The Securities and Exchange Commission today settled charges with Entergy Corporation for failing to maintain internal accounting controls to ensure that its surplus materials and supplies were accurately recorded in accordance with generally accepted accounting principles. 

From mid-2018 to the present, the Louisiana-based utility company included materials and supplies at their average costs as an asset on its balance sheets, according to the SEC’s complaint. During this same time, however, Entergy employees and management consultants allegedly informed the company that this asset included a substantial amount of potential surplus, including aged materials and supplies in excess of anticipated future use or exceeding the maximum stocking levels.

The SEC claims that Entergy failed to establish a comprehensive process to review these materials supplies to identify surplus, remeasure it and record any differences between its average cost and remeasured cost as an expense, in accordance with GAAP.

“Internal accounting controls serve as a front-line defense in ensuring the accuracy and reliability of financial statements,” Sanjay Wadhwa, acting director of the SEC’s Division of Enforcement, said in a statement. “Investors rely on public companies, such as Entergy, to ensure that adequate internal accounting controls are in place. We allege that Entergy failed to fulfill its obligation in this regard.”

Without admitting or denying the findings, Entergy agreed to the entry of a final judgement, subject to court approval, which includes being permanently enjoined from violating Sections 13(b)(2)(A) and 13(b)(2)(B) of the Securities Exchange Act of 1934, paying a $12 million civil penalty and implementing an independent consultant’s recommended improvements to its internal accounting controls.

As tax professionals scour for strategies that can save clients money while bolstering their financial positions, among the most innovative options available are alternative investments offering generous deductions. Some even come in at deduction ratios of eight or 10, but watch out for how to dissolve later on to keep the tax benefits. 

For example, one K-1 alternative investment requires a $25,000 investment, producing five times that in deductions ($125,000). Applying the highest personal rate (plus state taxes sometimes) you are looking at $125,000 x.37 as actual dollars saved. That can be more than the original investment netting immediate cash flow. then there are ongoing investment income in some cases

These strategies — ranging from leaseback arrangements to foreign currency investments and structured leveraged ownership plans — are more than just smart tax moves; they’re powerful tools for reshaping financial outcomes. With time running out, these opportunities could be the key to helping clients close the year with a stronger, more optimized tax position.

Leaseback arrangements: Turn assets into tax savings

Leaseback arrangements are like giving an asset a second life. Companies sell an asset — be it real estate, equipment, or intellectual property — and then lease it back from the buyer, freeing up cash while maintaining the asset’s utility. From a tax perspective, these arrangements offer a clever way to convert equity into deductible lease payments.

Tax benefits that count:

• Deductible lease payments: Lease payments become a business expense, directly reducing taxable income.
• Enhanced liquidity: Selling the asset generates immediate cash flow that can be reinvested into the business or used for other strategic purposes.

What to watch out for:

• Fair market value: Pricing must align with market norms to avoid IRS scrutiny.
• Business purpose: The transaction should have a genuine operational reason beyond tax benefits; otherwise, it risks being reclassified.

For clients with underutilized assets, leasebacks can be a win-win strategy: Unlock cash today and save on taxes tomorrow.

Foreign currency investments: Diversify and deduct

Foreign currency investments bring an adventurous twist to tax planning. Whether hedging against domestic currency fluctuations or seeking exposure to international markets, these strategies come with unique tax advantages.

Tax advantages:

• Ordinary income treatment: Gains and losses on most foreign currency transactions are recognized as ordinary income or loss, making them easier to offset against other income.
• Section 988 deductions: Transactions falling under IRC Section 988 provide clear guidelines for deductibility, simplifying compliance.

Smart planning tips:

• Detailed records: Precision matters. Record the exchange rates and transaction details meticulously.
• Strategic hedging: Use hedging strategies to manage risk while preserving potential tax benefits.

For clients already operating internationally or with exposure to multiple currencies, leveraging foreign exchange transactions could be a natural fit for year-end tax optimization.

Structured leveraged entity ownership

Structured leveraged ownership plans turn the power of debt into a tax-savvy advantage. By financing investments through borrowed capital within an entity, clients can amplify returns while benefiting from interest deductibility.

The tax play:

• Interest deduction: Interest payments on the debt used to fund investments can significantly reduce taxable income.
• Entity flexibility: Different ownership structures — such as partnerships or LLCs — can be tailored to maximize deductions while minimizing liabilities.

Stay in compliance:

• Reasonable debt levels: Keep debt-to-equity ratios reasonable to avoid the IRS treating the debt as equity.
• Passive activity rules: Ensure that activities meet IRS guidelines to avoid limitations on loss deductions.

Clients looking to scale their portfolios or businesses can use this strategy to multiply their financial impact while keeping taxes in check.

Seize the moment: Year-end tax planning

With December 31 looming, now is the time to act. To ensure your clients reap the benefits of these alternative investment strategies:

1. Evaluate opportunities: Identify clients with underutilized assets, international exposure, or capacity for leveraged investments.
2. Assess tax scenarios: Pinpoint where these strategies align with your clients’ broader financial goals.
3. Act quickly: Execute transactions before the year closes to lock in deductions for this tax cycle.
4. Partner up: Work closely with legal and financial advisors to navigate the complexities of these strategies while ensuring compliance.

By implementing leaseback arrangements, foreign currency investments, and leveraged entity ownership plans, tax professionals can offer clients not just compliance but meaningful financial transformation. As we head into a new tax year, there’s no better way than by helping clients achieve a stronger, more tax-efficient financial footing.