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FA L L 2 0 0 8 horizons A Publication by RubinBrown LLP Leadership: Nurturing Opportunity and Vision INSIDE SETTING THE TONE FOR CHANGE 41280.indd COVERI LEADERSHIP FROM AN INTERNATIONAL PERSPECTIVE Page 9 LEADING THROUGH CHANGE: FRONT-LINE LESSONS Page 13 MODIFYING YOUR LEADERSHIP APPROACH TO EFFECT CHANGE Page 19 LEADING THE FIGHT AGAINST HOMELESSNESS Page 23 AND MORE 9/4/08 9:40:18 PM horizons knowledge. commitment. value. CERTIFIED PUBLIC ACCOUNTANTS AND BUSINESS CONSULTANTS CONTENTS ii Welcome 1-4 RubinBrown New Hires & Promotions 5-6 Announcements 7-8 For Your Money 9-10 International News: Baker Tilly International 11-12 General Topics: Leadership In A Changing World 13-15 General Topics: Leading Through Change 17-18 General Topics: RubinBrown LEAD Program 19-22 Guest Feature: Modifying Your Leadership Approach To Effect Change 23-26 Guest Article: Dan Buck, CEO, St. Patrick Center 27-30 Client Spotlight: The Sound Room l INDUSTRY NEWS 31-32 CONTRACTORS 33-34 HOME BUILDERS 35-36 HOSPITALITY AND GAMING 37-38 MANUFACTURING AND DISTRIBUTION 39-41 NOT-FOR-PROFIT 43-45 PUBLIC SECTOR 47-48 REAL ESTATE INFORMATION Editor: Tim Shannon Graphic Design: Hughes Communications Specialist: Michelle Ward Horizons, a publication of RubinBrown LLP, is designed to provide general information regarding the subject matters covered. Although prepared by professionals, its contents should not be construed as the rendering of advice regarding specific situations. If accounting, legal or other expert assistance is needed, consult with your professional business advisor. Please call RubinBrown with any questions. Located in St. Louis and Kansas City, RubinBrown has become one of the largest accounting and business consulting firms in the Midwest. www.rubinbrown.com 41280.indd Sec2:i 9/4/08 9:40:32 PM knowledge. commitment. value. CERTIFIED PUBLIC ACCOUNTANTS AND BUSINESS CONSULTANTS John F. Herber Jr., CPA Managing Partner Welcome Leadership. Many times this word is reserved for veteran business owners, managers and entrepreneurs. We feel true leadership is something that can and should be displayed at all levels within an organization. As business owners, we are challenged with defining the future of our organization. We must position ourselves to remain competitive and successful. As a result, it is our responsibility to make certain our future leaders are prepared for the responsibilities that lie ahead. At RubinBrown we recognize the immediate need for genuine leaders. We devote time and resources to cultivating team members who display the desire and natural abilities to provide direction and guidance for our business community. We also encourage our team members to give of themselves and use their leadership skills to help build and grow our communities. In this issue, we look into how valuable leadership can be to any organization. Dan Buck shares his passion for empowering individuals and leading one of St. Louis’ largest charitable institutions. We learn from David Young, founder of The Sound Room, the importance of being on the leading edge of innovation and superior customer service. And finally, Ken Harrington shares his views on a leader’s role in effecting change. St. Louis office RubinBrown One North Brentwood St. Louis, MO 63105 Kansas City office 10975 Grandview Drive Suite 600 Overland Park, KS 66210 41280.indd Sec2:ii I invite you to read this publication and offer us your feedback. Our goal, as with everything we do, is to have totally satisfied team members and clients. We hope to hear from you – [email protected]. Pleasant reading. 9/4/08 9:40:37 PM RubinBrown New Hires & Promotions NEW PARTNERS Daniel Raskas joined RubinBrown as a partner to lead an expansion of RubinBrown’s business and technology consulting services. Raskas focuses on transaction consulting, including due diligence and post-merger integration, business performance analysis and management consulting. He also oversees strategic planning and business process improvement in operations and information technology. Raskas brings more than 20 years of business and technology consulting experience, most recently serving as president of DBR Consulting. He also helped found and served as executive vice president of consulting services at Hitachi Consulting and was a principal at Grant Thornton. Raskas serves as vice president of the board of trustees and on multiple committees for the United Hebrew Congregation. He also serves on the regional council board for the Union for Reform Judaism. He holds a bachelor’s degree in computer information systems from Drake University. PROMOTED TO PARTNER Chelle F. Adams, CPA, was promoted to partner in the Internal Audit Services Group. With her expertise in the gaming industry, she oversees adjusted gross receipts audits and operational audits, including currency transaction reporting, slot data systems and related construction projects for casino clients. Adams concentrates her efforts on Sarbanes-Oxley compliance, risk assessments, business process improvements, franchise royalty audits and internal audit special projects. Adams has more than 13 years of experience in the accounting industry. Prior to joining RubinBrown in 2003, she gained extensive experience in the internal audit field with a focus on gaming at Deloitte & Touche LLP. Adams is a member of the American Institute of Certified Public Accountants and the Institute of Internal Auditors. Adams holds a bachelor’s degree in accounting from Truman State University. Eugene C. Hendrickson, CMI, was promoted to partner in the State and Local Tax Services Group. With more than 30 years of experience in property taxation, Hendrickson has worked within private industry and as a consultant to property owners. During his career, he has represented property owners and businesses before taxing officials and review boards in more than 20 states. Hendrickson specializes in property tax consulting, state and local tax, tax incentives and tax planning. Prior to joining RubinBrown in 2005, he served as a senior manager in the property tax consulting practice of PricewaterhouseCoopers in St. Louis. He also has worked for KPMG, Arthur Andersen, McDonnell Douglas Corp. and Ex-Cell-O Corp. Hendrickson holds a bachelor’s degree in accounting from Central Michigan University. He is a Certified Member of the Institute for Professionals in Taxation and is a member of the Associated Industries of Missouri’s Tax Committee. Hendrickson is a licensed Property Tax Agent in Arizona and Tennessee. He also is a former member of the board of directors for the Francis Howell School District and Saints Joachim & Ann School Board. Jay E. Power, CPA, has been promoted to partner in the Tax Consulting Services Group. Power has 18 years of tax accounting experience, specializing in tax return preparation and tax planning. He serves clients in the contracting, home building, manufacturing and distribution, and notfor-profit sectors. Power joined RubinBrown in 2006 as a manager in the Tax Consulting Services Group. Prior to joining RubinBrown, Power served as a tax director for Employers Reinsurance Corp., headquartered in Overland Park, Kan. He is a member of the American Institute of Certified Public Accountants and the Missouri Society of Certified Public Accountants. Power holds a bachelor’s degree in accounting from Kansas State University. Scott M. Quinn, CPA/PFS, has been promoted to partner in the Tax Consulting and Wealth Management Services Groups. Quinn provides financial planning, tax compliance and consulting, and estate planning services, specializing in high net worth individuals, corporate executives and professional athletes. Quinn has more than 18 years of experience in the industry, having been employed as a senior manager at KPMG Peat Marwick and a senior analyst at Laclede Gas Co. prior to joining RubinBrown in 2002. Quinn is a member of the American Institute of Certified Public Accountants and the Missouri Society of Certified Public Accountants. He also is licensed as an investment advisor representative by the National Association of Securities Dealers and certified as a personal finance specialist by the AICPA. Quinn holds a master’s degree in accounting from the University of Missouri-St. Louis and a bachelor’s degree in business administration from the University of Missouri-Columbia. 1 ◆ fall 2008 issue 41280.indd Sec1:1 9/4/08 9:40:39 PM knowledge. commitment. value. NEW MANAGERS Richard G. Heinrichs Jr., CTFA, joined RubinBrown as a manager in its Tax Consulting Services Group and services clients in the firm’s Wealth Management Group. He is responsible for overall client relationships, which includes developing investment objectives, analyzing performance of investments and recommending actions as appropriate. He also is responsible for new client development. Prior to joining RubinBrown, Heinrichs worked at several other firms, including AG Edwards Trust Co., where he served as an associate vice president and handled the portfolio management for the company’s founding family. He is a member of American Bankers Association Institute of Certified Bankers and North American Securities Administrators Association. Heinrichs holds a bachelor’s degree in business administration from Rockhurst University in Kansas City. Ted Williamson, CPA, joined RubinBrown as a manager in its Assurance Services Group. He manages financial statement audit and A-133 single audit engagements for RubinBrown, specializing in not-for-profit organizations, city and county governments, and colleges and universities. His duties include audit, plan audits, risk-based audit planning and tax return preparation. Prior to this position, Williamson served as a senior manager for a national accounting firm, managing a variety of audit engagements for not-for-profits, city and county governments, colleges and universities and publicly traded companies. He is a member of the American Institute of Certified Public Accountants, the Missouri Society of Certified Public Accountants and the Government Finance Officers Association. Williamson also serves as a deacon at Riverside Church. Williamson holds a bachelor’s degree in accounting and political science from William Jewell College. CERTIFIED PUBLIC ACCOUNTANTS AND BUSINESS CONSULTANTS PROMOTED TO MANAGER Sarah Colombo Casey, CPA, was promoted to manager in the Tax Consulting Services Group. Based in the Kansas City office, she provides services to a variety of clients, specifically in the areas of return preparation and tax planning for contractors, home builders and law firms. Casey is a member of the Missouri Society of Certified Public Accountants and the American Institute of Certified Public Accountants. She also serves as treasurer for St. John’s United Methodist Church. Casey holds a bachelor’s degree in accounting from the University of Missouri-Kansas City. Greg Herbster was promoted to manager in the Internal Audit Services Group. He performs operational and financial internal audits, risk management and business process re-engineering. Herbster also serves in a leadership role within the Manufacturing and Distribution Services Group, with expertise in inventory management and lean manufacturing. He has more than 12 years of accounting and consulting experience, most recently serving as a senior business analyst for GKN Aerospace and senior consultant for Deloitte & Touche LLP. Herbster holds a master’s degree in strategy and finance from Washington University’s Olin School of Business in St. Louis, along with a bachelor’s degree in finance and economics from Spring Hill College in Mobile, Ala. Christine Kahle, CPA, was promoted to manager in the Assurance Services Group. In this role, Kahle provides audit and attestation services, specializing in the areas of real estate, architecture and mortgage banking. She also provides plan audit services to a variety of clients. Kahle joined the Assurance Services Group at RubinBrown in 2003 upon her completion of graduate school. Kahle is a member of the Missouri Society of Certified Public Accountants as well as the American Institute of Certified Public Accountants. She also participated in the Baker Tilly International Exchange Program in 2006, working for an affiliated member firm in London to gain an international perspective. Kahle holds both master’s and bachelor’s degrees in accounting from the University of Missouri-St. Louis. 2 ◆ fall 2008 issue 41280.indd Sec1:2 9/4/08 9:41:07 PM NEW MANAGERS (cont.) Chester Moyer, CPA, was promoted to manager in the Assurance Services Group. As a manager in the Kansas City office, Moyer provides audit and attestation services, specializing in the manufacturing and distribution, home building and public sectors. Moyer is a member of the American Institute of Certified Public Accountants and the Missouri Society of Certified Public Accountants. He has served as an adjunct instructor of accounting at the University of Missouri-Columbia and Rockhurst University. Moyer holds master’s and bachelor’s degrees in accountancy from the University of Missouri-Columbia. Mark Paradis, CPA, has been promoted to manager in the Plan Audit Group. In this role, Paradis is responsible for audit, employee benefit and qualified plan services. He has more than 13 years of experience and is a member of both the American Institute of Certified Public Accountants and the Missouri Society of Certified Public Accountants. Paradis previously was a manager at MetLife and worked as a consultant for JeffersonWells International as a consultant. He also held a position in the Missouri State Auditors Office in Jefferson City. Paradis holds a bachelor’s degree in accounting from the University of Missouri-Columbia. Jeff Sparks, CPA, was promoted to manager in the Assurance Services Group. In this role, Sparks serves mid-size public and privately held organizations, specializing in the technology, distribution and manufacturing industries. Sparks works in audit, accounting, income tax and SEC reporting matters. He is a member of the Missouri Society of Certified Public Accountants and the American Institute of Certified Public Accountants. Sparks participated in the Baker Tilly International Exchange Program in 2006, working for Staples Rodway in Auckland, New Zealand. Sparks holds a master’s degree in accountancy and a bachelor’s degree in accountancy with a minor in decision sciences from Miami University in Oxford, Ohio. He is involved with the Jewish Federation of St. Louis, sitting on the Israel & Overseas Allocation Subcommittee and serving as a member of the Montefiore Society and as vice president within the Young Professionals Division. Jessica Ricke, CPA, was promoted to manager in the Assurance Services Group. Ricke specializes in assurance services for media and entertainment clients and contractors, as well as providing assurance and operational review services for home builders. Ricke is a member of the American Institute of Certified Public Accountants and the Missouri Society of Certified Public Accountants. She also is actively involved in the Home Builders Association and Volunteer Lawyers & Accountants for the Arts. Prior to starting at RubinBrown in 2005, Ricke was a financial analyst at American Water Co. She holds a bachelor’s degree in accounting, business administration and management information systems from Westminster College in Fulton, Mo. 3 ◆ fall 2008 issue 41280.indd Sec1:3 9/4/08 9:41:14 PM OTHER NEW HIRES AND PROMOTIONS Jennifer Jones, CPA, joined RubinBrown as controller. She provides leadership and coordination of the firm’s internal financial accounting and reporting. Jones brings more than 15 years of experience to RubinBrown, having previously served as division controller for Compass Group’s Canteen Vending Sector and as controller for the Flex-O-Lite Division of Jackson Products. Prior roles include controller for Bellerive Country Club and senior accountant at PricewaterhouseCoopers. Jones serves on the finance committee and board of directors of Gateway Homeless Services and on the Christian Education Committee and Youth Ministry Team of First Congressional Church of Webster Groves. She holds a bachelor’s degree in accounting from the University of Missouri-Columbia. knowledge. commitment. value. CERTIFIED PUBLIC ACCOUNTANTS AND BUSINESS CONSULTANTS Tim Shannon was named director of marketing and client relations at RubinBrown. Shannon oversees marketing, client relations, practice development and public relations activities for the firm and its affiliates. Prior to this position, Shannon served as a marketing specialist with the firm. Before joining RubinBrown, he worked as a market representative for the May Merchandising Co. and as regional sales and marketing manager for the Schwan Food Co. Shannon is chair of the Baker Tilly North America Communications Subcommittee, a member of the Association for Accounting Marketing, and serves on the east Missouri chapter and Missouri state boards of Bikers Against Child Abuse. He holds a bachelor’s degree in English literature and a master’s degree in marketing from Lindenwood University. Awards James G. Castellano, CPA, chairman of the board of RubinBrown LLP and chairman of Baker Tilly International Ltd., was named to the St. Louis Business Journal’s list of Most Influential St. Louisans. Featured in the Feb. 28, 2008, issue of the St. Louis Business Journal, Castellano was recognized among area business leaders and decision-makers. He also served as chairman of the board of directors of the American Institute of Certified Public Accountants in 2002. Todd Pleimann, CPA, managing partner of RubinBrown’s Kansas City office, was named to Ingram’s 40 Under 40 Class of 2008. The honorees were featured in the April 2008 issue of Ingram’s. Pleimann has held several leadership roles since joining RubinBrown, including serving as a career development coordinator and mentor and as a key developer of RubinBrown University. The program now includes more than 150 continuing education courses offered to all team members. 4 ◆ fall 2008 issue 41280.indd Sec1:4 9/4/08 9:41:20 PM ANNOUNCEMENTS RubinBrown Expands Service Groups Over the past six months, RubinBrown has greatly expanded and enhanced its services in three major areas. The firm launched the St. Louis area’s first Media and Entertainment Services Group, formed a Professional Services Group, and expanded the Hospitality Services Group to include gaming. “We’re proud to have longtime expertise in each of these areas,” said John F. Herber Jr., CPA, managing partner. “The media and entertainment and gaming industries represent rapidly growing segments of the market, and professional services firms are key players in so many industries. Our partners and team members have the experience and knowledge to guide their businesses’ growth and profitability.” Media and Entertainment Services Group Headed by Lawrence E. Rubin, CPA, the Media and Entertainment Services Group offers traditional accounting, auditing, tax and consulting, as well as wealth management, assurance and litigation support services. “RubinBrown has been working in this area for 50plus years, and the growth has been explosive in the last three to five years,” explained Rubin. “St. Louis is home to several nationally known entertainers, authors, broadcasters, athletes and sports agents, plus we represent broadcast and cable groups across the country. We have approximately 15 team members working in this area now, so we wanted to formalize our focus on the media and entertainment industries.” Lawrence E. Rubin, CPA, Partner-in-Charge, Media and Entertainment Services Group 5 ◆ fall 2008 issue 41280.indd Sec1:5 9/4/08 9:41:45 PM knowledge. commitment. value. CERTIFIED PUBLIC ACCOUNTANTS AND BUSINESS CONSULTANTS Rubin added that he’s enjoyed working with the new category of clients because the work is always interesting and challenging. Among the firm’s clients are entertainer Nelly, basketball great Larry Hughes and The Pageant, just to name a few. “The gaming industry is growing in Missouri and other states,” said Mather. “There are numerous new casino developments in St. Louis and Kansas City, as well as other areas of the state. We have the experts on staff to provide excellent service in this industry.” Professional Services Group There are more than 10 accountants currently assigned to the group, including partner Chelle F. Adams, CPA, who joined Rubin Brown five years ago with extensive gaming experience, both with commercial and tribalowned casinos. With this expertise and a presence in both St. Louis and Kansas City, RubinBrown is wellpositioned to be a key player in the gaming industry. RubinBrown already has more than 300 clients in professional services, which encompass a wide range of companies. Clients include architects and engineers; law firms; physician and other health care practices; advertising agencies and public relations firms; insurance agencies; investment advisors; management, marketing, technology and other consultants; interior designers; staffing firms and travel agencies. “We previously had specific groups for some of these industries,” explained Kenneth L. Rubin, CPA, partnerin-charge of the new group. “However, we discovered that these organizations deal with many of the same practice management issues, such as controlling costs by engagement and billing issues, as well as succession planning. Many tax issues, including accounting methods and compensation-related issues, are also comparable. These similarities should provide insight across all professional services firms.” Including Rubin, the Professional Services Group includes five partners – Don Esstman, CPA, Mark Jansen, CPA, Theresa Lynch Ruzicka, CPA, and Ed Warren, CPA, CFP. Supported by a team of experienced managers, the group is well-trained in the accounting and tax requirements for service firms in specific industries. Entrepreneurial Services Group Looking for the Small Business Group? We’ve renamed it the Entrepreneurial Services Group to reflect its focus on both small and mid-size companies. Theresa Lynch Ruzicka is the partner-in-charge of the group. The Entrepreneurial Services Group provides accounting, tax and business advisory services to emerging and established businesses. “The media and entertainment and gaming industries represent rapidly growing segments Hospitality and Gaming Services Group The newly expanded Hospitality and Gaming Services Group now offers a specialization in casinos and gaming enterprises. Jim Mather, CPA, continues as partner-incharge of the group, which also serves hotels, restaurants, golf courses, private clubs, retailers, resorts, movie theaters, convenience stores and franchise operations. of the market, and professional services firms are key players in so many industries.” 6 ◆ fall 2008 issue 41280.indd Sec1:6 9/4/08 9:41:52 PM FOR YOUR MONEY The Importance of Portfolio Rebalancing By Mike Ferman, CPA The recent volatility in the equity markets presents a good opportunity to review your portfolio as it pertains to your original goals and objectives. It is likely that your portfolio is now over or under-weighted in the various asset classes originally selected, which could change your risk/return profile. When establishing your initial asset allocation strategy, you most likely went through a detailed discovery process with your advisor to identify your goals, objectives and investment time horizon; assess your risk tolerance; and evaluate your financial condition and tax situation. Your resulting initial asset allocation contained various percentages of stocks, bonds, cash and alternative investments. At that time, this portfolio represented the optimal combination of the various asset classes that you and your advisor believed would generate sufficient returns to meet your objectives at an acceptable level of risk. However, individual asset classes come in and out of favor at different times in the business cycle and, accordingly, the percentages of these various asset classes in your portfolio will change over time. Therefore, to stay on track, you should periodically review and rebalance your portfolio. Rebalancing your portfolio is an integral part of risk control. While rebalancing may sound logical, it can feel uncomfortable in practice. It requires selling highperforming assets and purchasing currently unfavorable assets – in other words, using the profits from your winning assets to buy others that are likely to rebound as the business cycle evolves. In rising stock markets, investors may become overconfident and take on more risk than they originally intended. A belief popular among many investors is 7 ◆ fall 2008 issue 41280.indd Sec1:7 9/4/08 9:41:52 PM knowledge. commitment. value. CERTIFIED PUBLIC ACCOUNTANTS AND BUSINESS CONSULTANTS that if an investment has performed well in the past, it should perform well in the future. Unfortunately, past performance is not always a good indication of future results. Many investors, however, remain heavily invested in last year’s winners and diminish or drop last year’s losing asset classes. We saw this in the late ’90s, when a large number of investors focused on large growth stocks and did not rebalance with the shifting market. Therefore, they ended up with a larger percentage of large cap growth stocks than their risk parameters warranted, due to market actions alone. Several even presumed the trend of high performance would continue for an indefinite period and bought more, adding to their already over-weighted technology positions. As the business cycle evolved, the market fell sharply in 2000, causing their equity values to plummet much more than they would have had they rebalanced. Today the same holds true with the recent strong performance of bonds and commodities and real estate before them. Many times the investors’ first indication they have taken on too much risk is when they experience the negative effects of a market downturn. Fear leads either to a rush to sell or, even worse, hold on to losing assets and hope for a rebound. When the sale is finally made, it usually results in a significantly depleted investment value. Those who increased their stock positions during the rise countered conventional thinking by buying high and selling low. Large institutional investors, like pension plans and foundations that manage billions of dollars, have gained crucial insight into the need for regular rebalancing. Most have formal policies on the frequency of rebalancing and investment committees that regularly evaluate their portfolios’ current allocations and decide whether to rebalance. This practice is equally applicable to individual investors as a means to control risk. Regular rebalancing helps to bring a disciplined approach to your investing process. The value of this discipline is demonstrated in a chart created by the Schwab Center for Financial Research, which looks at the risk and return of annually rebalanced portfolios versus portfolios that were stagnant. In most cases, a rebalanced portfolio had lower risk and similar to slightly higher returns. The chart to the right shows the results of a rebalanced portfolio with a moderate risk profile annually from 1970 through 2006. Source: The Schwab Center for Financial Research with data from Ibbotson Associates Inc. This practice is successful due to the contrarian nature of rebalancing. In rebalancing, you buy low and sell high. As the business cycle evolves, underperforming asset classes begin to outperform and vice versa. Another approach to rebalancing is from a tax-smart perspective, like using a tax-deferred account to avoid taxable gains. There also is the option of allocating any new savings to the asset class that has dropped. Another choice is to have dividend and capital gain distributions received in cash and reinvest them in under-weighted asset classes. All of these methods can assist you in regaining your target allocations without unwanted fees and/or taxes on your investments. As far as timing, we recommend a quarterly assessment of your portfolio, thinking about reducing any asset class that has surpassed its target by more than 5 percent. There is no set formula for rebalancing. Talk to your financial advisor for assistance with your rebalancing strategy. Questions? Contact: Mike Ferman, CPA Partner RubinBrown Advisors 314.290.3211 [email protected] 8 ◆ fall 2008 issue 41280.indd Sec1:8 9/4/08 9:41:55 PM INTERNATIONAL NEWS ◆ Baker Tilly International Leadership from an International Perspective By James G. Castellano, CPA We are very proud that in just 20 years, Baker Tilly International has become the network of choice for the middle market. When one explores the world’s leading accounting networks, Baker Tilly International stands out prominently among the largest and most successful. Started 20 years ago as a collection of independent accounting firms in 20 countries around the world, today Baker Tilly International is one of the world’s 10 largest networks, with aggregate revenue of $2.5 billion and coverage in more than 100 countries. It is recognized as a global network of closely aligned, premier, independent accounting firms serving leading national and global organizations. Baker Tilly International has achieved this position of leadership by relentless pursuit of a number of strategic initiatives. • First and foremost, the unwavering commitment of its independent firms to provide services that meet the highest professional standards and a rigorous quality assurance program to monitor compliance. 9 ◆ fall 2008 issue 41280.indd Sec1:9 9/4/08 9:41:55 PM • Our network has aggressively recruited some of the finest, most successful independent accounting firms around the world, now providing worldwide coverage with high-quality professionals on every continent and in all major financial centers. • Economic development in China has impacted our global economy immensely, and Baker Tilly International continues to invest significant resources to build our capabilities to serve our clients doing business there. • Collaboration of our independent member firms, facilitated by Baker Tilly International, enables our members to bring the specialized talent of the entire network together to meet the needs of our clients. • Investment in world-class methodologies, training programs, technical practice aids and leadership development programs for our partners and staff have helped propel our network to leadership status. • Our exchange program, whereby professionals experience the opportunity to work and live in another country for extended periods, enables our members to attract and retain outstanding talent, as well as expand their knowledge of global business and social customs. 5 ◆ winter 2007 issue 41280.indd Sec1:10 We are very proud that in just 20 years, Baker Tilly International has become the network of choice for the middle market. For a copy of the “Annual Review, Tax Guides or Guides to Doing Business” in many countries or access to the worldwide directory to find a firm in a region important to you, please refer to our Web site at www.bakertillyinternational.com. Of course, we also invite you to contact us directly to learn more about our “Great firms, outstanding network.” Questions? Contact: James G. Castellano, CPA Chairman, Board of Directors Baker Tilly International Ltd. 314.290.3300 [email protected] or Geoff Barnes Chief Executive Officer Baker Tilly International Ltd. 44 (0) 20.7314.6875 [email protected] 10 ◆ fall 2008 issue 9/4/08 9:41:57 PM GENERAL TOPICS Leadership in a Changing World By Kristin Parshay “There is nothing more difficult to take in hand, more perilous to conduct, or more uncertain in its success, than to take the lead in the introduction of a new order of things.” The Prince, Niccolo Machiavelli – 1532 Change is one idea that by nature instills automatic resistance within most of us. However, change is as necessary today as it was centuries ago because of the economic and cultural influences that require us to be better, faster and smarter than our competition. Those organizations that do not successfully embrace change not only find themselves in a position where healthy growth and profitability is a figment of the past, but oftentimes find themselves on a path to certain failure in the future. RubinBrown Internal Audit has partnered with many organizations to successfully transform their businesses. These changes range from re-engineering individual business processes to a complete reorganization of the people, processes and systems of the organization. These companies have set the tone to drive change into the very fabric of their organization. They have turned a negative situation into positive action that is embodied from the highest executive to the most entry-level position. As a result, we would like to share with you the five best practices used by those leaders of change. 1. Define the Vision The most meaningful changes that move an organization forward are not those that are made individually but those that are made as a team. The success of the team lies in the ability of the team’s leader to inspire every member to bring his or her best each day. A leader will not be successful in inspiring his/her team if the team is not focused on a defined vision. A defined vision becomes the center of the team’s ability to make the decisions necessary in the execution of meaningful change. 2. Establish Clear and Honest Communication It is human nature to fear the unknown, and the responsibility of the organization’s leadership is to eliminate the unknown by establishing an environment that supports clear and honest communication. Communication must be a two-way process in which ideas and concerns communicated from the bottom up are addressed with the same vigor as the expected response to the top-down communication from the organization’s leadership. 3. Set Meaningful Milestones To achieve sustained change, it must become part of the organization’s culture. Sustained change, by definition, requires continuous focus; however, employees must have meaningful milestones to work toward; otherwise they will lose sight of the end goal. Make the achievements visual by continually posting the metrics to show the continuous improvements. 4. Align Incentives One of the most successful tools to inspire your team into action is to give an employee a meaningful stake through defined incentives in the successful execution of established milestones. 5. Provide Continuous Guidance and Support Meaningful change is not achieved without the team facing a series of barriers in its execution. A successful leader is a vital resource in assisting his/ her team in remaining focused on the goals and not on the problems by providing continuous guidance and support in identifying the solutions to break through those barriers. 11 ◆ fall 2008 issue 41280.indd Sec1:11 9/4/08 9:41:58 PM knowledge. commitment. value. CERTIFIED PUBLIC ACCOUNTANTS AND BUSINESS CONSULTANTS RubinBrown has been working with the Penn Traffic Co. as it has embarked on a turn-around venture. Penn Traffic is a billion-dollar grocery retailer and distributor. Its CFO summarizes his leadership methodology in the following comments: “In my mind, there are three key ingredients for driving change effectively. First, a leader must lead change through example by embracing the change, not defending the status quo, while also allowing their team to experience learning from failure as well as success. Second, it is absolutely critical to have complete honesty and integrity in your communication of change. That does not mean you make promises you cannot keep, but rather make sure people clearly understand why change is needed, what the expected benefit will be and how long it might take. Third, a leader of change must be willing to challenge and manage resistance to change. If you head into change thinking people will simply change because of your title or authority, you are sadly mistaken. Head into change knowing there will be pockets of resistance, and it is your job as a leader to knock down those barriers in the most efficient manner possible - some easy, some difficult. At the end of the day, change should drive improvement. If that is not a pillar for driving the change you are contemplating, it is probably not worth the effort or resources.” The tone of an organization starts with its leadership. Those leaders who embrace the idea that change is not an option but an opportunity drive focused organizations that make the most of those opportunities and, as a result, ensure success in the future. RubinBrown Internal Audit’s business process transformation methodology assists dynamic organizational leaders in their efforts to successfully lead their teams to achieve strategic objectives of the organization. Questions? Contact: Steve Newstead, CPA, FLMI Partner-in-Charge Internal Audit Services Group 314.290.3325 [email protected] or Cathy Behnen, CPA, CIA Partner Internal Audit Services Group 314.290.3204 [email protected] Tod Nestor Senior Vice President and Chief Financial Officer The Penn Traffic Co. 12 ◆ fall 2008 issue 41280.indd Sec1:12 9/4/08 9:41:59 PM GENERAL TOPICS Leading Through Change – Lessons from the Front Lines By Dan Raskas For leaders in any organization, it often is difficult to accurately forecast the future. We spend a significant amount of time building strategies based upon assumptions, market intelligence, forecasts and historical data, all with the hope that our prediction will at least be close to what actually occurs. There is one thing, however, of which we can be sure, and that is change. Planned or unplanned, change can teach valuable lessons that help leaders to not only manage, but take advantage of the opportunities they present. Some specific examples include taking over the leadership of an organization after the departure of existing leadership, selling a major division of a company, leading a new entity, acquiring and integrating companies into an organization, growing a company in a down market, or shifting an organization’s focus through personnel changes and acquisitions. No matter what the circumstance, each change can teach lessons along the way that help not only in successfully managing the change, but also serving as a catalyst to dramatically improve the organization. While there are many leadership skills that are required to lead an organization and lead significant change, there are three that have proven beneficial in succeeding in a range of unique situations. that are occurring will have minimal, if any, impact. While it is important to establish a sense of stability and order, too much control and dominance can suppress the potential opportunity for improvement. For example, one company recognized that the only way to truly grow one of its divisions was to sell the group to a buyer who viewed it as strategic and was willing to invest in the business. Company leaders could have simply made the decision, obtained approval from the board, and made it happen. Instead, they carefully orchestrated the process to involve key people within the group at various points so that they felt involved in the process as a whole. While the board needed to approve the concept up front, these key people were able to dictate much of the transaction, like attributes of the buyer and execution of the transaction. Toward the end of the process, everyone in the group was completely energized. People on staff even created a logo that represented the quest for the new company and distributed shirts to all employees. Productivity and sales significantly increased during the time they were looking for a buyer. As a leader, setting the vision and reaching out to people in the organization to make them part of the solution results in the maximum benefit. The negative impact of the changes in every scenario gets minimized, shifting the focus from the change to the opportunity to make a difference and be part of the new future. By employing this skill, leaders will find they have a group of highly motivated individuals who play a large part in executing the solution because they had ownership in the plan to get there. Lesson 2 – Communicate Lesson 1 – Lead, don’t do One of the most critical aspects of managing significant change is a leader’s ability to effectively communicate to the various stakeholders. These stakeholders include not only people within the organization, but also people outside the organization, such as customers, suppliers and investors. The communications must be timely and contain relevant information; avoid communicating for the sake of communicating. Many leaders have a tendency to try to take over when significant change occurs. They feel a need to demonstrate that they are “in total control” of the situation, hoping to portray the image that the changes Communications should take many forms, the most effective of which is face-to-face interaction with people. Direct contact is the best way to share information and, more importantly, listen to what people have to say. 13 ◆ fall 2008 issue 41280.indd Sec1:13 9/4/08 9:42:03 PM knowledge. commitment. value. CERTIFIED PUBLIC ACCOUNTANTS AND BUSINESS CONSULTANTS One executive recalls a time when he was chosen to take over a division that had suddenly lost its leader. His first priority was to meet with people, talk with them and listen to their concerns and ideas on where they could take the business. This led the staff to rally behind its new leader, taking the business from a non-profitable unit to the fastest-growing, most profitable unit in the entire company in just one year. Lesson 3 – Be human A leader during dramatic change often is expected to have all the answers. Most of the time there are not answers to everything, so there is no need to pretend to have them. It is important, however, to portray confidence when admitting to not having all of the answers. A leader must send the message that they will provide solutions that will result in a better situation, which would not have been possible had the change never occurred. This attitude will counter any perceptions of loftiness and shows the team a willingness to work with them. A leader’s position will grow even stronger based on the renewed trust and respect from the team. In one situation, an executive was leading a company with 350 professional staff and acquiring a company that would add an additional 125 members, including several senior leaders. Many questions were raised, both within the company and within the group being acquired. Naturally, the leader proactively communicated the answers that he did have, but there were some questions he could not answer. It would have been easy for him to avoid the questions or mislead people by telling them what he thought they wanted to hear. Instead, he chose to be very candid and let them know that there were still some unanswered questions. He quickly followed that up by disclosing to them the process company leadership was going through to get the answers and the timeframes 14 ◆ fall 2008 issue 41280.indd Sec1:14 9/4/08 9:42:04 PM GENERAL TOPICS Lessons from the Front Lines (cont.) they were following. He also shared with them who was leading the team to make the determinations and provided them an avenue to submit any input they had that could help the process. The team knew that they could ask anything and would get a candid answer. They also respected the fact that if he did not have an answer, he would admit it and take the time to explain how they would get there. The leading executive gained respect by thanking employees for pointing out things that may have been overlooked and quickly addressing those things. By listening to his staff, the leader showed them that people at every level had the opportunity to be part of the process. Change is one of the most difficult events that a leader will face in any organization. It also is one that can be counted on to occur whether unexpected or planned. An organization that can effectively manage change and capitalize on it will be in a tremendous position to perform in any market. There is no magic formula for successfully leading an organization through change, as there are many moving parts, personnel concerns and unique circumstances that come with any situation. The three lessons described above can help provide some guidance on how to take a step back and strategize the most successful approach to your particular situation. Questions? Contact: Dan Raskas Partner Corporate Finance and Forensic Services Group 314.678.3530 [email protected] 15 ◆ fall 2008 issue 41280.indd Sec1:15 9/4/08 9:42:06 PM You’ve gained the knowledge. Do you have the commitment? Commitment. It’s a special value here at RubinBrown. It describes the professional pride in the work we do. It also defines the personal care we take in the relationships we build – with our clients, with our partners and, of course, with one another. For the career minded individual looking to grow and advance in the accounting profession, it means an unparalleled opportunity to work alongside a team of leading experts. To grow your knowledge by drawing upon the global resources of Baker Tilly International. And ultimately to realize the rewards that come from a firm-wide commitment to being the very best. We invite you to explore the RubinBrown difference. www.RubinBrown.com Certified Public Accountants and Business Consultants Knowledge. Commitment. Value. Assurance | Internal Audit | Litigation Support | Qualified Plan Audit | SEC Advisory | Small Business State and Local Tax | Tax and Compliance | Valuations | Wealth Management 16 ◆ fall 2008 issue 41280.indd Sec1:16 9/4/08 9:42:35 PM GENERAL TOPICS RubinBrown Develops Future LEADers By Jeff Sparks, CPA ...LEAD participants have gained a tremendous perspective on their personal abilities and the firm as a whole... Leadership skills are a valuable attribute of a team member in any organization. From working with other team members, to clients, to professionals in the community at large, strong leadership skills are invaluable to being successful at RubinBrown. For this reason, the RubinBrown|LEAD (Leadership, Education and Development) program was created several years ago to help further develop and retain high performers in the firm. Team members are selected for this program after a rigorous application process based on work experience, involvement in the firm, community activities and professional achievements. In short, each applicant has to have demonstrated the potential to be a future leader of RubinBrown. Through the application and interview process, the Governing Board, made up of three partners, recommends participants on an annual basis, with the program lasting for a two-year period. Monthly meetings, quarterly events and activities, and a required reading list are all key elements to the program. While the program is partially self-directed by the participants, 17 ◆ fall 2008 issue 41280.indd Sec1:17 9/4/08 9:42:41 PM knowledge. commitment. value. CERTIFIED PUBLIC ACCOUNTANTS AND BUSINESS CONSULTANTS an advisory board of past participants helps guide the group. Recently, the group selected and focused on the following topics: • Performance management, feedback and motivation • Engagement management and team building • Work/life balance • Negotiation skills and proposals For each of these topics, the LEAD program participants have selected partners and managers in the firm to be in the “hot seat” and answer personal and professional questions on the subject matter. Questions have ranged from the roles mentors have played in their development to techniques used to pull their work team back together, to the most difficult feedback they have given and how they delivered it. While the “hot seat” participant is put on the spot with some personal questions, the group finds it beneficial to hear the challenges the participant has overcome and the best practices that have helped him or her achieve success. Required reading has included books such as “Classic Drucker” by Peter F. Drucker and “The Power of Feedback” by Joseph R. Folkman and John H. Zenger. A lively group discussion on how elements from the books can be integrated into our personal and professional lives always follows. Claire Keeling, with Sort It Out Organization Consultants, recently gave a presentation on work-life balance, providing information and education focused on integrating work and personal life, including prioritizing, time management, action systems and calendar management, followed by a Q&A session. Chris Jehle, founder and director of Kansas City’s Hope Center, an organization focused on developing urban youth into leaders, spoke on his experiences of building the organization, the leadership lessons incurred, and the leadership qualities they are working to instill within the urban youth. One of the highlights of this year’s program was the opportunity for the group to travel to our Kansas City office for a two-day retreat focused on engagement management and team building. The group heard from Todd Pleimann, Kansas City office managing partner, on the expansion of RubinBrown into the Kansas City market, challenges associated with the expansion, and the many opportunities to come as the firm continues to expand regionally. Jim Castellano, chairman, John Herber, managing partner, and Fred Kostecki, partnerin-charge of the Assurance Services Group, shared with the group how they have grown as firm leaders and the key metrics associated with firm growth and profitability in today’s market. Participants found the information that was shared to be invaluable in understanding the key role that each team member plays in the overall firm mission and grasping where the firm is heading. Outside of the formal sessions, this retreat gave the group time to bond with each other, tour the Kansas City office and experience some of the great KC barbecue and nightlife we had all heard about. Participants always agree that while the speakers and books provide excellent perspective and information on the topics, the real value in the program is achieved by the interactions with others involved in the program. This interaction ranges from the questions asked and discussions with presenters, informal conversation after the meetings on various topics, to overall relationships formed in the group. Through taking the time to personally assess one’s strengths and weaknesses and then draw from what has been learned in the LEAD program, participants are provided with excellent insight on ways to enhance their personal leadership abilities. Friendships that are developed further enhance this benefit and help to bridge gaps between service lines and industry groups, allowing participants to ultimately serve clients with a one-firm approach. It is safe to say that the current LEAD participants have gained a tremendous perspective on their personal abilities and the firm as a whole, which will no doubt serve as a great tool to becoming a future leader in the firm and community. Questions? Contact: Fred Kostecki, CPA Partner-in-Charge Assurance Services Group 314.290.3398 [email protected] 18 ◆ fall 2008 issue 41280.indd Sec1:18 9/4/08 9:42:46 PM GUEST FEATURE Ken Harrington, Center for Entrepreneurial Studies Washington University in St. Louis Modifying Your Leadership Approach to Effect Change What do you do if you are a leader who wants to inspire more innovation and entrepreneurial growth? Let’s start with a standard definition of leadership – “the ability to guide, direct or influence people; the techniques and expertise of efficient organization, planning, direction and control of the operations of a business.” So, a leader has the authority to allocate resources, set policy, decide strategy, direct others and set the tone for an organization or group. My first reaction when reading this definition was that there is something missing – the ability to allow entrepreneurial innovators to take action without disrupting the core activities of an enterprise. In some way, leaders need to incite valuable change without losing control. In other words, leaders need to spend more time, energy and resources stimulating change instead of protecting what an organization already has. Strategic plans focus on barriers to entry, protecting customers, optimizing processes, increasing shareholder value (financial return percentage and consistency), deciding upon core competencies and reviewing SWOT analyses (strengths, weaknesses, opportunities, threats). Increasingly sophisticated analytical tools, including enterprise information systems, benchmarking, 19 ◆ fall 2008 issue 41280.indd Sec1:19 9/4/08 9:42:48 PM knowledge. commitment. value. CERTIFIED PUBLIC ACCOUNTANTS AND BUSINESS CONSULTANTS best practices and other techniques, can consume a leader. Better information and analytical tools yield better returns and higher productivity. With all of these new tools and information, the hypothesis would be that we are creating better leaders because they are making fewer mistakes. Leaders are right more often, especially about big decisions. If these points are correct, then wouldn’t organizations and their leaders be more sustainable? Shouldn’t they survive longer? Average Age of S&P 500 New Entrants 40 35 30 25 20 15 10 5 I did some research on this point for a book titled “Revitalizing the American Dream,” which Bob Skandalaris authored and I supported, and found that public corporations are dying more quickly. In a 10-year period of dynamic prosperity (1990s), more than 50 percent of the S&P 500, our most revered organizations, ceased to be a part of the list. This drop-off was an increase from 24 percent in the ’60s and ’70s. How could this be happening if we have better leaders making better decisions? What is missing? Number of Exits from S&P 500 300 250 200 150 100 50 0 1960s 1970s 1980s 1990s Source: S&P 500 History Next, I looked at how long it took a company to be accepted as a new S&P 500 entrant. I checked the number of years from the time a company first publicly offered stock (initial public offering date) until they pushed another company out of the S&P 500. The average age of new entrants has steadily declined from 36 years in the early ’60s to 12 years in the first three years of the 21st century. 0 60-64 65-69 70-74 75-79 80-84 85-89 90-94 95-99 00-03 Source: S&P 500 History This decline means that the measure of success has changed and leaders need to react. It is clear to me that leaders need to spend more energy creating the new rather than optimizing the old. It is time for leaders to more explicitly and consciously add “entrepreneurial catalyst” to their leadership toolkit. I believe leaders need to focus more resources and attention on “what isn’t” rather than “what is.” Many leaders seem to be searching for an answer to this issue. Let me explain one approach that might help leaders deal with this point. First let’s assume that a current leadership approach focuses too much attention and resources on preventing mistakes. This statement may seem ludicrous, but to be effective in a world of rapid change, mistakes are a necessity. These mistakes can be the least costly way to get insights and information when there is a high degree of uncertainty. This is often the case if an idea or business area is new and disruptive; these are opportunities that, by their very nature, have high levels of uncertainty (notice I have consciously not chosen the word “risk”). Trying new things and being flexible, intuitive and responsive can be a good approach to getting information; action can be better than planning. But how do leaders take the time to analyze these often numerous new, highly uncertain (low on information) situations? They can’t take the time to pursue all these opportunities themselves, and the organization will be strategically late if the market finds the answer first. 20 ◆ fall 2008 issue 41280.indd Sec1:20 9/4/08 9:42:53 PM GUEST FEATURE Ken Harrington, Center for Entrepreneurial Studies Washington University in St. Louis (cont.) Leaders and organizations that try to “always be right” in these situations are particularly handicapped. It is their nature, and their people expect this style. Net Present Value, Return on Investment, scenario assumptions, discount rates and cost accounting allocations provide good answers. How do they change their approach? d. Being focused on picking only winners I would suggest that leaders use delegation to allow virtual teams to form. These teams can then employ self-directed collaboration and dynamic actions without the leader’s involvement. To make these teams effective, the leader needs to provide small amounts of innovation resources that can be autonomously used to experiment and pursue their ideas. In other words, catalyze people to be more entrepreneurial. Ideas, innovations and individuals stagnate and smolder when waiting their turn in the approval, meeting, scheduling queue. Leaders will benefit by letting them pursue their ideas. g. A history of being slow to decide and, even worse, being slow to stop when a decision proves wrong But how does a leader allow this change without inviting entrepreneurial anarchy? How does a leader allow mistakes and still achieve the results that are required in the current enterprise? It actually can be quite simple. It also is less costly, lower risk and more fun than one might think. It is about lubricating the relationships between your people so that they collaborate more frequently and effectively. To make this type of change, leadership action needs to be taken at two levels. Here are my thoughts and ideas. Outcomes may come more quickly than you think. I. CEO or Senior Executive Leadership Actions 1) Retain the organization’s current structure, resource allocations, controls and decision-making approaches. To repeat the old cliché, don’t throw the baby out with the bathwater. 2) Check to see if there is hidden innovation energy in the organization’s people. Some signs are: a. Frustrated people b. Functional groups or business units that are in silos and compete internally c. Leaders trying to make only “big bets” e. Team meetings in which people argue about being right versus trying to understand the other team members f. Betting more on logic than passionate, committed people h. Pleas for big resource commitments to spur innovation 3) If point No. 2 is true, then formally appoint, fund and announce an innovation director who reports directly to the CEO or top executive. Select someone who is collaborative, fair and willing to direct credit to others when innovations happen (see “The New Principles of Swarm Business,” MIT Sloan Management Review, Spring 2007, Gloor & Cooper, for some principals). 4) Be patient. Be content with 1 percent participation and involvement at the beginning. Most people will need to see how others do and how they are treated before they will participate. II. Information Director Leadership Actions 1) Create low-cost and high-energy events and activities that reduce the separation between scientists, functional groups and business units. These events should cause people to meet, collaborate, exchange ideas and form teams. (See “Managing Creativity in Small Worlds,” California Management Review, Summer 2006, Fleming & Marx, for some ideas.) 2) Focus on creating an environment that tries new things. 3) DO NOT try to pick idea winners. Let the free market (collaborators, customers, secondary funders) decide who survives. Individual persistence may be more important than initial idea quality. 21 ◆ fall 2008 issue 41280.indd Sec1:21 9/4/08 9:42:54 PM knowledge. commitment. value. CERTIFIED PUBLIC ACCOUNTANTS AND BUSINESS CONSULTANTS 4) Identify entrepreneurial idea champions and then mentor and coach them. However, do not take responsibility for their results. Guard against the charismatic lone wolf who wants to work by himself/herself (this attitude may sometimes be OK for an inventor but is not good for go-to-market implementation). 5) Identify policies, incentives and other factors that restrict collaboration, openness and entrepreneurial action. Discuss these issues with the CEO. 6) Consider creating separate, innovation directorcontrolled policies and incentives, including new wealth-sharing concepts. 7) Treat people as if they are entrepreneurs. a. Expect champions to work nights and weekends to pursue their idea. Ensure the incentives make this worthwhile. b. Invest in people, not businesses; make employees better business people and innovators. Build entrepreneurial knowledge capacity. To summarize, leaders who wish to become an “entrepreneurial catalyst” need not disrupt current decision-making approaches and control systems. They should not make large changes to current structures, financial objectives or resource allocations. They can invite participation from people by using innovation directors to support innovation activities that do not require senior management review. Innovation director activities will create innovation momentum that currently is hidden in an organization’s people, leading to gradual but lasting cultural changes that become part of a leader’s organization and its people. People will gradually learn to collaborate and eventually help change the structure of control systems and policies that are the basis of current leadership methods. The ideas and people that blossom will deliver high returns, provided leadership fairly rewards and recognizes collaborative contributions. Kenneth A. Harrington Managing Director, The Skandalaris Center for Entrepreneurial Studies and Senior Lecturer in Entrepreneurship Ken Harrington is managing director of the Skandalaris Center for Entrepreneurial Studies at Washington University in Saint Louis and a senior lecturer in entrepreneurship. He serves on numerous not-for-profit and early stage company advisory boards. He directs a fully encompassing, cross-campus entrepreneurship effort impacting all schools and academic disciplines. Under Harrington's leadership, Washington University's entrepreneurship programs have received broad recognition, one of the most notable being selection as one of the first Marion Ewing Kauffman Foundation's Campuses Initiative schools. Harrington holds a master’s degree in business administration from the University of Pennsylvania Wharton School and a bachelor’s degree in science from the University of Vermont. Prior to joining Washington University, he spent nearly 30 years in the technology industry, working for Booz, Allen and Hamilton in New York, focusing on technology strategy consulting for such clients as AT&T, United Technologies, Stanford University and numerous other technology hardware and software companies. Harrington and Robert Skandalaris collaborated on their recently published book, “Rebuilding the American Dream, Restoring American Jobs and Competitiveness through Innovation and Entrepreneurship.” 22 ◆ fall 2008 issue 41280.indd Sec1:22 9/4/08 9:42:54 PM GUEST ARTICLE Dan Buck, St. Patrick Center Once a prominent St. Louis television anchor and radio host, Dan Buck made the choice five years ago to leave his high-visibility career and lead one of the city’s largest charitable institutions. As the chief executive officer of St. Patrick Center, Buck heads up the largest provider of homeless services in the state of Missouri. In an indepth conversation with Buck, the HORIZONS editorial staff discussed the numerous examples of leadership he displays and witnesses in the St. Louis community every day. What changes have you observed recently in corporate giving? The entire landscape of corporate giving has changed in recent years. At one time, company philanthropy was mainly focused on an executive’s pet project, with little input from the company’s employees. Now, more and more executive leaders are sensitive to community needs and the philanthropic desires of their employees. These employees have more sayso than ever in the company’s choice for community contributions. I commend corporations for gaining this type of insight. Also, they like to see their employees get involved in hands-on volunteer opportunities, and we truly appreciate that encouragement and commitment as well. St. Patrick Center: Leading the Fight Against Homelessness in St. Louis What are the center’s main goals for 2008, and how are you progressing toward those goals? 2008 has been our most challenging year since I began, with $10 million in new capital projects in the works. Thanks to grant funding that partners public and private resources, these projects will be free of any capital debt moving forward. The first major project is Rosati House, a new 26-unit living facility for the chronically homeless. These residents are those who’ve been on the streets for years and are often fighting substance abuse, as well as mental illness. We expect this permanent, supportive housing project to be completed in October of this year. The second major new initiative is happening within our Partnership Center. The fourth and fifth floors have been dedicated to a new trades center and small business incubator. The center will offer training for a variety of trades, like carpentry, heating and air-conditioning, plumbing, hospitality training and other high-growth employment areas. Our goal is to see this project finished in September. 23 ◆ fall 2008 issue 41280.indd Sec1:23 9/4/08 9:42:54 PM knowledge. commitment. value. CERTIFIED PUBLIC ACCOUNTANTS AND BUSINESS CONSULTANTS How is the current economic situation affecting St. Patrick Center’s operation? Is the center doing anything differently to react to the economy? A bad economy always impacts philanthropic giving. It’s a reality that all non-profits are facing. Donors have to be more conscious of the impact their money is making in the community. On our end, we focus a great deal on communicating our growth and strength. We also reinforce the message that tough times mean there are more people in need. We generally find that people step up to the plate more during a slow economy because of this recognition. Our staff operates under the principle that communication brings education, which leads to knowledge – and knowledge leads to funding. Also, as an organization, our fundraising is very strategic, based upon the economic landscape. For example, this year unrestricted foundation giving is soft, so we placed a larger focus on government spending. If this balance gets too lop-sided, it places our budget in danger. Our strength is in our diversity of funding sources. When one area suffers, we step it up in another. In recent years, we have seen a transition of leadership from the baby boomer generation to a younger class of leaders. How has this played out with St. Patrick Center and its corporate volunteers? Our Board of Trustees represents a new generation of corporate volunteers, most balancing the obligations of work, family and community contributions. What distinguishes them most, however, is the vibrant energy they possess toward our initiatives. This group has truly helped to grow the networking circle of St. Patrick Center with new contacts, innovative ideas and a can-do attitude. With them, nothing is unattainable – no goal too lofty. In addition to meeting four times a year, they have a large presence at all of our events and community outreach activities. The prevailing attitude our young leaders exude is their refusal to accept the status quo. They are constantly looking for ways to make St. Patrick Center better and more effective. 24 ◆ fall 2008 issue GUEST ARTICLE Dan Buck, St. Patrick Center (cont.) Describe some of the strong leadership examples you have seen lately from St. Patrick Center supporters in the community. The best leadership examples have come from our incredible board members. They unselfishly give of their time and resources on a regular basis. They are in their neighborhoods and workplaces, asking their friends for support and often hosting fundraisers in their homes. It’s wonderful to see this group of often wealthy, influential individuals attending our events and pitching in so tirelessly. Their resources could be going toward their families or professions, but they choose to invest them with us. Since taking on your role as CEO, what major changes have you implemented within the organization? Any great leader is aware of his/her succession plan. The CEO before me had operations down to a science but realized that a new visionary was needed. When I took the helm, the center didn’t need a new captain, just someone to put a bright light on the ship. Coming from a long background in television and radio communication, I was well-equipped to make strides in gaining recognition on the center’s efforts and successes. We established a communications center that produces media updates, webcasts and performance videos for our funders. The communications team also enables us to give better visual presentations at events and meetings. Thanks to these efforts, we have seen an increase in 25 ◆ fall 2008 issue community awareness and contributions. We are now a center with the capacity to track visual outcomes and provide meaningful results for our donors. We are constantly putting out the message of our economic impact on downtown St. Louis. Through our employment rehabilitation services, we are moving people from tax burdens to tax payers. We create economic stimulus through job training and housing placements and by reducing crime, while ending homelessness for hundreds each year in our community. What are some of the center’s largest fundraising initiatives in terms of participation and success? The Irish Open golf tournament raises more than $330,000 each year and receives a lot of participation and support from our corporate community. Our Sports Trivia Championship, presented by Budweiser, is entering its sixth year, draws more than 1,200 contestants and is televised in four prime-time episodes on Fox Sports Midwest. We also do our Pot of Gold Drive each year during St. Patrick’s Day weekend and have seen a lot of positive feedback from the 400 volunteers who make that event happen. One of our corporate sponsors, Wells Fargo, puts on an independent third-party golf tournament each year, which generates more than $200,000. Most recently, we saw great success in the first year of the Key Player Initiative. There are tremendous growth opportunities with all of these events, as well as several smaller events that we have throughout the year. knowledge. commitment. value. CERTIFIED PUBLIC ACCOUNTANTS AND BUSINESS CONSULTANTS Outside of these events, we receive a lot of general donations from individuals and families. We are continually surprised by the level of generosity that exists in the St. Louis community. How does the Key Player Initiative cultivate leadership in the city’s youth? Kids are amazing. They don’t complicate things with doubt and pessimism. They are naturally hopeful and optimistic. When they see something as unacceptable as homelessness in the wealthiest nation in the world, they just set out to end it, no questions asked. The Key Player Initiative was started to show the community, through the eyes of our youth, that we can end homelessness. This year, the Archdiocese of St. Louis Catholic Schools alone raised $203,000, effectively reinforcing our point. One school set out to collect 1 million pennies over the course of two years to raise money for the center. Within seven months, they had collected 900,000 pennies, putting them on track to meet their goal well before even the first year. Starting this initiative in schools was the best decision we could have made. Our goal is to make this a $1 million campaign to fund affordable housing-assist programs by the year 2012. Once the corporations, organizations and individuals in our community see what these kids were able to do as a collective, single voice, I think they will respond with incredible matching gifts to let those kids know that they’re right – “In America, Homelessness is Unacceptable!” St. Patrick Center relies heavily on volunteer support, but you also have a dedicated staff of employees. What efforts do you have in place to ensure a positive work environment? We rely on our employees to operate the center’s three major areas: housing, mental health and employment. In a business that can often be disheartening, we do a lot to let them know how much we appreciate the hard work they put in. As a fairly large organization, we encourage people to come out of their offices by taking turns hosting department coffee hours. We invest in our staff by paying for conferences and seminars, as well as hosting in-house training sessions. Our new building project includes a work-out and wellness center for our staff to use, and we have initiated an office fitness challenge to encourage healthy living. We also offer incentives and recognition for good work, like our “You Made My Day” cards. Our staff members build relationships with the clients we serve, so it is always tough to see a loss. Each year, we hold a service to recognize those who have passed. All of these efforts contribute to great employee morale and commitment. We see 40 to 60 employees volunteering at every event we host because they believe in the mission they work for and in the clients they serve. What is your and your executive staff’s vision for the future of St. Patrick Center and its role in the St. Louis community? I was once asked, “If St. Patrick Center succeeds at ending homelessness in St. Louis, would it run itself out of business?” The question is not as outlandish as it seems. With 550 chronically homeless, St. Louis is poised more effectively than almost any city in the country to end the problem, for three reasons. One, its numbers are manageable. Two, the city has high philanthropic participation. And three, the city’s infrastructure of charitable organizations is solid. Should we witness an end to homelessness in this city, I would love to see St. Patrick Center serve as a nationally recognized education and empowerment center for job creation, training and business. We’re aiming to focus on housing, so there will come a time when anyone in need can be placed in a safe, clean space almost immediately upon becoming homeless. We plan to build strong partnerships with area developers to create more units of affordable housing for our community’s most vulnerable neighbors. Finally, I want our programs and the services of our Partnership Center to be so comprehensive and effective that anyone can walk up to a homeless person and say with confidence, “We’ve got a place for you.” 26 ◆ fall 2008 issue 41280.indd Sec1:26 9/4/08 9:43:00 PM CLIENT SPOTLIGHT The Sound Room Young, founder and owner of The Sound Room, has been providing St. Louisans with entertainment and sound systems since 1983. “I used to stock turntables and speakers,” observes Young. “Today it’s flat panel HDTVs and surround sound, lighting and home theatre systems, video projectors, concealing screens and ‘Smart Home’ control systems.” Young believes he has one of the best jobs in the world. “I get to give people part of their day back,” he states. “People can enter their homes and, with the touch of a screen, turn on all their lights, adjust the room temperature and select a home movie, sports venue or surround sound music environment. We’re able to give our customers more time with their families and loved ones. That’s worth everything. “It’s all about making things easy for our customers,” says Young. “Our designers and technicians take care of the technology. The last thing people want is to have to struggle with multiple remotes and malfunctioning equipment. Our systems are easy to use, fully integrated and interactive. We call it the babysitter standard. If the babysitter can’t operate the system, then something is wrong.” Leadership in Home Entertainment and Technology What started as a passion for music and highfidelity systems for teenager David Young has evolved into a successful business creating state-of-the-art home entertainment and technology systems for many of the St. Louis area’s finest homes and condominium developments. Over the years, Young has learned that approximately 10 percent of his customers are highly tech-savvy, while the other 90 percent just want the pleasure of the home entertainment system, but they don’t necessarily want to deal with the technical aspects. So, The Sound Room strives to make the technology do all the work. “We like to empower our customers,” says Young. “Entertainment shouldn’t be work. It’s supposed to be fun.” Young started living his passion for sound during his college years as a media major at Webster University, while working part-time for a company that sold sound equipment. “I wanted to take it to the next level and, in 1983, was able to open my first store at Ballas and Olive with the help of a few key customers.” Now, 25 years later, Young heads one of the area’s largest home entertainment companies, with expansive showrooms in Chesterfield and Creve Coeur and a new 7,000-square-foot operations center in Chesterfield Valley. “With centralized warehousing and plenty of room, our technicians are able to build and test our systems, minimizing time spent in homes installing systems,” adds 27 ◆ fall 2008 issue 41280.indd Sec1:27 9/4/08 9:43:01 PM knowledge. commitment. value. CERTIFIED PUBLIC ACCOUNTANTS AND BUSINESS CONSULTANTS Young. “We want our equipment totally programmed and 100 percent install-ready when we go to the home.” Young believes his 46-person team is at the heart of his success. “We have 26 technicians and programmers, 100 percent of whom are certified by the Custom Electronic Design & Installation Association as ESTs, Electronic Service Technicians. These are the people who design, build, install and service our equipment. They go through a 52-week rigorous training and certification that challenges them to keep their skills honed. They don’t leave anything to chance.” Implementing new technologies and constant training is an integral part of The Sound Room’s successful business model. Young and his colleagues travel to several shows and conventions during the year sponsored by the Technology Committee of Home Theatre Specialists of America, a 60-member organization of the top independent specialty retailers in the country. He also can be found at the Consumer Electronics show, where the latest in home entertainment technology is unveiled each January. HTSA also represents a half-billion dollars in buying power, so The Sound Room and other members can compete against national retailers. “The 60 HTSA members are the dominant retailers in home theatre and technology in their respective cities. Working together, we’re able to negotiate the same deals as the Big Box retailers,” observes Young. “Also through HTSA, we’re able to lead the way on new product launches. If the technology is out there, you can find it at one of our stores. Just recently, we added McIntosh Labs products, the premiere audio-video component line.” Young also utilizes the strong HTSA network of dealers to service customers in remote locations. The Sound Room will handle installations within a 250-square-mile area. “If we have a customer who has a second home or remote installation, we can be confident in calling on one of our HTSA colleagues. They have our same high standards and carry the same caliber equipment as we do. Likewise, we handle any St. Louis area installations for them.” 28 ◆ fall 2008 issue 41280.indd Sec1:28 9/4/08 9:43:03 PM CLIENT SPOTLIGHT The Sound Room (cont.) The Sound Room has grown up along with the home entertainment industry, opening its second location in Chesterfield in 1986, expanding to its current location at 1661 Clarkson in 1991, and unveiling an expanded showroom at 11641 Olive Blvd. in Creve Coeur in 2000. “The move from analog to digital systems and the CD player transformed everything. Then we had high-fidelity VCRs and sound systems in TVs. In the past two to three years, we’ve seen the explosion in home automation and control systems, whereby our systems control everything from lighting and HVAC to entertainment and security. It was the birth of the networked/connected home. Now everyone is moving to high-definition.” Today, video surveillance and remote access, wholehouse integration and energy-saving systems are driving the market. The Sound Room’s customers can monitor properties remotely from a laptop and/or send instructions to the home. “In the past, these systems were just for rich people,” says Young. “Wireless technology and economies of scale have made these systems much more affordable. A whole new market of home owners has opened up for us.” With the buying power of the national retailers and the emphasis on service and installation, The Sound Room is able to attract today’s middle-class home owner as well as the high-end user. “We want to give the customer the best system for his or her needs,” says Young. “Today we see younger buyers, families as well as empty nesters. It’s all over the board.” The Sound Room goes the extra mile in delivering customized turn-key systems. In addition to designing, installing and servicing the equipment, it also offers an easy-to-use software integration package that allows customers to upload their personal DVD or music library, which can be easily accessed through a touch screen. The program even rearranges viewer menus and offers selection suggestions based on the last entertainment option selected. “If the family is in the home theatre and just finished watching ‘Aladdin,’ then similar preferences will be next on the menu,” says Young. “If the teens are into action movies, then the menu options will reflect that. Again, it’s all about making it interactive and user-friendly.” 29 ◆ fall 2008 issue 41280.indd Sec1:29 9/4/08 9:43:07 PM knowledge. commitment. value. CERTIFIED PUBLIC ACCOUNTANTS AND BUSINESS CONSULTANTS Because of its successful track record and hard-earned reputation for quality, The Sound Room was selected to provide home entertainment systems for the Crescent, Maryland Walk, the Plaza in Clayton and, most recently, Clayton on the Park. It also has designed installations for major commercial building projects, including schools, museums and corporate board rooms. Kenneth Rubin, CPA and partner at RubinBrown, has known Young since they were classmates at Ladue High School. “David has developed a really nice niche in the home entertainment market,” said Rubin. “Over the years, I’ve seen him fight off the competition and the Big Box retailers with millions in advertising behind them. He’s succeeded because of his focus on quality and service. Customers appreciate the expertise and attention The Sound Room employees provide. Unlike other retailers, The Sound Room stays with the customers after the sale. David and his team want you to be a customer for life.” Similarly, RubinBrown has been providing The Sound Room with accounting and business consulting services since its inception. “I don’t like to make a major business decision without talking to RubinBrown,” says Young. “They’ve been my trusted business advisors for 25 years. Ken has been by my side in every major business move.” Young is invigorated by the constant infusion of new technologies and approaches to the home entertainment industry. He sees The Sound Room continuing to grow with additional locations and services and, of course, new technologies. “When I started this business in 1983, I had no idea that we’d be able to offer systems that do all they do. Who knows what magical media may be down the road?” When asked if he likes what he does, Young replied, “You must be kidding. I have the most fun job of anyone in the world. I’m surrounded by the latest gadgets and toys and quality entertainment and sound systems. I’d want to do this even if I wasn’t getting paid.” RubinBrown has been providing The Sound Room with accounting and business consulting services since its inception. “I don’t like to make a major business decision without talking to RubinBrown,” says Young. “They’ve been my trusted business advisors for 25 years. Ken has been by my side in every major business move.” 30 ◆ fall 2008 issue 41280.indd Sec1:30 9/4/08 9:43:12 PM INDUSTRY ◆ CONTRACTORS Tax Savings on Equipment Purchases By Frank Hogg, CPA The Economic Stimulus Act of 2008 provides several incentives for contractors to purchase new equipment during 2008. These incentives include: Boosted Section 179 Expensing. Under pre-act law, taxpayers can generally expense (i.e. deduct currently, as opposed to taking depreciation deductions over a period of years) up to $128,000 for 2008. This annual expensing limit is reduced (but not below zero) by the amount by which the cost of qualifying property placed in service during 2008 exceeds $510,000. The amount of the expensing deduction is limited to the amount of taxable income from any of the taxpayer’s active trades or businesses. Under the act, for tax years beginning in 2008, the $128,000 expensing limit is increased to $250,000, and the overall investment limit is increased from $510,000 to $800,000. As a result of this incentive, most small businesses, and even some moderate-sized businesses with moderate capital equipment needs, will be able to obtain a full deduction for the cost of business machinery and equipment purchased in 2008, thereby reducing the effective cost of those assets. Further, there is no alternative minimum tax adjustment with respect to property expensed under Section 179. Bonus Depreciation Makes a Comeback. Bonus firstyear depreciation was first allowed following the terrorist attacks of 2001 but generally is not available for property acquired after 2004. The act provides for bonus (accelerated) depreciation by allowing a bonus first-year depreciation deduction of 50 percent of the adjusted basis of qualified property placed in service after Dec. 31, 2007, and, generally, before Jan. 1, 2009. The basis of the property and the depreciation allowances in the year the property is placed in service and later years are appropriately adjusted to reflect the additional first-year depreciation deduction. The amount of the additional first-year depreciation deduction is not affected by a short taxable year. The taxpayer may elect out of additional first-year depreciation for any class of property for any taxable year. Bonus depreciation is allowed for AMT purposes as well as for regular tax purposes. Additionally, bonus depreciation is permitted only for: (1) tangible property that has a recovery period of 20 years or less, (2) water utility property, (3) non-custom-made computer software, and (4) qualified leasehold improvement property. Original use of the property must begin by the taxpayer after Dec. 31, 2007. 31 ◆ fall 2008 issue 41280.indd Sec1:31 9/4/08 9:43:16 PM knowledge. commitment. value. CERTIFIED PUBLIC ACCOUNTANTS AND BUSINESS CONSULTANTS Be Vigilant for Fraud By Frank Hogg, CPA Contractors are vulnerable to fraud by the very nature of their operations, which usually involve numerous job sites and employees. In addition, fraud often becomes more prevalent during tougher economic conditions. The following are various fraud schemes that are common to contractors and possible controls that can be implemented to prevent or detect the fraud. Cash Disbursements – This type of fraud involves schemes in which the embezzler uses company checks to either withdraw cash directly for his or her benefit or to pay personal expenses. Possible Controls: Different personnel should be responsible for the authorizing, processing, recording and custody functions. Only authorized signers should sign checks. Someone independent of the accounting function should receive all bank statements, unopened, directly from the bank and thoroughly review all cancelled checks. Fictitious Vendors – A common type of fraud is payment of invoices to a fictitious vendor. This fraud occurs when the embezzler establishes a fake vendor and enters it into the company’s records as a legitimate one. Possible Controls: Senior management should periodically examine the company’s approved vendor list. Further investigation should be performed on those vendors that are unfamiliar to senior management. Ghost Employees – Under this scheme, the embezzler enters fictitious employees into the payroll system after they have left their jobs or keeps terminated employees on the payroll and receives the resulting payroll checks. Possible Controls: A “surprise” distribution of payroll checks by someone independent of the field and payroll operations is a good procedure for detecting this fraud. Construction Theft – Construction equipment and tools are attractive targets for thieves. Possible Controls: Restrict access to job sites by physical security measures, require proper identification to enter worksites, and engrave or spray-paint a distinctive logo on the equipment or tools. Photograph all equipment, maintain serial numbers and observe the equipment on a regular basis. Company Equipment – Another fraudulent scheme involves the use of company equipment, materials or labor to perform jobs on the side. The employees then pocket all of the revenue from the side jobs. Possible Controls: This type of fraud can be very difficult to detect. A “surprise” inspection of company equipment at night or on weekends may be effective in identifying unauthorized use of company equipment. This type of fraud often is discovered when an event (i.e. customer complaint, employee injury) occurs at the previously unknown job site. Implementing a strong system of internal controls is the best way to prevent or detect all of the aforementioned fraud schemes. Once established, the system should be periodically reviewed to ensure the internal controls are operating as designed. Although no company is 100 percent fraud-proof, solid internal controls and effective management oversight can keep your company from being victimized by the many fraudulent schemes that we have discussed. Questions? Contact: Frank Hogg, CPA Partner-in-Charge Contractors Services Group 314.290.3413 [email protected] 32 ◆ fall 2008 issue 41280.indd Sec1:32 9/4/08 9:43:17 PM INDUSTRY ◆ HOME BUILDERS What Are the “Top 10” Numbers in Managing Your Home Building Company to Success? By Steve Hays, CPA 1. Net Income (Profit) Percentage (Return on Sales) Net Income Net Sales 3. Gross Margin Net Sales (Developed Lot Costs) (Direct Construction Costs) Gross Margin A measure of dollars remaining after direct costs of construction are deducted in order to cover remaining variable and fixed costs. Gross margin decreases represent a home builder giving the home buyer “too much house for the sales price.” The key to maintaining an adequate gross margin is buying a piece of land at the right price and designing your base home (direct construction costs) correctly. Total “direct” costs of construction (developed lot costs and direct construction costs) should not be more than 80 percent of the sales price in today’s market. 4. Gross Profit Percentage Gross Profit Net Sales A measure of net income dollars generated by each dollar of sales. A measure of gross profit dollars generated by each dollar of sales. Net income (profit) percentage is the most important number to manage. Often referred to as “the bottom line,” it typically is the first number an owner, banker or investor looks at for the overall health of the company. Certain cost savings are said to drop straight to the bottom line and a dollar savings in certain cost areas increases your net income by that same dollar. The difference between gross margin and gross profit is the inclusion of indirect construction costs. This key financial measure represents a home builder’s ability to cover or absorb other operating expenses. If a home builder cannot maintain an adequate gross profit percentage, it is unlikely he or she can obtain an acceptable net profit percentage. Maintaining an acceptable gross profit percentage is essential to long-term economic viability. 2. Direct Construction Costs Percentage Direct Construction Costs Net Sales A measure of direct construction cost dollars spent for each dollar of sales generated. They are the biggest costs a home builder incurs, yet some builders do little to control these costs. Managing this number – the “sticks and bricks” that go into a house – is critical. A common characteristic of the best builders is their ability to monitor and manage direct construction costs. Even a small reduction in direct construction costs as a percentage of sales price can significantly increase a builder’s bottom line. Any costs that can be removed or decreased from a house and multiplied with direct construction cost savings from other units can provide substantial income improvement. 5. Break-Even Fixed Costs or Expenses (Unit Price - Variable Unit Cost) Number of units that must be closed in order to cover all costs and expenses of the company. This calculation assumes zero profit. Break-even analysis is a tool to calculate the sales volume at which the variable and fixed costs of producing a home will be recovered. The break-even point is the point at which your homes stop costing you money to produce and sell and start to generate a profit for your company. 33 ◆ fall 2008 issue 41280.indd Sec1:33 9/4/08 9:43:18 PM knowledge. commitment. value. CERTIFIED PUBLIC ACCOUNTANTS AND BUSINESS CONSULTANTS 6. Debt to Equity Total Debt (Includes all liabilities) Total Equity Measures a company’s reliance on lender or creditor financing as well as the business’ indebtedness compared to the amount invested by its owners. The debt to equity ratio indicates the ratio of the dollars of liabilities the company has for every dollar of stockholders’ equity. This ratio is a good indicator of a company’s capacity to repay its lenders and creditors. 7. Backlog At any point in time, backlog represents the number of homes sold (under firm contract) but not yet closed (future firm sales). Backlog provides owners, management, bankers and investors with a short-term forecast should no other homes sell. When used in conjunction with breakeven, it can help determine immediate sales needs and help plan for future production capabilities. 8. Sales per Employee Net Sales Number of Employees A measure of sales dollars generated by each employee. Sales per employee benchmarks should be established for each class of employees measured. It is a good tool to let you know if you have excess or not enough capacity in any class of employees. As a general rule, each employee (when measured in total employees) should generate $1.5 million in sales. 9. Cycle Time Contract Approved to Start Date + Start Date to End of Construction + End of Construction to Closing Date Total Cycle Time (measured in days) A measure of the number of days it takes a builder to complete a home. Cycle time can be used to determine the phase during which building inefficiencies occur. It should be measured in conjunction with the home builder’s average selling price because it can take longer to build a bigger, more expensive home. Cycle time can be broken down into further phases for better analysis. 10. Return on Equity Net Income Stockholders’ Equity A measure of how much profit a company generates with the money stockholders have invested. Return on equity will vary by company based on equity structure. Some companies prefer to track return on total assets. The Market The 2008 selling season is off to the same start as the weather – warm one day, then cloudy and raining the next. While traffic has been inconsistent, the quality of the buyer has generally been pretty good. Unfortunately, sales in the first half of the year have been relatively flat. Creative marketing and concessions continue to play a significant role in sales. The public has heard but does not truly understand that it certainly is a great time to buy a house. As for what to expect further in 2008, it is impressive to see how all – home builders, lenders, subcontractors, suppliers and others – are working together to survive this crisis. Spec inventory levels have been reduced in recent months to manageable levels, although relatively low backlogs in the market, runaway gas prices, and the overall health of the economy are concerns. Improvement is being seen on some gross margins, especially on homes to be built. The bottom of the market may not yet be in sight, but it appears many builders have fully buttoned down to weather the storm. When the market does turn, builders will be leaner, with better systems and processes in place to satisfy what should be some pent-up demand. It is hopeful that all of the Fed’s interest rate cuts will translate to even lower long-term mortgage rates. Stay Tuned! Questions? Contact: Steve Hays, CPA Partner-in-Charge Home Builders Services Group 314.290.3336 [email protected] 34 ◆ fall 2008 issue 41280.indd Sec1:34 9/4/08 9:43:19 PM INDUSTRY ◆ HOSPITALITY AND GAMING Private Country Clubs’ Compensation Not So Private! By Jim Mather, CPA The IRS has published a fairly significant update to the Form 990 filing requirements that will impact the private club industry. The revisions have created a buzz throughout the private club industry and will take effect for filing years due in 2009. The updated filing guidance requires additional compensation disclosures for certain key employees, directors, officers and other highly compensated employees of private clubs. Clubs previously were required to report the names and salaries of officers, trustees, directors and certain key employees, but the updated Form 990 guidance will require the listing of the salaries and names of the club’s top five highest-paid employees (other than an officer, trustee, director or key employee). The updated guidance as published by the IRS within its draft instructions covering Part VII of the Form 990 requires the disclosure of compensation of the following officers, directors, trustees and employees of the organization: • Current officers, directors and trustees (no minimum salary – report all) • Current key employees (compensation exceeding $150,000) • Current five highest-compensated employees other than officers, directors, trustees or listed employees (only those that exceed $100,000) • Former officers, key employees and highest-paid compensated employees (compensation exceeding $100,000) • Former directors and trustees ($10,000 in the capacity as a former director or trustee) The definition of a “key employee” according to Form 990 is someone other than an officer, director or trustee who meets the following criteria: • Has responsibilities, powers or influence over the organization as a whole that is similar to those of an officer, director or trustee • Manages a segment or activity of the organization that represents 5 percent of the organization’s activities, assets, income or expenses of the organization 35 ◆ fall 2008 issue 41280.indd Sec1:35 9/4/08 9:43:20 PM knowledge. commitment. value. CERTIFIED PUBLIC ACCOUNTANTS AND BUSINESS CONSULTANTS • Has, or shares, the authority to control 5 percent of the organization’s capital expenditures, operating budget or employee compensation Compensation is defined as the amounts reported in Box 5 of Form W-2 for employees or Box 7 of Form 1099Misc. for any directors or trustees. Other items management should note within Form 990 include questions in section VI under “Policies.” The questions require “yes” or “no” answers regarding the implementation of the following: • “Conflict of Interest Policy” • “Annual Disclosure of Interests” • “Enforcement of Conflicts Policy” • “Whistleblower and Document Retention Policy” These are fairly self-explanatory and are some of the best practice policies pulled from the SarbanesOxley guidance that should be implemented by taxexempt organizations. Form 990 also requests a “yes” or “no” answer covering the organization’s process for determining compensation reported in Part VII for the CEO, executive director and other top management. The question asks if there is 1) a review and approval by the governing body or compensation committee, 2) use of data for comparison to similar qualified positions in comparable organizations, and 3) retention of documentation with respect to the deliberations and decisions regarding the compensation arrangement. All of the items noted above may require some additional thought and consideration prior to the end of the club’s fiscal year and filing of the related Form 990. Questions? Contact: Jim Mather, CPA Partner-in-Charge Hospitality and Gaming Services Group 314.290.3470 [email protected] 36 ◆ fall 2008 issue 41280.indd Sec1:36 9/4/08 9:43:22 PM INDUSTRY ◆ MANUFACTURING AND DISTRIBUTION Green and Lean – Enhancing Your Lean Manufacturing Efforts by Going Green! By Mike Lewis, CPA Mitch Kidwell of the U.S. Environmental Protection Agency says “lean usually helps the environment without really intending to.” Green is in! Growing media attention and increased consumer awareness of green initiatives is a reality for today’s manufacturers and distributors. Add to that the increased regulatory scrutiny and green does not appear to be a passing fad. On the surface, green and “lean” may appear to be an unlikely combination. Lean enterprises focus on eliminating waste to increase cash flow and capacity to grow their businesses. This enterprise strategy gives the company a competitive edge. Lean enterprises accomplish this by eliminating waste and non-value added activities while delivering what the customer wants, when they want it. 37 ◆ fall 2008 issue 41280.indd Sec1:37 9/4/08 9:43:27 PM knowledge. commitment. value. CERTIFIED PUBLIC ACCOUNTANTS AND BUSINESS CONSULTANTS On the manufacturing floor, environmental wastes do not add value to the customer and many times result in bottlenecks to one-piece flow. In addition, disposal of environmentally hazardous material can be a very costly process. These facts make these processes ripe targets for lean initiatives. The opportunity to improve these processes also can result in significant cost reductions. A lean and environmental pilot project completed in Washington state resulted in reduced energy costs of $99,000 annually, reduced hazardous waste by more than 60,000 pounds, and reduced solid waste by more than 500,000 pounds annually. You can download a copy of the toolkit www.epa.gov/lean/toolkit/leanEnviroToolkit2.pdf. Mitch Kidwell of the U.S. Environmental Protection Agency says “lean usually helps the environment without really intending to.” Kidwell believes that lean and green are a natural fit. The EPA has developed the “Lean and the Environment Toolkit.” The toolkit assembles practical experience collected by the EPA from a group of partner companies and organizations that have had experience with coordinating lean implementation and environmental management. The focus of the toolkit is to improve both the business performance and the environmental performance of the company and offers practical strategies and tools for integrating environmental considerations in lean initiatives. The toolkit will help you: Many lean initiatives can qualify for the R&D tax credit for Federal Income Tax purposes. Re-engineering day-today operations such as engineering, production, quality assurance, purchasing and information technology all may include activities that qualify for the R&D Credit. If your lean initiatives focus on improving existing products, processes, techniques, etc., these costs may qualify as research expenses. • See hidden environmental wastes and hazards. Many times, environmental wastes are overlooked during lean initiatives and therefore go unaddressed. Costs including material disposal costs for compliance with environmental regulations and water, chemical and energy usage can be reduced if they become the target of a lean initiative. • Enhance the effectiveness of lean implementation. Coordination of lean and environmental initiatives can lead to improved bottom-line results by eliminating waste and improving usage of raw materials. • Deliver what the customers and the employees want. Consumers want environmentally friendly products. Companies that can deliver these products have a competitive advantage over those that do not. Improving the work environment can result in a positive effect on employee morale and reduce exposure to environmentally unfriendly chemicals or other substances. at Potential Tax Savings for Green and Lean Initiatives Recently issued IRS regulations have made qualifying for the research and development tax credit more appealing to many companies and industries. The new regulations are taxpayer friendly and reflect a profound change in the position of the IRS and state taxing authorities by dramatically broadening the traditional tax definition of “R&D.” Beginning in 2007, eligible taxpayers can elect to use the alternative simplified credit as a substitute for the more complex, traditional research credit. The traditional credit required the taxpayer to obtain records for base periods from the 1980s. For those taxpayers that have never taken the credit, the ASC calculation does not require a look back to historical-based periods. In addition, for those taxpayers whose research expenses no longer exceed the base period hurdle, the ASC provides an opportunity for a reduced R&D credit. In summary, the ASC can generate additional tax savings not available under the traditional research credit with a simpler calculation. Questions? Contact: Mike Lewis, CPA Partner-in-Charge Manufacturing and Distribution Services Group 314.290.3391 [email protected] 38 ◆ fall 2008 issue 41280.indd Sec1:38 9/4/08 9:43:28 PM INDUSTRY ◆ NOT-FOR-PROFIT Alternative Investments By Ted Williamson, CPA Alternative investments are investments for which a readily determinable fair value does not exist. Unlike traditional investments such as common stocks or government and corporate bonds, quoted market prices for alternative investments are not available on national exchanges or within financial publications. Examples of alternative investments include hedge funds, private equity funds, real estate funds, venture capital funds, commodity funds, offshore fund vehicles and funds of funds. Over the past decade, not-for-profit organizations throughout the United States have devoted progressively larger shares of their investment portfolios to alternative investments, often at the behest of their investment advisors. With the stock market producing less favorable returns than in the late 1990s, alternative investments have been viewed by many not-for-profits as a way to guarantee perennial double-digit returns on their endowments. However, in their zeal to achieve improved investment performance, many not-for-profits have failed to consider the financial reporting complications arising from alternative investments. Financial Reporting Consequences of Alternative Investments Most not-for-profit organizations are required by generally accepted accounting principles to report investments at fair value within the financial statements. For traditional marketable securities, the fair value can be derived by simply obtaining the closing price for the security on a national exchange as of the financial statement date. Similar market data is not available for alternative investments, and thus other sources of fair value information must be identified. This assessment usually involves the following complications: • For many alternative investment funds, fair value information comes directly from the fund itself, making it difficult to perform an independent verification of this information. • Many alternative investment funds consider their investment holdings and strategies to be proprietary information. Thus, they are often reluctant to share information that would be helpful in calculating a fair value for the fund (such as a listing of investments held by the fund). • Financial information (such as monthly investment statements or audited annual financial statements) is usually received in a much less timely fashion from alternative investment funds than from traditional investment funds, especially if the alternative investment fund itself invests in other alternative investments. This lag has the potential to delay a not-for-profit’s financial reporting process significantly. 39 ◆ fall 2008 issue 41280.indd Sec1:39 9/4/08 9:43:28 PM knowledge. commitment. value. CERTIFIED PUBLIC ACCOUNTANTS AND BUSINESS CONSULTANTS • Most alternative investment funds have Dec. 31 fiscal yearends, meaning not-for-profit organizations with different fiscal year-ends may have difficulty obtaining fair value information as of their financial statement dates. • Ongoing monitoring after investing in the fund. Controls might include periodic meetings with the fund’s management, on-site visits, review of SAS 70 reports for the fund (if available), review of fund reports and monitoring of fund performance. For not-for-profit organizations for which alternative investments constitute a significant portion of their assets, failure to obtain appropriate fair value information for these investments potentially could result in a scope limitation within the independent auditors’ report on the financial statements. Thus, not-for-profits should regard the proper valuing of alternative investments as an important management responsibility. • Financial reporting related to alternative investments. Controls might include the maintenance of an investment policy by the not-for-profit organization, the formation of an investment committee, review of audited financial statements for alternative investment funds, and maintenance of a listing of alternative investments held by the organization. Management’s Responsibility for the Valuation of Alternative Investments The responsibility for valuing alternative investments within a not-for-profit’s financial statements rests with management of the organization. This responsibility cannot be outsourced to any party outside of the organization. While management may utilize investment valuations prepared by the alternative investment fund, management should have sufficient information to evaluate and independently challenge the fund’s valuation. At a minimum, management should have a sufficient understanding of: • The nature of the underlying investments held by the alternative investment fund; • the portfolio strategy of the alternative investment fund; • and the method and significant assumptions used by the fund manager to value the underlying investments. To obtain this understanding, management should institute a system of internal control over alternative investments that encompasses the following elements: • Initial due diligence before investing in the fund. Controls might include face-to-face meetings with the fund’s management, on-site visits, reference checks and inspection of legal documents. The AICPA Practice Aid titled “Alternative Investments – Audit Considerations” identifies additional examples of internal control procedures that a not-for-profit organization may wish to consider relative to alternative investments. Possible Sources of Fair Value Information for Alternative Investment Funds The following represent possible sources of information from which management can derive the fair value of an alternative investment. These sources may or may not be applicable for a given alternative investment. Management of a not-for-profit organization may need to determine the most appropriate method to value its alternative investments on an investment-byinvestment basis. • Fair value of investments held by the alternative investment fund: As mentioned earlier, many alternative investment funds will not provide a detailed listing of investments held by the fund as they consider this information to be proprietary. However, if an alternative investment fund does provide such information, and if the underlying investments themselves have quoted market prices, management may derive the total fair value of the alternative investment fund by summing the fair values of the investments held by the fund. This total may be multiplied by the not-for-profit’s percentage interest in the alternative investment fund to arrive at the fair value of the not-for-profit’s interest in the fund. 40 ◆ fall 2008 issue 41280.indd Sec1:40 9/4/08 9:43:30 PM INDUSTRY ◆ NOT-FOR-PROFIT Alternative Investments (cont.) • Audited financial statements for the alternative investment fund: Audited financial statements are available for most alternative investment funds. These financial statements often contain an appendix indicating the value of each investor’s interest in the fund or identify a per share value from which the value of the investor’s interest in the fund can be calculated. However, if the not-for-profit organization and the alternative investment fund have different fiscal yearends, the audited financial statements of the fund will not be of use in calculating the value of the not-forprofit’s interest as of the financial statement date. • Transactions at or near the financial statement date: If the not-for-profit organization purchased or sold shares in an alternative investment fund at or near the financial statement date, the price per share at which the investments were purchased or sold may be utilized to calculate the value of the shares held by the not-for-profit organization as of the financial statement date. • Independent appraisal: For certain alternative investments, an independent appraisal of the investment’s value may be obtained. For example, for certain real estate funds, an appraisal of the value of the underlying property held by the fund may be useful in calculating the value of the not-for-profit’s interest in the fund. Impact of SFAS 157 on Alternative Investments Statement of Financial Accounting Standards No. 157, Fair Value Measurements, is effective for fiscal years ending after Nov. 15, 2007, for financial assets and liabilities. SFAS 157 establishes a three-level hierarchy of inputs into the calculation of fair value. These levels are as follows: • Level 1: Quoted market prices in active markets for identical assets or liabilities. Since, by definition, alternative investments do not have readily available quoted market prices in active markets, level 1 inputs will rarely, if ever, be available for alternative investment fair value calculations. However, not-for-profit organizations are reminded that the SFAS 157 hierarchy does apply to alternative investment valuations. Therefore, when multiple possible sources of fair value information for a given alternative investment are available, preference should be given to level 2 inputs over level 3 inputs. For example, when valuing real estate assets held by a real estate fund, market prices for similar real estate assets (a level 2 input) should be given preference over the not-for-profit’s own discounted cash flow analysis (a level 3 input). Summary Alternative investments are inherently difficult to value due to the unavailability of quoted market prices or other easily accessible fair value measurements for these instruments. The preponderance of these investments within the not-for-profit industry has complicated the financial reporting process for some organizations. Management should establish sound control procedures over the selection, monitoring and reporting of alternative investments and should identify appropriate sources of financial information to utilize in developing a fair value for its alternative investments. Not-for-profit organizations are encouraged to be proactive in carrying out their responsibility for the valuation of alternative investments in order to avoid adjusting entries, control deficiencies or opinion modifications during the annual independent audit process. Questions? Contact: Judy Murphy, CPA Partner-in-Charge Not-for-Profit Services Group 314.290.3496 [email protected] • Level 2: Inputs other than quoted prices that are observable for the asset or liability, either directly or indirectly. • Level 3: Unobservable inputs, which are an entity’s own assumptions about what market participants would assume when determining a price to pay. 41 ◆ fall 2008 issue 41280.indd Sec1:41 9/4/08 9:43:31 PM Broadening your business horizons? Time to call on RubinBrown. As the world continues to shrink, opportunities expand. But to reach your international potential, you need a financial partner who will add real value. And that’s where we can help. We’re RubinBrown, a member of Baker Tilly International, a leading global network of independent accounting firms. Through Baker Tilly International, we offer our clients unparalleled access. Local market expertise. The kind of solutions you need to advance your global business plans. Wherever success may lead, when you’re thinking globally, think RubinBrown. Contact us today and discover the RubinBrown difference. ® www.RubinBrown.com Certified Public Accountants and Business Consultants Knowledge. Commitment. Value. Assurance | Internal Audit | Litigation Support | Qualified Plan Audit | SEC Advisory | Small Business State and Local Tax | Tax and Compliance | Valuations | Wealth Management 42 ◆ fall 2008 issue INDUSTRY ◆ PUBLIC SECTOR When Not-for-Profit Organizations Should Use Governmental Accounting By Jeff Winter, CPA, CGFM In 1993, the Governmental Accounting Standards Board issued a staff paper titled “Applicability of GASB Standards to not-for-profit entities.” This document was a collaborative effort between the Financial Accounting Standards Board and the GASB, where jointly the two bodies agreed to a definition of “government.” This definition was expected to be particularly helpful for certain not-for-profit organizations in determining whether to follow generally accepted accounting principles applicable to state and local governments or GAAP for other nongovernmental entities, such as FASB Statement No. 116, “Accounting for Contributions Received and Contributions Made,” and 117, “Financial Statements of Not-for-Profit Organizations.” Neither board issued an accounting standard, so the GASB staff paper is the highest level of authoritative guidance that exists. Unfortunately, even 15 years later, inconsistencies and some confusion still exist about which GAAP to follow for situations that involve not-for-profit entities that have governmental characteristics or are created by a government. The issue of what GAAP to follow applies to not-for-profit entities such as health care organizations, colleges and universities, libraries, public radio or television stations, and school foundations. The difficulty is caused by the variety of ways in which governments are created as well as the extent to which these entities either perform functions that could be considered “governmental” in 43 ◆ fall 2008 issue 41280.indd Sec1:43 9/4/08 9:43:36 PM knowledge. commitment. value. CERTIFIED PUBLIC ACCOUNTANTS AND BUSINESS CONSULTANTS nature or are controlled by other governmental bodies. These not-for-profit organizations often fall into a gray area between private and government and should follow this guidance on deciding whether to apply government accounting standards or private-industry accounting standards. Many of these entities are not created by state statute as a body corporate or politic, but rather under the state’s general corporate or not-for-profit corporation laws. Many entities also do not perform governmental functions and are not controlled by other governmental bodies through the appointment process. Such entities should closely evaluate the parameters of the staff paper. The obvious and most primary unit of government – excluding the federal government – is a state or territory of the United States of America and the District of Columbia. Other entities that are considered governments result from their creation by the state to perform or to facilitate the performance of a state’s functions. These governments are those that are created by state constitution or statute, statutory enabling legislation or local ordinance. Those created by a state are often defined as either municipal or quasi-municipal corporations. They are further divided into general-purpose governments, which include cities and counties, and special purpose governments, which include school districts, special districts and public authorities. Some organizations that are considered governments are not created by state statute or local ordinance but are created by both elected or appointed officials acting in their capacity as public officials through a state’s general and not-for-profit corporation laws. These entities should be considered governments and follow governmental GAAP if they possess one or more of the following characteristics: • Popular election of officers or appointment (or approval) of a controlling majority of the members of the organization’s governing body by officials of one or more state or local governments. • The potential for unilateral dissolution of the organization by a government with the net assets reverting to the government. • Have the ability to issue directly (rather than through a state or municipal authority) debt that pays interest exempt from federal taxation. • The power to enact and enforce a tax levy. The staff paper also discusses that in certain circumstances, organizations that are not created by governments or their public officials but perform government functions may need to be accounted for under governmental GAAP. This analysis requires professional judgment, and the decision should be based upon factors including previous legal decisions within the jurisdiction; classifications by the U.S. Bureau of Census; the relationship between a governmental entity and the not-for-profit concerning management and the use or sharing of resources; and, finally, the basis for the organization’s federal income tax exemption. Some illustrations, which are discussed in the staff paper, demonstrate how certain organizations would be classified under various facts and circumstances(1): 1. Drug counseling, job training and youth recreation services are provided in four cities through multiservice centers. In each city, 100 percent of the costs of operating the center is financed (derived from federal, state and city grants) through contracts between the city and the multi-service center. All of the contracts with the multi-service centers are based on budgets and program plans submitted by the centers to the cities; all of the contracts require monthly performance reporting to the city’s social services departments; and all are subject to audit for compliance with contract clauses and reasonableness of costs incurred. In each city, however, the multi-service center is organized differently: a. City A’s multi-service center was created by city ordinance pursuant to state enabling legislation as a “body corporate and politic.” It financed its building by directly issuing tax-exempt debt, as authorized by law. Its three-member governing body is appointed by and serves at the pleasure of the mayor. b. City B’s center was incorporated under the state’s not-for profit corporation laws and is an IRC 501(c)(3) corporation. The city’s social services commissioner and her counsel were the incorporators. It financed its building through taxexempt debt issued by the state’s housing finance (1) Governmental Accounting Standards Board, November 1993, “Applicability of GASB Standards to Not-for-Profit Entities – A Staff Paper.” 44 ◆ fall 2008 issue 41280.indd Sec1:44 9/4/08 9:43:38 PM INDUSTRY ◆ PUBLIC SECTOR Not-for-Profits and Governmental Accounting (cont.) agency, making semiannual rental payments equal to the debt service. In accordance with the corporation’s charter, its three-member board consists of city officials serving ex officio. c. City C’s center was incorporated under the state’s not-for-profit corporation laws and is an IRC 501(c)(3) corporation. The corporation was organized by the Committee of 100, a local civic group, at the suggestion of the mayor and the city’s social service commissioner. It financed its building through tax-exempt debt issued by the state’s housing finance agency, making semiannual rental payments equal to the debt service. Its threemember board consists of the president of the Committee of 100 and two people selected by the committee’s membership. d. City D’s center is operated by City Services, a subsidiary of a private corporation, which purchased the assets from the city’s social services department (the previous operator of the center) under the city’s new privatization program. The individual contracts with the corporation are similar to those of the other cities, except that they all contain clauses stating that if the city deems it to be no longer in the city’s interest to contract with City Services, the city has an option to purchase the assets from City Services at cost minus depreciation. (The centers operated in City A and City B are governmental. Both were created by the cities. City A’s center is a municipal corporation whose board is appointed by the mayor. City B center’s board consists entirely of government officials. The centers operated in City C and City D are not governmental. City C’s center was created by private individuals, albeit at the behest of city officials. It possesses none of the characteristics of government. Despite the significant budgetary and operating controls exercised over it by the city, and even though a state agency issued tax-exempt debt on its behalf, there is no evidence that it is governmental. City D’s center is owned by a private corporation and operates under contractual arrangements and controls designed to protect the city’s interests.) 2. A community college has an active interscholastic sports program. With the encouragement of the college administrators, a group of alumni incorporate the college booster club as a not-for-profit corporation. The club’s board members are elected by the club membership. College administrators have no contractual relationship with the club. The club solicits donations from the local citizenry in the name of the college booster club. The donations are used to purchase uniforms for the players on all of the teams and the school’s marching band. The donations also are used to pay a significant salary supplement to the football coach, who also is a full-time member of the college’s hygiene department; the amount of the salary supplement is negotiated with the college administrators. (Despite its close ties to the college, the booster club is not governmental because it was not created by the college administrators, possesses none of the characteristics of government, and is not controlled by the college.) The issue of what GAAP to follow for certain not-forprofit organizations is not always a simple concept to implement. The staff paper does an excellent job of providing guidance; however, more and more governments are using not-for-profit organizations to expand the services they provide and also to raise money through non-traditional means and are not aware of the rules that exist. Utilizing the wrong set of GAAP would be paramount to issuing a financial statement that is not in accordance with GAAP and should cause the auditor to render a qualified opinion. Questions? Contact: Jeff Winter, CPA, CGFM Partner-in-Charge Public Sector Services Group 314.290.3408 [email protected] 45 ◆ fall 2008 issue 41280.indd Sec1:45 9/4/08 9:43:38 PM The knowledge you need. The commitment you expect. The value you deserve. For more than half a century, RubinBrown has been making a lasting mark on business. Our unique, one-firm approach means you benefit from the best of both worlds – specialized expertise and comprehensive services. All designed to deliver the kind of insights and solutions you need to succeed. A passionate, professional team. A one-firm approach to service excellence. It’s how we bring real value to our clients. And it’s why they remain clients for decades, not just years. That’s the RubinBrown difference. ® www.RubinBrown.com Certified Public Accountants and Business Consultants Knowledge. Commitment. Value. Assurance | Internal Audit | Litigation Support | Qualified Plan Audit | SEC Advisory | Small Business State and Local Tax | Tax and Compliance | Valuations | Wealth Management INDUSTRY ◆ REAL ESTATE For example, a project that was originally underwritten in the low 90 cent (per dollar of tax credit) range may now be looking at pricing in the low 80 cent range. The result is that many of these deals now have significant budget shortfalls and may not be completed. Beyond the challenge of low prices, many developers are having a difficult time finding investors for their projects. Housing Tax Credit Industry Continues to Struggle The shortage in equity has left both developers and state agencies scrambling to find creative ways to fund gaps in development sources. Those investors that are still in the market are being flooded with proposals from desperate developers. Basically, there are too many deals chasing the small number of investors that are still in the market. For the first time in a long time, the demand and supply for tax credit equity is out of balance and, as of press time, it is still uncertain when the market will stabilize. LIHTC syndicators are searching for the point at which prices to developers allow projects to be completed and yields to investors are high enough to attract tax credit buyers. In 2007, the yields to investors dipped to historic low rates of 4.5 percent to 4.75 percent, as many developments were being priced higher. Today, many syndicators believe that yields to investors will need to be in the 6.5 to 7 percent or higher range to attract investors back to the market. So what does all this mean? By Bryan Keller, CPA, and David Herdlick, CPA The low-income housing tax credit (LIHTC) program has been on its heels for much of 2008 and continues to face several challenges. The problem is so great that many industry experts predict that a number of new projects with 2007 and 2008 tax credit reservations will not get their equity this year since the project may no longer be feasible. The situation was led by the withdrawal of several major investors, including Fannie Mae and Freddie Mac. Several of these investors have pulled completely out of the market or, at best, have significantly reduced their investments in LIHTC projects for 2008. It is estimated that approximately 40 percent of the market is missing in action. In turn, this situation has continued to put downward pressure on the price for LIHTCs. Developers and state housing agencies are looking for creative ways to fill the financing void. As an encouraging example of how state agencies are attempting to alleviate the problem, the Missouri Housing Development Commission has requested that all 2008 applicants resubmit their development source and use schedules according to terms more reasonably achievable with today’s marketplace. MHDC is preparing for the recapture of reserved tax credits, and it hopes to determine which projects initially denied credits could potentially move forward with construction using this reserve. Another recommendation made by the staff at MHDC is to provide additional HOME funds in order to fill the financing gaps. MHDC commissioners, however, have been hesitant to back this recommendation prior to knowing to what extent, if any, the fallout of awarded 47 ◆ fall 2008 issue 41280.indd Sec1:47 9/4/08 9:43:51 PM knowledge. commitment. value. CERTIFIED PUBLIC ACCOUNTANTS AND BUSINESS CONSULTANTS projects will be. A number of other state housing agencies have indicated that they are taking, or planning to take, action to ensure the viability of the developments that have already been awarded tax credits. Despite the current challenges, there are things developers can and should be doing. For example, developers should seek out more soft funds, lock in permanent financing while interest rates remain low and, above all else, underwrite projects on very conservative terms. The latter is especially important in this market as many investors are underwriting with tougher deal terms. Availability for soft funds is scarce, and the competition for such funds is very fierce these days. These are a few of the trends we are seeing across the board with our LIHTC clients. Even with the current dark cloud over the LIHTC market, the program has 22 years of proven and positive history behind it, and industry experts are optimistic about seeing the market stabilize in 2009. Major Victory as President Bush signs into law H.R. 3221, the Housing and Economic Recovery Act of 2008 On July 30, 2008, President George W. Bush signed into law H.R. 3221, the Housing and Economic Recovery Act of 2008. H.R. 3221 is a package of housing legislation approved by Congress in late July that includes significant modifications and program enhancements to the low-income housing credit, rehabilitation tax credit and tax-exempt bond programs, as well as a temporary LIHTC cap increase and numerous other provisions designed to bolster the housing and financial markets. Major provisions in the bill include: • An $11 billion 2008 Housing Bond cap increase; • A 10 percent Housing Credit cap increase in 2008 and 2009; • Permanent AMT relief for Housing Bonds and Credits; • Temporary MRB refinancing authority; • Numerous Housing Bond and Credit modernization provisions; • GSE reform establishing a state-administered affordable housing fund; • Temporary authority for Treasury to lend money to and purchase equity in Fannie Mae and Freddie Mac; • A temporary consultative role for the Federal Reserve Board on GSE capital standards and other regulations; • FHA modernization; • A new FHA foreclosure prevention refinancing program; • $180 million for foreclosure mitigation and counseling and legal assistance; • $3.92 billion in neighborhood stabilization funding to help states and localities turn around foreclosed properties; and • A new first-time homebuyer credit worth up to $7,500 for purchases on or after April 9, 2008, and before July 1, 2009. With this great news, much work is still to be done as state housing agencies and industry partners will be busy putting these new resources to quick and effective use. Many thanks go to the National Council of State Housing Agencies. NCSHA has proposed many of the LIHTC program changes and pursued them for several years. NCSHA is a national, nonprofit organization created more than 30 years ago by the state Housing Finance Agencies to coordinate and leverage their federal advocacy efforts for affordable housing. Please contact us for further information and a detailed review on how we can assist you in making these program changes work for you. Questions? Contact: Bryan Keller, CPA Partner-in-Charge Real Estate Services Group 314.290.3341 [email protected] or David Herdlick, CPA Partner Real Estate Services Group 314.290.3383 [email protected] 48 ◆ fall 2008 issue 41280.indd Sec1:48 9/4/08 9:43:52 PM Knowledge. Commitment. Value. One North Brentwood St. Louis, Missouri 63105 Timely Reminders Sept. 15, 2008 Individuals. Make a payment of your 2008 estimated tax on Form 1040-ES. This is the third installment date for estimated tax in 2008. Corporations. File a 2007 calendar year income tax return (Form 1120) and pay any tax due if you timely requested an automatic six-month extension. Deposit the third installment of estimated income tax for 2008. S corporations. File a 2007 calendar year income tax return (Form 1120S) and pay any tax due if you timely requested an automatic six-month extension. Provide each shareholder with a copy of Schedule K-1 (Form 1120S) or a substitute Schedule K-1. Oct. 15, 2008 Individuals. If you have an automatic six-month extension to file your income tax return for 2007, file Form 1040, 1040A or 1040EZ and pay any tax, interest and penalties due. Partnerships. File a 2007 calendar year return (Form 1065). This due date applies only if you were given a six-month extension. Provide each partner with a copy of Schedule K-1 (Form 1065) or a substitute Schedule K-1. Trusts. File a 2007 calendar year return (Form 1041). This due date applies only if you were given a six-month extension. “Under U.S. Treasury Department guidelines, we hereby inform you that any tax advice contained in this communication is not intended or written to be used, and cannot be used by you for the purpose of avoiding penalties that may be imposed on you by the Internal Revenue Service, or for the purpose of promoting, marketing or recommending to another party any transaction or matter addressed within this tax advice. Further, RubinBrown LLP imposes no limitation on any recipient of this tax advice on the disclosure of the tax treatment or tax strategies or tax structuring described herein.” 41280.indd Sec1:49 9/4/08 9:43:55 PM