DCarsonCPA The Reading Rooms

DCarsonCPA The Reading Rooms - a sketch draft in review

A knowledge driven business thrives on continual learning, development and growth. As we move forward we find significant important lines that can contribute to the complex needs on consulting and the very simple lines of it all reverts back to the needs for strong and compliant financials, insight for management consulting / advisory,  and the key point that learning in a vacuum is unsustainable.  A pipeline of new ideas and continual learning in support of the strategic and operational overlays to the base line of financials for decision makers.

The Financials and Compliance are the foundation - if handled correctly they produce a strong foundation
 for analysis to look at the business or entity financials and then map them out to the broader economy to use technology and help support the lines for  economic growth and  opportunity lines. Opportunity seeking in the Economy and competing for the lines of supply and demand are par for the course in business and we reconnect accounting to it's economic perspective on strategy.

DCarsonCPA by LOBS on Services http://dcarsoncpa.com/about_us/lobs_on_services

DCarsonCPA on FB https://www.facebook.com/pages/DCarsonCPAcom/163161927065781

DCarsonCPA on Tumblr http://dcarsoncpa.tumblr.com/

Just a few of the many points on knowledge plus services from www.dcarsoncpa.com

DCarsonCPA on Insurance

DCarsonCPA sketch draft on Insurance. Will return soon to expand.

Mapping in the Resources

Current Awareness

Insurance / Risk Management http://paper.li/DCarsonCPA_CT/1379507434

Pensions http://paper.li/DCarsonCPA_CT/1380935872

Investment Management http://paper.li/DCarsonCPA_CT/1380083052

Support Services

Insurance http://dcarsoncpa.com/strategic/insurance

Pensions and Employee Benefits.http://dcarsoncpa.com/addtl_sources/labor_and_pensions

Investment Management http://dcarsoncpa.com/strategic/investment_management

Outlining the Needs on Deductions and Witholdings of Tax on Payments for Foreign Persons § 1.1441-1 (It's complicated)

Outlining the Needs on Deductions and Witholdings of Tax on Payments for Foreign Persons § 1.1441-1   .... ( In a word... It's complicated).


This is an outline of the structure for the Rules to fill into and we can help on your needs if you are a "Foreign" or Non-US Resident with US Tax Requirements. You can learn more of us at DCarsonCPA - we are a practice that works with knowledge, experience, teamwork, domestic and global research for the Client needs on Accounting, Taxes, Financials, Compliance and more. We work with Technology that can help on Financial Decision Making.

For your reading on Taxes below:

§ 1.1441-0   Outline of regulation provisions for section 1441.

This section lists captions contained in §§ 1.1441-1 through 1.1441-9.

§ 1.1441-1   Requirement for the deduction and withholding of tax on payments to foreign persons.

(a) Purpose and scope.
(b) General rules of withholding.
(1) Requirement to withhold on payments to foreign persons.
(2) Determination of payee and payee's status.
(i) In general.
(ii) Payments to a U.S. agent of a foreign person.
(iii) Payments to wholly-owned entities.
(A) Foreign-owned domestic entity.
(B) Foreign entity.
(iv) Payments to a U.S. branch of certain foreign banks or foreign insurance companies.
(A) U.S. branch treated as a U.S. person in certain cases.
(B) Consequences to the withholding agent.
(C) Consequences to the U.S. branch.
(D) Definition of payment to a U.S. branch.
(E) Payments to other U.S. branches.
(v) Payments to a foreign intermediary.
(A) Payments treated as made to persons for whom the intermediary collects the payment.
(B) Payments treated as made to foreign intermediary.
(vi) Other payees.
(vii) Rules for reliably associating a payment with a withholding certificate or other appropriate documentation.
(A) Generally.
(B) Special rules applicable to a withholding certificate from a nonqualified intermediary or flow-through entity.
(C) Special rules applicable to a withholding certificate provided by a qualified intermediary that does not assume primary withholding responsibility.
(D) Special rules applicable to a withholding certificate provided by a qualified intermediary that assumes primary withholding responsibility under chapter 3 of the Internal Revenue Code.
(E) Special rules applicable to a withholding certificate provided by a qualified intermediary that assumes primary Form 1099 reporting and backup withholding responsibility but not primary withholding under chapter 3.
(F) Special rules applicable to a withholding certificate provided by a qualified intermediary that assumes primary withholding responsibility under chapter 3 and primary Form 1099 reporting and backup withholding responsibility and a withholding certificate provided by a withholding foreign partnership.
(3) Presumptions regarding payee's status in the absence of documentation.
(i) General rules.
(ii) Presumptions of classification as individual, corporation, partnership, etc.
(A) In general.
(B) No documentation provided.
(C) Documentary evidence furnished for offshore account.
(iii) Presumption of U.S. or foreign status.
(A) Payments to exempt recipients.
(B) Scholarships and grants.
(C) Pensions, annuities, etc.
(D) Certain payments to offshore accounts.
(iv) Grace period.
(v) Special rules applicable to payments to foreign intermediaries.
(A) Reliance on claim of status as foreign intermediary.
(B) Beneficial owner documentation or allocation information is lacking or unreliable.
(C) Information regarding allocation of payment is lacking or unreliable.
(D) Certification that the foreign intermediary has furnished documentation for all of the persons to whom the intermediary certificate relates is lacking or unreliable.
(vi) U.S. branches.
(vii) Joint payees.
(A) In general.
(B) Special rule for offshore accounts.
(viii) Rebuttal of presumptions.
(ix) Effect of reliance on presumptions and of actual knowledge or reason to know otherwise.
(A) General rule.
(B) Actual knowledge or reason to know that amount of withholding is greater than is required under the presumptions or that reporting of the payment is required.
(x) Examples.
(4) List of exemptions from, or reduced rates of, withholding under chapter 3 of the Code.
(5) Establishing foreign status under applicable provisions of chapter 61 of the Code.
(6) Rules of withholding for payments by a foreign intermediary or certain U.S. branches.
(i) In general.
(ii) Example.
(7) Liability for failure to obtain documentation timely or to act in accordance with applicable presumptions.
(i) General rule.
(ii) Proof that tax liability has been satisfied.
(iii) Liability for interest and penalties.
(iv) Special effective date.
(v) Examples.
(8) Adjustments, refunds, or credits of overwithheld amounts.
(9) Payments to joint owners.
(c) Definitions.
(1) Withholding.
(2) Foreign and U.S. person.
(3) Individual.
(i) Alien individual.
(ii) Nonresident alien individual.
(4) Certain foreign corporations.
(5) Financial institution and foreign financial institution.
(6) Beneficial owner.
(i) General rule.
(ii) Special rules.
(A) General rule.
(B) Foreign partnerships.
(C) Foreign simple trusts and foreign grantor trusts.
(D) Other foreign trusts and foreign estates.
(7) Withholding agent.
(8) Person.
(9) Source of income.
(10) Chapter 3 of the Code.
(11) Reduced rate.
(12) Payee.
(13) Intermediary.
(14) Nonqualified intermediary.
(15) Qualified intermediary.
(16) Withholding certificate.
(17) Documentary evidence; other appropriate documentation.
(18) Documentation.
(19) Payor.
(20) Exempt recipient.
(21) Non-exempt recipient.
(22) Reportable amounts.
(23) Flow-through entity.
(24) Foreign simple trust.
(25) Foreign complex trust.
(26) Foreign grantor trust.
(27) Partnership.
(28) Nonwithholding foreign partnership.
(29) Withholding foreign partnership.
(d) Beneficial owner's or payee's claim of U.S. status.
(1) In general.
(2) Payments for which a Form W-9 is otherwise required.
(3) Payments for which a Form W-9 is not otherwise required.
(4) When a payment to an intermediary or flow-through entity may be treated as made to a U.S. payee.
(e) Beneficial owner's claim of foreign status.
(1) Withholding agent's reliance.
(i) In general.
(ii) Payments that a withholding agent may treat as made to a foreign person that is a beneficial owner.
(A) General rule.
(B) Additional requirements.
(2) Beneficial owner withholding certificate.
(i) In general.
(ii) Requirements for validity of certificate.
(3) Intermediary, flow-through, or U.S. branch withholding certificate.
(i) In general.
(ii) Intermediary withholding certificate from a qualified intermediary.
(iii) Intermediary withholding certificate from a nonqualified intermediary.
(iv) Withholding statement provided by nonqualified Intermediary.
(A) In general.
(B) General requirements.
(C) Content of withholding statement.
(D) Alternative procedures.
(E) Notice procedures.
(v) Withholding certificate from certain U.S. branches.
(vi) Reportable amounts.
(4) Applicable rules.
(i) Who may sign the certificate.
(ii) Period of validity.
(A) Three-year period.
(B) Indefinite validity period.
(C) Withholding certificate for effectively connected income.
(D) Change in circumstances.
(iii) Retention of withholding certificate.
(iv) Electronic transmission of information.
(A) In general.
(B) Requirements.
(C) Special requirements for transmission of Forms W-8 by an intermediary. [Reserved]
(v) Electronic confirmation of taxpayer identifying number on withholding certificate.
(vi) Acceptable substitute form.
(vii) Requirement of taxpayer identifying number.
(viii) Reliance rules.
(A) Classification.
(B) Status of payee as an intermediary or as a person acting for its own account.
(ix) Certificates to be furnished for each account unless exception applies.
(A) Coordinated account information system in effect.
(B) Family of mutual funds.
(C) Special rule for brokers.
(5) Qualified intermediaries.
(i) General rule.
(ii) Definition of qualified intermediary.
(iii) Withholding agreement.
(A) In general.
(B) Terms of the withholding agreement.
(iv) Assignment of primary withholding responsibility.
(v) Withholding statement.
(A) General rule.
(B) Content of withholding statement.
(C) Withholding rate pools.
(f) Effective date.
(1) In general.
(2) Transition rules.
(i) Special rules for existing documentation.
(ii) Lack of documentation for past years.



DCarsonCPA is your webline to the practice of Dean T. Carson II, CPA where the solution set works with Knowledge, Experience, Teamwork and Research to meet the needs of Financial Decision Makers in Entity, Non Profits, Governance and Individual / Family roles on Financials. Please learn more at www.dcarsoncpa.com 

SEC Definition of Investment Performance of an Investment Company

SEC Definition of Investment Performance of an Investment Company:

§ 275.205-1 Definition of “investment performance” of an investment company and “investment record” of an appropriate index of securities prices.

The above citation has been provided as an illustration of a connecting point between Governance, Accounting, Financials, Economics, Statistics and the Investment Management Industry. Please note the following disclaimer:

Note: Citation As of Read Date 1/3/2013, ALL SEC Rules are subject to change and update and you must Independently confirm as filing or relying. The citation is provided here as an illustration of converging points of Financials, Finance, Governance and Quantitative measures (of Economics and Statistics) as relevant to the Investment Management Industry. The Citation is NOT for Reliance and NOT for Advice. 

We support Client needs on Financials and Compliance on Services and welcome your inquiries on where we may meet on services. For Any Legal needs it is recommended that you connect with an Attorney through your local State Bar Chapter. 

DCarsonCPA is your weblink to Our Practice where knowledge, experience, teamwork and research connect for Client support services on Accounting, Financials, Taxes, Advisory, Project and Legal Support Services (for Attorney's) we are interested to hear of your needs on projects and work with signifcant streams of research to support Financial Decision Makers with complex needs in the Economy. Please learn more at www.dcarsoncpa.com or e-mail info@dcarsoncpa.com

SEC Reporting for Insurance Companies on Reinsurance Ceded, Assumed and Net

PART 210: FORM AND CONTENT OF AND REQUIREMENTS FOR FINANCIAL STATEMENTS, SECURITIES ACT OF 1933, SECURITIES EXCHANGE ACT OF 1934, INVESTMENT COMPANY ACT OF 1940, INVESTMENT ADVISERS ACT OF 1940, AND ENERGY POLICY AND CONSERVATION ACT OF 975

 

 

DCarsonCPA.com is your link to support services on Accounting, Taxes, Financials and Compliance through Strategic and Operational support and Advisory. Please visit us at http://www.dcarsoncpa.com/strategic/insurance for Our Landing Page focused on the Insurance Industry as it continues to update it is a good starting point. Overall you can learn more at www.dcarsoncpa.com   Our practice is about connecting knowledge, experience, teamwork and research in support of diversified Client needs on Services.

 

 

 

 

IP -Intellectual Property - the "Intangible" Asset Class with Real Financial Value (Part 1 Copyrights - Music & Film)

In Draft to consider the points we may help Artists on Financials, Taxes and other needs or Attys on related support services.

As a CPA Practice our goal is to support Businesses in various Sectors on needs that deal with Financials, Accounting, Taxes, Compliance, and Management level decision making in Strategic and Operational capacities to support Financial Decision Making.
This is an important skill to bring to the community of Creative Artists where the work of creating Art through Music, Art, Writing, Film or other avenue is a considerable task that needs attention. As you Focus on your ART considering that it may be better sustained as a Career path where Financial skills are in place on your support team to protect your Financial Assets. With services that include Accounting, Financials, Tax Compliance and a Strategic approach to managing the financial element of Creative Arts through supporting Artists with Financial skills.

On that note we bring you to an important point where our skills and experiences
with the Creative and Artistic Community as well as the Financial Services and General Business Sectors meet. For related Accounting, Tax, Financial or other Advisory Services and corresponding Legal Support Services (for Attorneys) on Expert Testimony, Paralegal or Litigation paralegal support interests on services. reaching out to the Artistic Community of Creative Artists, Musicians, Writers and Film communities in Our Economy. Our landing page for the Musical Community is http://www.dcarsoncpa.com/resources/ip_-_intellectual_property and we will soon have other specific pages defined for relevant other areas.

Each day through process of research and through following the news from Public Finance, Legislation, News and the Courts it is evident to us where there are opportunities to better support the Artistic community that in brief includes Artists, Musicians, Writers, and the Film Community from the Financial Perspective. 

A clear and important part of this need is through Accounting and using the tools of Financial Decision Making. With knowledge of Financials to better protect the Financial Interests of Creative Artists. We have Financial expertise that can help to better inform and protect you on Finances with insight through Financials. To additionally support your reporting needs with Tax Compliance.

We connect to Creative professionals with Financial skills from Industry and with an appreciation that although in Accounting Terms your works may be defined as "Intangible" Assets  or in Compliance / Legal terms defined as "Intellectual Property" (IP) you are engaged in creating Real Financial Value. The best way to Financially oversee your Creative Properties of  Financial Value is to use the tools of Accounting, Tax and other related Financial Analysis and Compliance terms to track the Assets you create with the established tools of Financial Management.

We focus on Financials and the Business end so you can Focus on your Creative skills, but are also interested in helping you grow Business skills for insight to Financial Decision Making tools to support your needs from the Business end.

Reinforcing that even as an Artist the Financial element of your Operations is a Business it's important to consider the protection of the Creative Works you make as Intellectual Property which is in Accounting terms an "Intangible" Asset with real financial value.

To create IP or and Intangible the first step is always to File and Protect your Creations a process best supported with Legal advice from an Attorney specializing in Intellectual Property or Copyright Laws to be specific.

If you are just starting on your path as an Artist and you do not have the Financial ability to contract an Attorney -  you should consult your Local Bar to see if you may connect with pro bono (for good - no charge or low cost) Legal support. The course of last resort would be to prepare your own filings where you may not succeed on the two points above. This is possible but not without risk as Intellectual Property is a Legal Property right best evaluated with professional skills by an Attorney (and we are not Attorney's and provide NO Legal Insight; rather our point is Financial and Control driven for Accounting purposes with some insight to how an IP Asset comes to life as an "Intangible Asset". In all scenarios the goal is protection of the Financial Value   in your Creative work through your own Independent pursuit of protected interests through Actions (taken in Legal Steps) that ultimately may create a Financial Asset with Business Value.

We are NOT Attorneys, but we are Financial Professionals with strong Accounting, Financial, Tax and Compliance skills to connect with your interests in IP  from a Financial perspective and can partner with your Attorneys or work directly with you as best suits your needs.

As you grow on the path of creating IP you will have Assets with corresponding Revenue Streams and although you may be a very fnancially successful artist, in that dimension you also become a business. The best thing you can do to be a business person in Financial terms is to use the tools of Accounting to develop Financials, track Assets, Liabilities, Ownership, Revenues and Expenses to manage your Financials. To build and maintain wealth it is best to track that wealth.

We are on the Strategic and Operational side and can offer investment neutral services to protect your wealth as our focus is on the Accounting, Tax and Financial Analysis of the matters currently. This means that we can on an inteim basis produce Financials that will help you track Royalties, track your Assets and Lead your ART as a business decision maker for Long term success. The best way to manage Financials is to build Financials for insight and we can teach you how to better understand the numbers and financials in context to your ART.

All that stated below please find links to important background information explaining Copyrights and then specialized Copyrights for Music and Film in overview.

We are pleased to assist you on related needs on Financials, Taxes and Busines growth where you have corresponding needs. You can find our contact information below.


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DCarsonCPA.com for Financial Decision Makers in Government, Industry, Non Profit and Individual roles with a close connection to both the Financial and Creative Industries through experience in Business and Music at Berklee College of Music. We work with the knowledge of Financials and related Accounting, Taxation, Economics, Statistics, Finance, Taxes and Regulatory Compliance that connects Decision Makers. Learn more at www.dcarsoncpa.com or e-mail info@dcarsoncpa.com .

Connecting to the US Courts

Intro:

One of the recurrent needs in following updates in news of the courts on Financial Cases is to understand districts. The role that the Courts play in respect to Financial Decision Making requires an understanding of the important relevance and location of districts.

Substance:

From a simple analysis of the significance of  Federal Court Districts  (this is not a Legal definition) the courts are important at the disctrict level for the specific ways that interperet cases. These interpretations of Cases (which Lawyers would likely refer to as "Case Law") communicate the application of various rules per the district and give a sense of the local application of rules.

This interesting feature of Our Legal system (in non legal terms) gives rise to regional perspectives in analysis and application of rules which is important to represent an area but would not fundamentally change the reasoning or intent of a Rule or Law, rather it would influence that Rule or Law's interpretation.

This analysis is not a "Legal" view point as I am not an attorney and would have no claim to a legal view. Rather it is just my current functional understanding.

National vs. State and Local Courts:

The US District Courts in the map provided deal with National (Federal) issues. Each state and local district will have it's own unique courts, cases and rules. None of the State or Local Courts are presented here as this is a map of the National (Federal) Courts.

The Federal Districts for Courts are referred to as Circuits and can be seen in the map below.

CircuitMap - The (Federal) Courts


Outro:

The next time that you see a financial news  article that states, for example 4th Circ. you'll understand from this map the general jurisdiction which is in turn potentially broken out to underlying North, South, east and West sub divisions.


DCarsonCPA.com connecting a line on Government, Industry, Non Profit and Individual Financials for Decision Makers.

For immediate opportunties on Client Services and for the broader opportunities to help on analysis and ideas on places where we can all work together in support of decision makers at the local, state and national levels. Supporting ideas and analysis that can help the Economy present and future for Families, Individuals, Communities and the shared duties we have as Stakeholders and Custodial Trustees in Our shared National Financial Future.

Learn more at www.dcarsoncpa.com or inquire at info@dcarsoncpa.com .