Financial Boot Camp for Immigration Practitioners Kirby G. Joseph (DL), Conference Program Chair, Aurora, CO Steven S. Manekin, CPA, Washington, D.C. Jenelle K. Conaway, CPA, MBA, Washington, D.C. Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Agenda •Understanding Financial Jargon Financial Jargon Financial Statements Internal Controls •How to Create a Budget and Financial Plan •How to Manage a Lawyer Trust Account Without Being Ashamed •Four Things to Know About Income Taxes •How to Give Yourself a Financial Health Checkup Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Understanding Financial Jargon Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Financial Jargon •Types of Engagements Audit – Full assurance Review – Limited assurance Compilation – No assurance •Types of Audit Opinions Unqualified – Presented fairly Qualified – Presented fairly with exceptions Disclaimer – No opinion Adverse – Not presented fairly Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Financial Jargon •Types of Financial Reporting GAAP – Generally Accepted Accounting Principles •Accrual Basis OCBOA – Other Comprehensive Basis of Accounting •Cash Basis •Income Tax Basis Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Financial Jargon •Types of Financial Statements Balance Sheet Income Statement Statement of Shareholders’ Equity Statement of Cash Flows Notes to the Financial Statements Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Financial Jargon •Types of Financial Reports Trial Balance General Ledger •Debits & Credits Subsidiary Ledger (Account Detail) Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Balance Sheet •Statement of Financial Position •At a specific point in time •Presented in order of Liquidity •Includes Tangible or Intangible Assets Tangible – Cash, property & equipment Intangible – Goodwill, trademarks, patents •Assets = Liabilities + Shareholders’ Equity Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Balance Sheet ABC CORPORATION BALANCE SHEETS December 31, 2010 and 2009 •Assets – Things that a company owns that have value •Liquidity – How quickly they can be converted to cash •Current <1yr •Long-Term >1yr ASSETS CURRENT ASSETS: Cash and Cash Equivalents Advances for Clients (Note 2) Other Current Assets Total Current Assets PROPERTY AND EQUIPMENT - AT COST: Furniture, Fixtures and Equipment Less: Accumulated Depreciation Property and Equipment - Net Total Assets 2010 2009 $ 426,108 15,700 441,808 $ 465,654 7,200 472,854 48,669 34,628 14,041 55,925 38,428 17,497 $ 455,849 $ 490,351 Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Balance Sheet •Liabilities – Amounts a company owes to others LIABILITIES AND STOCKHOLDER'S EQUITY CURRENT LIABILITIES: Current Maturities of Long-Term Debt (Note 5) Accounts Payable and Accrued Expenses Due to Related Party (Note 4) Income Taxes Payable Total Current Liabilities LONG-TERM DEBT (Note 5) •Due Date – How Total Liabilities soon the obligation is COMMITMENTS AND CONTINGENCIES (Note 6) due STOCKHOLDER'S EQUITY: Common Stock; $.01 Par Value; 100 Shares •Current <1yr Authorized, Issued and Outstanding Retained Earnings •Long-Term >1yr Total Stockholder's Equity Total Liabilities and Stockholder's Equity $ 8,742 46,346 12,057 32,490 99,635 $ 9,959 137,622 38,272 2,238 188,091 35,662 45,621 135,297 233,712 1 320,551 320,552 1 256,638 256,639 $ 455,849 $ 490,351 Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Income Statement •Statement of Financial Performance •For a specific period of time •Revenue – Total earned •Expenses – Total spent •Interest Income (Expense) – Interest earned on money invested, or interest paid to borrow money •Income Tax Expense - An estimate of the amount of income tax that will be paid, or has been paid, on the reported earnings •Bottom Line = Net Income or Loss Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Income Statement ABC CORPORATION STATEMENTS OF OPERATIONS For the Years Ended December 31, 2010 and 2009 2010 Amount REVENUE % % $ 2,454,569 100.0 $ 3,212,201 100.0 2,355,704 95.7 3,238,921 100.1 98,865 4.3 OPERATING EXPENSES Income from Operations INTEREST INCOME 785 Income (Loss) before Income Taxes 99,650 INCOME TAXES (Note 7) Net Income (Loss) 2009 Amount (26,720) - 3,637 4.3 (23,083) (35,737) $ 63,913 (0.1) (0.1) (12,502) $ (35,585) Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Statement of Shareholders’ Equity •Shareholders’ Equity – residual interest in the assets after deducting the liabilities •Amount owners invested in stock +/- earnings and losses since inception ABC CORPORATION STATEMENTS OF STOCKHOLDER'S EQUITY For the Years Ended December 31, 2010 and 2009 RETAINED EARNINGS - January 1, 2009 $ 292,223 Net Loss (35,585) RETAINED EARNINGS - December 31, 2009 Net Income $ 256,638 63,913 RETAINED EARNINGS - December 31, 2010 $ 320,551 Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Statement of Cash Flows •Statement of Cash Inflows & Outflows •For a specific period of time •Indicates whether a company generated cash •Operating Activities – reconciled net income to cash flows generated by general operations •Investing Activities – cash flows from the purchase/sales of long-term assets •Financing Activities – cash flows to/from investors (banks, shareholders, etc.) Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Statement of Cash Flows ABC CORPORATION STATEMENTS OF CASH FLOWS For the Years Ended December 31, 2010 and 2009 2010 OPERATING ACTIVITIES: Net Income (Loss) Adjustments to Reconcile Net Income (Loss) to Net Cash Provided by (Used in) Operating Activities: Depreciation Disposition of Fixed Assets Decrease (Increase) in Assets: Advanced Client Costs Other Current Assets (Decrease) Increase in Liabilities: Accounts Payable and Accrued Expenses Due to Related Party Income Taxes Payable Net Cash Provided by (Used in) Operating Activities $ INVESTING ACTIVITIES: Purchases of Property and Equipment FINANCING ACTIVITIES; Payments on Long-Term Debt Net Increase (Decrease) in Cash and Cash Equivalents CASH AND CASH EQUIVALENTS - BEGINNING OF YEAR 2009 63,913 $ (35,585) 8,359 (4,903) 7,881 - (15,700) 7,200 (7,200) (91,276) (26,215) 30,252 (28,370) (8,572) 281,205 12,197 249,926 - (7,040) (11,176) - (39,546) 242,886 465,654 222,768 CASH AND CASH EQUIVALENTS - END OF YEAR $ 426,108 $ 465,654 SUPPLEMENTAL DISCLOSURE OF CASH FLOW INFORMATION: Taxes Paid Non-Cash Exchanged Goods and Services $ $ 3,247 406,400 $ $ 7,505 384,460 Notes to Financial Statements •Include additional information to help the reader understand the financials •Explain how a company arrived at the numbers on the statements •Describe any significant events, changes, or commitments •Examples: •Significant Accounting Policies •Income Tax Status •Retirement Plan Obligations •Future Lease Payments Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Internal Controls •Procedures to ensure the integrity of financial and accounting information •Detective – Designed to detect errors or irregularities after they have occurred •Corrective – Designed to correct errors or irregularities that have been detected •Preventative – Designed to keep errors or irregularities from occurring in the first place Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Internal Controls •Cash Disbursements & Accounts Payable •Restrict check signing, electronic payment authorization, to a few individuals •Require the review of supporting documentation prior to check signing •Require dual signatures on large checks •Ensure checking accounts and bank statements are reconciled timely •Review AP ledger for fictitious vendors Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Internal Controls •Cash Receipts & Accounts Receivable •Limit access to cash receipts •Consider using a lockbox •Have two individuals involved in opening mail and logging incoming checks •Payroll & Employees •Review payroll records for fictitious employees •Know your employees and be observant Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Internal Controls •Internal Controls are limited by: Judgment Breakdowns Management Override Collusion •Controls significantly reduce the risk of fraud or errors, but DO NOT GUARANTEE that fraud or errors will not occur Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association How to Create a Budget and a Financial Plan Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Budgeting & Financial Planning •Make the “Road Map” Based on research and industry standards •Understand capital requirements & cash flows General operations Growth Asset acquisition Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Budgeting & Financial Planning •First, consider Capitalization How to get money in to a business How will you capitalize? •Personal check ● Bank financing How much will you need? •Depends on type of business, billing and collection policies, etc. Why capitalize? •2-3x monthly expenses Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Budgeting & Financial Planning •Then, Budget Income How much money do you expect to make? Educated guess Hours x Rates •Market rates x anticipated hours billed Flat Fee •Market rates – how many can be completed in a month? Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Budgeting & Financial Planning •Finally, Budget Expenses How much money do you expect to spend? Fixed Costs •Rent •Payroll ● Equipment ● lease payments Insurance Variable Costs •Supplies ● Utilities •Travel ● Marketing Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Budgeting & Financial Planning •Prepare the budget on a Yearly and Monthly basis •Present your budget in the form of a financial statement •Monitor variances to stay on track •The budget is a “living document” Revise and make changes as necessary Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Budgeting & Financial Planning ABC CORPORATION 2011 BUDGET REVENUES: Fee Income Late Charge Income Other Income Total Revenues EXPENSES: Personnel: Salaries Payroll Taxes Insurance Office: Office Supplies Postage Rent Repairs & Maint Utilities 2011 Budget 2011 YTD Budget % of YTD Actual Budget $ 3,250,000 12,000 75,000 3,337,000 $ 1,846,000 57% 5,184 43% 50,850 68% 1,902,034 $ (1,404,000) (6,816) (24,150) (1,434,966) 539,292 111,833 67,954 719,079 334,361 62% 69,336 62% 33,977 50% 437,675 (204,931) (42,497) (33,977) (281,405) 44,941 9,319 5,663 59,923 39,323 88% 8,154 88% 5,663 100% 53,141 (15,450) (7,378) (30,390) (4,622) (15,390) (73,229) 2,429 1,308 5,065 741 2,969 12,512 1,589 2,145 5,065 2,592 2,930 14,321 29,151 15,698 60,779 8,888 35,624 150,140 13,701 8,320 30,390 4,266 20,234 76,911 47% 53% 50% 48% 57% Variance 2011 Monthly Budget % of June Budget June Actual Budget $ 270,833 1,000 6,250 278,083 $ 261,896 97% 330 33% 6,563 105% 268,788 65% 164% 100% 350% 99% Variance $ (8,938) (670) 313 (9,295) (5,618) (1,165) (6,783) (841) 837 1,852 (39) 1,810 Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association How to Manage a Lawyer Trust Account Without Being Ashamed Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association How to Manage a Lawyer Trust Account Without Being Ashamed • One of the most important items for lawyers to understand and keep track of! • Could lose your license if not handled properly • Must practice defensively, develop your systems • Must set up your accounting system to reflect all account transactions Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association How to Manage a Lawyer Trust Account Without Being Ashamed • You must set up the following accounts in your general ledger: Cash Trust Account Trust Liability Account • The cash trust and trust liability accounts must balance to each other The only difference should be the original deposit to start the cash account Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association How to Manage a Lawyer Trust Account without being Ashamed • Must reconcile your trust cash account monthly • Must maintain a detailed listing of the client’s money you are holding • NEVER commingle funds—NEVER use this money, it is the clients money! Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Four Things to Know about Income Taxes Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Four Things to Know about Income Taxes • The tax system is too complicated to pick just four things to know about taxes but let’s give it a try. • Understand the tax attributes for each type of entity C-Corp LLC/LLP General Partnership S-Corp Sole Proprietor Single Member LLC Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Four Things to Know about Income Taxes • • Understand what constitutes income and expenses and when each can be recognized as such Understand what the IRS is looking for if they audit you Bank accounts – tying in deposits to income reported Review escrow/trust accounts for potential income at the end of the year Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Four Things to Know about Income Taxes • Close review of meals and entertainment Make certain to document • • • • Look for personal expenses paid for by the business Review bonuses – salary or dividends Advanced client costs Cash payments, non-cash sources of income – bartering, etc. Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Four Things to Know about Income Taxes • Lastly, understanding the retirement plan options available to the tax payer. The contributions to those plans are tax deductible. Some of the options are as follows: 401(k) Plans Profit Sharing Plans SEP Plans IRAs Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association How to Give Yourself a Financial Health Checkup Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Financial Health Checkup •Objective: To identify emerging trends and relationships and their underlying causes, in order to make better informed business decisions •Tools: Ratios Benchmarking RULES approach Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Financial Health Checkup •Ratios can provide insight into the strength and earnings capacity of the business •Liquidity – Measures the company’s ability to pay off obligations in the short term •Activity – Measures how effectively the company uses the assets employed •Profitability – Measures the degree of success over a specified period of time •Coverage – Measures the degree of protection for long-term creditors Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Financial Health Checkup Liquidity Ratios Current Ratio = Current Assets Current Liabilities Indicates if a firm has enough short term assets to cover its short-term liabilities 2:1 (or 2) indicates that for every $1 of current liabilities, there are $2 of current assets to back it up Want Current Ratio > 1 Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Financial Health Checkup Activity Ratios AR Turnover = Net Sales Average AR Measures a firm’s effectiveness in extending credit and collecting debts 4:1 (or 4) indicates that the company’s accounts receivable turned over 4 times during the period High ratio = Efficient extension of credit and collection of AR. Low ratio = Poor collection of AR. Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Financial Health Checkup Profitability Ratios Profit Margin = Net Income Net Sales Measures the percentage of profit from each dollar of sales (8% indicates that for every $1 in sales, 8 cents was profit) Earnings per Share = Net Income # of Shares Outstanding Measures how much money shareholders would receive per share if the company distributed all of its earnings Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Financial Health Checkup Coverage (Leverage) Ratios Debt to Equity = Total Liabilities Total Shareholders’ Equity Indicates the proportion at which the firm acquires debt compared to its owners’ investment in the company 3:1 (or 3) indicates that for every $1 of Shareholder Investment, there are $3 of Outside Debt (i.e., the company is taking on debt at three times the rate that its owners are investing in the company) Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Financial Health Checkup •Benchmarking provides a firm with a point of reference (similar firms in the industry or practice area) with which to compare its performance The Survey of Law Firm Economics •Consider the following statistics: Annual Billable Hours Average Billing Rates Personnel Ratios (Associates to Partners, etc.) Expenses per Partner Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Financial Health Checkup •The RULES Approach can help you understand the factors that affect law firm profitability •Realization •Utilization •Leverage •Expense Control •Speed of Billing & Collections •Monitor these elements and look for ways to improve profitability Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Financial Health Checkup •Realization = Collection = Value of $ Collected Value of $ Billed Billing = Value of Time Billed Value of Time Worked Overall = Value of $ Collected Value of Time Worked Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Financial Health Checkup •Utilization •Are you using your employees effectively? •Proper staffing •Leverage •Using debt to increase potential return •Are you properly leveraged? •A company increases its leverage because it can invest in business operations without increasing its equity Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Financial Health Checkup •Expense Control •Decreasing expenses (overhead) wherever possible •Decreasing expenses increases the bottom line, but is not the most efficient way to increase profitability •Speed of Billing & Collections •AR Turnover •Improve Time, Billing and Collections Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association Questions & Answers Solo & Small Practice: Business School For the Immigration Lawyer © 2011 American Immigration Lawyers Association