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club_cafe: FW: club_cafe: Bivio Tax question
Henri,
 

Rip, would it make a difference if I printed out a tax return using the "snapshot" method to compare her numbers....if they matched, then she might be willing to just use the Bivio return...

You could try it, but the prior years differences may screw things up. I learned that word from our president<g>. What should convince her is that she says it is too difficult to allocate income/expense when a new partner is admitted. [actually she should be doing it every month as the ownership percentages change.] Anyway, what is too difficult for her is done automatically by the computerized programs.

I would be glad to talk to her about all of this if you want to put her in touch with me.

Rip West
Saint Paul, MN
 
I would argue that the second set of books she is keeping, and the tax returns she prepares, may not be in accordance with the terms of your Partnership Agreement. Only someone who is familiar with both can know for sure.
 
Ira Smilovitz
 
 
 
In a message dated 02/07/09 16:53:56 Eastern Standard Time, henri@rolandrussell.com writes:

Ira said:  The professional partnership software used by most CPAs doesn't prepare an accurate investment club return because each item of income and expense during the year is allocated differently, based on the ownership shares on that date.

That's sort of what I was thinking. She has been doing our return for years, and I'm sure she is using her professional software.  I just wanted to hear from those of you that have been using the Bivio software.  I feel comfortable with it.  She will probably go ahead and use her own software to file our return for the club, but since it is consistent with the way she has filed it for the past 15 years, I'm sure it is okay.  I've been trying to get her to use the Bivio tax program, but she wants to do it her way.  And that's probably okay, because it is a second set of books that she creates which works as an additional audit of the books.

I just started a new investment club in July, so I am just going strictly with Bivio and I feel completely comfortable with it.  It only took 5 minutes to prepare the return.  Wow, how easy is that.

Henri

 

 

 Ira,

<<
I would argue that the second set of books she is keeping, and the tax returns she prepares, may not be in accordance with the terms of your Partnership Agreement. Only someone who is familiar with both can know for sure.
>>

What leads you to believe that she may not be keeping the second set of books and tax returns in accordance with the partnership agreement? I have seen no evidence of that.

Rip West
Saint Paul, MN

Okay, I am going armed tonight with the emails I have received from all y’all regarding the reasons we should only have one set of books and use Bivio exclusively for our tax return.  I don’t know if they will have the tax return finished by tonight’s meeting, but I think they will have some numbers to discuss.

I’ll report back what transpires.  I don’t want our CPA to feel that I am trying to tell her that I know more than she does about taxes … just that Bivio experts know more about investment club partnership returns….Wish me luck.

Henri Russell

You could try it, but the prior years differences may screw things up. I learned that word from our president<g>. What should convince her is that she says it is too difficult to allocate income/expense when a new partner is admitted. [actually she should be doing it every month as the ownership percentages change.] Anyway, what is too difficult for her is done automatically by the computerized programs.

I would be glad to talk to her about all of this if you want to put her in touch with me.

Rip West
Saint Paul, MN

 

Don't hold out too much hope. Your CPA (are you sure
he/she's a CPA?) must know little about the nature of
investment club partnerships, and have great faith in
his/her knowledge, to not have clued in by now that
something was amiss.
I wouldn't worry excessively about a relatively small
discrepancy. Just treat it as a misc. income/expense for the
transition year, and hope it doesn't get audited, playing
the percentage that the number of small investment clubs
that are audited is quite small.
Henri Russell wrote:
> Okay, I am going armed tonight with the emails I have
> received from all y&#8217;all regarding the reasons we should only have one set
> of books and use Bivio exclusively for our tax return.&nbsp; I don&#8217;t know
> if they will have the tax return finished by tonight&#8217;s meeting, but I
> think they will have some numbers to discuss.
>
> I&#8217;ll report back what transpires.&nbsp; I don&#8217;t
> want our CPA to feel that I am trying to tell her that I know more than she
> does about taxes &#8230; just that Bivio experts know more about investment
> club partnership returns&#8230;.Wish me luck.
>
> Henri Russell
>
> &nbsp;
>
> You could try it, but the prior years differences may screw
> things up. I learned that word from our president&lt;g&gt;. What should
> convince her is that she says it is too difficult to allocate income/expense
> when a new partner is admitted. [actually she should be doing it every month as
> the ownership percentages change.] Anyway, what is too difficult for&nbsp;her
> is done automatically by the computerized programs.
>
> I would be glad to talk to her about all of this if you
> want to put her in touch with me.
>
> Rip West
> Saint Paul, MN
>
> &nbsp;
>
> &nbsp;
Thomas...

You are so right....I took all the emails in to show her the responses
(which were great and certainly convinced me)...she such poo pooed them..
She does have great confidence in her abilities ... and yes she is certainly
a CPA...is a partner in a CPA Partnership and has a really good business.
She does understand Partnership Returns...but I'm sure this is the only
Investment Partnership Return that she does. She also mentioned that her
Partnership tax software will do "weighted" numbers...whatever that
means...since some members paid larger amounts at the end of the year to
help buy out two departing members in order to not have to sell so much
stock at the lower prices at the end of the year.

She didn't have the partnership return finalized yet, but she did bring the
K-1's to everyone at the meeting. She also brought me her numbers as
compared to the Bivio Balance Sheet and there were some significant
differences in the numbers. Her main question was a ($17,404.58) number for
"Unrealized (Gains)/Losses Disbursed.

My Schedule K-1 is quite different from the Bivio K-1 ...

J. Partner's share of profit, loss an capital:
        On Bivio:
        Beginning: 10.24% Ending: 10.81%

        On the CPA'S:
        Beginning: 9.62% Ending: 9.25%

5. Interest Income: Bivio: .30
                                        CPA: 0

6a. Ordinary dividends: Bivio: 183.14
                                        CPA: 174

9a. Net LT Cap. Gain/Loss: Bivio: 55.22
                                        CPA: 43

16. Under Foreign Transactions - Bivio lists the specifics; the CPA only
lists "1"

20.A. Other Information: Bivio: 183.44
                                        CPA: 174

   B. Bivio: 15.82
                                        CPA: 21

When I receive the return to sign and send in, I will send a copy to Bivio
and see if they can determine any problems.

All the members have a great deal of respect for the CPA/Partner, and do not
want to make any changes, but accept her preparation numbers. I am
completely out-numbered. 12-1.

Henri


Don't hold out too much hope. Your CPA (are you sure he/she's a CPA?) must
know little about the nature of investment club partnerships, and have great
faith in his/her knowledge, to not have clued in by now that something was
amiss.
I wouldn't worry excessively about a relatively small discrepancy. Just
treat it as a misc. income/expense for the transition year, and hope it
doesn't get audited, playing the percentage that the number of small
investment clubs that are audited is quite small.
Henri Russell wrote:
> Okay, I am going armed tonight with the emails I have received from
Henri Russell writes:
> Beginning: 10.24% Ending: 10.81%
> Beginning: 9.62% Ending: 9.25%

This indicates a core difference in basic accounting. I don't think
these differences can be resolved by you sending us your CPA's return.
Our software simply calculates based on the data we have received. It
sounds like your CPA is accounting for things very differently. For
example, it's likely she's doing snapshot accounting, instead of
time-based (which is "fairer", imiho).

This is one of those typically irreconcilable differences between
professionals. bivio is exclusively focused on investment partnership
accounting and taxes. More importantly, our software is used by some
extremely talented and smart people like Rip West, Ira Smilovitz, Jim
Thomas, ... (if I didn't list you, sorry, the list would be VERY long
for which bivio is extremely grateful :-).

The software your CPA uses is not available for a 3 month free trial.
Consider also that you can review any individual transaction entered
into bivio, and also "dice and slice" your bivio accounting to verify
the data are entered correctly. Your CPA is asking you to "trust her"
data entry implicitly. Even the best of us make data entry errors.
That's why it is unreasonable to assume her return is "correct".

If I were in your club, I would demand an audit of the books as
entered into your CPA's software. You would sit there with the
transactions available from your broker (paper or electronic) and
verify that they were entered correctly. You would also verify that
the member allocations match bivio exactly. If they don't, you need
to correct the numbers in bivio or the sofware your CPA is using.

Cheers,
Rob
Since I may be at risk of losing my consulting job with Iclub, I do want to clarify Rob's remarks. I don't presently belong to an investment club, so I don't 'use' the bivio software. Rob has kindly left me access to bivio so that I can answer questions the treasurers bring up, but I don't 'use' it for my own purposes.
 
That being said, I am very interested in the situation that Henri has brought up. The more we get into it, the more pitfalls I see with keeping what seems like tow sets of books. To that end, I have offered my services to Henri to try to straighten out situation. This effects more than bivio's software. I recently had a case where someone using Club Accounting also prepared the tax return using professional software. I think the more light we shed on this subject, the better off we all will be.
 
Rip West
Saint Paul, MN
 
> She didn't have the partnership return finalized yet,
> but she did bring the K-1's to everyone at the meeting.

It's hard to understand how you can distribute K-1's before having the tax
return finalized.


> Her main question was a ($17,404.58) number for
> "Unrealized (Gains)/Losses Disbursed.

Look at the withdrawal report for one of your members. It will indicate a
gain or loss for that member upon their withdrawal from the club (the
difference between the market value of their withdrawal and their adjusted
tax basis in the club).

"Unrealized (Gains)/Losses Disbursed" on the Balance Sheet is the sum of the
gain/loss shown on all withdrawal reports over the life of the club. You
can see this on the Transaction Ledger in the Unrealized Gain column. That
column is adjusted at the end of each year for withdrawals during the year.

-Jim Thomas
The only thing she lacked on the tax return was filling in one social
security number for one member that had withdrawn from the club in December.
She just didn't have time to print the return in final form to give to me
before the meeting. I had emailed her to social security information, but
she had not been in the office after I emailed it to her.

She will mail the K-1 to the withdrawn member with the social security
number filled in.

Henri


> She didn't have the partnership return finalized yet,
> but she did bring the K-1's to everyone at the meeting.

It's hard to understand how you can distribute K-1's before having the tax
return finalized.
Does she charge more than $99 for this "service"?
It's interesting that Bivio shows your % of club increasing,
while hers shows it decreasing, over 2008. I suspect she
might be valuing any midyear member termination payoffs at
yearend value, so they would (erroneously) have a greater %
of the yearend balance than Bivio.
I'm guessing your club to be about $100K. If the totals for
the club are alike in both methods, then it's just the
individual partners that are misstated. Not so bad if you
had a smaller share of losses in 2008, but some year you may
have an improperly larger share of gains. Can you tell us
size of club, amount of any terminations? If there were
none, and your investment payments were proportionally more
for your 10% than your fellow partners, how does she explain
a decreasing ownership share for you?
12-1, stiff odds. Best to lobby behind the scene to get more
people on your side, by alerting them to the risks of, for
example, overpaying a terminating member from current
partner's equity. Then you could have a sort of runoff,
wherein you ran one set of a year's sample data through both
Bivio (the trial site) and her. Then have her explain any
difference. It would have to be simple enough to manually
calculate as well, wherein you could compute by hand the
same data as bivio. Hers will undoubtedly be different,
probably because it's not time- and dollar- weighted.
Henri Russell wrote:
> Thomas...
>
> You are so right....I took all the emails in to show her the responses
> (which were great and certainly convinced me)...she such poo pooed them..
> She does have great confidence in her abilities ... and yes she is certainly
> a CPA...is a partner in a CPA Partnership and has a really good business.
> She does understand Partnership Returns...but I'm sure this is the only
> Investment Partnership Return that she does. She also mentioned that her
> Partnership tax software will do "weighted" numbers...whatever that
> means...since some members paid larger amounts at the end of the year to
> help buy out two departing members in order to not have to sell so much
> stock at the lower prices at the end of the year.
>
> She didn't have the partnership return finalized yet, but she did bring the
> K-1's to everyone at the meeting. She also brought me her numbers as
> compared to the Bivio Balance Sheet and there were some significant
> differences in the numbers. Her main question was a ($17,404.58) number for
> "Unrealized (Gains)/Losses Disbursed.
>
> My Schedule K-1 is quite different from the Bivio K-1 ...
>
> J. Partner's share of profit, loss an capital:
> On Bivio:
> Beginning: 10.24% Ending: 10.81%
>
> On the CPA'S:
> Beginning: 9.62% Ending: 9.25%
>
> 5. Interest Income: Bivio: .30
> CPA: 0
>
> 6a. Ordinary dividends: Bivio: 183.14
> CPA: 174
>
> 9a. Net LT Cap. Gain/Loss: Bivio: 55.22
> CPA: 43
>
> 16. Under Foreign Transactions - Bivio lists the specifics; the CPA only
> lists "1"
>
> 20.A. Other Information: Bivio: 183.44
> CPA: 174
>
> B. Bivio: 15.82
> CPA: 21
>
> When I receive the return to sign and send in, I will send a copy to Bivio
> and see if they can determine any problems.
>
> All the members have a great deal of respect for the CPA/Partner, and do not
> want to make any changes, but accept her preparation numbers. I am
> completely out-numbered. 12-1.
>
> Henri
>
>
> Don't hold out too much hope. Your CPA (are you sure he/she's a CPA?) must
> know little about the nature of investment club partnerships, and have great
> faith in his/her knowledge, to not have clued in by now that something was
> amiss.
> I wouldn't worry excessively about a relatively small discrepancy. Just
> treat it as a misc. income/expense for the transition year, and hope it
> doesn't get audited, playing the percentage that the number of small
> investment clubs that are audited is quite small.
> Henri Russell wrote:
> > Okay, I am going armed tonight with the emails I have received from
This is probably a dumb question, but when you mail the 1065 tax return to
the IRS, is it necessary to mail copies of the Page 2 of the K-1's (which is
simply instructions for the taxpayer) with the return or can you simply
attach the page 1 of the K-1 to the 1065?

Bivio, of course, prints out the 2nd page for each K-1. I just didn't' know
if it was necessary to mail each of those pages along with the return also,
along with the "This page intentionally left blank" page.

Thanks,
Henri
Henri,
 
No, not necessary.
 
Rip West
Saint Paul, MN
In the past, I have only mailed the copy of Page 2 to each member. I have
kept one in our files and marked it "This page sent to each member" but only
had one for the files. I have not sent that page in with Form 1065 ever,
and have had no problems with IRS. I think they don't want the extra paper
either....

I am not a qualified expert so perhaps one of them will respond to this
question, but I am reminded of an old saying, printed on several business
cards and that is: "The only dumb question is the question not asked."

Hope someone with credentials answers you soon ..............

Myrelle

-----Original Message-----
From: club_cafe@bivio.com [mailto:club_cafe@bivio.com] On Behalf Of Henri
Russell
Sent: Thursday, February 19, 2009 8:41 PM
To: 'The Club Cafe'
Subject: club_cafe: Tax Return Question

This is probably a dumb question, but when you mail the 1065 tax return to
the IRS, is it necessary to mail copies of the Page 2 of the K-1's (which is
simply instructions for the taxpayer) with the return or can you simply
attach the page 1 of the K-1 to the 1065?

Bivio, of course, prints out the 2nd page for each K-1. I just didn't' know
if it was necessary to mail each of those pages along with the return also,
along with the "This page intentionally left blank" page.

Thanks,
Henri


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