Averting a Government Shutdown, and Reinforcing Air Travel Infrastructure, Weather Alert Systems and National Defense Initiatives

Averting a Government Shutdown, and Reinforcing Air Travel Infrastructure, Weather Alert Systems and National Defense InitiativesMaking further continuing appropriations for the fiscal year ending Sept. 30, 2024, and for other purposes (HR 2872) – Passed by both branches and signed by the president on Jan. 18, this is the third temporary resolution designed to avert a government shutdown until Congress can agree on appropriations for fiscal year 2024. The bill extends the government funding deadline to March 1 for four appropriations bills and another eight until March 8.

Airport and Airway Extension Act of 2023, Part II (HR 6503) – This bipartisan bill was introduced on Nov. 29, 2023, by Rep. Sam Graves (R-MO). It extends certain Federal Aviation and Administration (FAA) programs and activities through March 8, namely the Unmanned Aircraft Systems (UAS) test site program and the remote detection and identification pilot program, weather reporting programs, the Remote Tower Pilot Program, and the Essential Air Service Program. The bill also extends authorization for the Airport Improvement Program (AIP) that provides grants for planning, development, and noise compatibility projects at certain public-use airports and extends the FAA’s authority to collect taxes on aviation fuel and airline tickets to support the Airport and Airway Trust Fund (AATF). The bill passed in the House on Dec. 11, in the Senate on Dec. 19, and was signed into law by President Biden on Dec. 26.

National Defense Authorization Act for Fiscal Year 2024 (HR 2670) – This bill incorporates provisions from a wide range of legislation introduced throughout 2023. It authorizes fiscal year 2024 appropriations and policies for: the Department of Defense (DOD); military construction; national security programs for the Department of Energy (DOE) and the Maritime Administration; the Defense Nuclear Safety Board; and the Naval Petroleum Reserves. Note that this bill does not provide appropriations but merely authorizes funding from an approved budget. The Act was introduced by Rep. Mike Rogers (R-AL) on April 18, 2023. It passed in the House on July 14 and the Senate on July 27. A conference report of the final text was produced and approved by both houses in December, and the Act was signed into law on Dec. 22, 2023.

Testing, Rapid Analysis and Narcotic Quality (TRANQ) Research Act of 2023 (HR 1734) – This bipartisan act was introduced on March 23, 2023, by Rep. Mike Collins (R-GA). It initially passed in the House on May 11, passed in the Senate with changes on June 22, was finalized in the House on Dec. 4, and enacted on Dec. 11. The bill directs the National Institute of Standards and Technology (NIST) to support research and other activities related to psychoactive substances such as fentanyl and a veterinary tranquilizer called Xylazine. Colloquially referred to as the zombie drug, this substance has proliferated in communities throughout the country and places law enforcement officers at great personal risk during confiscation.

A bill to amend the Federal Election Campaign Act of 1971 to extend the Administrative Fine Program for certain reporting violations (S 2747) – This bill extends authorization to the Federal Election Commission Administration Fine Program to enforce penalties for late and/or non-filed campaign finance disclosure reports. The legislation was introduced by Sen. Amy Klobuchar (D-MN) on Sept. 7, 2023, and passed in the Senate on the same day. It passed in the House on Dec. 11 and was signed into law on Dec. 19, 2023.

NWR Modernization Act of 2023 (S 1416) – This bipartisan bill instructs the National Oceanic and Atmospheric Administration (NOAA) to update the NOAA Weather Radio All Hazards (NWR) network of radio stations that broadcast 24-7 weather information, including weather warnings, watches, and forecasts. It has become imperative to beef up the coverage and reliability of radio stations – particularly in rural and underserved communities – via repairs, software upgrades, additional equipment, and alternative means of transmissions, as well as other potential improvements. The Act was introduced on May 23, 2023, by Sen. Maria Cantwell (D- WA). It passed in the Senate on Dec.18 and currently lies in the House.

National Weather Service Communications Improvement Act (S 1414) – This bill is designed to update the current in-house instant messaging service (NWSChat) that has been in use since 2008 by NWS forecasters. In the wake of increased severe weather events, wildfires, and climate-related emergencies across the country, it is necessary to use more reliable, updated state-of-the-art communications and real-time alerts in order for local communities to keep families, homes, and businesses safe and secure. This Act would require the NWS to adopt a new instant messaging service by October 2027. The bill, also introduced by Sen. Maria Cantwell (D-WA) on May 3, 2023, passed in the Senate on Dec. 18, 2023. Note that there is a similar bill in the Senate sponsored by Sen. Ted Cruz (R-TX) as well as a bipartisan version in the House.

Municipal Bond Outlook for 2024

Municipal Bond 2024One of the positive aspects of sustained high-interest rates is higher yields on bonds, particularly high-quality municipal bonds. It is possible that 2024 will present a different scenario as the Federal Reserve begins a schedule of monetary easing by reducing interest rates over time. The potential for this strategy, combined with a slowdown in inflation and economic growth – and exacerbated by the potential volatility of a U.S. presidential election – offers a hazy but ultimately positive outlook for municipal bonds.

For now, investors with a long-term outlook (up to 10 years) can take advantage of current high-interest rates before they begin declining. A key recommendation is to focus on the credit quality of muni bond issuers, which is more likely to face adjustments due to lower reserves and unreliable revenue streams during an economic slowdown.

The following are some municipal bond market considerations for long-term investors.

  • While absolute rates are expected to decrease in 2024, muni bonds should continue to offer high yields and strong credit quality.
  • Speaking of credit quality, despite the larger universe of corporate bonds, there are more AAA- and AA-rated munis than corporate bonds. For example, there are only 13 unique issuers of AAA-rated bonds within the Bloomberg U.S. Corporate Bond Index. Of these 13, two comprise the majority of outstanding AAA corporate bonds. This means an investor is better able to diversify assets across a mix of high-quality muni bonds or a municipal bond fund.
  • Remember that munis are generally exempt from federal and state income taxes (when the investor lives in the issuing state) and might therefore provide a higher tax-equivalent yield when compared to yields of other long-term bonds.
  • In order for municipal bond income to be comparable to the after-tax yield of corporate bonds, the investor should be subject to a 45 percent or higher total cumulative tax rate. This is referred to as the “break-even” rate wherein municipal bonds will likely yield more after-tax income.
  • Longer-term, AAA-rated municipal bonds (up to 10 years) are expected to offer greater value compared to shorter-term munis.
  • Credit conditions are expected to continue their upward trend in 2024. As a general rule, municipal bonds are highly rated, but the average credit rating has increased even more since the pandemic. For example, the percentage of AAA- or AA-rated bonds in the Bloomberg U.S. Municipal Bond Index increased from 67 percent (pre-pandemic) to 71.4 percent as of November 2023.
  • Some of the most popular provisions of the 2017 Tax Cuts and Jobs Act are scheduled to expire in 2025. Demand for muni bonds might soar this year as taxpayers seek more tax-advantaged benefits given the potential loss of itemized deductions and a reduced standard deduction. Look for this sunsetting tax legislation to be a hot issue as this year’s election season gets up and running.

Given the higher yields available for the past 15 years, municipal bond returns are projected to be favorable in the near term. However, be wary of issuers that lack strong reserves and whose revenue streams are linked to economic activity.

Perhaps most importantly, investors should consider their objectives when investing in municipal bonds. If you are already in or nearing retirement, take into account your current tax bracket, the type of account you plan to invest in (taxable or tax-advantaged), credit quality, and time to maturity to effectively assess the value of municipal bond income in your portfolio.

Understanding How Variances Vary

how to calculate VariancesVariance analysis is found by determining the difference between what was budgeted and what actually occurred. Additionally, when variances are added together, we get a better picture of how well a company is measuring its performance against expected metrics. It’s also important to be mindful that each metric is measured to determine what the actual cost is versus the industry’s standard cost.

Whether it’s materials, labor, electricity, or another metric, if the actual cost is lower than the standard cost for the same quantity of materials, it would be a favorable price variance. However, if the number of materials was more than the standard quantity, it would be considered an unfavorable variance. Examining variance allows us to analyze the price and quantity of the variable being analyzed. Always keep in mind that unusual or significant variances should be investigated to see why such anomalies exist.

It’s important to distinguish between variances and the types of inputs. When it comes to materials, labor, and similar variable overhead, variances to be analyzed are for price and quantity/efficiency. When it comes to fixed overhead, analysis looks at variances in budget and volume.

One way to conduct variance analysis is through the Column Method. The following example illustrates this:

A business produces widgets. The following assumptions are made:

  • 6,000 widgets are produced in a month
  • Direct labor hours are used as the basis to allocate overhead costs to products
  • Denominator level of activity is 8,060 hours, resulting in $48,360 in fixed overhead expenses budgeted.

Other cost assumptions include:

Direct Costs

Labor: 2.6 hours/widget @ $14 per hour

Materials: 10 pieces/widget @ $1/widget

Overhead

Variable: 2.6 hours/widget @ $8/hour

Fixed: 1.3 hours /widget @ $12/hour

However, the business saw the following costs for the month’s production:

Variable overhead manufacturing costs: $34,000

Fixed overhead manufacturing costs: $50,000

Both of the following are Direct Costs:

Material: 50,000 items bought @ $0.96/widget

Labor: 8,000 hours totaling $128,000

Materials Variance

Real Quantity x Real Price = 50,000 pieces x $0.96 per widget = $48,000

Real Quantity x Industry Price = 50,000 pieces x $1 per widget = $50,000

Standard Quantity x Industry Price = 36,000 pieces x $1 per widget = $36,000

Price Variance = $50,000 – $48,000 = $2,000

Quantity Variance = $50,000 – $36,000 = $14,000

When we find the difference between these two amounts, there’s an unfavorable variance of $12,000. Additionally, it’s worth looking at why there were 50,000 pieces used versus the standardized 36,000 pieces. It could be due to defective materials, problematic machinery, etc.

Labor Variance

Real Hours x Real Rate = 8,000 hours x $16 per hour = $128,000

Real Hours x Industry Rate = 8,000 x $14 per hour = $112,000

Standard Hours x Industry Rate = 7,800 x $14 hour = $109,200

Rate Variance = $112,000 – $128,000 = -$16,000

Efficiency Variance = $109,200 – $112,000 = -$2,800

Based on this calculation, there’s a total unfavorable variance of -$18,800. Management should look at why labor costs are higher than the standard and why production took more supplies than the industry standard.

While this is not all-encompassing, it does show the importance of understanding the nuances of calculating variances and how it’s essential to understanding a business’ (in)efficiency.

How to be Your Tax Pro’s Favorite Client this Tax Season

How to be a good clientWhy on earth, you may ask yourself, would I care about being a good client to my tax prep professional? I mean, you are a paying client, and aside from treating them with the same decency and respect that you would show any other random person, who cares – right? Wrong!

What’s in it for me?

Honestly, it’s simply in your own best interest to be a good client. Maintaining a positive relationship with your tax professional can benefit you in numerous ways. Your tax preparer bills you in one of three ways: a flat fee (guaranteed); hourly; or a hybrid with a basic flat fee that they’ll only add to if out-of-scope issues/problems come up. Let’s look at each approach in more detail.

First, a scenario where you have a guaranteed flat fee no matter what. In this case, it’s pretty obvious to see that one of a tax preparer’s main incentives is to perform the work correctly and up to professional standards, but as fast as possible; less time equals more money. Here, being a good client means that you give your tax professional more room to be thoughtful about your tax return and even perform some planning/optimizing for the current year or next year. If you can help them prepare your return efficiently, there’s room to spare in providing you with value-added advice.

Second, when you engage a tax pro on a strictly hourly basis, saving them time on the administrative side of the return prep will equate to direct savings in your pocket. When you pay by the hour, you are paying regardless of whether they are calculating or reviewing your return, providing advice, planning, or chasing you down for missing info, open items, questions, etc.

Third, we have the scenario where you have a flat fixed fee unless you add services out of scope or things really go sideways. Here, while most tax preparers will eat a little bit of time, if you cause delays in the preparation process due to incomplete or unorganized information or you are late to respond to questions, there is a good chance you’ll get billed for that time as it wasn’t planned for and was unnecessary.

Finally, making your tax professional’s life easy will simply make you more likable as a client. And we all know that we treat people we like better.

How do I become a great client?

So, at this point, you are asking, how do I become my tax professional’s favorite client? There are a few main areas to consider if you want to establish a good working relationship and make life easier for everyone.

  • Be Organized – The more organized you can be in gathering and submitting your underlying tax documents (W-2, 1099s, etc.) and other necessary information, the better. Many tax preparers will send a tax organizer to help you fill out and organize what you send over. Following this is the best way, but any method that is clear, logical, and complete is best.
  • Submit All Your Information at Once – While it’s not always possible, don’t submit your information until you have everything. Sending over documents piecemeal is a surefire way to cause confusion and delays and makes the process rife for errors. In fact, many CPAs won’t even start a return until they have everything. Again, this isn’t always possible because sometimes a K-1, for example, is not yet available – but that should be an exception to the rule.
  • Be Responsive – To the degree that you can be responsive to follow-up questions from your tax preparer or their staff. This will ensure your return keeps moving, saving time (and therefore billable hours) that stopping and starting creates.

Conclusion

Following these tips will not only help you develop a great relationship with your tax preparer for years to come, but it also will ensure the most accurate and efficient preparation of your return possible.

Documenting Fiduciary Accounting Practices

Fiduciary AccountingFiduciary accounting, which is also referred to as court accounting, is a way to document and report financial activity during a discrete period of time for legal entities, such as a conservatorship, estate, trust or guardianship.

It’s meant to give adequate notice to all relevant parties when it comes to every consequential financial activity impacting the administration that occurred over the accounting time frame. It shows every disbursement and receipt that is managed by the legal entity’s fiduciary. It accounts for transactions beginning with the initial funding or principal and the resulting future transactions, including income.

When it comes to the format of fiduciary accounting, along with the United States having its own unique modifications, the Uniform Principal and Income Act requires checking the governing instruments, in addition to state laws, to ensure fiduciary accounting compliance is met. However, looking at the National Standard Format, the following components in a filing are accepted by most courts:

  • Documentation of incoming and outgoing monetary sums of the legal entity’s starting principal and income produced
  • Documentation of the entity’s liabilities and assets
  • Documentation of any payment the fiduciary received
  • Legally authorized individuals hired by the fiduciary, what pay they received, and their association with the fiduciary

The primary consideration is that being part of being a fiduciary is having a legal duty to the beneficiary of the legal entity, including “the duty to account” to the beneficiary. This duty to account is oftentimes required by the governing document, the state statute, a court order, linked to court proceedings or a beneficiary requesting an accounting. If this duty is breached, the fiduciary may be liable.

The accounting should ensure a reporting of every asset in the legal entity. During the first year, the beginning balance will list the assets that fund the account. For successive accountings, the starting balance and the ending asset values on the preceding accounting should be the same. Along with the assets in the custody of the legal entity being documented, any asset that has been withdrawn, paid out, or moved must also be documented. Income received from the entity’s investments is to be measured against the principal and income investment schedules to ensure that all income, dividends, and interest have been received and reported correctly.  

Reasons Why an Accounting is Done

Some of the more straightforward reasons a fiduciary accounting is done is to ensure the fiduciary is compliant. There’s also greater efficiency when doing this annually versus more infrequent intervals since mistakes can be identified and corrected sooner. The same accounting results can also be used for the entity’s tax filings.

Other reasons concern the fiduciary and beneficiaries. The beneficiary can review and challenge the accounting if there’s impropriety suspected. When the fiduciary has completed their responsibilities for the beneficiaries and entity, liability for the fiduciary may cease to exist, even if the beneficiaries decline to execute a receipt, release, and refunding agreement (or similar document). If an approved accounting is necessary to be submitted with a court, the above four documents may be considered an acceptable substitution in place of an accounting.

Regardless of the type of legal entity that requires this type of fiduciary accounting, a fiduciary that is diligent and works with an accounting and legal professional can reduce the chances of exposing themself and their supervising entities from unnecessary exposure.