.
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On May 21, 2018, President Trump signed into law a resolution disapproving the Consumer Financial Protection Bureau’s (CFPB) guidance on Indirect Auto Lending and Compliance with the Equal Credit Opportunity Act. In that Guidance, the CFPB expressed the view that certain indirect auto lenders—that is, lenders that coordinate with dealerships to provide auto loans to consumers—are subject to the Equal Credit Opportunity Act and its anti-discriminatory provisions… To read the full article in Consumer Law Round-Up, click: Congress Upends CFPB’s Indirect Auto Lending Guidance, Spares Payday Lending Rule.
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To develop the skills you will need to respond to adversity with strength, follow these three steps. To read the full article in Strategy+Business, click: Build Your Leadership Resilience. It is an Act of Defiance.
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The IRS released a draft Form W-4, Employee’s Withholding Allowance Certificate, and its instructions, for individual taxpayers to use to determine their income tax withholding for 2019. To read the full article in The Tax Adviser, click: Draft 2019 Form W-4 and Instructions Posted.
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This is the final installment of the four-part series highlighting some of the key investigation issues and findings of the Examiner’s report. In this article, the author explores the claim that CEC inappropriately elected to close the Showboat Atlantic City casino and diverted its customers to Harrah’s Atlantic City casino.
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Impact on Expert Witness Testimony Expert witness testimony has played a vital role in both criminal and civil trials in the United States. Testimony from expert witnesses constantly helps judges and jurors reach conclusions in controversial and complex cases. Therefore, the Daubert Standard is important to know and understand in general, and especially as an expert witness. The Daubert Standard helps courts determine whether an expert witness’ testimony during trial should be admitted into evidence.
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The IRS announced relief from late-payment penalties and that it will allow late elections for taxpayers subject to the new Sec. 965 transition tax on deemed repatriated foreign earnings. To read the full article in The Tax Adviser, click: Sec. 965 Transition Tax Penalty Relief Issued.
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Some wealth management firms are finding that solutions to two of the industry’s big stumbling blocks—succession planning and diversity—may be intertwined. Indeed, a link between the two emerged when firms began to diversify their advisor staffs, according to executives. To read the full article in FinancialPlanning, click: Is Diversity the Key to the Succession Plan Challenge?
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If you are on a quest to find the career of your dreams, look no further. Take control of your career with these four tips from Mark Astrinos, CPA, PFS, who shares how he built a career in financial planning as a CPA and emphasizes the need to follow your passion. Be sure to check out this new hub with free guidance, tools and resources to learn more about how you can start or expand your services to individual clients. To read the full article in AICPA Insights, click: Four Ways to Jump-Start the Career You Really Want.
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Business Valuation Comparison Charts A quartet of present and former Standards Board chairs for the National Association of Certified Valuators and Analysts (NACVA) were on hand to harmonize about valuation standards during the 2018 NACVA and the CTI’s Annual Consultants’ Conference at Caesars Palace in Las Vegas, Nevada. During NACVA’s Industry Standards and Ethics Update, and the Around the Valuation World, they discussed the results the NACVA Standards Board’s multi-year study comparing valuation standards promulgated by NACVA, IBA, AICPA, ASA, USPAP, IVSC, RICS, and CICBV. The results of this groundbreaking study were summarized into two comprehensive charts comparing the NACVA…
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Competition (Part Four of a Six-Part Series) The first part of this six-part series provided an overview of the due diligence imperative for valuation professionals, in the context of the Four Pillars of Healthcare Value, i.e., Reimbursement, Regulatory, Technological, and Competitive environments. The second and third installments reviewed the due diligence process related to the reimbursement and regulatory environments, respectively. This fourth installment will review the due diligence process as it relates to competition in the healthcare industry.
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Elder financial fraud happens “at an alarming rate” and is often perpetrated by relatives, said Ted Sarenski, CPA, PFS. Protect against elder financial fraud by safeguarding assets, following scam alerts, and monitoring accounts. To read the full article in The Lifeline Blog, click: Don’t Get Ripped Off! What You Need to Know About Elder Financial Fraud.
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Advisors failing to embrace ETFs will miss out on the next generation of clients. While only 42% of millennial investors say their portfolios currently hold an ETF, 91% say the funds are their investment vehicles of choice, according to Schwab’s annual ETF investor study. To read the full article in FinancialPlanning, click: Interested in Working with Millennials? Start with ETFs.
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Retirees may face a more complicated tax situation than when they were still working. For example, a portion of their Social Security benefits may be taxed at the federal level if their combined income, which is their adjusted gross income, plus any non-taxable interest and 50% of their benefits, exceeds a certain limit. Their retirement benefits may also be subject to state income taxes. Those who reach the age of 70 1/2 will have to take mandatory distributions from tax-deferred accounts that could boost their taxable income. To read the full article in FinancialPlanning, click: Beware of Hidden Taxes in…