NFP Industry Trends Kim James 1 Leadership Impact Study 3 - - PDF document

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NFP Industry Trends Kim James 1 Leadership Impact Study 3 - - PDF document

2019 Not-for-Profit Symposium See whiteboards for wifi login information NFP Industry Trends Kim James 1 Leadership Impact Study 3 Fundraising & Marketing Leveraging data New digital tools Peer-to-peer fundraising


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SLIDE 1

1

2019 Not-for-Profit Symposium

See whiteboards for wifi login information

NFP Industry Trends

Kim James

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SLIDE 2

2

Leadership Impact Study

3

Fundraising & Marketing

  • Leveraging data
  • New digital tools
  • Peer-to-peer fundraising
  • Storytelling
  • Transparency and accountability

4

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SLIDE 3

3

Up-and-Coming Tech Tools

  • 3D printing
  • Artificial Intelligence
  • Bots
  • Harnessing the power of data
  • Identifying tech to increase impact
  • Mobile-first technologies
  • Digitally engaging donors

5

Giving Trends and Donor Relations

  • Aftermath of tax reform
  • Donor collaboration
  • Individual giving
  • More authenticity
  • More focus on recurring gifts

6

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SLIDE 4

4

Leadership Strategies

  • Adaptive change
  • Creating an empowering culture
  • Creative problem solving
  • More oversight in revenue and data
  • Strategy and people
  • Strong support system

7

Board Development

  • Authentic communication
  • Board engagement
  • Diversity and equity
  • Intentional relationships
  • Onboarding
  • Setting the right expectations

8

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SLIDE 5

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Resources

  • https://www.nonprofitpro.com

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A Nonprofit’s Guide to Sustainability Through the Lens of a Turnaround Professional Schneider Do Schneider Downs wns No Not-f t-for-Pr Prof

  • fit Sym

it Symposium

  • sium

August 29, 20 st 29, 2019

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SLIDE 6

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Overview

Schneider eider Downs M s Meridian I dian Introduction

  • duction

Co Common N mmon Not-for-Pr Profi

  • fit Mist

t Mistak akes: es:

  • Financial mistakes
  • Strategic mistakes

Using Using Fin Financi ncial A Anal alysi ysis to Pr Prevent an ent and Co d Combat mbat Co Common Mist mmon Mistak akes: es:

  • Financial metrics and ratios – calculation
  • Metrics and ratios – interpretation
  • Financial statement analysis – gaps, limitations, and time
  • Distressed organization- detection, warning signs, and risk

Q&A Q&A

11

Schneider Downs Meridian

Schneider Downs Meridian was created to provide clients with award-winning consulting services in the areas of management consulting, corporate restructuring and debt financing. Additionally, our experience includes having served in the capacity of Court-appointed Receiver, Examiner and Trustee. Our clients range from closely-held businesses to large publicly- traded corporations across the country, but typically are middle- market businesses with sales between $10 million and $500

  • million. They encompass a wide range of industries, including

not-for-profits, manufacturing, construction, distribution and service. The foundation of our success is a constant attention to detail, a focused approach to solving the problems of our clients, a commitment to results, and the ability to pull from our depth of

  • knowledge. Over the years, our professionals have gained an

enviable reputation for our thoroughness, financial expertise, negotiating skills, presentation expertise, and the ability to quickly assess and address the obstacles impeding our client's success.

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Monitor Action Planning Implementation Sustain and Review Strategic Analysis

IMPROVEMENT PROCESS KEY SERVICE OFFERINGS

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Financial Mistakes

Budgets ets are t too aggress essive b both in revenue a e and expenses es Nonprofits are typically too optimistic when budgeting for revenue and donations. At the same time, they set an expense budget to match those revenues. Confusing p using profit its fo s for p positive c cash f flow

  • w

If an organization is break-even but has $1 million of debt payments due, its cash flow will be a loss of $1 million, despite the statement of activities showing no loss.

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Financial Mistakes

Im Impro proper debt debt structur ructure Nonprofits, out of desperation, will start using their line of credit to finance long-term assets. Similarly, nonprofits will carry too much debt, affecting their cash flow and ability to operate. Bui Building ng t too

  • o big

big an and/o d/or raisi raising t g too

  • o little

little Organizations raise too little money, forcing them to incur debt to complete projects. Now, in addition to the additional costs of maintaining the new asset, they also have to service the related debt.

14

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SLIDE 8

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15

Strategic Mistakes

Focusi sing ng on

  • n missi

mission at the e at the expens nse of all

  • f all

else else

Not-for-profits need to find a balance between the mission and remaining financially viable. An

  • rganization cannot serve its community or

employees if it does not exist. Think about mission and value to the community over long periods of time, rather than at any particular moment.

Misal Misallocati tion of

  • f reso

resources

Are your assets being deployed in the most efficient manner? Is your building too big? Are your offices too expensive? Are you investing in programs with little value, both financially and in the community?

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Strategic Mistakes

Misu sunde nderstandi anding ng y your ma market

Not-for-profits, as with any enterprise, needs to fully understand the market they compete in and/or serve. Scen Scenario 1 1

Maki Making dec decisi sions base s based on

  • n assum

assumptions, s, n not fac facts

Introducing a new location or program? What analyses have been performed to back that strategic decision? Scen Scenario 2 2

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SLIDE 9

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Using Financial Analysis to Combat Common Mistakes

  • Financial analysis refers to an assessment of the

viability, stability and profitability of an

  • rganization
  • Some analyses are very common and used in daily

financial conversations (e.g., EBITDA – Earnings Before Interest, Tax, Depreciation and Amortization)

  • Loan documents will usually contain financial

benchmarks (financial covenants – minimum net assets and fixed charge coverage ratios are examples)

18

  • SD Meridian starts by analyzing an organization in three different

categories:

  • Surplus and Cash Flow
  • Liquidity
  • Debt Structure
  • In order to compare trends across different years and/or different
  • rganizations, financial ratios are used (e.g., FCCR – Fixed Charge

Coverage Ratio)

Evaluating Financial Performance

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19

  • Ratios alone are difficult to interpret
  • Standard Ratio Analysis
  • Historical performance
  • Peer-industry ratios
  • Benchmark-industry ratios

Financial Ratios

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  • Time-based
  • Historical comparison over periods of time
  • Year-to-year, quarter-to-quarter, month-to-month, lagging 12 months and
  • thers provide visibility to unique timing issues, such as seasonality
  • Focuses on change in relation to operational strategies
  • Does not account for external factors – macroeconomic and industry trends
  • Cross-section
  • Benchmarked to similar organizations (sources - D&B, Robert Morris, FTC, peers’

990 filings)

  • Compares similar organizations, provides view to macroeconomic & industry

factors impacting all firms

Type of Financial Analysis

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PROFITABILITY AND AND C CASH SH F FLOW ($000 ($000s) 2016 2016 A. 1.Revenue $77,405 2.Operating Expense 65,615 3.Operating Surplus/(Loss) $11,790 4. 4.Oper erating R Rati tio (2. (2. / / 1. 1.) 84. 84.8% B. 1.Net Assets and Liabilities $62,419 2.Change in net assets 7,036 3. 3.Return on
  • n Net
Net Asset Assets (2. (2. / / 1. 1.) 11. 11.3% C. 1.Change in net assets $ 7,036 2.Plus: Depreciation / Amortization 13,536 3. 3.Cash sh Flow
  • w f
from O
  • m Operations
$20, $20,57 572 4.Debt Due Within One Year 4,171 5. 5.Cash sh Th Thro row-Off to to Debt bt R Rati tio (3. (3. / 4. 4.) 4.93 93 D. 1.Long-term Debt Principal Paid $ 9,038 2.Plus: Interest Expense 626 3. 3.Tota Total D Debt bt Serv Service (1. (1. + + 2. 2.) $ 9, 9,664 664 E. 1.Change in Net Assets $9,952 2.Plus: Depreciation / Amortization 13,536 3.Plus: Interest Expense 626 4. 4.EBI EBITDA* $24, $24,11 114 % of Revenue 31.2% F. 1.Less: Total Debt Service $9,664 2.Less: Capital Expenditures 13,250 3. 3.Free ee Cash sh F Flow
  • w bef
before re W Worki rking Capi pital $1, $1,200 4.Change in Working Capital 9,465 5. 5.Free ee C Cash sh Flow
  • w
$10, $10,66 665

Surplus and Cash Flow

Key Concepts of Surplus and Cash Flow

  • Operating Surplus
  • Cash Flow from Operations
  • Debt Service
  • EBITDA
  • Free Cash Flow Before Working

Capital

  • Free Cash Flow

* EBITDA stands for earnings before interest, (income) taxes, depreciation and amortization. For a nonprofit, income taxes would not be relevant and would not need to be a consideration

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  • Debt Service Coverage Ratio
  • Ability to pay principal and interest

EBITD EBITDA* Total debt ser tal debt servic ice** e**

* For a nonprofit, taxes are not a factor and would not be a consideration ** Required debt payments, interest expense, and capital lease payments

  • Can also use cash flows in numerator
  • >1.25 = Sufficient cash flow
  • <1.15 = Cause for concern

Cash Flow Ratios

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  • Fixed Charge Coverage Ratio
  • Ability to service interest on debt

EBIT* + EBIT* + Fix Fixed d charges arges** Fix Fixed c d charges + arges + Int Interes rest e expens pense * For a nonprofit, taxes are not a factor and would not be a consideration ** Usually required debt payment and lease payments

  • >1.25 = Sufficient cash flow
  • <1.15 = Cause for concern

Profitability Ratios

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  • Risk plays a role in the evaluation of investment decisions
  • Risk analysis
  • Short-term ability to generate sufficient cash to repay
  • bligations
  • Long-term ability to pay interest and principal on debt
  • Forecast and budgets are often prepared to determine future

cash availability

Liquidity Ratios

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SLIDE 13

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Liquidity – How quickly will cash turn?

Key Concepts of a Liquidity Analysis:

  • Working Capital
  • Current assets minus current

liabilities, projects future cash inflows over cash outflows

  • A/R and A/P days outstanding
  • How long it takes an organization to

collect invoices from customers and pay invoices to vendors (turnover)

Liq Liquidity ( ($000 $000s) 2016 2016 1.Unrestricted Cash & Investments $6,845 2.Accounts Receivable 6,217 3.Other Net Current Assets 16,584 4.Total Current Assets $29,646 5.Accounts Payable 16,582 6.Other Current Liabilities 13,208 7.Total Current Liabilities $29,790 8. 8.Wo Working Cap Capital ( (4. - . - 7.) .) $( $(144 144) 9. 9.Cur Current Rati Ratio (4. / 7.) . / 7.) 1.00 .00 10. 10.A/R Day R Days o

  • f Re

Revenu nues ( ( (2. . / / 1.) 1.)* 360 360) 28.9 28.9 11. 11.A/P Day Days of O Oth O h Oper Exp ( ( (5. / 4.) . / 4.) * * 360) 360) 91.0 91.0

Liquidity analysis excludes debt, other restricted and long-term cash requirements

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  • Current Ratio
  • Higher = more liquid

Current Current Asse Assets ts Current Liabil Current Liabiliti ities

  • Quick Ratio
  • Useful in liquidation analysis

Cash, Cash Cash, Cash Eq Equiv uivalents lents, and and Accounts R ccounts Recei ceivabl able Current Liabil Current Liabiliti ities

  • Susceptible to window dressing

Liquidity Ratios (Unrestricted)

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  • Cash flow liquidity ratios
  • Operating cash flow ratio

Operat Operatin ing Cash g Cash Flo Flow Current Liabil Current Liabiliti ities

  • Days cash on hand

Unre Unrestri rict cted cash and cash and cash e cash equi uivalents nts Daily cash re Daily cash requirements irements

Liquidity Ratios - Short Term

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Debt Structure/Leverage

Key Concepts of Leverage Analysis

  • LT Debt-to-Net Assets
  • Debt-to-Net Assets
  • Different definitions of debt – all
  • bligations or secured debt

* Unrestricted Net Assets

De Debt S bt Structure ($000 $000s) 2016 2016 1.Long Term Debt Due After 1 Year $18,329 2.Unrestricted Net Assets 46,814 3.Debt Plus Unrestricted Net Assets (1. + 2.) $65,143 4. 4.De Debt to bt to De Debt P bt Plus us U UNA* Rati Ratio ( (1. / . / 3.) 3.) 0.28 .28 5.Total Liabilities $67,076 6.Total l Liab abilit ities ies / U UNA* ( (5. / / 2 2.) 1.4

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  • Debt/Leverage Ratios
  • Long-term debt ratio
  • Portion of the organization’s long-term capital that creditors provide

Long- Long-Term erm Deb Debt Lo Long-t ng-ter erm D m Debt + bt + Net Net Assets Assets

  • Debt ratio

Debt bt ( (Tot

  • tal L

al Liabilit ilities) ies) Tota tal U Unrestri ricted ed Net Assets Net Assets

  • Higher = Unable to meet fixed payments
  • As leverage increases on an organization’s statement of financial position, its risk
  • f failure increases in a financial downturn
  • The art of financing is finding the right balance between leverage and risk

Debt Structure Ratios

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  • Other ratios:
  • Some ratios work well

comparing to peers (earned income ratio)

  • Some ratios work well

comparing over time (benefit cost ratio)

Performance Ratios

RELIANCE RATIO Single largest type of Revenue Total Revenue RELIANCE ON GOVERNMENT RATIO Grants & Contract Revenue from Gov't Agencies Total Revenue EARNED INCOME RATIO Total Earned Revenue Total Revenue SELF SUFFICIENCY RATIO Total Earned Revenue Total Expenses PERSONNEL COST RATIO Total Personnel Expense Total Expenses BENEFIT COST RATIO Taxes, Insurance & Other Benefit Expense Total Salary & Wage Expense GEN, ADMIN & FUNDRAISING COST RATIO General & Admin + Fundraising Expense Total Expenses FUNDRAISING EFFICIENCY Total contributed revenue (Support) Total fundraising expenses COST PER UNIT OF SERVICE Total Program Expenses (single program) Total Units of Service Provided CUNA (PROFITABILITY) RATIO Change in Unrestricted Net Assets Total Unrestricted Revenue (Including releases from restrictions)

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  • Ratios are subject to the same assumptions and challenges as

financial statements

  • Many ratios have high correlation to each other
  • Changing market and business environment conditions must be

weighed and taken into consideration

  • Differences in business offerings need to be adequately

recognized

  • Change is constant with many moving factors
  • Historical views may not be indicative of future performance

Financial Statement Analysis - Limitations

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  • Conservative budgets help prepare entities for less than ideal
  • perating years
  • Proper statement of financial position structure is a key to long-

term success

  • Understand cash flow, both short-term and long-term
  • Understand, and ensure management understands and reports,

key performance indicators and ratios

Key Takeaways

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Schneider Downs Meridian

Please contact us with any questions you may have regarding this presentation or client needs. Michael T. Von Lehman, CTP Director Phone: (412) 697-5248 Email: mvonlehman@schneiderdowns.com William R. Frederick Senior Associate Phone: (412) 697-5845 Email: wfrederick@schneiderdowns.com

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In 2019, both Michael Von Lehman and William Frederick were honored by the Turnaround Management Association’s Turnaround of the Year for a not-for-profit. The prestigious award was the result of their work with Life’sWork of Western PA.

Tax Developments

Eugene J Logan, Tax Shareholder elogan@schneiderdowns.com

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Agenda

1. Overview of Tax Reform 2. Alternative Investments 3. Other Tax Developments 4. Other Hot Topics

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Agenda

1. 1. Ov Over ervie view of

  • f T

Tax R x Reform rm

– Taxati tion

  • n o
  • f Qualified T

Transp spor

  • rta

tati tion

  • n F

Fringe ge B Benefits ts – Si Silo-ing

  • ing o
  • f Un

Unre rela lated d Busine ness In ss Income come – Ne Net t Operat Operating Loss Limit ing Loss Limitatio tions – Excise cise Tax on C x on Covered red E Empl ployees P Paid id in in Excess cess of

  • f $1

$1 mill million – Tax R x Reform rm Im Impac pact on Charitab

  • n Charitable Givin

Giving

2. Alternative Investments 3. Other Tax Developments 4. Other Hot Topics

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Overview of Tax Reform

  • Taxation of Qualif

xation of Qualified T ied Transpor ansportation F tation Fringe inge Benef Benefits its

  • Silo-ing of Unrelated Business Income
  • Net Operating Loss Limitations
  • Excise Tax on Covered Employees Paid in

Excess of $1 million

  • Tax Reform Impact on Charitable Giving

37 38

Reasoning Behind the Tax

  • Parity
  • IRC §512(a)(7) Added – [UBTI] of an
  • rganization shall be increased by any

amount for which a deduction is not allowable . . .

  • Effective for benefits provided after

12/31/17

38

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What is a Qualified Transportation Fringe Benefit?

  • IRC § 132(f)(1) - Qualified Transportation Fringe Benefit

– Commuter highway vehicles – Transit pass – Qualified parking

  • QTFBs may be provided:

– In-kind (employer hands out mass transit pass) – Bona fide cash reimbursement (employee turns in receipt) – Compensation reduction agreement (similar to health FSA)

40

IRS Notice 2018-99

  • Released in December 2018
  • Interim Guidance for Parking Expenses
  • Expense of Providing Benefit – NOT FMV
  • Determination Dependent On:

– Taxpayer pays a third party for employee parking spots – Taxpayer owns or leases all or a portion of a parking facility

  • Notice Does Not Address:

– Office lease that does not apportion the lease cost to parking – Multi-tenant facilities where all tenants share equal access to parking

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IRS Notice 2018-99: Payments to Third Parties

  • Increase in UBTI is the annual cost paid to third

parties up to 2019 pre-tax cap of $265 (2018 cap

  • f $260) per employee
  • Amounts in excess of the pre-tax cap are treated as

compensation to the employee and NOT treated as UBTI

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Payments to Third Parties - Example

  • Pays for all employees to park in City garage

– 28 Employees – Tax Year 10/31/2018 – Cost of Parking - $280 per employee for each month – Tax Impact

  • $15 per month must be reported on W-2
  • $265 per month for each employee is taxable income to the
  • rganization

– Estimated Income of $89,400, Tax of $18,700

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IRS Notice 2018-99: Expenses of Owned or Leased Parking Facilities

  • Reasonable Method

– Four step process deemed reasonable – Using the value is not a reasonable method – Method must allocate expenses to reserved employee spots;

  • therwise it is not considered reasonable
  • Terms Defined

– Parking Facility – Parking Expenses – General Public

  • Excluded Depreciation
  • Can Aggregate Lots if in Same Region

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IRS Notice 2018-99: Expenses of Owned or Leased Parking Facilities

Four Step Method Provided in Notice

  • 1. Allocate UBTI expense to reserved employee spots
  • 2. Determine applicability of public use exception
  • 3. Allocate non-UBTI expenses to reserved non-employee

spots

  • 4. Allocate remaining expense based on typical usage of

remaining spots

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Expenses of Owned or Leased Parking Facilities - Example

  • Owned lot used by employees and patrons
  • Expense of owning lot $27,500
  • 12 of 156 spots identified as reserved for

employees

  • 122 of 156 spots used by other employees on a

normal business day during normal business hours

  • Primary use 78.2% employee use
  • Tax $4,516

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Expenses of Owned or Leased Parking Facilities - Example

  • Owned lot used by employees and patrons
  • Expense of owning lot $42,000
  • 6 of 78 spots identified as reserved for employees
  • 42 of the remaining 72 spots used by the public

(Public use on these spots, no tax)

  • Employee reserved use 7.7%
  • Tax $678
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Expenses of Owned or Leased Parking Facilities - Example

  • Tax Year 9/30/2018
  • Owned lot used by employees and public
  • Employee pre-tax deductions were $200,000 from

1/1/18 - 9/30/18

  • Switched employees to post-tax deductions as of

9/1/18

  • Employee pre-tax bus passes $215,000
  • Impact of Notice 2018-99:

– Only had reserved spots in calculation – Based on cost of lots – taxable parking costs $6,800 – Total taxable expenditures (parking & buses) - $221,800 – Tax of $46,578

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Form 990-T Reporting

  • Joint Committee on Taxation estimated $200

million will be paid in tax for 2018

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Repealing IRC § 512(a)(7)

  • Economic Mobility Act of 2019

– Ways and Means Committee Chairman Rich Neal (D-MA) added to bill

  • Lessening Impediment from Taxes (LIFT) for Charities Act

– Announced on February 28th – Bipartisan Support

  • Stop the Tax Hike on Charities and Places of Worship Act

(H.R. 1223)

– D-SC James Clyburn (Mid-February)

  • Nonprofits Support Act (H.R. 513)

– R-Texas K. Michael Conway (January)

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Overview of Tax Reform

  • Taxation of Qualif

xation of Qualified T ied Transpor ansportation F tation Fringe inge Benef Benefits its

  • Silo-ing of Unrelated Business Income
  • Net Operating Loss Limitations
  • Excise Tax on Covered Employees Paid in

Excess of $1 million

  • Tax Reform Impact on Charitable Giving

50

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Silo-ing of Silo-ing of Unre Unrelat lated Busine d Business Income ss Income

  • Unrelated business taxable income must be separately computed

for separate trades or business

– i.e. deductions of one unrelated trade or business cannot offset income for another unrelated trade or business for the same taxable year (“silo- ing”)

  • Notice 2018-67

– First Guidance Related to EO Provisions – No Bright-Line Test for Trade or Business

  • Rely upon reasonable, good-faith interpretations of the IRC
  • Indicates use of NAICS 6-digit codes will be considered reasonable

– Investment in Partnership with UBTI

  • Can aggregate UBTI from single partnership if –

– De Minimis test (less than 2% ownership) – Control test (less than 20% ownership and no control)

– Transition rule for partnership acquired before August 21, 2018

52

Overview of Tax Reform

  • Taxation of Qualif

xation of Qualified T ied Transpor ansportation F tation Fringe inge Benef Benefits its

  • Silo-ing of Unrelated Business Income
  • Net Operating Loss Limitations
  • Excise Tax on Covered Employees Paid in

Excess of $1 million

  • Tax Reform Impact on Charitable Giving

52

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Changes to NOL Rules

  • 80% Limitation on Post-12/31/17 Losses
  • Post-12/31/17 are indefinitely carried forward. No

Carryback

  • Limitations on the Amount of NOL Allowed
  • Losses prior to TCJA still allowed in full

– Protection for QTF tax

53 54

Overview of Tax Reform

  • Taxation of Qualif

xation of Qualified T ied Transpor ansportation F tation Fringe inge Benef Benefits its

  • Silo-ing of Unrelated Business Income
  • Net Operating Loss Limitations
  • Excise Tax on Covered Employees Paid in

Excess of $1 million

  • Tax Reform Impact on Charitable Giving

54

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Excise Tax on Compensation of Covered Employees

  • Report covered employees paid in excess of $1

million for remuneration or excess parachute payments

  • Taxed at 21%
  • Notice 2019-09

– Calculation is based on payments made in the calendar year ending with or within the taxable year – Common-law employers liable for tax – Payments to related entity for services rendered are included

55 56

Overview of Tax Reform

  • Taxation of Qualif

xation of Qualified T ied Transpor ansportation F tation Fringe inge Benef Benefits its

  • Silo-ing of Unrelated Business Income
  • Net Operating Loss Limitations
  • Excise Tax on Covered Employees Paid in

Excess of $1 million

  • Excise Tax on Private Colleges’ and

Universities’ Net Investment Income

  • Tax Reform Impact on Charitable Giving

56

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TCJA Impact on Charitable Giving: The Bad

  • TCJA Impact on Itemizers

– Doubling of standard deduction ($12,000 to $24,000 for MFJ) – Elimination of many itemized deductions (home equity, 2% deductions, moving expenses) – Cap on state and local tax deductions

  • Changes to Estate Tax

– Temporarily Doubles Estate and Gift Exemption ($22.4M for married couples) – Will greatly decrease the taxable estates – Impact on lifetime giving

57 58

TCJA Impact on Charitable Giving: The Good

  • Charitable Contributions still deductible
  • Gifts of appreciated property still deductible at fair market value
  • Direct transfers from IRAs still allowed ($100K per year) – 2015

PATH Act

  • Increased cash contribution limits from 50% of AGI to 60% of AGI
  • Elimination of the Pease Limitation will help large donors
  • Large donors still itemizing

58

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TCJA – Charitable Giving: The Impact

  • Charitable giving up 5% in 2018

– Surprise, surprise!

  • As expected many taxpayers no longer itemizing

– Expected drop of 10% to 35% – Do taxpayers realize yet? – Economy/mission

  • Continued increase to DAF giving

– Bunching of deductions

59 60

TCJA – Charitable Giving: The Report

  • Giving USA 2019

– Record giving for 2018 – Giving from individuals declined 1.1% (or 3.4% adjusted for inflation) – Giving from foundations was up 7.3% – Giving from corporations was up 5.4% (impact

  • f lower tax rate?)

– Bequest giving was flat

60

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TCJA – Charitable Giving: The Report

  • Giving USA 2019

– Giving to Education and religion decreased a by 1.3% and 1.5% respectively – Giving to human services, health organizations and arts/culture was flat – Giving to international affairs, environmental and animal organizations increased significantly

61 62

Agenda

1. Overview of Tax Reform 2. Alternative Investments 3. Other Tax Developments 4. Other Hot Topics

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63

Alternative Investments

Area o

  • f High R

Risk & & Exposure fo for T Tax

  • Significant Penalties
  • Form 926, Return by a U.S. Transferor of Property to a Foreign

Corporation

  • Up to 10% of FMV of property transferred, limited to $100k
  • Form 8865, Return of U.S. Persons With Respect to Certain Foreign

Partnerships

  • $10,000 for each missed filing, limited to $50k
  • FinCEN Form 114, Report of Foreign Bank and Financial

Accounts (FBAR)

  • $10,000 per each violation

64

Alternative Investments

Documen Documents Used Used by Tax

  • Alternative Investment Schedule
  • Financial Statements of Funds
  • Schedules K-1 or Tax Information Statements
  • Subscription Agreements

Where T Where Tax R x Repor ports

  • Form 990, Schedule F, Statement of Activities Outside the United

States

  • Form 990-T – Unrelated Business Income and Foreign Filings
  • State Forms – Unrelated Business Income
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Agenda

1. Overview of Tax Reform 2. Alternative Investments 3. Other Tax Developments 4. Other Hot Topics

66

Other Development - Wayfair

  • Income tax exemption is NOT sales tax exemption
  • No physical presence required (other thresholds)
  • Ruling does not change WHAT is taxed, rather WHO
  • Each state has different laws
  • PA Effective 7/1/19 - $100,000 in gross sales
  • Ensure annual compliance
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Other Development - Wayfair

  • States Win – Example Maryland New Revenues

Month Registrants Sales/Use Tax Remitted Nov 2018 442 $ 5,900,000 Dec 2018 621 $ 8,300,000 Jan 2019 1,145 $12,100,000 Feb 2019 1,075 $ 6,400,000 3,283 $32,700,000

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Other Developments – DAF Notice

  • Notice 2017-73, some guidance and

insight on the IRS’s view on DAF issues

– Issue #1 – Tickets, dinners and other benefits

  • No help here

– Issue #2 – The Pledge

  • Interesting change in position
  • How is it monitored?

– Issue #3 – Public Support Treatment on grants from a DAF

  • Recording keeping could be an issue

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Other Developments – Rev Proc 2018-38

  • Allows organizations to redact Schedule B

Information identifying donors

  • Doesn’t apply to 501(c)(3) or 527
  • rganizations
  • Montana and New Jersey filed court cases

challenging this rule change

  • California continues to be involved in

litigation on Federal Schedule B, could go to Supreme Court

69 70

Current Developments – Legislative Watch

  • College Bribery Scandal
  • Senate Finance Committee Probes

Nonprofit Hospitals

  • Issues with Syndicated Conservation

Easements

  • “For the People Act”
  • Universal/Above the Line Charitable

Deduction

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Agenda

1. Overview of Tax Reform 2. Alternative Investments 3. Other Tax Developments 4. Other Hot Topics

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Other Hot Topics

  • State Solicitation Initial and Annual Registrations

– States getting more aggressive/sophisticated – Fundraisers are requiring (organization should inquire back – Penalties/fees are usually nominal

  • PA Sales Tax Exemption Applications/Renewals

– Purely Public Charities – Renewals every 5 years – State is actually looking at renewals and questioning/denying exemption

  • Review of Annual Conflict of Interest Questionnaires & Conflict of

Interest Policies

– Enforcing and monitoring?

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Other Hot Topics

  • Review of Donor Acknowledgement Letters

– IRS has won many big cases on issues with Acknowledgement letters – Also applies to donations of property – Partnerships can be required to receive – Additional information on quid pro quo helpful after tax reform

  • State Payroll Registrations

– Online working opportunities – States very aggressive – Issue with over registering

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Other Hot Topics

  • Grant Making Due Diligence

– Foundation contributions and required distributions on the rise – Staffing and experience are difficult to maintain

  • Filing for IRS Tax Exempt Status for New Entities – Form 1023

– 6 or more months wait on applications

– Form 1023EX, IRS is finding a balance

  • IRS budget increase and hiring

– EO to increase staff by 170 – 30% of EO staff to retire in next 3-4 years – Data driven examinations and communications – Referrals or claims still about 50% of all audit activity

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75

TAX HUMOR

Accounting Standards Update

Nick Lombardo Jenn Closser

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Agenda

  • ASU 2016-14: NFP Financial Reporting Model
  • ASU 2014-09: Revenue from Contracts with

Customers

  • ASU 2018-08: Contributions
  • ASU 2016-02: Leases

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NFP Financial Reporting Model Overview

Net Asset Classification Liquidity and Availability of Resources Expense Presentation Investment Return Statement of Cash Flows

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Revenue Recognition

  • ASU 2014-09: Revenue from Contracts

with Customers (ASC 606)

  • ASU 2018-08: Clarifying the Scope and

the Accounting Guidance for Contributions Received and Contributions Made

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Revenue Recognition

  • First step in FASB decision framework:

Is the transfer of resources one in which commensurate value is exchanged? YES NO Exchange

  • transaction. Apply

relevant GAAP (e.g., ASC 606). Non‐exchange

  • transaction. Apply

contribution accounting model.

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Revenue Recognition

Indicative of Exchange Indicative of non‐exchange

Expressed intent by both parties is to exchange goods or services that are of commensurate value. Recipient solicits assets from the resource provider without the intent of exchanging goods or services

  • f commensurate value

Both parties agree on the amount of assets transferred in exchange for goods and services that are of commensurate value. Resource provider has full discretion in determining the amount of the transferred assets. Contractual provisions provide for the assessment

  • f penalties beyond the amount of assets

transferred if the recipient fails to perform. Penalties assessed for failure to comply with the terms of the agreement are limited to the delivery

  • f assets/services already provided and the return
  • f unspent funds.

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ASU 2014-09: Revenue from Contracts with Customers

  • Public entities: years beginning after

December 15, 2017

  • Nonpublic entities: years beginning after

December 15, 2018

Effective Date

  • Retrospective for each period presented

(restate the face) or; retrospective with cumulative effect (modified retrospective) (disclose prior year impact in notes)

Transition Type

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ASU 2014-09: Revenue from Contracts with Customers

Step 1 ‐ Identify contracts with a customer Step 2 ‐ Identify the performance

  • bligations in

the contracts Step 3 ‐ Determine the transaction price Step 4 ‐ Allocate the transaction price to the separate performance

  • bligations

Step 5 ‐ Recognize revenue when the entity satisfies each performance

  • bligation

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Revenue Recognition

  • First step in FASB decision framework:

Is the transfer of resources one in which commensurate value is exchanged? YES NO Exchange

  • transaction. Apply

relevant GAAP (e.g., ASC 606). Non‐exchange

  • transaction. Apply

contribution accounting model.

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ASU 2018-08: Contributions

  • Purpose
  • Who does it apply to?
  • Main provisions
  • Key Issues

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ASU 2018-08: Contributions

NFP conduit bond

  • bligors and public

business entities All other entities Resource recipients

Annual periods beginning after June 15, 2018, including interim periods Annual periods beginning after December 15, 2018, and interim periods beginning after December 15, 2019

Resource providers

Annual periods beginning after December 15, 2018, including interim periods Annual periods beginning after December 15, 2019, and interim periods beginning after December 15, 2020

EFFECTIVE DATES

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ASU 2018-08: Contributions

  • Second step in FASB decision framework:

Does the contribution contain a barrier and a right of return (or release from obligation) YES NO Conditional contribution. Recognize revenue (or expense) when condition is met. Unconditional contribution. Recognize revenue (or expense).

Condition met

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ASU 2018-08: Contributions

  • Right of return

– If recipient does not overcome barrier, donor or grantor is released from obligation

BARRIERS TO ENTITLEMENT

Measurable performance related or other barrier

  • Output, outcome, or level of service must be achieved
  • Specific events (quantifiable/measurable)

Limited Discretion

  • Competitive bids/proposals
  • Follow specific guidelines (allowable costs)

Stipulations must relate to the purpose of the grant

  • Routine reports on how funds were spent is not a condition
  • Audit requirement is not a condition
  • Budget requirement is not a condition
  • Addresses trivial/administrative stipulations
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ASU 2018-08: Contributions

  • The next step in FASB decision framework:

Are donor imposed restrictions present (e.g., purpose

  • r time restrictions)

YES NO Recipient reports revenue as an increase in net assets with donor restrictions. Recipient reports revenue as an increase in net assets without donor restrictions.

Restriction met

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ASU 2018-08: Contributions

Restriction

Limitation on the activity to be performed; the specified activity is narrower in scope than the mission of the company.

Condition

Limitation on how the activity is conducted, or measurable barrier contingent on future performance or event. Related to the purpose of the agreement.

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Decision Tree

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ASU 2016-02: Leases

  • Public entities: years beginning after

December 15, 2018

  • Nonpublic entities: years beginning after

December 15, 2019

Effective Date

  • Modified retrospective for earliest period

presented OR year of adoption, with certain practical expedients; early adoption is permitted

Transition Type

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Scope and Definition of a Lease

  • The new standard applies to leases of all

identified assets except:

– Leases of inventory, assets under construction, intangible assets and biological assets, including timber – Leases to explore for or use minerals, oil, natural gas, and similar non-regenerative resources (including the intangible right to explore for those resources and the rights to use the land)

  • A contract is or contains a lease if it conveys the

right to control the use of identified property, plant or equipment (an identified asset) for a period of time in exchange for consideration.

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Scope and Definition of a Lease

  • A contract conveys the right to control an identified

asset if:

– The right to obtain substantially all of the economic benefits from use of the identified asset. – The right to direct the use of the identified asset.

  • If the customer has the right to control the use of an

identified asset for only a portion of the term of the contract, the contract contains a lease for that portion

  • f the term.
  • A contract does not convey the right to control an

identified asset if the supplier has the substantive right to substitute the asset throughout the period of use

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Lessee Presentation

95

ROU asse U asset Lea ease Liabil Liabilit ity

  • Lease ROU assets can be presented

separately or together with other assets

  • Lease liabilities can be presented

separately or together with other liabilities

  • If not presented separately, disclose

the line item where they are presented and the amount of lease ROU assets

  • If not presented separately, disclose

the line item where they are presented and the amount of lease liabilities

  • Finance lease ROU assets are

prohibited from being presented in the same line item as operating lease ROU assets

  • Finance lease liabilities are

prohibited from being presented in the same line item as operating lease liabilities

96

Questions

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Game Show!!

Kahoot.com (or app) Enter PIN! Nickname Ready to play!

PANEL DISCUSSION: ALL THINGS HUMAN CAPITAL

Grace Schmitt Grace Schmitt, Grace HR Partners St Steve V e Vota taw, Furniture Bank of Central Ohio Danielle Willis Danielle Willis, National Church Residences Moderator: Roy Roy L Lydic, Schneider Downs

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Schneider Downs Not For Profit Symposium Columbus, OH August 29, 2019

100

MEET YOUR PRESENTER

Daniel Desko

(MBA, CISA, CISSP, CTPRP)

Shareholder Cybersecurity & IT Risk Advisory

Background

  • CISA (Certified Information Systems Auditor)
  • CISSP (Certified Information Systems Security Professional)
  • CTPRP (Certified Third‐Party Risk Professional)
  • 15 years of experience, began career working in IT
  • Outgoing ISACA Pittsburgh Chapter President
  • Member, ISC2, ISSA, Infragard
  • Cybersecurity practice leader at Schneider Downs
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  • Substantial Cyber & IT Risk Advisory Services

Team

  • IT Audit, Compliance, Risk Management
  • Third-Party Risk Management Specialty
  • Cybersecurity Operations and Consulting Team

– Organization-wide Cyber Strategy and Consulting – Digital Forensics and Incident Response – Penetration Testing/Red Teaming/Purple Teaming – Mimecast/Carbon Black Partner

ABOUT SD CYBERSECURITY

102

AGENDA

  • Vulnerabilities Hackers Love To Exploit

– Credential Abuse – Social Engineering – Administrator Privileges – Ineffective Antivirus – Physical Security Controls

  • Things Companies Wish They Did Before A Breach

– Incident Response Team / Plan – Cyber Insurance – Logging – Security Products – Incident Simulation

  • Q & A
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Vulnerabilities Hackers Love to Exploit

104

  • Default passwords
  • Passwords that never expire
  • Passwords that are the same as usernames
  • Passwords reused across multiple accounts
  • Improper password storage
  • Improper password transmission
  • Insufficient password requirements
  • Weak passwords that meet sufficient requirements
  • External logins with single-factor authentication

Commonly Observed Password Issues

Credential Abuse

Passwords

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Password Spraying

Passwords

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Password Spraying

Passwords

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107

Password Cracking Analysis

Passwords

108

  • NIST Password Policy Recommendations

–12 or More Characters / 3 out of 4 Complexity –Restrict Common Passwords –Restrict Months / Seasons / Sports Teams –Restrict Company-specific Terms –Expire Less Frequently

  • Disabling Built-In Windows Accounts
  • Remove Administrative Privileges
  • Assess How “Crackable” Your Passwords Are
  • Password Management (e.g., LastPass)
  • Employee Training

General Password Issues

Mitigation

Passwords

  • Block All Foreign IPs (if possible)
  • Detect, Then Block or Shun IP

–Failed Login Attempts (Volume / Origin)

  • Windows Event Log ID: 4625
  • Implement Multi-factor Authentication

–Application (DUO, Google Authenticator, etc.) –SMS –Physical Token (Yubikey)

Single-Factor Authentication

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109

Most data breaches involve some form of social engineering

Susceptibility to Phishing

Phishing

110

Credential Harvesting

Phishing

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111

Payload Execution

Phishing

112

Mitigation

Phishing

  • Review and Purchase Top 10 Similar Domains
  • Properly Configure Spam Filters

– Block Similar Domains, New Domains, Known Bad Domains – Block Keywords – Block Certain Attachments (.EXE / .BAT / .VBS)

  • Advanced Anti-Phishing Software (e.g., Mimecast)

– Algorithmic Spam Filter (Impersonations, Context, Domain Reputation) – Rewrite Links – Sandbox Attachments

  • Employee Training

– Frequent Internal Simulations

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113

Overly Permissive Admin Rights

Administrative Permissions

114

Overly Permissive Admin Rights

  • Many offensive techniques require local admin rights
  • Bypassing endpoint protections and security controls is often possible with local admin rights
  • Local admin rights often translate to remote access
  • Local admin rights are often shared across multiple machines, leading to widespread compromise

Obtaining local admin rights is a huge advantage for a hacker Many organizations are not restricting local admin rights due to technical and/or cultural challenges

Administrative Permissions

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115

Ineffective Antivirus

  • Not all antivirus products are the same
  • Blind spots

– Default exclusions (certain files types, certain folders, etc.) can be exploited by attackers

  • Signature-based detections ONLY

– Can be evaded by basic obfuscation techniques

  • Software flaws

– Some antivirus products can be easily disabled by terminating services on the endpoint

Antivirus

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Mitigation

Anti-Virus

  • Selection Process

– Ensure that your antivirus product has behavioral analysis and memory scanning capabilities – Only looking for bad file signatures is not effective

  • Proper Configuration

– Ensure that your antivirus product is configured to utilize its full potential

  • Routine Testing and Review

– Review configuration

– Confirm desired capabilities

  • Update Definitions Automatically upon Release
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117

Physical Access Control Gaps

Physical Security

Commonly identified issues:

  • Overly agreeable guards/receptionists
  • Unlocked doors
  • Unlocked and unattended systems
  • Back doors that can be tailgated
  • Motion sensors that can be hacked
  • Security camera blind spots
  • Unsecured vents
  • Drop ceilings
  • Unsecured network closets

Why hack a system when you can just walk up to it, sit down and access it?

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Physical Access Control Gaps

Physical Security

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119

Hacker Hardware (Physical)

Physical Security

120

Pretexting

Physical Security

“We damaged a fiber

  • ptic cable nearby and

need to look at your data center to make sure your network performance wasn’t affected.”

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121

Things Companies Wish They Did Before a Breach

122

No IR Team / Plan

IR TEAM

  • Establish a relationship
  • Avoid vendor vetting during a breach
  • Golden hours (first 24)
  • Gain infrastructure familiarity

IR PLAN

  • Scope of the policy
  • Key definitions
  • Overview of the network topology
  • Incident response team’s roles and responsibilities
  • Protocol to notify your insurance company and legal

counsel of the breach

  • Phases of the incident response effort
  • General guidelines for each type of potential threat
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123

No Cyber Insurance

Nearly every firm that experienced a breach that had not purchased cyber insurance regrets that decision.

124

Log Collection

We often find ourselves flying blind after a breach because logging was never enabled for key systems and accounts,

  • r the company overwrote

logs to save space.

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125

Log Monitoring

  • Symptoms of a breach often appear in the

logs well before a compromise occurs.

  • Catch the bad guys before an attack.
  • Assess the scope and severity of a breach.
  • Identify how long an attacker had it and what

they did with their access.

  • Developing a detailed understanding of how

the breach unfolded.

  • Provide justification for the countermeasures

needed to prevent a reoccurrence.

  • Governance and legal obligations.

126

Security Products

  • Invest in prevention
  • Prepare to respond to an attack
  • Educate yourself on the type of risk your organization faces
  • Assess the effectiveness of your cybersecurity defenses
  • Executives often know where their cybersecurity defenses fall short long before a breach
  • Engage a third party to conduct an independent assessment
  • Ask your IT security staff for their recommendations

VENDOR PARTNERSHIPS / RECOMMENDATIONS

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127

Incident Simulation

  • Things like a penetration test or a tabletop exercise simulates a breach and tests your organization’s

response.

  • Engage professional services firms with experience facilitating such exercises.
  • Make sure to capture lessons learned and make appropriate updates to your incident response plan.
  • There are many technical exercises that can simulate hacker activity, including tools and tactics often

used to overcome security countermeasures. These drills take tabletop exercises to a new level and really put a company’s defenses to the test.

Address

65 E State Street, Suite 2000 Columbus, OH 43215

Phone & Email

(412) 697‐5285 contactsd@schneiderdowns.com

Website

schneiderdowns.com

Q & A

ddesko@schneiderdowns.com

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An Introduction to Robotic Process Automation Columbus, OH August 29, 2019

130

MEET YOUR PRESENTER

Patrick Armknecht

(CPA, CITP)

Shareholder Technology Advisors

Background

  • CPA (Certified Public Accountant)
  • CITP (Certified Information Technology Professional)
  • Member ISACA
  • 26 years of experience, industry, audit & consulting
  • Technology Advisors Shareholder at Schneider Downs
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131

What is RPA

Robotic Process Automation (RPA)

  • Robotics solutions are innovative

solutions for a fully automatic handling of business processes with high‐volume repetition.

  • Robots (bots) deliver repetitive,

deterministic, high‐volume tasks efficiently, quickly and consistently.

  • People build relationships, provide

subjective judgment, deliver low‐ frequency tasks, and manage change and improvement. RPA is integrated within an existing IT infrastructure

Can work across multiple technology platforms.

RPA simulates an employee

Like an employee, has access to systems to perform workable tasks.

RPA is software

The software is trained based on functional specifications and can be adjusted at any time.

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Benefits of RPA

Cost Efficiency Can cost less than existing or

  • ffshore labor

Productivity Robots work around- the-clock and at a faster speed then traditional methods Employee Satisfaction Allow employees to spend more time on value-added tasks and business strategy and analysis Reliability Reduction in errors and mistakes if configured properly Scalability Can handle business growth without adding to the labor pool (digital workers

  • vs. traditional).
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133

RPA Limitations and Considerations

RPA cannot deal with non-routine processes Changes to the environment require bot maintenance RPA cannot make inefficient processes efficient

134

When to Use RPA

Data is digital Processes are rule- based and stable Manual intervention is minimal The RPA provides cost savings Tasks are manually intensive

  • r have

significant volume User Interface is consistent

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135

Investment/Cost

Annual licensing of bot technology

  • Starts as low as $10,000 a year for a single bot runner

Infrastructure costs

  • Hosting or possibly adding capacity to your existing infrastructure

Additional application licenses

  • Unique bot credentials for the applications interacting with the bot

Bot development and maintenance (in-house or outsourced)

  • Time or outsourced cost associated developing, maintaining or

improving bot performance

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Level of Effort

Bot development

  • Once properly trained, bot development typically takes

anywhere between 2 to 8 weeks per bot

  • Business process documentation
  • Bot development
  • Q&A testing
  • User acceptance testing

On-going Effort

  • Bots require supervision to ensure they run properly
  • Updates may be needed when interfaces change
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137

Best Practices for Implementing RPA

  • 1. Develop an opportunity assessment framework
  • 2. Document “as is” and “to be” states of each process to be automated
  • 3. Prepare a communication plan (internal and external if necessary)
  • 4. Set goals and monitor your progress
  • 5. Measure the return on your RPA investment
  • 6. Establish a governance model for RPA
  • 7. Take a holistic approach to RPA implementation

The greatest return on investment will be realized by businesses committed to the automation process!

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Demo 1: Bank Reconciliation

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139

Demo 2: HR Compliance

Address

65 E State Street, Suite 2000 Columbus, OH 43215

Phone & Email

Main Line: (614) 621‐4060 contactsd@schneiderdowns.com

Website

schneiderdowns.com

Q & A

parmknecht@schneiderdowns.com

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