Financing Via Off-Balance Sheet Options

Off-Balance Sheet Options, Off-Balance Sheet Financing (OBSF)When it comes to business needs, securing financing is a top priority, particularly when starting out or for ongoing needs such as making payroll or paying for inventory. This financing could include a loan or securing an ongoing credit line, and businesses can do that through Off-Balance Sheet Financing (OBSF).

Defining OBSF

Off-Balance Sheet Financing is an accounting practice whereby businesses document liabilities or assets on their books but do not reflect them on their balance sheet. It’s important to note that while they’re not reflected on the business’ balance sheet, if their disclosure meets generally accepted accounting principles (GAAP), it’s legal. If select transactions aren’t on the company’s balance sheet, these transactions are generally found in a company’s financial statements via notes. If, however, company employees conceal material information from investors, then it becomes illegal. As the Federal Deposit Insurance Corporation (FDIC) and the U.S. Securities and Exchange Commission (SEC) lay out, financial statements also may contain references to lease expenses, rentals, or partnerships.

Why Companies Use OBSF

Businesses use this type of accounting to manage their debt usage. Along with reducing interest rates for commercial loans, businesses can lower their leverage and debt-to-equity ratios, reducing the chances of default and encouraging outside investment. This is even more advantageous to help companies obtain financing if they have debt covenants.   

In reaction to the Financial Accounting Standards Board’s (FASB) discovery of operating leases regarding OBSF of more than $1.25 trillion for lease accounting, it changed the requirement for OBSF in February 2016 to mandate U.S. public companies to record “right-of-use assets and liabilities from leases on balance sheets” per 2016-02 ASC 842, coming into force in 2019. Based on the publication “Accounting Standards Update No 2016-02 Leases (Topic 842) p. 1,” footnotes were mandated for greater transparency.

How OBSF Works

OBSF moves select assets, liabilities, or transactions away from their balance sheets. It’s done to attract investors or when a company has a ton of debt yet needs to borrow additional capital to fund operations. This can provide companies with more favorable lending rates. Such transactions are either moved to subsidiaries or via special purpose vehicles. The questionable assets are still there but are simply listed on related monetary documentation.

Depending on how the company proceeds, it can include entities that the parent company has a minority ownership stake in. This may include special purpose vehicles (SPV) that take on assets and liabilities, along with other entities such as joint ventures and research and development (R&D) partnerships.

Conclusion

When it comes to R&D partnerships, since R&D is capital-intensive and requires a long time for completion, OBSF is financially advantageous. It permits a company to reduce its liability over the research time since there are no substantive assets to help even out the liability. Industries such as healthcare can see benefits.

Another advantage of OBSF is that when an operating lease is used, it can create liquidity since capital is not tied up in purchasing equipment, and rental expenses are the only financial outflows.

When done according to GAAP guidelines and state and federal laws, companies that use OBSF can maximize their financial landscape.

New Rules for Inherited Traditional IRA Distributions

Inherited Traditional IRA DistributionsThe rules for IRAs inherited after 2020 changed when Congress passed the Secure Act in 2019. The new rules eliminated the opportunity for non-spousal beneficiaries to “stretch” inherited IRA earnings over their own lifetime. Up until this year, required minimum distributions (RMDs) and associated penalties were waived while the IRS clarified the new rules; but in 2025, they are in full force for most inherited IRA beneficiaries.

For clarity: Non-spouses who inherited IRA assets after 2020 MUST take RMDs starting this year.

RMD Rules For Non-Spouses

For Traditional IRAs inherited after 2020, the first thing a non-spousal beneficiary must do is transfer the inherited assets into an inherited IRA under his own name. Note that RMDs are then required only if the original owner had reached their RMD age before dying. Under this scenario, the beneficiary must take required minimum distributions going forward, including any RMD not taken in the year the original IRA owner died. Over the next nine years, the new inherited IRA owner must take annual RMDs based on his own life expectancy and deplete the account within 10 years of the decedent’s death.

However, if the original account owner was NOT required to take minimum distributions as of the time he passed, the inherited IRA beneficiary is NOT required to take them – unless he reaches RMD age during the 10-year holding period(starting at age 73, or age 75 effective 2033). Either way, he still must empty the account and pay the requisite tax bill within 10 years of the original account owner’s death.

In addition to paying taxes owed on RMDs, inherited account owners are subject to a 25 percent penalty on any amount shy of that year’s required distribution. Should you miss an RMD, you may be able to reduce the penalty to 10 percent if the correct distribution is taken within two years.

RMD Rules For Spouse Beneficiaries

A spousal beneficiary of the original IRA owner has more options than a non-spouse. For starters, she can retain the original account under her own name. Similar to the non-spouse beneficiary, if the decedent spouse HAD reached his RMD age, the surviving spouse must take required minimum distributions as well, including any RMD not taken in the year the original owner died. However, RMDs thereafter will be calculated based on the surviving spouse’s life expectancy, and there is no requirement to deplete the account within 10 years.

If the original IRA owner had?NOT?started taking RMDs, then the spouse does not have to take RMDs until she reaches the age required to do so. At that point, the RMDs will be based on her own life expectancy.

A spousal beneficiary also has the option to transfer the inherited assets into her own IRA. Under this scenario, her RMD schedule is based on her own age. This option allows her to delay taking RMDs until she reaches RMD age, regardless of the RMD status of the deceased spouse. This strategy provides the opportunity for the inherited assets to grow longer, tax-deferred.

For clarity: the 10-year rule for full distribution does not apply to spouses.

Note that the rules discussed herein do not apply to Traditional IRAs inherited by Trusts or “Eligible Designated Beneficiaries” (EDBs), which refer to chronically ill or disabled beneficiaries, beneficiaries who are younger than the deceased account owner by 10 years or less, or minor children of the account owner.

It’s best to work with a financial advisor or IRA account custodian to choose the option best suited to your circumstances – and ensure you adhere to the appropriate rules.

Get a Jump on Holiday Shopping: Key November Dates

Holiday ShoppingFor some of us, last-minute holiday shopping is just what we do. That said, it’s probably never fun, and two things invariably seem to happen: The gifts you want aren’t available, and you end up paying too much. That’s why shopping in November to get the best savings on what you want just might be the right thing to do this year. Here are a few sales dates to put on your calendar.

Singles Day, November 11. Originally started in China as a humorous “anti-Valentine’s Day” event, it’s become one of the biggest shopping days of the year, surpassing Black Friday and Cyber Monday. To top it off, the date, 11/11, was chosen because it symbolizes, you guessed it, four ones – aka singles. On this day, you can find huge discounts at a lot of high-end clothing stores like Athleta, Nordstrom, Lululemon, Abercrombie & Fitch, Madewell, Neiman-Marcus, and J. Crew, to name a few.

Pre-Black Friday, November 20-27. Yes, there is such a thing, as if Black Friday isn’t enough in and of itself. Nevertheless, lots of retailers get in on this. This year, you’ll want to check out early access on holiday deals at Costco, Lowe’s, Best Buy, as well as Kohl’s, GameStop, and PetSmart. You can find other merchants who offer deep discounts here.

Black Friday, November 28. It’s probably the most famous shopping day of the year, where you’ll find huge price cuts across all categories. If you’re into tech stuff, head to Apple, AT&T Wireless, Dell, Google, HP, Lenovo, or Micro Center to start. The big box places to hit are Walmart, Target, and Sam’s Club. For home goods, you’ll find savings at Bed, Bath & Beyond, Ashley Furniture, and Crate & Barrel. If you want a comprehensive list, go to blackfriday.com. (See? There’s even a website dedicated to this day!) But get ready to scroll because there’s a lot there.

Small Business Saturday, November 29. Originally launched in 2010 by American Express, this day is all about shopping at your local stores. So hit your neighborhood shops, markets, coffee shops, and boutiques to support your friends and neighbors. If you don’t know where to start and don’t have a lot of time, just Google “small business Saturday sales near me” and you’ll be good to go.

Cyber Monday, December 1. To cap off all the November savings, you can’t forget this day. And yes, it’s not technically in November, but that’s OK. This date is great because you can let your fingers do the shopping. Online-only offers are king, so hunker down and start searching. Some places with the biggest deals are, again, (and not surprisingly) Amazon, Target, and Walmart – the big three. For more price-cutting goodness, go here.

Life gets busy around this time of year, but if you take a moment, get your list and hit a few of the aforementioned stores, you’ll be way ahead come the holidays. And that just might be the best gift of all.

 

Sources

Holiday Shopping Calendar: Key Discount Dates 2025 | GiftList Blog | GiftList

https://giftlist.com/blog/holiday-shopping-calendar-key-discount-dates-2025

A Look at the Nonaccrual Experience Method

Nonaccrual Experience MethodWhen it comes to running a business, having outstanding invoices that turn into uncollectible receivables or simply bad debt is a fact of life. The Internal Revenue Service (IRS) has a safe harbor that permits businesses to reduce consideration of such bad debt from taxation if it qualifies. However, understanding how to determine if a business is eligible is essential to making the most of it when a business files its taxes.

Defining the Nonaccrual Experience Method (NAE)

When businesses perform a service, they expect to be paid. However, they sometimes have unpaid invoices that are uncollectible. One provision within the IRS’s Internal Revenue Code (IRC) is that of the nonaccrual experience method (NAE) and how it intersects with bad debts.

How It Works      

Once a company sees bad debt in its system after customers fail to pay their invoices, it calculates the amounts it projects it won’t be able to collect. Projecting bad debt is accomplished by the company looking at previous experiences with its payees. It’s important to note that this accounting is used by businesses for only a portion of their projected uncollectable customer bad debt; businesses similarly project the remaining percentage they expect to collect from outstanding invoices in the future.   

One important step for businesses to determine their eligibility for relief from the accrual segment of uncollectible revenue, per the U.S. Securities & Exchange Commission (SEC), is by determining their industry classification. Sample industries include legal professionals, engineers, performance art professionals, architects, and actuaries.

It’s important to note that if businesses don’t use this method, they may charge off such debts. Charge-offs are when a company writes the debt off its balance sheet and expenses the uncollectible funds on the income statement. Companies must also adhere to the following criteria to take advantage of the safe harbor:

  • The company must currently use the accrual method of accounting when recording revenues, and not the cash method to account for revenue.
  • The company, in a single year, within the past 36 months, has earned up to, but no more than $5 million in gross receipts.

IRS Guidance

Beginning in September 2011, the Internal Revenue Service permitted taxpayers to use the NAE method to determine applicability by applying a factor of 95 percent to their allowance for bad debts via their past 60 months of financial documents. This permits businesses to exclude qualifying uncollectible revenues from their taxable income, which is beneficial for lowering the amount of taxes owed. It is often easier for NAE-specific designated industries to qualify; however, only companies with the appropriate amount of historical information to substantiate are eligible.

Further Considerations and Conclusion

One example of this safe harbor includes having financial information that’s expertly tracked for the past 60 months via financial statements. If the company can’t substantiate it, they won’t be able to qualify. Similarly, eligible services provided or the resulting receivables that have interest and/or financial penalties attached are ineligible.

When it comes to navigating the IRS code, the NAE can provide another way for eligible companies to maximize filings and tax obligations.

Enhancing Homebuyer Protections, Wildfire Risks, 911 Response and Domestic Manufacturing

HR 2808, HR 2483, HR 3400, S 306, S 725, S 433Homebuyers Privacy Protection Act (HR 2808) – Introduced by Rep. John Rose (R-TN) on April 10, the House passed this bill on June 23, and the Senate passed it on Aug. 2. Signed into law on Sept. 5, this bipartisan bill prohibits a consumer reporting agency from selling a mortgage applicant’s personal information to other lenders without their explicit consent. The legislation is designed to safeguard homebuyers’ personal financial information and eliminate the frequent bombardment of other lender marketing offers during the financing process underway with the applicant’s existing lender.

SUPPORT for Patients and Communities Reauthorization Act of 2025 (HR 2483) – This bill renews billions of dollars in federal funding for programs responsible for preventing overdoses and further strengthening treatment and recovery services. The renewal of funds to nationwide county programs is timely, given the current behavioral health and substance abuse disorder crises. The bill was introduced by Rep. Brett Guthrie (R-KY) on March 31, passed in the House on June 4 and in the Senate on Sept. 18; it currently awaits signature by the president.

TRAVEL Act of 2025 (HR 3400) – Also known as the Territorial Response and Access to Veterans’ Essential Lifecare Act, the purpose of this bill is to enable VA physicians and specialists to travel to hard-to-reach areas in U.S. territories for up to one year. The Act is designed to help fill critical gaps in VA medical services across the Pacific territories by compensating providers with travel bonuses. The legislation was introduced by Representative Kimberlyn King-Hinds (R-Northern Mariana Islands) on May 14. It passed in the House on Sept. 15 and currently lies with the Senate.

Fire Ready Nation Act of 2025 (S 306) – Introduced by Sen. Maria Cantwell (D-WA) on Jan. 29, this legislation would establish a fire weather program at the National Oceanic and Atmospheric Administration (NOAA). The new program would enable scientists to better predict wildfires, fire weather, and fire risk via forecasting, detection, and modeling, as well as respond quickly to prevent devastation to families, homes, and businesses due to wildfires. The legislation was passed in the Senate on Sept. 10 and is now under review in the House.

Enhancing First Response Act (S 725) – This bill was introduced on Feb. 25 by Sen. Amy Klobuchar (D-MN) and passed in the Senate on Sept. 10. The law would reclassify 911 dispatchers as public safety workers from their current role as office and administrative support in the federal Standard Occupational Classification system. In addition, the bill contains provisions to improve access to the 911 call system during major disasters and make the system more resilient against outages and disruptions. The fate of this bipartisan bill now rests in the House.

National Manufacturing Advisory Council Act (S 433) – This Act was introduced by Sen. Gary Peters (D-MI) on Feb. 5. It seeks to establish a working group of representatives from industry, labor, and academia to advise Congress on policies and programs to enhance domestic manufacturing despite the challenges of global competition, U.S. supply chain issues, and the current tariff solution. The bipartisan legislationwas  passed unanimously in the Senate on July 14 and is currently under review in the House.