Tax advisory

Tax Advisory

Effective management of your organization’s compensation and benefits programs is a major challenge. Failure to keep on top of the latest IRS and Department of Labor regulations can result in fines and penalties that go directly to your bottom line.Whether you’re public, private or nonprofit, the battle for talent is real. And when a valued employee walks out the door for the last time, it can be a body blow.In today’s competitive marketplace, your strategies for compensating and rewarding employees in multiple ways should align closely with your business goals and objectives.

Time for a more strategic value-based approach.

Francis’s Compensation & Benefits Consulting professionals help you design a more strategic approach to your compensation and benefits plans and can assist you with the following:

Health and employee benefit plan analysis.
Tax-qualified retirement program design and administration.
Short- and long-term incentive program design, including nonqualified deferred compensation programs.
Employee stock ownership plan design.
Board of directors assistance.
Broad-based compensation programs.
Change of control programs and golden parachute excise tax (280G).
Equity program design and implementation.
Executive compensation program design and analysis.
IRS, DOL and PBGC examination assistance.
Compensation market pricing analysis.
Merger and acquisition assistance.
Publicly traded company proxy statement disclosure.
Board ofSales compensation programs. directors assistance.
ERISA compliance services (including audits and discrimination testing).

Corporations of all sizes in most every industry regularly turn to Francis’s Corporate Tax Group for help in managing and minimizing federal and state tax risk and liabilities. Tax laws are complex, and complying with all the rules and regulations can be exacting. You need experienced, perceptive professionals to arrive at the desired outcomes.

Scope of services

Choice of entity and entity conversions.
Structuring of operations.
Capitalization planning – debt versus equity analysis.
Review of tax accounting methods.
Compensation solutions and Section 280G (parachute payment) analysis..
Financial reporting of income taxes—tax provision review and assistance.
E&P analysis.
Tax-sharing agreements.
NOL and other attribute determinations and optimization.
Corporate distributions and redemptions.
Mergers, acquisitions and structuring.
Transaction cost analysis.
State & Local Tax.
Tax Credits & Incentives.
Cost Recovery & Accounting.
Debt restructurings.
Buy-sell agreements.
Outsourced tax department services.
Loaning tax staff to accounting or tax departments.
International Tax Consulting.

The fact is, a strategic approach to federal and State tax regulations may enable you to defer paying tax and enjoy the time value of money when acquiring, repairing or improving a commercial or residential rental property. As your advisors Francis tax professionals take a holistic approach to the transaction, improvement or repair of tangible property and how you account for it on your balance sheet.

Cost segregation studies

A high percentage of clients aren’t aware that it’s possible to accelerate depreciation and defer tax liability until a later date by dissecting your residential or commercial real estate into its taxable components. Instead of depreciating an entire residential property over 27.5 years or a commercial property over 39 years, it might be possible to depreciate some portions of the property over 5, 7, 10 or 15 years. A cost segregation report can be a highly effective strategy for people or entities who are holders, not flippers, of real estate, allowing them to defer portions of their tax liability early on when cash flow can be more challenging. A cost segregation report also allows for correct reporting of partial dispositions of property.

Tangible property reviews and reports

The opposite of real property, tangible property like equipment or office fixtures may not have to be capitalized and amortized over 39 years. Depending on your specific situation, the tax regulations may assist you in taking necessary changes for tenants as repairs instead of improvements, allowing building owners and landlords to recover their costs in as little as one.

Preparation of form 3115- accounting method change

We help you file Form 3115 to gain IRS approval when switching from a cash basis accounting method to an accrual basis method or vice versa. Changes in your depreciation or amortization methods generally do not require approval. If required as a result of a cost segregation study, we will help you file Form 3115 to ensure the resulting changes are properly reflected.

We help you file Form 3115 to gain IRS approval when switching from a cash basis accounting method to an accrual basis method or vice versa. Changes in your depreciation or amortization methods generally do not require approval. If required as a result of a cost segregation study, we will help you file Form 3115 to ensure the resulting changes are properly reflected.

Prepare customized financial statements including cash flow analysis, income statements, balance sheets, and budgets.
Bill paying.
Specializing in the management of multiple personal properties.
Facilitate luxury lifestyle financing.
Household payroll services, including benefit administration.
Assist with related entity administration: partnerships, trusts, corporations, and charitable foundations.
Reconcile investment portfolios.
Assist with bank, brokerage and third-party cash and securities transfers.
Insurance reviews.
Prepare a customized “Life Book” cataloging advisors, bank accounts, investments, current balance sheet and income statements, insurance and benefits, analysis of charitable donations, and personal legal documents.
Prepare quarterly estimates, extensions, and tax returns.
Recommend structures for business liability and tax planning purposes (i.e., limited partnerships, limited liability companies, and S and C corporations).
File federal, state, and local income tax returns for individuals and entities.
Prepare required U.S. reporting information for foreign transactions.
Federal and state tax audit representation.
Estate and lifetime gift plans for high net worth individuals, including resident aliens.
Estate and lifeLiquidity analysis for estates with illiquid assets.time gift plans for high net worth individuals, including resident aliens.
Valuation of family partnerships and other entities for transfer tax purposes.
Prepare estate and gift, and fiduciary income tax returns.
Prepare trust and estate judicial and non-judicial accountings.
Assist executors in navigating the estate administration process.
Mediate family disputes over inherited or inheritable assets.
Ensure third-party trust and estate administration and legal services are high-quality and cost-effective.
Advise trustees of U.S. and foreign trusts regarding tax compliance issues for U.S. and foreign beneficiaries.
Prepare estatCharitable strategies using private foundations, donor advised funds, charitable remainder and charitable lead trustse and gift, and fiduciary income tax returns.
Sophisticated gifting and estate planning strategies.
Structured gifts such as university chairs, fellowships, trusts, and annuities.
Engaging heirs in philanthropic endeavors.
Prepare and file application for recognition of exemption.
Prepare foundation tax returns, including unrelated business income tax returns, if applicable.
Prepare and file quarterly excise taxes.
Perform full charge bookkeeping, financial statement preparation and accounting services.
Manage charitable activities including grant making, compliance of 5% distribution requirement, and expenditure responsibility.
Oversee public disclosure compliance and governance.
Oversee compliance regarding prohibited transactions—self dealing, jeopardizing transactions or excess business holdings.

Francis’s International Tax Services Group assists businesses and global families with tax planning strategies to minimize their worldwide tax obligations and meet business and financial objectives. With Francis, you have access to a wide array of planning, consulting and compliance services.

Key international tax services

Creation, implementation, management of organizational structures.
Mergers and acquisitions (Outbound, Inbound).
Transfer pricing structured finance.
Income tax planning and compliance for foreign investment in U.S. real property (FIRPTA) in U.S. real properties.
Ownership structuring.
Consulting services for organic overseas expansion.
FIN 48 implementation and review.
Transactional analysis.
PFIC reporting.
Certifying Acceptance Agent services.
Expatriate global services.
Planning and tax compliance related to the Tax Cut and Jobs Act of 2017.

International tax planning for corporations

Experienced Francis international tax professionals provide you with advice and guidance on aligning your company’s operations to maximize direct and indirect tax efficiencies. This can include realigning functions, risks, responsibilities and assets to allocate global profits in a manner that’s tax efficient, risk averse and compatible with your company’s operations. We also provide planning specific to foreign-owned businesses, and U.S. companies with foreign subsidiaries, with particular emphasis on the provisions of the Tax Cut and Jobs Act of 2017.

International tax planning for corporations

With increasing frequency, U.S. companies deploy technical talent, sales managers and executives overseas to conduct business, and foreign companies bring their employees to the U.S. for short- and long-term assignments. Francis provides a variety of income tax compliance and consulting services for these clients. In addition, Francis assists companies in navigating the complexities of Social Security and employment-related taxes for employees assigned to foreign jurisdictions. Services are customized based on your needs, facts and circumstances.

The Research and Development Tax Credit is often overlooked, but it can provide enormous benefits to companies that recognize its potential. Typically, organizations claim less tax benefit than they’re entitled to or, even worse, believe they don’t qualify because research and development isn’t their main business. In addition to the federal tax credits, many states have enacted generous credit programs, and some are refundable even if you haven’t paid taxes. Francis has helped our clients save more than $200 million using the Research & Development Tax Credit.

How can credits benefit your company

Provide cash refunds of previously paid federal and state taxes.
Reduce your current federal and applicable state tax expense.
Free up capital for investment in business, product development, and debt reduction.
Increase the value of your business to potential buyers or investors.
Provide Alternative Minimum Tax (AMT) relief.
Deliver a payroll tax expense refund/reduction.

Industries where we’ve helped clients claim the credit

Business and Professional Services
Construction
Consumer Products (Food & Beverage, Cannabis, Retail & Apparel, Arts & Entertainment)
Financial Services (Fintech, Alternative Investments, Broker/Dealer, Financial Institutions, Insurance)
Healthcare
Manufacturing & Distribution (Energy & Utilities, Manufacturing/Wholesale/Distribution, Transportation)
Private Equity
Technology & Life Sciences (Data & Analytics, Software Development)

What types of activities qualify

Investing in resources for new or improved products.
Investing to develop new or improved manufacturing or service processes.
Investing in software and software-related technology – i.e., Artificial Intelligence, financial modeling, fin-tech applications, security protocols, and more.
Efforts to improve manufacturing efficiency, reduce scrap, and implement techniques like “lean,” “green,” “Kaizen,” and “Kanban.”
Owning existing patents or patents pending.

What’s needed is a strategic approach that revolutionizes how you think about risk. The new paradigm transforms the technology risk function from its traditional focus on periodic audits and controls reviews to a more strategic view of your goals and objectives and how to turn technology into a true strategic advantage. The results are stronger internal controls; smarter business practices; and increased efficiencies, productivity and revenues.

Have state & local tax questions?

Provide cash refunds of previously paid federal and state taxes.
Am I filing taxes in all of the states I am required to? What’s the risk of not filing those returns, and how can I address past exposure?
How do I address filing sales tax in new states? Which of my services or products are subject to sales tax? What are the tax rates?
Do I need professional assistance with an audit notice, or can I do it myself?
We’re thinking about an acquisition. Is there tax due diligence we should consider?

Snapshot of key state & local tax services

Nexus reviews.
Review of apportionment methodology.
Audit defense.
Voluntary disclosure.
SALT due diligence reviews in purchase or sales of businesses.
Tax provisions and ASC 740 financial statement disclosure.
E-commerce and internet sales SALT issues.
Combined/
consolidated income tax reporting analysis.
SALT incentives and exemptions.
Sales tax compliance review.
Financial statement disclosure under FAS 5 (Accounting for Contingencies).
Use tax.
E-commerce sales.
Exemption certificates.
Reverse audits.
Due diligence in business acquisition or sale.
UseProperty tax review. tax.
Escheat tax.
Taxability studies.

State tax controversy service

Services we provide:

Audit Defense (Desk Audits and Field Audits for Income Tax, Sales Tax, Gross Receipts Tax etc.)
Negotiate Settlements
Penalty Abatements
Installment Agreements
Voluntary Disclosure Agreements
Refund Requests
Letter Rulings
Advisory Opinions

Benedits of engaging

Our team understands the auditor’s preconceptions. We can help clients address a state tax auditor’s presumptions, mitigate exposure, and negotiate resolutions.

Thorough understanding of the audit process and procedures, from initial contact to resolution (soup to nuts).
Understanding of what the auditor knows about the company and common audit practices for each industry (the “question behind the question”).
Complete familiarity with what documentation is important to the auditor and what irrelevant information to avoid.
Ability to purse alternative procedures such as advance letter rulings or administrative appeals to help close out

Additionally, this type of CFO isn’t always as hands-on as the organization would like  or need. Our team is equipped to fill all financial roles at the appropriate skill level. We are also well versed in restricted funds tracking and reporting, federal grant tracking, compliance with OMB circulars, and selecting and optimizing the most cost-effective software.

Busy companies often overlook tax credits and incentives as ways to lower costs. Especially when there’s a general business or economic slowdown, opportunities arise to take advantage of tax incentives that can positively impact the bottom line, including ways to:

Avoid paying unnecessary taxes.
Obtain immediate tax refunds.
Reduce operational costs.
Improve earnings before interest and tax, net income and shareholder value.
Enhance the economic value of company initiatives.

The Work Opportunity Tax Credit (WOTC) is an often-overlooked payroll-based tax credit. Claiming the tax credit, however, isn’t easy. To claim the credit, the taxpayer has to have hired a qualified employee from one of 10 target groups, and specific forms must be filed with the state’s WOTC coordinator within 28 days of the hire date. The credit can range from $2,400 to $9,600 per employee, depending on which target group the qualified employee belongs to.

Individual states offer tax credits and incentives (deductions, credits and exemptions) to companies in numerous industries. States use them to attract new businesses and add jobs that bolster their economies.

Popular industries for state TC&I include:

Food & Beverage
Hospitality
Construction
Manufacturing/Distribution
Retail
Medical
Security
Transportation

Taking advantage of these opportunities can be challenging, however, because the types of credits and incentives in each state and rules for qualifying vary greatly. It’s also tough to keep on top of them because they’re constantly changing.Tax credits and incentives can definitely be worth pursuing. Francis tax professionals can recommend options for your industry and business, and assist you in taking advantage of those that deliver real benefits.

The Consolidated Appropriations Act of 2021 passed December 27, 2020, allows employers that received PPP1/PPP2 loans through the SBA to also claim the ERTC. These were previously mutually exclusive relief options. The credit is a refundable payroll tax credit, meaning you don’t need to have a tax liability to claim a refund. Your payroll processor may not have told you about this credit, because payroll companies do not have access to information they would need to prepare the calculations.

1.There has been a full or partial business closure closure

2.If there has been a significant reduction in gross receipts

3.“Large employer” status based on number of employees.

How Francis Tax can help.

Work with you to determine and document eligibility to claim the credit.
Analyze your situation to maximize benefit of PPP1/PPP2 loan forgiveness and the ERTC.
Assist you to retroactively claim the credit.
Assist you in evaluating “large employer” status. If your business is considered a large employer, work with you to utilize the credit within the guidelines.
Advise you in connection with the Employee Retention Tax Credit process.

Others

Valuation & litigation support

Litigation and dispute consulting.
Marital dissolution.
Valuation.

Financial accounting

CFO-LED Services.
Technical Accounting.
IPO Readiness.
Restructuring Services.

Managed services

Managed Accounting.
Managed huma.
Resouces.
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Need help?

No problem. Chat with our sales experts or call us at
(612) 722-1129