Category: Blog

How to Account for Capital Assets

4 min read

Capital Assets, Accounting for Capital AssetsWhen it comes to accounting for capital assets, specifically depreciating capital assets, the Governmental Accounting Standards Board (GASB) provides guidance to state and local governments for accounting processes. The GASB is responsible for the generally accepted accounting principles (GAAP) for the private sector (corporate and business accounting), and it works to promote clear, consistent, transparent, and comparable financial reporting.

One of the three primary GASB pronouncements that impact how these agencies manage their fixed assets includes Statement No. 34, which requires all government entities to use accrual accounting. In addition, such entities must depreciate their capital assets according to its guidelines.

Under the section titled “Basic Financial Statements and Management’s Discussion and Analysis for State and Local Governments,” Statement No. 34 mandates when entities must comply depending on the entity’s annual revenues. Entities with $100 million plus must comply beginning with their first fiscal year after June 15, 2001. Entities with annual revenues of between $10 million and $100 million must comply starting with their first fiscal year post-June 15, 2002. Entities with annual revenues of up to $10 million must comply by their first fiscal year after June 15, 2003.  

Capital Assets Overview

The first step in determining a capital asset is to ensure it has a useful life greater than a single reporting period. Examples of capital assets include vehicles, easements, buildings, land and land improvements, and infrastructure (tunnels, bridges, roads, lighting systems, etc.). When defining infrastructure, it must be something that can be used for the long term; generally is stationary, and when a building is looked at, it’s included only if the building is integral to a network of infrastructure assets.

When it comes to reporting capital assets, they should be reported at their historical costs (inclusive of installation and freight charges). For donated assets, they should be recorded at their fair market value at time received.

Depreciation Expense Reporting Considerations

When an asset is identified with a specific function, it’s recommended to be a direct expense. This includes appropriate assets that are attributable to a unique department or role. If the asset is used by many different departments and there are depreciation expenses, they should be proportionate to how each department uses the respective assets. Additionally, if an asset function across multiple departments or across citywide functions, its depreciation expense is not categorized as a direct expense but rather as a separate line in the Statement of Activities.

Whether it’s straight or declining balance methods (such as double declining balance and 150 percent declining balance), it is done over the asset’s useful life. When it comes to determining an asset’s useful life, government entities can base their calculations on their own past internal experience for similar needs, how other government entities treated similar asset classifications that are publicly available, or industry or professional organization’s published guidelines. Condition and the expected service life are two important factors to be considered.

Another important factor in how depreciation is calculated depends on how assets themselves are classified. For example, it can be done through the following lenses:

  • Individual assets
  • Classes of assets
  • Networks of assets
  • Subsystems of a network of assets

Looking at the last two ways to analyze these assets for depreciation, rural roads, state highways, and Interstate highways can be broken down into three discrete systems, also referred to as a subsystem of the network. However, if all three different transportation systems are grouped together, the bigger system would be a network of infrastructure assets or a network of assets.

With capital assets expected to be a part of governments’ budgets, understanding the intricacies is essential to ensure standards are met.

Compensating Service Members and Establishing Rules and Procedures for Ethical Matters

3 min read

S 467,S 777,S 30,S 822,S 829,S 359,HR 3831CADETS Act (S 467) – This bipartisan bill was introduced on Feb. 16 by Sen. Gary Peters (D-MI). The purpose of this bipartisan bill is to change the age requirements (previously limited to age 25 and younger) for the Student Incentive Payment Program. This program provides financial support to cadets of state maritime academies who enlist or commission in the Navy Reserve at the time of their graduation. The bill passed in the Senate on March 29 and in the House on June 14. It was enacted on June 30.

Veterans’ Compensation Cost-of-Living Adjustment Act of 2023 (S 777) – This bipartisan bill, which was signed into law on June 14, requires the Department of Veterans Affairs to increase the amount of wartime disability compensation by the same percentage as the cost-of-living increase benefits for Social Security recipients, effective on Dec. 1, 2023. The bill also authorizes a similar adjustment to compensation for people who have not received compensation for a service-connected disability or death. The bipartisan bill was introduced by Sen. Jon Tester (D-MT) on March 14.

Fiscal Year 2023 Veterans Affairs Major Medical Facility Authorization Act (S 30) – This Act authorizes the development of and funding for major medical facility projects by Department of Veterans Affairs during this fiscal year. The bill was introduced by Sen. Jon Tester (D-MT) on Jan. 24. The legislation was passed in the Senate on March 21, in the House on June 20, and was signed into law by President Biden on July 18.

Modification to Department of Defense Travel Authorities for Abortion-Related Expenses Act of 2023 (S 822) – Introduced by Sen. Joni Ernst (R-IA) on March 15, this bill would reverse the Pentagon’s new policy of paying for travel if a military service member goes outofstate for access to reproductive health care. The new rule was in response to recent state laws that functionally banned abortion in locations where military bases are located. Support for the Act is generally split among partisan lines, with Republicans advocating and Democrats opposing. A similar bill has been introduced in the House. The Senate bill is currently under committee review.

Disclosing Foreign Influence in Lobbying Act (S 829) – This bill was introduced in the House by Sen. Chuck Grassley (R-IA) on March 16. It mandates that registered lobbyists must disclose their relationship with any foreign countries or political parties involved in the direction, planning, supervision or control of the lobbyist’s activities. This bipartisan bill (co-sponsored by four Democrats, two Republicans and one Independent) passed in the Senate on June 22. It has been forwarded to the House for consideration.

Supreme Court Ethics, Recusal and Transparency Act of 2023 (S 359) – This Act is designed to strengthen the code of ethics to restrain inappropriate activities of U.S. Supreme Court Justices. Provisions of the bill include expanding circumstances under which a judge must be disqualified; adopting rules for the disclosure of gifts, travel and income received by the justices and law clerks; and establishing procedures to receive and investigate complaints of judicial misconduct. The bill was introduced on Feb. 9 by Sen. Sheldon Whitehouse (D-RI) and is awaiting a formal report out of committee.

AI Disclosure Act of 2023 (HR 3831) – This legislation, introduced on June 5 by Rep. Ritchie Torres (D-NY), would require that any content produced by AI (which includes ChatGPT) be accompanied by a disclaimer that reads: “This output has been generated by artificial intelligence.” The bill has yet to be assigned to committee for review.

Insider Threats: Identifying, Mitigating and Preventing Internal Security Risks in Organizations

4 min read

Insider ThreatsOne of the most devious and often underestimated dangers in cybersecurity comes from within an organization. These dangers originate from individuals within the organization who have access to sensitive data and systems, making them potentially dangerous adversaries capable of causing significant harm. Understanding, identifying, mitigating, and preventing these internal security risks are paramount for safeguarding an organization’s assets and preserving its integrity.

What is an Insider Threat?

Insider threats are security risks posed by employees, contractors, vendors, or anyone who has access to an organization’s data or systems. Accidental or intentional insiders cause internal threats. An accidental insider could unknowingly cause breaches due to negligence, human error or falling prey to social engineering tactics. For example, an employee clicks on a link in a phishing email, causing a malware infection.

On the other hand, insiders can intentionally engage in data theft, sabotage, or intellectual property theft, driven by motives such as financial gain, revenge or espionage.

A good example took place in May 2022 when a Yahoo employee stole trade secrets after receiving a job offer from The Trade Desk, a competitor. Another example is that of an employee fired from Stradis Healthcare who hacked into the former employer’s network in March 2020 and deleted critical shipping data.

According to the 2023 Insider Threat Report by Cybersecurity Insiders, 74 percent of organizations say insider attacks have become more frequent. The same percentage of organizations also believe they are at least moderately vulnerable to insider threats.

Experts attribute the rise in insider threats to various factors, including the effect of economic instability leading to businesses focusing on revenue growth and leaving gaps in security investments. There also has been an increase in layoffs in the tech industry that can result in disgruntled ex-employees doing damage as they leave the workplace. Overworked employees also might cut corners that create security issues, such as configuration, system access or unused accounts. Insider threats are also made more complex as many organizations migrate their workloads to the cloud, introducing new challenges.

How to Identifying Insider Threats

Insider threats are difficult to detect. However, it helps to look out for compromise indicators such as inappropriate behavior. Here is a more specific list of red flags:

  • Unusual access and log in, especially from an insider who doesn’t have certain access rights to data or systems.
  • Abnormal network search activity for sensitive information on networks, intranets, databases, or applications.
  • Unusual copying or downloading of sensitive information to an unauthorized destination such as email or removable media.
  • Misuse of tools, either foreign or installed. Detecting unfamiliar tools on a system is a compromise indicator. However, a savvy insider may even use trusted enterprise tools to execute an attack. In such a case, behavior such as access to a system outside regular working hours or access from unusual locations could indicate a compromise.
  • Unwillingness to comply with security policies. Employees who consistently disregard security protocols and policies might pose a risk to the organization’s security.

Mitigating Insider Threats

Proactive measures that can help mitigate insider threats include:

  • Employee training and awareness: Conduct regular security awareness and training programs to educate employees about the significance of insider threats and their role in preventing them.
  • Role-based access control: Implement a robust access control model that ensures individuals have access to only the resources required for their specific job roles, reducing the potential impact of an insider breach.
  • Behavioral analytics: Employ advanced analytics tools to monitor user behavior and detect inconsistencies that could indicate suspicious actions.
  • Develop clear exit procedures: these include the revocation of access privileges and retrieval of company-owned devices and sensitive information from employees leaving the organization.
  • Continuous monitoring and adaptation: Insider threats keep evolving, necessitating ongoing monitoring and constant adaptation of new security measures.

Preventing Insider Threats

  • Conduct comprehensive background checks and verify references during the hiring process to minimize the risk of malicious insiders entering the organization.
  • Ensure employees have proficient skills in deploying and managing complex cloud solutions.
  • Encourage open communication, foster mutual trust, and support employees to reduce the likelihood of disgruntlement.
  • Extend security considerations to contractors, suppliers, and partners with access to the organization’s data or systems.
  • Implement endpoint security solutions to monitor and analyze activities on user devices such as workstations or laptops.

Conclusion

While staying alert for cyberattacks from outside is critical, organizations must not forget that the most significant risk can come from inside the business. Even with the most comprehensive cybersecurity defenses against external hackers, failing to create proactive measures for internal security leaves critical assets open to hidden dangers within the organization’s walls.

Organizations such as the Cybersecurity and Infrastructure Security Agency (CISA) provide information and resources to assist in developing new or improving existing insider threat mitigation programs.

2023 Sales Tax Holidays for Back-to-School Shopping

3 min read

2023 Sales Tax Holidays for Back-to-School ShoppingNow that we are heading into the backend of summer, it’s time for many states to host their annual sales tax holidays for returning to-school shopping. Numerous states with sales tax (remember, not all states have a sales tax) provide the reprieve to help families with the cost of annual school supplies and clothing.

According to the National Retail Federation, nearly 80 percent of shoppers are expecting increased costs this year versus last year; so more than ever, consumers are looking for ways to save. Furthermore, about two-thirds of back-to-school shoppers take advantage of these tax-free shopping periods.

The vast majority of states offer some type of tax-free shopping for a limited time period, frequently taking place over a weekend. Below, we will look at each state that offers a sales tax holiday for back-to-school shoppers, along with their details. Note that several states, including Alabama, Mississippi, and Tennessee, have their programs in July – and those are excluded from this article due to the timing of publication.

State Programs

Arkansas: From Aug. 5-6, the following items are tax-free for shoppers: clothes and shoes under $100 per piece, fashion accessories $50 and less per piece, as well as electronics, art, and school supplies.

Connecticut: From Aug. 20-26, clothes and shoes priced at $100 or less per piece are tax-exempt. Fashion accessories and sports gear are fully taxable, though.

Iowa: Aug. 4-5, clothes and shoes priced at $100 or less per piece are exempt.

Maryland: From Aug. 13-19, clothes and shoes priced at $100 or less per piece are exempt.

Missouri’s back-to-school tax breaks come Aug. 4-6. Clothes that cost less than $100 per piece are exempt. Also tax exempt on a “per purchase basis” are school supplies under $50, software under $350, and PCs under $1,500.

New Jersey: From Aug. 26 to Sept. 4 all art supplies, instructional materials, school supplies, and sports equipment sold to individuals are sales tax exempt. In addition, computers priced at $3,000 or less are also tax-free.

New Mexico cuts its sales tax charges from Aug. 4-6. Included are clothes, shoes, and backpacks costing $100 or less per piece; school supplies costing $30 or less per piece; and computers costing less than $1,000.

Ohio’s back-to-school deals are during Aug. 4-6. Clothes costing $75 or less per piece; school supplies less than $20; and other instructional materials priced at $20 or less are all tax-free.

Oklahoma from August 4-6; only clothes and shoes costing $100 or less per piece are exempt.

Texas: During Aug. 11-13, clothing, footwear, school supplies, and backpacks priced below $100 per piece are exempt. The exemption applies to both brick-and-mortar sales and those made online or via catalog.

West Virginia: From Aug. 4-7, no sales tax is charged for clothing priced at $125 or less; laptops and tablets costing $500 or less; school supplies purchased for $50 or less; and also certain sports equipment costing $150 or less.

Expirations and Details

If you notice, most states have an exemption for clothes and footwear in a moderate price range. Some are more liberal with their exemptions, while others offer a tax break on a broader scope of items, such as electronics and supplies.

Keep in mind that a few states’ sales tax holidays are permanent, while others are temporary. Also, remember that certain states are very specific about what is exempt from sales tax, so visit your state’s tax revenue website for details. It’s also important to note that some states allow counties or towns to exempt themselves, so check for this provision as well.

How Businesses Can Identify and Increase Efficiency with Managerial Accounting

3 min read

Managerial Accounting, What is Managerial AccountingManagerial accounting is a form of internal reporting that helps business owners and others involved in the organization’s decision-making. It looks at individual processes and products to see how they are functioning via practical data points. This is done in hopes of applying data analysis to improve the business’ operational efficiency.

It is important to keep in mind the intended audience and data structure with regard to managerial accounting versus financial accounting. While managerial accountants analyze information, it is not subject to GAAP requirements; however, financial accountants must present company information according to GAAP standards – and such information is often intended for external consumers like investors or lenders.

Measuring Inventory Levels

One way that businesses turn to managerial accounting is through scrutinizing their inventory turnover. Companies that analyze how often they have sold and replenished their inventory over a measured time period can make better decisions about their inventory cycle (production, buying new input materials, marketing, and pricing). Managerial accounting professionals help businesses identify the carrying costs of inventory. It’s expressed as follows:

Inventory Turnover = Cost of Goods Sold (COGS) / Average Value of Inventory

Higher ratios usually indicate greater company sales. Lower sales generally indicate there are problems with product or service demand.

Monitoring Outstanding Accounts Receivables

Analyzing accounts receivable can provide beneficial insights into a business’ bottom line. An accounts receivables (AR) aging report categorizes AR invoices based on how long they have been outstanding. The report can categorize how late payables are (30 days or less, 31-60 days, 61-90 days and so on). Based on the results, companies can look at historical data, along with projected sales, to figure out how much they need to allocate for uncollectable accounts. Companies also can proactively reduce credit limits, determine when it’s time to stop doing business with a customer/client, and send unpaid bills to collection.

Price Variance Considerations

When a business looks at price variance, the first step is to take the final price paid for each unit, then subtract the unit’s standard cost from the former figure. The resulting figure is multiplied by however many units were actually bought. It’s a way for managerial accountants to determine the difference, either a positive variance (increased costs above the standard price) or a negative variance (decreased costs relative to the standard price), between the cost planned and the cost at the time of purchase.  

The formula is expressed as follows:

Price Variance = (Actual Price – Standard Price) x Actual Quantity

If a business is planning to make a purchase for its next fiscal year, it may want only 5,000 widgets that cost $10 per widget. The business gets a bulk discount of $1 per widget, bringing it down to $9 per widget. However, when the time to purchase the 5,000 widgets comes along, it realizes it only needs to purchase 3,500 widgets. At the quantity of 3,500 widgets, the business won’t receive the bulk discount, reverting the cost back to $10 per widget, creating a variance of $1 per unit or widget.

Using the formula, it could be expressed as follows:

Price Variance = ($10 – $9) x 3,500 = $1 x 3,500 = $3,500. Since circumstances changed at the business between their initial planning and ultimate purchase time-frame, the price variance resulted in $3,500.

While managerial accounting has many different tools for analysis, the one common thread is that regardless of the tool used, managerial accountants help businesses find higher levels of operational efficiency.

New Personal Finance Provisions in the 2.0 Secure Act

4 min read

2.0 Secure ActThe Continuing Appropriations Act, enacted at the end of 2022, included several provisions that impact retirement plans going forward. Specifically, the legislation enacts SECURE 2.0, an updated version of the Setting Every Community Up for Retirement Enhancement Act of 2019. The following provisions are financial planning considerations that affect individuals.

Increases Catch-up Contributions

Beginning in 2024, catch-up contributions to employer retirement plans made by employees who earn more than $145,000 a year (regularly adjusted for inflation) must be classified as after-tax Roth contributions. This is necessary for eligible plans to retain their tax-favored status.

Starting in 2025, catch-up contributions for participants ages 60 to 63 will increase from $7,500 to $10,000 per year for contributors in most qualified retirement plans. Beginning in 2026, the new catch-up contribution will be indexed to inflation.

Allows Employer Contributions to Roth 401(k)

Employers are now able to make post-tax contributions to a Roth option in an employee’s 401(k) plan. Employers also may open a Roth account option in SIMPLE, and SEP IRA plans for employees.

Expands Emergency Distributions from Retirement Accounts

Starting in 2024, there will be a new exception to the rule for early withdrawals from qualified retirement accounts. Distributions used for unforeseeable events, such as a personal or family emergency, will not be subject to the 10 percent early withdrawal penalty. However, the rule applies to only one distribution per year and only up to $1,000. The plan member has the option to repay the distribution within three years. Absent full repayment, no further emergency withdrawals may occur during those three years.

The provision also waives the withdrawal penalty on any amount for individuals certified by a physician to have a terminal illness.

Increases Age for Required Minimum Distributions (RMD)

Starting in 2023, the age that triggers required minimum distributions (and their requisite income tax liability) from qualified retirement accounts increases from 72 to 73. Starting in 2033, the trigger age raises to 75. The RMD rule apples to 401(k), 403(b) and 457(b) plans). Also, starting in 2024, Roth 401(k) accounts will no longer require RMDs.

Reduces Excise Tax on Noncompliant RMDs

If an investor is required to start taking minimum distributions and does not take out the required amount in a single year, he is subject to a tax on the amount not distributed. The tax used to be 50 percent, but starting in 2023, it was reduced to 25 percent. Moreover, if the account owner corrects the course and takes the full distribution within a certain window of time, the tax may be further reduced to only 10 percent.

Allows Emergency Savings Accounts

Starting in 2024, the legislation permits employers to offer an emergency savings account option within its retirement plan. The following provisions apply:

  • Employee contributions are made with after-tax income
  • There is an annual cap of $2,500
  • Participants may make at least one withdrawal per month
  • Up to four withdrawals per year are not subject to fees
  • Emergency savings may be held in an interest-bearing cash-equivalent account
  • Employers may match contributions, but those must be deposited to the participant’s retirement plan investment, not the emergency savings account.
  • The emergency account is portable when the participant leaves the employer and can be rolled into a Roth-defined contribution plan or IRA

Permits Employer Match for Student Loan Payments

Presently – through 2025 – employers may contribute up to $5,250 (tax-free) a year toward worker student loan payments. Starting next year, employers have the option to classify those loan payments as contributions to the company retirement plan, such as a 401(k). This allows workers with student loans the opportunity to pay down that debt with their own income and still receive an employer match toward their retirement plan – so they don’t have to choose one or the other.

Purchase Acquisition Accounting

3 min read

Purchase Acquisition Accounting, What is Purchase Acquisition AccountingPurchase acquisition accounting is the commonly accepted method to document the acquisition of another business on the balance sheet of the acquiring company. The business’ assets that are being acquired are documented on the acquiring firm’s books at fair market value. The fair market value – defined as what assets would go for on the open market between a buyer and seller on the acquisition date – would increase the overall value of the acquiring company.  

The purchase accounting adjustment re-assesses the acquired business’ liabilities and assets to fair value. Required under GAAP and IFRS, re-assessed items include intangibles, inventories, and fixed assets. Adding intangible assets, like non-compete agreements or customer rosters, to the acquiring company’s books will impact how assets and liabilities are valued because these items were not originally accounted for by the acquired company.

Potential accounting outcomes from an acquisition include depreciation and inventory considerations. Depreciation strategies, such as going beyond straight-line depreciation, will need to be examined and strategically implemented because fixed assets with higher valuations will have accounting implications. For inventory that is re-assessed with higher valuations, the cost of goods sold will increase upon sales for the acquiring company.

Looking forward, the purchase accounting adjustments often affect the business taking ownership of recognizable non-cash expenses. The company buying the other company out can see major losses from these recognizable non-cash expenses prior to the business completing the amortization of the underlying intangible assets. Companies, chiefly publicly traded ones, are encouraged to discuss the losses in financial documents to illustrate their impact on forward guidance.

According to ASC 805 and GAAP, in order to be considered a business combination, certain criteria must be met. According to the CPA Journal, businesses must evaluate if the transaction in question meets the distinctions between acquiring another business versus acquiring assets only. It’s important to distinguish between the two because if an asset acquisition occurs, the transaction is processed via a cost accumulation standard. However, if the transaction in question qualifies as a business acquisition, meeting ASC 805 criteria, it uses a fair value standard.

The primary way to determine in which category a transaction may be classified is to see if it fits the business definition. Based upon FASB’s January 217 Accounting Standards Update (ASU) 2017-01, Clarifying the Definition of a Business, the following explanation is provided.

According to FASB, to be considered a business for this business acquisition accounting purpose, a company is defined as a group or collection of tasks that encompass “an input and a substantive process.” Though it’s important to note that the fair value of the collection is not centralized in one or multiple assets. The inputs and processes generally result in services and/or goods to buyers and repayment to stakeholders. It also may apply to companies that don’t presently produce outputs.

When it comes to a business acquisition, having accountants that understand the intricacies of navigating the process is essential for a business to emerge more streamlined after integrating assets.

Raising the Debt Ceiling, Protecting Air Travel and Repealing the Iraq AUMF

3 min read

Raising the Debt Ceiling, Protecting Air Travel and Repealing the Iraq AUMFFiscal Responsibility Act of 2023 (HR 3746) – This Act represents a compromise reached by House Republicans and President Biden. Republicans negotiated concessions in exchange for voting to raise the debt ceiling to maintain the solvency of the federal government. These concessions included universal cuts to federal spending, the suspension of student loan repayments that began during the pandemic, additional work requirements for some Supplemental Nutrition Assistance Program (SNAP) and Temporary Assistance for Needy Families (TANF) recipients, and suspending the current $31.4 trillion debt ceiling until 2025. The bill was introduced by Rep. Patrick McHenry (R-NC) on May 29. The legislation was passed in the House on May 31, in the Senate on June 1, and signed into law on June 2 – just in time to avert the global financial crisis, it would have triggered by June 5.

NOTAM Improvement Act of 2023 (HR 346) – This bill was introduced in the House by Rep. Pete Stauber (R-MN) on Jan. 12. This Act instructs the Federal Aviation Administration (FAA) to establish a federal NOTAM system (notice to air missions, as required by international or domestic law) as well as an accompanying task force. The task force is directed to evaluate existing regulations, policies, systems, and international standards relating to NOTAMs; determine best practices, and make recommendations to improve the publication and delivery of NOTAM information. This bill passed in the House on Jan. 25, passed with changes in the Senate on May 9, finalized in the House on May 22, and was signed by the president on June 3.

A bill to amend the Tariff Act of 1930 to protect personally identifiable information and for other purposes (S 758) – This bill would require the Treasury Department to remove personal traveler information, such as Social Security and passport numbers, from transportation manifests before they become accessible to the public. The bipartisan bill was introduced by Sen. Steve Daines (R-MT) on March 9 and passed in the Senate on the same day. It is presently under review in the House.

A bill to repeal the authorizations for the use of military force against Iraq (S 316) – The purpose of this bipartisan bill is to repeal a decades-old AUMF (Authorization for Use of Military Force) against Iraq. This repeal restores Congress’ constitutional responsibility to undertake the traditional process for approving the use of military force. The bill was introduced on Feb. 9 by Sen. Tim Kaine (D-VA) and was co-sponsored by 31 Democrats, 12 Republicans, and three Independents. The bill passed in the Senate on March 29 and is currently under consideration in the House.

Administrative False Claims Act of 2023 (S 659) – Introduced by Sen. Chuck Grassley (R-IA) on March 6, this bill would modify the current provisions of fraud committed against the federal government. The current maximum fraud claim is $150,000; the bill would raise that limit to $1 million, as well as enable the federal government to recoup expenses related to the investigation and prosecution of each case. The Senate passed the bill on March 30 before sending it to the House, where it awaits a vote.

What Actions Can Data-Breach Victims Take?

4 min read

What Actions Can Data-Breach Victims Take?Over the years, millions of individuals have been affected by data breaches, where their sensitive data is accessed by unauthorized cybercriminals or publicly exposed. A data breach can result in huge financial loss if stolen data is used to compromise consumer identity, which also can affect a credit score.

Unfortunately, there is a great number of people who don’t know what to do if affected by a breach. At the same time, there are those in the know who do nothing.

What is a Data Breach?

A data breach is a cyber security incident that exposes sensitive data such as names, contact details, bank details, Social Security numbers, etc.

Data breaches are the work of criminals who aim to obtain specific data. Criminals do this through various methods, including phishing attacks, malware attacks, targeted attacks, vulnerability exploits, and loss or theft of devices. However, data breaches are also a result of technical or human errors. For example, a misconfiguration error exposed the car location data of 2 million Toyota customers in Japan and overseas for 10 years; and the work of an insider led to Tesla’s massive data breach.

Unfortunately, data breach cases keep rising. May 2023 alone saw numerous breaches from different organizations, including healthcare organizations, education institutions, the transportation department, and even tech giants.

For companies, the consequences of data breaches are reputation damage, loss of consumer trust, intellectual property theft, financial loss, and fines due to failure to conform with data protection legislation. While cyber criminals mainly target organizations, individuals also experience identity theft and financial crimes. This especially happens when stolen data is sold on the dark web or publicly published.

What action can data-breach victims take?

Unfortunately, no one is immune from a data breach. However, victims can survive a breach with less disruption. Once a data breach has occurred, the U.S. breach notification law requires businesses or governments to notify those affected immediately after its discovery.

Although companies are responsible for securing customer data in their possession, customers also have a role to play in securing their data. Essential steps to take include:

  • Being aware of any site claiming to be a data breach check site.
    Such sites could ask for personal information or ask a victim to click a link to verify their details. Hackers also take advantage of a breach and pose as the affected company to lure victims into clicking malicious links, primarily through emails. A user must, therefore, first confirm that a breach happened. This can be in the news or on the affected company’s website.
  • Change passwords for accounts exposed.
    In most cases, affected companies will notify victims of their affected accounts, and their security team will provide instructions on how to stay safe. Such instructions include changing passwords on the breached site or any other account that uses similar login credentials.
  • Set up two-factor or multi-factor authentication (2FA/MFA).
    This extra security measure will require a one-time user code to log in to an account in addition to the login and password.
  • Notify the bank.
    If financial-related data is stolen, such as credit card information, the bank must be notified immediately to freeze the cards.
  • Credit freeze.
    Cybercriminals can use stolen data to open new accounts and take loans. To avoid a ruined credit score, individuals can request a credit freeze from major credit bureaus such as Experian, Equifax, and TransUnion.
  • Monitor personal accounts for any unusual transactions.
    Although it depends on the type of data breach and exposed data, victims must look out for unauthorized transactions, including bank account transactions, medical bills, insurance claims, and tax refund claims.
  • File a report with the Federal Trade Commission (FTC).
    If criminals have already used personal data, filing an identity theft report will serve as proof to clear one’s name or dispute a fraudulent transaction.
  • Practice cyber hygiene.
    These are practices that help individuals remain safe online. Aside from account security, consumers must use up-to-date software and operating systems, antivirus software, and avoid publishing too much personal information to minimize online footprints that fraudsters can easily access, such as on social media.

It is worth noting that data breaches are not detected immediately, which means that by the time users get notified, cybercriminals already have had access to the data for some time. And as technology advances, cybercriminals are taking advantage of new technologies, such as generative AI, for phishing attacks. This means that more data breaches may continue to be witnessed.

However, users can help prevent future data breaches by using strong passwords, being cautious of phishing scams, and regularly monitoring financial accounts.

Increased Tax Bills Hitting Private Companies Big and Small

3 min read

Increased Business Taxes 2023, New Business Taxes 2023Private companies, both large and small, are feeling the tax pinch due to changes in the law. With rampant inflation, labor shortages, lingering supply chain issues, and increased borrowing costs due to rising interest rates, tax problems are the last thing struggling companies need to face.

While tax rates themselves remain largely unchanged, business taxable income is increasing due to changes in three main deduction areas: research and experimental (R&E) capitalization; interest expense deduction calculations; and a reduction in bonus depreciation. All of these provisions were made more liberal in the Tax Cuts and Jobs Act (TCJA) of 2018 but with a wind-down over a 10-year period.

Part of the problem is that these tax law changes can increase a business’s overall tax burden even though there have been no operational changes to the business, leaving less profits than prior years, with all other factors being equal. Below, we look at each of the three tax provisions, the changes coming, and the impact on businesses.

Stricter Interest Expense Limitations

Tax code section 163(j) limits the amount of business interest expense to 30 percent of adjusted taxable income. The 30 percent limit remains unchanged, but the basis of what constitutes “taxable income” as part of the calculation is becoming tighter.

From 2018 through 2021 year-end, businesses were allowed to add back depreciation, amortization, and depletion in coming up with their adjusted taxable income that underlies the calculation. As a result, for 2022 and onward, without these add-backs, the taxable income on which the 30 percent limit is applied will be lower, resulting in smaller interest deductions.

Given that borrowing rates have gone up substantially with increases by the Federal Reserve over recent years, businesses are now hit from two sides at once. They are likely to have higher interest costs but can take less as a deduction.

Research and Experimental Capitalization

At one point, business investments in research and experimentation under the TCJA were 100 percent deductible. Starting with 2022 and after, they need to be capitalized over a five-year period (15 years for foreign R&E).

Bonus Depreciation Decreases

Under the TCJA, bonus depreciation allowed immediate expensing and deduction of qualified investments in property and equipment up through the taxable year-end of 2022. Starting with property and equipment investments placed in service in 2023, however, bonus depreciation is reduced from 100 percent down to 80 percent and decreases by an additional 20 percent each year until the taxable year 2027. From 2027 onward, there will be zero bonus depreciations available. This will not only increase taxes, but it will also put a hamper on capital investments, rippling through the economy.

Conclusion

There is already chatter about extending some of these provisions, especially regarding bonus depreciation. Optimism on changes or extensions of these tax provisions should be taken cautiously, however. Many predicted that tax bill extenders would be in place before the end of 2022, but that never came to fruition. Right now, businesses are in a wait-and-see situation, with the threat of materially higher tax bills unless Congress does something.