National Defense Authorization Act for Fiscal Year 2026 (S 2296) – Introduced by Sen. Roger Wicker (R-MS) on July 15, the Senate passed this legislation on Oct. 9. The bill is a carve-out of the 2026 budget bill intended to fund military appropriations for the 2025-2026 fiscal year. The bill was largely supported by Republicans but less so by Democrats, who are in favor of keeping the government closed until all of their budget concerns are addressed. In addition to establishing funding and policies for military and defense-related activities, the bill includes a roadmap for bomber modernization, a real-time database for contractor compliance oversight, and authorizing programs for nuclear weapons facilities. The legislation would authorize $32.1 billion over the President’s budget request, and the White House opposes provisions in the bill that thwart the President’s ability to control immigration and conduct foreign affairs, including submitting plans to Congress ahead of actions, dictating the terms of intelligence support to Ukraine, and enabling the Defense Department to bypass the Administration’s tariffs. The bill currently rests with the House, which asserts it will not return to regular session until the Senate passes the current controversial CR budget bill.
Employee Ownership Representation Act of 2025 (S 1728) – This bipartisan bill seeks to expand the membership of the Advisory Council on Employee Welfare and Pension Benefit Plans to include two representatives of employee ownership organizations. While the council presently includes 15 members from business, labor, and the public, the council has no expertise specific to Employee Stock Ownership Plans (ESOPs). The legislation was introduced by Sen. Bill Cassidy (R-LA) on May 13 and passed in the Senate on Oct. 9. It currently awaits consideration by the House.
Retire Through Ownership Act (S 2403) – The main purpose of this bill is to provide a clear definition for certain closely held stock that aligns valuations with IRS standards in an effort to mitigate valuation risk for ESOPs. It would also provide “safe harbor” for trustees relying on these guidelines. The Act was introduced by Sen. Roger Marshall (R-KS) on July 23. It passed in the Senate on Oct. 9 and currently lies with the House.
Uniformed Services Leave Parity Act (S 1440) – Introduced by Sen. Tammy Duckworth (D-IL) on April 10, this legislation would authorize leave benefits (parental leave, emergency leave) to Public Health Service (PHS) officers. The bill sponsors assert that the current lack of these important benefits is a challenge to recruiting and retaining PHS personnel, who should be on par with the same benefits offered to uniformed service members. The bill passed in the Senate on Oct. 9 and is up for review in the House.
Internal Revenue Service Math and Taxpayer Help Act (HR 998) – This bill was introduced on Feb. 5 by Rep. Randy Feenstra (R-IA). Among other provisions, it instructs the IRS to provide taxpayers with details of notices that relate to a math or clerical error. The bill passed in the House on March 31 and in the Senate on Oct. 20. It currently awaits the President’s signature to become law.
Alan F Burke CPA
Controversial Defense Funding Bill, Shoring Up ESOP Plans, and Leave Benefits for Public Health Personnel
November 1, 2025 · Blog, Congress at Work
⏱ 3 min read
National Defense Authorization Act for Fiscal Year 2026 (S 2296) – Introduced by Sen. Roger Wicker (R-MS) on July 15, the Senate passed this legislation on Oct. 9. The bill is a carve-out of the 2026 budget bill intended to fund military appropriations for the 2025-2026 fiscal year. The bill was largely supported by Republicans but less so by Democrats, who are in favor of keeping the government closed until all of their budget concerns are addressed. In addition to establishing funding and policies for military and defense-related activities, the bill includes a roadmap for bomber modernization, a real-time database for contractor compliance oversight, and authorizing programs for nuclear weapons facilities. The legislation would authorize $32.1 billion over the President’s budget request, and the White House opposes provisions in the bill that thwart the President’s ability to control immigration and conduct foreign affairs, including submitting plans to Congress ahead of actions, dictating the terms of intelligence support to Ukraine, and enabling the Defense Department to bypass the Administration’s tariffs. The bill currently rests with the House, which asserts it will not return to regular session until the Senate passes the current controversial CR budget bill.
Employee Ownership Representation Act of 2025 (S 1728) – This bipartisan bill seeks to expand the membership of the Advisory Council on Employee Welfare and Pension Benefit Plans to include two representatives of employee ownership organizations. While the council presently includes 15 members from business, labor, and the public, the council has no expertise specific to Employee Stock Ownership Plans (ESOPs). The legislation was introduced by Sen. Bill Cassidy (R-LA) on May 13 and passed in the Senate on Oct. 9. It currently awaits consideration by the House.
Retire Through Ownership Act (S 2403) – The main purpose of this bill is to provide a clear definition for certain closely held stock that aligns valuations with IRS standards in an effort to mitigate valuation risk for ESOPs. It would also provide “safe harbor” for trustees relying on these guidelines. The Act was introduced by Sen. Roger Marshall (R-KS) on July 23. It passed in the Senate on Oct. 9 and currently lies with the House.
Uniformed Services Leave Parity Act (S 1440) – Introduced by Sen. Tammy Duckworth (D-IL) on April 10, this legislation would authorize leave benefits (parental leave, emergency leave) to Public Health Service (PHS) officers. The bill sponsors assert that the current lack of these important benefits is a challenge to recruiting and retaining PHS personnel, who should be on par with the same benefits offered to uniformed service members. The bill passed in the Senate on Oct. 9 and is up for review in the House.
Internal Revenue Service Math and Taxpayer Help Act (HR 998) – This bill was introduced on Feb. 5 by Rep. Randy Feenstra (R-IA). Among other provisions, it instructs the IRS to provide taxpayers with details of notices that relate to a math or clerical error. The bill passed in the House on March 31 and in the Senate on Oct. 20. It currently awaits the President’s signature to become law.
Disclaimer
These articles provide general information on tax, accounting, and financial topics for small businesses and individuals. They are educational in nature and are not specific legal, accounting, financial, tax, or other professional advice, and should not be relied upon as such. This content was prepared by Service2Client and may have been reviewed or edited by the website owner for accuracy and compliance. Look for a trust mark below for verification details. No representation is made that any approach described will achieve a particular result, and no regulatory or professional body has reviewed or endorsed this content. Because each situation is different, readers should consult a qualified professional about their specific circumstances before acting. Images accompanying these articles are protected by copyright and may not be copied or reused.
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.
Alan F Burke CPA
Financing Via Off-Balance Sheet Options
November 1, 2025 · Accounting News, Blog
⏱ 3 min read
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.
Disclaimer
These articles provide general information on tax, accounting, and financial topics for small businesses and individuals. They are educational in nature and are not specific legal, accounting, financial, tax, or other professional advice, and should not be relied upon as such. This content was prepared by Service2Client and may have been reviewed or edited by the website owner for accuracy and compliance. Look for a trust mark below for verification details. No representation is made that any approach described will achieve a particular result, and no regulatory or professional body has reviewed or endorsed this content. Because each situation is different, readers should consult a qualified professional about their specific circumstances before acting. Images accompanying these articles are protected by copyright and may not be copied or reused.
The 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.
Alan F Burke CPA
New Rules for Inherited Traditional IRA Distributions
November 1, 2025 · Blog, Financial Planning
⏱ 3 min read
The 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.
Disclaimer
These articles provide general information on tax, accounting, and financial topics for small businesses and individuals. They are educational in nature and are not specific legal, accounting, financial, tax, or other professional advice, and should not be relied upon as such. This content was prepared by Service2Client and may have been reviewed or edited by the website owner for accuracy and compliance. Look for a trust mark below for verification details. No representation is made that any approach described will achieve a particular result, and no regulatory or professional body has reviewed or endorsed this content. Because each situation is different, readers should consult a qualified professional about their specific circumstances before acting. Images accompanying these articles are protected by copyright and may not be copied or reused.
National Defense Authorization Act for Fiscal Year 2026 (S 2296) – Introduced by Sen. Roger Wicker (R-MS) on July 15, the Senate passed this legislation on Oct. 9. The bill is a carve-out of the 2026 budget bill intended to fund military appropriations for the 2025-2026 fiscal year. The bill was largely supported by Republicans but less so by Democrats, who are in favor of keeping the government closed until all of their budget concerns are addressed. In addition to establishing funding and policies for military and defense-related activities, the bill includes a roadmap for bomber modernization, a real-time database for contractor compliance oversight, and authorizing programs for nuclear weapons facilities. The legislation would authorize $32.1 billion over the President’s budget request, and the White House opposes provisions in the bill that thwart the President’s ability to control immigration and conduct foreign affairs, including submitting plans to Congress ahead of actions, dictating the terms of intelligence support to Ukraine, and enabling the Defense Department to bypass the Administration’s tariffs. The bill currently rests with the House, which asserts it will not return to regular session until the Senate passes the current controversial CR budget bill.
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).
The 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.