sumnews Volume 22 Number 2 Spring 2011 10 IRS Hiring Agents in Abusive Transactions Group Looking to the Future of Forensic Accounting How to Fire a Client Your Investment in Marketing is an Investment in the Future of Your Firm Becoming Your Clients’ Trustee This issue is sponsored in part by: 4 15 18 23 25 sumnews MSCPAonline.org MSCPA@MSCPAonline.org Tel: 617.556.4000 or 800.392.6145 Fax: 617.556.4126 105 Chauncy Street, 10th Floor Boston, MA 02111 Table of Contents 2010–2011 Board of Directors Officers Chairman Jeffrey D. Solomon, CPA, CVA Levine Katz Nannis & Solomon PC 4 10 15 18 23 25 Chairman-Elect Stuart R. Benton, CPA Bradford Soapworks, Inc. Vice Chairman Finance Merrill S. Puopolo, CPA CBIZ Tofias & Mayer Hoffman McCann PC Tofias New England Division Vice Chairman Nancy R. Baldiga, CPA College of the Holy Cross Vice Chairman Patrick B. Riley, CPA Braver PC Past Chairman Daniel P. DeVasto, CPA Wolf & Company PC President / CEO Theodore J. Flynn, CAE Massachusetts Society of CPAs Board Members Kristen P. Connell, CPA Jofran Sales, Inc. Jeffrey E. Mead, CPA CCR LLP Paul E. Costantino, CPA Costantino Richards & Rizzo LLP Charles Metjian, Jr., CPA Miller Wachman LLP Paul J. Gerry, Jr., CPA Gray Gray & Gray LLP Robb D. Morton, CPA Boisselle Morton & Associates LLP Scott Levy, CPA Grant Thornton LLP Phillip B. Pacino, CPA Greene Rubin Miller & Pacino Kevin P. Martin, Jr., CPA Kevin P. Martin & Associates PC Kevin R. Rhodes, CPA PlumChoice, Inc. Carla M. McCall, CPA Alexander Aronson Finning & Co. PC Carolyn R. Stall, CPA Stall Advisors LLC MSCPA Executive Staff Executive Vice President Marianne Brush Featured Articles 4 10 15 18 23 25 IRS Hiring Agents in Abusive Transactions Group Minimizing the Stress of Divorce Looking to the Future of Forensic Accounting How to Fire a Client Your Investment in Marketing Is an Investment in the Future of Your Firm Becoming Your Clients’ Trustee Vice President, Member Services / Peer Review Beth Lyons, CAE Vice President / CFO William Townsend Editorial Staff Marketing Specialist Julia Bowker jbowker@MSCPAonline.org Communications Specialist Elizabeth Emanuelson eemanuelson@MSCPAonline.org Graphic Designer Kristin Goede kgoede@MSCPAonline.org Membership / Communications Supervisor Kara Kieran kkieran@MSCPAonline.org SumNews is published bi-monthly by the Massachusetts Society of Certified Public Accountants, Inc.®; 105 Chauncy Street, 10th Floor, Boston, MA 02111. Subscriptions to SumNews are limited to members of the Society only as a member benefit and the subscription is free to all members. Application to mail at periodical postage rate paid at Boston, MA 02205. POSTMASTER: Send address changes to: SumNews, MSCPA, 105 Chauncy Street, 10th Floor, Boston, MA 02111. SumNews is provided to each member of the Massachusetts Society of CPAs, free of charge, as a member benefit. Additional Content 3 6 9 17 20 28 31 Chairman’s Message Membership Management of an Accounting Practice The Buzz Continuing Professional Education Classifieds Member Spotlight Each and every member of the MSCPA receives one issue on a bi-monthly basis, six times per year. ©2011 Massachusetts Society of Certified Public Accountants Inc.® The opinions expressed herein are those of the authors, and not necessarily those of the Massachusetts Society of CPA’s. * EDITOR’S NOTE: Frank Constance of Coles & Bodin LLP, Needham, has been appointed to the Board of Directors. The MSCPA regrets the error that appeared in the Winter II issue of SumNews. Thank You A Letter From Chairman Jeffrey Solomon, CPA my first “From year as a MSCPA member to the present, I’ve greatly benefited from my personal involvement within the Society. ” Society has “The also helped me stay connected with the profession by providing me with the latest industry news and by offering informative CPE courses. ” As my term as chairman draws to an end, I want to thank the Society staff and fellow board members for making my job very easy, with a special thank you to Ted Flynn for putting up with my constant calls and questions throughout the year. The Society staff is dedicated to you, and without their commitment to the profession, we would not have one of the most respected state societies in the country. I am proud of the achievements that were made in the profession during my tenure. One of my priorities as the incoming chairman was to reach out to firms across the Commonwealth to communicate our value, and to hear feedback on how the Society could become stronger. Between the board and staff, we visited over 20 firms and experienced very positive and productive interactions that will help the Society grow and provide you with the tools and pertinent information you need. Additionally, the Society’s presence on Beacon Hill has helped form new tax legislation that should bring major improvements for all of us in the future. “MSCPA By the Numbers” (page 6) gives you the rundown of the other Society activities during 2010. It's MSCPA Membership Renewal Time! Renew your membership online: www.mscpaonline.org/renewdues Renew your membership by phone: 800.392.6145 From my first year as an MSCPA member to the present, I’ve greatly benefited from my personal involvement within the Society. As a young professional, I attended Society events and joined committees to network with people that have helped me advance my career, and whom I now consider to be my lifelong friends. The Society has also helped me stay connected with the profession by providing me with the latest industry news, and by offering informative CPE courses. I urge you to get involved and explore different interests you may have or pursue new twists on your professional training. You will be glad you did. Learn more about how you can get involved on page 7. To kick off the new year at the Society, please join me at the Annual Meeting and Recognition Reception on May 12. It is a great way to see what the Society offers to its members, honor the future of the profession, meet new contacts and connect with old acquaintances. As I pass the torch to my friend, Stu Benton, I know the Society will be in good hands and continue to be a strong and vibrant organization under his leadership. I have been honored to serve you and look forward to my continued involvement for many more years to come. Till we meet again, Jeff sumnews Spring 2011 3 IRS Hiring Agents in Abusive Transactions Group By Lance Wallach Here it is. Here is proof of my predictions. Perhaps you didn’t believe me when I told you the IRS was coming after what it has deemed “abusive transactions,” but here it is, right from the IRS’s own job posting website: “If you or your clients were involved with a 419, and you haven’t yet approached an expert for help, you had better do it now, before the notices start piling up on your desk.” Specific forms need to be properly filed under IRC Section 6707A to avoid large IRS fines. These fines are in addition to IRS audits and disallowances of tax deductions. With this tactic, the IRS gets your client twice. First, they get audited and their tax deduction gets disallowed with possible interest and penalties. Then the IRS comes after your client again for not properly filing forms under Internal Revenue Code 6707A. The resulting fines for not properly filing are large, but they can usually be avoided by properly filing the required forms. Here is a small portion of the job posting I referred to above: OUR TRADECENTER TAX TEAM Job Title: Internal Revenue Agent (Abusive Transactions Group) Agency: Internal Revenue Service Open Period: Monday, October 18, 2010, to Monday, November 1, 2010 Sub Agency: Internal Revenue Service Job Announcement Number: 11PH1-SBB0058-0512-12/13 Who may be considered: • 4 IRS employees on career or career conditional appointments in the competitive service; • Treasury Office of chief counsel employees on career or career conditional appointments or with prior competitive status; and • IRS employees on term appointments with potential conversion to a career or career conditional appointment in the same line of work. www.MSCPAonline.org Steve Burke, John Colucci, Esquire Esquire • CPA • Tax Controversies and • • Planning • • ESOPs • • Employee Benefits/ERISA • • Executive Compensation • • Estate Planning Rick Stone, Esquire CPA Business Succession Mergers and Acquisitions Estate Planning Start-up Businesses Private Companies State, Federal and International Tax: steve.burke@mclane.com john.colucci@mclane.com rick.stone@mclane.com (781) 904 - 2711 (781) 904 - 2691 (617) 848 - 9360 • Planning and Controversy • Audits • Appeals • Litigation TradeCenter 128 300 TradeCenter, Suite 6400 Woburn, MA 01801 www.mclane.com Woburn, MA Concord, NH Manchester, NH Portsmouth, NH | | | | (781) 904 - 2700 (603) 226 - 0400 (603) 625 - 6464 (603) 436 - 2818 IRS According to the job description, the agents of the Abusive Transactions Group will be conducting examinations of individuals, sole proprietorships, small corporations, partnerships and fiduciaries. They will be examining tax returns and will “determine the correct tax liability, and identify situations with potential for understated taxes.” These agents will work in the Small Business/Self-Employed Business Division (SB/SE), which conducts examinations for about 7 million small businesses, and upwards of 33 million self-employed and supplemental income taxpayers. This group specifically goes after taxpayers who generally have higher incomes than most taxpayers, need to file more tax forms and rely more on paid tax preparers. Their examinations can contain “special audit features or anticipated accounting, tax law or investigative issues,” and look to make sure that, for example, specialty returns are filed properly. The fines are severe. Under IRC 6707A, fines were up to $200,000 annually for not properly disclosing participation in a listed transaction. There was a moratorium on those fines until June 2010, pending new legislation to reduce them, but the new law, which was passed in September, virtually guarantees you will be fined. The fines had been $200,000 per year on the corporate level and $100,000 per year on the personal level. You were fined even if you made zero contributions for the year. All you had to do was to be in the plan and fail to properly disclose your participation. they are going to move aggressively to collect from people that were already assessed. There is no reason not to now, which is especially true because the new legislation still does not provide for a right to appeal or judicial review. The IRS is still judge, jury and executioner. Its word is absolute as far as determining what is a listed transaction, or now, a reportable transaction, participation that now triggers the same penalty. A reportable transaction is defined as any transaction with the potential for tax avoidance, a much broader definition than that for a listed transaction. You can possibly still help your clients avoid all this by properly filing Form 8886 immediately with the IRS. Time is especially of the essence now, as you must file before they assess the penalty. For months, the IRS held off on actually collecting from people that they assessed because they did not know what Congress was going to do. But now they do know, so So you have to file Form 8886 fast, but you also have to file it properly. The IRS treats forms that are incorrectly filed as if they were never filed. You can be fined for filing incorrectly, or for not filing at all. The statute of limitations will not begin unless you properly file. This means that the IRS can come back to get you any time in the future unless you file properly. The road to success is not always paved. www.dgccpa.com Training Mentoring Collaboration At DGC, we provide the tools and resources to help you reach important milestones in your career. If you don’t want these new IRS agents, or any other IRS agents for that matter, to be earning their paychecks by coming after your clients and you as a material advisor, make sure you have done all you can to ensure that you have filed properly by reaching out for expert help today. Information provided herein is not intended as legal, accounting, financial or any other type of advice for any specific individual or other entity. You should contact an appropriate professional for any such advice. Lance Wallach, National Society of Accountants Speaker of the Year and member of the AICPA Faculty of Teaching Professionals, is a frequent speaker on retirement plans, financial and estate planning and abusive tax shelters. He writes about 412(i), 419 and captive insurance plans. He gives expert witness testimony, and his side has never lost a case. Contact him at 516.938.5007 or wallachinc@gmail.com. sumnews Spring 2011 5 MEMBERSHIP MSCPA By the Numbers Check out these facts and figures and watch the value of your membership add up! In 2010, the MSCPA: Held 186 CPE courses in 19 locations throughout Massachusetts. Had Saved members at least 480 members attend MSCPA Red Sox and Celtics games. $540 on CPE (if all 80 credits were taken through the MSCPA). 1,200 members on the MSCPA's LinkedIn.com group; had 589 fans of the MSCPA's Facebook page; and 1,020 followers on Twitter. Organized 20 special events ranging from golf outings to networking breakfasts. Connected with Offered 22 committees for MSCPA members to join, and created a network of 700 active members. Distributed Encouraged Donated Reached 6,500 financial literacy calendars to the public through 110 community libraries in MA. 875 MSCPA student members to pursue accounting as a career. Provided 58,202 CPE credits. Protected the CPA license of 10,500 members through continuous lobbying and legislative monitoring. $83,000 to students through scholarships and CPE Exam vouchers. Administered 350 peer reviews. Responded to 50 interview requests from local and national news media. Engaged 400 young professionals through community service projects and events. 650 job seekers at the bi-annual career fairs. Hosted Linked 45 members with local nonprofits seeking CPAs to serve on their boards. 150 jobs in the Career Center (members receive a 30% discount) and over 50 per diem job opportunities. Bottom Line: The Value of Your MSCPA Membership is a Number that Can't be Crunched. 6 www.MSCPAonline.org Make the Most of Your MSCPA Membership Join a Committee While your MSCPA membership provides benefits such as SumNews, Friday@Five, advocacy and CPE discounts, active participation and engagement in the MSCPA will yield the highest ROI. The more you get involved, the more benefits you receive. Get the most out of your MSCPA membership and join a committee. “ Committee participation allows you to forge lasting ties with others who have common professional interests and similar business concerns. These relationships will be rich, ongoing sources of inspiration and ideas. – Robert Half International ” By joining a committee you: • Gain a competitive edge by being an active, informed professional; • Broaden your perspective by collaborating with peers outside of your place of employment; • Convey to your employer your commitment to increasing your technical and communication skills; and • Expand your professional network and develop new relationships that can act as a sounding board or advisory group. “ Make the commitment. Get involved in the Society, and I guarantee that it will pay you back tremendously. – MSCPA Chairman Jeffrey Solomon, CPA ” You can choose from over 20 MSCPA committees based on your area of interest. The new committee season begins in May, so it’s a perfect time to get involved. Committees generally meet six times a year for a maximum of two hours per meeting. The time investment is minimal, but the return is invaluable. Visit www.mscpaonline.org/committees to view a list of all MSCPA committees and to join online. If you’d like more information on committees, email Beth Bouchard, bbouchard@MSCPAonline.org. Young Professional Committee Involvement All members, regardless of career level, are encouraged to join a committee – it's never too early to get involved! Committee participation is a great way to demonstrate to your manager that you are interested in developing your career and strengthening your leadership skills. Plus, it's fun – bring fresh, new ideas to your peers while learning about your industry or niche from more seasoned professionals. Committees provide the opportunity to network and collaborate with like minded members that can provide guidance and useful insight. Take the initiative and join a committee today: www.mscpaonline.org/committees. “ Joining the MSCPA real estate committee has been a great experience which has positively impacted my career. It’s provided great opportunities to network with colleagues who have similar interests, as well as offering interesting and highly relevant presentations. Since joining, I have increased both my network and my knowledge of the real estate community in Boston. I encourage other young professionals to get involved and attend a committee meeting. ” – MSCPA Member Anthony Rooney, CPA 7 Sheraton Hotel, Needham www.mscpaonline.org/htconference FASB/ IASB Joint Projects Update Lease Accounting – New Exposure Draft Accounting for Income Tax Uncertainties Corporate Tax and S Corporations Business Combination Valuation Matters Fraud Matters Information Technology Security Revenue Recognition Updates *Special Thanks to our Exhibitor as of 4/1 MSCPA Annual Communications Survey Complete the Survey and Enter to Win a: $150 VISA Gift Card How do you like to receive your news and MSCPA updates? Is it by email, print or social media? Let us know what you think! Your feedback will help us determine the best way to communicate with our membership and what type of content we should be covering. By completing this brief survey, you can enter to win a $150 VISA gift card or a $50 VISA gift card. The survey will close on May 31, 2011. Take the survey today: www.mscpaonline.org/commsurvey 8 www.MSCPAonline.org 42nd Annual Accounting & Auditing Conference Marriott Hotel, Burlington www.mscpaonline.org/aaconference Fraud in a Financial Statement Audit SAS and SSARS Update FASB Pronouncements (Accounting Standards Updates) *Special Thanks to our Exhibitors as of 4/1 FRIDAY, JUNE 10TH high technology accounting conference THURSDAY, JUNE 16TH MEMBERSHIP Friday@Five Stay in the Know Friday@Five, the MSCPA's e-newsletter, provides a weekly update on legislative changes, IRS and DOR updates, upcoming CPE courses and MSCPA news and events. Reading Friday@Five is the best and easiest way to stay current on professional issues and to learn about MSCPA benefits and offerings. Not Receiving Friday@Five? Check your MSCPA profile to make sure we have your email address on file: www.mscpaonline.org/update_profile. Add fridayatfive@mscpaonlinemail.org to your email address book. This will prevent Friday@Five from being filtered in your spam or junk folder. You may have inadvertently unsubcribed from Friday@Five by unsubscribing from other MSCPA communications. Please contact Kara Kieran, kkieran@mscpaonline.org if you think this may be the case. THRIVING MANAGEMENT OF AN ACCOUNTING PRACTICE in challenging times By Rita Keller Do you know the official definition of plateaued? It means a relatively long period of stability, a leveling-off. As I travel across the country talking with hundreds of CPA firm leaders, many of them tell me they seem to have plateaued. Try as they might, they can’t seem to propel their firm and their people to a higher level. Whether you are a long-time firm leader or one of the younger partners just stepping-up to leadership, it is important to realize that to move off the plateau and climb the next mountain you must exit the ways of the past and enter the path toward improvement. This applies to you, personally, and to the firm in general. Firms that aggressively address the following important management concerns will build a foundation for future growth and profitability. The Three M's: Mentoring, Marketing and Managing Now, more than ever, CPA firm leaders need to ask themselves: What more can we do during these challenging times? Why is it important to have a healthy mentoring program? Why should all team members renew their enthusiasm for marketing? How can we best utilize the power of all generations inside the firm? What can we do to help our managers truly manage — taking it beyond just a title? Winning the CPA Firm Communication Game: Saying What Needs to Be Said The good old days are gone; status quo is not a choice. To survive and thrive in the future, firm leaders need to enhance their communication. To win new clients and to attract and retain an all-star team, effective and timely communication is essential. Firm leaders should consider the following questions: How do your current and potential clients view your firm? Are your firm leaders saying what needs to be said to each other? How can firms engage their people to help the firm thrive? Why is communication at the root of almost all hurdles inside a firm? Can information sharing truly motivate your workforce? What about the diversity issues regarding communication inside a firm? To hear great ideas on these topics and go home with practical tools to implement in your firm, mark your calendars now for the MSCPA’s annual New England MAP Conference on November 16 – 18, 2011. I am delighted to be part of the conference this year and am looking forward to engaging in lively discussions with you and your peers on improving essential communications — outward, downward, upward and between diverse groups inside the firm. Rita Keller, Keller Advisors, LLC, Practice Management Solutions is an award-winning and widely respected voice for CPA firm management. She writes an award-winning daily blog focused on CPA firm management and works with firms across the country to build a firm where top talent wants to stay and build their careers. She has been repeatedly named to the Top 100 Most Influential People in Accounting by Accounting Today. sumnews Spring 2011 9 DIVORCE PLANNING By Laura Da Fonseca, CPA, CFE, CFF, CDFA, MST Minimizing The Stress Of Divorce Divorce, one of the more traumatic events in life, is becoming a statistical certainty for more than 50 percent of married couples. Stress is an inherent element in this extremely emotional and personal experience, but some of the stress can easily be prevented when the proper specialists have been consulted. Although lawyers have the expertise to facilitate the legal dissolution of the marriage and to apply applicable state laws on property division and support, there are aspects of the process that may require the expertise of others. Certified public accountants (CPAs), certified divorce financial analysts (CDFAs), and certified valuation analysts (CVAs) can assist lawyers and alleviate some of the avoidable stress in the divorce process by assisting in evaluating proposed divorce settlements. When evaluating property settlements and support agreements, it is critical to consider the future tax ramifications of the settlement and the future cash flow requirements of the parties. It may seem perfectly equitable to distribute the assets 50/50; however, depending upon the assets each party receives, there may be more tax liability assumed by or more liquid assets given to one party, making the settlement less equitable when looked at prospectively. 10 www.MSCPAonline.org The first area where a CPA can be helpful is in assisting the party in completing the list of assets and debts, and preparing the budget of income and expenses. This is the foundation from which the judge evaluates the divorce settlement. When listing the assets, depending upon the respective state, the separate and the marital assets need to be identified. Property owned by one party prior to marriage or property received by a party as a gift or inheritance during the marriage, as long as it is not commingled with marital assets, may remain a separate asset to that individual party. If the asset appreciated during the marriage that appreciation may be considered a marital asset. For example, if the husband inherited Bank of America stock during the marriage, and kept it in a brokerage account in his name only, that asset may be considered a separate asset. If the Bank of America stock's fair market value was $100 a share when it was inherited, but its value is $200 a share at the time of the divorce, the $100 appreciation could be considered a marital asset. Also, if the husband put the stock into a jointly owned account, the separate asset is converted into a marital asset. These laws vary by state and the CPA should work closely with the attorney in identifying the specific laws in the jurisdiction of the divorce. When preparing budgets, the CPA can review the last five years of financial activity to identify missing income and expenses to gain an understanding of the standard of living to which the couple has been accustomed. In addition, the CPA may consider future expenses that are part of their new environment. DIVORCE PLANNING Once the parties’ potential needs are identified through the budget, the assets can be evaluated to determine what will be necessary to meet those needs. If the asset division isn’t sufficient to support the party, spousal support can be an additional consideration. When evaluating the assets for allocation, the fair market value of each asset needs to be determined. Appraisals are necessary for real estate, and business valuations are necessary for closely held business entities or sole proprietorships of the parties. When attaining business valuations, an independent CVA is strongly recommended. When evaluating how the assets will be allocated, the mixture of assets awarded should take into consideration the parties’ immediate cash flow requirements, the future needs of the parties, and the tax consequences of potential asset dispositions. In order to meet current financial obligations, liquid assets, income generating assets or assets that can be easily converted to cash are necessary. When an asset is liquidated, only the after-tax cash flow will assist in meeting the financial obligations of the party. By accepting assets with low cost basis, the party is accepting the future tax obligation along with the asset. Some specific tax considerations that need to be reviewed are the receipt of low basis assets, distribution of the retirement plans, the sale of the personal residence, business owner- ship, spousal support and the applicable tax rates. Real estate, artwork, jewelry, boats, etc. are not assets that are easily liquidated. Accepting retirement account assets includes the assumption of the underlying taxes on future distributions. Generally, retirement accounts can be distributed through a Qualified Domestic Relations Order (QDRO) where a percentage of the retirement accounts are earmarked for the non-employee party. The plan document needs to be reviewed to evaluate what options for distribution are available. ROTH IRAs can have little to no future tax liability on their distributions, and therefore could be the better choice in some circumstances. Continued on page 12 Visit wolfandco.com/team to learn more. sumnews Spring 2011 11 DIVORCE PLANNING The personal residence is an asset that has personal attachment to the parties. Although one or both parties may want to retain the residence, in some cases, due to the future financial position of the parties, it may not be financially prudent to keep the property. As a result, there may need to be some difficult discussions with the couple to explain the ramifications of not disposing of the residence. Taking the personal residence in your divorce settlement can be structured to minimize future taxes. If the house is to be retained until the underage children become of age, it may be beneficial to keep the house in both names until that time, and then sell the house and distribute the proceeds. The party not living in the residence still owns the property and will get credit for the other party's time residing in the property. 12 www.MSCPAonline.org When the residence is sold, both parties will qualify for the $250,000 exclusion on the gain on the sale of a personal residence. If the house is transferred to the residing party, he/she will only have his/her $250,000 exclusion to use toward the gain on the sale of the entire residence, potentially resulting in a partially taxable gain. In addition, it is critical that the property be refinanced during the transfer to prevent the party who no longer owns the property from being legally liable on the mortgage. Retaining joint ownership or staying liable on the mortgage may impact the ability of the party not living in the residence to obtain financing if he/she decided to purchase a principal residence of his/her own. A business owned by one or both parties may be one of the more valuable assets of the marriage. Valuing a closely held business requires judgment by the CVA to arrive at the value. The business records will need to be closely reviewed to ensure that expenses are reasonable, any personal payments on behalf of the owners have been properly classified and that compensation to owners is reasonable. Once the value is established, the parties will need to decide the future of the business. The business may not survive with two owners at odds with each other, and therefore the only options may be for one party to take the business as part of the asset division or to sell to a third party. Taking the business as part of the asset division is a nontaxable transfer of property “incident to divorce.” As an alternative, the entity may redeem the party's ownership interest, but the result would be a taxable transaction. DIVORCE PLANNING If there aren’t sufficient assets in the marriage to arrive at the desired division of assets between the parties, an interest-bearing promissory note may be used. If an interest-bearing promissory note is used, the note should be collateralized to protect the party in the event of default. There is always risk in accepting a promissory note in lieu of taking another asset currently. When all assets have been earmarked for distribution, there may be instances where one party may not have sufficient earning potential or income earning assets to support him/herself. If that is the case, spousal support can be requested. Spousal support can be included in the income of the recipient party and tax deductible for the payer party if all of the following requirements are met: The payments must be in cash, check or money order; There must be a divorce or separation agreement; The couple cannot agree, in the agreement, that the payments wouldn’t receive spousal support tax treatment; The couple cannot reside in the same household; The payments cannot be required to be made after the death of the recipient party; The couple cannot file a joint return; and No portion of the payment may be considered child support. “Certified public accountants (CPAs), certified divorce financial analysts (CDFAs), and certified valuation analysts (CVAs) can assist lawyers and alleviate some of the avoidable stress in the divorce process by assisting in evaluating proposed divorce settlements.” Even if the payments, on the surface, appear to qualify as spousal support, they will be characterized as child support if the payments will be reduced, upon the happening of any contingency relating to a child, or at a time that can be clearly associated with the contingency related to the child. A contingency, such as attaining a certain age, marriage, death, employment, etc., is related to a child, whether or not the event is certain or likely to occur. There are only two situations where payments are considered as “clearly associated with a contingency” — when the payments are to be reduced not more than six months before or after the date the child is to attain the age of 18, 21, or the legal age of majority in their state, or on two or more occasions, which occur not more than one year before or after a different child attains a certain age between 18 and 24, inclusive. For example, if spousal support payments will decrease from $1,000 a month to $500 when the child reaches the age of 18, the $500 decrease in the spousal support payment will be considered child support from inception. Spousal support may be recaptured. If the payments are reduced during the initial three-year period by certain calculated amounts, the payments are still deductible when made, but the reduction is recaptured and included as taxable income of the payer party beginning in the third year after the divorce. The recaptured amount is deductible by the recipient party at the same time. The recapture only applies for one year. There are exceptions to the recapture rule. The excess does not need to be recaptured if either party dies or the recipient party remarries before the end of the third year, the payment fluctuates due to circum- stances the payer doesn’t control, the payments are temporary spousal support or the payments decline by $15,000 or less over the first three years. Other non-tax related issues that couples must consider include changing the beneficiaries on life insurance policies or retirement accounts, getting health insurance coverage, completing QDROs, etc. before the divorce is final, getting life insurance on a payer party, determining when social security or retirement benefits can be paid to the non-employee party, applying for new credit cards and many other issues. As you can see, there are many pitfalls that can be encountered by couples involved in a divorce. Those who are proactive and receive the proper advice from experts will benefit by reducing some of the unnecessary stress and being confident that they have reached the best results possible for their situation. Laura Da Fonseca, CPA, CFE, CFF, CDFA, MST, is a principal with Piccerelli, Gilstein, & Company, LLP. She has extensive experience in taxation and is a member of her firm’s litigation support practice. Da Fonseca received her bachelor’s degree in accounting from the University of Massachusetts Dartmouth and her master’s in taxation from Bryant University. Da Fonseca is a member of the MSCPA, RISCPA, IDFA, ACFE, and RICFE. She is on the board of the RICFE and is the chair of their Scholarship Committee. sumnews Spring 2011 13 The MSCPA and the AICPA are looking for women who have made significant contributions to the accounting profession, or who demonstrate characteristics that enable them to become leaders in the profession and their community. Nominations will be accepted through June 30, 2011. The awards program highlights the achievements of women in the CPA profession. Awards fall into two categories: Experienced Leaders, who are established members of the profession; and Emerging Leaders, who are professionals that have been in the accounting field 15 years or less. Criteria for selection include: The mentoring of other professionals; Leadership in workplace initiatives and improvements; Overall contributions to the profession; Public or community service; and Involvement with their alma mater. Winners will be selected by a panel of past award recipients and MSCPA leadership, and will be recognized at the Women to Watch Recognition Reception in September. Government Accounting & Auditing Conference Sheraton Hotel, Framingham www.mscpaonline.org/gaaconference Qualifies for 8 Yellow Book Credits GAAP Update DOR Update Single Audit Update Future of Cloud Computing in Government Accounting Software *Special Thanks to our Exhibitors as of 4/1 14 www.MSCPAonline.org FRIDAY, JUNE 17TH If you’d like to view a list of last year's winners and nominate a Woman to Watch, visit www.MSCPAonline.org/WomentoWatch. Contact Kara Kieran, kkieran@MSCPAonline.org for more information. “As my practice grew, my bank was right there with me.” At LowellBank, I value the personal one-on-one relationship with my banker. Their commitment to my small business and it’s growth made all the difference. To experience the LowellBank difference, call Tim Frechette at 978.332.7035 or email tfrechette@lowellcoop.com. www.LowellBank.com Looking to the Future of Forensic Accounting There is a point where the accounting and legal professions merge. A point when you have to investigate, analyze, interpret and communicate. It’s a point where you often have to put pieces together with partial information that is buried in a sea of data, and then present a clear picture of the situation to a jury, judge or mediator. This point is called forensic accounting. When you speak to practitioners who specialize in forensic accounting — such as Mike Ueltzen, CPA, CFF, CFE, a partner at Ueltzen & Company, LLP in Sacramento, CA, and Ronald Durkin, CPA, CFF, CFE, CIRA, the National Partner in Charge-Fraud and Misconduct Investigations at Clifton Gunderson LLP in Los Angeles — you quickly understand why the forensic accounting practice area is set for tremendous growth and opportunity. Ueltzen, chair of the CFF Credential Committee, and Durkin, a member of the AICPA National Accreditation Commission, recently discussed the state of forensic accounting, its future and the Certified in Financial Forensics (CFF) credential during telephone interviews with the AICPA. Continued on page 16 sumnews Spring 2011 15 FORENSIC ACCOUNTING AICPA: What is the most enjoyable part of forensic accounting for you? Ueltzen: “I love what I do — the people I work with, the cases I am working on and the adrenaline rush that comes with it. The adrenaline rush means you know you are going into the courtroom, a deposition, a mediation or a meeting and somebody is going to try to discredit you. As long as you are on solid ground, you are good. But you never know what they are going to say, what they are going to do and how they are going to come at you. So I like being at the top of my game.” Durkin: “This is hallowed ground for me. I love doing this stuff. Combining my FBI skills with the CPA skill set that I have acquired over the years — it’s exciting. I’ve always wanted this credential, the Certified in Financial Forensic credential, to be one that stretches across multiple, different areas.” data and tell a story. It’s the forensic accountant who is called upon. Somebody with some special experience to help unravel the mess.” AICPA: What does it take to be a forensic accountant and do the job well? AICPA: What do you see as the biggest opportunities in forensic accounting? Ueltzen: “There is an incredible opportunity for young people to join in this arena of the profession and learn a specialized skill set. Let’s face it, if you pick up an article about a bank failure, an industry failure or Madoff, who are among the first to arrive on the scene? The forensic accountants with the special skill set, the interviewing skills, the ability to conduct computer forensics, the ability to take incredible amounts of Durkin: “You’ve got to keep your eyes open for clues, be intuitive and more than skeptical. I call it forensic thinking. You’ve got to be alert to the possibility that there is more than meets the eye. You need to understand that the essence of fraud is concealment. You can’t give up—you must push through to the conclusion and deal with incomplete facts. You need to be able to do the analysis and understand how it will play out in court. You must be able to communicate.” Article provided by The American Institute of Certified Public Accountants. Durkin: “I think that everybody needs to be better equipped to deal with fraud issues, both proactively and reactively. Proactively includes being alert to the possibility that fraud could exist and what types [auditors] may find. From the reactive side, we need to equip accountants to be better at interviewing. I think interviewing skills are weak today.” Ueltzen: “The biggest challenge is finding good forensic accountants. Finding people that are willing to step up, accept a challenge and be cross examined. To find people willing to deal in areas where they may not feel totally comfortable because there are no absolutes; and people that are willing to tell their story in front of a large crowd in adverse conditions and subject themselves to cross examination.” 16 www.MSCPAonline.org ©2011 LarsonAllen LLP Illustration by Alan Pranke AICPA: What do you see as the biggest challenge in forensic accounting? • Nationalbreadthwithoutthecorporatebluster • Builders—morethanmoversandshakers • Ahistoryofgrowthandabrightfuture LarsonAllen is growing in New England. We would like to hear from firms interested in joining us. ContactDougFiebelkorn,CPAat617-984-8114. Accounting | Assurance | Tax | Consulting | Advisory Noticeably Different. 300CrownColonyDrive,Suite310,Quincy,MA02169 To submit your member/firm news and announcements, email Elizabeth Emanuelson, eemanuelson@mscpaonline.org. THE B UZ Z Firm News DiCicco, Gulman & Company, LLP, Woburn, will host its third annual A&E Summit in June. Downey & Company, Braintree, was accepted as a member of Premier International Associates. Premier International is a worldwide, elite, tightly-knit network of accounting, tax and business consulting firms. Tobolsky & Wachsler CPAs opened an office at 129 Morgan Drive, Norwood. Wolf & Company PC, Boston, was named a 2011 BBJ Pacesetter by the Boston Business Journal for its fifth annual Pacesetters event that recognizes the area's fastest growing private companies, ranked by revenue growth. Promotions and New Positions Mark J. Alaimo, CPA/PFS, CFP®, was promoted to manager at Sullivan Bille Group, Tewksbury. CCR LLP (CCR), Westborough, promoted Daniel J. McMahon, CPA, David W. Stevenson, CPA and James G. Jumes to partner. Jim Fitzgerald, CPA, was promoted to chief operating officer at VERC Enterprises, Duxbury. Pierce R. Keefe, CPA, MBA, joined Aaron Smith, PC, East Longmeadow, as a tax manager. Edward M. Mulherin, CPA, was appointed to chief financial officer at Conihasset Capital Partners, Inc., Cohasset. Christopher Pelland, CPA, and Keith Pfeifer, CPA, MSA, were promoted to audit manager at O'Connor & Drew, PC, Braintree. Rucci Bardaro & Barrett PC, Malden, appointed Mark Paquin, CPA, to partner. As a full-fledged member of the firm’s leadership team, Paquin will continue to direct and expand its Audit Practice Group. Harold S. (Hank) Wolfson joined the firm as chief operating officer. Wolfson will be responsible for directing and managing operations for the 45-person firm. Sechrest & Bloom, LLC, Acton, announced that Jarod J. Bloom, CPA, CFP, was named partner effective on January 1. Bloom is also a partner in the sister firm, Sechrest Financial Services, LLC. Melanie Whitney, CPA, was appointed to assistant vice president and senior accounting officer at Rockland Trust, Rockland. Speaker/Writer/ Community Blum Shapiro & Company, PC, Rockland, announced that: Jonathan Dupont passed all sections of the Uniform CPA Exam; John A. Lynch, CPA, MST, partner, was elected member of the South Shore Economic Development Corporation for 2011; and Kevin T. White, CPA, partner, was elected to the board of directors of the South Shore Chamber of Commerce. Ellen M. Bruno, CPA/PFS, Compliance Advisor Professionals, LLC, Berkley, presented a session on investment advisor compliance at the January AICPA Advanced Personal Financial Planning Conference in Las Vegas. Bruno also authored an article entitled “Summary of Changes to Form ADV Part 2” THE BUZZ in the January/February Planner newsletter of the AICPA Personal Financial Planning Community. DiCicco Gulman & Company, LLP, Woburn, donated a total of $5,000 to The Home for Little Wanderers, The Lowell Wish Project and T.H.E. FARM (Tewksbury Hospital Equestrian FARM) charities with proceeds from the sale of used laptops. The firm now also has a monthly finance column running in the Construction, Design and Engineering section of the New England Real Estate Journal. Kris Hebert of DiCicco, Gulman & Company, LLP, Woburn, wrote an article which appeared in the January issue of Commercial Investment Real Estate. The article, titled “Lease Resistance,” focused on new accounting standards. David Sullivan, CPA, and George Shaw of DiCicco, Gulman & Company, LLP, 33% EXPERTISE Woburn, presented on the topic of M&A and due diligence to the Commercial Finance Association on February 24. McGladrey, Boston, and the McGladrey Foundation (formerly the Caturano Foundation), Boston, donated $8,800 to the Special Olympics Massachusetts (SOMA) following the McGladrey Culinary Challenge for Charity. Morris N. Robinson, CPA, J.D., LL.M., managing director of the law firm, M. Robinson & Company, PC, Boston, wrote an article entitled "IRS Poised to Announce New FBAR (Foreign Bank Account Report) Amnesty" in the Boston Business Journal’s, Business View section on February 4. Millie Tobolsky, CPA, and Irene Wachsler, CPA, of Tobolsky & Wachsler CPAs, Sharon, were quoted in an article on taxes in the Patriot Ledger. 29% DEDICATION 24% INTELLIGENCE 14% “MAN, I LOVE THIS STUFF! WE GIVE OUR CLIENTS 100% Our team members bring their diverse backgrounds and strengths to the table, resulting in a true blend of national firm experience and local firm delivery. We share a common passion: a personal commitment to each client’s success as well as to the communities in which we live and work. The passion to unlock potential NW NEEDEL WELCH & STONE CPAs is now a division of ADVISORS www.blumshapiro.com 1001 Hingham Street, Rockland, MA 02370 Phone: 781.982.1001 sumnews Spring 2011 17 By Hugh Duffy How to Fire a Client No matter the size of the firm, there are going to be some tough decisions to make along the way – and one of the most difficult is firing a client. We no longer live in an environment in which the only repercussions might be the initial awkward conversation when the firing occurs. Today, we have positive and negative social media. In our always-on world where a negative blog or Twitter posting can go viral in a matter of moments, accounting professionals will want to ensure they do not suffer potential negative consequences. Why Fire a Client? There are many reasons to sever the accounting/client relationship. Take a look at these reasons and think about whether this has happened in your practice. 1. The client takes up too much time. This is the number one reason we fire clients. Heard of the 80/20 rule in which you spend 80 percent of your time on the bottom 20 percent of your client base? These are the clients who are not adding to your bottom line, so your return on investment is very slim. It’s better to get rid of the bottom 20 percent of your clients so you can focus on the remaining clients who will generate more revenue. 2. The client withholds information. If you find clients 18 www.MSCPAonline.org not being honest in a particular situation or withholding valuable information that you need to do your work in the most ethical and legal manner possible, it’s time to part ways. You cannot afford to damage your reputation with a client who has the potential to do harm to himself, and in turn, to your practice. 3. Clients do not want to be helped. As strange as this sounds, we’ve all had clients who did not want our professional assistance, no matter how simple or complex the situation. A client who does not want to be helped will never accept your advice or respect your intentions. It’s time to find clients who will benefit from your professional experience and knowledge. How to Fire a Client Having to say “so long” to anyone isn’t pleasant; think about the times you’ve had to let an employee go. Nevertheless, when it’s time to cut the cord, you have to do it in the most professional way possible. Looking at the three scenarios above, it’s easy to see why you would want to fire a client, but one of the main traits we have as human beings is the “likeability” factor. For example, you may have a client who will literally give you the shirt off his back if you ask him for it, but is a lousy businessman and costs you time and money. CLIENT MANAGEMENT If this happens, you need to separate your personal feelings from your professional beliefs. After all, you may see the client in religious or social situations. Perhaps you belong to the same Rotary or Lion’s Club. What are you going to say to the fired client the next time you see each other? The best way to move on is to have a professional conversation with the client, explaining to him or her why you need to part ways. You must be prepared to provide concrete examples. Just as you document activities when you fire an employee, you need to do the same when you fire a client. Be reasonable and explain in plain terms the problem. While it’s most likely not going to be surprising to the client that there is a problem, no one wants to be faced with rejection, so the initial reaction may be anger. If this happens, reassure the client that this is a completely private matter between the two of you and should remain so. You will not talk to anyone about this and you would appreciate it if the client would do the same. Back to social media: what do you do if the client says something negative on LinkedIn, Twitter, Facebook or in a blog posting? You may have to get an attorney involved. However, watch your own temper. It would be unprofessional of you to lash back in retaliation. Take the high road; the best stance is to do nothing. It’s better to let the client stumble over his or her words than to react to them. If it escalates to the point that your colleagues and perhaps even your other clients are aware of the problem, it may be time to communicate via letter or email to explain the situation. Still, don’t reveal any information that can be used against you later on. Again, an attorney can guide you through this difficult situation. There are multitudes of business matters that we are faced with, but we often forget the human side of the equation. Firing anyone isn’t pleasant, but with planning, communications and calm demeanor, you’re going to emerge positively from the situation. Hugh Duffy is co-founder and chief marketing officer of Build Your Firm, a practice development and marketing company with services to small CPA firms. Duffy teaches a series of Accounting Marketing Workshops; writes an email newsletter reaching thousands of accountants; and is frequently published in various publications, including The CPA Technology Advisor, Progressive Accountant and state CPA society newsletters and magazines. He can be reached at 888.999.9800 x151, or at hugh@buildyourfirm.com. sumnews Spring 2011 19 BACK TO CPE... *Note: $/$ = Member / Nonmember Friday, May 20 Update Security Breach Rules - 201 MR 17 (AM Session) Waltham - $140 / $160 Friday, May 20 Microsoft's New Operating System and Enhanced Office Products (PM Session) Waltham - $140 / $160 Monday, May 23 Excel Tips, Tricks and Techniques for Accountants Newton - $265 / $319 Monday, May 23 Loscalzo's Not-for-Profit Auditing Made Easy Framingham - $265 / $319 Yellow Book Tuesday, May 24 Excel Pivot Tables for Accountants (AM Session) Newton - $140 / $160 MAY Tuesday, May 3 Auditing: Ex-con Shares 14 Fraudulent Financial Reporting Techniques Randolph - $265 / $319 Yellow Book Thursday, May 12 GAAP Disclosure and Review for the Closely Held Business Framingham - $265 / $319 Friday, May 13 Update Security Breach Rules - 201 MR 17 (AM Session) Framingham - $140 / $160 Friday, May 13 Microsoft's New Operating System and Enhanced Office Products (PM Session) Framingham - $140 / $160 Monday, May 16 Annual Review of Tax Cases Needham - $265 / $319 Monday, May 16 Audits of 403(b) Plans Newton - $225 / $265 Yellow Book AICPA Members: $30 Discount Tuesday, May 17 Work Life Balance - A Foundation that Enables Sound Ethical Decisions (AM Session) Randolph - $140 / $160 Ethics 20 www.MSCPAonline.org Tuesday, May 17 Audits of 401K Plans Newton - $225 / $265 AICPA Members: $30 Discount Tuesday, May 24 Excel Macros (PM Session) Newton - $140 / $160 Tuesday, May 17 Investment Fundamental for the Individual Needham - $265 / $319 Tuesday, May 24 Professional Ethics for CPAs (AM Session) Framingham - $140 / $160 Ethics Tuesday, May 17 Overview A-133 Audit Randolph - $265 / $319 Yellow Book Tuesday, May 24 Estate Planning for 2011 and Beyond Norwood - $265 / $319 Wednesday, May 18 Regulated Investment Companies Boston - $130 / $130 InfoShare, CFP Wednesday, May 18 Latest Developments in Compilation and Review Waltham - $265 / $319 Thursday, May 19−Friday, May 20 AICPA National CFO Conference Boston - $1425 / $1125 (AICPA members) Thursday, May 19 Professional Presence for Women (AM Sesson) Needham - $140 / $160 Wednesday, May 25 Estate and Financial Planning for the Older Client Norwood - $265 / $319 Wednesday, May 25 Internal Controls for Small Business Accounting Systems Randolph - $265 / $319 Wednesday, May 25 Loscalzo's GAAP Refresher Framingham - $265 / $319 Yellow Book JUNE Thursday, May 19 AICPA Trusted Advisor Thursday, May 19 Overview A-133 Audit Worcester - $265 / $319 Yellow Book Wednesday, June 1 Successful Mergers/Acquisitions of CPA Firms Needham - $265 / $319 Complete course listings and registration information are available online at: MSCPAonline.org/cpe Wednesday, June 1 Guide to Audits in Times of Massive Financial, Legal, Healthcare and Regulatory Reform Randolph - $265 / $319 Yellow Book Wednesday, June 8 Revised Yellow Book Waltham - $225 / $265 Yellow Book AICPA Members: $30 Discount Thursday, June 16 Ethics in the Real World: Living Values for Today (PM Session) Needham - $140 / $160 Ethics Wednesday, June 8 What CPAs Need to Know about Wall Street Today: Managing Assets for Clients, your Firm and Yourself Needham - $265 / $319 Thursday, June 16 Fiduciary Income Tax Returns Form 1041 Workshop Worcester - $265 / $319 CFP Thursday, June 2 Improving Engagement Realization and Profitability (AM Session) Needham - $140 / $160 Thursday, June 9 LinkedIn for CPAs (AM Session) Newton - $140 / $160 Thursday, June 16 High Technology Accounting Conference Needham - $235 / $275 Thursday, June 2 Compilation and Review Essentials - Rules for Local Practitioners Waltham - $265 / $319 Friday, June 10 42nd Annual MSCPA Accounting & Auditing Conference Burlington - $235 / $275 Friday, June 17 Ethical and Legal Responsibilities of Board Members Needham - $265 / $319 Ethics Thursday, June 2 GAAP Disclosure and Review for the Closely Held Business Springfield - $265 / $319 Monday, June 13 Audits of Defined Contribution Pension Plans Framingham - $265 / $319 Thursday, June 2 Guide to 15 NEW Fraud Cases for 2011 Engagements Randolph - $265 / $319 Monday, June 13 The Complete Guide to Understanding Challenging Nonprofit Tax and Form Norwood - $265 / $319 Yellow Book Wednesday, June 1 Restaurant Accounting and Controls Norwood - $265 / $319 Friday, June 3 Professional Ethics Update Springfield - $140 / $160 (AM Session) Ethics Friday, June 3 Disclosure - The Key to Financial Statements Waltham - $265 / $319 Yellow Book Monday, June 6 GAAP Disclosure and Review for the Closely Held Business Randolph - $265 / $319 Monday, June 6 International Taxation: To and From the United States Worcester - $225 / $265 AICPA Members: $30 Discount Tuesday, June 7 Professional Ethics for CPAs (AM Session) Randolph - $140 / $160 Ethics Tuesday, June 7 State Tax Update (AM Session) Norwood - $140 / $160 Wednesday, June 8 Alternative Investments (AM Session) Boston - $140 / $160 InfoShare, CFP Friday, June 17 Government Accounting & Auditing Conference Framingham - $220 / $260 Yellow Book Friday, June 17 Loscalzo's GAAP Refresher Worcester - $265 / $319 Yellow Book Tuesday, June 14 Healthcare Reform - The Inside Scoop (AM Session) Needham - $140 / $160 Friday, June 17 The Complete Trust Workshop Worcester - $265 / $319 Tuesday, June 14 Current Practice Issues and Solutions in Audits of Employee Benefit Plans Framingham - $265 / $319 Monday, June 20 Latest Developments in Compilation and Review Woburn - $265 / $319 Tuesday, June 14 Mastering Basis, Distributions and Loss Limitation Issues for S Corps, LLCs and Partnerships Norwood - $265 / $319 Monday, June 20 New Critical Decisions in Selecting the Best Retirement Plan Randolph - $265 / $319 CFP Wednesday, June 15 Accounting & Auditing Considerations for 403(b) Plans and Important 2011 Framingham - $265 / $319 Yellow Book Tuesday, June 21 Surgent's Advanced Critical Tax Issues for LLCs and Partnerships Randolph - $265 / $319 Wednesday, June 15 Determining How Much Money You Need to Retire Norwood - $265 / $319 CFP Thursday, June 16 Cases in Corporate Ethics: Discussion of Real Life Conflicts (AM Session) Needham - $140 / $160 Ethics Tuesday, June 21 Time Mastery for CPAs - Over 100 Ways to Maximize Your Productivity and Satisfaction Framingham - $265 / $319 Wednesday, June 22 Social Security, Medicare and Prescription Drug Retirement Benefits Randolph - $265 / $319 CFP sumnews Spring 2011 21 Wednesday, June 22 Strategic Financial Planning and Corporate Investment Opportunities Needham - $265 / $319 Thursday, June 23 Work Life Balance - A Foundation that Enables Sound Ethical Decisions (AM Session) Newton - $140 / $160 Ethics Thursday, June 23 Audits of HUD Assisted Programs Norwood - $225 / $265 Yellow Book AICPA Members: $30 Discount Thursday, June 23 The Complete Guide to Payroll Taxes and 1099 Issues Waltham - $265 / $319 Friday, June 24 GAAP Disclosure and Review for the Closely Held Business Stockbridge - $265 / $319 Friday, June 24 Implementation Guide to the Risk Assessment Standards Worcester - $265 / $319 Yellow Book NEW ONLINE ENHANCEMENTS TO CPE! Friday, June 24 Top 50 Mistakes Practitioners Make in Nonprofit Taxation and Governance Waltham - $265 / $319 Yellow Book Wednesday, June 29 Advanced Tax Structures: Using Tiered Partnerships, Multiple Corporations, Series LLCs and Disregarded Entities Woburn - $265 / $319 Monday, June 27 Choosing the Best Entity Structure Under the New Tax Law in 2011 Woburn - $265 / $319 CFP Wednesday, June 29 Excel-Based Dashboards Framingham - $265 / $319 Monday, June 27 GAAP Disclosure and Review Plymouth - $265 / $319 Wednesday, June 29 Step by Step Guide to Compliance Auditing - A Gateway to Efficiency Newton - $265 / $319 Yellow Book Monday, June 27 Tax Practitioner's Guide to Accounting and Reporting Issues Randolph - $265 / $319 Thursday, June 30 Professional Ethics Update (AM Session) Randolph - $140 / $160 Ethics Tuesday, June 28 Professional Ethics Update (AM Session) Plymouth - $140 / $160 Ethics Thursday, June 30 Cloud Computing Framingham - $265 / $319 Tuesday, June 28 Accounts Payable Fraud Randolph - $265 / $319 Tuesday, June 28 Strategies and Tactics in the New War Against Higher Individual Taxes Woburn - $265 / $319 Find your future Unique Opportunity for Tax Professional We are seeking an experienced tax senior/manager who is looking for advancement and a fast track to partnership. During busy season, the MSCPA added some new features to the CPE section of MSCPAonline.org. NOW YOU CAN: Register multiple users for different courses in one transaction; Discover our collaborative work environment and strong tradition as a stable, people-oriented firm with a focus on work-life balance. Sign up online for concurrent sessions at conferences; and View upcoming webinar listings from MSCPA partners (members get a discount!). 22 www.MSCPAonline.org Thursday, June 30 Not-for-Profit Industry Update and Major Accounting & Disclosure Issue Newton - $265 / $319 Yellow Book Please mail, fax or email your resume and salary requirements to: Director of Personnel G.T. Reilly & Company 424 Adams Street Milton, MA 02186 Fax: 617-698-1803 Email: pjf@gtreilly.com Work with privately-held businesses and entrepreneurs in diverse fields. Find your future with a well-respected independent regional firm that has international reach. Opportunities also exist for tax return preparers and entry-level tax professionals. G.T. Reilly & Company offers competitive salary & benefits, training opportunities and a collaborative work environment that encourages professional growth. An independent firm associated with MARKETING Your Investment in Marketing Is an Investment in the Future of Your Firm By Eileen P. Monesson Many accounting firms are feeling the effects of the economy. As a result, firms across the nation are cutting expenses and streamlining operations in order to stay afloat. Every department is being asked to do more with less, especially in marketing. “Marketers are valuable to their firms because they help ensure that there is a structured, disciplined approach to branding. The value in creating a well recognized, well respected name and reputation is beyond measurement,” suggests Sally Glick, principal of the firm and chief growth strategist with Sobel & Co., LLC. Marketing is traditionally viewed as a cost center and is therefore hard hit in a bad economic climate. “Marketing and business development are more important than ever for practitioners and firms in a fragile economy,” states Tracy Crevar Warren, owner of The Crevar Group and editor/co-author of Bull’s-Eye: The Ultimate How-To Marketing and Sales Guide for CPAs. “2011 offers welcome news of business prospects according to the 2010 CCH Accounting Firm Client Survey. This survey found that 36 percent of business clients will consider switching CPA firms in the next year. The study clearly demonstrates how competitive the industry has become. Of the 36 percent considering a switch, 55 percent have been prospected by another firm.” in the past will not necessarily propel it in the future,” added Crevar Warren. “Success in the coming years will require thoughtful new strategy and ongoing, disciplined execution of that strategy.” According to CCH’s study, 79 percent of the clients interviewed are generally satisfied with their certified public accounting firm. Of that group, only 17 percent reported being completely satisfied. This puts many client-accountant relationships at risk. Merely satisfied clients are more likely to leave a firm than completely satisfied clients. Satisfied clients are not as engaged in the relationship which can open the door for a competitor. Strategic marketers will look at a commodity service such as audit or tax, and determine how to add true value to that service. Marketers are trained to track a service through its lifecycle. They know to look for changes in regulations, technology, the competition or economy to develop new market opportunities for commodity services or a completely new service offering. The proposed International Financial Reporting Standards (IFRS) is a great example. A progressive marketer would suggest new value-based services for the firm to prepare clients for this change in accounting standards. Another example is Electronic Healthcare Records which provides numerous opportunities to offer practice management and IT consulting services to clients. The article entitled “Auditing the Auditor” published in the April 2010 issue of CFO Magazine claims that 82 percent of auditor changes in 2009 were because companies fired their auditors (among the Big Four, the number was 90 percent). Companies are demanding lower fees and added value ranging from corporate-board education to competitive intelligence. “New business is the lifeblood of a firm, but what made a firm successful Service providers should learn from their counterparts that produce products. Product-based companies know the value of marketing and are Continued on page 24 sumnews Spring 2011 23 MARKETING committed to the five Ps of this discipline: product, place, promotion, price and people. Few companies would invest in the production of a product without conducting market research to determine its need. Service providers should do the same. Marketers should be involved with the development and promotion of new services, and provide input on pricing. Marketers also need to work on the development of a strong firm culture or organizational brand. RainToday.com published the results of its survey entitled “How Clients Buy: 2009 Benchmark Report on Professional Services Marketing & Selling from the Client Perspective.” The report identifies the top factor in a buyer’s decision to hire a service provider. Ninety percent of the respondents stated that the overall value the provider can deliver was an important factor. “The true benefit of a good marketing program is that it shortens the sales cycle,” states Emily Bennington, director of marketing and development with the West Virginia office of Dixon Hughes, PLLC. “If I’ve done my job in promoting the value of our firm to the right audience, credibility is established before the partner meets with a prospect.” Strong marketers know the importance of demonstrating a high level of knowledge in a specific industry niche or service area. They will invest the time to ensure that the accountants working in a specific area are educated and communicate their knowledge in seminars, articles, whitepapers and case studies. All of these tools showcase the value that the firm can bring to the relationship. The result of a marketing program is determined by the return in the investment and value it brings to the firm. Firms should define benchmarks, such as the number of new clients, an increase in client reten24 www.MSCPAonline.org tion, percentage of satisfied clients, as well as increases in billable hours and realization rates and measure these benchmarks over time. Partners should also track the number of hours contributed to marketing by the accountants, as well as the hours invested in a project by the marketing team. Marketers can add more value to a firm by attending networking events, writing proposals, ghost-writing articles and creating seminar materials. This will reduce the cost of developing these materials (typically a marketer’s time is not billable) and allow the accountants to spend more time on billable work. “Working as a marketing professional in the service industry is a bit different,” claims Aliona Groh, marketing coordinator with Hoyman Dobson. “I see my success through the success of our team members. My goal is to make our team’s job as easy as possible. The less time that our team has to spend on marketing, the more time they have to serve clients and make money for the firm.” Now is not the time to cut back on marketing. Today’s economy provides many new areas to explore. A marketer is trained to provide recommendations on growth opportunities, as well as a plan to move new initiatives forward. The future of a firm depends on its partners embracing marketing as a strategic function. Eileen P. Monesson, is a founding principal with PRCounts, LLC. The firm is dedicated to helping its clients use the power of public relations to drive their personal, organizational and corporate brand. Monesson has 12 years of experience in accounting marketing. She can be contacted at emonesson@PRCounts.com. deposit & cash management • commercial banking residential mortgage • investment management & trust What can a private bank do for a privately oWned business? as it turns out, plenty. Ranfac Corporation Avon, Massachusetts Ranfac Corporation collaborates with their clients to develop solutions to their current and emerging needs. Our experienced commercial bankers work in the same way, taking the time to understand your unique business and banking needs and offer tailored solutions that will help you grow, manage and protect your business — today and in the future. Please contact Mark Thompson, CEO & President, at (617) 912-1919 or mark.thompson@bostonprivatebank.com a www.bostonprivatebank.com Y Becoming Your Clients’ Trustee By Mark S. Furman & Emily C. Shanahan Duty of Loyalty As a CPA, you have intimate knowledge of your clients’ financial affairs, matters that many of your clients consider to be of a highly sensitive and confidential nature. You may even be privy to the dynamics and politics of their families and businesses. Given the nature of the relationship between you and your client, it would not be unreasonable to consider your client’s request that you serve as trustee to be a vote of confidence in your skills and judgment and a testament to the strength of your relationship with the client. Serving as a trustee can be a rewarding experience, but it is not without risks, including lawsuits brought by disgruntled beneficiaries. This article is intended to provide a broad introduction to the responsibilities of a trustee to assist you in weighing the pros and cons of assuming that role. It is critical to be aware that the duty of loyalty that a trustee owes runs to the beneficiaries of the trust, not the settlor of the trust. That being said, as trustee, you are not an agent of the beneficiaries. Rather, the trustee is to act solely in the interests of the beneficiaries and must take affirmative action to further the interests of the trust. Fundamental Duties as Trustee A trustee is a fiduciary. As such, a trustee has several fundamental duties, including the duty of loyalty, the duty to act prudently, the duty of impartiality, the duty to account to and inform beneficiaries and the duty to carry out the terms of the trust. Assuming the role of trustee for a valued client poses the inherent risk of divided loyalties. Your natural and understandable desire to please a long-term client who is the settlor of the trust may conflict with your duty to act only in the best interest of the trust and its beneficiaries. For example, if the settlor, who also is your client, approaches you in your role as trustee to request that the trust make a loan to the settlor, you must assess the issue from the perspective of whether the loan is good for the trust, not whether there is any plausible basis to conclude that the loan can be made without harming the trust. The trust that gives the trustee authority to make loans does not insulate the trustee from a breach of fiduciary duty claim if the trustee fails to take affirmative action to further the interests of the trust. Continued on page 26 sumnews Spring 2011 25 TRUSTEE Duty to Act Prudently Duty of Impartiality Continued A trustee is under a further duty to act prudently. In particular, a trustee, absent contrary language in the trust, is subject to the prudent investor rule, as codified by the Massachusetts Prudent Investor Act, Mass. Gen. Laws ch. 203C (“MPIA”). The standard of care under the MPIA requires a trustee to “invest and manage trust assets as a prudent investor would, considering the purposes, terms and other circumstances of the trust, including those set forth in subsection (c). In satisfying this standard, the trustee shall exercise reasonable care, skill and caution.” Mass. Gen. Laws ch. 203C, § 3(a). This assessment is made in light of all the facts and circumstances as of the time the investment decision was made. In practice, determining the standard of living to which the income beneficiary is entitled may be complicated because the terms of the trust are unclear. Under the terms of the trust, the trustee must take into account the income beneficiary’s other assets? May the trustee do so? Or is the trustee affirmatively precluded from taking the income beneficiary’s other assets into account? If the trust is unclear, the trustee may consider filing a complaint for instructions to protect against a claim by the beneficiary disadvantaged by the trustee’s decision. Seeking a judicial determination of the proper interpretation of the trust is critical because a mistake of law in interpreting a trust is not a defense in any subsequent litigation, and acting contrary to the terms of the trust is a breach of the trustee’s fiduciary duties. An additional advantage to a complaint for instructions is that the trustee generally is able to have his reasonable attorneys’ fees and costs paid from the trust. As your client’s CPA, you are familiar with your client’s financial affairs. That being said, it is unlikely that as a CPA you also are a professional investment manager. To the extent you hold yourself out as having special skills or expertise in this regard, in your role as trustee, you will be held to the standard of one who, in fact, possesses such skills or expertise. More likely than not, however, if you take on the role of trustee, you will need to engage another professional to manage the assets of the trust. While a trustee may be permitted to delegate the investment of the trust’s assets, a trustee nevertheless retains a variety of duties. Among other things, a trustee must personally define the trust’s investment objectives, exercise reasonable care in selecting an investment manager and adequately supervise the investment manager. Duty of Impartiality Conflict arising from the competing interests of the income beneficiary and those beneficiaries who are entitled to the trust property upon the termination of the income beneficiary’s interest in the trust (“the remaindermen”) is a common scenario that often can test another one of a trustee’s fundamental duties – the duty of impartiality. The duty of impartiality requires a trustee not to favor one beneficiary over another unless directed by the terms of the trust. Instead, a trustee must remain neutral and not advocate for any particular beneficiary or class of beneficiaries. The challenge often arises where a trustee must determine the standard of living to which the income beneficiary is entitled. The trustee is in the unenviable position of potentially being viewed as too stingy by the income beneficiary or profligate by the remaindermen. 26 www.MSCPAonline.org We speak IRS & DOR. Fluently. For more than 13 years, Matthew J. Previte CPA PC has worked exclusively to resolve IRS and state tax problems for individuals and businesses. So firms like yours don’t have to. By partnering with us, you can help your clients in debt with the IRS or DOR while avoiding the huge learning curve that destroys your profitability and increases your risk of potential malpractice. Your clients get a locally based expert here in Massachusetts who will provide one-on-one personal attention. In addition, your clients will never have to meet or speak with the IRS or DOR. We do it for them while you continue taking care of their conventional accounting and tax service needs. Visit www.taxproblemsrus.com for video & written testimonials. Clients receive a free initial consultation. Call 508-655-1500. Matthew J. Previte, CPA PC - Natick, MA email: info@taxproblemsrus.com TRUSTEE Conclusion Duty to Account and Inform A trustee has a duty to account to the beneficiaries. The beneficiaries of an irrevocable trust are entitled to be reasonably informed about the administration of the trust so they are able to protect their interests. Having your accounts judicially allowed on a regular basis benefits you as trustee because allowance of accounts discharges a trustee from any liability for transactions covered by the accounting. Once allowed, accounts generally cannot be questioned in collateral proceeding in law or in equity, absent fraud or manifest error, and only rarely are re-opened. In Massachusetts, for example, Section 7-307 of the Uniform Probate Code establishes both a statute of limitations (six months) and a statute of repose (three years) for claims against a trustee by a beneficiary who has received a final accounting. Given the often complex duties of acting as trustee, as well as the potential liability arising from a breach of those duties, it is important that trustee positions not be viewed as another service to offer clients; that is, a way to “add value” to the client relationship. To that point, before taking on the role of trustee, consult with your insurance carrier regarding coverage for claims arising out of your work as a fiduciary. You will want to be certain that you have coverage for your acts as trustee. If your malpractice insurance does not provide coverage, consider obtaining a separate errors and omissions policy that will provide the needed coverage. In the end, the decision to act as trustee should be the product of considered judgment, weighing all facts and circumstances that counsel for and against assuming this role. Mark S. Furman is a shareholder and chair of the Litigation Department at Tarlow Breed Hart & Rodgers PC in Boston. He has over 30 years of experience representing clients in litigation, including trust and estate disputes. Emily C. Shanahan is of counsel at Tarlow Breed Hart & Rodgers PC in Boston. She concentrates her practice in litigation, including trust and estate disputes. Trustees have a further duty to inform and communicate with beneficiaries. A trustee’s duty to communicate is two-fold: It includes an affirmative obligation to inform beneficiaries of certain information, as well as an obligation to respond to beneficiaries’ reasonable requests for information about the trust. That duty encompasses, among other things, informing a beneficiary of the existence of the trust and of the right to request a copy of the trust. Duty to Carry Out Terms of Trust While it may seem an obvious point that a trustee should not act in contravention of the terms of the trust, avoiding such potential liability could at times be difficult in practice. Maintaining an existing relationship with a settlor or beneficiary of a trust who also is a client has the potential to place significant pressure on a CPA who takes on the role of trustee. For example, what do you do if the settlor, who also is your long-term client, approaches you in your role as trustee to make a loan from the trust, but the trust does not authorize the trustee to make such a loan? If you agree to the request, you would breach both your duty of loyalty and your duty to carry out the terms of the trust. Accordingly, it is critical that upon accepting the role of trustee, you read and understand the terms of the trust, and then revisit the terms of the trust before taking any action that is not obviously within the scope of your responsibilities and authority as trustee. sumnews Spring 2011 27 classifieds Positions Available Mattapoisett Accounting Firm seeks CPA with minimum of three years experience in public accounting for position within our Mattapoisett, MA office. Excellent opportunity for individual that is self-motivated, positive minded and able to work independently. Full time, permanent, part time or per diem o.k. To be considered, please send detailed resume outlining work history (three years minimum in public accounting) plus salary requirements and references to: sspector@northgateadvisors.com. NO CALLS OR RECRUITERS PLEASE. South Shore CPA Firm Growing and progressive CPA firm with clients in various industries has opportunities for entry level, senior accountant and manager positions to provide audit, tax and consulting services. Please contact us if you are looking for an interesting and energetic environment with a team of professionals dedicated to quality client service on the South Shore. We offer flexibility, competitive salary, excellent benefits package including 401(k) with employer match, health, life and disability insurance and health club membership. Please send your cover letter and resume to Human Resources, Leonard, Mulherin & Greene, PC, 625 Grove Street, Braintree, MA 02184; (f) 781.356.5800; careers@lmgpc.com. CPA FIRM: Progressive Braintree CPA/Business Consulting firm with sophisticated clients from various industries, is seeking Entry and Senior level Accountants, and Managers for audits, consulting engagements, tax planning and return preparation. Competitive salary and comprehensive benefits package including 401k, profit sharing plan, health, life and disability insurance. If you are looking for an exciting work environment with excellent growth opportunities, please forward your resume to: Schneider, Schneider & Associates, P.C., 35 Braintree Hill Office Park, Braintree, MA 02184; (f) 781.849.6772; Stephanie@Schneidercpa.com. Paul Kunin Consulting Accounting careers can be a minefield of conflicting interests, aspirations, and needs. Finding the right work situation at each career stage involves identifying what you want, uncovering opportunities, and executing a strategy to seize them. At Paul Kunin Consulting, we combine an 28 www.MSCPAonline.org intimate knowledge of the accounting profession with wide contacts in the field to find experienced New England finance professionals the position that’s right for them. You will be assured personal and confidential service few other recruiters can offer. For more information, call or email Paul Kunin at (617) 232-4500, pkunin@comcast.net. Carey & Company, PC is a multi-service forensic accounting and certified public accounting firm with a staff of professionals who have many years of experience providing litigation support and forensic accounting services. We are interested in hiring qualified professionals with a minimum of one to three years experience to join our growing firm. The right candidates with more experience will also be given consideration. Individuals must be CPAs or CPA candidates. Please refer to our Web site for more information: www.careycpas.com. Please mail, e-mail or fax resume to us at 20 Winthrop Square, Boston, MA 02110; info@careycpas.com; (f) 617.523.9292. PARTNER/MANAGER – Tax or Audit: We are looking for an entrepreneurial partner/manager with portable clients. If you want to find a comfortable home for your practice, we would like to talk with you about joining our 27-person firm in Newton. We can provide a terrific opportunity and a comfortable firm culture where people look forward to coming to work. Feel free to talk with us in confidentiality by contacting Stephen Bonder of Friedman Suvalle & Salomon, PC at bonder@fsscpa.com. Greenberg, Rosenblatt, Kull & Bitsoli, PC a Regional CPA firm, has career opportunities available in the following areas: Tax Manager w/ international experience; and Senior/Supervisor A&A. The right candidates must be CPAs with a minimum of 3 years recent directly related experience in public accounting. We offer a highly competitive salary and fast track opportunities. Our benefits include 401(k) and profit sharing plans, health, life and disability insurance, tuition reimbursement, continuing professional education, flex-time, and a cafeteria plan for medical and childcare expenses. Please forward cover letter and resume to: Greenberg, Kull & Bitsoli, PC, Attn: Not-For-Profit TECHNOLOGY EXPERTS Specializing in Nonprofit Accounting Software CERTIFIED RESELLER OF: AccuFund® ■ The Financial Edge® ■ By Blackbaud ■ Blackbaud FundWare® Contact Jim Clarkson at (877) 755-0745 or info@NESandS.com Mission-Oriented Solutions for the Public Sector www.NESandS.com KST, P.O. Box 15034, Worcester, MA 01615-0034; grkb@grkb.com; (f)508.799.2059. PARTNERSHIP OPPORTUNTY Natick firm seeks CPA to initially share office space and then to become a partner in our firm. Great location and excellent facilities. Ideal for CPA starting their own business or looking to move from their home. Please contact Sharon or Carol at Burke & Raphael LLC, 209 West Central Street #117, Natick, MA. 508-653-0018. Edelstein & Company LLP, a Regional CPA firm, with over 40 years of certified public accounting experience has career opportunities available in the following areas: • Tax Senior Manager • Audit Senior •Associate/Supervisor Candidates must be CPA’s with public accounting experience. At Edelstein & Company, we have built a tradition of encouraging creativity, innovation and teamwork. We offer employees an excellent work environment and a competitive compensation and benefits package. Please refer to our website for more information at www.edelsteincpa.com or email your resume to us at opportunities@edelsteincpa.com. Experienced Accountant New England’s largest regional accounting, tax and business consulting firm is seeking two accountants with two to five years of recent public accounting experience in our Rockland, MA office. Desirable candidates should be looking for career advancement with a firm that not only appreciates, but actually practices work/life balance, while providing superior service to a diverse and successful client base. Requirements: Good communication skills, creative, motivated, ability to supervise and review engagements, not-for-profit industry and yellow book experience required for one of these roles, CPA certification a plus. We offer: competitive salary, great benefits, stimulating team environment, professional growth and development, leading edge technology. EOE Please apply through the following link: https://home.eease.com/recruit/ ?id=566940. Mergers/Acquisitions Acquisition/Merger Opportunity: Join forces with a leading New England CPA and Business Advisory firm actively seeking young, progressive niche practitioners/small firms or succession minded partners interested in merging. Abrams Little-Gill Loberfeld PC (ALL) is an innovative, full-service firm combining cutting edge technology with a range of tax, audit, accounting and business advisory services. Our professionals work with closely held business owners, high net worth clients, individuals and nonprofit organizations, with an emphasis on high quality client service. We welcome interested inquiries. All replies held in strictest confidence. Please contact Ron Loberfeld, CPA, ALL, 1330 Boylston Street, FL 5, Chestnut Hill, MA 02467; 617.738.5200; ronl@all-cpas.com. MERGER/ACQUISITION: We are looking to expand our 27 person Newton firm with existing practices whose owners would like to be a part of a larger entrepreneurial firm. We are a progressive, full service firm providing attest, tax and business advisory services. We welcome niche practices as well as non-specialized complementary practices. All inquiries will be held in the strictest confidence. Please contact Steve Schwartz, Friedman, Suvalle & Salomon, PC, at 617.641.0040; schwartz@fsscpa.com. CLASSIFIEDS Achieve Your Retirement Goals With Us Established CPA firm desires to acquire accounting and tax practice from CPA retiring within 5 years. We offer accounting and tax services to private businesses in diverse industries. We know the challenges that growing companies face and provide creative thinking to help our clients take advantage of opportunities and avoid pitfalls. We provide continuous interaction with our clients throughout the year and prompt responsive service at all times. If you operate likewise, please contact: Gerald M. Tulis, Tulis, Miller & Company LLP, 313 Congress Street, Boston, MA 02210-1218; 617.946.9118 or tmco@tulismiller.com. All replies are strictly confidential. PARTNERSHIP – Do you have an existing client base? If so, our Natick CPA firm can provide a fantastic opportunity for you to build your practice and become the next generation partner. Great space. Contact Sharon or Carol at Burke & Raphael LLC, 209 West Central Street #117, Natick, MA. 508-653-0018. ACQUISITION/RETIREMENT IN NEAR FUTURE Established CPA firm located in Chestnut Hill is very interested in acquiring or merging with practitioner(s) who would like to retire in the near future. Our history of past transactions has been successful. Respond in confidence to Norman P. Posner, CPA Samet & Company PC, 1330 Boylston Street, Chestnut Hill, MA 02467; 617.731.1222; (f) 617.734.8052; normanposner@samet-cpa.com. WE ARE YOUNG ENTREPRENEURS – If you are a partner in a firm that is seeking young owners to eventually take over your practice when you and your other partners retire, please contact us. We are presently partners or managers in small local firms located in the Lexington to Wakefield area. We have decided to come together by merging into, and taking over, a retirement minded practice in the $1M to $3M range. We are a pleasant well financed group of people. To discuss this in complete confidence, please contact our advisor, Stephen Weinstein, CPA at 203-483-6664, or at swadvisor@comcast.net. Greenberg, Rosenblatt, Kull & Bitsoli, PC, a well-established CPA firm located in Worcester, is interested in acquiring quality accounting and/or tax practices. We provide a full range of audit and accounting, tax, estate planning and trust administration, management advisory, and business valuation and forensic services. We take pride in offering the high-quality client service found in smaller firms, while also being able to provide the additional resources and expertise of a larger firm. Please respond in confidence to Agnes E. Kull, CPA, Greenberg, Rosenblatt, Kull & Bitsoli, PC, 306 Main Street, Worcester, MA 01615-0034; confidential@grkb.com. PRACTICES FOR SALE & WANTED THINKING OF SELLING YOUR PRACTICE? Accounting Practice Sales is the leading marketer of accounting & tax practices in North America. We have a large pool of buyers, both individuals & firms, looking for practices now. We also have the experience to help you locate the right fit for your firm and negotiate the best price and terms. To find out more about our risk-free and confidential services, call Bradley Holmes with The Holmes Group at 1-800-3970249 or email bradley@accountingpracticesales.com. INTERESTED IN BUYING? See our listings and register for free email updates at www.accountingpracticesales.com or call 1-800-397-0249. Sharkansky, LLP - We are an established firm interested in acquiring a quality accounting and tax practice located south of Boston whose owners are planning to retire in the near future. We are a progressive full service firm committed to providing those services with the highest level of attention. Please respond in complete confidence to Scott Estabrooks, Sharkansky, LLP, 1350 Belmont Street, Brockton, MA 02301 at (508) 313-2338 or SEstabrooks@sharkcpa.com. PRACTICES FOR SALE THROUGHOUT MASSACHUSETTS & NEW ENGLAND: (1) NH - Concord, CPA firm, Gr. $233,000, (2) NH - Concord, CPA firm, Gr. $166,000, (3) Maine - Northern, accounting practice, Gr. $60,603, (4) Maine - Bangor, tax practice, Gr. $75,000, (5) Vermont - Northern VT, CPA firm, Gr. $110,000. (6) New York – Upstate NY, tax practice Gr. $31,339. Are you interested in buying or selling a CPA firm? We specialize in the purchase, sale, and merger of CPA firms throughout the New England states. Based in Boston we offer local knowledge combined with an extensive database of local buyers and sellers. To arrange a no obligation confidential consultation, contact Patrick O’Riordan directly @ 1-888-511-1040. Online at: www.WorldwidePracticeSales.com. Acquisition Opportunity for CPA Firms with Retirement Minded Partners: Costantino Richards Rizzo, LLP located in Practices for Sale Throughout Massachusetts Patrick O’Riordan 1-888-511-1040 www.WorldwidePracticeSales.com Wakefield, Mass, seeks to acquire a well established CPA firm located North of Boston with revenues of $500,000 to $1,500,000. Our firm has a solid infrastructure, state of the art systems and procedures, strong personnel and a reputation for high quality work. We are well positioned to ensure a successful transition of a practice with retirement minded partners. Please respond in confidence to Paul E. Costantino, CPA, MST, Costantino Richards Rizzo, LLP, 545 Salem Street, Wakefield, MA 01880; 781.279.7788; paul@crrcpa.com. Merger Established Boston CPA firm seeks to merge their clients into a well established tax and audit practice. Fees of approximately $2.3 M are generated between tax, audit and accounting services. Most principals look to retire within the next 2 to 5 years. Interested parties should respond to MSCPA Confidential Box #190, c/o Julia Bowker, 105 Chauncy St, 10th floor, Boston, MA 02111; confidential@MSCPAonline.org. Unique Opportunity in Northern Worcester County Retirement focused practitioner looking for multi-year transition plan for well-established tax, audit and accounting practice. Firm’s gross revenues average over $500,000 annually. For a confidential discussion, please respond to MSCPA Confidential Box #170, c/o Julia Bowker, 105 Chauncy St, 10th floor, Boston, MA 02111; confidential@MSCPAonline.org. SOUTH SHORE/BOSTON MERGER - Are you a sole proprietor (or a two partner firm) looking for the resources of a larger firm to provide retirement protection, technical support, staff resources, substantial growth or other benefits? We are one of the longest established firms in the greater Boston area, and are looking to diversify our practice by acquiring, or merging in, a niche, “small business”, or tax practice. We seek a firm with gross volume of between $500,000 to $1,000,000, that can become an important part of our practice. To learn more about us, please see our website, www.ocd.com. To discuss this, in complete confidence, please call or e-mail Mark Dow, Managing Partner, O’Connor & Drew, P.C., 25 Braintree Hill Office Park, Suite 102, Braintree, MA 02184 at 617.471.1120 or mdow@ocd.com. Miscellaneous OVER 1,300 QUICKBOOKS IMPLEMENTATIONS Kimberly Adams will provide setup, training and telephone support for your clients. www.adamsconsultinginc.com or 781.433.0807. PEACHTREE CONSULTING, SUPPORT & TRAINING for your firm and your clients. North Star Ventures, Inc. is the largest Peachtree support group in New England, with five Sage Software Small Business Certified Consultants for Peachtree on staff, two offices and over 20 years of experience. We can assist in Peachtree setup, implementation, on going support, ACT! 2010 integration, Simply Accounting and Crystal Reports. New Premium Support service is provided via Remote Access "Dial-In" computing. Hands-on 2-day classroom training sessions are offered each month in Andover and Sharon, MA. Contact us at www.nostar.com; tmy@nostar.com; 978-470-0799 ext. 12. QUICKBOOKS SUPPORT, CONSULTING & TRAINING for your company and your clients. North Star Ventures, Inc. can assist in the QuickBooks setup, implementation and on going support with our certified support staff. Our Premium Support Service is provided via Remote Access "Dial-In" computing. Contact us at www.nostar.com; tmy@nostar.com; 978-470-0799 ext. 12 and rws@nostar.com; 978-470-0799 ext. 19. sumnews Spring 2011 29 CLASSIFIEDS Peer Review Your Firm Will Benefit Greatly from Outsourcing Technical Review & Inspections Keep up with changing professional standards and reduce risk by adding an experienced resource to your firm. With 30 years experience with closely held businesses, I customize technical support for sole-practitioners, small and medium-sized firms. I support your firm, not compete with it. You’ll also benefit from my 15 years as peer review program technical director, to help navigate through this requirement. Improve quality and gain the time to add value to your clients’ businesses. Contact Jack Goldberg, CPA for a free consultation: 617.303.2416; jgoldbergcpa@MSCPAonline.org. PEER REVIEWS Experienced in review for both MA Society and the NE Peer Review systems. Other services available include merger and acquisition consulting, partner dispute resolution service, and team building. Member EBPAQC and GAQC. Call Tom Quin, QRGA, LLP, to chat about your needs; 781.551.0040. PEER REVIEW On and off site reviews. Experienced with all size firms. Pre and post issuance reviews and inspections. In-firm consulting with respect to financial statements and accountants reports. Call Richard DelGaudio, CPA, at 978.667.4609. PEER REVIEWS Experienced reviewer for on-site & off-site reviews, as well as inspections/monitoring. Contact Michael Rurak of Roy & Rurak, LLC, 158 Pleasant St, North Andover, MA 01845; (p) 978.409.6180; (f) 978.409.6183. Peer Review Siegrist & Cree is an experienced reviewer for systems reviews, engagement reviews and interim annual inspections/monitoring. We will tailor the peer review to highlight your strengths and to offer recommendations to highlight your strengths and to offer recommendations to improve efficiency. We understand the many issues local firms face in today’s accounting environment. Please call Michael J. Alessandri, CPA to discuss preparation for your next review. Michael J. Alessandri, CPA, Siegrist & Cree, CPAs, PC; 781.237.4620 ext. 115; (f) 781.235.8021; or e-mail alessandri@sieg-cree.com. PEER REVIEWS AND INSPECTIONS Extensive experience providing these services to all size firms for over ten years. Pre and post issuance reviews. We know the compliance issues of small and medium sized firms. Contact Ed Mann, E. L. MANN, PC 1290 Worcester Road, Framingham, MA 01702, 508.872.4400; EMANN@ELMANNCPA.com. Bigger is Better Peer Reviews Call an experienced firm. Our experience results in a professional, competent and economical review. Call Charles Comtois at Sullivan Bille, PC, 600 Clark Road, Tewksbury, MA 01876; 978.970.2900; ccomtois@sullivanbillepc.com. Peer Review CPA Firm in Lowell area, MA, has extensive experience with all size firms concerning on and off-site peer reviews. Understand problems faced by local firms today. Maximize efficiency while maintaining high standard of quality. Competitive fixed rates. Contact Loiselle & Associates, PC, at 978.649.2204; loiselle.associates@comcast.net. Peer Reviews Thomas P. Kirwin, CPA, has performed many peer reviews and provides an efficient review that adds value to your firm's quality control system. Let us put together your next peer review team or perform your next inspection. Call Tom to discuss your review or inspection. Thomas P. Kirwin, CPA, PC, 170 Main St Ste 111, Tewksbury, MA 01876; 978.851.8111; Tom@TPKAdvisors.com. Accounting Practice Sales is North America’s leader in sales because we know how to navigate today’s tricky financial market. When you decide to sell your practice, remember APS got to be the biggest because we earned it. We are the best at what we do! Bigger is Better! Call Bradley Holmes today! The Holmes Group Call 1.800.397.0249 www.AccountingPracticeSales.com bradley@accountingpracticesales.com NORTHÊAMERICA'SÊLEADERÊINÊPRACTICEÊSALES e’ll assist you. Maximize your firm’s finances to work smarter and more efficiently. FINANCIAL SERVICES FOR ACCOUNTANTS Webster offers a tailored package of financial services to help you manage your costs and run your practice more efficiently. We can offer your firm business checking account options suited to your needs, and competitive rates on business credit lines1 to manage your firm’s cash flow. For more information, contact Mary Stuart Kilner at 401.228.2045 or mkilner@websterbank.com. WebsterBank.com All credit products, pricing and overdraft protection are subject to the normal credit approval process. Some applications may require further consideration and/or supplemental information. Certain terms and conditions may apply. SBA guaranteed products may also be subject to additional terms, conditions and fees. All loans/lines of credit require a Webster business checking account which must be opened prior to loan closing and which must be used for auto-deduct of payment. The Webster Symbol and Webster Bank are registered in the U.S. Patent and Trademark Office. 1 We’ll Assist You - MA CPAs 30 Studio Number: 009482011 www.MSCPAonline.org Ad Code: WFC-BPB-2012 3/16/2011 GD: Jessie Sumnews Size: Half Page (7.5” x 4.875”) Color: BW MM: Joanne Renna Webster Bank, N.A. Member FDIC TAKING A MEMBER SPOTLIGHT 1. Why did you toss your office chair, opting to stand all day? To me, being an active accountant is about striking a balance with my personal goals and professional life. With our profession being extremely sedentary, the challenge to be active can seem daunting. After having read several articles about how bad sitting all day was, it seemed like an easy experiment (all I really had to do was stand, how hard would that be?). 2.You started this experiment in January 2011. How long did it take to adjust to your new work environment? The he first week was strange. I have breakfast after arriving in the morning, so standing while eating was certainly different. One of the benefits was that I rarely felt the afternoon lull that usually happens between 2 and 4 p.m. 3.How did you reorganize your office? At the start, I used a bookshelf for my computer monitors and keyboard. Then I realized that the TV stand that I was using for a standing workspace would be perfect for my computer and writing. After two months, I bought a “fatigue mat,” basically a rubber pad that you see at the airport for TSA agents, to help relieve my tired feet. The whole thing cost about $60. 4.What was the reaction from your co-workers and how did you justify it to your superiors? It was funny, trying to create a stand-up office on the cheap meant I didn’t have too much resistance. I’m also lucky to have an office, so my experiment wouldn’t affect other’s work environments. My coworkers were intrigued and interested to see if it would work. However, I got teased frequently when I’d be sitting in the lunchroom or out at a client. 5.What’s changed since you started standing? When I sit for long periods of time now, my shoulders and back get tight. I naturally hunch over the computer, but with standing, my posture was much better. When coworkers come into my office, they are forced to stand too. It is easier to look at work papers or tax returns together because nobody is standing over my shoulder. The long hours of tax season were my biggest challenge because I had trouble concentrating after 5 p.m. , CPA born LLP n a S pany than Jona ein & Com t s l e Ed 6.As a triathlete and someone who runs to work (Sanborn works in Boston and lives in Somerville), you are athletic. Do you need to be athletic? This was perhaps the most interesting side effect of the experiment. I don’t think being a runner made standing all day easier. The hardest part was mental and having been conditioned over so many years of sitting while at work. I truly believe anyone could do this without any significant athletic background. 7. How has this endeavor affected your work? Overall, I don’t think it’s affected my work product either way. I felt a bit more focused when standing, but it became increasingly challenging to work on lots of complex tax returns all day. When critically thinking, my natural tendency is to sit. I think once I break this association (hard thinking = sitting), standing will feel a bit more natural when doing complex tax returns and financial statements. After the first month, it just felt natural to be standing. 8.Would you recommend that other CPAs switch to standing? Why? Yes, because I believe changing your physical surroundings helps one think differently and to notice new things about your work that may have become routine. It’s not a replacement for being active outside the office, but I’ve found it to be a way to bridge the gap and try something new. Stand on my friends. Sanborn writes about his experiment in the “Tales of the Active Accountant” articles, which are published on the MSCPA website. Read part three of his journey today: http://www.mscpaonline.org/activeaccountant. sumnews Spring 2011 31 sumnews MSCPA 105 Chauncy Street 10th Floor Boston, MA 02111-1742 617.556.4000 800.392.6145 Fax 617.556.4126 MSCPAonline.org New Member Benefit: FedEx MSCPA has teamed up with FedEx to help boost your bottom line. As a MSCPA member, you are now eligible to receive valuable discounts of up to 29% on select FedEx Express® and FedEx Ground® shipping. Visit www.mscpaonline.org/FedExBenefit (enter passcode DDWCGS) Join the MSCPA’s TOASTMASTER CLUB Master the art of public speaking and set yourself apart when you are: Giving client presentations; Conducting educational seminars; and Addressing industry organizations. The MSCPA Toastmasters Club meets June - Dec. on the second and fourth Wednesday of the month from 6:00 - 7:00pm in Boston. Come to the demo meeting on May 25 to learn more about the Club. Visit www.MSCPAonline.org/toast CPA dAY of Service friday, June 17 For more information visit: www.mscpaonline.org/dayofservice or email Kara Kieran, kkieran@mscpaonline.org. This event, developed by the MSCPA's Young Professional Community Service Committee, offers a great way for CPAs across the state to unite and positively impact their communities. Firms, companies and individuals are encouraged to volunteer for a community organization of their choice, and are able to tailor the event to fit any schedule — whether committing to a whole day or just a few hours. Clean up the local park, visit a school, hold a clothing drive, serve lunch at a food bank or donate blood.
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