通过分析评论, annual reporting, audit defense, VDA的帮助和更多, Clearview Group helps organizations achieve compliance with state-mandated unclaimed property laws and avoid costly fines and penalties.
确保一个组织符合其所在州和当地的税法, 一个经常被忽视的类别是 unclaimed property. Businesses are required to report these unclaimed obligations when it comes time to file their annual reports, 其中包括未兑现工资和应付帐款支票等负债, 客户信用余额, gift cards, 休眠的支票或储蓄帐户, 以及股息和股票.
Companies need to carefully review their state unclaimed property obligations to be certain they are in compliance — the risks of non-compliance could result in fines and penalties being imposed, especially today, as states are more incentivized to initiate audits and increase unclaimed property assessments.
巴尔的摩咨询万博平台app下载经验丰富的SALT专业人士 Clearview Group 能识别万博平台app下载的需求领域吗, develop a comprehensive plan to get the company into compliance and help maintain that compliance in the future.
在审计方面，每个州都有不同的规则和规定, 报告和合规. 没有两个状态是相同的. This is why Clearview Group seeks to educate clients on their unclaimed property obligations.
作为这个过程的一部分, companies also need to understand how to initiate a Voluntary Disclosure Agreement (VDA). VDAs are self-audits in which the company comes forward voluntarily prior to being audited to come into compliance. In exchange, the states (with a couple minor exceptions) will waive interest and penalty for a late filing. Oftentimes, a state such as Delaware will send companies VDA invitations prior to initiating an audit.
“There are different tiers of VDAs and audit complexity based on the individual state,” said Eric Mauldin该万博平台app下载是Clearview Group所在州的主要万博平台app下载 & 地税实务及无人认领财产部门实务负责人. “For example, 特拉华州的税法非常优惠, 这就是为什么这个国家有很多万博平台app下载在那里注册的原因. On the flip side, the state features a very robust VDA and audit program because unclaimed property is usually the state’s second largest source of revenue on an annual basis. 新泽西和宾夕法尼亚等其他州也有正式的VDA项目, 但它不像特拉华州那么复杂. Some states are very informal — the only state that doesn’t have a VDA program is California.”
Mauldin points to Delaware as a particularly interesting example of how states are depending more and more on unclaimed property revenue. “There are so many companies incorporated in Delaware (likely more than 50%) because there are tax benefits,” he said. "当州政府发起VDA或审计时, 这是他们从这些万博平台app下载获得尽可能多的钱的机会. After the audit, 万博平台app下载倾向于更加认真地对待他们的无人认领财产义务, 所以政府将无法得到另一口苹果. Today, the state of Delaware has probably completed VDAs or audits on the vast majority of Fortune 500 companies incorporated in their state.”
After identifying transactions that are unclaimed property and are due to the states for the current reporting period, part of the compliance requirement is first contacting the last property owner through statutory due diligence.
“Unclaimed property’s original purpose was as a consumer-advocate type of process — government protection of the common person against big corporations,” said Mauldin. “现在，在很多情况下，它已经成为大多数州的收入来源. The due diligence process goes back to that original idea of trying to protect individuals. It is mandated that the individual or company has to be contacted by a first-class mailed letter. 他们有30到60天的回复时间, 如果他们回应了, you don’t report, 但如果你得不到任何回应, 然后这笔钱就会作为无人认领的财产上报给州政府. States are really cracking down on making sure you try to reach out to individuals or companies before reporting.”
因为各州对尽职调查有各种各样的要求, Clearview Group can help clients through the process and ensure they are meeting all rules and regulations. For example, 有些州可能只要求一级邮寄, 而其他州可能需要一封保证书. 各州开始允许通过电子邮件进行尽职调查. 希望这在未来几年成为一种趋势.
一旦尽职调查完成, 万博平台app下载将知道哪些交易需要向各州报告. “美国有53个司法管辖区.S. 有无人认领物权法的地方, 每个州有不同的免税津贴, dormancy periods, 报告截止日期, 尽职调查要求, 付款方式及更多,” said Mauldin. “在去年Clearview组, we help our clients navigate these different requirements with state-approved software.”
Once reporting is complete for the current year and companies are confident they are in compliance, Mauldin says it is important to keep good records and operationalize the process so that it is repeatable. Clearview Group will assist companies with creating an annual unclaimed property reporting timeline, 无论是邮寄尽职调查信函, tracking responses, 处理状态报告或其他任何事情.
销售税义务是按月或按季度申报的, 而所得税和无人认领的财产往往是每年处理一次,” said Mauldin. “即使你没有无人认领的财产需要申报, 你还是应该提交报告，表明你没有什么可偷的. 重要的是，不仅仅是每年都要经历整个合规过程, but also, if there are changes to the company or the industry that may impact that particular filing period, 你必须掌握主动权.”
最后一步是追回欠万博平台app下载的无人认领的财产. “我强烈建议我的客户, do not recover unclaimed funds from a state until you are in compliance with your reporting obligations,” Mauldin said. “If you start recovering funds but aren’t reporting, you will be on the state’s radar for an audit. The state holds any reported money in perpetuity — get through the VDA or audit file your initial reports, 然后你就可以开始考虑收回欠万博平台app下载的钱了. There are asset recovery companies that are focused on helping get those unclaimed funds to organizations in exchange for a percentage of what is recovered. This is called a contingency fee and they only make money if they find money on your behalf.”
从无人认领的财产过程的开始到结束, Mauldin says Clearview Group works hard to help organizations create a reliable roadmap to compliance through everything from VDA assistance to the development of policies and procedures.
“Unclaimed property is not going away anytime soon — it generates too much revenue for the states. That’s why it is imperative companies know what their obligations are and the way the industry is changing,” Mauldin said. “除非你是一家有大量交易的万博平台app下载, 关注无人认领财产合规可能不是某人的全职工作. 因此，工作质量经常会出现问题. We take on that full-time job for you and take that burden and responsibility away from our clients. 我从事咨询行业已经超过15年了, 我学会了如何让大型国际万博平台app下载遵守法规. 我也一直站在持有者的立场上，理解他们的担忧. 我们有竞争力的价格, 工作经验和质量, 我们将是一个伟大的选择，任何人寻求合规或咨询援助.”