Market View (October 2018) – Volatility: Déjà vu All Over Again

  |  October 12, 2018

In the first two week of October 2018, we have seen a fairly rapid decline in market values. At the time of this writing, the S&P 500 has declined about 6.2% during the month of October with developed international equities performing in a similar fashion and emerging market equities performing worse. Ostensibly, it is valuations, rising interest rates and trade tariffs that are to blame. We added “déjà vu all over again” to the title, because we were in a similar situation as our February 2018 newsletter. Read more. Read More

Does the South Dakota v. Wayfair Decision Mean Economic Opportunities for Tribes?

  |  October 9, 2018

In its decision on South Dakota v. Wayfair on June 21, 2018, the U.S. Supreme Court overturned a 1992 precedent that excused out-of-state retailers from collecting and remitting state sales tax when selling products to residents of a state. The seller was only required to collect sales tax if they had a physical presence such as a brick-and-mortar store or an employee within the buyer’s state legal boundaries.

With the recent ruling, physical presence is no longer required for a state to impose a sales tax on sellers, and states stand to collect potentially billions of dollars in sales taxes from remote sellers. While states aim to maximize a potential windfall of new tax revenue, tribes should be exploring the impact on their sales tax collection. Read more. Read More

Planning Matters (September 2018) – Risk Management and Retirement Planning

  |  September 26, 2018

Last quarter, this newsletter focused on the Retirement Planning section of REDW Stanley’s Wealth Management map. We looked at the inter-relationships between various aspects of financial planning and how retirement planning can span decades and often dominate other planning goals.

At the bottom of the diagram are three additional sections we refer to as the lenses through which we view the decisions that are made in the main planning areas. Because we at REDW Stanley are fiduciaries, we must first act in our client’s best interest. Then we measure and account for the tax impact of planning decisions, and finally, we factor in how those decisions affect risk.

When risk is considered, the following are possible responses... Read more. Read More

Social Security Parity for Tribes

  |  September 24, 2018

On September 6, the Senate passed H.R. 6124, the Tribal Social Security Fairness Act of 2018. The bill, which amends Title II of the Social Security Act, was passed by both the House and Senate by unanimous consent in identical form. It was presented to the President on September 12 and signed into law on September 20.

Currently, tribal council members are not allowed to pay into the Social Security program, but state and local government officials are. The Act corrects this by allowing tribal governments to opt in to agreements that provide Social Security coverage (including Old Age, Survivors, and Disability Insurance benefits) to council members. Read more. Read More

First-time Plan Audits: What to Expect

  |  September 18, 2018

Growing beyond 100 employees is an important landmark in a company’s history. While companies may view crossing this threshold as cause for celebration, the Department of Labor (DOL) may view it as a trigger for increased scrutiny of your employee-benefit plan. Certain employee benefit plans with 100 or more eligible participants may be required to engage an independent auditor (referred to as an Independent Qualified Public Accountant or IQPA) to audit the plan’s financial records.

Going through an audit for the first time can be a daunting task. Read more. Read More

The Potential Impacts of Tax Reform to Real Estate & Construction Companies

  |  September 10, 2018

On December 22, President Trump signed the tax reform bill, “An Act to Provide for Reconciliation Pursuant to Titles II and V of the Concurrent Resolution on the Budget for Fiscal Year 2018," into law, marking the largest change to U.S. tax policy since the 1980s.

With most of the provisions already in place, it is critical to understand the bill’s conference process and IRS regulations issued in 2018, as they will provide guidance on how to apply key provisions along with the intent of Congress in drafting the bill.

To help them navigate the key provisions affecting the real estate and construction industries, we’ve summarized the top considerations and industry implications below. Read more. Read More

Considerations for Business Entity Selection Under Tax Reform

  |  September 10, 2018

Ever since Congress enacted the Tax Cuts and Jobs Act in December, many business owners are reconsidering which business entity makes the most sense for their particular business. With the new, lower tax rate for C corporations, many pass-through entities, including S corporations, are reconsidering their structure to take advantage of the substantially reduced 21% corporate tax rate.

The Act also provided tax relief to S corporations (and other pass-through entities) in the form of a temporary business income deduction (with some limitations), so that’s what makes it complicated. It may not be worth switching after all. When it comes to choosing business entities, one thing hasn’t changed—it all depends on a number of factors. Read more. Read More

NIGC Issues New Guidance on Class III Minimum Internal Control Standards

  |  September 4, 2018

On August 14, the National Indian Gaming Commission (NIGC) announced the approval of non-binding guidance on Class III Minimum Internal Control Standards (MICS).

The NIGC’s Class III MICS were last substantively revised in 2005. In 2006, the D.C. Circuit Court of Appeals ruled that NIGC lacked authority to enforce or promulgate Class III MICS. Since that time, the Class III MICS have remained untouched. Read more. Read More

Upcoming Presentation: The Impacts of South Dakota v. Wayfair

  |  August 29, 2018

The Albuquerque chapter of the Institute of Management Accountants will host James Ortiz, REDW State and Local Tax Senior Manager, as featured speaker for its September meeting.

James will discuss the implications of the South Dakota v. Wayfair ruling on sales and use tax compliance requirements, sales and use tax systems, taxability, and nexus determinations.

Read more for additional information and registration details. Read More