Feral Jundi

Friday, September 9, 2011

Finance: Higher Business Taxes May Follow Treasuries Definition Of ‘Small’

Filed under: Finance,Industry Talk — Tags: , , , , , , — Matt @ 11:50 AM

Boy, this is one of those deals that could impact a bunch of folks out there who have set up S Corps or similar business structures as independent contractors. In this quote below I have included a point of contact to follow on this matter who originally brought this front and center. His name is Bob Perry and he specializes in this particular area of the industry. Here is a quote from his article and by all means follow the link if you want to read more and contact him.

TAX ALERT: For Owners of Private Security Companies
September 8th, 2011
By Bob Perry
Congressional lawmakers consider rewriting the U.S. tax code for closely held businesses, including those organized as partnerships, S corporations and limited liability companies.
This could have a dramatic negative effect on the owners of these corporations as they operate the company; and on the net proceeds from an eventual sale of the operating assets.

Hopefully some CPA types can come up and add their two cents on this deal. –Matt

 

 

Higher Business Taxes May Follow Treasury’s Definition of Small
By Andrew Zajac
Aug 18, 2011
A new definition of what constitutes a small business being considered by the Treasury Department is raising concerns among some closely held companies that it’s a step toward requiring them to pay corporate taxes.
The proposed definition, included in an Aug. 9 Treasury report, places the upper limit for a small business at $10 million in annual gross income or deductions. Currently, there is no size limit on what constitutes a small business for purposes of tax policy discussions.
The parameters could affect larger, closely held businesses, including those organized as partnerships, S corporations and limited liability companies. Such firms are called flow-through entities because profits flow directly to their owners, who pay personal income tax without first being subject to corporate tax. Large investment firms, including D.E. Shaw LP of New York and Renaissance Technologies Corp. of East Setauket, New York, and major law firms such as Los Angeles- based Latham & Watkins LLP are organized as flow-through companies.

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Friday, July 29, 2011

Military News: Military Retirement Is More Generous And Expensive Compared To Private Sector

Hat tip to Thomas Ricks over at Foreign Policy for pointing this one out. Data like this seems to be missed when we discuss the costs of a standing government army, versus the private industry.  So stuff like this really points out the differences between public and private.

I have yet to work in a company that had any security contractor retirees. Hell, I would be lucky to have a retirement package offered, and most gigs these days seem to be all independent contractor stuff. That is the reality of today’s ‘disposable workforce’. So for me, I just assemble my own retirement plan and continue put into it from the various contracts I work.  Sometimes I was lucky enough to work a contract with a 401K plan, but those were few and far between.

The government seems to be the only industry left that actually has folks that work 20 years or 30 years, and has retirees under that system. It is actually a pretty good deal and many retirees collect pensions and go on to work other jobs.

In the security contracting industry, you see a lot of retired military folks who do exactly that.  They collect a nice pension after working 20 years in the military, and then go on to be a private contractor and make even more money.  So I could understand why the Pentagon and today’s cash strapped US government is taking a second look at this system. You could also guess the reaction of guys in the military that would construe this study as a threat to their good deal. The question to ask is will the government modify the current military retirement system to match that of the federal government, and get a few more years of service out of their soldiers? Or will they succumb to the politics of the matter, and realize that a ton of military retirees and current soldiers vote.

Who knows, but I do know that the US government is in the process of making some adjustments to the budget and spending. So they are looking at all and any options of cutting costs, and the military is no exception.

The other thing I wanted to mention is that I certainly hope these statistics are factored into future cost benefit analysis between government military forces and private military forces.  There are so many costs to consider when maintaining a standing army during times of peace and war.  Not to mention that all of these retirees in the military are also drawing healthcare benefits, and the legacy costs of that must be equally as high.  I mean if a guy retires at age 40 give or take, and the average life expectancy of a human these days is around 75, then that can add up to a lot of money that tax payers will be paying over the course of that individual’s life.

Here is the report that goes into more detail about military retirement and it’s costs. –Matt

Friday, February 4, 2011

Legal News: Contractor That Worked In Iraq Cannot Exclude Compensation Under § 112

     Ok gang, this is important and please feel free to pass this around.  This contractor lost in this case and the one thing that saved his bacon was this little memo that came from an IRS Acting Deputy Director in 2004.  If you filed your taxes with the impression that you fell under the same ‘combat zone compensation’ that the members of the Armed Forces received back then, then this memo could be your life saver. If anyone has a copy of this thing, I will make an edit and add it to this post so everyone knows where to find it. Robert L. Hunt was the IRS Acting Deputy Director at the time.

     The other point I wanted to bring up here is this. The powers that be are certainly trying all they can to put us under military/government control or under UCMJ, but god forbid if contractors actually enjoyed the same tax benefits as the Armed Services in combat zones? –Matt

Edit: 02/06/2011 – Thanks to Chris for sending me a copy of this memo.  I put it up in my Scribd account here if you want to check it out.

Court: Blackwater Contractor in Iraq Cannot Exclude Compensation Under § 112

By The Tax Prof

February 1, 2011

The Tax Court yesterday held that a Florida man who earned $98,400 in 2005 working for Blackwater (since renamed Xe) providing security services to the U.S. Army in Iraq could not exclude the compensation from income under § 112 as “combat zone compensation of members of the Armed Forces.” Holmes v. Commissioner, T.C. Memo. 2011-26 (Jan. 31, 2011). The Tax Court concluded that the taxpayer did not serve in the Armed Forces of the United States but instead was a private citizen hired by and paid by a private company (Blackwater). The Tax Court refused to impose a penalty because the taxpayer relied on an IRS memorandum wrongly stating that civilian personnel in direct support of combat zone military operations qualified for the § 112 exclusion.

Link to TaxProf blog post here.

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From the Tax Court memo Holmes v. Commissioner, Page 9

     Petitioner admitted on brief that he did not file a return for calender year 2005.  Petitioner’s only explanation for failing to file is that in 2005 while in Iraq, he was given a memorandum that caused him to believe that the income he was receiving from Blackwater was not taxable.  This memorandum was an internal memorandum written to give the Commissioner’s employees field guidance for examination and collection activity involving taxpayers in Iraq.  The memorandum, titled “Memorandum for Acting Deputy Director, Compliance Field Operations”, was issued by the Internal Revenue Service Small Business/Self-Employment Division on June 28, 2004.  The memorandum states that civilian or military personnel who are in direct support of a combat zone military initiative and physically located in the combat area are entitled to the exclusion.  It also states that time spent in a combat zone by an individual serving in support of the Armed Forces will be disregarded with respect to “certain acts required under the Internal Revenue Code.”  It goes on to state that “This change in procedure will be reflected in the next revision of the IRM, which is in the process of being written.”

     Petitioner satisfies all the criteria found in the memorandum.  He was serving in Iraq alongside the military, provided security to Government officials, and aided in giving air support, medical aid, and emergency response assistance. Petitioner had no background in tax law and was given this memorandum written by an IRS employee while serving in Iraq.  We believe that receiving this memorandum while serving in Iraq could give someone reasonable cause to believe that his payments from Blackwater were excluded from gross income.  Therefore, petitioner is not liable for the addition to tax under section 6651(a)(1).

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From the Judicial Review

     While in Iraq, petitioner was given a memorandum issued by Robert L. Hunt, the Acting Deputy Director, Compliance Field Operations, Internal Revenue Service (IRS). This memorandum discussed the appropriate steps for civilian personnel to take when engaged in an IRS examination and collection activity involving a taxpayer deployed to a Qualified Combat Zone. Petitioner did not remember who gave the memorandum to him.

Sunday, October 24, 2010

Industry Talk: Foreclosure Freeze Could Put Security Clearances At Risk

     This popped up on my radar and I thought this was very interesting. I have not received any emails from contractors who are dealing with this problem, but I am sure it impacts a few out there. If anyone has experienced any issues related to this, feel free to comment below. –Matt

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Foreclosure freeze could put security clearances at risk

By Dina ElBoghdady and Dana Hedgpeth

October 20, 2010

The sudden moratorium on many foreclosures across the country has unexpectedly put some federal workers and contractors in jeopardy of losing their security clearances because of the heightened uncertainty clouding their finances, according to lawyers who handle these cases.

Employees with security clearances are monitored by the government for financial problems that would make them vulnerable to bribery or blackmail. And with many financial companies adopting some form of foreclosure freeze in recent weeks, it’s taking longer for some delinquent borrowers to resolve their mortgage cases and put their troubles behind them, the lawyers said.

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Sunday, September 5, 2010

PMC 2.0: Paying Your Local Guard Force With ‘Mobile Cash’

     This is an excellent article that discusses a very unique solution to a problem that we are dealing with in the war zones and other places throughout the world.  When companies subcontract with local guard companies for security, you often hear about how the managers screw over their guard force by skimming off the top of their pay.  They do all sorts crappy things to their people, and it can do a lot of damage to the morale of the guard force.

     The idea of mobile cash is about how the customer that pays for this guard service, can ensure that their contracted guard force is getting paid on time and in full via cell phone/text messaging.(read the article below for details) This is especially pertinent in war zones where telecom might be up and running, but not much else. Africa, Afghanistan and Iraq all have thriving telecom markets, and everyone has cell phones, and this is one more way to tap into this technology for the good of the company and mission.

     In order to maintain the edge in this market of force, and not lose folks to the enemy or a competitor, you need to make sure every last penny you are spending on these guard contracts is accounted for.  It also makes it very hard for your subcontracted field managers to take from the guards, which will also help in your market of force optimization. Anything you can do to minimize the potential for corruptive activities is a good thing.

     Now on to some ideas with this ‘mobile cash’ concept that the authors could have expanded on.  I have talked before about COIN and SMS, and this kind of cell phone payment system will make it easier to crowd source and spread messages. Some of the ideas I was thinking of is to offer bounties through the same system for any individuals that can locate wanted enemies or provide information. You could also provide bonuses to guards that participate in surveys.  How about an english learning program, which would make it a game for guards to learn english?  There are a ton of things you could ask the guards to do in order to get ‘feedback gold’ before they could collect their paycheck. I guess the point is, is just offering payment through this convenient service will be reward enough for anything you need them to do.

     The other thing that you could do with this concept for government related services, is to constantly ask police, military, and government folks to identify issues that need to be addressed within their organizations–before they collect their paycheck via phone. You don’t want to piss them off by making them go through too many hoops, but you could definitely tap into all of these ‘human sensors’ throughout the organizations, and get a feel for what is going on and collect data.

     I really like the commerce angle on this.  If this mobile cash concept makes transactions more transparent with better record keeping, then that will make banks more accountable. Especially when you have dorks like Karzai’s family in charge of the Kabul Bank, and because they keep playing games and writing checks to all their friends, that now you have a bank in trouble. (and I will pull my hair out if the US bails out this bank…pfffft) Hell, if there was a way to bypass corrupt local banks and maybe use international banks or even try a telecom bank type system?  Who knows, but either way the cell phone transaction will only add more record keeping to the whole thing.

     Now for the future.  I believe in several years, the smart phone market will catch up in these war zones.  People might joke, but locals in the cities will purchase these things because they are status symbols. The car, motorcycle, satellite dish, cellphone, and the soon to become a hit ‘smart phone’ are all status symbols that locals in these countries want to have. These devices will also be within their reach just because there will be such a large supply of them throughout the world.  The telecom industries in these countries will also do their best to keep up with this latest trend.  That is just my thoughts on the future of this stuff.

     Now imagine a local Afghan businessman with basically a computer in his pocket?  The apps, the online payment systems of international banks, the social networking, all of it, will be available to these folks in developing countries. It will be wise for us to take advantage of this new reality, and develop strategic communications plan that utilizes these devices as a means to reach out. Good article and a big hat tip to the guys at Small Wars Journal for putting it out there. –Matt

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One Cell Phone at a Time: Countering Corruption in Afghanistan

by Dan Rice and Guy Filippelli

September 2, 2010

Download the full article: One Cell Phone at a Time

American commanders are preparing for a major offensive in Afghanistan to attack one of the most formidable enemies we face in country: corruption. Despite sincere efforts to promote governance and accountability initiatives, Afghanistan has slipped from 112th to158th place on Transparency International’s global corruption index. One reason the international community has been unable to effectively tackle corruption in Afghanistan is that our own reconstruction efforts perpetuate the problem. As Secretary of State Hillary Rodham Clinton recently acknowledged, “Corruption, frankly… is not all an Afghan problem.” Money appropriated to secure and stabilize the country is too easily siphoned and redirected as it changes hands, inevitably making its way to local powerbrokers, insurgent networks, and offshore bank accounts, rather than the individuals who need it most. One solution to this problem lies in the palm of our hands: the mighty cell phone.

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