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Succession planning: It’s not just for accounting firm clients

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More frequently than ever, I witness stories of small, single-partner CPA shops that suddenly end. Most of them end because the sole partner passed away or became disabled. In many of these cases, clients are left to scramble for a replacement CPA. Along with that, any enterprise value that the sole partner may have had in the enterprise withers away to a fraction of its real value … and sometimes zero.

The bottom line is this: Succession planning is not something that you only do for clients. You must practice what you preach and ensure that your clients have continuity of services and that your beneficiaries receive value for the enterprise value that you’ve created. Single-partner firms need to plan ahead, regardless of your age, for the distinct possibilities of tomorrow.

Based on the reality that tomorrow could be the last day at work for anyone reading this, I’m going to lay out some of the steps that you may want to do now (or after tax season) to protect your professional practice in the event something really bad happens to you.

Who will fill your shoes?

Your first order of business is to line up someone or another firm to act as your successor under the possible scenario that your disability may be temporary — say, less than one year — or permanent.

If you believe your successor lies within your firm, then it is time to have a real discussion about your expectations regarding communications with clients, new or expanded roles for your associates if you’re not coming to work, and compensation plans for those who step up and help preserve the firm and its revenue stream.

Much of this hinges on the anticipated length of your absence. For a month or two, depending on the time of year, this could be immaterial or a huge issue. At the very least, iron out with your staff the protocol for communications. You may consider some formal communication to those clients directly impacted. It is better that they hear bad news about the sole partner from the firm, rather than the rumor mill. If properly notified, I believe clients will rally around the firm, the family and the employees and want to pitch in by remaining loyal clients.

You then need to evaluate current compensation and the fair value of the service your successor may deliver to the firm during your absence commensurate with the increased responsibilities and time commitment. The compensation adjustment is usually related to the longevity of your disability. If you will be out for a month or two during your slow season, that adjustment may be modest and in the form of a performance bonus for the extra load that was absorbed.

Succession plan concept art

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But if you expect to be out for three months starting Feb. 1, or for a much longer period such as a year or more, the compensation adjustment may be very different. For some that are capable, compensation may need to go way up, with some consideration to profit-sharing from the firm’s bottom line during your absence.

Another significant point to consider: If you believe your team can hold the practice together for a year or so without you, then you need to make sure that your financial house is in great order. That means a good cash cushion to support you when you’re not billing hours, both short- and long-term disability insurance, and some life insurance to replace the lost value in the firm should you pass away suddenly.

If it turns out that your disability becomes permanent, then you may need to consider a few other options. The first would be your assessment of the talent remaining as potential partners. If they are partner material, then you may proceed as you may with any other third-party sale. A significant distinction, however, between your incumbent team and selling to another firm may be access to capital. A third-party buyer will generally have capital, whether equity or debt, lined up for acquisitions. With your in-house sale, you may end up having to bank the transaction and structure an earnout paid to you over a period of years.

For those practitioners whose inside team is definitely not capable of filling the partner’s shoes for up to a year, you must find another solution. You would need to find an outside successor, on either a contingent or permanent basis. In theory, this sounds simple. In practice it is definitely not easy.

For temporary disability situations, you would most likely need a firm where you know the partner(s) well. You obviously want someone technically competent, ethical, and respectful of the long-term relationships that you’ve built. Systems compatibility and other operational issues must blend well for this type of arrangement to have a chance of success. Most firms are struggling to serve their own clients efficiently, let alone absorb another partner-level workload being temporarily dumped on them. If you can find a firm to enter into a temporary service agreement, the two big issues will be compensation and client expectations. It is likely that if this temporary service happens in the peak of busy season, for example, your clients should understand the possibility that their personal or business tax returns may be extended.

A more likely scenario, based on what leading firms are willing to do, is to merge with another firm. With your disability on the table, it is likely that there would be language in such a deal whereby your merger partner has the right to buy you out if your disability is deemed permanent.

Sharing the details

If you find a firm to have on standby in case you can’t work for a while, they’ll want to know what they are getting themselves into. Is the client base and service model compatible? Are fees, costs and net profit similar? Are your clients and the demographics of your business what they are looking for as they build their firm? In short, they’ll want to perform full due diligence to accept the role. At the conclusion of their due diligence and quality of earnings analysis, they’ll know whether they want your firm or not. You’ll never find a firm to pinch hit without knowing what it would mean if they became the owner.

To that end, begin assembling the data and documents that a potential suitor would want to see. I would start with a formal business valuation, performed by a third party. This valuation would be important under any possible scenario: your disability, your death, a merger or a sale.

In the valuation process, you’ll need to gather pertinent financial data for the valuation firm. The obvious things are a few years of tax returns for the practice, a client roster for the same period, billings by client and by staff person, net realization … . You know all the metrics to help determine the value of an accounting firm.

But the valuation will also give you some valuable practice management insight. It will expose the strengths of your firm and it will expose your vulnerabilities. The biggest vulnerability in the valuation process is likely to be your lack of a successor! So make sure the evaluator is doing the work with your firm as a going concern, as if you were going to sell it now and stay on as long as deemed necessary to ensure a smooth transition of client service and trust.

After the valuation is complete, you need to start approaching colleagues that you admire and ask them if they’d entertain a conversation about your firm. You may have to kiss a lot of frogs to find the firm that is a good fit and wants to work with you on that basis.

As mentioned earlier, this issue is not top of mind for many practitioners, let alone a younger professional. But don’t let your age deceive you; younger professionals need to have a succession plan also. If you are on the back nine, and within five years of a desired retirement, your time is today. You can’t afford to gamble and see where the chips fall; there is too much riding on your health. You need to practice what you preach, and do this for your clients, your staff, your family, and your own peace of mind.

In fact, after you’ve considered these possibilities for yourself, your mind should begin to wander: How many of your clients are the sole owners of their businesses? How many of them have gone through a full succession analysis? You know that the likely answer to that is none to perhaps a few. I think that this is another service you can deliver to these clients to make them realize how much you care about them.

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Trump said to be open to lowering SALT cap in GOP tax bill

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President Donald Trump told Senate Republicans he is open to a state and local tax deduction cap lower than the $40,000 in the House-passed version of his giant tax bill, a person familiar with the matter said. 

Trump signaled his position in a meeting with Senate Finance Committee Republicans on Wednesday, and the comments added momentum to Senate GOP efforts to enact a lower SALT cap. 

That push has led to resistance from the House, with Speaker Mike Johnson telling Bloomberg TV Thursday he is fighting to keep the $40,000 cap as it is. 

After the White House meeting Wednesday, Senate Finance Committee Chair Mike Crapo lamented about the cost of the House bill’s SALT cap. 

“There’s not a single Republican senator from New York, New Jersey or California, so there’s not a strong sentiment in the Republican conference to do $350 billion for states that the other states subsidize,” Crapo told reporters.   

Crapo’s top priority for the Senate tax bill is extending a bevy of temporary business tax breaks in the House bill that would expire after 2029, including enhanced interest expensing and deductions on research, development and equipment. Crapo is looking to trim other aspects of the House bill in order to offset the added cost of making those breaks permanent. 

He said that a decision had not yet been made on whether to lower the SALT cap or to what level. Under current law, individuals and couples can deduct $10,000 in state and local taxes if they itemize on their tax returns. 

Johnson said that the higher cap is crucial for the House to be able to pass the final version of the tax bill when it is sent back from the Senate later in the summer. He said he has made that clear to the Senate GOP.

“I told my friends I am crossing the Grand Canyon on a piece of dental floss,” he said.

The Washington Post first reported Trump’s openness to a smaller cap. 

“The White House is working closely with leaders in Congress to ensure that this landmark legislation gets over the finish line,” said spokesperson Kush Desai.

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Employers added 139K jobs in May, including 3,100 in accounting

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Employment grew by 139,000 jobs in May, the U.S. Bureau of Labor Statistics reported Friday, while the unemployment rate remained unchanged at 4.2%.

Employment continued to grow in the health care, leisure and hospitality and social assistance sectors, but the federal government continued to lose jobs as the Trump administration kept up its efforts to slash the workforce. The professional and business services sector lost 18,000 jobs in May, but added 3,100 in accounting, tax preparation, bookkeeping and payroll services. 

Average hourly earnings increased 15 cents, or 0.4%, to $36.24 in May. Over the past 12 months, average hourly earnings have increased 3.9%. 

“Really only two sectors made up the bulk of all job growth — health care and social assistance (+78K) and leisure and hospitality (+48K),” said Andrew Flowers, chief economist at Appcast. “The ‘diffusion index’ (which measures the breadth of job growth) fell near the lowest point of this cycle. Beyond those sectors, there were signs that professional and business services job growth has weakened further, with the three-month moving average now negative. Moreover, the DOGE-led effort to trim government bureaucrats is having real effects, with a -22K job contraction in the federal workforce.”

As part of those cuts, the U.S. Bureau of Labor Statistics itself has been cutting back on its collection of consumer data for measures such as the Consumer Price Index, which could affect the reliability of some of its data. The BLS has also been getting lower response rates in recent years to its surveys, which could affect the reliability of its data. “They’re getting a lot less data than they used to, so those things add up to probably some volatility in the numbers that come out,” said Frank Fiorille, vice president of risk, compliance and data analytics at Paychex.

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Tax Fraud Blotter: Prep perps

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Bank job; the magic is gone; not a beautiful day in the Neighborhood; and other highlights of recent tax cases.

Washington, D.C.: CPA Timothy Trifilo has been sentenced to 20 months in prison for making a false statement on a mortgage loan application and for not filing an income tax return.

Trifilo worked in compliance for several large accounting and finance firms and recently was managing director at a tax firm where he specialized in transaction structuring and advisory service, tax compliance and tax due diligence.

For a decade, he did not file federal income tax returns nor pay taxes owed despite earning more than $7.7 million during that time. He caused a tax loss to the IRS of more than $2 million.

In February 2023, Trifilo sought to obtain a $1.36 million bank-financed loan to purchase a home in D.C. and was working with a mortgage company. After the company told him that the bank would not approve the loan without copies of his filed returns, Trifilo provided fabricated documents to make it appear as if he had filed federal returns for 2020 and 2021. On these returns and other documents, Trifilo listed a former colleague as the individual who prepared the returns and uploaded them for filing with the IRS. This individual did not prepare the returns, has never prepared returns for Trifilo and did not authorize Trifilo to use his name on the returns and other documents.

The bank approved the loan and Trifilo purchased the home.

Trifilo, who previously pleaded guilty, was also ordered to serve two years of supervised release and pay $2,057,256.40 in restitution to the IRS.

New York: Tax preparer Rafael Alvarez, 61, of Cortland Manor, New York, has been sentenced to four years in prison in connection with a decade-long, $145-million tax fraud.

Alvarez, a.k.a. “the Magician,” who previously pleaded guilty, oversaw the filing of tens of thousands of federal individual income tax returns that included false information designed to fraudulently reduce clients’ taxes. From around 2010 to 2020, Alvarez was the CEO, owner and manager of ATAX New York, also d.b.a. ATAX New York-Marble Hill, ATAX Marble Hill, ATAX Marble Hill NY and ATAX Corporation. This high-volume prep company in the Bronx, New York, prepared some 90,000 federal income tax returns for clients during this period.

Alvarez both prepared returns for clients and recruited, supervised and directed other personnel who in turn prepared returns. He oversaw what authorities called “a sweeping fraudulent scheme” where he and his employees submitted false information on clients’ returns. This information included, among other things, bogus itemized tax deductions, made-up capital losses, phony business expenses and fraudulent tax credits.

Alvarez recruited to ATAX and personally trained “impressionable, easily intimidated” workers. When some employees questioned Alvarez about his fraudulent tax prep, he threatened these employees about reporting his scheme.

He deprived the IRS of $145 million in tax revenue. 

He was also sentenced to three years of supervised release and ordered to pay the IRS $145 million in restitution and forfeit more than $11.84 million.

Philadelphia: Tax preparer James J. Sirleaf, 65, of Darby, Pennsylvania, has pleaded guilty to a multiyear scheme to help clients file false income tax returns to fraudulently increase their refunds, as well as to filing false personal income tax returns for himself.

Sirleaf, who previously pleaded guilty, was the sole owner and operator of Metro Financial Services; he prepared false and fraudulent 1040s for clients for at least tax years 2016 through 2019. On the returns he included false deductions, business expenses and dependent information.

He also filed false returns for himself for tax years 2017 through 2019, failing to fully report his income.

Sirleaf caused a tax loss to the IRS of $219,622.

Sentencing is Sept. 3.

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Summerfield, North Carolina: William Lamar Rhew III has pleaded guilty to wire fraud, money laundering, securities fraud, tax evasion and failure to file returns in connection with a $20 million Ponzi scheme.

From November 2017 to December 2023, Rhew defrauded at least 117 investors of at least $24 million. He induced victims to invest with his company, Chadley Capital, which would allegedly buy accounts receivable at a discount, sell them for a profit and provide consistently high rates of return. Rhew touted the company’s increasing deal flow and underwriting standards and claimed $300 million in transactions in 2023, consistent returns exceeding 20% per year and nearly 74% total growth over 24 months.

All Rhew’s representations were false. Instead of investing victims’ funds, Rhew used the money on personal expenses, including the purchases of a boat, a beach house and luxury cars, and to make “interest” and “withdrawal” payments to other victim-investors.

For 2018 through 2022, Rhew willfully failed to report nearly $9 million in income to the IRS.

He has agreed to pay almost $14.9 in restitution to the victims and $3,056,936 to the IRS.

Sentencing is Aug. 22. Rhew faces up to 20 years in prison, supervised release of up to three years and monetary penalties.

Miami: In related cases, three tax preparers have pleaded guilty to tax crimes connected to a scheme to prepare false returns.

Franklin Carter Jr., of Sanford, Florida, pleaded guilty to conspiring to defraud the U.S. and to not filing returns. Jonathan Carrillo, of St. Cloud, Florida, pleaded guilty to conspiring to defraud the U.S. and assisting in the preparation of false returns.

Diandre Mentor has pleaded guilty to conspiring to defraud the United States by filing false returns for clients.

From 2016 to 2020, Carter and Carrillo owned and operated Neighborhood Advance Tax, a tax prep business with a dozen offices throughout Florida. Mentor worked there between January 2017 and 2019. The conspirators inflated client refunds by fabricated deductions and held periodic training to teach Neighborhood employees how to prepare fraudulent returns.

In 2020, Mentor and his co-conspirators also started Smart Tax & Finance, which  expanded to 12 franchise locations throughout South and Central Florida. The next year, Carter, Carrillo and the co-conspirators started Taxmates, which operated out of the same offices that Neighborhood had used. Both firms prepared false returns for clients; many of those returns included false deductions.

The three also continued to teach franchise owners and employees how to prepare false returns for clients. In addition, Carter did not file personal tax returns for 2019 through 2021.

Carter and Carrillo caused a tax loss to the IRS exceeding $12 million. Mentor caused a tax loss to the IRS totaling $3,090,077.

Several co-conspirators have also pleaded guilty, including Abryle de la Cruz, Emmanuel Almonor, Adon Hemley and Isaiah Hayes.

Carter and Carrillo each face up to five years in prison for the conspiracy charge. Carter faces up to a year for each failure to file a return charge; Carillo faces a maximum of three years for each charge of assisting in the preparation of a false return; Mentor faces up to five years in prison. All three also face a period of supervised release, restitution and monetary penalties.

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