In This Issue

Partner's Perspective:
How to Build a Strong Relationship With Your Business Banker
Business Briefs
Seek Options for Funding Lifelong Learning
Words to the Wise: How to Handle Family Gift Requests
The Fight Against Fraud - Beware of New Email Scams
PROFILES:
Mary Taylor, CPA, MT
About Our Staff

Business Briefs

Pillar Award Granted to Bober, Markey, Fedorovich & Company

Congratulations and thanks are due to all of the Partners and Associates at Bober, Markey, Fedorovich & Company for being named a 2004 Pillar Award for Community Service winner sponsored by Medical Mutual of Ohio and presented by Smart Business Magazine. This award, where winners are chosen by a panel of judges, was developed to honor individuals and businesses dedicated to making Northeast Ohio a better place to live and to showcase best practices.

Our Partners are very proud of all of our Associates' continual commitment and enthusiasm for the community projects we take on each year. That commitment not only comes from leadership by example, but from an individual spirit that each employee shows by their participation in the community.

There are many organizations that benefit from our participation in the community including our firm members serving on over 90 local boards. In addition, our projects throughout the year assist organizations such as the Akron/Canton Regional Foodbank, United Way of Summit County, Akron Public Schools, The American Heart Association and Summit County Children Services - just to name a few.

On December 9th, Rick Fedorovich, Managing Partner, accepted the award on behalf of the firm and all of the Partners and Associates by saying "Our people have embraced the concept of community volunteerism with fervor, enthusiasm and what seems like unending energy."  BMF&C

About Our Staff

In order to support continued growth in our practice, the Partners of Bober, Markey, Fedorovich & Company are pleased to announce the following additions to our professional staff:
Jeremy Depinet, CPA, joined our Tax Services Department as a senior accountant. Jeremy graduated from Ashland University with BS/BA degrees in Accounting and Business Management. Jeremy has nearly four years of experience working in the tax department of a regional CPA firm in Cleveland.
Nicole Hughes recently graduated from The University of Akron with a BS in Accounting and joined the Firm as a staff accountant in our Assurance & Advisory Department. Nicole has five years of prior experience in small business accounting and tax services with a local CPA firm in Akron.
Pamela Johnson graduated from The University of Akron with an MS in Accounting and recently joined the Firm as a staff accountant in our Tax Services Department.

Bober, Markey, Fedorovich & Company held its premiere annual event, the Top Management Retreat, on Wednesday, November 3, 2004 at Portage Country Club with guest speaker, Dr. Luis Proenza, President, The University of Akron. This annual event featured presentations on topics relevant for today's senior management and offered a powerful networking opportunity for the more than 250 key decision makers and top executives of Northeastern Ohio who attended this event. The topics presented were:

Jim Merklin, "Corporate Governance in Today's Environment."
Mary Taylor, "Updating Your Tax Planning Strategies."
Ray Dunkle, "Fraud Fight: Tuning Up Your Fraud Prevention Efforts."

Ray Dunkle gave presentations in October, 2004 on fraud matters to the American Society of Women Accountants, The University of Akron's Graduate School of Dance, and The University of Akron's College of Business Administration. Additionally, "Enhancing Your Company's Value," a chapter written by Ray, was published in the book Make the Leap: From Mom & Pop to Good Enough to Sell.

Bober, Markey, Fedorovich & Company partners and associates continue to take on leadership positions within local community organizations. Following are new recent appointments:

Jim Bowen, The University of Akron's Accountancy Advisory Board.
Jim Merklin, Board President of Saint Joseph Parenting Center.
Mike Moldvay, Treasurer of the Akron/Canton Regional Foodbank.

Cindy Johnson and Tara Shulas have passed the most recent construction industry technician exam and earned their CIT designation. The Firm now has five associates with the CIT credentials including Paula DiVencenzo, Michelle DeGordon and Dale Ruther.

Mary Taylor has been victorious in her run for a second term in the Ohio General Assembly representing the 43rd district.

The following Bober, Markey, Fedorovich & Company partners have been retained in leadership positions within the PKF North American Network for 2005:

Cindy Johnson, Member, Technology Committee.
Dale Ruther, Member, Construction Contractors Committee.
Jim Merklin, Chair, Manufacturing/ Distribution Committee.
Mark Bober, Vice-Chair, Legal Services Committee.
Rick Fedorovich, Member, Strategic Planning Committee.

Paula DiVencenzo has graduated from The University of Akron's Master of Taxation program. BMF&C

 

Bober, Markey, Fedorovich & Company

Client Advisories

Winter 2005

INFOLETTER

Read and print the Winter 2005 InfoLetter in Adobe PDF format. Requires the free Adobe Reader.
  
Dale A. Ruther
 Partner's Perspective     

How to Build a Strong Relationship With Your Business Banker

Success in business is contingent on surrounding yourself with a great team. This includes not only your employees, vendors and business associates, but also your team of professional advisors.

For most small business owners, this team should consist of their CPA, their attorney and their banker - often referred to as the small business "professional triad." Here, we take a closer look at how you can build a successful partnership with the third member of this triad, your business banker.

More Than Just a Lender

Many small business owners think of their business banker only when they need to borrow money. This is a big mistake, because your banker can do so much more to help your business than just lend money.

An experienced business banker has worked with many other businesses like yours and can bring invaluable knowledge to the table in many areas of management, not just financial. This includes offering a wide range of business banking products and services, such as business checking, savings and investment accounts; cash management services; payroll processing; online banking services; and export financing, to name just a few.

But to take advantage of all the expertise your banker has to offer, it's up to you to take the initiative to build a strong relationship with your banker - a relationship based on trust, openness and honesty. To promote such a relationship, communicate openly and honestly with your banker when things are good and when they are bad.

Some Do's and Don'ts

Do

  • Be prepared.
  • Ask questions.
  • Keep your banker informed.
  • Tell it like it is.
  • Have a plan, but be flexible.

Don't

  • Be impatient.
  • Ask "How much can I borrow?"
  • Make promises you can't keep.
  • Surprise your banker.
  • Change banks solely for a better
    interest rate.
  • Underestimate the value of a
    relationship.

Meeting With Your Banker

Treat your banker with the courtesy and professionalism you would any other professional. This means calling to make an appointment when you want to meet and letting your banker know the purpose of your meeting. It also means being thoroughly prepared. Preparation goes a long way toward ensuring a positive outcome for your business, especially when you're borrowing money.

One of the most basic - but often overlooked - aspects of your preparation should be determining exactly why you need to borrow money and how much you need to borrow. There are any number of reasons why a small business may need to borrow funds: to bridge working capital or cash flow gaps, finance equipment or capital expenditures, purchase real estate, or acquire another business. Be prepared to discuss your specific need for financing and detail specific sources of loan repayment, including available collateral.

Be aware that your banker will also probably ask you for detailed personal financial information, such as personal financial statements and tax returns, and will likely require you to personally sign or guarantee your loan request. In addition to the practical, there's an important psychological aspect to this requirement: It demonstrates your personal commitment, support and dedication to your business and, hence, provides the bank with greater assurance of your repaying the loan. After all, if you're not willing to take any risk yourself, why should the bank take a risk on your business?

On the business financial side, there are a number of different kinds of financial documents and reports your banker will probably want to see. These generally include your past three years' financial statements and tax returns, a projected balance sheet and income statement and a cash budget. You'll also need to present a written business plan that includes detailed and current information on your management, markets, customers, competition, creditors and finances.

To be better prepared financially, keep the following points in mind as you plan to meet with your banker:

  • Keep all your corporate financial records up to date.
  • Make sure your accounting and bookkeeping systems are current.
  • Manage your accounts receivable and collections efforts diligently.
  • Keep your federal and state tax obligations current.
  • Learn and apply the art of cash flow forecasting.

The Five Cs of Credit

In your preparations, also keep in mind what bankers often refer to as the "5 Cs of credit." These are factors that your banker will pay especially close attention to:

Character - What is the character of your company's management and its reputation in the community and industry? How you treat your employees and customers, how you take responsibility, and your timeliness in fulfilling obligations are all indications of your character.

Capacity - This refers to how much debt your company can handle. Your banker will look at various financial ratios and compare them to industry benchmarks to evaluate your capacity to service debt.

Capital - In determining how well capitalized your company is, your banker will likely look to see how invested you are personally in the business. Your business and personal financial statements will help shed light on this.

Collateral - As discussed earlier, collateral is an important secondary source of repayment that banks will usually require from all but the most established businesses. Most collateral is in the form of hard assets, such as real estate or equipment. If yours is a service business without many hard assets, you may have to pledge personal assets as collateral for your loan.

Conditions - This refers to the current economic conditions in the general economy and in your specific industry at the time of your loan request. If your company is sensitive to economic downturns, for instance, this could be a factor in your bank's credit decision.

The Role of the CPA

Finally, don't underestimate the value of having a good CPA in your corner when it comes to building a strong relationship with your banker. Make time for your CPA to sit down with you and explain your financial statements, which helps you better understand your business' financial condition. This, in turn, better enables you to communicate the information more clearly to your banker, which builds your banker's confidence in you and your business.

If you're looking to establish a strong relationship with a business banker, please call or email me at dale@bobermarkey.com, or your Partner/Manager contact, for assistance. We may be able to refer you to the right banker who can meet your company's specific banking needs. BMF&C
 

Seek Options for Funding Lifelong Learning

Paula S. DiVencenzoFamily business owners know the value of lifelong learning, and the Internal Revenue Code provides businesses and individuals an array of incentives and credits to help fund it. The difficulty is figuring out which options are available to you. Many options have income thresholds and other restrictions.

Businesses have several ways to assist employees with funding education. Individuals have even more alternatives.

Section 127 Plans

Section 127 plans are educational assistance programs that allow businesses to provide employees up to $5,250 of education benefits tax-free annually. Employers deduct the costs as business expenses, yet the education doesn't have to be job-related (although sports, games or hobbies won't qualify). Reimbursable expenses include tuition, fees, books, equipment and supplies, and the plans cover degree programs as well as courses or conferences.
Note that Section 127 plans cannot discriminate in favor of highly compensated individuals, and cannot pay more than 5 percent of program benefits to more-than-5 percent shareholders or owners, their spouses or dependents. Therefore, Section 127 is a great option when many employees participate. However, if most of the employees in the business are family members, it may be difficult to overcome the 5 percent requirement.

Fringe Benefit

Treating educational assistance as a working condition fringe benefit is a common way for businesses to fund employee learning. However, the courses must help the employee maintain or improve job skills, and the course can't lead to the individual qualifying for a new trade. The upside of this benefit is that there's no annual limit, it's not subject to nondiscrimination requirements, and the cost of travel, meals, lodging, certain tools and supplies may qualify. It's also possible to treat job-related education expenses in excess of the Section 127 limit of $5,250 as a fringe benefit.

Income Shifting and Education Credits

Families have many ways to shift income to minors to maximize college funds, from gifting under the Uniform Gift/Transfer to Minors Act to employing the child in the family business. Gifting stock, transferring business ownership interests and creating trusts are also possibilities.

Other incentives are education tax credits and deductions that are limited by income thresholds and other provisions. Section 529 plans are a popular way to shift income to college-bound beneficiaries. With no income thresholds and relatively high contribution limits, 529 plans also allow the account owner to retain control over the beneficiary designation and reclaim funds if necessary.

Interested in exploring education-funding options for employees or family members? We can help you sort through plans, incentives and credits to arrive at the best solution. Please call or email me at paula@bobermarkey.com to discuss this. BMF&C
  

Words to the Wise: How to Handle Family Gift Requests

Cindy S. JohnsonBob's cousin asks him to fund Section 529 tuition programs for her children. Bob is wealthy, and could certainly make the contributions. But what about his other cousins' children? If he creates funds for all of them, he won't be very wealthy for very long. How can he nicely say no?

Susan's brother-in-law wants to open a retail franchise and asks for her financial backing. She's really not interested, but how can she get out of this request without damaging their relationship?

It's strange how even a hint of wealth can make you suddenly very popular. If you're feeling besieged and embarrassed by requests for financial aid, you're not alone. We work with clients every day who field frequent requests from others to help them financially.

Sometimes the requests for gifts or loans come from close friends or dear relatives, adding a difficult emotional layer to an already sensitive situation. Other requests come out of the blue from distant relatives or mere acquaintances. In either case, turning them down can be tough.

We recommend that you spend time with your financial advisors considering how you want to handle these requests. That way, when the requests come - as they inevitably will - you will be prepared to respond in a way that fits your own values and financial goals.

Stick to The Plan

In Bob's case, he had an easy out because he and his CPA had discussed standing "policies" to handle gift requests - both from qualified non-profits and from random family members. In the family arena, Bob felt strongly about treating all of his relatives fairly. Unless he could do for all what he did for one, he - or his CPA - would reject the request.

Have a Go-Between

Susan also turned to her CPA for help. She asked him to run interference for her so that she didn't have to be the "bad guy." The CPA was able to do a quick review of the brother-in-law's business plan, check out the franchise and assess the numbers.

The CPA was the one who ultimately let her brother-in-law know that Susan was rejecting the investment. The third-party involvement gave Susan some much-needed distance from the situation and a way to preserve the relationship with her brother-in-law.

Know How to Say Yes

Every now and then, though, you may get a family request you want to fulfill. That's fine, of course, but be aware that you may be setting a precedent - and once word of your generosity gets out, the flow of requests may increase.

For this reason, we recommend that before you agree to a gift, loan or investment, you should discuss it with your financial and tax advisors. Together, we can figure out how to fulfill the request in the most discreet, equitable and tax-advantageous way.

We know you've worked hard to build your business, and it's our goal to help you preserve your wealth. Please call or email me at cindyj@bobermarkey.com to set up a time to talk about how you can best handle gift requests. BMF&C
  

The Fight Against Fraud - Beware of New Email Scams

James E. MerklinEmail spam is bad enough, but the latest wave of email scams has the potential to be much worse than just annoying. Falling victim to an email scam can cost you a lot of money, time and aggravation spent trying to repair the considerable damage that these scams can cause.

In 2002 (the most recent year for which data are available), the Internet Fraud Crime Center received a total of 48,252 complaints of Internet and email fraud, a three-fold increase over the previous year. The total dollar loss from all referred cases was $54 million, up from $17 million in 2001, with a median dollar loss of $299 per complaint.

In the latest scam, an email is sent that appears to be from the FBI that requests the recipient's assistance in catching a supposed "email scam artist." The email asks recipients to feign interest in buying products online from this person, but to actually make payment to the person via a Western Union wire transfer, promising that the person will be arrested by the FBI when trying to pick up the funds.

This scam is similar to another one supposedly from the Federal Deposit Insurance Corporation (FDIC) that tells recipients that Department of Homeland Security Director Tom Ridge has advised the FDIC to suspend all deposit insurance on the recipient's bank account due to suspected violations of the U.S. Patriot Act. The email further indicates that deposit insurance will be suspended until the recipient's personal identity, including bank account information, can be verified.

These emails are not sent by the FBI or FDIC and are fraudulent attempts to obtain personal information or cash. If you receive either one, do not reply to it or try to access the links contained in it, and do not provide any personal information. You can report any incidents of emails like these online at the Internet Crime Complaint Center at www.ic3.gov.

According to the FBI, these scams are similar to other email/Internet scams in the past in which recipients are directed to phony Web sites (most often, the supposed sites of banks or well-recognized national and Web retailers) and prompted to provide personal information. Unfortunately, scam artists have become very adept at disguising emails and Web sites to make them look authentic, which is one reason why this type of fraud (sometimes referred to as "phishing") is becoming so prevalent.

If you have any concerns regarding the risks of fraud, please don't hesitate to call or email me at jimm@bobermarkey.com anytime so that we can help you mitigate those risks. BMF&C
  

 Profiles                                          
Mary Taylor In this feature of InfoLetter, each quarter we provide a profile of one of our professionals who is available to work with our clients and friends.

Mary Taylor, CPA, MT
Senior Manager - Taxation Services

Mary Taylor's experience covers a wide range of tax-related matters and makes her well suited to identify potential tax-saving opportunities and to resolve potential tax issues before they become problems. In addition, Mary has extensive experience with closely-held corporations, including professional service and construction corporations, C-corporations and S-corporations. Mary continues to be the Director of the Pension and Benefits tax practice area for the Firm. She is also currently a member of the Ohio House of Representatives serving residents in southern Summit and southwest Portage counties, having recently been elected to a second term.

Mary graduated from The University of Akron with a Master's of Taxation Degree in August 1998. She is also a 1990 graduate of The University of Akron with a Bachelor of Science Degree in Accounting. Mary was with Deloitte & Touche from 1990-1994. She joined Bober, Markey, Fedorovich & Company in late 1994.

Mary is a member of the American Institute of Certified Public Accountants (Tax Division), the Ohio Society of Certified Public Accountants (Akron/Canton Chapter), a member of the Taxation Committee of the Akron/Canton Chapter of the Ohio Society of Certified Public Accountants, former Chair of the Professional Forums Committee of the Akron/Canton Chapter of the OSCPA, the Akron Tax Club, former member of the ASPA Benefits Council of Cleveland, the International Foundation of Employee Benefit Plans, the Akron Pension Council, and a former member of the United Way Allocations Committee. In addition, Mary was an adjunct professor at Walsh University where she taught accounting and tax courses. BMF&C

This Web Site is designed to present accurate and authoritative general information on a broad range of tax and accounting issues. For personalized advice on matters effecting your rights under the law and/or the drafting of legal documents, you should consult a licensed attorney.

IRS Circular 230 Disclosure: To ensure compliance with U.S. Treasury rules, unless expressly stated otherwise, any U.S. tax advice contained in this Web Site is not intended or written to be used, and cannot be used, by the recipient for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code.

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Bober, Markey, Fedorovich & Company
3421 Ridgewood Road
Akron, Ohio 44333-3119
Phone: 330-762-9785, Fax: 330-762-3108
E-Mail: Info@BoberMarkey.com
 

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