The Importance of Internal Control Assessments

The Importance of Internal Control Assessments

Internal controls are mechanisms that help to ensure an organization’s financial integrity. Unions rely on these internal controls to minimize financial risk, prevent fraud, and maintain the accuracy of financial records. It is crucial that these processes are regularly assessed in order to maintain their effectiveness.

What are Internal Controls?

Internal financial controls are processes designed to help prevent fraud, enhance reliability of financial statements, reduce the risk of unexpected financial losses, and ensure compliance with laws and regulations. Internal controls include procedures for authorization, record keeping, reconciliations, and auditing.

Why Do Unions Need Internal Controls?

Strong internal controls serve the following purposes for unions: they protect union funds, safeguard the union’s reputation, promote transparency, provide data for decision-making, and instill member trust.

Union officials are responsible for ensuring that union funds are used solely for the benefit of the union and its members. To ensure the proper use of funds, union leadership must maintain well-monitored systems for the following financial processes:

  • Collecting member dues
  • Managing union funds
  • Forming budgets
  • Keeping financial records
  • Providing financial reports to members
  • Conducting internal audits
  • Managing union bank accounts and credit cards

Preventing fraud, corruption, and financial risk is key to maintaining the reputation and integrity of any organization. The U.S. Department of Labor discusses several safeguards for preventing abuse in unions including:

  • Division of financial duties amongst multiple individuals
  • Issuing of records and receipts to members for dues paid
  • Maintenance of records and receipts for all union income and expenses
  • Transparency regarding union officer salaries and allowances
  • Cosigning of all checks from the union’s bank account
  • Full reports of union finances given by the financial officer at each membership or executive board meeting
  • Prior authorization for large or unusual transactions
  • Internal audit committees (or trustees)
  • Regular audits of the union’s financial records

Assessing Your Union’s Internal Controls

Regularly evaluating your union’s internal controls is a critical step for minimizing financial risk. Weaknesses in internal controls can develop if union officials misunderstand the guidelines or if the guidelines are not updated to match changing regulatory requirements.  All of the mechanisms discussed above must be periodically reviewed to ensure that they are achieving their objectives in preventing risk to the union.

Reviewing internal controls may involve the use of risk assessments, which identify potential threats and weaknesses in the operations of the organization. Audits of financial records can also help to identify gaps in compliance. If weaknesses are found, then operating procedures can be amended accordingly.

It is critical to stay on top of your union’s financial health to reduce the risk of reputational and operational damage.

Looking to test your union’s internal control processes? RBT CPAs’ experts are happy to provide internal control assessments for your union. At RBT CPAs, we understand the unique compliance and regulatory environment that you operate within. Our firm has been serving organizations in the Hudson Valley and beyond for over 50 years. You can count on RBT CPAs’ professionals to help maintain your union’s reputation for transparency, accountability, and trustworthiness by providing exceptional accounting, advisory, audit, and tax services.

For more information about how our firm can help to maintain the financial health of your union, visit our website or give us a call.

Mitigating Fraud Risk in Public Housing Authorities

Mitigating Fraud Risk in Public Housing Authorities

Public Housing Authorities (PHAs) can become vulnerable to fraud and corruption—by both external and internal parties— if proper precautions are not taken to safeguard these agencies against such risks. This article will discuss the measures Public Housing Authorities can take to prevent and detect potential fraud risks.

Types of Fraud

The Office of the Inspector General lists several of the most common fraud schemes that occur in Public Housing Authorities and other organizations that receive Housing and Urban Development funds. Some examples of common schemes are:

  • Embezzlement and theft
  • Contracting and procurement fraud
  • Bribery and kickbacks
  • Conflicts of interest
  • Identity theft
  • Disaster recovery grant fraud
  • False billing
  • Tenant/applicant fraud

Establishing a Formal Fraud Policy

The most important means of fraud prevention is a formal fraud policy. A formal fraud policy should be comprehensive, outlining the procedures for preventing and responding to fraud. The policy should be accessible and easily understood by tenants and employees. According to the Office of the Inspector General, a formal fraud policy should accomplish the following: declare the organization’s commitment to preventing fraud, lay out the activities that constitute fraud, ensure confidentiality in reporting, identify officials with authority to investigate suspected fraud, state the consequences and penalties for fraud, assure due process, and provide instructions for reporting suspected fraud. PHAs should consult with legal counsel to review their fraud policies and ensure compliance with tenant-landlord laws, as well as alignment with HUD policies.

Educating Relevant Parties

Awareness of a PHA’s fraud policy and procedures is key in fraud prevention. PHAs should make their fraud policies accessible to management, tenants, employees, contractors, and other relevant parties by distributing printed copies, hanging posters in common areas, and/or making the policy available online. Employees and stakeholders should be trained to recognize and report suspicious activity. Awareness of a strong anti-fraud policy can also help to deter potential fraudsters.

Maintaining Strong Preventative Procedures and Internal Controls

To safeguard against fraud, PHAs must have board-approved operational and financial procedures in place. These procedures should include systems for verifying tenant eligibility, policies for vetting vendors and third-party service providers, and regular risk assessments to determine the likelihood of various fraud scenarios. PHAs should conduct regular reviews and audits of processes and controls to ensure compliance and effectiveness. In addition to periodic audits, PHA staff should monitor data and transactions on a daily basis. Data analytics and AI technology can be utilized to improve the accuracy and efficiency of monitoring processes.

Establishing a Whistleblower System

PHAs must ensure that the systems in place for reporting fraudulent activity are clear, accessible, and confidential for those reporting. Whistleblowers who report suspected fraud, waste, or abuse are protected by the law from retaliation.

How Can an Accounting Firm Help Mitigate Fraud Risk?

It is critical that the proper policies and procedures are in place to prevent and detect fraud threats—from both inside and outside of the organization. A reliable accounting firm can help carry out these crucial procedures.

RBT CPAs provides a variety of services that help prevent fraud within Public Housing Authorities and other organizations. These include:

  1. Internal control assessments: review controls to ensure proper checks and balances are in place to prevent fraud (segregation of duties, approval processes, etc.).
  2. Fraud risk assessments: identify areas within the Authority’s operations with greater potential for fraud.
  3. Agreed-Upon Procedures: perform specific tasks requested by an Authority, such as reviewing selected financial information.
  4. Annual financial and compliance audits: conduct independent audits to ensure accuracy and compliance with accounting standards and regulatory requirements.
  5. Consulting/Advisory services: provide insight and advice on various topics, such as strategies to mitigate financial, operational, and compliance risks; assist with the development of policies and procedures.
  6. Bookkeeping/Fee Accounting services: maintain accurate financial records and assist the Authority in maintaining compliance.
  7. Forensic audits: examine the Authority’s financial records for evidence of suspected fraud.

 

Protecting Public Housing Authorities from fraudulent activity is crucial for maintaining the operational integrity and reputation of these agencies. RBT CPAs’ accounting, tax, audit, and advisory experts are here to help safeguard your organization from fraud. Call us today and find out how we can be Remarkably Better Together.

Are You Keeping Up with Fair Housing Act Developments?

Are You Keeping Up with Fair Housing Act Developments?

Activities to prevent bias and discrimination in housing have dramatically picked up speed on the Federal level and in New York. Guidance and communications reveal a multi-pronged approach to enforcing the Fair Housing Act by touching on a wide variety of activities from screenings to insurer practices and more. Following are highlights of a few national and state activities occurring since the start of 2024.

On February 23, HUD announced adjustments to civil monetary penalty amounts for 2024. These adjustments took effect on March 25. Fair Housing Act civil penalties range from $25,597 with no prior violations to $63,991 if there’s one prior violation and $127,983 if you have two or more priors. (Criminal proceedings may be pursued for complaints involving force or threat of force.)

In early April, HUD awarded over $30 million in grants to fair housing organizations working to address Fair Housing Act violations, including three in New York.

On April 29, HUD issued guidance on the Application of the Fair Housing Act to the Screening of Applicants for Rental Housing. It addresses ways to screen applicants in a nondiscriminatory manner and best practices for Fair Housing Act compliance. It also discusses the use of AI and machine learning in screenings. (Separate guidance was issued to address the use of AI in the advertising of housing opportunities.)

There’s also a proposed rule under consideration to amend existing regulations “for applicants with criminal records or a history of involvement with the criminal justice system and eviction or termination of assistance of persons on the basis of illegal drug use, drug-related criminal activity, or other criminal activity.” Stay tuned.

When it comes to New York, on April 22, an agreement was enacted as part of the 2025  budget “to address New York’s housing crisis by increasing the housing supply, promoting affordability, strengthening protections for New York renters and homeowners, and combatting bias and discrimination in housing.”

There were several changes to housing laws, including the Good Cause Eviction Notice taking effect in NYC and giving any other village, town, or city in New York the opportunity to opt in. As of the end of July, Albany, Kingston, Poughkeepsie, Rochester, and Ithaca had opted in.

On April 26, Governor Hochul shared a comprehensive assessment of fair housing in the state, with Fair Housing Matters NY and a new online mapping tool showing how fair housing issues impact New Yorkers. The report highlights key issues and defines goals and action items addressing housing disparities.

To promote Fair Housing compliance, an additional $2.2 million expanded New York’s Fair Housing Testing Program, where undercover testers act as renters and homebuyers to uncover discrimination and educate landlords, tenants, local governments, and real estate professionals on fair housing requirements. In addition, the Governor is creating a new unit dedicated to swift enforcement of housing discrimination related to Section 8 Housing Choice Vouchers.

As you focus on staying up-to-date on Fair Housing Act activities on both the Federal and state levels to promote compliance and protect your organization from penalties, you can count on RBT CPAs to be your trusted advisor for accounting, audits, taxes, and more. Learn how we can be Remarkably Better Together by contacting us today.

 

RBT CPAs never offshore work outside of the U.S., so you always know who is handling your financial information.

NOTE: RBT CPAs is not a law firm and the content in this article should not be construed as legal advice. Should you have questions about Fair Housing Act law or compliance, it’s in your best interest to contact your legal counsel.

Navigating Leadership Transitions in Unions: A Focus on the Treasurer Role

Navigating Leadership Transitions in Unions: A Focus on the Treasurer Role

There are a lot of responsibilities that must be addressed as part of a union officer election. An important activity to keep on your radar is helping newly elected officers transition into their positions; this is especially important when there’s a newly elected treasurer.

Given a treasurer’s responsibility for a local’s financial well-being and compliance, preparing a transition plan in advance of an election puts you in the position to help a new treasurer acclimate quickly while maintaining member trust and loyalty.

To prepare for a potential transition in treasurers, explore resources your parent union may have available, including the union’s constitution (which typically defines duties), leadership handbooks, financial standards, and training focused on a treasurer’s responsibilities and financial guidance for union leaders.

Create a “toolkit” that you can share with a newly elected treasurer, so they quickly get up to speed on responsibilities, have an opportunity to ask questions, prepare to lead, and ensure compliance. In addition, consider whether the following actions can support the transition:

  1. Plan ahead. The incumbent treasurer should update documentation regarding key processes, responsibilities, and relevant financial information, and prepare to hand off/transfer key items like bank accounts, checkbooks, and credit cards.
  2. Knowledge transfer. A knowledge transfer process will allow time for the outgoing and incoming treasurers to discuss the union’s financial structure, internal controls, key responsibilities, and more. This is not just about handing over documents or providing a calendar of important deadlines and deliverables, but also sharing insights and experiences.
  3. Training and support. The incoming treasurer may need training, in the form of courses, workshops, or mentorship from the outgoing treasurer or other experienced union leaders. Providing ongoing support to the new treasurer even after the transition period is essential to ensure they are positioned to succeed in their new role.
  4. Communication. Open and transparent communication is key. Union members should be informed about the change in leadership and the transition plan. This communication fosters trust and ensures members that the union’s financial matters will remain in responsible hands.
  5. Engage with auditors and advisors. The treasurer is typically the primary contact for the union’s auditors, accountants, bankers, and financial advisors. Early engagement with these individuals can help keep the union’s financial matters moving even during a transition.
  6. Compliance with regulations. The treasurer is responsible for ensuring the union complies with all relevant financial regulations and reporting requirements. The transition plan should include a review of regulatory requirements and direction on where the new treasurer can turn for advice and direction.
  7. Encourage teamwork. Lastly, a new treasurer should be encouraged to work closely with any staff that they oversee (like a bookkeeper), other union leaders, and any special committees they are assigned to. A strong team can provide support, share the workload, and contribute to effective decision-making.

A leadership transition is a significant event in the life of a union. Although the role of a treasurer comes with hefty responsibilities, with proper planning, effective knowledge transfer, and continuous support, a new treasurer can be put in the best position to help the union and its members succeed.

Whether your union is dealing with business as usual or handling a leadership transition, please know you can always count on RBT CPAs for accounting, audit, tax, and advisory services. Give us a call to see how we can be Remarkably Better Together.

 

RBT CPAs never offshores work outside of the U.S., so you always know who is handling your financial information.

Is 2024 the Year Public Housing Finally Moves on from COVID?

Is 2024 the Year Public Housing Finally Moves on from COVID?

While much of society has moved beyond COVID, Public Housing Authorities (PHAs) continue feeling its impact.

A delay in the Emergency Rental Assistance Program (ERAP) disbursements in New York exasperated the issue, but now it seems that funds are moving and helping with accounts receivables. This appears to have a leveling off effect on eviction cases filed. However, other recent announcements from HUD may indicate the struggles aren’t completely in the rearview mirror.

According to New York’s Office of Temporary and Disability Assistance, as of January 26, 2023, the number of applications for:

  • ERAP applications for rent arrears, prospective rent, and utility arrears: 405,605
  • State-Funded ERAP for Over 80 Area Median Income (AMI): 6,872
  • LRAP applications: 55,009

The number of applications paid May 28, 2024:

  • ERAP for rent arrears and prospective rent: 306,667 applications paid in the amount of $3.49 billion
  • ERAP for utility arrears: 121,069 applications paid in the amount of $145 million
  • State-Funded ERAP for Over 80 AMI: 4,404 applications paid in the amount of $50 million
  • LRAP: 29,792 applications paid amounting to $298 million

(To see data by county or jurisdiction, as well as demographic information, click here.)

 

New York’s Statewide Landlord-Tenant Eviction Dashboard indicates that as of June 17, 2024 there were over 86,000 eviction filings for the year. Monthly data indicates a potential easing; we’ll know more when June’s month-end numbers are available.

There has also been a flurry of Federal and state legislative activity that seems to go back and forth between making things easier on PHAs and more challenging.

In December 2023, HUD proposed a rule requiring a 30-day notice period prior to starting eviction proceedings related to termination of a lease.

In April 2024, the state enacted the Good Cause Eviction Law, limiting evictions, requiring lease renewals, and capping rent increases, although municipalities outside of NYC must opt in.

In April 2024, HUD published a notice to extend its 2022 adjustment for assessing Tenant Accounts Receivable (TAR) in the Public Housing Assessment System with fiscal year ends up to December 31, 2023. However, the notice also indicates “HUD intends to return to the regular scoring methodology for HUD for PHAs with fiscal years ending in 2024.”

On May 7, 2024, HUD issued a final rule on HOTMA Housing Choice Voucher and Project Based Voucher implementation that simplify and clarify existing regulatory language and reduce the burden on PHAs.

On May 14, 2024, HUD announced the renewal of funding for the Housing Choice Voucher Program, with over $3.3 billion going to New York Housing Authorities.

On June 14, 2024, NSPIRE V Compliance was pushed back a year to October 1, 2025.

While you’re no doubt busy keeping up with all of this activity, we just want to remind you that RBT CPAs is here to support all of your accounting, audit, advisory, and tax needs. Give us a note or drop us a line any time to find out how we can be Remarkably Better Together.

Protecting Union Members’ Data: What You Should Know and Do

With growing frequency, cybercriminals are targeting unions, prompting a greater need for cybersecurity awareness, training, and protocols at all levels.

Last year, the Boston Pipefitters Union saw $6.4 million stolen from its health fund. In November, the Allied Pilots Association was the victim of a ransomware attack. Early this year, an SEIU local in California was breached resulting in the possible exposure of member Social Security numbers, home addresses, birth dates, and more. As unions play a vital role in fighting for members’ rights, like all organizations, they must also proactively put plans in place to protect union systems, funds, and sensitive information about members.

Why? A cyber attack can have far-reaching implications, ranging from financial loss, disruption of operations, recovery costs, and legal fees to damage to an organization’s reputation and loss of member trust. Cyber attacks are also easy to facilitate, with dubious links in emails that look like they come from legitimate sources or thumb drives embedded with a virus. Unfortunately, simple deceptions can wreak havoc on systems and organizations.

While a common misunderstanding is that cyber criminals focus on only the largest of organizations, it’s important to recognize a certain contingency of cyber criminals focus on smaller operations or low-hanging fruit that provides easier access to data and ransom fees. (That’s why school districts and local municipalities are frequent targets. With outdated infrastructure and limited resources, it’s easier for cyber criminals to breach their systems, causing chaos by locking systems for days or weeks and holding sensitive information for ransom.)

With the average cost of a cyber breach estimated to be over $4 million in 2023, organizations of all types and sizes – including unions and locals – need to make cybersecurity an ongoing priority. If your local handles members’ personally identifiable information like birth date, Social Security number, home address, phone number, and email address – not to mention any financial information, it’s critical to take steps to proactively protect this data while also having a plan so you know what to do should a breach occur.

A cyber security plan can include clearly defined roles and responsibilities; annual risk assessments and audits (including audits of third-party service providers); data encryption and controls; a response plan; periodic training and communications; and more. By having one in place, you can reassure members that the union is always looking out for their best interests.

A good place to start is with your union’s parent organization to see what policies, protocols, and tools are available to protect members’ information and union systems. In addition, the U.S. Cybersecurity & Infrastructure Security Agency (CISA) provides valuable free resources and tools, including the Shields Up program which is designed to help organizations prepare for, respond to, and mitigate the impact of a cyberattack.

As you explore what your local can and should be doing to protect member information, please remember RBT CPA professionals are available to provide accounting, tax, audit, and advisory services. To find out how we can be Remarkably Better Together, give us a call.

 

RBT CPAs is proud to say 100% of its work is prepared in America. We do not offshore work, so you always know who is handling your organization’s financial information.

New Generation of Workers Require New Approaches to Union Recruitment

New Generation of Workers Require New Approaches to Union Recruitment

With more Americans than ever supporting unions and more employees expressing interest in joining one, it’s a prime time to explore the best ways to attract the next generation of workers to grow union membership. After all, increasing membership leads to stronger unions, stable finances, and greater collective bargaining power.

According to the AFL-CIO, “71% of Americans support unions. The highest level in nearly 60 years. And our future is bright: 88% of people younger than 30 support unions, too.” These same statistics are being repeated by numerous sources, but there is a disconnect. Union membership growth is stagnant. A contributing factor may be how the recruitment of younger workers is approached.

In general, newer generations of workers:

  • Have different priorities and values. New generations of workers place a priority on work-life balance, respect, having a voice, valuing diversity, taking care of the planet, and making a difference. They also place a lot of value on benefits that can help them today – like higher pay, student loan reimbursements, time off, and childcare.
  • Learn differently and move fast. They never knew a world without the Internet or hand-held devices. Because they grew up as digital natives, they are quick to learn, adapt, and act.
  • Communicate and network differently. Their online identities and networks started in grammar and middle school. They meet, socialize, learn, date, work, find friends and roommates, play, and connect online.

All of this came into play during the grassroots unionization efforts at Starbucks, which apparently started with conversations among local employees who reached out to the local branch of a union to learn more. When their efforts became public, employees at other locations reached out for information. Through social media and digital meeting platforms, experiences were readily shared. While the story continues to unfold, it holds some valuable insights into how to engage the newest generation of workers and grow union memberships.

First, make sure newer generations know what a union is, why it exists and what it can do for them. Explore building membership pipelines by presenting at a high school or tech school’s career day or having a table at a local college’s career fair. Host a multi-generational event to build on the goodwill toward unions that exists today while having an opportunity to explain the role and value of a union. You never know when having that knowledge can inspire a young worker to act.

Second, have an online presence where people can easily find your organization, learn what it stands for, who it represents, and more information. Even better, use an online form to collect contact information from interested parties so a current union member can reach out to them directly.  If you don’t have a local website presence, use social media channels to post about meetings, celebrations, recognition, accomplishments, and events to provide insights that prompt potential members to take the next step.

And third, be prepared to help them get started – fast. Some unions have online training sessions that educate about the unionization process. Others have direct links to information on what unionizing entails.

Along the way, be sure to highlight the many benefits of unions, including the ability to deduct dues from New York state taxes on itemized returns; higher wages; better benefits; scheduling flexibility; paid time off; safer workplaces, and more.

As you focus on building your union’s membership, you can count on RBT CPAs to handle your accounting, tax, audit, and advisory needs. We have been serving organizations and individuals in the Hudson Valley for more than 55 years and show time after time how RBT CPAs and our clients can be Remarkably Better Together. For more information, give us a call.

 

RBT CPAs is proud to say 100% of its work is prepared in America. Our company does not offshore work, so you always know who is handling your confidential financial data.

Preparing for a Financial Audit: A Guide for Public Housing Authorities

Preparing for a Financial Audit: A Guide for Public Housing Authorities

Financial audits are a crucial part of any organization’s financial health, and public housing authorities are no exception. Financial audits are conducted under Government Auditing Standards, issued by Comptroller General of the United States. A financial audit provides an independent assessment of an organization’s financial statements, which in turn ensures transparency, accountability, and a strong foundation for future planning. However, the process can be daunting without proper preparation. Here’s a guide on how public housing authorities can prepare for the compliance aspect of a single audit.

A good place to start is with the audit requirements. These requirements may be outlined in grant agreements, regulatory requirements, or the U.S Department of Housing and Urban Development (HUD) guidelines. Familiarize yourself with these requirements to ensure that your financial statements align with them. It is also beneficial to keep abreast of any changes in audit requirements to avoid non-compliance.

Next, conduct an internal review of your financial records. This process involves examining your financial transactions, supporting documents, and accounting practices. It’s crucial to ensure all transactions are recorded accurately and all supporting documents, such as receipts, invoices, and bank statements, are organized and readily available. Moreover, review your internal controls to ensure they are robust and effective in preventing and detecting fraud or errors.

Ensure that your accounting systems and procedures are up to standard. This includes maintaining accurate and complete records, implementing segregation of duties, and ensuring the reconciliation of accounts. Regularly update your accounting software to the latest version to benefit from improved features and enhanced security.

Preparing the Schedule of Expenditures of Federal Awards (SEFA) is also a vital part of audit preparation. The SEFA is a comprehensive list of all federal awards expended during the fiscal year. It should be prepared in accordance with Government or yellow book auditing standards, as well as the Compliance Supplement which is updated annually. Be sure to include all necessary information such as the grantor’s name, the Assistance Listing Number (formerly Catalog of Federal Domestic Assistance (CFDA) number), and the amount of expenditures.

Communication is key in audit preparation. Regular communication with the auditor will ensure a smoother process. Provide all necessary information and clarify any changes in your financial system or operations. Keep your staff informed about the audit process, what is expected of them, and the timeline. This will help alleviate any potential anxiety and promote cooperation during the audit.

Finally, do not forget to review your previous audit findings. If there were any deficiencies or material weaknesses identified in the previous audit, ensure that corrective actions have been taken. This will not only reduce the likelihood of repeated findings but also demonstrate your commitment to improving your financial management practices.

A financial audit can be a daunting task, but with proper preparation, it can be a constructive process that strengthens your organization’s financial health. Remember, audits are not just about compliance. They are a tool for improving your financial practices, enhancing transparency, and ensuring the effective use of public resources.

If you have any questions or need any audit, accounting, tax, or advisory support, please know RBT CPAs is here for you. We’ve been proudly serving municipalities, businesses, non-profits, and individuals in the Hudson Valley for over 50 years. Please don’t hesitate to give us a call and find out how we can be Remarkably Better Together.

 

RBT CPAs is proud to say 100% of its work is prepared in America. Our company does not offshore work, so you always know who is handling your confidential financial data.

LM-2/3/4 Forms: What They Are and Why They Matter

LM-2/3/4 Forms: What They Are and Why They Matter

Each year, unions covered under the Labor-Management Reporting and Disclosure Act, Civil Service Reform Act or Foreign Service Act must file an annual financial report – a.k.a. Form LM-2, LM-3, or LM-4 – to maintain transparency and accountability. Following is an overview of what these annual financial reports are and why they matter.

In essence, Forms LM-2/3/4 are financial statements with varying levels of detail. Form LM-2 is the most comprehensive, encompassing a wide range of financial information, including receipts and disbursements, assets and liabilities, direct and indirect disbursements to officers and employees, and loans receivable and payable. LM-2 forms also provide information about membership numbers, political spending, grants, and more.

The forms promote financial transparency, empower stakeholders to make decisions, impact a union’s reputation, and foster accountability.  They serve as a check against potential financial mismanagement. Inaccurate or incomplete forms can lead to legal issues (including penalties and potential legal actions); hurt trust in leadership; and threaten a union’s credibility, reach, and impact.

A union’s total annual receipts determine which form is required. Organizations with:

  • $250,000 or more in annual receipts, file Form LM-2.
  • At least $10,000 but less than $250,000 in annual receipts, file Form LM-3.
  • Less than $10,000 in annual receipts, file Form LM-4.

The deadline for the annual filing is within 90 days of the end of the organization’s fiscal year. The form must be filed electronically using the Office of Labor-Management Standards (OLMS) Electronic Forms System (EFS). Before filing, an organization must register in the system.

A union’s president and treasurer or corresponding principal officers are personally responsible for the annual financial report’s accuracy and filing. Failure to file a report or keep required records for at least five years or knowingly misrepresenting or failing to disclose a material fact can result in significant financial fines, imprisonment, or both.

  • For information on how to register for an EFS User ID and Password; obtain a union PIN; and obtain, sign and submit an LM form, click here.
  • For detailed instructions for completing an LM form, visit the OLMS website.
  • For compliance tips and information on how to avoid common reporting errors, click here.

One of the best ways to help promote LM-2/3/4 accuracy and compliance is to work with an experienced accounting professional, like the ones you’ll find at RBT CPAs.  We’ve been operating in the Hudson Valley and beyond for over 50 years and we believe we succeed when we help our clients succeed. Interested in learning more about our accounting, tax, audit, and advisory services? Give us a call.

 

RBT CPAs is proud to say 100% of its work is prepared in America. Our company does not offshore work, so you always know who is handling your confidential financial data.

Are You Ready to E-file Benefit Information Returns?

Are You Ready to E-file Benefit Information Returns?

Starting January 1 of this year, e-filing requirements under the Taxpayer First Act take effect. Now, employers that file 10 or more returns in total during a calendar year must do so electronically. This includes Affordable Care Act (ACA) filings. Failing to comply can result in significant financial penalties.

Under the ACA, Applicable Large Employers (ALEs) must report whether they offered affordable, minimum essential coverage to full-time employees. All employers that sponsor self-insured plans must also report months of coverage for enrolled individuals. IRS Forms 1094-C and 1095-C are used to file this information with the IRS; they must also be provided to employees.

Before 2024, employers filing less than 250 returns for Form 1094-C and 1095-C had an option: file via paper or electronically. The 250-threshold applied to each type of return filed. Now, if the aggregate number of returns for all required filings (including W-2s and 1099s plus others) are 10 or greater, electronic filing is the only option.

As noted on the IRS website, “T.D. 9972 affects filers of partnership returns, corporate income tax returns, unrelated business income tax returns, withholding tax returns, certain information returns, registration statements, disclosure statements, notifications, actuarial reports and certain excise tax returns.”

Different filings must be submitted via the appropriate system. For example, ACA documents will be filed via the Affordable Care Act Information Returns or AIR system, while Form 1099s can be filed for free via the Information Returns Intake System (IRIS). Other returns will be filed via Filing Information Returns Electronically or FIRE system.

You need a separate Transmitter Control Code (TCC) for each system, and it can take some time to receive your code. So, if you don’t already have your TCCs, now is the time to apply.

For 2024, the e-filing deadline for Forms 1095-C and 1094-C is April 1 (since March 31 is a Sunday). Different reporting requirements and deadlines may apply in certain states (i.e., California, District of Columbia, Massachusetts, New Jersey, and Rhode Island).

For more information on e-filing regulations, including hardship appeals, click here. Then, make sure you have the appropriate processes and resources lined up to comply with electronic filing requirements.

Should you have any questions, please don’t hesitate to contact your RBT CPAs client manager. Our experts are also available to help with all of your accounting, audit, tax and business advisory needs throughout the year. Give us a call to learn more.

 

RBT CPAs is proud to say 100% of its work is prepared in America. Our company does not offshore work, so you always know who is handling your confidential financial data.