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The pros and cons of tax-free tips

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Both candidates for president have proposed making tips for services tax-free, meaning that it may be an idea whose time has come. Former President Donald Trump initially made the proposal, and soon after, Vice President Kamala Harris chimed in. The two candidates made their proposals in Nevada, which — in addition to being up for grabs electorally — has the highest percentage of service-related workers in its workforce of any state. 

“Not surprisingly, both Trump and Harris announced their proposals in a battleground state with an outsized hospitality and service industry with many tipped workers,” said tax attorney Marc Kushner of MAK Tax Law Group. 

Before the two candidates made their proposals, there had been a couple of bills floated in Congress. “Senator Ted Cruz proposed a bill to exempt tip income from income tax, and other bills would exempt tips from both income and payroll tax. But there is a real concern that, depending on how tips are defined, highly compensated employees may try to adjust their compensation to take advantage of it, and of course that’s not who the proposal is meant to benefit,” said Kushner.

Tipping -- tip money for a server

MARGARET JOHNSON/MargJohnsonVA – stock.adobe.com

“On its face, this proposal has a lot of appeal, and resonates with many people not just for its perceived fairness in terms of such workers being at the lower end of the income scale and the uncertainty and unsteadiness of such income for these workers,” he said. “It’s also a recognition of the inherent difficulty in tracking tips income — and, in particular, cash tips paid directly by customers, rather than employers, to tipped employees.”

While these proposals are touted as benefiting the millions of restaurant, hospitality, and other service workers whose compensation is comprised substantially of uncertain and unsteady tip income, the biggest beneficiaries of these proposals could largely be the employers of these workers, as well as nontipped, highly compensated employees and their employers, according to Kushner. 

“First, a sizable number of tipped workers do not earn sufficient income to be subject to income taxes under current tax law,” he observed. The cash tips received by tipped workers are generally and largely remitted directly by customers to the tipped workers without ever going through the employer’s hands nor ever being reported to the employer by the tipped workers. These cash tips are essentially already de facto ‘exempt’ from income and Social Security taxes.”

For those tipped workers who do in fact report their cash tips to their employers — together with their credit-card tips and other tips funneled through the employer — the employer would no longer have to withhold income and Social Security taxes, nor pay the employer Social Security taxes on such tips, and this tipped income would not be taken into account in determining Social Security eligibility for the tipped worker, Kushner remarked. 

“Moreover, whereas there has been a recent movement of some restaurant companies to adopt a fixed compensation model for their servers and eliminate tipping altogether, these proposals if enacted would likely place less emphasis on these efforts, as well as incentivize the hospitality and service industry to lobby Congress and state and municipal legislatures to curb efforts to increase minimum wages for tipped workers,” Kushner added.

“Perhaps most consequentially, depending on how circumscribed this proposal might be worded if enacted, it could incentivize nontipped, highly compensated and hugely creative employees and nonemployee personnel and their companies, funds, and other entities to try and restructure compensation to qualify as tax-exempt ‘tips’ income,” Kushner predicted. “For private equity, venture capital and hedge fund managers, general partners, this could prove to be an even bigger boon than the taxation of ‘carried interest’ income at the reduced long-term capital gains tax rate,” he concluded.

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Accounting

GASB issues guidance on capital asset disclosures

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The Governmental Accounting Standards Board issued guidance today that will require separate disclosures for certain types of capital assets for the purposes of note disclosures.

GASB Statement No. 104, Disclosure of Certain Capital Assets, also establishes requirements and additional disclosures for capital assets held for sale. 

The statement requires certain types of assets to be disclosed separately in the note disclosures about capital assets. The intent is to allow users to make better informed decisions and to evaluate accountability. The requirements are effective for fiscal years beginning after June 15, 2025, and all reporting periods thereafter, though earlier application is encouraged.

The guidance requires separate disclosures for four types of capital assets:

  1. Lease assets reported under Statement 87, by major class of underlying asset;
  2. Intangible right-to-use assets recognized by an operator under Statement 94, by major class of underlying asset;
  3. Subscription assets reported under Statement 96; and,
  4. Intangible assets other than those listed in items 1-3, by major class of asset.

Under the guidance, a capital asset is a capital asset held for sale if the government has decided to pursue the sale of the asset, and it is probable the sale will be finalized within a year of the financial statement date. A government should disclose the historical cost and accumulated depreciation of capital assets held for sale, by major class of asset.

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Accounting

On the move: RRBB hires tax partner

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Suha Uddin

BRIAN BOUMAN MEMORY CREATIO

Suha Uddin was hired as a tax partner at RRBB Advisors, Somerset. 

Sax, Paterson, announced that its annual run/walk event SAX 4 Miler, supporting the Child Life Department at St. Joseph’s Children’s Hospital in Paterson, has achieved $1 million in total funds raised since its inception in 2012.    

Withum, Princeton, rolled out a new outsourcing service offering as part of its sustainability and ESG practice designed to help companies comply with the European Corporate Sustainability Reporting Directive, the mandate requires reporting of detailed sustainability performance as it pertains to the European Sustainability Reporting Standards , effective January 2023.

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Accounting

Armanino takes on minority investment from Further Global

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Top 25 Firm Armanino LLP has taken on a strategic minority investment from private equity firm Further Global Capital Management.

The deal, which closed today, is the latest in the series of investments by private equity in large accounting firms that began in 2021 — but with a key difference, Armanino CEO Matt Armanino told Accounting Today.

“What’s maybe the punchline here — what’s really unique, I think — is that we wanted to focus on a minority investment that allowed us to retain not just operational control of the business, but ownership control of the business,” he said. “Those are some of the guiding principles that we’ve been thinking about over the last number of years, and we felt like if we could accomplish those things strategically with the right partner, it would really be just a home run, and that’s where we think we’ve landed.”

As is common with CPA firms taking on private equity investment, Armanino LLP will restructure to an alternative practice structure, splitting into two independently owned and governed professional-services entities: Armanino LLP, a licensed CPA firm wholly owned by individual CPAs, will provide attest services to clients, and Armanino Advisory LLC, a consulting and advisory firm, will perform non-attest services.

Inside the deal

As have many large firms, Armanino LLP had been looking at private equity for some time.

“We’ve been analyzing the PE trend over the last few years and our discussions with Further Global actually began several years ago, and along the way we confirmed our initial inclination that Further Global would be a great partner for us,” CEO Armanino said.

“We had the opportunity to meet with dozens of leading private equity firms,” he explained. “Ultimately we concluded that Further Global would be the best partner for us based on their expertise in partnering with professional service businesses in particular, and our desire for a minority deal structure.”

Matt Armanino
Matt Armanino

Robert Mooring

While citing Further Global’s “deep domain expertise” in financial services and business services firms, Armanino noted that this would be the PE firm’s first foray into the accounting profession: “This is their first accounting firm deal, and I think they’re only focused on this one at this time.”

An employee-owned PE firm, Further Global invests in companies in the business services and financial services industries, and has raised over $2.2 billion of capital.

Guggenheim Securities LLC served as the financial advisor and sole private placement agent to Armanino LLP, while Hunton Andrews Kurth LLP acted as its legal counsel. Further Global was advised by Pointe Advisory, with Kirkland & Ellis as legal counsel.

“Armanino ranks as high as any CPA firm in the country with the private equity community,” commented Allan Koltin, CEO of Koltin Consulting Group, who has advised Armanino for over two decades. “Their deal with Further Global fit just like a glove. They will keep control and now have the capital structure to compete on the biggest of stages.”

Internally, the Armanino partner group was unanimous in its support for the deal — and in its insistence on only selling a minority stake.

“We’ve had transparent discussions at the leadership level around not only adding an outside investor, but we knew very early on that a minority investment was the best path forward for us, and we were very excited that there was unanimous support from the entire partnership group around that decision,” Armanino said. “This structure is also going to allow the long-term owners and partners of Armanino to maintain full control over our day-to-day operations, and the proud culture that we’ve built.”

“No other firm in the Top 25 has a structure like this, and I think that’s pretty significant,” he added.

Capital plans

The goal of the deal is to give Armanino the capital it needs to take itself to a new level of growth while also addressing some of the most pressing challenges in accounting: investing in technology, pursuing inorganic growth through M&A, and attracting and retaining talent.

The firm has always been tech-forward, and recently has been a major pioneer in artificial intelligence.

“The capital will enable us to fast-track our investments in advanced technology solutions, particularly AI,” said Matt Armanino. “We’ve seen growing desire from our clients to deploy real applications for AI solutions. And while we’ve been at the forefront of automation and AI since the early days, with the development of our AI Lab a few years ago, innovative AI-driven solutions that address our clients’ most urgent challenges remain a top priority for us.”

Beyond technology investments, the firm plans to continue its aggressive M&A strategy, which has brought on 19 acquisitions since 2019.

“Those transactions have allowed us to expand our capabilities and enter into new markets and drive greater value to our clients,” said Armanino. “And we think we can accelerate that now with this capital structure that we have.”

All that M&A has brought the firm a lot of fresh talent, but no firm these days has enough, and that’s a third purpose for the new capital.

“We think there remains a lot of ripe talent across the country out there,” he said. “I think the capital will support our efforts to attract, retain, develop and reward top talent by investing in people who drive our entrepreneurial spirit here at the firm.”

The deal will allow the firm to reward top talent, for instance through equity plans that allow them to extend the firm’s ownership culture beyond the partner group that it has traditionally been restricted to.

“In many cases, for our most senior employees today, there’s not a natural mechanism to align their effort to the success of the firm to the growth of our enterprise value and how that ultimately rewards them,” explained Armanino. “And we are very excited that we have new mechanisms, and plans in place, that are going to allow us to do that very well, and effectively push down the benefits of ownership and that ownership culture to our most senior employees.”

“Finally,” he added, “speaking to our innovative culture — and that’s a big part of our brand — the capital will empower us to say ‘Yes’ more frequently to great ideas, to entrepreneurial ideas and initiatives that truly make a difference for our clients and set us apart as a leader in this industry.”

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