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Home Buyer Tax Credit, NOL Enhancements Enacted Into Law
In a major victory for NAHB that will boost the fledgling housing recovery and help struggling business owners nationwide, Congress this week approved legislation that will extend the first-time home buyer tax credit beyond its Nov. 30 deadline and expand it to a wider group of home buyers. The bill also provides relief to cash-strapped home builders by providing broader tax benefits for businesses with net operating losses (NOLs).
The legislation, which was signed into law by President Obama Nov. 6, will extend the $8,000 credit for first-time home buyers for sales contracts entered into by April 30, 2010 and closed by June 30. Further, it has been expanded to include a new $6,500 credit for owners of existing homes who are purchasing a new principal residence. An existing home owner can claim the $6,500 tax credit if they have been residing in their principal residence for five consecutive years out of the last eight.
In more good news, the income eligibility limits to claim the full credit amount for both groups of home buyers have been raised from $75,000 for single taxpayers and $150,000 for married taxpayers filing a joint return to $125,000 for individuals and $225,000 for married couples.
NAHB’s consumer-oriented Web site, www.FederalHousingTaxCredit.com, provides complete details on the enhanced home buyer tax credit. NAHB will soon launch a set of resources at www.nahb.org/taxcreditresources to help our members understand and promote the new tax credit. Be sure to visit the site early next week. Knowing that many of our members may already be getting questions about the new law, NAHB on Nov. 5 sent out a PRx to Executive Officers to provide them with talking points and a fact sheet on the expanded home buyer tax credit.
For NOLs, the new law will allow all businesses -- regardless of size -- with operating losses in 2008 or 2009, not both, to claim refunds on taxes paid up to five years ago. Businesses can offset 100% of taxable income with NOLs carried back in years one through four and offset 50% of income in year five. Small businesses with less than $15 million in gross receipts would be able to claim a five-year carryback for 2008 losses under the American Recovery and Reinvestment Act and for 2009 losses under the new law. The new net operating loss provisions will throw a lifeline to struggling businesses, allowing them to continue making payrolls, paying business loans and otherwise keep their doors open until the economic recovery takes hold.
Immediately following congressional passage, NAHB Chairman Joe Robson sent a memo to the entire federation about the importance of this legislation to the housing industry and how NAHB was instrumental in helping to get the bill passed. The communiqué was also delivered to the EOs via the PRx Exchange. Additionally, NAHB issued a press release applauding Congress on extending and enhancing the home buyer tax credit.
On Nov. 5, the House approved the legislation by a vote of 403 to 12, less than 24 hours after it sailed through the Senate by a unanimous 98-0 vote. Prior to the congressional votes, NAHB sent letters to leaders in each chamber designating passage as a “key vote” due to its importance to the housing industry. In addition, NAHB issued a Legislative Alert earlier this week urging our members to call their senators and representatives immediately and tell them to support the tax credit and NOL carryback because they will preserve and create jobs, stabilize the housing market and provide critical stimulus to the nation’s economy. For more information on the legislation, contact Greg Brown at 1-800-368-5242, ext. 8421.
This article first appeared in NAHB's Eye on the Economy.
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Lawmakers Signal Last Action on Home Buyer Tax Credit
Even as Congress neared completion earlier this month regarding legislation to extend and enhance the home buyer tax credit, proponents of the tax credit made it perfectly clear that the extension would have a limited shelf life and not be extended again when it expires next year.
Sen. Johnny Isakson (R-Ga.), a long-time champion of the home buyer tax credit, said: "This is the last extension of the home buyer tax credit. Tax credits like this only work by creating the sense of urgency to take advantage of it, and to bring the market back."
On the floor of the Senate, Finance Committee Chairman Max Baucus (D-Mont.) said that, “It’s important that this tax credit does not become a permanent fixture in the tax code. Our amendment would end the credit on April 30 of next year. This extension would get us through the winter – traditionally the worst season for real estate. Our amendment would jump-start the housing market as it enters the summer months of 2010.” Baucus added that the seven-month extension of the tax credit would be “long enough to encourage home buyers to buy homes, but it’s short enough to remain fiscally responsible.”
This article first appeared in NAHB's Eye on the Economy.
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The Difference Between Cash Flow and Profits
By Jordan B. Zimbelman
Balancing your company’s books is not like balancing your company’s checkbook.
You balance your checkbook using the cash-basis accounting method, which is simply totaling all the deposits, subtracting the payments, and — voilà! — that’s how much money you have in the checking account.
But you can’t report company books balanced that way (which measures cash flow) to either your bank or the IRS. According to generally accepted accounting principles (GAAP), you get a truer picture of your profit with the accrual accounting method.
As a manager, you must understand why profit doesn’t equal cash flow. Both measures, while very different, are important to your financial health.
Accrual Accounting
There are a couple problems with using cash flow to measure your company’s financial performance. Both have to do with the timing of economic events. Consider the following:
- Payment doesn’t always occur at the same time goods and services are provided.
- Revenues and expenses don’t occur at the same time.
Cash flow is, by nature, very volatile. The goal of accrual accounting is to remove some of that volatility so that your financial performance doesn’t depend on when you look at your books.
For example, when a trade contractor finishes his work he mails you an invoice. At that point in time you owe him money. The cash-basis accounting method inaccurately claims that you haven’t incurred an expense because you haven’t paid him yet.
As another example, some builders require deposits from their customers upfront before construction begins. Under the cash-basis method, if you examined your books just after receiving this deposit, it would appear that you’ve turned a huge profit (because you’ve recorded the revenue without any accompanying expenses).
Accrual accounting corrects for these timing issues in two important ways:
- First, revenues are recorded when they are earned, not when payment is received.
- Second, expenses are recorded at the same time as the revenue they help generate.
In the home building business, this means waiting to record revenue and expenses until construction is finished and the home is sold. Expenses that cannot be matched to a specific home, such as advertising, are recorded as soon as they are incurred.
Equity vs. Cash
When you turn a profit, it adds to the equity portion of your balance sheet. Equity is the amount of investment you have in the business. But profit isn’t always cash. To keep your books balanced, the accrual method adds several accounts to your balance sheet:
Payables and Receivables. Say you finish construction on a pre-sold home, but haven’t received payment yet. Because you have earned the revenue, your equity has increased. But there hasn’t been any increase in cash, so what asset does that equity refer to?
To maintain balance, the price of the home is added to a placeholder asset called accounts receivable. When you receive payment, you shift the price of the home out of accounts receivable and into the cash account.
Similarly, when you expense something that has yet to be paid for, equity has decreased without a corresponding decrease in cash. Accounts payable keep your books in balance between expense recognition and payment.
Inventory. You incur many costs and expenses during construction of a home. But they are not recognized on your income statement until closing. How do your books stay balanced with a decrease in cash but not a corresponding decrease in equity?
The costs and expenses are added to the placeholder asset inventory, which offsets the decrease in cash. The inventory is written off when the house is closed.
Liabilities. When a customer deposits cash with you before the home is finished, there is no increase in your equity because you haven’t earned that revenue. To keep your books balanced, the deposit is classified as a liability.
In general, liabilities refer to the amount of borrowed money invested in your business. Although borrowed money increases your cash flow — and you are free to purchase anything you want with it — it is certainly not profit.
Maximizing Your Profit
The goal of your business is to earn you cash. The best measure of this goal is profit because profit takes into account the cash that belongs to you and the cash that belongs to someone else.
For example, part of your profit consists of accounts receivable. Although accounts receivable aren’t cash, they increase your wealth because you have gained the legal right to receive cash in the future.
Moreover, using only cash flow to measure financial performance is inaccurate because it doesn’t take into account investment. Investing your cash in fixed assets doesn’t decrease your wealth, because those assets can be sold for cash in the future.
For example, construction costs and expenses don’t decrease your wealth. Assuming you haven’t made a poor business decision, they should be fully recouped when the house closes. Accrual accounting correctly recognizes these costs and expenses as an investment in inventory.
Profit vs. Owner Compensation
The profit of your business is not the same as your compensation. When you compensate yourself, you take money out of the business and put it in your pocket. That money in your pocket doesn’t bring you any return.
Remember that equity (whether it’s cash, receivables, inventory or something else) is your investment in the business. An investment is putting cash away today for profit in the future. When you compensate yourself, you reduce your equity and are trading larger profits in the future for profits today.
Determining how much to compensate yourself depends on your personal financial situation. Unless you have other, more lucrative business opportunities, you should leave excess cash in the business where it will bring you a return.
Reserving Enough Cash
Although profit is a better measure of financial performance, it’s still very important to monitor cash flow. When your bills come due, you won’t be able to pay for them with accounts receivable or inventory.
The size of your cash reserves determines the risk level of your business. Fixed expenses like loan interest must be paid or you’ll go bankrupt. Maintaining adequate liquidity is one of the most important aspects of financial management.
It’s often tempting to let your cash reserves get too low, because fixed assets offer a higher return on investment. Under accrual accounting, investments are capitalized and therefore show no effect on your bottom line. But profit means nothing if you go out of business to obtain it.
Jordan B. Zimbelman served as NAHB’s Business Management Department as an intern in 2006.
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Your Market Prospects Are Well Within Reach on Facebook
It seems like you can’t even turn on the news these days without hearing about Facebook, and there is a very good reason for that.
Next to Google, Facebook is without a doubt the fastest growing Internet phenomenon we have seen.
Facebook says it has more than 250 million active users, 120 million or more who log on at least once a day. But before you think that Facebook only appeals to young people, let’s dispel one myth about social networking right now. It’s is not just for kids anymore.
According to two leading aggregates of social media statistics, IStrategy and Mashable.com, the 55-plus and 35-54 age groups — the two groups many, if not most, of us target — are the fastest growing segments of Facebook users, at almost 515% and 190%, respectively. And Facebook is not only growing in popularity, it’s bringing in results.
A few weeks ago, a Realtor® client of mine contacted me in search of a very specific type of home. She had already searched most of the home builders’ Web sites that I had recommended to her, but she couldn’t find exactly what her client wanted.
So, after her call, I posted a status update on my personal Facebook profile and, within 10 minutes, I had responses from four on-site agents who are part of my Facebook network letting me know what suitable homes they had in their inventories. The Realtor® made appointments with two of the agents and wrote a sale from one of them that very afternoon. Since then, the Realtor® and on-site agent collaborated on two more deals.
There’s one more wrinkle to this story. The on-site agent who made the sale was actually off the day I posted my inquiry for the Realtor®. His wife saw my Facebook post first.
So, Facebook works, and it’s rapidly changing the face of business today. It’s helping Realtors® and sales agents find prospects and close sales and Facebook is helping builders and remodelers improve customer service and business. It’s truly an opportunity for you to network on a while new level, but before you jump in with both feet there is a lot you need to know.
Getting Started ― Your Profile Is for Personal Use Only
Getting started on Facebook is as easy as going to Facebook.com and setting up a user profile. However, like any other networking site there are certain terms and conditions you must follow.
First, understand that Facebook was created to be a social network for personal use. But don’t let this dissuade you from including it in your viral marketing strategy. A ton of business is being conducted on Facebook. All you have to do is follow the rules.
User profiles must be legitimate, and they have to be for individuals, not companies. You cannot set up a “dummy profile.” If you get caught, and the odds are that you will because someone will report you, your profile will be revoked.
One of the biggest mistakes I see builders making is that they try to set up a profile under their builder name and then try to attract “friends.” You cannot do business on your profile page. If you are strictly posting your listings and information about your company on a profile page — your profile will get revoked. Not only that, you won’t gather many “friends.”
Facebook Is About Conversation
I like to think of Facebook as being like going to a cocktail party. If all you do there is talk about your business, how many people do you think actually will want to talk to you?
Facebook is truly about conversation, about providing valuable and entertaining information. It’s about making and keeping in touch with friends.
But don’t worry, Facebook does have a provision designed for business called a Fan Page. Once you have your personal profile set up, you can add a Fan Page. To create a Fan Page, go to facebook.com/pages/create.php. Many of my clients have created Fan Pages and have literally seen their fans or followers grow overnight.
After creating a base of at least 100 fans, Facebook allows you to set up a vanity URL or Web address that will be easier for you to advertise outside of Facebook.
When creating and building your Fan Page, remember that, even if your page is all about self promotion, if you don’t provide interesting content, you won’t get many fans, and many of those who are your fans will unsubscribe. So be sure that you are providing valuable information ― and having fun ― in addition to any company promotions that you want to share.
For instance, contests on Fan Pages provide home builders with a real opportunity to make fun and meaningful connections with prospects, current and former customers and Realtors®. Contests provide a golden opportunity to craft your brand, showcase your unique selling proposition and stay in the minds of your fans for when they are in the market for a new home or, more importantly, when they know someone who is in the market for a new home.
Fan Pages can also purchase advertising within Facebook. There are multiple options, but ads are highly targeted and are generally provided on a pay-per-click basis, so they are reasonably priced.
Facebook recently created a Face Page analytic tool called “Insights” that provides your fans’ demographics and the number of fans you are attracting as well as the number of interactions your posts are attracting. Insights is a free Facebook service. More comprehensive analytics services, including many that can analyze your entire viral networking campaign, can be purchased from outside vendors.
Facebook’s Challenges and Pitfalls
Facebook is free, which can certainly keep the hard dollar cost to get involved in this type of marketing low, but it is extremely expensive in other ways.
Facebook ― as well as other social networking sites ― requires time and man-hours to research, implement and sustain.
A major pitfall that can potentially do damage to you, your company, your brand and your image is to venture into social networking and create Facebook and other accounts without a viral marketing strategy that clearly defines your goals and the road map to achieve them as well as what paths to avoid.
It also is extremely important to communicate your plan to all your associates and staff members, that you solicit their buy-in and that you encourage and reward their participation and support.
While social media and viral marketing often create more questions than answers, especially for the uninitiated, they really can no longer be ignored and are too important not to pursue correctly, given current economic conditions and viral networking’s vast potential.
The previous article was generated from the Sales and Marketing Council and appeared in Nation's Building News.
Kimberly Mackey, MCSP, CMP, Realtor®, is the founder of Creative Sales Solutions, which provides sales and leadership training in all aspects of business development — including social media strategy and training — and sales and marketing management and training. For more information, visit the Creative Sales Solutions Web site at www.creativesalesnow.com, or visit Mackey at LinkedIn, www.linkedin.com/in/kimberlymackey; Twitter, www.twitter.com/CreativeSales; and Facebook, www.facebook.com/CreativeSalesSolutions.
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Action Needed: Submit Comments to EPA on Lead Paint Rule
NAHB members are urged to comment on a recent proposal by the U.S. Environmental Protection Agency that would add more requirements and costs — and subject the remodeling and renovation of an estimated 40 million additional homes — to the lead paint regulations that will go into effect in April 2010.
The EPA comments are due Nov. 27.
“Anyone compensated for working inside homes built before 1978 will be affected by this rule,” says Bob Hanbury, CGR, a remodeler from Newington, Conn. “NAHB members need to have their say before EPA makes this rule stricter and burdens contractors with greater requirements.”
Members who wish to send comments to the EPA can download and complete a letter template created by NAHB. The link is available to NAHB members only.
Members who have noticed an impact on their business from the new lead paint regulation and wish to submit information for the NAHB comment letter are urged to e-mail Matt Watkins at NAHB with details; or call him at 800-368-5242 x8327
The proposal, a result of the EPA’s recent settlement with environmental advocates, would remove the “opt-out” provision in the Lead: Renovation, Repair and Painting rule governing remodeling activities in homes and child-occupied facilities built before 1978 that are more likely to contain lead.
As the rule currently stands remodelers and other contractors (such as carpenters, plumbers, roofers, window and siding contractors, HVAC, and electronic installers) doing work in homes affected by the lead paint regulation must pay a $300 fee to certify their firms, have a trained and certified lead renovator on staff, educate home owners, contain and clean up dust, conduct a final dust wipe to confirm cleaning, and maintain records of all the work done. The rule goes into effect in April 2010.
The rule also currently allows an “opt-out” provision for homes without children under six and pregnant women as residents. If the proposal to remove the provision is accepted, all pre-1978 homes will be subject to the rule.
The EPA is also collecting cost estimates on how the rule will affect remodelers and contractors, including specific examples and suggestions for reducing the costs of the rule.
Additional proposed changes to the rule include a requirement for contractors to give the home owner a compliance checklist document to add to their home records that can be passed on to future owners. The checklist would describe the sections of the home renovated and details on rule compliance.
NAHB is submitting comments to EPA with concerns about EPA’s proposing changes to a rule not yet in force, the lacking number of trainers to train contractors by April 2010, and the great increase in costs to the contractor because of the rule. NAHB members are encouraged to use the template letter and tailor with any additional comments, including:
- Estimates of costs to your business (including labor, record keeping requirements, insurance, tools, materials, and more)
- Concerns about home owners hiring unscrupulous contractors to avoid greater costs due to the rule
- Lack of training providers for obtaining certification by April 2010
- EPA’s lack of outreach to builders, remodelers, trades, and other affected contractors
- EPA’s lack of outreach to homeowners about the rule and how it may cost them more in contracting and remodeling expenses
- EPA’s creating confusion by proposing changes to a rule that has not been fully implemented
The full proposed amendment was published in the Federal Register and can be downloaded in PDF format.
For more information on the current rule, including obtaining training and certification, visit www.nahb.org/leadpaint.
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Webcast Course on Dec. 10 to Teach Customer Service Skills
For the first time, The NAHB University of Housing is offering a webcast of its Customer Service course on Thursday, Dec. 10. The course will be held from 10:00 A.M. to 6:00 P.M. ET, at the National Housing Center in Washington, D.C.
Participants can attend the course in person or watch it during the live webcast by registering on the NAHB Web site at www.nahb.org/Customer.
Several local home builders associations also will be showing the live webcast, and participants can contact the participating HBA to register. A complete list of participating HBAs is available here.
About the Course
The Customer Service course teaches participants how to manage every phase of customer interaction — from initial contact through construction, the warranty period and beyond.
Graduates of the course will be able to:
- Understand customer expectations and behaviors
- Set appropriate service criteria
- Etablish and communicate their quality standards
- Administer the customer service process
- Understand and fulfill their obligations for warranty service
- Enhance their repeat and referral sales
Designation credit is available for CGA, CGB, CGR and Master CSP. Continuing education credit is available for CAPS, CGA, CGB, CGR, GMB, CSP, Master CSP, CMP and MIRM.
Beverly Koehn, CAPS, CGA, CGB, CSP, GMB, MIRM, of Beverly Koehn and Associates, based in San Antonio, a sought-after consultant and speaker with more than 20 years of experience in sales and customer care in the real estate industry, is the instructor.
For more information, e-mail Maria Nande at NAHB, or call her at 800-368-5242 x8435.
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Celebrate Star Power at the 2010 Designation Achievement Reception
Registration is now open for the biggest night of the year for NAHB designees! Celebrate your accomplishments and those of your peers at the Designation Achievement Reception, Monday, Jan. 18, 2010, 6:00 P.M. to 8:00 P.M. at the Las Vegas Hilton in Las Vegas, Nevada.
It will be an evening to remember and a fitting accolade for the 2009 Designees of the Year, who will be announced at the event. Come prepared to enjoy light hors d’oeuvres and libations and a rare chance to connect with industry stars from every area of the building industry. Emcee Tim Sullivan will keep things lively as he recognizes the 2009 graduates.
This year’s celebration brings together designees from all over the housing galaxy — builders, remodelers, sales and marketing professionals and more — so you’ll see new faces and make contacts you may have missed otherwise.
Register now at www.nahb.org/designationreception. You may also complete your registration by fax with this form. The deadline to register is Tuesday, Dec. 29. The 2009 graduates receive complimentary entry to the event if they register by Dec. 29.
For more information about the Designation Achievement Reception, contact The Professional Designation Helpline at 800-368-5242 x8154 or designations@nahb.com.
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