The Emergency National Security Supplemental Appropriations Act (HR 815) – Formerly known as the RELIEVE Act, this bill was originally written to improve veteran eligibility for reimbursement for emergency treatment. However, the bill was altered to incorporate the Senate’s effort to combine new U.S. border policies with aid for wars abroad. On Feb. 13, the Senate passed this bill to provide $95.3 billion in aid for Ukraine, Israel, and Taiwan. While the border policy portion of the bill was struck out, the Senate did manage to pass the foreign aid funding. The bill includes $4.83 billion to help deter China’s aggression against Taiwan, $9.15 billion in humanitarian assistance to civilians in conflict zones such as Gaza and the West Bank, $14.1 billion to support Israel’s war against Hamas, and $60 billion in aid to Ukraine. It is worth noting that about 75 percent of the Ukraine funding would be spent in the United States to refill inventories and purchase new weapons from American manufacturers. However, the House speaker has indicated he will not bring the bill to the floor for a vote until they have satisfactorily readdressed immigration policies affecting the U.S. border.
Tax Relief for American Families and Workers Act of 2024 (HR 7024) – This bipartisan legislation was introduced on Jan. 17 by Rep. Jason Smith (R-MO). The bill includes a variety of tax-related provisions, such as enhancing the low-income housing and child tax credits, as well as offering additional tax incentives to promote economic growth for small and private business owners and entrepreneurs. The bill passed in the House on Jan. 31 and has the potential to pass in the Senate before the April tax filing deadline.
No Dollars to Uyghur Forced Labor (HR 4039) – This bill prohibits two U.S. government agencies from spending funds associated with goods procured via forced labor in the Xinjiang Uyghur Autonomous Region (XUAR) of China. However, if the State Department advises Congress of evidence that no forced labor was used in making particular goods, it may waive the prohibition. The act was introduced by Rep. Nathaniel Moran (R-TX) on June 12, 2023. It passed in the House on Feb. 13 and currently lies with the Senate.
A bill to improve performance and accountability in the Federal Government and for other purposes (S 709) – This bipartisan bill was introduced by Sen. Gary Peters (D-MI) on March 8, 2023. It is designed to improve performance and accountability within the Federal Government by re-evaluating the goals of federal agencies and authorizing a Deputy Performance Improvement Officer in addition to a Performance Improvement Officer. The act passed in the Senate on Feb. 8 and is now under consideration in the House.
Train More Nurses Act (S 2853) – This bill requires the Departments of Labor and Health and Human Services to research and prepare recommendations to make grant programs that support nurses more effectively. Specifically, how to increase pathways for experienced nurses to become teachers at nursing schools, particularly in underserved areas, and how to encourage more licensed practical nurses to become registered nurses. The act, which was introduced by Sen. Jacky Rosen (D-NV) on May 3, 2023, passed by unanimous consent in the Senate on Jan. 24. It is currently under review in the House.
Alan F Burke CPA
Debating U.S. Border Policies and Foreign Aid, Providing Tax Relief Before Tax Season, and Training More Nurses
March 1, 2024 · Blog, Congress at Work
⏱ 3 min read
The Emergency National Security Supplemental Appropriations Act (HR 815) – Formerly known as the RELIEVE Act, this bill was originally written to improve veteran eligibility for reimbursement for emergency treatment. However, the bill was altered to incorporate the Senate’s effort to combine new U.S. border policies with aid for wars abroad. On Feb. 13, the Senate passed this bill to provide $95.3 billion in aid for Ukraine, Israel, and Taiwan. While the border policy portion of the bill was struck out, the Senate did manage to pass the foreign aid funding. The bill includes $4.83 billion to help deter China’s aggression against Taiwan, $9.15 billion in humanitarian assistance to civilians in conflict zones such as Gaza and the West Bank, $14.1 billion to support Israel’s war against Hamas, and $60 billion in aid to Ukraine. It is worth noting that about 75 percent of the Ukraine funding would be spent in the United States to refill inventories and purchase new weapons from American manufacturers. However, the House speaker has indicated he will not bring the bill to the floor for a vote until they have satisfactorily readdressed immigration policies affecting the U.S. border.
Tax Relief for American Families and Workers Act of 2024 (HR 7024) – This bipartisan legislation was introduced on Jan. 17 by Rep. Jason Smith (R-MO). The bill includes a variety of tax-related provisions, such as enhancing the low-income housing and child tax credits, as well as offering additional tax incentives to promote economic growth for small and private business owners and entrepreneurs. The bill passed in the House on Jan. 31 and has the potential to pass in the Senate before the April tax filing deadline.
No Dollars to Uyghur Forced Labor (HR 4039) – This bill prohibits two U.S. government agencies from spending funds associated with goods procured via forced labor in the Xinjiang Uyghur Autonomous Region (XUAR) of China. However, if the State Department advises Congress of evidence that no forced labor was used in making particular goods, it may waive the prohibition. The act was introduced by Rep. Nathaniel Moran (R-TX) on June 12, 2023. It passed in the House on Feb. 13 and currently lies with the Senate.
A bill to improve performance and accountability in the Federal Government and for other purposes (S 709) – This bipartisan bill was introduced by Sen. Gary Peters (D-MI) on March 8, 2023. It is designed to improve performance and accountability within the Federal Government by re-evaluating the goals of federal agencies and authorizing a Deputy Performance Improvement Officer in addition to a Performance Improvement Officer. The act passed in the Senate on Feb. 8 and is now under consideration in the House.
Train More Nurses Act (S 2853) – This bill requires the Departments of Labor and Health and Human Services to research and prepare recommendations to make grant programs that support nurses more effectively. Specifically, how to increase pathways for experienced nurses to become teachers at nursing schools, particularly in underserved areas, and how to encourage more licensed practical nurses to become registered nurses. The act, which was introduced by Sen. Jacky Rosen (D-NV) on May 3, 2023, passed by unanimous consent in the Senate on Jan. 24. It is currently under review in the House.
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.
As the name implies, a contingent liability for a business does not always happen and depends on how the future unfolds. When it comes to a business analyzing a contingent liability, it focuses on the probability of the business realizing it, the time frame within which the liability might occur, and the accuracy of the contingent liability’s estimated amount.
When to Record and Notify of Contingent Liabilities
Projected contingent liabilities are typically recorded if the contingent liability will materialize and can be reasonably projected with a high level of accuracy. Examples include a company making good on a large-scale product warranty, a business facing a government probe or ongoing litigation, or an organization having to satisfy a guarantee on debt.
When recording contingent liabilities, businesses must adhere to three accounting principles from generally accepted accounting principles (GAAP) and the International Financial Reporting Standards (IFRS):
1. The Full Disclosure Principle
This requires consequential and pertinent financial details and essentials to be documented thoroughly in financial statements. Relevant fiscal circumstances that have a reasonable likelihood to negatively impact a business’s future net profitability, cash flow, and assets highlight the importance of why a company’s solvency is the primary focus of this tenant.
2. The Materiality Principle
This focuses on the necessity of financial statement disclosure. Preparers of the financial statements must determine if including financial information (or not) on the business’s financial statements would give interested parties substantive information to help them determine whether or not to engage with the company.
3. The Prudence Principle
This last principle focuses on ensuring income and assets are reported accurately, along with requiring liabilities and expenses not to be reported too low. When applying this principle through the lens of contingent liabilities, if there’s more than a 50 percent chance of the event occurring, it and the associated expense are documented. Recording the liability gives a fair reporting of the expenses and obligations.
Naturally, if there’s a strong likelihood of reducing a business’s ability to sustain profitability, it also can reduce investor interest in buying part (or all) of the company. Similarly, while being transparent by disclosing contingent liabilities, a business might not be able to secure lending if the lender doesn’t have faith that the debt will be repaid according to the loan’s terms.
Contingent liabilities that are expected to occur/settle in the short term are usually more impactful. Conversely, contingent liabilities that are anticipated to be settled over the long term are less impactful because there’s a smaller chance of the event actually materializing.
Another consideration when it comes to generally accepted accounting principles is that there are three categories of contingent liabilities, which are all based on the probability of it occurring.
If the likelihood of the liability arising is more than 50 percent and the loss can be projected with relative certainty, this is recorded as an expense on the income statement and a liability on the balance sheet. This also can be referred to as a probable contingent liability that can be reasonably estimated (and reflected on financial statements).
If the contingency meets one, but not both, of the criteria of a high probability contingency, the contingent liability is required to be documented in the footnotes of the financial statements. This also can be referenced by stating that the liability is as likely to occur as not.
If a contingent liability does not meet either of the first two conditions, the rest fall into this category. Since the probability of a cost arising due to these liabilities is highly unlikely, and while reporting these in financial statements is not required, companies sometimes do disclose them.
With contingent liabilities being naturally uncertain, these approaches give business’ some level of certainty to evaluate and make reasonable judgment calls to manage internal and external expectations.
Alan F Burke CPA
Contingent Liability Defined
March 1, 2024 · Accounting News, Blog
⏱ 4 min read
As the name implies, a contingent liability for a business does not always happen and depends on how the future unfolds. When it comes to a business analyzing a contingent liability, it focuses on the probability of the business realizing it, the time frame within which the liability might occur, and the accuracy of the contingent liability’s estimated amount.
When to Record and Notify of Contingent Liabilities
Projected contingent liabilities are typically recorded if the contingent liability will materialize and can be reasonably projected with a high level of accuracy. Examples include a company making good on a large-scale product warranty, a business facing a government probe or ongoing litigation, or an organization having to satisfy a guarantee on debt.
When recording contingent liabilities, businesses must adhere to three accounting principles from generally accepted accounting principles (GAAP) and the International Financial Reporting Standards (IFRS):
1. The Full Disclosure Principle
This requires consequential and pertinent financial details and essentials to be documented thoroughly in financial statements. Relevant fiscal circumstances that have a reasonable likelihood to negatively impact a business’s future net profitability, cash flow, and assets highlight the importance of why a company’s solvency is the primary focus of this tenant.
2. The Materiality Principle
This focuses on the necessity of financial statement disclosure. Preparers of the financial statements must determine if including financial information (or not) on the business’s financial statements would give interested parties substantive information to help them determine whether or not to engage with the company.
3. The Prudence Principle
This last principle focuses on ensuring income and assets are reported accurately, along with requiring liabilities and expenses not to be reported too low. When applying this principle through the lens of contingent liabilities, if there’s more than a 50 percent chance of the event occurring, it and the associated expense are documented. Recording the liability gives a fair reporting of the expenses and obligations.
Naturally, if there’s a strong likelihood of reducing a business’s ability to sustain profitability, it also can reduce investor interest in buying part (or all) of the company. Similarly, while being transparent by disclosing contingent liabilities, a business might not be able to secure lending if the lender doesn’t have faith that the debt will be repaid according to the loan’s terms.
Contingent liabilities that are expected to occur/settle in the short term are usually more impactful. Conversely, contingent liabilities that are anticipated to be settled over the long term are less impactful because there’s a smaller chance of the event actually materializing.
Another consideration when it comes to generally accepted accounting principles is that there are three categories of contingent liabilities, which are all based on the probability of it occurring.
If the likelihood of the liability arising is more than 50 percent and the loss can be projected with relative certainty, this is recorded as an expense on the income statement and a liability on the balance sheet. This also can be referred to as a probable contingent liability that can be reasonably estimated (and reflected on financial statements).
If the contingency meets one, but not both, of the criteria of a high probability contingency, the contingent liability is required to be documented in the footnotes of the financial statements. This also can be referenced by stating that the liability is as likely to occur as not.
If a contingent liability does not meet either of the first two conditions, the rest fall into this category. Since the probability of a cost arising due to these liabilities is highly unlikely, and while reporting these in financial statements is not required, companies sometimes do disclose them.
With contingent liabilities being naturally uncertain, these approaches give business’ some level of certainty to evaluate and make reasonable judgment calls to manage internal and external expectations.
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.
If you would like to donate artwork to an eligible charitable organization, you might be able to take a deduction on your tax return. However, the rules are complex. There are different requirements for different values, and there are scams you want to avoid that could lead to severe consequences for taxpayers who abuse this deduction.
Generally, the deduction for donated art is based on the fair market value of the property. This refers to the price the artwork could reasonably be expected to sell for on the open market. To qualify for the deduction, note that the value of an art donation may be limited to between 20 percent and 60 percent of the taxpayer’s adjusted gross income, based on the type of organization and whether the deduction must be reduced.
For the donation to qualify for a deduction at the full fair market value, the artwork must be used by the charitable organization in a way that relates back to its charitable purpose. For example, art is donated to an art museum or school. Otherwise, the deduction is limited to the amount of capital gain realized had you sold the property instead of giving it to a charity.
Requisite Tax Documentation
The IRS requires the following records to claim a charitable art donation deduction:
Name and address of qualified receiving charitable organization
Date and location of the donation
Detailed description of the artwork
The following details require additional documentation based on the value of the art donation:
$250 or more requires a documented acknowledgment from the recipient
$500 or more must file Form 8283 with a tax return, and records must be retained documenting how and when you obtained the artwork as well as its cost basis
$5,000 or more, the donor must obtain a documented qualified appraisal no more than 60 days before the contribution date
$20,000 or more must include the signed appraisal with your tax return
$50,000 or more, request that the IRS appraise the artwork and issue a Statement of Value to substantiate the value
Fractional Gift/Deduction
It is possible to make fractional deductions for an art donation as long as the artwork is wholly owned by the donor or shared between the donor and the charity. Furthermore, fractional donations must be completed within 10 years of the initial fractional gift or the donor’s date of death.
Artist Donation
The art tax deduction is more beneficial to collectors than artists. If an artist decides to donate a piece to a charity, he can deduct only the cost of the materials used to create the art – assuming he hasn’t already claimed them as a business deduction.
IRS Caution
Recently, the IRS has published warnings about art tax deduction schemes being promoted by fraudsters. It starts with a promotion encouraging (usually high net) taxpayers to buy art at a “discounted” price. The entity or person will offer various accompanying services, such as appraisal, storage, and shipping. The promoter may then help the taxpayer donate the artwork to one or more specific charities in order to claim a higher deduction than the purchase price.
The scheme generally involves waiting a least a year before donating in order to claim the deduction at an inflated fair market value. Some promoters work with taxpayers to donate art on a rotating basis every year in order to continue receiving the artificially inflated deduction. The following are some red flags from the IRS that indicate an art deduction scheme.
Be wary of buying multiple works by the same artist, especially when the art appears to have little to no market value beyond what the promoter is advertising.
Be wary of an appraisal that does not adequately describe the art in terms of rarity, age, quality, condition, the stature of the artist, the price paid, and the quantity purchased.
Remember that taxpayers are ultimately responsible for the accuracy of information reported on their tax returns. Avoiding taxes by participating in an overvalued art scheme could lead to back-tax payments, additional penalties and interest, additional fines, and even imprisonment.
Another option is to simply sell the art and donate the proceeds to a charity. The donor may owe capital gains taxes on the sale, but it’s possible that the charitable donation deduction will offset this expense.
As with all complex tax deductions, it’s a good idea to consult with a tax professional or legal advisor when donating artwork. This can help ensure that both the taxpayer and the charity are able to maximize the potential benefits of the donation.
Alan F Burke CPA
What to Know About the Art Donation Deduction
March 1, 2024 · Blog, Financial Planning
⏱ 4 min read
If you would like to donate artwork to an eligible charitable organization, you might be able to take a deduction on your tax return. However, the rules are complex. There are different requirements for different values, and there are scams you want to avoid that could lead to severe consequences for taxpayers who abuse this deduction.
Generally, the deduction for donated art is based on the fair market value of the property. This refers to the price the artwork could reasonably be expected to sell for on the open market. To qualify for the deduction, note that the value of an art donation may be limited to between 20 percent and 60 percent of the taxpayer’s adjusted gross income, based on the type of organization and whether the deduction must be reduced.
For the donation to qualify for a deduction at the full fair market value, the artwork must be used by the charitable organization in a way that relates back to its charitable purpose. For example, art is donated to an art museum or school. Otherwise, the deduction is limited to the amount of capital gain realized had you sold the property instead of giving it to a charity.
Requisite Tax Documentation
The IRS requires the following records to claim a charitable art donation deduction:
Name and address of qualified receiving charitable organization
Date and location of the donation
Detailed description of the artwork
The following details require additional documentation based on the value of the art donation:
$250 or more requires a documented acknowledgment from the recipient
$500 or more must file Form 8283 with a tax return, and records must be retained documenting how and when you obtained the artwork as well as its cost basis
$5,000 or more, the donor must obtain a documented qualified appraisal no more than 60 days before the contribution date
$20,000 or more must include the signed appraisal with your tax return
$50,000 or more, request that the IRS appraise the artwork and issue a Statement of Value to substantiate the value
Fractional Gift/Deduction
It is possible to make fractional deductions for an art donation as long as the artwork is wholly owned by the donor or shared between the donor and the charity. Furthermore, fractional donations must be completed within 10 years of the initial fractional gift or the donor’s date of death.
Artist Donation
The art tax deduction is more beneficial to collectors than artists. If an artist decides to donate a piece to a charity, he can deduct only the cost of the materials used to create the art – assuming he hasn’t already claimed them as a business deduction.
IRS Caution
Recently, the IRS has published warnings about art tax deduction schemes being promoted by fraudsters. It starts with a promotion encouraging (usually high net) taxpayers to buy art at a “discounted” price. The entity or person will offer various accompanying services, such as appraisal, storage, and shipping. The promoter may then help the taxpayer donate the artwork to one or more specific charities in order to claim a higher deduction than the purchase price.
The scheme generally involves waiting a least a year before donating in order to claim the deduction at an inflated fair market value. Some promoters work with taxpayers to donate art on a rotating basis every year in order to continue receiving the artificially inflated deduction. The following are some red flags from the IRS that indicate an art deduction scheme.
Be wary of buying multiple works by the same artist, especially when the art appears to have little to no market value beyond what the promoter is advertising.
Be wary of an appraisal that does not adequately describe the art in terms of rarity, age, quality, condition, the stature of the artist, the price paid, and the quantity purchased.
Remember that taxpayers are ultimately responsible for the accuracy of information reported on their tax returns. Avoiding taxes by participating in an overvalued art scheme could lead to back-tax payments, additional penalties and interest, additional fines, and even imprisonment.
Another option is to simply sell the art and donate the proceeds to a charity. The donor may owe capital gains taxes on the sale, but it’s possible that the charitable donation deduction will offset this expense.
As with all complex tax deductions, it’s a good idea to consult with a tax professional or legal advisor when donating artwork. This can help ensure that both the taxpayer and the charity are able to maximize the potential benefits of the donation.
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 Emergency National Security Supplemental Appropriations Act (HR 815) – Formerly known as the RELIEVE Act, this bill was originally written to improve veteran eligibility for reimbursement for emergency treatment. However, the bill was altered to incorporate the Senate’s effort to combine new U.S. border policies with aid for wars abroad. On Feb. 13, the Senate passed this bill to provide $95.3 billion in aid for Ukraine, Israel, and Taiwan. While the border policy portion of the bill was struck out, the Senate did manage to pass the foreign aid funding. The bill includes $4.83 billion to help deter China’s aggression against Taiwan, $9.15 billion in humanitarian assistance to civilians in conflict zones such as Gaza and the West Bank, $14.1 billion to support Israel’s war against Hamas, and $60 billion in aid to Ukraine. It is worth noting that about 75 percent of the Ukraine funding would be spent in the United States to refill inventories and purchase new weapons from American manufacturers. However, the House speaker has indicated he will not bring the bill to the floor for a vote until they have satisfactorily readdressed immigration policies affecting the U.S. border.
As the name implies, a contingent liability for a business does not always happen and depends on how the future unfolds. When it comes to a business analyzing a contingent liability, it focuses on the probability of the business realizing it, the time frame within which the liability might occur, and the accuracy of the contingent liability’s estimated amount. 
If you would like to donate artwork to an eligible charitable organization, you might be able to take a deduction on your tax return. However, the rules are complex. There are different requirements for different values, and there are scams you want to avoid that could lead to severe consequences for taxpayers who abuse this deduction.