Author: Service2Client

Protecting SCOTUS, Veterans in Special Circumstances, Disaster Victims, Potential Firearm Victims, and America’s Water Resources

America's Water ResourcesSupreme Court Police Parity Act of 2022 (S 4160) – In response to potential threats and protests outside the homes of Supreme Court judges following a leak of their preliminary judgement on a case related to Roe vs. Wade, this bill authorizes extra security for the justices and their families. Specifically, Supreme Court justices and their families would be provided with security detail similar to that of other top government officials and families in the executive branch (e.g., the president and vice president) and legislative branch (e.g., Speaker of the House and Senate Majority Leader). This type of detail generally cannot be declined. The bill was introduced by Sen. John Cornyn (R-TX) on May 5. It passed in both the Senate and the House on June 14 and was signed into law by the president on June 16.

Honoring our PACT Act of 2021 (HR 3967) – Introduced by Rep. Mark Takano (D-CA) on June 17, 2021, this bill recently passed in both the House and the Senate, but was returned with changes to the House on June 16. PACT is an acronym for Promise to Address Comprehensive Toxins Act. The bipartisan legislation, with 100 sponsors, would permit veterans who were exposed to burn pit smoke and other environmental hazards that caused cancers and other illnesses during their service, to receive health coverage for those ailments.

Air America Act of 2022 (S 407) – Air America was a government-owned airline deployed between 1950 and 1976 for the purpose of conducting certain covert operations in Southeast Asia during the Vietnam War. This bill is designed to restore benefits to the employees who worked for Air America during that period. Benefit applications must be filed within two years of the bill’s enactment. This legislation was introduced on Feb. 24, 2021, by Sen. Marco Rubio (R-FL). It passed in the Senate on June 14 and is currently in the House for consideration.

Post-Disaster Assistance Online Accountability Act (HR 2020) – Introduced by Jenniffer González-Colón, Resident Commissioner for Puerto Rico (R-PR) on March 18, 2021, this bill establishes a centralized website to publish information on disaster assistance. The Small Business Administration, the Department of Housing and Urban Development and other federal agencies that provide disaster assistance must submit the following information for publication on a quarterly basis: 1) the total amount of assistance provided by the agency; 2) the amount provided that was disbursed or obligated; and 3) a detailed list of all projects and activities to which assistance was allocated. The bill passed in the House on May 13 and is under consideration in the Senate.

Protecting Our Kids Act (HR 7910) – The bill was introduced by Rep. Jerry Nadler (D-NY) on May 31 and passed in the House on June 8. The purpose of this legislation is to ban the sale or transfer of certain semiautomatic firearms to anyone under age 21; establish new federal criminal offenses for gun trafficking; regulate guns that do not have serial numbers (ghost guns); regulate the storage of firearms on residential premises at federal, state and tribal levels; regulate bump stocks under federal firearms laws; and generally prohibit the import, sale, manufacture, transfer and possession of large capacity ammunition feeding devices. The bill is currently facing significant challenges in the Senate, where a bipartisan committee is working on an alternative.

Water Resources Development Act of 2022 (HR 1766) – This legislation authorizes the U.S. Army Corps of Engineers to implement projects associated with water resources development, including water supply and wastewater infrastructure, flood control, navigation and ecosystem/ shoreline restoration. The Act was introduced by Rep. Peter DeFazio (D-OR) on May 16. It passed in the House on June 8 and is currently under consideration in the Senate along with other similar bills.

Tax Break for Commercial Real Estate Investors

Tax Break for Commercial Real Estate InvestorsCOVID-19 impacted the economy dramatically and commercial real estate was no exception in terms of decreased values. Often, the real property could no longer service the debt used to finance it. This debt restructuring and resulting debt forgiveness can result in taxable income.

Taxable Income and Debt Cancellation

If you have a $80,000 loan and the bank reduced the amount you owe down to $50,000, then you have an economic benefit of $30,000, which should be treated as taxable income. This is indeed how cancellation of debt is treated, but there are exceptions such as in the case of bankruptcy or insolvency. There is another unique scenario that applies only to commercial real estate.

Assuming that the taxpayer is not a C-corporation, debt cancellation is excludable from taxable income if it results from qualified real property business indebtedness (QRPBI). QRPBI is debt taken on to buy real property used for commercial purposes. Starting in 1993, debt used for building or improving a property also qualify.

As we all know, there is no such thing as a free lunch. In order for debt cancellation to not be considered current taxable income, the taxpayer must reduce their basis in the real property by this same amount. This does not cancel the income; instead, it defers its recognition and helps cash flow as a result. Below, we look at an example of how this works.

Illustrative Example

Assume David bought a property in 2017 and he uses it for business purposes. In 2022, the property has a first mortgage of $200,000 and a second mortgage of $100,000 (both with the same bank), with a fair market value (FMV) of $240,000. He negotiates with the bank to reduce the second mortgage down to $20,000, resulting in income from the cancellation of debt of $80,000.

The amount of debt cancellation that can be deferred is equal to the amount of the second mortgage before the debt cancellation, less the FMV minus the first mortgage. In David’s case, before debt cancellation, the FMV ($240k) minus the first mortgage ($200k) was $40,000. The balance of the second mortgage ($100k) exceeded this by $60,000. Out of the total debt cancellation of $80,000, this $60k is subject to deferral, with only the remaining $20,000 reported as immediate taxable income.

The $60,000 is not considered as taxable income only to the extent that David has sufficient adjusted tax basis in the depreciable real property to absorb this as a reduction in basis. Assuming this is the case, the reduction in basis applies the first day of the tax year after the debt cancellation (unless the property is sold before year-end – then it applies immediately).

In the example above, David would include the $10,000 of cancellation of debt income on his 2022 tax return and adjust his basis in the real property by $60,000 as of Jan. 1, 2023.

Filing Mechanics

For real estate held via partnerships instead of by individuals, determining if debt is QRPBI qualified happens at the entity level, although reductions of basis are done at the individual level for each partner, allowing individual planning. The election to defer cancellation of debt income is recorded on Form 982.

Conclusion

The COVID pandemic caused many real estate investors to restructure their debts. The option to defer debt income cancellation offers a great tax planning opportunity by delaying taxable income and improving cash flows.

How to Calculate the Cash Conversion Cycle

How to Calculate the Cash Conversion CycleThe Cash Conversion Cycle, also known as the Net Operating Cycle, answers the question, “How many days does it take a company to pay for and generate cash from the sales of its inventory?” However, before an analysis like this can take place, it’s important to consider the company’s primary line of business.

If the company sells software, it’s more challenging to measure performance if it generates revenue primarily on intellectual property – by developing computer code and licensing its use to clients. For online marketplaces, especially those that make the majority of their profits from third-party sellers that manage product sourcing, listing their inventory and shipping products on their own won’t measure the online marketplace’s own inventory. Since these types of businesses don’t act like a manufacturer that produces and sells products to other businesses or the general public, this type of analysis will be less helpful.

To start with the formula for the Cash Conversion Cycle (CCC), it’s calculated as follows:

CCC = Days of Sales Outstanding (DSO) + Days of Inventory Outstanding (DIO) – Days of Payables Outstanding (DPO)

Days of Sales Outstanding, Defined

DSO is the average number of days it takes a company to collect payment once a sale has completed. The beginning and ending Accounts Receivable figures from a fiscal year are added together and divided by 2. Then revenue from the income statement for the entire fiscal year must be divided by 365 days to get a daily average.

DSO = Beginning Accounts Receivable + Ending Accounts Receivable / 2 = Revenue / 365 days

The fewer the days, the better; however, it can’t be so fast that such tight payment terms push customers away.

Days of Inventory Outstanding, Defined

DIO is the average number of days a business keeps its inventory before it’s purchased.

The beginning and ending inventories of a fiscal year are added together and divided by 2 to find an average. The resulting figure is then divided by the daily average of the cost of goods sold over a fiscal year, which is often 365 days.

DIO = Beginning Inventory + Ending Inventory / 2 = Cost of Goods Sold / 365 days

The lower the number, the faster inventory is sold. While there’s nothing wrong with moving it fast, there is the danger that orders might not be able to be fulfilled.

Defining the Operating Cycle

As the CFA Institute explains, putting DIO and DSO together constitutes the Operating Cycle. This is defined as the period of days that it takes a business to transform basic materials and/or goods into stock and obtain money from the completed transaction. When this number is small, it means product is moving and customers have no issue making prompt payments.

Days of Payable Outstanding, Defined

Days of Payable Outstanding determines the number of days a business takes to fulfill its debts to suppliers.

DPO = Beginning Accounts Payable + Ending Accounts Payable / 2 = Cost of Goods Sold / 365 days

Considerations for DPO include finding a balance between how long a business can take to pay their suppliers, but also not missing out on pre-payment discounts or being penalized with late fees, financing charges, etc.

Going Beyond the Results

When analyzing the Cash Conversion Cycle for the right type of company, it can provide great insight into a company’s efficiency in collecting billings; how long inventory is up for sale; and the time it takes to become current with its own suppliers. Depending on the results of the CCC analysis, performing financial analyses can provide insight into not only how the company is performing financially, but why the company is performing financially.

Sources

https://blogs.cfainstitute.org/insideinvesting/2013/05/21/a-look-at-the-cash-conversion-cycle/

Have the Markets Bottomed or is it a Bear Market Rally?

Have the Markets Bottomed or is it a Bear Market Rally?With the S&P down nearly 20 percent and the Nasdaq index down nearly 4,000 points since the beginning of 2022, one could say the indices are in a bear market. While we can’t predict the future, economic indicators can offer some insight into the likelihood of the market’s future performance.

There are many ways to determine how the market might act the next day, week or longer into the future. Looking at sectors and how they’ve performed against the entire market is a good way to see if it’s bottomed out or if it’s time to look at other sectors. Volatility and the near-term expectations are other ways to see how professional investors gauge the market’s future moves. Reviewing the current and expected path of monetary policy and evolving economic indicators are still other ways to determine how markets will likely perform going forward.

The VIX and Market Capitulation

The Chicago Board Options Exchange’s (CBOE) Volatility Index (VIX) or “fear gauge” is one indicator of a market bottom. When investors attempt to hedge their investments, especially when volatility is expected, long options on the VIX can provide an “insurance policy” against falling equity prices. While there have been many levels on the VIX in the mid-30s, it often reaches levels in the 40s, 50s or even potentially higher to see a true bottom or market capitulation. Looking back to the 2008/2009 financial crisis, the VIX spiked to 79.13 on Oct. 20, 2008. Similarly, the VIX spiked to 82.69 on March 16, 2020, during the lows of the COVID-19 crash.

Measuring the Put/Call Ratio

Another indicator to gauge if the market has bottomed is when there’s a large consensus of bearishness. Using the put/call ratio, investors can see the current and past ratios of puts to calls presently held in the market. As the number of puts increase relative to call options, or the number of contracts betting stocks will increase in price over time, it indicates the market movers are expecting a down-turn in the markets. As the put/call ratio rises, it implies investors are feeling more and more bearish about the markets. When the ratio hits an extreme, higher implying a market bottom and lower implying a market top, investors are signaling they are nearing a turn in the markets.

Analyzing Moving Averages

When it comes to moving averages (a 50-, 100- or 200-day, for example), it can help establish trends for stock price action. Depending on the moving average used, the lower the number of stocks above or below a particular moving day average, the sector’s or index’s strength and direction can be measured. When it comes to measuring an index or a sector with a moving average, if a trend is showing more stocks are declining and staying below a moving average, it gives investors a sign of bearishness. If a big percentage, such as 70 percent or 80 percent of an index or sector, is below a particular moving average, this can indicate it may be forming a bottom or oversold conditions.

The Federal Reserve and Managing Inflation

According to the Federal Reserve Bank of San Francisco, the historic range for the federal funds rate grew from 11 1/3 percent to 11 3/4 percent based on decisions from the September 1979 Federal Open Market Committee (FOMC) meeting. The Oct. 6, 1979, FOMC meeting created a four percent range for the federal funds rate (11.5 percent to 15.5 percent). By the end of 1979, the federal funds rate was nearly 14 percent, reaching 17.60 percent during 1980. Then January 1989 saw a recession due to the Fed changing reserve requirements, adding on additional fees for loans directly from the Fed, and promoting the economy to be more judicious in obtaining new loans. These changes led to interest rates rising toward the end of 1980, creating another recession in July 1980. While unemployment increased, inflation fell to four percent as 1982 closed out, compared to inflation running 14.6 percent annually between May 1979 and April 1980.

Immediately before the Oct. 6, 1979, FOMC meeting, the S&P 500 index hit a peak of 111.27 at closing the day before. Following a trend that began the Monday after the FOMC meeting, it eventually hit a “double-bottom”: 100 on Oct. 25, 1979, and then 99.87 on Nov. 7, 1979. It eventually reached a high of 118.44 on Feb. 13, 1980, before falling back to its last lows on March 27, 1980, to 98.22, and then eventually seeing an upturn.

While there are many economic, technical and fundamental indicators to gauge the direction of the stock market, taking a comprehensive approach to analyze the markets is not foolproof and risk can be mitigated only to a certain degree.

How Social Security Benefits Are Affected by Earned Income

How Social Security Benefits Are Affected by Earned IncomeThanks to the Great Resignation trend over the past year, there is a high availability of jobs. Therefore, now is a good time for retirees who would like to go back to work to ease into the job market. However, if you’ve already begun drawing Social Security benefits, you should understand how earning income will affect those payouts.

First of all, you have two options if you’d like to stop receiving Social Security. One option is available only if you’ve been drawing benefits for a year or less. In this case, you may cancel your application; but be aware that you must repay all the benefits that you and your family have received to date. That includes spousal benefits and even Medicare premiums that were deducted from your payout. You will still be able to reapply for Social Security later.

The second option is available only if you have reached full retirement age but have not yet turned 70 years old. In this case, you may request to have your Social Security payouts suspended.

There are two benefits associated with these strategies: 1) foregoing Social Security income will likely reduce your tax bill; and 2) your Social Security benefits will start accruing again based on the delay and calculations that include your new wages.

However, you may continue receiving Social Security while you work, which could be important if your spouse is receiving benefits based on your earnings record. Under this scenario, a portion of your benefit may be withheld or even subject to higher taxes. It all depends on how much you earn. If your annual income is $19,560 or less (2022), it won’t impact your Social Security benefits.

Note that only wages from a job or self-employment count toward your Social Security income limit for withholding purposes. Distributions you receive from pensions, annuities, investment income, interest, veterans benefits or other government or military retirement benefits are not considered earned income.

Once your income totals more than $19,560, the impact depends on your age. If you have not yet reached “full retirement age,” Social Security will withhold $1 in benefits for every $2 you earn over the limit.

During the year you reach full retirement age, your annual total earnings limit increases to $51,960 (2022), and the subsequent benefit reduction drops to $1 for every $3 you earn over that amount. In fact, they count only how much you’ve earned up to the month before your birthday – not what you end up earning in a whole year. Once you’ve reached full retirement age, it doesn’t matter much how you earn, there will no longer be any withholding of benefits.

Better yet, starting in January of the year after you turn full retirement age, regardless of whether you continue working or not, your Social Security benefit will increase to reflect any previously withheld benefits due to your income exceeding the limit. And if the years you subsequently worked rank among your 35 highest earning years, your payout will increase even more to reflect a higher benefit calculation (since you paid FICA taxes on that income).

Tax Considerations

In the case of all beneficiaries, at least 15 percent of Social Security income is exempt from federal income taxes. Be aware though, that for tax purposes, your reportable income includes half of your Social Security benefit plus all other forms of income, such as a job, pension or investment income. If your total annual income is between $25,000 and $34,000, then as much as 50 percent of your Social Security benefit is taxable. If you earn more than $34,000 in a year, then up to 85 percent of your Social Security benefit is subject to taxes.

This is a general overview of what happens to your Social Security benefits when mixed with earned income. There are additional details, so it’s a good idea to work with a Social Security expert to decide if you should cancel or suspend payouts, and to understand how your income and tax situation may be impacted by going back to work.

With that said, if your portfolio has taken a beating this year, you might want to stop investment distributions for now and give it time to grow. Fortunately, the United States is currently enjoying a robust job market in which highly experienced candidates can negotiate a flexible work schedule, job site and higher salary, so it may be worth it to go back to work for another year or two to help secure your long-term retirement plans.