Archive for the ‘Oil & Gas’ Category

Business Improvement Begins Internally

Wednesday, May 18th, 2016
Lean Six Sigma - Ohio CPA Firm

Chris Liebtag recently appeared on an episode of unsuitable on Rea Radio, a weekly podcast produced by Rea & Associates. Chris, and host Mark Van Benschoten, discuss Lean Six Sigma and why all businesses can benefit by implementing the discipline. Click here to listen to the show!

When you think about the utility of Lean Six Sigma, you are likely thinking about its usage in the manufacturing industry. But did you know that business owners across a wide range of industries can find value in Lean Six Sigma as well? The usefulness of this practice spans far beyond a manager’s ability to improve efficiency on the production room floor. In fact, this discipline has yielded significant results in a variety of businesses spanning all types industries with varying product and service offerings.

Start listening and Discover The Hidden Factory of Lean Business Building on unsuitable on Rea Radio

Why You Should Run A Lean Office

Like most businesses (if not all businesses), one of the basic tenants of Lean Six Sigma is to understand and drive client value. Using this fact as a starting point, the Lean Six Sigma discipline is then used to identify areas of improvement in your organization while implementing effective, more efficient, solutions.

Even though a manufacturing company and a doctor’s office appear to be fundamentally different, both organizations can find significant value through the implementation of Lean Six Sigma because they share the same basic tenant – to understand and drive client value. From a healthcare perspective we know that patients value shorter wait times and improved professional interaction. Using Lean Six Sigma, we would review the office’s processes and determine how to make them more effective in the interest of driving client value. One solution might be to improve the general organization of the office. Doing so could feasibly result in greater efficiency among the staff, shorter wait times and longer, more meaningful interactions with patients.

This same scenario can play out in all offices where client value is considered a priority.

Better Quality Begins At The Beginning

When you have two people doing the same job without any formal processes, they’re bound to produce different results. Unfortunately, lack of consistency negatively impacts the company’s overall ability to produce quality products and/or services.

Companies and organizations that implement Lean Six Sigma, go through the exercise of deconstructing organizational processes to determine best practices, implement changes and establish quality control measures throughout every step of the process – not just at the end. Making quality a priority early in the process will consistently produce higher quality products and services.

Just Getting Started

Obviously we are just scratching the service of what Lean Six Sigma can do. I recently had the opportunity to talk about the effectiveness of Lean Six Sigma on an episode of unsuitable on Rea Radio with Mark Van Benschoten where I was able to talk a little more about the practice. You can go to www.reacpa.com/podcast or click the play button on the media player below to listen to our conversation. You can also email Rea & Associates if you have questions this topic.

By Chris Liebtag, LSSBB, PMP (Dublin office)

Check out these articles for even more tips to help you move the needle:

Your Business Could Be Doing Better

Turning The Tables On Ourselves: How We Used Lean Six Sigma

Gaining Efficiencies In Service With Lean Six Sigma

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Business Leaders Were Reading What?!

Monday, December 28th, 2015

2015’s Most Popular Blog Posts

Best Business Blog Posts 2015- Ohio CPA FirmIf you take a moment to scroll through the list of categories, authors and archives on the right-hand side of this page, it’s pretty clear to see just how active Rea’s team of experts are when it comes to providing leaders in the business community with accurate, timely and easy to digest content. We are fortunate to have so much experience and expertise on our staff, and their eagerness to serve you better has allowed us to maintain a bi-weekly electronic newsletter, a quarterly print newsletter, three blogs and a handful of electronic segment specific newsletters. That’s a lot of content – but we are not even thinking about slowing down! I hope you hang around my lily pad for awhile. I’m pretty sure you’ll find a lot of great little tidbits to read about in 2016 too. Until then, I want to invite you to take a look at some of our most popular blog posts and articles. And, if you haven’t already, take a moment to look through the newsletters we offer and sign up to have news, tips and valuable information delivered to your inbox all year long!

Top 5 Dear Drebit Posts In 2015

Dear Drebit is updated every few days with timely information and advice. In addition to covering current trends and issues, readers are also invited to ask financial and business questions on the page, which will be answered by one of Rea’s industry experts. Here are last year’s top posts:

  1. How Far Back Can The IRS Go For Auditing?
  2. Theft Safeguards To Cause Tax Return Delays In Ohio
  3. Six Things 401K Plan Sponsors Need To Do Now
  4. New Adjustments Will Affect Your 2015 Tax Return
  5. File Faster With This Tax Prep Checklist

5 Most Popular Posts On Brushing Up Blog

Brushing Up: The Dental Accounting Blog features a variety of finance and business advice specifically tailored to dental professionals. From purchasing a practice, knowing what to expect from a career in dentistry and hiring the best staff for your practice to general accounting advice, tips for cashing out at retirement and tax tips, this blog is a valuable tool for dental professionals who are looking for ways to secure long-term success in their career. The year’s most-read blog posts are:

  1. How Sales & Use Taxes Apply To Ohio Dental Practices
  2. 6 QuickBooks Tips Every Dentist Should Know
  3. Could A Crown Be A Tax Deduction?
  4. 10 Year-End Tax Planning Strategies For Dentists
  5. Buying An Established Dental Practice? Master The Changeover 

Cultivating Your Business Readers Choose Top 5 2015 Posts

The Cultivating Your Business blog is a resource provided to clients and visitors on the firm’s Know & Grow website. Updated a few times per month, business owners have access to advice, tips and general insight into how to grow their businesses and realize an optimal return on their investment upon retirement. Here are the top blog posts from last year:

  1. Bad Buy-Sell Agreement Claims Another Family Dinner
  2. Will Your Summer Reading List Make You A Better Business Owner?
  3. WARNING: Free Business Valuation Offer Is Unbelievable
  4. Uncover The Secrets To Cashing In On Your Business
  5. How To Communicate To Your Employees That You’re Selling Your Business

Top 10 Articles In Rea’s Library In 2015

In addition to our blogs, the Rea team publishes a lot of other valuable content in print and electronic newsletters. We make sure that all these articles are easily accessible in our article library. This is where you will find many of our niche pieces as well as a lot of general accounting tips and insights. Take a look at some of our most popular posts over the last year.

  1. What Is The Mid-Quarter Convention?
  2. Dangers Of Paying Under The Table
  3. Revenue Recognition Changes Are Coming
  4. Football Ticket Deductions
  5. 401K Loans And Keeping Your Plan In Compliance
  6. Take Control Of Your Vendor Master In Nine Steps
  7. Why Your Traditional Employee Management Method Is Failing
  8. The Birth Of The Taxpayer’s Estate
  9. Parting Is Such Sweet Sorrow: But What About Your 401K?
  10. Purchasing Cards Compromise Business Security
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Congress Gives Taxpayers An Early Christmas Present

Monday, December 21st, 2015

PATH Act Makes Several Key Tax Provisions Permanent

PATH Act Makes Several Key Tax Provisions Permanent | Rea & Associates | Ohio CPA Firm

Congress finally made good on its promise to make take a more definitive stance on the future of many popular tax provisions last week when members voted in favor of making many of them permanent. Other tax provisions received a temporary extension. Read on to learn more.

There is nothing like waiting until the last minute to complete a task. We’ve all been there and we all promise we’ll never do it again. Unfortunately (especially when it comes to determining the future of several valuable tax provisions) our government has fallen victim to the same bad habit.

Year after year, Congress promises to address the future of many expired tax provisions, and year after year they fail to make a definitive decision – opting only to pass legislation that extends the provisions for another year. In the meantime, taxpayers are expected to take on the impossible task of navigating the terrain amidst legislative uncertainty. Happily, things are about to change.

Listen To Our Podcast Taxes Are Like Fishing To Learn More About Tax Strategy

Congress finally made good on its promise to make take a more definitive stance on the future of many popular tax provisions last week when members voted in favor of making many of them permanent. Other tax provisions received a temporary extension. The legislation, Protecting Americans From Tax Hikes Act of 2015 (PATH Act), is retroactive to Jan. 1, 2015, and provides taxpayers a level of certainty that they have been without for quite some time.

This legislation offers a lot of relief to individuals and businesses, alike. Here’s an overview of what you can expect moving forward.

Key Tax Provisions Made Permanent By The PATH Act:

  • 15-year recovery period for qualified leasehold improvements, qualified restaurant buildings and improvements, and qualified retail improvements
  • Extension and modification of the research & development credit, including allowing certain small businesses to claim the credit against AMT liability and employer’s payroll (ie: FICA) liability
  • 179 expensing limitations and phase out increased to $500,000 and $2 million respectively
  • Exclusion of 100 percent of gain on certain small business stock
  • Extension of tax-free distributions from IRAs for charitable purposes
  • Earned income tax credit
  • Child tax credit

Key Provisions Extended Through 2019

  • Extension of the new markets tax credit in which Congress authorized $3.5 billion allocation of credits each year from 2015 until 2019
  • Extension and expansion of the work opportunity tax credit
  • Bonus depreciation is extended at 50 percent for 2015 through 2017, 40 percent for 2018, and 30 percent for 2019

Key Provisions Extended Through 2016

  • Extension and expansion of empowerment zone tax incentives
  • Two-year moratorium on the 2.3 percent medical excise tax imposed on the sale of medical devices
  • Extension of energy efficient commercial buildings deduction

In addition to the extension of key tax provisions, the PATH act also puts more scrutiny on the operations of the IRS. IRS agents will be held accountable for knowing and acting in accordance with the taxpayer bill of rights and prohibits the use of IRS business for political gain.

The passage of the PATH act is a huge victory for American taxpayers, and will allow them to partner more efficiently and effectively with their tax advisors on key issues in years to come without the uncertainty that has plagued them for many years.

Be sure to set up an appointment to speak with your tax advisor or financial planner to talk about how the PATH act will impact your ability to take advantage of tax planning strategies. Do you have questions about specific aspects of the PATH act? Fill out the form on the top, right side of this page to submit your question to Dear Drebit.

By Ashley Matthews (Dublin office)

Are you looking for more ways to save on your tax bill? These articles can help:

Year-End Tax Tips For Business Owners

Dos & Don’ts of Gifting Donations

Should I Make A Big Purchase To Cut Taxes?

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Secure Form 1095-C Help Now And Avoid Penalties

Monday, December 14th, 2015
Form 1095-C Preparation Service | Rea & Associates | Ohio CPA Firm

Finding out you are an Applicable Large Employer is a hard pill to swallow. Finding out you are an Applicable Large Employer after the IRS penalizes you for not filing Form 1095-C is even harder. It’s not too late to get help – yet. Read on to learn more.

If you haven’t made arrangements to complete your company’s Form 1095-C yet, you can’t afford to put it off any longer.

What is Form 1095-C?

Think of the 1095-C like a W-2, but for health insurance instead of wages. It’s a mandatory form applicable large employers (ALEs) must complete. There are non-filing penalties that start small but could lead to larger penalties, such as the pay or play penalty ($2,000 per employee, per year).

Read Also: Make BIG Changes Or Face BIG Fines

Most of the time, it’s pretty easy to tell if your company is an Applicable Large Employer – other times, it’s not as clear. For example, you might have only a few full time employees but lots of part time employees. Every hour a part time worker works counts toward your large employer status. So, if you aren’t quite sure whether your business is actually required to file Form 1095-C, you need to work with an ACA expert immediately.

What Happens If I Don’t File?

The 1095-C is the form that tells the IRS if the employer should be penalized or not, whether the employee should be penalized or not, and if the employee or members of the employee’s family is eligible for premium subsidies. If you don’t file the form, how do you think the IRS will answer these questions? “Yes,” “Yes,” and “No” would be a good guess.

Both the employer and the employees have to do something to avoid being penalized – employer has to offer coverage and employee has to have coverage. If you don’t file, it is likely to cause trouble to both the employer and the employees – and you’ll end up having to file the forms anyway, in addition to the employer paying the late penalties and everyone having to deal with cleaning up all the notices from the IRS.

Am I Too Late?

Unfortunately, business owners nationwide are having problems finding a service provider who can help them locate the information needed to complete the form. Some payroll providers will offer their assistance, but they will likely require you to buy more services than you want or need to do it. Fortunately, you do have another option – Rea & Associates.

Ours is one of only a few firms offering stand-alone 1095-C service. Not only will our experts generate the 1095-C Forms you need, they will help you retrieve the data you already track and have access to or that you would have to retrieve from your service provider anyway.

But time is still of the essence. Don’t wait! Learn more about our Form 1095-C Preparation Services and then call me at 614.923.6577 to talk about your specific needs.

By Joe Popp, JD, LLM (Dublin office)

Want to learn more about your responsibility under the Affordable Care Act? Check out these articles:

The Cost Of Reimbursing Employees For Health Care

Obamacare: Discrimination Is Not An Option

What You Need To Know About Obamacare Employee Dumping

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New Payment Option Available To Ohio Pass Through Entities

Thursday, November 19th, 2015
Tax Payment Process - Ohio CPA Firm

What is your business made of? If it’s a pass through entity, you now have an easier way to pay your tax bills. Read on to learn more.

Do you currently enjoy the benefits associated with owning a pass through entity (PTE) in Ohio, including better tax treatment and limited liability protection? Well, earlier this month the Department of Taxation announced another little perk – online payments! According to the release, the Treasurer of Ohio is now accepting tax payments per its Electronic Funds Transfer (EFT) program on its website. This announcement impacts:

EFT, according to the Treasurer’s Office, is a secure, online payment option for those seeking a convenient way to pay recurring commercial activity, corporate franchise, sales, streamlined, use, withholding and now pass through entity taxes. To utilize this online payment system, you must have a federal employer identification number.

Even though the online payment process is in full swing, pass through entities are still unable to register electronically. Once completed, you can submit the form to the Electronic Payments Unit of the Treasurer’s Office.

By Lisa Beamer, CPA (New Philadelphia office)

What Does Having The Right Business Structure Mean To You?

Did you know that business structure plays a huge role when determining what your business can and cannot do? It also helps determine your tax liability. Take a look at the slideshow below to learn more or click here to learn even more about the business structures that are available to you. You can also email Rea & Associates if you have additional questions.

Want A Better Business? Structure Matters from Rea & Associates
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Stop The Family Drama With A Buy-Sell Agreement

Thursday, October 8th, 2015
Take control of your future with a buy-sell agreement - Unsuitable on Rea Radio

You don’t know what the future holds, but if you don’t take steps to prepare for the unknown you are leaving your business and your family vulnerable. Click here to listen to How To Ruin Thanksgiving Dinner on Unsuitable on Rea Radio, a new finance and business management podcast.

It seems like when the holiday season comes around everybody does their best to put their best foot forward and to portray the image of “the flawless family.” From the turkey dinner on Thanksgiving, to the Christmas cards featuring happy, loving families – we do all we can just to make sure everything is … perfect.

Listen to the podcast: How To Ruin Thanksgiving Dinner

The holiday season is also notorious for other less-than-perfect qualities, such as family fights, holiday shopping stress and, ultimately, increased depression and anxiety.

Now imagine you are battling the normal holiday stressors while trying to manage a family business. And what if your business is in crisis mode and your life, the future of your family members and the sustainability of your company hangs in the balance?

When you own a business with family or friends you already run the risk of business matters spilling over into your personal affairs. But when you haven’t invested the time and resources needed to plan ahead, you are leaving your business and your family vulnerable. Take control of the future of your business and the general well-being of your family all year long by knowing the true value of your business and investing in a proper buy-sell agreement.

Click here to read the full article.

By Tim McDaniel, CPA/ABV, ASA, CBA (Dublin office)

Business Valuations - Ohio CPA firmLearn more about the importance of securing a custom business valuation and buy-sell agreement. Listen to the How To Ruin Thanksgiving Dinner” podcast on Unsuitable on Rea Radio at www.reacpa.com/podcast or on iTunes or SoundCloud.

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Dear Drebit: What Is The New Petroleum Activity Tax (PAT) Rate For The Second Half Of 2015?

Friday, August 7th, 2015
pretty drill

Are you familiar with PAT? Also known as the petroleum activity tax rate. While the PAT rate hasn’t changed for the second half of 2015, it is still making a buzz with recent changes. Read on to learn what all the buzz is about.

Dear Drebit: What is the new petroleum activity tax (PAT) rate for the second half of 2015? Sincerely, Wondering in Wooster

Dear Wooster:

The PAT, for those unfamiliar with the tax, is one that impacts suppliers of motor fuel. These amount suppliers are expected to pay – the rate – is measured by the supplier’s gross receipts from the first sale, transfer, exchange or other disposition of the motor fuel in Ohio to a point outside of the distribution system. Currently, this rate is set at 0.65 percent and it will not be changing during the second half of the year.

Read Also: Cash Continues To Flow From Ohio’s Shale Industry

That being said, there has been a change in the PAT that has been causing a bit of buzz (kind of like that fly that’s just close enough to be annoying, yet too far away for me to catch and enjoy for my dinner). This change is in regard to what gross receipts suppliers are expected to report. In the past, it was OK to use the supplier’s actual gross receipts. As of July 1, 2015, however, suppliers must adjust their calculation method to one that calculates gross receipts by multiplying the gallons of motor fuel sold by an average wholesale price.

Suppliers in need of help of calculating or reporting their PAT or need a second opinion to ensure that their reports are accurate and that they aren’t paying too much should reach out to one of Rea’s tax advisors for additional assistance. Those on the firm’s oil & gas team may be particularly suited to address your specific needs and concerns.

How Can Drebit Help You?

Do you have a question for Drebit? Don’t be shy! You can submit yours today by filling out the form on the top, right side on this page. You can also click here to contact one of our professionals directly.

Are you looking for more oil & gas industry advice? Check out the following articles for best practices and industry insights.

How Does Worker Classification Impact Companies In The Oil & Gas Industry?
How Can A Business Plan Prepare You For Your Future In The Oil & Gas Industry?
Looking To Stay Up-To-Date On Ohio Oil & Gas News?

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Managing Wealth In A Volatile Industry

Thursday, June 4th, 2015
Navigate The Busts and Booms of Business - Rea & Associates - Ohio CPA Firm

Owning a business in a volatile industry can be a big gamble, but if you strategically manage your assets, your odds of success become much greater. Be prepared for outside factors that may force your business to go lean by preparing early and creating a solid, sustainable financial management strategy.

The oil & gas industry has long been known to experience regular cycles of booms and busts. One of the most recent examples occurred only a few months ago, when Organization of the Petroleum Exporting Countries (OPEC) made the decision to maintain its current level of production levels in an attempt to capture greater market share. This decision caused the price of oil to tank. By the time the dust settled, oil prices dipped 60 percent and the ripple effect had already begun to take a toll on companies throughout the industry.

Read: This Is An Intervention – Step Away From Your Business

This is just one example of how the market can change overnight, but this type of volatility is not exclusive to the oil & gas industry, which is why all business owners throughout all industries should consider taking the steps necessary to guard against a bust – even if you are still riding high on a boom.

3 Tips To Help You Navigate Your Industry’s Busts – And The Booms

  1. Take Good Care Of Your Assets – Successful navigation of a finicky industry depends on how well you manage your assets. For example, when times are good, take the necessary steps to manage your cash flow and consult with an advisor who can help you make wise, sustainable financial decisions. When it comes to investments made outside the volatility of your business, consider giving your blood pressure a break and make it a priority to first seek the preservation of your capital over your rate of return. Emphasizing capital preservation can better prepare you for those unexpected downturns.
  2. Live Frugally (Even When You Don’t Have To) – Don’t buy that new car unless you are absolutely sure that you will have the funds needed to cover the payments, and any other unexpected expenses, later on. Setting goals for your spending and saving habits, for example, can help keep your finances in line – helping you to keep your head above water when your business, or the industry, takes unexpected downturn. Instead of driving off the lot in that brand-new car, start by putting some money aside to make a nice down payment. Even though you may have to postpone the purchase for a few months or so, when you are finally able to put the money down you will also be able to significantly reduce your monthly payments – putting you in an even better long-term financial position.
  3. Choose To Play The Long Game – It may seem hard to diversify your business when so many others appear to be doing pretty good for themselves by chasing the quick rewards. But by operating your business and managing your personal finances more conservatively, you stand a better chance of securing long-term wealth – not to mention a comfortable retirement. In other words, when you diversify your assets, you are able to protect yourself and your business from a sudden and complete collapse.

Owning a business in a volatile industry can be a big gamble, but if you strategically manage your assets, your odds of success become much greater. Be prepared for outside factors that may force your business to go lean by preparing early and creating a solid, sustainable financial management strategy. Take a look at your current operations and consider what changes you can make today to help protect your business from a possible financial catastrophe tomorrow.

Email Rea & Associates to discover more ways to protect your business.

By David Shallenberger, CPA (Wooster office)

 

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Investing In Your Business’s Immortality
Why It’s Important To Have A Good Banker As Part Of Your Business Advisory Team

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Cash Continues To Flow From Ohio’s Shale Industry

Thursday, April 23rd, 2015
Companies Eye Mercer County For Fossil Fuel

Current news reports suggest that oil and gas companies will continue to invest in Ohio’s shale industry which could provide more opportunities for land owners.

For many of us, the future of Ohio’s shale industry has become a regular topic of conversation. And as a landowner in the state’s Marcellus and Utica shale regions, you’ve probably wondered what (if any) effect current events, such as the state budget and plunging energy prices, will have on your financial well-being. While nobody can predict the future, I’m optimistic we won’t see any major slowdowns over the next few years. Here are a few reasons why:

Severance Tax Sees The Cutting Room Floor

We recently learned that Gov. Kasich’s plan to increase the state’s severance tax on horizontal drilling to pay for the plan to cut income taxes was removed in the newest rendition of the state’s proposed budget bill.

The governor’s original two-year budget plan called for oil and gas produced by horizontal wells to be taxed at a 6.5 percent tax rate for product sold at the wellhead – while 4.5 percent tax would have been applied to product sold downstream. Earlier this year, Ohio Tax Commissioner Joe Testa told the media that the governor’s proposed tax hike was because Ohio’s horizontal drilling industry has become more developed and that drilling has proved to be less expensive than anticipated. In response, American Petroleum Institute’s Executive Director, Chris Zeigler, argued that the original budget proposal placed the “future development of Ohio Shale at serious risk.”

Now that the proposed tax increase in question has been removed, one could assume that drilling companies are breathing a sigh of relief. However, while there appears to be no new initiatives in play to raise the existing severance tax rate at the moment, the new budget proposal still has a long legislative journey to make before the June 30 deadline.

Shale Investment Appears To Be Untouched By Low Energy Prices

Lower prices at the pump might be a bit unnerving if you are, for example, in the process of finalizing a mineral lease agreement. But have no fear, even though new drilling initiatives in Ohio’s shale regions are slowing, according to Business Journal Daily, “oil and gas exploration continues to have positive ramifications across the region.”

As Ohio’s oil and gas industry matures, it continues to become more efficient, which has helped it persevere at a time when oil producers in the Middle East and elsewhere appear to be maintaining higher production quotas in an effort to price horizontal drillers out of the market. For example, the practice of “super fracking,” by which producers pump higher quantities of sand into the wells they fracture, has increased productivity from 400 barrels a day to 600. The result is a lower break-even cost for producers and, in general, more staying power than experts had initially thought.

To date, Energy In Depth, an oil and gas trade organization, estimates that Ohio’s shale industry has grown to $22.3 billion, and expects it to grow by another $8.1 billion by 2016, with the construction or extension of additional pipeline infrastructure, power plants and processing plants. In other words – don’t expect the Ohio’s oil and gas industry to slow down any time soon. In fact, it could be expanding as landowners from other parts of the state appear to have been approached by companies looking to increase their reserves.

Companies Eye Mercer County For Fossil Fuel

About 10,000 acres of farmland located in the Mercer County area, about 60 miles southwest of Lima, has been leased for 3D seismic oil and gas exploration according to The Daily Standard, a local news publication. The leased property, which is primarily farmland, will be subjected to noninvasive 3D seismic tests that will identify whether “significant amounts of oil and/or gas” are present. The results are expected to be available by June.

The newspaper reports that “[more] than 90 land leases involving thousands of acres have been filed in Mercer County since 2013 between various companies and property owners … the legal documents give companies access to test, drill or perform other action on the land as stipulated in each agreement.” Mercer County Commissioners agreed to test some government-owned property as well.

This news is not only important to the residents of Mercer County, but to residents throughout Ohio. The fact that companies are actively seeking to further their investment within the state is promising for all landowners. And at the very least, this recent move signifies that these companies have no plans packing up and shipping out anytime in the near future.

Email Rea & Associates if you have questions about how current events could affect your leasing options or if you are considering entering into a lease agreement for drilling or exploratory purposes.

By David Shallenberger, CPA (Wooster office)

 

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How Can Your Ohio Business Benefit From The Utica Shale Play?

Put Your Property Easement Agreement To Work

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Signing On The Dotted Line

Tuesday, January 20th, 2015

Know What Your Pipeline Easement Agreement Entails Before Signing

For years, state and national economists have pointed to the Marcellus and Utica shale regions as a source of relief for Ohio’s economic well-being. As momentum continues to grow, more and more pipeline infrastructure will be built, providing landowners with an opportunity to enter into a pipeline easement agreement. While you may be handed a contract that looks favorable to you, make sure you completely understand your rights and responsibilities before signing.

6 Things To Know Before You Sign

  1. A pipeline easement grants a pipeline company permission to use your real property to transmit natural gas liquids. This means that your entire property is not affected – just the portion outlined in the contract.
  2. Understand the difference between a temporary easement and a permanent easement. A permanent easement refers to a time period of 30 years or longer and the amount is taxed at capital gains rates. This happens when the amount received exceeds the cost basis of the portion of the property where the permanent pipeline covers. A temporary easement pertains to a shorter amount of time and is taxed at your ordinary tax rate. A permanent easement is normally more favorable to the taxpayer because of the capital gains treatment.
  3. You are eligible to be compensated for anticipatory damages to your property. Anticipatory damages are awarded for damages that have not yet taken place. They are generally negotiated with the easement. There are two types of anticipatory damages; Compensatory and Non-Compensatory damages.
  4. Compensatory damages are linked to items such as crop damages, business income interruption, temporary work site rental and temporary road access. Basically if you are using the property to produce ordinary income or the pipeline company wants to rent a portion of the property while they work, the anticipatory damage income you receive is taxed at your ordinary rate.
    Non-compensatory damages are damages that are not tied to the items listed above and are taxed at capital gains rates.
    As a landowner, you can also receive actual damages after the pipeline easement is complete. Actual damages are taxed at capital gains rates and any amount of the actual damage payment that is invested back into the property is non-taxable.
  5. Pipeline easement payments are not ongoing. You will be compensated once, which will likely be when you sign the contract.
  6. Different opportunities are available for different people. For many, a pipeline easement may be an opportunity to save for retirement. For others, additional economic opportunities may be available. Your CPA is qualified to help individuals identify your best options – those that make financial sense and those that do not alter your lifestyle.

There are many different myths about pipeline easements. Your financial advisor can help you understand the facts, ensure that you get a fair price and manage your tax obligations.

Email Rea & Associates to learn more about how to make the most of your pipeline easement.

By David Shallenberger, CPA (Wooster office) and Scott Moyer, CPA (Zanesville office)

 

Related Articles

Cash Continues To Flow From Ohio’s Shale Industry
Put Your Property Easement Agreement To Work
How Can Lease Holders Benefit From The Utica Shale Play?

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Put Your Property Easement Agreement To Work

Tuesday, December 16th, 2014

The shale oil and gas play has spurred a significant amount of pipeline and infrastructure activity throughout certain areas of the United States. As a result, many landowners are now being approached by landmen armed with cash offers and easement agreements in the hopes of acquiring the right to use your property to process and transport oil and gas related products. Before you sign on that dotted line, be sure to seek advice from someone well versed in the complexities of property easements.

Be An Informed Property Owner

You probably want to keep as much money in your bank account as possible. So when it comes to paying your taxes, you probably have no intention of giving the government more than its fair share, right? Did you know that when you enter into certain agreements, such as land easements, you may be able to dictate the type of tax treatment your income receives? The trick is to fully understand the tax consequences of language in the agreement.

The tax treatment of a land easement typically is determined (at least in part) by the easement agreement itself. The easement language will either determine if the agreement is for a permanent (or perpetual) easement period, which is exclusive in nature; or if it’s a temporary easement, which will be effective for a finite period of time.

Understand Your Options

If you enter into a permanent easement agreement, the taxable part of the transaction could qualify for capital gains, which may result in an opportunity to save some money during tax season. If you are able to apply the capital gains tax treatment to the income generated from the land easement contract, as opposed to the ordinary income tax rate, you could stand to see your tax rate that is applied to this income drop by almost half.

  • Capital Gains tax rate = 20 percent
  • Regular Income tax rate = 39.6 percent

On the other hand, if you are looking for another option, which could eliminate current payment of tax all together (defer the tax consequence into the future), you might consider the like-kind exchange tax planning strategy. Like-kind exchange rules require the property that is exchanged and the property that is acquired to be held for productive use or investment purposes.

Agreements that receive like-kind treatment under U.S. Code 1031 may result in the deferral of your taxes being due until well into the future or until you dispose of the property acquired in the like-kind exchange. For this to work, the easement agreement must be considered perpetual or permanent and must also involve real estate that is used as part of your trade or business or that is being held for investment purposes.

Don’t Disqualify Yourself

While the thought of exchanging your land easement for other real estate while deferring your taxes may seem attractive, the process of entering into, and maintaining, a like-kind exchange is very complex and must be strictly adhered to. In other words, you will need to seek out help to navigate the waters. If you would like to see if you qualify for a like-kind exchange, email Rea & Associatesfor more information. And remember to always consult your current financial advisor or another professional well versed in like-kind exchange taxation, before signing any land easement contract. Failure to do so may disqualify you from favorable like-kind exchange treatment.

By Jim Fracker, CPA (Zanesville office)

 

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Outright Shale Sales Are Another Option For Landowners

Tuesday, August 26th, 2014

The work to unearth valuable minerals from the Utica and Marcellus shale deposits in Eastern Ohio continues to move forward at full speed. While many of the area’s landowners entered into mineral land leases years ago, some chose to put off the leasing process for later – it is now 2014. Several years have passed and the landowners who chose to wait are now facing a different set of choices and options concerning their land and the minerals found within.

What Has Changed?

If you’re looking to cash in on the shale boom, the traditional land/mineral lease alternative is no longer your only option. Today, some landowners are considering the outright sale of their mineral interests to an acquiring entity. While both options have their merits, this discussion is not intended to weigh the economic consequences when comparing land/mineral leasing versus the outright sale of your mineral interest. You should be aware of a few points surrounding the sale of mineral interests that may help govern your decision.

  • Outright sale agreements typically state that the landowner will agree to sell their mineral interests, specific to formation or generic, to an acquiring entity.
  • Per the agreement, the seller typically relinquishes all incidents of mineral ownership – and usually all rights to any future income streams based on the future production from the minerals in question.
  • If you choose to sell your mineral interest outright, your decision to do so may trigger tax planning opportunities, such as the “like-kind exchange” tax treatment for real estate transactions also known as the IRC1031 exchange. In other words, this particular transaction could qualify your gain from the sale of mineral interests to be deferred into the acquired “like-kind” real property. The acquired real estate must be held for trade, business or for other investment purposes.

Proceed With Caution

Before jumping the gun and making a decision based on the possibility of triggering the like-kind exchange, understand that the rules governing IRC1031 are very complex. The sale of mineral interest just adds to the complexity. It’s important that you speak with an advisor concerning a “like-kind exchange” before closing on the mineral interest sale, or the replacement property.

The like-kind exchange opportunity is not for everyone. For those who qualify, however, a mineral sale scenario with the right fact pattern coupled with a properly executed 1031 exchange could result in a significant tax planning opportunity for landowners who are seeking ways to minimize the current tax consequences.

While it’s great to have a range of choices when dealing with matters such as these, the larger selection has a tendency of making it harder to zero in on the information needed to make an informed decision. If you’re considering a land/mineral lease or an outright sale alternative, email Rea & Associates to get more information about these options.

Author: Jim Fracker, CPA (Zanesville office)

 

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