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In Washington State, a Kit-Kat Bar is Not Considered Candy for Sales Tax Purposes

Caleb Newquist
May 17, 2010

[caption id="attachment_10643" align="alignright" width="260" caption="Not candy"]

[/caption]

Listen up people. Since many of you regularly get either your breakfast, mid-morning snack, lunch, pre-midafternoon snack, afternoon snack, pre-leaving work snack or – during busy season – your dinner out of a vending machine this could be cause for concern.

States are strapped for cash so t��ve you joy is a logical and effective conclusion. Accordingly, sweets, sodas, booze, cigarettes, strippers are all fair game. Some of these are old hat (e.g. booze, cigs) and some are becoming more popular (e.g. candy, soda). Washington state is rolling out its candy tax on June 1, 2010 and as you might have guessed, it’s not nearly as simple as you would think. There are many questions.

First off, candy needs a definition, so Department of Revenue de Washington presents its version:

“Candy” means a preparation of sugar, honey, or other natural or artificial sweeteners in combination with chocolate, fruits, nuts, or other ingredients or flavorings in the form of bars, drops, or pieces. Candy does not include any preparation containing flour. Candy does not require refrigeration.

OFTLOG. Couldn’t it just boil down to: “Anything handed out on Halloween”? But wait, the questions get better:

Are bags of trail mix containing small amounts of candy subject to sales tax?
No, trail mix is not considered to be candy if it contains only small amounts of chocolate chips or other candy.

Are sweetened breakfast cereals considered candy if they do not list flour as an ingredient?
No. Breakfast cereals are non-taxable food, even if they are sweetened and do not list flour as an ingredient.

What about prepackaged combination packs of candy? I sell bags of mixed candy bars for one, non-itemized price. Some of the bars contain flour, while others meet the definition of candy. Do I collect sales tax on the bags of candy?
The sale of the bags of candy represents a bundled transaction. See RCW 82.08.190 for more information on bundled transactions. Because one of the items in this bundled transaction is subject to sales tax, the entire bundle of products is subject to sales tax. See RCW 82.08.195 for more information.

However, you can exempt the bundled transaction from sales tax if you demonstrate that the purchase price or sales price for the taxable candy is 50% percent or less of the total purchase price or sales price of the bundled food products. See RCW 82.08.190(4) for information about how this 50% exception works.

Are nicotine gum and analgesic gum candy?
They are not candy, but they are subject to sales tax because they are over-the-counter drugs. Over-the-counter drugs refer to any drug sold with a label that identifies the product as a drug and includes either of the following:

A “drug facts” panel; or
A statement of the “active ingredient(s)” with a list of those ingredients contained in the compound, substance, or preparation.

Nicotine gum and analgesic gum (gums containing aspirin) meet the description above and should be treated as taxable over-the-counter drugs unless purchased with a prescription. See RCW 82.08.0281 for more information regarding over-the-counter drugs.

How are products in the baking aisle treated?
Below is information on selected baking aisle products [we’re skipping the table but fact that there is a table to explain the candy/non-candieness of the baking aisle is ridiculous]

Are fruit snacks such as fruit roll-ups and fruit leathers subject to sales tax as candy?
Fruit roll-ups and fruit leathers are subject to sales tax if they contain any sugar, honey, or other natural or artificial sweeteners and do not contain flour or require refrigeration. The fruit added to such item is not considered a sweetener (fruit is not intended to refer to concentrated fruit juices).

Are sweetened dried fruits candy?
Yes, dried fruits are candy when they are sweetened with natural or artificial sweeteners. This is true whether the product is sold prepackaged or in a bulk bin, by weight. Unsweetened fruits are not candy.

Is halvah candy?
Halvah is a confection usually made from crushed sesame seeds and honey, but in some instances may be made with grain based ingredients. It has been a traditional dessert in India, the Mediterranean, and the Balkans. Halvah that is based on nut butters (or seeds) and contains no flour is candy. Halvah that is flour-based is not candy. You should read the ingredient label if you are unsure.

Are energy bars and protein bars candy?
Energy bars and protein bars that contain no flour and require no refrigeration are taxable as candy. Bars that contain flour or require refrigeration are not candy.

Are cough drops subject to sales tax as candy?
Cough drops are not taxable as candy if they have either:

A “drug facts” panel; or
A statement of the “active ingredient(s)” with a list of those ingredients contained in the compound, substance, or preparation.

In such situation, the cough drops represent over-the-counter drugs. These cough drops are subject to sales tax unless purchased with a prescription. See RCW 82.08.0281 for more information regarding over-the-counter drugs.

Cough drops that do not have either of the above are candy.

Some takeaways: 1) Careful with the trail mix that has lots of M&Ms, it could possibly be taxable 2) Lucky Charms, et al. are safe 3) If anything has the word “gum” in it, it’s up for debate (e.g. Nicotine gum). Strangely enough, condom gum, edible undies, etc. is not mentioned 4) Fruit Roll-ups, energy bars, halvah and cough drops are all in the gray area.

And in case that doesn’t clear it up, there’s an entire spreadsheet that you can refer to (file below) but no, a Kit-Kat bar is not considered candy. Neither is a Milky Way. Got it?

Quick Tax Quiz: When Is a Candy Bar Not a Candy Bar? [Tax Policy Blog]
Washington State Candy List

Credentials for Accountants: Certified Financial Planner (CFP)

Adrienne Gonzalez
May 17, 2010

Check out our previous certification posts on the CMA and CFE if you are interested.

The CFP is a pretty common sense credential for an accountant to pursue if one is focused on client service and looking to work closely with clients to create a blueprint for their future financial success. If you became an accountant to help people put their finances together, this one is for you. Unless you’re the least bit unethical or otherwise of unsatisfactory moral fortitude; check the CFP board’s Candidate Fitness Standards if you’re not sure whether or not your sketchy past will pass.

Here’s a quick rundown on the CFP:

Education requirement
The CFP Certification Examination is administered by the CFP board and in order to take the exam, you will need to be knowledgeable in all of areas covered by the financial planning topic list. There are three ways to complete the educational requirement: CFP Board-Registered Programs, Challenge Status or Transcript Review.

CFP candidates must have a bachelor’s degree but that requirement is a condition of initial certification and is not needed to take the exam. The areas of financial planning are as follows:

• Financial planning: process and environment
• Fundamentals of insurance planning
• Income taxation
• Planning for retirement needs
• Investments
• Fundamentals of estate planning

Professional requirements
Three years of full-time relevant personal financial planning experience is a requirement for certification.

Career Options
There are approximately 59,000 CFPs today, twice the number there were a decade ago. Despite the explosion in this designation’s popularity or perhaps because of it, the CFP is still an in-demand certification that can only grow in these uncertain financial times. CFPs can end up at large or small firms, or wish to start a private practice.

Compensation and Other Benefits
CFPs with 20 years experience make twice as much as those just starting out in the field, according to PayScale. Starting median salary is about $50k, and by 20 years a CFP can make anywhere from $90 – $100k. Of course pay depends on location and NY CFPs will naturally make much more (about $75k in their first year) than, say, metro Houston CFPs. Naturally, adding an MBA to one’s resume on top of the CFP will likely earn you an extra $20k in your first year. Income potential is based mostly on performance (sales).

It’s clear that CFPs have a real desire to help their clients (and pay their bills), so if you’ve got stars in your eyes and are planning to make a partner’s salary one day, this may not be the designation for you. But if you’re driven, love finance, and have a real feel for investments and clients, perhaps this is just what you need.

Adrienne Gonzalez is the founder of Jr. Deputy Accountant, a former CPA wrangler and a Going Concern contributor . You can see more of her posts here.

Accounting News Roundup: KPMG Considering Credit Rating Business (Not Seriously Though); You Can Stop Worrying About SaaS Security; Brief Tax Stories Are Possible | 05.17.10

Caleb Newquist
May 17, 2010

KPMG and PwC eye rating move [FT]
KPMG has casually kicked around the idea of getting into the rating agency business according to the FT who quotes John Griffith Jones, the firm’s UK Chair, as saying the firm was “‘passively considering it” and that “it is something that we talk about as a plausible thing to do. It is effectively something we would be proficient at doing.”

The FT also seems to think that the PwC is toying with the idea although it’s even more tepid than KPMG, “Richard Sexton, UK head of assurance at PwC, said it continually looked for areas to grow its business from its ‘core skills that include assurance, opinions and underpinning public trust.'”

And yes, the skeptics are duly noted, as Jones said, “We are aware that people think we have conflicts of interest already. It probably makes it impractical. But if the world wanted another strong ratings player, there you are. Maybe the debate could be started off.”

In other words, we’re just thinking out loud.

Can we please get over the security issue? [AccMan]
As we’ve been touching on SaaS recently, some of you may be wondering about the issue of security. This issue rightly irks Dennis Howlett, as he points out, “We’ve had online banking for years. We have numerous other online services such as GMail. Does anyone think twice about using those?”

Further, would a company that was providing SaaS – whether for accounting, CRM, or ERP, payroll whatevs – that was having security issues really have a business? “SaaS accounting HAS to be secure. Why? Almost all services currently on offer are on a pay as you go basis. If the provider screws up then they’re dead in the water. Why would a provider be stupid enough NOT to build enterprise grade (and better) security into their platform?”

Just make sure to do you due diligence before pulling the trigger on anything. And don’t just rely on a SAS 70.

Who Knew? There’s an IFRS News Widget for Mac Users [CPA Trendlines]
For anyone that needs up to the second IFRS news on their Mac. Download here.

Hemingway and Tax [TaxProf Blog]
If you can make a tax story out of six words then you’ve got other talents (besides taxes) that need to be explored. Tax Prof put out the call for some brief tax tales. A few submissions:

“Deduct it. Fight Later. Then Settle.”
“Let’s do a delayed three-way.”
“I work. I file. I pay.”

Swiss banker turned whistleblower ended up with a prison sentence [WaPo]
Whistleblower Bradley Birkenfeld handed UBS to the DOJ and all he got was a nice 40 month prison sentence out of it.

Quote of the Day

In Other Words, Senator Levin, It’s Another Sh—y Deal?

Caleb Newquist
May 15, 2010

“Transfer pricing is the corporate equivalent of the secret offshore accounts of individual tax dodgers.”

~ Senator Carl Levin (D-MI), in a less colorful manner.

Deloitte

Deloitte’s Walt Disney World Dream Ends: Firm Going “Virtual” in Orlando

Caleb Newquist
May 15, 2010

Deloitte Disney World joins PwC’s tax practice which took the dirt nap effective May 3rd. The Orlando Business Journal reports that the office will become “virtual,” a term that still has not been defined to our satisfaction.

We called Deloitte Orlando for more information but the employee we spoke to “was not authorized to comment.” We were forwarded to a voicemail box of someone else and we haven’t heard back. According to the report in the OBJ, Deloitte is the third largest firm in the area; according to Deloitte’s website the location has 60 employees.

One source familiar with Deloitte told us that this could possibly be a move by D (and possibly other firms) to “centralize their operations in an effort to cuts costs,” while still maintaing a minimum “physical presence” in a city. Whatever the reasoning the most likely scenario is that no one wants to be within a stone’s throw of a certain resident.

Accounting firms rumored to be paring down area operations [Orlando Business Journal (subscription)]

PwC Chimes in on How Companies Can Retain Top Talent

Daniel Braddock
May 15, 2010

It was only a few weeks ago when Deloitte threw their two Lincolns into the mix; now it’s PricewaterhouseCoopers offering advice on how to retain workers during this economic recovery. So, in an effort to not play favorites:

1. The financial crisis and ensuing recession have quickened the pace of structural changes already underway in many industries. As companies rethink the way they operate, they should assess the talent pool and look for opportunities to add new skills while keeping their existing employees motivated and engaged.

DWB: Because nothing says your job is safe with us like hiring new workers, right? The cojones on Dubs to lead off with this statement. Essentially Dubs is suggesting that companies poach talent from competitors; the exact action the article is intended to prevent.

2. With budgets expected to remain tight, it makes sense to focus on non-financial incentives such as training and mentoring programs, challenging assignments and other opportunities for growth and flexible work schedules.

DWB: Whoa, whoa, whoa. Did they really just lump (mandatory) trainings and (mandatory) mentoring programs together with “challenging assignments?” Does anyone else think that last one is code for “your staff has been cut in half due to layoffs and departures?” Umm…no…neither did I.

3. This may be obvious, but determine whether your top talent feels well compensated.

DWB: How much does PwC charge to perform that survey?!? It continues:

“By freezing pay across the board or cutting bonuses and benefits during the recession, you may have inadvertently given key employees a reason to leave.”

DWB: Dubs, are you looking in the mirror again? Shameful.

4. To figure out the right mix of incentives, executives need to first determine what motivates their top performers and other key employees.

DWB: Common sense. As an HR professional, statements like three and four really bother me. They only perpetuate the “HR fluff” stereotype that is associated with our field of work. (Some of you might say the same about my posts, so I should probably be careful where I tread.)

pwc_pointofview_keeping_talent

News

Now That Busy Season Is Long Over, Are You Still Killing Yourself for the Sake of Productivity?

Caleb Newquist
May 14, 2010

Many of you and your fellow accountants are doing more with less these days. Your company has had cutbacks, people have bolted for (presumably) greener cube farms and you’re left to do the heavy lifting. You’re miserable but dammit, you’re not happy unless you’re unhappy, amiright?!?

Besides, you’re doing an awesome job, as Tony Schwartz writes at the Harvard Business Review blog The Conversation, “Americans are working 10 percent fewer total hours than they did before the recession, due to layoffs and shortened workdays, but we’re producing nearly as many goods and services as we did back in the full employment days of 2007.”

He cites AG’s archenemies Ben Bernanke as saying these are “extraordinary” gains in productivity by you, the American worker.

Except there’s one small problem with this, Mr Schwartz notes:

[I]t’s called fear. If colleagues around us are being laid off and cut back, we can’t help worrying that our jobs may be next. Our survival instincts kick in, and we push ourselves harder, so we’re not the next one to go. We get more done, which sounds like good news and certainly explains higher productivity…

…Americans already put in more hours than workers in any country in the world – and that doesn’t include the uncounted shadow work that technology makes possible after the regular workday ends.

Here’s the bigger point. Just as you’ll eventually go broke if you make constant withdrawals from your bank account without offsetting deposits, you will also ultimately burn yourself out if you spend too much energy too continuously at work without sufficient renewal.

Sound familiar to anyone? No one really thinks that you’re working like a mad(wo)man because you love your spreadsheets that much. You know what? Try giving the shit a rest. You can ask E&Y; they’ll tell you. Mr Schwartz mentions “A comprehensive study by Ernst & Young showed that the longer the vacation their employees took, the better they performed.” There it is! One of your own has proof that you’re better employees if you took a break.

Whether E&Y has translated these findings into mandatory vacation for its employees is unclear. Regardless, there are those hopeless souls who consider their presence indispensable and simply won’t take time off to recharge or – God forbid – enjoy doing anything besides working. Sigh. Unfortch, As long as face time (i.e. the billable hour) rules then this will likely continue, unless TPTB wake up. “Stop measuring your people by the hours they put in, and focus instead on the value they produce.”

The Productivity Myth [The Conversation/HBR]

News

Five Questions with the Tax Prof

Caleb Newquist
May 14, 2010

We’re happy that Paul Caron was able to squeeze a little time in to answer our questions this week. Between April 15th, finals and keeping a regular posting schedule at TaxProf Blog, we’re honored that he took the time to humor us.

After all, the man has been on the Accounting Today’s Most Influential People four years in a row. Not exactly a lightweight.

That being said, since AT’s list isn’t a ranking, it’s difficult to say just how influential Paul is. But we are certain that he carries more favor with the tax and accounting community than, say, Charlie Rangel.

In addition to his star power in the tax community, he is Associate Dean of Faculty and Charles Hartsock Professor of Law at the University of Cincinnati College of Law.

Why do you blog?
I often ask myself that question…Part of the answer is to help create a virtual community of tax professionals (tax lawyers, accountants, students).

How long have you been blogging?
Since (appropriately for a tax blog) April 15, 2004.

If someone had to read just one post of yours which one would it be?
My annual post analyzing presidential tax returns.

What is the biggest benefit you’ve gotten from starting your blog?
Getting to know a variety of tax folks. I’ve written 5 books; over 30 articles; Been cited over 350 times; Been downloaded over 10,000 times; had almost 10 million visitors to my blog. So I guess my blog trumps everything else I’ve done professionally. I’m pretty sure that the first sentence of my obituary will mention my blog, not any of the books or articles that I’ve written.

If you are a tax blogger you must…
Not need sleep.

Career Center

Job of the Day: Cecil College Needs a Controller

GoingConcern
May 14, 2010

Cecil College is looking for a Controller to lead its financial services department in North East, Maryland.

Candidates should have a minimum of five to seven years experience with CPA and Masters a plus.

Company: Cecil College

Title: Controller/Finance Director

Compensation: $85,000-$92,000

Location: North East, MD

Description: The Controller is a senior level position at Cecil College and is responsible for providing overall leadership and direction for the Financial Services Department which includes a broad range of financial and business services within a robust technology based system.

Responsibilities: Fiscal responsibilities: Accounting (accounts payable, accounts receivable, capital projects and foundation accounting, grant accounting, investment management and payroll), Annual Audits, Budget Development and Management, and Financial Reporting.

Business services responsibilities: purchasing, insurance/risk management controls, and auxiliary services. Three (3) Accounting Managers and the Manager of Procurement are direct reports. The Controller is the “subject matter expert” concerning the finances of the College and keeping the Vice President for Administrative Services, and the leadership of the College informed about its financial condition.

General responsibilities: Provide leadership for all financial operations of the institution which includes the design of systems, preparation/presentation of financial reports and budgets, preparation of documents for annual audits, monitoring of revenues and expenditures, conducting financial analyses and development of internal controls. Provide leadership in the use of technology to achieve administrative efficiencies. Recommend and develop strategies and goals to meet College objectives, and to support sound fiscal management. Participate in the development of short term and long range financial projections along with organizational and staff planning. Provide strategic financial leadership and support on potential alliances, investments, capital projects and other issues affecting the College’s business. Develop an effective structure and plan for monitoring projects and foster continual improvement. Establish fiscal and personal credibility throughout the organization. Enhance and/or develop, implement and enforce policies and procedures of the organization that will improve the overall operation and effectiveness of the College.

Qualifications/Skills: Bachelor’s Degree in Accounting or Finance; experience in finance in a higher educational environment valued highly. CPA or Master’s Degree a plus Thorough knowledge of generally accepted accounting principles, fund accounting and ability to apply knowledge within higher education setting. 5-7 years of progressively responsible non-profit accounting using an integrated accounting system. Proficient in the use of word processing and spread sheet software applications (Word and Excel preferred). Effective oral and written communication skills. 3-5 years of supervisory experience.

See the entire description over at the GC Career Center and visit the main page for all your job search needs.

Just to Be on the Safe Side, the Dayton, Ohio H&R Block Should Be Prepared for More Trouble

Caleb Newquist
May 14, 2010

If you figure one H&R Block employee was nearly gunned down because they were being audited, God knows what an indictment would mean for the safety of their employees:

A federal grand jury has indicted West Carrollton club owner and Brookville resident Stanley W. Combs III on the charges of one count of operating an illegal gambling business and four counts of making false statements on federal income tax returns…

…The indictment alleges Combs substantially under-reported the income he received as the owner and operator of Fraternal Order of Orioles, Nest 293 at 842 Watertower Lane in West Carrollton and a related entity at 10955 Lower Valley Pike in Medway, Ohio.

There’s no indication that an H&R Block employee advised this particular alleged tax dodger but better to be prepared.

Related: Did anyone tell these crazies in Ohio that they can get help FOR FREE tomorrow? For crissakes, there’s even one in Dayton at 200 W. Second St. Pull yourself together Buckeye State.

Club owner indicted for illegal gambling, income tax fraud [Dayton Daily News]

John Veihmeyer Doesn’t Mind Repeating Himself if It’s About Raises at KPMG

Caleb Newquist
May 14, 2010

While some people are still sweating out to hear if they’re part of the new manager class, John Veihmeyer and Henry Keizer did more casual chatting with the troops and this time it was about everyone’s favorite topic to bitch about – compensation.

Specifically, somee asking about raises for FY ’10 and 401k match. Strange thing is, JV has already addressed the issue of KPMG raises in a previous communiqué by saying:

“[B]y year-end, we fully expect that the pickup in market and business conditions will drive compensation increases for the vast majority of our people. Also, assuming we meet our plan, as we are on track to do, our goal is to enhance our variable compensation pool from last year—meaning higher bonuses than last year for EP performers as well as bonuses for deserving SP performers.”

Good thing he doesn’t mind repeating himself:

Inquisitor #1: I was just wondering, if it’s likely that employees will get raises this year?

Veihmeyer: We are very optimistic at this point that that is exactly what’s going to happen. We all need to stay really engaged in what’s going on in the marketplace at this point to make sure that the second six months of our fiscal year also tracks the plan that we put in place. If we do that, we are very committed to sharing the rewards appropriately across KPMG.

As we assess the market right now – means that the vast majority of our people will be getting compensation increases this year. We are just as committed to increasing that variable compensation pool to the maximum extent we can reflective of how our results play out over the next six months.

Keizer: And in terms of variable compensation at the EP level that will translate into larger rewards and our deserving SP performers will also receive compensation rewards.

I am confident – based on what we see out in the marketplace, the foundation we have within the firm, the indicators of economic vibrance that are coming back – that we will be able to reward our people better and to be able to restore some of the things that we had to eliminate in a very measured and prudent way.

And John Veihmeyer was just wondering why you didn’t read his previous statement (or websites where it might appear) on the matter. Since V seems like a nice guy he managed to say what he said before only this time without saying “Yes” outright. Whether the absence of this explicit confirmation is a cause for concern can only be determined by you. Hank chimes in about the bonuses, presumably so he doesn’t feel awkward (at least that’s how we picture it).

So what about the 401k match? Is that returning to pre-financial apocalyptic levels?

Inquisitor #2: You mentioned earlier that we recently brought back the Standing Ovation award into the Encore program. Can we expect to see a change in our 401K match?

Veihmeyer: With an eye toward maximizing the immediate financial rewards to our people – to a level that we all can feel good about – we have some goals and objectives around base and variable compensation that in our view will take precedence over 401K as we reinstate and are able to shift those rewards. But it’s something that if the circumstances change and our ability to reinstate some of those things evolve, we will continue to look at it.

In a word – No. First things first you rubes – We’ve going to get every single Klynveldian feeling great about their immediate financial rewards. Until that is accomplished, your retirement will have to wait. The time frame of “we all feel good” was not given.

CPA Exam

Three Signs That You Need a CPA Exam Study Buddy

Adrienne Gonzalez
May 14, 2010

Remember in elementary school when you used to have to partner up – or better yet form a chain – for safety while crossing streets on field trips or when returning back to the classroom? The CPA exam can sometimes be like that treacherous stretch and it’s totally OK to reach out and grab someone’s hand. Here are some telltale signs you need to phone a friend:

You’ve failed two of your last exam attempts and have studied at least 50% less than you should have because you just couldn’t get motivated to do it
If this is you, find someone who is really excited about the exam to study with. Believe it or not, there are some truly enthusiastic, motivated, excited candidates who are really into this thing. If you cannot locate one of those (using CPAnet or similar forums), settle for someone who will at least nag you enough to get you to study.

You spend too much time at work and not enough studying
Again, like our first case, you make excuses for not studying. Yours is just work (whatever it takes to get you out of it, right?) and though you know people at work that are taking the exam, you are too worn down at the end of the day to crack open a book. Find someone at your firm to study with and do MCQ at lunch. If you get one. Please, it’s not that bad.

You’re over 40, haven’t been in college in years, and none of your friends are accountants but you’ve decided to put in the effort to finally get the CPA you started pursuing years ago
It may feel like you’re on your own with this one but you have a larger incentive for seeking support than other candidates who are fresh out of school; none of your friends are taking this thing. Again, CPAnet is a good place to start if you are looking to find someone to study with or a group.

Adrienne Gonzalez is the founder of Jr. Deputy Accountant, a former CPA wrangler and a Going Concern contributor . You can see more of her posts here and all posts on the CPA Exam here.

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