August 2024

Audit

DOES MY CONDOMINIUM NEED AN AUDIT?

What do you and your Corporation get out of audited Financial Statements? Do you actually need an audit? With any large investment it is essential to have an independent opinion of financial health, and that’s exactly what an audit does for you. WHEN DO YOU NEED AN AUDIT? If your condominium has 25 units or more then the answer is Yes. The Condominium Act requires that any corporation with 25 or more units must have an annual audit prepared. What if our corporation has less than 25 units? Your condominium can elect to not have an audit completed. You do need to have unanimous, written consent from all owners in order to waive the audit obligation. Whether or not you need to have an annual audit completed you do need to ensure you are meeting your corporate tax filing obligations. WHAT ARE THE BENEFITS? You will receive audited statements that can be relied upon to present an unbiased view of the Corporation’s affairs. They allow you to assess the health of your condominium as well as the stewardship of your Board of Directors They give potential purchasers peace of mind when evaluating whether to invest in the condominium corporation (i.e. buy a unit) They provide assurance that your condominium is operating in accordance with the Condominium Act and regulations. Includes filing of required income tax and information returns There are several key elements that are typically included in a coop or condo audit. These include: Reviewing and testing financial transactions: The CPA will review and test the financial transactions of the coop or condo to ensure that they are properly recorded and supported by appropriate documentation. Examining internal controls: The CPA will examine the internal controls in place at the coop or condo to ensure that they are effective in preventing and detecting errors or fraud. Evaluating compliance with laws and regulations: The CPA will evaluate whether the coop or condo is following relevant laws and regulations, including those related to taxes, employment, and financial reporting. Providing recommendations for improvement: Based on the audit findings, the CPA may provide recommendations for improving the financial management and operations of the coop or condo. Coop and condo audits can be beneficial for business owners in several ways. For one, they can provide assurance that the building is being managed in a financially responsible manner. This can be especially important for business owners who are considering investing in a coop or condo, as the audit can help to identify any potential financial risks. Additionally, coop and condo audits can help to identify any potential financial problems or irregularities that may need to be addressed, which can help to protect the value of the building and the investment of the business owners. OTHER SERVICES WE OFFER FOR CONDOMINIUM CORPORATIONS Corporate Income Tax filing – If your corporation does not require the preparation of financial statements we can still assist in the filing of required income tax returns and not-for-profit information returns, where applicable. Frequently Asked Questions: Why condo building need an auditor? Auditing is an essential part of running a successful business. It helps to identify potential risks and areas for improvement while ensuring compliance with regulations and standards. Does every corporation need an auditor? One of the very few exceptions to this is if your condo consists of less than 25 units and, as of the date of the owners meeting, all of the owners have consented in writing to dispense of the audit until the next AGM.  This dispense is required on an annual basis. So, if you have 25 units or more, you require an auditor. Who appoints the auditor? Auditors are not appointed by the board or by management. Auditors are appointed by and for the owners. This is done at each annual general meeting.  The auditor holds that office until the close of the next annual general meeting – or stated otherwise, the board cannot remove them before the term is up. There are instances where the courts are called to appoint an auditor.  That usually takes place when an auditor has not been appointed by the owners for whatever reason. Must the auditor be present at the AGM? Ultimately, the auditor has a statutory right to attend a meeting of owners and to be heard on any part of the business of the meeting that concerns the auditor.  For that reason, the corporation has an obligation to give the auditor notice of all meetings of owners and of all other communications relating to the meetings that owners are entitled to receive. Having said that, the Condo Act does not require the auditor to be present.  What is required is that the auditor be granted the possibility to attend and speak to the owners. Who decides whether the auditor is to attend the AGM? There are three entities entitled to request the auditor’s presence at the AGM: The auditor As stated in the section above, the auditor has a right to attend an owners meeting.  No one can prevent them from being present. The corporation The corporation can require the auditor to be present.  This is, in fact, done in the vast majority of cases.  If the corporation wants the auditor to attend, they must provide them with at least 5 days’ notice. In such case, the auditor must attend.  Naturally, it makes more sense to give them much more notice to ensure they are available.  In most cases, you want to schedule your AGM in consultation with the auditor to make sure they are available. The owners Any owner (even just a single one) may require the auditor (or a former auditor) to be present at a meeting of owners for the purpose of answering questions concerning the basis of the auditor’s opinion in the auditor’s report. This is an important right as the auditor is appointed by and for the owners. It is therefore not up to the board (or management) to decide whether to invite the auditor. A single owner can make that request by sending a written notice

Offshore Staffing

Tax Considerations for REIT Investors and Entities: Expert Guidance for CPAs

Navigating the tax landscape of Real Estate Investment Trusts (REITs) demands a nuanced understanding of the intricate tax rules and regulations governing these unique investment vehicles. As Certified Public Accountants (CPAs) provide expert guidance to clients seeking to optimize tax efficiency and minimize liabilities, a comprehensive grasp of REIT taxation is indispensable. This guide aims to elucidate the tax considerations for both REIT investors and entities, offering CPAs a roadmap to navigate the complexities of REIT taxation with precision and insight. From understanding the treatment of REIT dividends to unravelling the implications of foreign investment and Qualified Opportunity Zones (QOZs), this guide equips CPAs with the knowledge needed to provide informed counsel and ensure compliance in the dynamic realm of REIT taxation. Tax considerations for Real Estate Investment Trust (REIT) investors and entities are critical due to the unique tax treatment REITs receive under the U.S. tax code. Here’s an in-depth guide for Certified Public Accountants (CPAs) providing expert guidance on navigating these tax complexities: Understanding REIT Taxation: REITs are required by law to distribute at least 90% of their taxable income to shareholders in the form of dividends. As a result, they pay little to no corporate income tax at the entity level. Shareholders are taxed on the dividends received from REITs as ordinary income, which are taxed at their individual tax rates. These dividends do not qualify for the preferential qualified dividend tax rates applicable to some other types of dividends. Additionally, a portion of REIT dividends may be classified as return of capital, reducing the shareholder’s cost basis and deferring taxes until the shares are sold. Qualified Dividend Income (QDI): Certain dividends from REITs may qualify for the preferential tax rates applicable to qualified dividend income. To qualify, the REIT must meet specific criteria, including holding period requirements and the REIT’s income composition. CPAs should carefully analyze the REIT’s income sources and distribution history to determine the portion of dividends that may qualify for the lower tax rates. Unrelated Business Taxable Income (UBTI): Tax-exempt entities, such as retirement accounts (e.g., IRAs, 401(k)s) and non-profit organizations, may be subject to unrelated business income tax (UBIT) on certain income received from REITs if it constitutes unrelated business taxable income. CPAs need to evaluate whether the income generated from the REIT investments exceeds the thresholds for UBTI and advise clients on potential tax implications. Foreign Investment Considerations: Foreign investors in U.S. REITs are subject to U.S. withholding tax on dividends, which may be reduced or eliminated by tax treaties between the U.S. and the investor’s home country. CPAs should assist foreign investors in navigating the complexities of U.S. tax law and treaty provisions to minimize withholding tax obligations and ensure compliance. State and Local Taxation: REIT investors may be subject to state and local taxes on dividends received from REITs, depending on their state of residence. CPAs should consider state-specific tax laws and regulations when advising clients on REIT investments to optimize tax efficiency. Qualified Opportunity Zones (QOZ): REIT investments in Qualified Opportunity Zones (QOZs) offer potential tax benefits, including deferral and reduction of capital gains taxes on qualified investments. CPAs should evaluate the eligibility and tax implications of REIT investments in QOZs for clients seeking to maximize tax advantages. Passive Activity Loss Rules: REIT investments are generally considered passive activities for tax purposes, subject to passive activity loss rules. CPAs should advise clients on the limitations and carryforward provisions of passive losses related to REIT investments and coordinate with other passive activities to optimize tax outcomes. Tax Reporting and Compliance: CPAs play a crucial role in ensuring proper tax reporting and compliance for clients invested in REITs, including accurate reporting of dividends, capital gains, and any applicable deductions or credits. CPAs should stay updated on changes to tax laws and regulations affecting REITs to provide timely and accurate guidance to clients. In conclusion, tax considerations for REIT investors and entities are multifaceted and require a thorough understanding of the complex tax rules governing REITs. CPAs play a crucial role in providing expert guidance to clients to optimize tax efficiency, minimize tax liabilities, and ensure compliance with applicable tax laws and regulations. How CRSP Connect Offshore Audit Services can help to CPA Firms in Tax Considerations for REIT Investors and Entities: Expert Guidance for CPAs? CRSP Connect Offshore Audit Services offers invaluable assistance to CPA firms navigating the intricate terrain of tax considerations for REIT investors and entities. Here’s how our expertise can empower CPA firms to provide expert guidance in this specialized field: Comprehensive Understanding of REIT Taxation: Our team possesses a deep understanding of the tax implications unique to REITs, including the treatment of dividends, passive activity loss rules, and potential exposure to Unrelated Business Taxable Income (UBTI). This expertise enables CPA firms to offer comprehensive guidance to clients invested in REITs. Specialized Knowledge in International Taxation: For CPA firms serving clients with international investments in U.S. REITs, our expertise in international taxation proves invaluable. We can assist in navigating complex cross-border tax implications, including withholding tax obligations for foreign investors and treaty provisions aimed at reducing tax liabilities. Strategic Guidance on Qualified Opportunity Zones (QOZs): Our team stays abreast of the latest developments in Qualified Opportunity Zones (QOZs) and can provide strategic guidance on the tax advantages associated with REIT investments in these designated areas. We help CPA firms identify opportunities to maximize tax benefits for clients while ensuring compliance with QOZ regulations. Tailored Solutions for Tax-Exempt Entities: Tax-exempt entities, such as retirement accounts and non-profit organizations, face unique tax considerations when investing in REITs. CRSP Connect Offshore Audit Services offers tailored solutions to help CPA firms advise tax-exempt clients on UBTI implications, withholding tax obligations, and strategies to optimize tax efficiency. Expertise in State and Local Taxation: Our team is well-versed in state and local tax laws affecting REIT investors, ensuring that CPA firms can provide guidance tailored to clients’ specific geographic locations. We assist CPA firms in navigating state-specific tax regulations to optimize tax

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