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PUBLIC TRUST / GOVERNMENT & NON-PROFIT


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Onerous New 1099 Reporting Rules

By Shirlee Walker

Businesses and nonprofits are already familiar with the current requirement to use Form 1099-MISC to report payments to independent contractors for services, commissions, and fees of $600 or more during the calendar year.  With few exceptions, the reporting rules do not apply if the recipient is a corporation.  The total amount paid during the calendar year, plus the name, address and taxpayer ID number of the payee must all be reported on the 1099 form.  Often, the payer does not obtain the required information at the time payment is made, and contacting the payee for this information after the end of the year is frequently difficult, if not impossible.  If the payer fails to issue a proper Form 1099, the IRS can assess a $50 penalty for each failure.

Beginning in 2012, the recently enacted 2010 Patient Protection and Affordable Care Act will require businesses and nonprofits to add corporations to the list of those who must receive 1099s for providing property and services.  The $600 calendar year threshold still applies.  For example, an organization that purchased $2,506 in office supplies from Office Max during the year would be required to issue a Form 1099-MISC.  For many businesses and organizations, issuing the required number of 1099s may well feel overwhelming.  To ease the end of year burden, information gathering should be performed at the time of the first purchase.  Current accounting systems may not be set up to collect this data or facilitate retrieval of the data in an efficient manner.

Generally, an organization filing more than 250 information, tax return, or other reports to the IRS is required to transmit these electronically.  The increased number of 1099s required by the new law could trigger an electronic filing requirement for all documents sent to the IRS.

Many organizations have voiced stiff opposition to the new law and are working toward its repeal before it becomes effective in 2012.  At the time of this article, legislation has been introduced in both houses to either repeal or modify the new reporting requirements.


Are You Ready for GASB Statement No. 54?

By Jessica Van Voast

Thinking about next year may be difficult when you’re still trying to close out your books for this year.  However, you may want to start thinking about a new standard issued by the Governmental Accounting Standards Board (GASB).  GASB Statement No. 54, entitled “Fund Balance Reporting and Governmental Fund Type Definitions,” is effective for financial statements for periods beginning after June 15, 2010.  The purpose of GASB No. 54 is to clarify the existing governmental fund type definitions and enhance the usefulness of fund balance information by providing clearer and more consistently applied fund balance classifications.  Under this new standard, fund balances will be displayed using the following classifications:

  • Nonspendable Fund Balance - includes amounts that are (a) not in a spendable form, such as inventories or prepaids, or are (b) legally or contractually required to be maintained intact, such as the corpus of an endowment
  • Restricted Fund Balance - includes amounts that carry restrictions either
    • externally imposed by creditors (such as through debt covenants), grantors, contributors, or laws or regulations of other governments, or
    • imposed by law through constitutional provisions or enabling legislation
  • Committed Fund Balance - includes amounts that can only be used for specific purposes as a result of constraints imposed by formal action of the government’s highest level of decision-making authority
  • Assigned Fund Balance - includes amounts that are constrained by the government’s intent that they be used for a specific purpose. The intent can be expressed by the governing body, an official, or someone who has been delegated authority.
  • Unassigned Fund Balance - includes amounts that are available for any purpose. The general fund should be the only fund that reports a positive unassigned fund balance amount.

Additional disclosures about the purposes of restrictions, commitments, and assignments are required for financial reporting if this detail is not met through display on the face of the balance sheet. The following disclosures regarding fund balance classification policies should be included in the notes to the financial statements:

  • Committed fund balance - (1) the government’s highest level of decision-making authority, and (2) the formal action required to establish a fund balance commitment
  • Assigned fund balance - (1) the body or official authorized to assign amounts to a specific purpose, and (2) the policy established by the governing body pursuant to which that authorization is given
  • Additional disclosure - the order in which a government assumes restricted, committed, assigned, and unassigned amounts are spent when amounts in more than one classification are available

GASB No. 54 also provides guidance on classifying stabilization amounts and clarifies the definitions of governmental fund types. Interpretations of certain terms within the definition of the special revenue fund type have been provided and those interpretations may affect the activities you choose to report in those funds.

Statement No. 54 is effective for financial statements for periods beginning after June 15, 2010, so it’s important to start thinking about each of your revenue sources and spending policies for fiscal year 2011. Fund balance reclassifications made to conform to provisions of this statement should be applied retroactively by restating the fund balance for all prior periods presented.


To access previously published articles, please make a selection from the following dates:

July 2010:

  • More Changes Ahead: The 2009 Form 990
  • State and Local Government Entities and "Going Concern"

June 2010:

  • It Could Happen to You
  • Welcome to the Board! What You Need to Know As a New Non-Profit Organization Board Member

May 2010:

  • Fiscal Sponsorship
  • HIRE Act Continued: Municipal Government Bonds

April 2010:

  • Internal Controls in a Small Office
  • Volunteer Management
  • Can Non-Profit Organizations Take Advantage of Tax Incentives in the HIRE Act?

March 2010:

  • Is Your Organization Generating Unrelated Business Income?
  • Mileage Reimbursement for Board Members

February 2010:

  • Helpful IRS Website for Government Entities
  • Ten Steps to a More Effective and Less Stressful Audit
  • 2010 Employee Benefit Plan Limits

January 2010:

  • New IRS Check Sheet for Not-for-Profit Exams
  • Implementing Internal Controls in a Changing Economy
  • Insider Theft Is on the Rise

December 2009:

  • Contributions or Grants?
  • Attachments to 990 Returns
  • Holiday Greetings

November 2009:

  • Gearing Up for Year-End Compensation Reporting
  • To Balance or Not to Balance . . .
  • Why Your Board Members Should Be Receiving This E-Newsletter

October 2009:

  • FASB Statement 164 and the Merger or Acquisition of Not-for-Profit Entities
  • IRS Sends Erroneous Request for Form 990
  • Unemployed Professionals Volunteering to Keep Skills Sharp

September 2009:

  • The FASB Codification Project
  • Uncertainty in Income Taxes: FASB Issues Final Rules for Non-Public Companies
  • Are you Using Social Networking Websites to Promote Your Organization?

August 2009:

  • Talking About Fraud
  • Proposed New Standards for Compliance Audits
  • Simple IT Controls to Reduce Your Risk of Fraud

July 2009:

  • Before You Accept: Reporting and Auditing Standards for American Recovery and Reinvestment Act Dollars
  • Planning for a Single Audit
  • Changes Ahead: SAS No. 115 vs. No. 112

June 2009:

  • Defining Board Members' Responsibilities
  • Lobbying Expenditure Limits for Public Charities
  • CornerStones Conference 2009

May 2009:

  • Feeling the Squeeze: Local Government in a Poor Economy
  • Interpreting Form 990 Governance Disclosure Requirements
  • Fraud Beat

April 2009:

  • Ten Tips for Effectively Reviewing Bank Statements
  • Providing Key Financial Data to Not-for-Profit Organization Board Members
  • UPMIFA: How It Impacts Your Organization

March 2009:

  • Penalties for Failing to File Form 990
  • IRS Provides Extension to Complete Written 403(b) Plans

 

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