Seven Questions Municipalities Should Ask to Prepare for Year-End

Seven Questions Municipalities Should Ask to Prepare for Year-End

After working with multiple New York-based municipalities year after year to close their books and prepare for what’s next, RBT CPA experts have identified seven key questions you should answer to help ensure a smooth process.

  1. Does your interfund activity agree? Interfund activity is the financial interaction between a government’s funds. How activity is treated impacts a financial statement’s accuracy. As noted on the NYS Comptroller Website for Financial Reporting:
    • Interfund Transactions – Quasi-External. Treated and accounted for as revenues, expenditures, or expenses when involving organizations outside of New York. For example: A state agency’s payment to the Office of General Services and Centralized Services for billings.
    • Interfund Transaction – Reimbursement. Recorded as expenditures or expenses of the reimbursing fund and reductions of expenditures or expenses of the fund reimbursed. This excludes interfund receivables or payables that have been set up.
    • Interfund Transfer – Residual Equity Transfer. Nonrecurring or non-routine transfer of equity between funds should be reported as additions to or deductions from the starting Governmental Funds balance; additions to or deductions from contributed capital; or as deductions from Proprietary Funds’ retained earnings. For example: transfer of a discontinued fund’s residual balance to the General Fund or Debt Service Fund.
    • Interfund Transfer – Operating Transfers From/To Other Funds. This includes all other interfund transfers. For example: legally authorized transfers from a fund receiving revenues to the fund expending resources. Loans or advances are not included.
  1. Did you have any new bonding for the year? Be sure to have copies of bonding documents and the amortization schedule available for review.
  2. Have you updated fixed assets for current year additions and deletions? As noted in the NYS Comptroller’s Local Government Management Guide, “Every local government should have a complete up-to-date inventory of capital assets to ensure that both physical control and accountability are maintained over all assets, including lower-cost assets that aren’t reported in financial statements. Some local governments use perpetual inventory records to maintain control over their capital assets. Perpetual inventory records are detailed records that are continually updated as items are added or removed from supply. This inventory system provides officials with direct access to reliable information on current capital assets throughout the year.”
  3. Have you completed all bank reconciliations? Making sure bank statements match your accounting records is not only critical to financial statement accuracy, but also helps detect fraud and/or theft, as well as data entry errors (i.e., wrong amount or duplicate entries). Failure to reconcile accounts is often the subject of audit findings.
  4. Have you reviewed prior year audit entries and proactively entered them for this year?
  5. Are items recorded to accounts receivable (AR) last year, if annual, recorded to AR this year?
  6. Are all bills applicable to prior year recorded to accounts payable (AP)?

For additional information, refer to the training resources available through the NYS Comptroller’s website, as well as the NYS Financial Toolkit for Local Officials.

As always, RBT CPA accounting, tax, audit and advisory professionals are available to answer your questions to ensure your municipality is on the best track for financial reporting and accuracy. Click here to contact us today.

Cannabis Growth & Sales in NY: Where Things Stand

Cannabis Growth & Sales in NY: Where Things Stand

Marijuana Struggling to Sow Roots In New York Amid Hazy Conditions

On March 31, 2021, the Marijuana Regulation and Taxation Act (MRTA) legalized adult-use cannabis in New York. What has happened since then?

By year-end 2021, 90% of New York municipalities agreed to issue dispensary licenses and/or onsite consumption licenses. Most of the remaining 600 municipalities opted to forgo offering both licenses (at least for now; they can opt in in the future). A high number of opt outs were in Dutchess, Jefferson, Nassau, Orange, Steuben, Suffolk, and Westchester counties. Leaders attributed their opt out decision to a lack of comfort with certain parts of the law (i.e., onsite consumption) and lack of regulations issued by New York’s Cannabis Control Board.

By the middle of 2022, the Board issued 162 recreational cultivation licenses. Just this month, 36 retail dispensary licenses were issued. The application process is onerous and some requirements (like having been arrested in New York in the past for a marijuana offense) are being challenged in court.

While the state gets its ducks in a row, New York City has seen an upsurge in sales from trucks, sidewalks, and bodegas – none of which are legal. Still, it’s hard to justify pursuing legal action when one of the requirements for opening a legal cannabis business is a past offense involving marijuana. So, what many have coined “a gray market” has emerged, raising concerns that legitimate cannabis businesses will be at risk before they ever open their doors.

Another concern relates to taxes. Sources estimate the cost for cannabis from legitimate sources will be two times more than what it costs in the gray market, thanks to several taxes.

Excise Taxes

As of April 1, 2022, Article 20-C of the New York State Tax Law imposed a THC potency excise tax – the first in the nation. The excise tax is an amount a retailer pays to a distributor. It equals: $0.005/mg of THC for cannabis flower, $0.008/mg of THC for concentrates, and $0.03/mg of THC for consumables.  In addition, there’s an adult-use excise tax of 13% paid by retailers. Of amounts collected, 9% goes to the state. Of the remaining 4%, 1% goes to the county where the sale took place and 3% is split between the cities, towns, and villages in the county that opted in based on respective cannabis sales.

IRC 280E & 471

For Federal income taxes, IRC 280E governs what expenses are deductible and credits are allowable, while IRC 471 governs inventory rules. To offset IRC 280E, New York’s Governor Hochul enacted Senate Bill S8009 when she signed the 2022-2023 budget into law. As a result, starting January 1, 2023, state cannabis taxpayers will be allowed standard business deductions and credits on state returns (even though IRC 280E bans them on Federal returns).

Franchise Tax

New York businesses are required to pay the highest of business income tax (6.5% to 7.25% or 0 for qualified manufacturers); business capital tax (0.1875% of business capital allocated to New York or 0 for qualified manufacturers); or fixed dollar minimum tax (ranging from $25 to $200,000 or $19 to $3,740 for qualified manufacturers). Note: There are some benefits to being treated as a qualified manufacturer.

Sales Tax

While New York businesses will not collect sales tax on cannabis, sales tax will apply to related products like rolling paper, pipes, and other paraphernalia.

(Some of the taxes referenced in this article may work differently in New York City.)

Beyond taxes, audit expectations are high. As noted in an article published by the New York State Society of Public CPAs (Klimek, Jason. Cannabis Taxes in New York State – How High Is Too High. April 1, 2022), “All of this adds up to a high likelihood of an IRS audit. In 2013, with solely medical cannabis legalized in a few states, the IRS determined that the average per hour recovery for IRS work in mainstream businesses was $493. For cannabis business, the average per hour recovery was $1,375.”

No doubt, 2023 will be a big year for legitimate cannabis businesses in New York. If you need assistance with related accounting, taxes, or audits, please let us know. RBT CPAs is one of the largest firms in the Hudson Valley. We believe we succeed when we help you succeed. Give us a call to learn more about what we can do for you.

Lease Accounting Standards Reminder

Lease Accounting Standards Reminder

Is your municipality stretched a little thin trying to meet GASB 87 requirements, much less GASB 96? Take heart – you’re likely not alone, but there is light at the end of the tunnel.

In a survey conducted at the end of May/beginning of June for Visual Lease Data Institute’s GASB readiness study, 44% of government survey participants indicated they weren’t completely prepared for GASB 87 and only 18% felt they had moved onto the maintenance phase. (Hopefully, a lot more are in the maintenance stage now.)

Beyond-stretched resources embarking on yet another learning curve for new lease policies, protocols, and technology seem to have little left in the tank to comply with GASB 96, which focuses on how government organizations account for Subscription-Based Information Technology Agreements (SBITAs) for fiscal years that start after June 15, 2022. In essence, you must do the same thing for software agreements as you did for leases. Hopefully, the second time around should be a bit easier.

If you’re finishing up your GASB 87 compliance efforts, here are resources that may help:

Changes Ahead for Governmental Lease Accounting by RBT CPAs

Lease Accounting Standard Changes FAQ by RBT CPAs

NYS Resources on GASB Standards

NYS: How to Implement GASB 87

NYS Annual Financial Reports Filing Deadlines

The Complete Guide to GASB Lease Accounting by Governing.com

RBT CPAs has partnered with Trullion – a lease management software company – to use modern technology to streamline the process for initial GASB 87 compliance and ongoing maintenance. If you are interested in learning more about how this may benefit your organization, give us a call. If you have any questions or need clarification, please don’t hesitate to reach out to your RBT CPAs contact.