April 13, 2017
 What is taxable?
 How is it valued?
 How should it be valued?
 Rendition options
 Valuation options
 Appeals / getting results
 Real estate
 Tangible business personal
property
 Mineral interests
 Intangible personal property
 Contracts
 Leasehold improvements
 Data
 Computer programs
 Business enterprise value
 Goodwill
 Accounts receivable
 Cash
 Bonds
 Stocks
 Trademarks
 Market value on January 1
 Typical willing buyer and
willing seller, neither under
duress, and both well informed
 Sales of the items as a group
 Based on depreciation schedule
if you render with cost and year
of acquisition.
 If your business has 50
employees or less, subsection
22.07(c) allows you to base your
good faith estimate of market
value on depreciation schedules
used for federal income tax
purposes.
 Regulatory compliance by
providing cost new and year
purchased (including furniture
purchased prior to 2002).
 Tax reduction approach by only
providing the opinion of value,
which also provides regulatory
compliance.
Render?
10%penalty if do not render.
Class A misdemeanor violation of
penal code to file false rendition.
50% penalty for bad faith, false
rendition.
Only 10% penalty if do not render.
 Based on market value, and not
on IRS depreciation schedules.
 Market value of an airplane
without the maintenance log?
 The maintenance log is
essentially data that could be
kept in hard copy or electronic
copy.
 50% discount?
 Cost new in 2014 - $800 million
 Market value January 1, 2017?
 Assume an office set up in 2016
and the equipment, phone
system and furniture cost $3
million.
 Market value on January 1, 2017?
 How much would someone pay
for 6 month old FFE?
 $40,000 car came with software.
Software is not taxable. Value
without software?
 Companies are leaving behind
furniture, equipment, phone
systems and computers in the
Energy Corridor.
 90%
 50%
 35%
 15%
 1%
 In-house
 Independent fee appraiser
 Value of FFE as % of cost new?
Low
 Cost of more valuable
equipment – visit with industry
experts
 Your estimate will be more
reasonable than the appraisal
district depreciation schedule.
 Goal is to resolve value through
the rendition; that typically
works.
 If not, need support for value.
 Worst case scenario is to obtain a
third-party appraisal and pursue
a judical appeal. Provided the
value is reasonable, the appraisal
district will settle.
 Patrick O’Connor – 713 822 8613
 John Fisher – 713 375 4297
 Doug Ford – 713 375 4233
 Frank Ledesma – 713 375 4250
 www.poconnor.com
 www.cutmytaxes.com

Texas BPP Taxation 2017

  • 1.
  • 2.
     What istaxable?  How is it valued?  How should it be valued?  Rendition options  Valuation options  Appeals / getting results
  • 3.
     Real estate Tangible business personal property  Mineral interests
  • 4.
     Intangible personalproperty  Contracts  Leasehold improvements  Data  Computer programs  Business enterprise value
  • 5.
     Goodwill  Accountsreceivable  Cash  Bonds  Stocks  Trademarks
  • 6.
     Market valueon January 1  Typical willing buyer and willing seller, neither under duress, and both well informed  Sales of the items as a group
  • 7.
     Based ondepreciation schedule if you render with cost and year of acquisition.
  • 8.
     If yourbusiness has 50 employees or less, subsection 22.07(c) allows you to base your good faith estimate of market value on depreciation schedules used for federal income tax purposes.
  • 14.
     Regulatory complianceby providing cost new and year purchased (including furniture purchased prior to 2002).  Tax reduction approach by only providing the opinion of value, which also provides regulatory compliance.
  • 15.
    Render? 10%penalty if donot render. Class A misdemeanor violation of penal code to file false rendition. 50% penalty for bad faith, false rendition. Only 10% penalty if do not render.
  • 16.
     Based onmarket value, and not on IRS depreciation schedules.
  • 17.
     Market valueof an airplane without the maintenance log?  The maintenance log is essentially data that could be kept in hard copy or electronic copy.  50% discount?
  • 18.
     Cost newin 2014 - $800 million  Market value January 1, 2017?
  • 19.
     Assume anoffice set up in 2016 and the equipment, phone system and furniture cost $3 million.  Market value on January 1, 2017?  How much would someone pay for 6 month old FFE?
  • 20.
     $40,000 carcame with software. Software is not taxable. Value without software?
  • 21.
     Companies areleaving behind furniture, equipment, phone systems and computers in the Energy Corridor.
  • 22.
     90%  50% 35%  15%  1%
  • 23.
  • 24.
     Value ofFFE as % of cost new? Low  Cost of more valuable equipment – visit with industry experts  Your estimate will be more reasonable than the appraisal district depreciation schedule.
  • 25.
     Goal isto resolve value through the rendition; that typically works.  If not, need support for value.
  • 26.
     Worst casescenario is to obtain a third-party appraisal and pursue a judical appeal. Provided the value is reasonable, the appraisal district will settle.
  • 27.
     Patrick O’Connor– 713 822 8613  John Fisher – 713 375 4297  Doug Ford – 713 375 4233  Frank Ledesma – 713 375 4250  www.poconnor.com  www.cutmytaxes.com