Banking and Financial Services Archives - Page 3 of 7

Going for the Green

One of the more challenging aspects of running a cannabis business is the inability to access banking services because banks are federally regulated, and cannabis is illegal on the federal level. However, change could be coming after the U.S. House of Representatives voted to pass legislation that would legalize cannabis banking. If the Senate agrees, proponents of the effort say, cannabis operations will become easier, less costly, more transparent, and accessible to a wider range of investors.

Want to start a cannabis business? You’d better have a lot of cash on hand.

However, that equation could be changing after the U.S. House of Representatives voted to pass legislation that would allow the cannabis industry to access banking and financial services, even as the substance remains illegal under federal law.

The Secure and Fair Enforcement (SAFE) Banking Act passed the House by a vote of 321 to 103, with nearly half of Republicans joining all Democrats but one in voting in favor of the bill.

Now the bill will move to the U.S. Senate and, eventually, to the president’s desk. Proponents are confident in their chances of passage.

“It would be great for the cannabis industry and great for the banking industry,” said Peter Gallagher, chief financial officer at INSA, a cannabis dispensary in Easthampton. “A lot of banks we’ve talked to are very interested in getting into it, but don’t want the risks associated with it, so they’ve steered clear of it.”

Banks providing services to state-approved cannabis businesses could, in theory, face criminal and civil liability under federal statutes. In fact, only two financial institutions in Massachusetts have taken on the risk, both of them located in the eastern part of the state. So most cannabis companies operate as cash-only businesses.

“The implications of having to handle a lot of cash are pretty profound,” Gallagher told BusinessWest. “A lot of effort goes into counting and transporting it. To the extent that we can move some of this to credit, it would make our operations a lot easier.”

Momentum to legalize cannabis has made the banking issue impossible to ignore at the federal level. Currently, 33 states, the District of Columbia, Guam, and Puerto Rico have all legalized the use of marijuana to some degree. Yet the possession, distribution, or sale of marijuana remains illegal under federal law, which means any contact with money that can be traced back to state marijuana operations could be considered money laundering and expose a bank to significant legal, operational, and regulatory risk, notes the American Banking Assoc. (ABA).

“The rift between federal and state law has left banks trapped between their mission to serve the financial needs of their local communities and the threat of federal enforcement action,” the association wrote recently. “ABA believes the time has come for Congress and the regulatory agencies to provide greater legal clarity to banks operating in states where marijuana has been legalized for medical or adult use. Those banks, including institutions that have no interest in directly banking marijuana-related businesses, face rising legal and regulatory risks as the marijuana industry grows.”

Gallagher said legalizing cannabis banking across the board makes sense on many levels.

“From a business perspective, it would make banking more accessible and less costly, and it would eliminate the risk of enforcement and regulatory action that banks are worried about, which is what’s leading them to abandon the market.”

Most think they would gladly jump in — making the cannabis industry more accessible to a wider range of entrepreneurs, while bringing down costs — if the SAFE Banking Act becomes law. And that’s what the Senate will have to consider as it begins its review.

Dollars and Sense

Scott Foster, a partner with the law firm Bulkley Richardson who helped establish its cannabis practice, said the law, if passed, would open up the ability of cannabis businesses to use local branches of local banks essentially overnight — if the banks decide to get involved, which seems likely, given the ABA’s advocacy on the issue.

“This is driven not by the cannabis industry, but by the banking industry,” Foster said. “We need clarity in this issue, considering all the non-cannabis businesses affected by this.”

“A lot of banks we’ve talked to are very interested in getting into it, but don’t want the risks associated with it, so they’ve steered clear of it.”

Indeed, in addition to growers and retailers, there are plenty of vendors and suppliers, landlords, and employees indirectly tied to the cannabis industry, thus posing legal risks for banks serving those individuals.

Rob Nichols, ABA president, recently wrote about two such examples: a bank in Ohio was forced to turn down a loan to a fencing company hired to build a fence around a marijuana growing facility, and a bank in Washington had to close an account when a law firm took on a marijuana business as a client.

“If either of these banks looked the other way, they risked violating federal law and facing criminal prosecution,” Nichols said, noting that these examples are far from isolated. An ABA survey found that 75% of banks have had to close an account, terminate a client relationship, or turn away a customer because there was some connection to cannabis.

“What we’re seeing is employees of cannabis companies being turned down for mortgages, and checking accounts closed down because they’re being paid by cannabis companies. That’s the biggest impact that’s actually driving the law,” Foster told BusinessWest. “Senators in states where it’s legal are saying, ‘time out.’ This isn’t about cannabis companies, it’s about the people selling stuff to them, landlords, even W.B. Mason delivering supplies. They’re getting caught up because they’re being paid by cannabis companies, and banks are saying they can’t accept the money. It’s an unintended ripple effect that’s causing a shift in thinking in Congress.”

Furthermore, reconciling the legal divide between state and federal laws would bring benefits to the communities banks serve, Nichols argues.

“The estimated $24 billion in cannabis sales by 2025 in states where marijuana has been legalized could be deposited safely with federally regulated financial institutions, enhancing transparency, public safety, and tax revenue,” he said.

And it’s not just banks asking for lawmakers to take action, he noted. A bipartisan group of 19 state attorneys general last year wrote a letter to lawmakers, arguing that bringing cannabis businesses into the banking system would improve accountability and increase public safety.

“This isn’t about cannabis companies, it’s about the people selling stuff to them, landlords, even W.B. Mason delivering supplies. They’re getting caught up because they’re being paid by cannabis companies, and banks are saying they can’t accept the money. It’s an unintended ripple effect that’s causing a shift in thinking in Congress.”

“Without relief from Congress, even banks that have decided not to serve cannabis businesses will find themselves caught in the financial web created by this booming industry,” Nichols said. “The money from cannabis businesses often goes to vendors, landlords, and employees, while the federal criminal association follows that cash.”

Gallagher agreed, and said it shouldn’t be difficult to build consensus around the need to bring clarity to cannabis finances through the well-regulated banking system.

“If, at the end of the day, what we’re worried about is diversion, or being able to track all that money, it’s easier to do that with electronic payments rather than having people carry large cash balances,” he said. “It’s easier for regulators and everyone else to make sure the industry is healthy and operating compliantly.”

Indeed, that very argument became part of the House debate. Colorado state Rep. Ed Perlmutter argued that keeping cannabis banking illegal is “an invitation to theft, it’s an invitation to money-laundering, it’s an invitation to tax evasion, and it stifles the opportunities of this business.”

Joint Resolutions

Foster said the immediate impact of the SAFE Banking Act would be significant on current cannabis businesses, which would now be able to access local branches of local banks, instead of running a ponderous all-cash operation — and requiring the security that entails — or seeking services from an institution across the state.

“We can’t apply for loans — working capital, construction loans, any lending right now,” Gallagher noted, adding that the handful of banks nationwide that are currently risking the cannabis business are passing on exorbitant costs to customers to do so.

“You’ve had some companies that have been willing to shoulder the risk associated with servicing an operation that’s federally illegal,” he told BusinessWest. “They’ve been able to charge excessive rates for that. As [legalization] happens in this industry, the fees will come down and start to normalize.”

Nichols expects that competition to emerge quickly, saying banks typically respect the decisions made by voters in the states where they operate. “Those voters had weighed the societal and cultural issues that come with legalization, and they made their decision. Instead, the industry is focused on the impact of the gap between state and federal laws on banks and their ability to serve those in their communities.”

The other major impact of a change in the law, Foster said, has to do with the concept of social equity. Massachusetts’ Cannabis Control Commission launched what it calls its Social Equity Program to expedite business applications and provide technical assistance, mentoring, and other resources for individuals from communities that have been disproportionately harmed by marijuana prohibition — typically poverty-stricken areas.

“Even though Massachusetts law has a social-equity component to it, giving expedited processing to social-equity candidates, the practical reality is, most of the investors are still wealthy, white gentlemen who have disposable income invested in cannabis,” he noted.

By allowing entrepreneurs to finance these operations instead of needing all the money up front, Foster explained, “you’ll have more players at the table, and be able to leverage smaller sums into larger companies. I haven’t heard a lot of talk about the social-equity piece, but to me, that’s a big piece, to help more people be able to engage in this business and apply for a loan if they qualify. That, to me, is a potential game changer.”

A companion bill in the U.S. Senate has yet to be voted on by the Senate Banking Committee, which held a hearing in late July on the issue. While that debate is coming, some lawmakers believe it’s only the start. For instance, House Majority Leader Steny Hoyer said he doesn’t believe the SAFE Banking Act goes far enough.

“This must be a first step toward the decriminalization of marijuana, which has led to the prosecution and incarceration of far too many of our fellow Americans for possession,” he argued.

For now, people like Gallagher are happy the banking issue may finally be resolved.

“We’ve been following this, so it’s not a surprise,” he said. “It’s something that makes a lot of sense from an operations and compliance perspective. We weren’t sure of the timing of it in terms of the evolution of the industry, but it’s something we expected to happen.”

Joseph Bednar can be reached at [email protected]

It’s Important to Be Realistic About the Value of One’s Company

By Columnist October 15, 2019

The Business of Selling a Business

By Brendan Mitchell

For business owners looking to sell soon, there is still plenty to be optimistic about.

Capital for purchasing businesses continues to flow thanks to low interest rates from banks and investment portfolios lingering near high-water marks.

Meanwhile, the Massachusetts economy has pushed to new highs from Boston to Springfield. Most recent reports show unemployment rates at historic lows, with both sides of the state making improvements. MGM Springfield and Encore Boston Harbor have attracted out-of-state plates. Private equity and public companies, both flush with cash, continue to show confidence in the state through investments in their workforce and current business as well as construction and new business acquisitions. We’ve seen national tax reform increase cash flows to businesses across the country.

These factors have helped to keep buyers engaged as retiring Baby Boomers head for the exits. The timing has been great for some business owners cashing out recently, but buyers have become more selective in some industries. While some businesses are snagged as soon as they go to market, many are aging on the shelf with buyers and sellers unwilling to bridge pricing gaps.

When figuring the value of their business, owners can fall into the trap of including sentimental value in their estimation. Some are relying on what a similar business sold for in a different market or, worse, have a target number they drew up without any real anchor to reality.

For business owners who have dedicated their lives to a business, it can be hard to take a step back and objectively consider what their business is worth. Business owners who are willing to take an objective look at the value of their business can be proactive now instead of reactive when they are ready to retire and list their business for the first time.

The value of a business is dynamic. While there is no way to get a buyer to price sentimental value into a purchase price, there is a potential to make changes to the business that will increase the value over time.

There are three approaches to valuing a business — asset, income, and market approaches. For most privately held companies, valuators rely on either the income approach, market approach, or a combination of the two. The basic formulas for these calculations are widely available online, but what owners can do with this information may be less obvious.

First, it’s important to know that the years leading up to the valuation or sale are the most important. A long history of profits can show stability for a small business; however, only the most recent three to five years are going to be considered in a calculation. Small-business owners with eyes on an exit have a tendency to disconnect from the business during this most important period when they should be pushing in the opposite direction.

Flat revenues or increases in expenses during this period have the potential to erase even decades of growth and profitability. Owners should resist the temptation to ‘pull the parachute’ as they get closer to the finish line. Continue to push for revenue growth and pay close attention to expense control. This is the time to let the numbers showcase the full potential of the business.

Nobody knows the ins and outs of a small business like the owner. Buyers and valuators weigh heavily on the impact the seller’s exit will have on the future of the business. Owners should focus on replacing themselves in the areas in which they are most intertwined in the business to lessen the impact. To identify these high-dependency areas, owners can interview managers and employees, noting issues that cannot be resolved without them.

Key areas of focus generally depend on the industry or business model but usually include sales generation, relationship management, product development, strategic decision making, or day-to-day business management. If continuity can be achieved through process improvement or process documentation, it should be a key focus. Some results can be found through training current employees and empowering them. Consider restructuring tasks and delegating the current owner’s duties to rising managers.

Revisit labor costs. Business owners with family members at above-market wages face a double expense. While they may overpay weekly on purpose, it will cost them a multiple of that annual salary when it’s time to cash out. For hourly workers, be ready to field questions about how the rising minimum wages will impact more labor-intensive businesses.

Finally, clean up the financial statements. For various reasons, including tax motivations, small-business owners have a tendency to let their personal and business lives collide on their company financial statements. Documentation is important for any personal expenses being charged to the business. Owners should be ready to prove which expenses were not necessary for the business so that buyers and valuators exclude the expenses to calculate the value — buyers will not report findings to the IRS.

Performing a financial analysis can also help owners understand how their business compares to the rest of the industry, making them ready to articulate strengths and defend or improve weaknesses.

Overall, the current market remains friendly to someone looking to sell their business. It’s also a great time to be proactive in managing an exit strategy, whether it lies around the corner or several years out. Getting realistic about the value of their business enables owners to take steps to improve it and make informed decisions.

Brandon Mitchell is a certified valuation analyst and supervisor in auditing and consulting for Blumshapiro, the largest regional accounting, tax, and business-advisory firm based in New England, and winner of the Massachusetts Lawyers Weekly Reader Rankings for Best Appraisal Service and Best Accounting Firm.

People’s United Stresses Local Connections as It Acquires United Bank

By Joseph Bednar September 5, 2019

Uniting Forces

People’s United Bank is no longer the small, Springfield-based institution, then known as the Bank of Western Massachusetts, that made its name three decades ago through a strong emphasis on local commercial lending. And the now-Connecticut-based institution is growing again, with a planned acquisition of United Bank that will push its assets well above $50 billion. But local connections are still key to the People’s United ethos, its Massachusetts president says — and he hopes United Bank customers feel the same way.

Patrick Sullivan thinks People’s United Bank has built a strong reputation in Western Mass. — and hopes customers of United Bank feel the same way following a recently announced acquisition.

“We trust that customers kind of know us already in Western Mass., and that they’re confident this isn’t a big change in the sense of somebody they don’t know. They’ve known us for a long time,” said Sullivan, Massachusetts president of People’s United, the Bridgeport, Conn.-based bank that began life in downtown Springfield 32 years ago as the Bank of Western Massachusetts.

“We have people that have worked for either the Bank of Western Mass. or People’s United for a long time,” he added. “Long-term relationships are valued here, and long-time principles and dynamics don’t change. Local is local.”

The two institutions announced in July that People’s United Financial Inc., the holding company for Peoples’s United Bank, would acquire United Financial Bancorp Inc., the holding company for United Bank, in a 100% stock transaction valued at approximately $759 million. Then banks’ leaders characterized it as a strong cultural fit that would benefit customers.

“We are excited to welcome United Bank to People’s United,” said Jack Barnes, chairman and CEO of People’s United Financial. “With the fourth-largest deposit market share in the combined Hartford and Springfield market, a complementary array of commercial and retail capabilities, and a shared legacy of community giving, United will solidify our presence in the Central Connecticut market and strengthen our franchise in Western Massachusetts.”

William Crawford, president and CEO of United Financial Bancorp, added that “People’s United Bank has long been a premier brand in Connecticut that is committed to building meaningful relationships with its customers and communities. We are confident their broad array of products and services, in-market knowledge, and the size and strength of their balance sheet will deliver enhanced value to our stakeholders.”

Patrick Sullivan says the acquisition of United Bank makes sense on a number of levels, both financially and culturally.

Indeed, the move is, in one sense, the story of two Connecticut-based banks —United is based in Hartford — but both banks have a long history and a strong presence in Western Mass.

Sullivan — who joined People’s United six years ago as Massachusetts president and also oversees the bank’s commercial, industrial, and business banking, noted that the institution was already the eighth-largest bank in Massachusetts, and will obviously be slightly larger, growing from 56 branches in its multi-state footprint to around double that, though some are expected to close (more on that later).

“Because of the economy in Massachuetts and the size of the market, we’ve invested a lot in people from other institutions that have joined us with specific expertise in lending, commercial markets, retail, wealth, insurance, whatever,” he went on, citing its government-banking niche as one strength.

“We had a good government business in Western Mass. before I came on six years ago. Today, we’ve got 90 clients in Western Mass. with $162 million in deposits. It’s a big business for us. Likewise, it’s a big business for us throughout the whole company. The city of Springfield is a major customer,” he explained, as are Worcester, Pittsfield, Easthampton, and many others.

For this issue’s focus on banking and finance, BusinessWest spoke with Sullivan about the broadened services and technology People’s Bank will bring to United Bank customers, and why he feels this growing institution will continue to maintain a local focus in the communities where it operates.

Growth Pattern

Immediately after the merger, People’s United will go from five branches in Hampden County to 20, from five to 10 in Worcester County, and from three to four in Hampshire County; its roster of three branches in Franklin County won’t change.

Still, not every branch will remain open; in some communities, both banks now operate within a block or so of each other, which means consolidation is inevitable, Sullivan said. “We’ll make a decision in the best interests of our customers, according to where they bank. But all the retail employees have been told they will have positions with us.”

Just as it has during its growth over the years — People’s United boasts assets around $47.9 billion, and is acquiring a bank with about $7.3 billion — Sullivan said the institution stresses local decision making when it comes to lending, philanthropy, and other matters.

“We still operate just like we did when we had $30 billion. We want to keep it local,” he told BusinessWest. “Our biggest client has its headquarters in Western Mass. Our challenge has been small businesses, those $100,000 loans, the startups. We try to take care of the small-business segment. Let’s face it, those are the heart of a lot of the communities we’re in, and we’re always trying to be more responsive to them.”

In recent years, People’s United has made significant investments in its commercial specialties, including hiring teams of specialized industry experts to better serve customers. Among these niches are technology companies, restaurant franchises, and a healthcare finance team. While those divisions are based out of Boston, they serve the bank’s entire New England and New York footprint and beyond.

The bank has also invested heavily in technology, said Steven Bodakowski, vice president of Corporate Communications.

This United Bank branch in downtown Springfield is just a couple blocks from the People’s United branch — one of many examples of overlapping branches the organization must examine post-merger.

“We’re constantly focused on on how, when, and where we interface with customers in this changing age of banking,” he noted. “Technology and digital enhancements continue to be a major focus for the bank as we aim to stay one step ahead of customer needs and deliver a truly integrated service model that blends the best in customer service with technology.”

To that end, People’s United has developed a strategic initiative to provide customers with online and digital solutions for a suite of its most popular offerings.

“This digital banking experience is designed to mirror and be an extension of the branch experience — serve as another path to interact with and receive guidance from bankers, based on individual customer preferences,” Bodakowski said. “Our bankers are being trained to become digital advocates.”

Offerings include a technology-based home-lending platform designed to simplify and transform the way customers apply for a home-equity loan or home mortgage, providing the ability to virtually interact with mortgage account officers in real time to complete the online application.

Other features include a refreshed online and mobile solution for opening checking and savings accounts, a digital small-business loan application for loans $250,000 or less, a direct-to-client robo-advisory offering, and a new, digitally driven financial-literacy platform that allows customers and the community to access financial-literacy classes and modules.

The latter is an especially important tool to help young people, the elderly, and anyone, really, become more financially savvy, make better decisions, plan for the future, and avoid scams.

“We also launched a new website in May with a fully optimized user experience,” Bodakowski said, one that delivers a fully optimized user experience for mobile devices, an enhanced ‘storefront’ feature to highlight key product areas, and a robust support and security center and new content areas designed to engage and educate customers.

The bank has also enhanced its marketing capabilities to more accurately target its customers and understand their lifestyles, through the use of integrated third-party digital e-mail and marketing platforms such as Marketo and Salesforce.

“We look forward to welcoming [United Bank’s] well-established customer base and delivering to them our enhanced technology and digital capabilities, combined with our network of expert bankers,” Barnes said when the acquisition was first announced.

Living Local

That’s a lot of growth since the institution opened its doors in 1987 as the Bank of Western Massachusetts with $9.3 million in assets. By way of contrast, People’s United awarded almost half that total — about $4 million — to nonprofits last year, about $2.3 million of that in Massachusetts. Of that latter figure, more than $854,000 was contributed by the bank in donations and sponsorships, while more than $1.4 million was awarded in grants by People’s United Community Foundation and People’s United Community Foundation of Eastern Massachusetts.

Those giving decisions remain, as they always been, local, Sullivan said, because the local bankers know the market and its needs. He knows that’s part of the community-bank ethos in Western Mass., and even banks that have grown far beyond community-bank size still have to operate like one.

“Our philanthropy is very local. We take very seriously how things get allocated to these organizations,” he added. “Our principles are always to stay local, whether it’s the specialty expertise in the market or our volunteerism and philanthropy. That’s in our DNA.”

Joseph Bednar can be reached at [email protected]

ABA Urges Cannabis Banking Reform in Senate Testimony

By BusinessWest Staff September 5, 2019

Growing Concern

The American Bankers Assoc. argued it’s critical that legal, cannabis-related businesses have access to the regulated banking system as it urged the Senate to advance the SAFE Banking Act in recent testimony before the Senate Banking Committee.

Joanne Sherwood, president and CEO of Citywide Banks in Denver and chair of the Colorado Bankers Assoc., testified on behalf of ABA. Sherwood explained how current federal law prevents financial institutions from banking any money derived from cannabis-related businesses and how a narrow, banking-specific remedy to the cannabis banking problem will reap immediate public-safety, tax, and regulatory benefits.

“Because cannabis continues to be illegal at the federal level, handling funds associated with cannabis businesses can be deemed money laundering,” said Sherwood. “That federal/state divide has particularly severe repercussions for banks and communities like mine, where the cannabis industry is fully operational, but it also impacts banks in every state.”

With limited access to banking services available, large amounts of cash remain on site in many of the cannabis-related businesses, which creates significant safety concerns for the communities where they are located. For example, on average, more than 100 burglaries occur at cannabis businesses each year in Denver, according to the Denver Police Department.

“Providing a mechanism for the cannabis industry to access the regulated banking system would help those businesses and their surrounding communities by reducing the high volume of cash on hand, thereby reducing instances of cash-motivated crime,” Sherwood said.

Additionally, since many cannabis businesses do not have a bank account, they are forced to pay their taxes in cash at local IRS offices. Processing paper-based returns costs the IRS nearly 17 times more compared to an e-filed return — a cost borne by taxpayers. Cash-based taxpayers are also more likely to underreport income than those who receive payment by check or those subject to third-party reporting or withholding.

“Banking the cannabis industry is a straightforward way to ensure that businesses have the means and motivation to remain fully tax-compliant,” Sherwood said.

The SAFE Banking Act, which is currently before the committee for consideration, would help address this urgent problem. The bill specifies that proceeds from a state-licensed cannabis business would not be considered unlawful under federal money-laundering statutes or any other federal law and directs the Financial Crimes Enforcement Network and federal banking regulators to issue guidance and exam procedures for banks doing business with legitimate cannabis-related businesses.

“Although the SAFE Banking Act does not cure all of the cannabis-related banking challenges, it would help the 33 states that have legalized cannabis in some form to make their communities safer, collect their taxes, and regulate their cannabis markets effectively,” said Sherwood. “ABA supports the SAFE Banking Act and urges the committee to mark up and advance this legislation as soon as possible.”

PeoplesBank Internship Program Named to Top-100 List

By BusinessWest Staff September 5, 2019

On the Way Up

PeoplesBank joined Google, Facebook, BMW, Southwest Airlines, and more top companies on the 2019 WayUp Top 100 Internship Programs list. WayUp is a professional networking application that connects college students and recent graduates to career opportunities with reputable employers.

According to WayUp, the bank was selected because “PeoplesBank interns not only get a behind-the-scenes look at what it takes to operate a bank, they also get hands-on experience to work on passion projects like Habitat for Humanity’s Build Days.” The list is determined by a panel of industry experts who consider everything from public votes to internship-program highlights. More than 1,000 employers participated in this year’s assessment.

“Our internship program instills that we can learn just as much from our interns as they can learn from us.”

“PeoplesBank interns make an immediate and direct impact on the organization and the communities that the bank serves,” said Danielle St. Jean, HR Coordinator and Training Specialist. “Each intern is also assigned to a home department at the bank. In addition to day-to-day assignments and value-add projects completed within that department, the group of interns are involved in several hands-on activities.”

PeoplesBank interns participated in on-site professional development, a Habitat for Humanity Build Day, employee-engagement planning, banking-topic webinars, and job shadowing. They also were able to discuss their career paths with senior leadership in the bank’s finance, human resources, information technology, marketing, and retail operations. After spending the summer at PeoplesBank, the interns have returned to study at colleges throughout Massachusetts as well as Connecticut and Colorado.

“Our internship program instills that we can learn just as much from our interns as they can learn from us,” St. Jean said. “We ask for lots of feedback from our group of interns, and even have a private ‘PeoplesBank Internship Alumni’ group on LinkedIn so that we keep in touch with them at the conclusion of the program.”

Recruitment for the next PeoplesBank summer internship program kicks off during the winter. Interested students are encouraged to complete an application on the bank’s career page, www.bankatpeoples.com/careers.

Heirs Are Often Unaware of Family Wealth Decisions, Study Finds

By BusinessWest Staff September 5, 2019

In the Dark

By Susan Atran

Bank of America recently announced the findings of a new study conducted by Merrill Private Wealth Management, which found that 64% of wealth holders have never talked with family members about how or why they intend to pass on their assets. While 48% plan to communicate this information eventually, or assume family members already know, 10% vow never to divulge details of their estate plan, primarily because they consider it personal and no one else’s business. But is that a good decision?

“This research is designed to help families make better decisions and secure the promise of wealth, including the impact it can have within and beyond one’s family and lifetime,” said Andy Sieg, president of Merrill Lynch Wealth Management.

For this study, Merrill asked more than 650 high-net-worth individuals across the country how different types of financial decisions are made and communicated within their family. Part of an ongoing series of white papers on wealth sustainability from the Merrill Center for Family Wealth, findings from this study were published in a report titled “How Do Families Make Effective Wealth Decisions?” Among them:

• Decisions about family money — such as gifting to family and charities, dividing assets among heirs, and establishing trust provisions or limitations — ranked as the most important and hardest to make, compared to decisions about saving, investing, spending, and other day-to-day finances;

• Just 33% of people have informed their family of lifetime gifts already made or committed to, such as assets held in a trust or funding of education, a down payment on a first house, or another purpose;

• Seventy-two percent have not discussed their philanthropic commitments;

• When asked what they consider to be the most important idea to communicate when discussing wealth with family, the top response was to be a good steward and handle family money wisely. However, only 46% have talked with heirs about fundamental family values and operating principles;

• On the distribution of their estate, 69% of wealth holders plan to divide their assets equally among heirs, while the rest say allocation decisions are based on specific criteria, such as merit for individual contributions (11%) or need (8%); and

• While 22% plan to openly share details of their estate plan with the whole family, 17% would share information only as it applies to each person.

“Decisions about family money have the potential to change lives, yet the outcome depends on how well the purpose and reasoning behind those decisions are understood, and too often that is left unsaid,” said Stacy Allred, head of the Merrill Center for Family Wealth. “Misunderstanding can lead to family conflicts, resentment, and other unintended consequences, including the misuse or loss of family wealth.”

The Merrill Center for Family Wealth specializes in helping families define the purpose of their wealth. This study found that, in six in 10 families, there is no formal structure or rigorous process in place to ensure family wealth decisions are made and communicated effectively. When asked how wealth decisions are typically made, the most prevalent response was an autocratic and top-down approach whereby one person makes decisions with little or no input from anyone else. Seventeen percent of families make financial decisions democratically with collective input or representation of all members.

Three-quarters of participants, including more men (79%) than women (68%), report complete confidence in their financial decisions. Looking back on decisions they’ve made, however, just 56% of people said their decisions always turned out well. The rest reported mixed results, including 21% who said their decisions turned out badly or they delayed making decisions because they were unsure of the outcome.

“The best form of financial parenting and a big part of improving the outcome of decisions involves putting more care into the decision-making process itself,” said Matthew Wesley, director of the Merrill Center for Family Wealth. “Family wealth decisions can be complicated by family dynamics, a long-time horizon, and unrecognized biases that call for a deliberate and disciplined approach.” u

Susan Atran is senior vice president of Communications for Bank of America.

Greenfield Cooperative Bank Maintains a Solid Pace of Growth

By George O'Brien July 9, 2019

Steady Course

President and CEO Michael Tucker

Like most all bank presidents in the 413, Michael Tucker would concede that a great many of the region’s communities are heavily populated with financial institutions, or “overbanked,” to use the term most would put into play.

He’s inclined to include Greenfield on that list, and gestures out the window of his office to make his point. “They used to call the other end of the street Bank Row,” he said, referring to a stretch of Federal Street now occupied by what once were stately bank offices, many of them redeveloped for other uses. “They really should call this Bank Row now.”

Tucker, president and CEO of Greenfield Cooperative Bank (GCB) and Northampton Cooperative Bank (the two institutions merged in 2015, and the former name was kept) was referencing the number of competitors who call a different stretch of Federal Street home, and it’s a large number.

But, unlike most of the other bank leaders who bemoan the overbanked nature of this region, Tucker sees the landscape through a slightly different lens.

“Some bankers would say we’re overbanked; I would say we have choices,” he explained. “It forces you to be more competitive, and it gives people choices. It doesn’t hurt to have competition — otherwise, you get complacent.”

So perhaps all that competition should get some of the credit for what has been a consistent pattern of growth for the bank, especially since Tucker took the helm at GCB in 2003. Since then, the bank has seen assets rise from roughly $175 million to more than $630 million, its branch count soar from three to 10, and its commercial-lending portfolio take a quantum leap.

Overall, the bank’s strategy has been to gradually expand its footprint in Franklin and Hampshire counties, growing mostly via the organic route (although the merger with Northampton Coop certainly accelerated that process), and achieve more of the size that is needed to thrive in today’s banking landscape.

The plan also calls for seizing opportunities when and where they arise, which brings us to the institution’s latest expansion effort — a branch in South Hadley at the Woodlawn Shopping Plaza that will bear a Northampton Cooperative sign over the door and open next January.

Formerly a Bank of America branch — that institution has been closing a good number of facilities in recent years — the new location gives Greenfield Coop presence in another Hampshire County community, but one that enables it to serve residents of several nearby Hampden County cities, especially Chicopee and Holyoke.

The plan for the foreseeable future is summed up neatly in the bank’s annual report, issued just a few weeks ago.

“Our primary strategy remains to look for prudent and measured organic growth right here in Western Massachusetts,” Tucker wrote in the report, noting that many of those aforementioned competitors have ventured into Central Mass., Connecticut, or both. “We need to remain a lean organization, especially in light of the growth of mobile and electronic banking in today’s world. Our branch strategy recognizes the new world order with the continued growth of the internet.”

Michael Tucker says the GCB branch is just one of many banks located on Federal Street, a proliferation that provides competition, which he believes makes his bank better.

For this issue and its focus on banking and financial services, BusinessWest asked Tucker to elaborate on all those points and essentially draft a quick blueprint of the bank’s plans for the future. In a nutshell, it simply calls for more of what of what the bank has been achieving under his leadership — smart growth.

Points of Interest

Tucker said he ventured into banking, if that’s the word for it, while he was in law school at Western New England University.

He took a teller’s job at the institution known then as Springfield Institution for Savings (SIS), while attending night classes, not knowing this would be his employer for some time to come.

He remembers his first boss, John Collins, telling him that his law degree could be put to good use in the banking industry.

“He said, ‘I have a lot MBAs who could use some help, because we have this new thing called compliance,’” he recalled, referring specifically to the Truth in Lending Simplification Act of 1981. “That was my first foray into banking law.”

He took the title ‘counsel and compliance officer,’ and later worked his way up to senior vice president and general counsel. When Peoples Heritage acquired SIS, Tucker, like many others, was soon out of work, but he eventually landed at what is now bankESB for several years before being recruited to lead GCB.

When he arrived in Greenfield, he took over one of the smallest banks in the region with a simple goal — “I told the board I was going to keep this place mutual and hopefully leave it a better bank than I found it” — and set about a course of steady if unspectacular growth, which was by design, as he explained with a little humor.

“Our growth is roughly 4% to 6% a year,” he noted. “If we were a stock bank, they would have thrown me out the door. Because we’re a mutual bank, we can take our time. Where I see banks get in trouble is when they try to grow too fast and lose sight of their basic principles.”

GCB hasn’t done that, and its strategic goal — and operating philosophy — are summed up by its web domain name, www.bestlocalbank.com, and a comment from the annual report. “As I’ve often said before, we’ll probably never be the biggest bank,” Tucker wrote. “But we always strive to be the best bank in Western Massachusetts.”

During Tucker’s tenure, the bank has, as noted, expanded to 10 branches. There are two in Amherst (although they will soon be consolidated; more on that later), one in Florence, another in Northampton, two in Greenfield, as well as a commercial and residential and loan-services facility, and single locations in Northfield, Shelburne Falls, Sunderland, and Turners Falls.

Meanwhile, it has also greatly expanded its commercial-lending team and its commercial portfolio, which, like that at many banks in the region, is dominated by commercial real-estate loans, but also reflects the diversity of the local economy, especially in the bank’s hometown.

Indeed, this is an intriguing time for Greenfield, said Tucker, noting that the community once dominated economically by manufacturing has varied its economy, making great strides in technology and hospitality.

“Our growth is roughly 4% to 6% a year. If we were a stock bank, they would have thrown me out the door. Because we’re a mutual bank, we can take our time. Where I see banks get in trouble is when they try to grow too fast and lose sight of their basic principles.”

“There is a lot of energy in the town,” he said. “We have the new courthouse and the new parking garage; they opened the Olver [Transit Center], and there have been many other new developments.”

Still, this region, and especially Franklin County, where many communities are struggling to maintain population and especially young people, would be considered a low- or no-growth area, he acknowledged, meaning growth is a challenge for any financial institution.

This is why many area banks, as he noted in his annual-report comments, have ventured into Connecticut, Central Mass., or both, and why others have grown through acquisition or merger.

GCB has done some of that with its merger with Northampton Coop, a move that Tucker described as “logical” for both institutions because of that overbanked nature of this sector, and the lack of population growth in Franklin County.

“That’s why we looked at Hampshire County and why I talked to Northampton [Coop],” he explained. “It would have been silly for us to build another branch down in Hampshire County and fight 10 other banks for the money when we can partner with another bank.

“That worked out well for everyone because we didn’t have to lay anyone off,” he went on, adding that he spends one day a week in Northampton at that division of the institution. “It was a smooth transition. We were both very small — and we’re still one of the smaller banks — but we now have more size, and that helps. It was a good merger.”

By All Accounts

As he talked about his bank’s branch strategy, Tucker reached for his cell phone and held it aloft.

“This is our fastest-growing branch,” he said, noting that internet banking is becoming an ever-stronger force in this sector.

But brick-and-mortar branches are obviously still needed, he went on, adding that they probably don’t need to be as large as they once were, and they are far less transaction-oriented than they once were.

SEE: Banks in Western Mass.

But they serve an important purpose in that they give a bank a presence and enable it to better serve customers in a particular region or community.

Which brings us to the new South Hadley branch.

The most logical expansion point for the bank moving forward is probably Hampden County, said Tucker, adding that the South Hadley branch provides an opportunity to make some strides in that direction.

Tucker found the branch while on one of his many drives around the area looking for opportunities.

“We keep our eyes open, and I drive around the area a lot and take a look at the communities,” he explained. “South Hadley was a community that I thought had some upside, and I was surprised when I read that Bank of America was closing that branch because they had a fair amount of deposits in that office.

“With this branch, we can serve some customers that we have already in Springfield and Chicopee,” he went on. “But it also gets us to reach a base in South Hadley that BOA is telling, ‘if you want to bank with us, you have to drive over here.’”

BOA’s departure will ultimately lead to GCB’s arrival, specifically its Northampton Coop division, said Tucker, adding that, while moving into South Hadley, the bank will continue to look for other growth opportunities as well as ways to become the ‘leaner organization’ he mentioned in the annual report.

Toward that end, the bank will consolidate its two branches in Amherst into one, a nod to the fact that specific branches are simply handling fewer transactions these days.

“When I was a teller in Forest Park [for SIS], we had seven or eight tellers plus a manager and an assistant manager,” he noted, turning the clock back four decades or so. “People were lined up out the door — we didn’t have deposit — and everyone came in to cash their Social Security checks on the first of the month.”

Elaborating, he said the branches in Amherst that saw 10,000 transactions a month several years ago were down to 5,000 maybe five years ago, and are now seeing roughly 3,000 a month, thanks to ever-advancing technology.

This phenomenon will eventually lead to fewer branches, and, more immediately, smaller facilities.

“The industry is moving in that direction,” he said while again holding his phone aloft and explaining it is now a branch itself in most all respects. “But I don’t think branches will be obsolete; they will be smaller and leaner.”

As for future expansion geographically, Tucker said GCB will continue to look for potential landing spots. “We’ll continue to look south and possibly east to Worcester County,” he told BusinessWest. “A lot depends on what happens; with some of the branches we’ve opened, I didn’t anticipate doing it at that time, as in Turners Falls, but the opportunity arose.”

Bottom Line

In his annual-report statement, Tucker noted that, over the past 114 years, GCB has had three basic operating slogans.

It’s gone from ‘Traditional, Progressive, Locally Focused,’ to ‘In the Community, for the Community,’ to the current ‘Come on Over to the Coop.’

The words are different, but they say the same thing, essentially — that this isn’t the biggest bank on a block crowded with other banks, but it strives to be best, and it’s generally successful in that mission.

This is the strategy that has worked since Teddy Roosevelt was in the White House, and there isn’t any sentiment to change it, said Tucker, because it works, not only for the community, but for the institution as well.

George O’Brien can be reached at [email protected]m

Senior Citizens Are Frequently the Targets — and the Victims

By Columnist July 9, 2019

The Scammers Are Out There

By Jean Deliso

Jean Deliso

Have you ever been scammed by someone or received a phone call attempting to pressure you to provide personal information or send money?

If you can say yes, have you thought about what your parents or grandparents might do in similar situations?

Senior citizens are frequent victims of these criminal activities. To help protect older family members and to safeguard yourself, everyone should be better informed about these schemes and how to help prevent becoming a victim.

Scam artists are everywhere, and they are here in Western Mass. Within the past 18 months, I personally had two different clients who were defrauded by a scam tactic that preyed on their love of their grandchildren and their innocence and confusion.

One was contacted and told their grandchild had been in an accident, he had seriously hurt someone, and he was going to spend many years in jail unless money was sent. In the other situation, it was claimed that a grandchild was in a friend’s car, which was stopped by the police, and they found drugs. The scammer stated that the grandchild was not guilty, but he would be charged unless the grandparent sent cash immediately to get him assistance in court.

Both victims were told not to tell anyone, otherwise the assistance would stop. And in both situations, the grandparents went to the bank or withdrew money from their investment accounts, converted it to cash, placed it an envelope, and sent it to these unknown addresses.

These situations are happening more often, and thus there is a pressing need to educate our senior citizens to be aware of these types of scams.

There is nothing more special than the love of a grandchild. These imposters are targeting and exploiting this love and affection.

There have been other articles written on this subject, but not everyone reads them. It is important to educate your parents or grandparents that these scams exist and that, if they ever receive a call where they are instructed to be silent, they should contact a trusted family member or the proper authorities immediately.

Not all children are comfortable talking to their parents or grandparents about these situations, but I highly recommend you do.

I’ve seen too many of these scams recently amongst my clients. As a certified financial planner, it’s my responsibility to help my clients manage their assets and finances and to help safeguard against risks to their financial well-being. If a suspicious phone call or request is unusual or confusing, it’s important for the recipient to question it and alert their loved ones.

Please speak to your parents and grandparents about these threats. If they receive such a call, have them talk to other family members or the police before providing any information to the caller. They should never send cash to someone they don’t know or if they don’t fully understand why it’s being requested. Have them call the grandchild on their personal phone number, and, most importantly, tell them never to send cash to anyone they don’t know.

Jean Deliso, CFP is a principal with Deliso Financial and Insurance Services; (413) 785-1100.

PeoplesBank Is Writing a New Chapter in History of Yankee Pedlar Property

By MikeN June 25, 2019

Landmark Decision

Tom Senecal, left, and Andrew Crystal, vice president of O’Connell Development, look over blueprints for the new banking center now taking shape at the site of the Yankee Pedlar.

Tom Senecal says PeoplesBank first looked at the historic Yankee Pedlar property as the potential site a future branch roughly three years ago.

‘Looking’ didn’t advance to anything further, though, said Senecal, the bank’s president, because at the time, the efforts to ‘save the Pedlar,’ as the campaign concerning the beloved restaurant and gathering spot came to be called, was ongoing, and hopes to keep that landmark in its long-time role were still somewhat high.

Fast-forward a year or so, after many restauranteurs had looked at the Pedlar and essentially passed on it, deeming it too large and too expensive to maintain as a restaurant — and hopes for keeping the property a restaurant had all but dissolved — the bank was back for another look.

“We thought we could do something special for the city.”

And what it saw was opportunity — and in a number of forms, said Senecal.

First, there was an opportunity to save the most historically significant piece of the property, the home to John Hildreth, “overseer of the making up department of the Farr Alpaca Company,” according to Mass. Historical Commission documents concerning the property and, later, a lawyer, judge, president of Crystal Spring Aqueduct, and “president-clerk” of the institution that would become PeoplesBank.” (Note: Officials at PeoplesBank cannot confirm that Hildreth was president, but they also can’t confirm that he wasn’t).

But there was also an opportunity for the bank to consolidate and modernize two of its branches in Holyoke — one on South Street in the Elmwood neighborhood, and the other at the corner of Hampden and Pleasant Streets in the Highland neighborhood, and create a new state-of-the-art facility.

“As we’ve been remodeling all our other branches, we thought there was no better way to do this in Holyoke than put all this together in one centralized location between those two branches in an historic building that we certainly have the ability and the desire to retain and keep as an historic building,” he explained. “We thought we could do something special for the city.”

The Hildreth House, constructed in 1885

The Yankee Pedlar

Specifically, that something special is preserving the Hildreth House itself — the hip-roof Queen Ann dwelling built in 1885 that was later added on to several times — for use as a community center, while also building a new state-of-the-art, 4,700-square-foot banking center.

Also to be preserved are many pieces of memorabilia from the Pedlar, including a stained glass window originally from the Kenilworth Castle, a historic Holyoke mansion torn down in 1959, wainscoting, and even ‘Chauncy the Butler,’ the wooden figure that greeted visitors to the Pedlar.

The next chapter in the history of the property will begin the Tuesday after Labor Day weekend, said Senecal, with the opening of a property that will blend the old with the new, the nostalgic with the environmentally friendly.

“We’re doing this in the long-term best interests of the community; quite frankly, no one would spend the kind of money we’re spending on refurbishing this and doing this — no one.”

It’s a project Senecal said is in keeping with the bank’s large and visible presence in the community, and also in keeping with its desire to be on the cutting edge of both of emerging banking technology and ‘green’ architecture and building practices.

He chose to categorize the undertaking, which comes with a pricetag he opted not to disclose, as an investment, one he described this way:

“We’re doing this in the long-term best interests of the community; quite frankly, no one would spend the kind of money we’re spending on refurbishing this and doing this — no one,” he said. “We’re going to be here for a long time. Holyoke is our mainstay, it’s our headquarters. It’s our community.

“We’re a mutual bank, and we want to do the right thing for the community,” he went on. “This bank is going to be here for a long time.”

Building Interest

Senecal told BusinessWest that that the bank has long had a pressing need to modernize those branches in the Elmwood and Highland neighborhoods, both nearly a half-century old in his estimation.

And it was with the goal of finding a replacement for the latter that he said he personally drove the length of Northampton Street to scout potential options.

“I went all the way from Hampden Street to Beech Street looking for various properties that might work,” he explained, adding that the Pedlar property was among those considered. He said he was aware that other businesses were looking at the property, located at the well-traveled corner of Northampton St. (Route 5) and Beech Street, but this was at a time when hopes to keep the Pedlar a restaurant were fading but still alive.

As those hopes eventually dissipated, the bank eventually came forward to acquire the property and announce plans for the consolidation of both branches in that area into the new location that, as noted, would blend new construction with renovation of the Hildreth House — it’s ground floor, anyway, into a community center.

The 4,700-square-foot banking center will feature state-of-the-art banking technology, such as video tellers and cash dispensers, but also include memorabilia from the Yankee Pedlar.

“At the time, I was looking at something to replace the Highland location,” said Senecal. “But as I got closer to the South Street location, it made all the sense in the world to consolidate both branches, because the Pedlar was far more centralized than I thought when I set out.”

Beyond geography, the Pedlar site offered a chance, as he said earlier, to modernize banking at the institution’s Holyoke branches, and do so seamlessly.

“If you look at our branches in West Springfield, Westfield, East Longmeadow, and Sixteen Acres, those branches were built 10-15 years ago — they’re pretty modern and up-to-date,” he explained. “Our brand in Holyoke is extremely dated compared to those. So in order to get existing branches up to our current brand, you’d have to gut the branch, and if you gut the branch, you can’t operate the branch. This provides us an opportunity to close on a Saturday and open on a Tuesday, with no customer traffic impact.”

The bank’s plans were initially greeted with some resistance by those behind the ‘save the Pedlar’ initiative, but it waned as it became clear that the bank would not demolish the Hildreth House, the historically significant portion of the property.

“This project provides a statement of who we are in the Holyoke community.”

As Senecal explained, the property is not on the National Register of Historic Places (it is on the state’s list) essentially because of those aforementioned additions, including the so-called Opera House, a banquet room, and the enclosure of a wrap-around porch to expand the restaurant, undertaken in the ’80s.

While the interior of the Hildreth House was gutted to make way for the community room — to be used by area nonprofits free of charge — and other portions of the property were razed or moved, visitors to the new branch will certainly get a taste of, and feel for, the Pedlar when they head inside, said Senecal.

“The final product will incorporate a lot of the significant historic memorabilia from the Pedlar,” he explained, adding quickly that, originally, there were hopes and expectations that more of these items could be on display. However, due to size constraints and functionality issues, the collection won’t be as large as anticipated.

“Chauncy the Butler will be in the lobby, and in the Hildreth House will contain other historic memorabilia,” he went on. “The ‘hunter’ stained glass painting, which used to be in the main restaurant portion of the Yankee Pedlar, has been refurbished, and that will hang in the main branch, and the wainscoting from the entrance to the original Pedlar will be in a similar area in the community room, and some of the pictures will hang in the corridor between the branch and the community room.”

Also, a few historic gas lanterns, more than a century old, that were mounted on and around the Yankee Pedlar have been refurbished, he said. They’ve been converted to electric and will be positioned on a patio constructed outside the Hildreth House.

Beyond the historic and nostalgic, however, the new facility will also feature state-of-the-art banking technology, including video-banking machines and cash dispensers, as well as cutting-edge ‘green’ building practices. Indeed, the bank will look to have the project, being undertaken by O’Connell Construction (the general contractor and construction manager) and Western Builders, become LEED (Leadership in Energy and Environmental Design) certified.

“This project provides a statement of who we are in the Holyoke community,” said Senecal, summing up the initiative and its many characteristics.

The Bottom Line

Returning to the scouting trip be took down Northampton Street a few years ago, Senecal said there were very few properties that both suitable for what he wanted to do and for sale at the time.

One that fit both categories was an old BayBank Valley branch that he looked at and thought about. But another party beat him to the punch.

“I’m kind of glad they did,” he said, noting, in retrospect, that the site probably was not big enough for what he had planned. And if he had pursued that property, he probably could not have gone ahead with the Pedlar project.

One that, as he said, provided a chance to do something special — for the bank and especially the city.

George O’Brien can be reached at [email protected]

Financial Literacy Should — but Often Doesn’t — Start Young

By Joseph Bednar May 14, 2019

Adding It Up

It’s no secret that too many Americans make poor borrowing decisions, fail to save for retirement, even lack basic budgeting skills. That financial-literacy deficit begins early, say local bank and credit-union officials, which is why area institutions offer programs and classes to help people — both teenagers and adults — forge better strategies for making their money work for them, not drag them down.

So much, Lena Buteau says, comes down to tiny decisions that add up.

Take that morning coffee. If someone spends $2.69 at Dunkin’ Donuts every morning, that comes out to well over $900 a year. Spend $7 or $8 on lunch five times a week instead of packing a lunch at home, and you’re looking at around $2,000 a year.

“When you think you can’t afford something, look at your daily expenses,” said Buteau, vice president of Retail Administration at Monson Savings Bank, while explaining the importance of MSB’s financial-literacy programs, many of which target students, but which are needed by many adults, too.

For instance, people of all ages often struggle to understand the long-term impact of buying on credit, she noted, using the example of someone who buys a $650 laptop at Best Buy but takes a $150-off deal to put it on a store credit card at 25% interest, then pays only the minimum every month. At that rate, that laptop would be paid off in seven years — eventually costing more than double its original price tag.

“When you explain this, the kids are shocked at the numbers,” she said. “It really touches home.”

Because so many habits and philosophies are forged early, Buteau said, “we go in and teach students about saving, lending, credit scams, how to keep your money safe, and much more.”

And it’s not just schools, she added. “We want to go to church groups, Boy and Girl Scout troops, anybody that will give us an hour of time for a financial-literacy class.”

“No disrespect to the schools, but they’re not preparing kids for real life — how your credit score affects your insurance and buying a car, how to handle a checkbook.”

Michael Ostrowski, president and CEO of Arrha Credit Union, said his institution has an internal focus on financial literacy.

“No disrespect to the schools, but they’re not preparing kids for real life — how your credit score affects your insurance and buying a car, how to handle a checkbook. People don’t go into banks anymore; they do stuff online, and you can get ripped off if you don’t know what you’re doing.”

For that reason, Arrha has worked with high schools in the past on financial-literacy programs and is currently planning another program for local students.

“When we were kids, we had home-ec class, and they used to explain how to do a checkbook. They don’t do that anymore, and I don’t know why,” Ostrowski said, before offering one possible reason. “With all the regulations schools are under, for MCAS and other things, they’ve bailed on programs like this, but they’re absolutely critical for kids’ development and future life.”

Jon Reske, vice president of Marketing at UMassFive College Federal Credit Union, pointed out that financial literacy, and education in general, has long been part of the credit-union culture.

“Why? Because, unfortunately, your parents and my parents probably never taught us anything about personal finance, especially if things weren’t going well in the household,” he told BusinessWest. We take the opposite approach — we say your kid should be involved in understanding how the budget works in your house.

Jon Reske says even good budgeters can be tripped up by a bad loan — with long-term consequences.

“We also do workshops on a regular basis — everything from homebuying 101 to how to create a budget to understanding credit,” he added, noting that the latter is especially critical, as the average American, between the ages of 21 and 65, will borrow about $1.5 million, and bad decisions can compound quickly and have a long-term impact. “You can be the greatest budgeter in the world and be smart about your pennies, but if you make bad borrowing decisions, you can be overwhelmed by debt.”

Monson Savings also conducts workshops for adults, such as first-time homebuyers, and offers a Credit Builders loan program, which is an effective way to, as the name suggests, build credit without going into unmanageable debt. The customer borrows a certain amount from the bank, which is deposited into a savings account and cannot be accessed until the loan is repaid. Not only does the borrower build positive credit through on-time payments, but at the end, the balance, plus interest, is available for a down payment on a car or home, a cushion for emergencies — anything, really.

In short, area institutions understand the deficits that exist when it comes to financial literacy and how that impacts the decision-making process — and how bad decisions can turn into years of heartache. And they’re doing something about it.

A Matter of Confidence

A new national survey by Junior Achievement USA and Citizens Bank shows that more than 30% of teens do not believe they will be financially independent of their parents by the age of 30. Sixty percent believe they will own a home by that age, 44% believe they will begin saving for retirement, and 43% think they will have paid off their student loans.

“With a strong economy, you would think teens would be more optimistic. It just demonstrates the importance of working with young people to help them better understand financial concepts and gain confidence in their ability to manage their financial futures.”

“These survey findings show a disconcerting lack of confidence among teens when it comes to achieving financial goals,” said Jack Kosakowski, president and CEO of Junior Achievement USA. “With a strong economy, you would think teens would be more optimistic. It just demonstrates the importance of working with young people to help them better understand financial concepts and gain confidence in their ability to manage their financial futures.”

Financial literacy has long been a cornerstone of Junior Achievement, but there’s no shortage of educational programs available at credit unions and banks.

“Money is very emotional. It’s one of the hardest things to talk about, even with your spouse,” Reske said. “And it’s hard to be objective. That’s why it’s nice when people come to our workshops and say, ‘I’m not emotional now; I’m looking at the objective side of it. I wish I’d taken this before getting that loan.’”

While money issues can seem overwhelming at times, he added, financial-literacy tools are much more accessible than they were 10 years ago if people know where to look. He also outlined a number of concepts people attending UMassFive’s workshops might learn. For example:

• If you’re able to pay bills weekly, as they arrive, do it. It reduces the risk of missing a deadline and winding up with a late fee, which is easy to do when you pay the whole pile of bills once a month.

• Start building an emergency fund. According to a U.S. News & World Report study, two-thirds of Americans would struggle — and often do — to come up with $1,000 for an emergency, like an urgent car repair or medical procedure.

“So what happens? You put it on a credit card, and now you’re paying 21% interest, and soon $1,000 turns into $1,200,” Reske noted. “And an emergency fund can keep you from missing a rent payment or not getting something fixed on your car, which could lead to a bigger repair in three to six months.”

• Check out your credit report on an annual basis, if only to make sure everything is correct. “If the activity on your credit report is inaccurate, you’re getting an inaccurate score, and most rates you get are based on your score.”

• Put every credit card on a minimum automatic payment so you don’t miss any payments — and then pay more principal when the bill arrives in the mail. Also, it’s not a bad idea to dedicate one credit card to online purchases only, to more easily identify instances of identity theft.

• Finally, it’s never too early to start saving for retirement. According to Forbes, 33% of adults have zero saved for retirement.

“Social Security will pay a portion of your expenses, but not all,” Reske said. “Time is more valuable than money because of compounding interest. If you start planning at 50 or 55, you just don’t have enough time; you’ve wasted 20 years. And if you have a 401(k) at work with an employer match and you’re not on it, you’re being foolish.”

Budget Battles

UMassFive also conducts a workshop for high-school seniors in which they choose a career, get a salary, and then go from station to station filling out a budget in different categories, from housing, transportation, and food to luxury items and student loans — and trying to stay within that budget.

“Kids say, ‘I never knew how expensive things are,’” Reske said. “People wonder why a 40-year-old can’t come up with $1,000 for an emergency; it’s because they weren’t taught that the key is to get in front of problems as early as possible” with smart budgeting followed by spending discipline.

Monson Savings runs a similar program in local schools. “One thing I build in there is student debt. If you want to spend $30,000 a year on college and go for a $30,000-per-year job, you’re not going to be able to pay that back,” Buteau said, stressing the importance of making smart decisions about college — if college is even the best option.

In fact, she said, many kids today are so focused on college — because it’s what their schools push — that they may not be aware of careers in the trades that offer robust salaries and no long-term debt.

One thing is for sure: whether in high school, college, early adulthood, or beyond, there’s no bad time to learn more effective strategies for handling money, budgets, and credit — in other words, to become more literate.

“If you’re sick, you go to the doctor,” Buteau said. “If your car is broken down, you go to a mechanic. If your pipes are broken, you call a plumber. But if you have trouble budgeting or financing, no one thinks to go to the bank for advice or a class. And it’s free.”

And when it comes to finances, there’s nothing wrong with free.

Joseph Bednar can be reached at [email protected]

PeoplesBank Issues 2019 Corporate Green Report

By BusinessWest Staff May 14, 2019

Financial Environment

PeoplesBank recently issued its annual Corporate Green Report in conjunction with Earth Day 2019. Through its green values and actions to support environmental sustainability, PeoplesBank believes it can help make the region a healthier place to live, work, and raise a family. The bank puts these values to work throughout the year through its charitable donations, volunteerism, support of green-energy projects, and construction of LEED-certified offices.

“As a mutual bank, we are focused on our values of innovation, community support, environmental sustainability, and employee engagement,” said Tom Senecal, president and CEO of PeoplesBank. “Environmental sustainability is really the meeting place of all those other values. It is a way we can be innovative, support the community, and engage our associates in a way that is meaningful.”

Added Philippe Michaud, a loan service associate at PeoplesBank and co-chair of its environmental committee, “a business’ responsibility is to try and influence its communities toward being more sustainable. The environment is a core belief that is built into the fabric of our organization. That goes a long way toward what we do in the community.”

Community banks, like PeoplesBank, are not generally known for building green offices, but PeoplesBank has a LEED Gold-certified office in Northampton, a LEED Gold-certified office in West Springfield, and a LEED Silver-certified office in Springfield. The LEED-certified office in Springfield, the first of its kind in the city, won a Green Seal from the city of Springfield.

The bank’s newest branch in Holyoke will also seek LEED certification once construction has finished. Pursuing that objective means the new branch will be constructed and operated as a green building. Some of the highlights include:

• Reuse of a portion of the existing Yankee Pedlar building (the historic Hildreth House);

• Reduction rainwater runoff on the site and use of landscaping that requires no irrigation;

• Use of low-flow water fixtures and high-efficiency HVAC; and

• Use of building materials that have low or zero volatile organic compounds and are sourced locally where possible.

In addition, the exterior wall is highly efficient and allows for the flow of air vapor in two directions, meaning the wall will ‘breathe’ throughout the year, leading to a cleaner indoor environment.

Three PeoplesBank offices (Northampton, West Springfield, and 330 Whitney Ave. in Holyoke) have electric-vehicle-charging stations. The bank is also launching a “Choose to Reuse” campaign designed to eliminate the use of disposable paper products internally.

“As a mutual bank, we are focused on our values of innovation, community support, environmental sustainability, and employee engagement. Environmental sustainability is really the meeting place of all those other values. It is a way we can be innovative, support the community, and engage our associates in a way that is meaningful.”

During the past year, PeoplesBank was recognized by Independent Banker magazine for its environmental sustainability efforts and, for the fifth year in a row, the bank was voted “Best Green Local Business” by Daily Hampshire Gazette readers. The bank is also a past recipient of the Sustainable Business of the Year Award and Associated Industries of Massachusetts’ Sustainability Award.

Over the course of the last year, PeoplesBank provided more than $58,000 in support for green initiatives in Western Mass., including:

• A mobile farmers’ market that travels to underserved and food-desert areas of Springfield and surrounding communities;

• The Community Involved in Sustaining Agriculture Food for All campaign;

• The Center for EcoTechnology’s Eco Fellows and support of over 100 community education events;

• The annual Source to Sea Cleanup of the Connecticut River, which also includes hands-on participation by a team of volunteers from the bank;

• The Mount Holyoke Wetlands Restoration Project, conducted by Restoration Ecology Summer Scholars;

• Scientific environmental education at the Hitchcock Center for the Environment; and

• ValleyBike, the region’s new bike-sharing program.

PeoplesBank is also a longtime leader in sustainable-energy financing, and the bank’s commercial lenders are recognized for their expertise in creating financing packages for green-energy power generation. To date, the bank has financed more than $183 million in wind, solar, and hydroelectric power-generation projects, an increase of $17 million in just one year.

Community Bank, N.A. Works to Live Up to the Sign Over the Door

By George O'Brien March 5, 2019

What’s in a Name? Plenty

Mike Buckmaster, vice president of Commercial Lending for Community Bank, N.A.

Since entering the market in 2017 through the acquisition of Merchants Bank and its branch in Springfield’s Tower Square, Community Bank, N.A. has been working to build on its foundation in this region. It brings to the highly competitive local banking landscape both considerable size and an operating mindset commensurate with the name on the letterhead.

Mark Tryniski acknowledges that it sounds illogical that a financial-services institution with $12 billion in assets and more than 230 branches could call itself a community bank — let alone call itself Community Bank, N.A.

But Tryniski, president and CEO of the Syracuse, N.Y.-based institution, said ‘Community Bank’ represents more than a name — and one that fits. Indeed, it’s more like an attitude.

“As our name suggests, we’re a community bank — that’s how we’ve always operated,” he explained. “And when you put the name ‘Community’ on your bank, you’d better function as a community bank — and we do.

“There is such a thing as a community-bank model,” he continued. “You push authority down to people in the branches, as opposed to the big-bank model, where you walk in the door looking for a home-equity loan and they put you on the phone with a 1-800 number and someone working in another country. Community banks don’t do that.”

Mark Tryniski

“When you put the name ‘Community’ on your bank, you’d better function as a community bank — and we do.”

This operating mindset has enabled the institution to grow considerably over the past several years and into a number of different markets, including Springfield, accomplished through the acquisition in 2017 of Merchants Bank, which had previously acquired NUVO Bank, which operated a single branch within the 413 within a large footprint in Tower Square.

Since putting its name over the door on Main Street, Community Bank, N.A. has downsized that space considerably, while simultaneously working to establish itself and broaden its horizons within this market.

It has done so by essentially living up to the name over the door, said both Tryniski and Mike Buckmaster, vice president of Commercial Lending. They both said the institution possesses the formula that’s required to succeed today — a community-bank feel, but a large size that is necessary in a changing, quite challenging financial-services marketplace today.

“I think that, over a period of time, the market has accepted the fact, to a degree, that this is a consolidating industry,” said Buckmaster, who has logged more than 30 years in the banking industry, locally and in the U.K., and has carried business cards bearing the logos of NUVO and Merchants Bank, among others. “The differentiating factor tends to be the commercial banker, and if the commercial banker can continue to deliver in terms of service and business development, there tends to be a good degree of customer loyalty toward the banker, even through various acquisitions.”

That lengthy explanation helps explain why the Springfield facility has been able to enjoy steady growth in its portfolio even as the name on the wall of Tower Square has changed several times this decade.

Tryniski agreed, but said the combination of size and small-bank attitude is becoming ever more important as the consolidation movement continues without any signs of slowing down.

“I’ve been around the banking industry for a little more than 30 years, and there’s been a dramatic change in the banking landscape, mostly centered around consolidation,” he explained. “When I started, in the ’80s, there were 16,000 or 18,000 banks; now, there are roughly 6,000 banks.

“And I think the trend toward consolidation will continue because of efficiencies that can be garnered by scale and technology,” he went on. “The bigger you get, the more you can justify investments in technology to give you more efficiency. It’s hard for the smaller banks — you have to really be efficient and disciplined.”

Overall, Community Bank will look to get bigger still, and is looking at opportunities to expand within the Western Mass. and Connecticut markets, said Tryniski, but “haven’t found what the right opportunity is yet,” as he put it. Elaborating, he said growth for this institution will continue to come as it has historically, through a mix of organic growth and acquisition, with more of the latter than the former, especially in areas with slow or no growth but more than enough competition, and Western Mass. certainly fits that category.

In such markets, growth can come only by taking market share from other institutions, he went on, adding that this is generally difficult to do. Community Bank has had a good amount of success doing just that, however, because of that aforementioned enviable combination of large size and smaller-bank feel.

Mark Tryniski says Community Bank, N.A. will look for opportunities to expand locally beyond its location in Tower Square.

For this issue and its focus on banking and financial services, BusinessWest talked at length with Tryniski and Buckmaster about how Community Bank, N.A. has firmly established its presence in the local market and how it intends to secure additional market share and perhaps expand its footprint in the 413.

By All Accounts

Since acquiring Merchants, and therefore all its branches, Tryniski has visited Springfield on several occasions as part of his efforts to fully understand the broad geographic area served by the institution — one that stretches from the Northern Kingdom in Vermont to the Southwest corner of New York to the Lehigh Valley in Pennsylvania — and meet both team members and customers.

“We spend a lot of time on the road,” he said of the management team at the bank, adding that, when he does visit Springfield, or any other community served by the bank, he makes a point of learning as much about the region as he can.

In the City of Homes, he’s become familiar with some of the players within the business community, has found a few restaurants he likes, and is both impressed with and encouraged by the high level of energy he’s seeing in the central business district.

He said there are a great many similarities between Springfield and Syracuse, and in some ways, that has helped him understand the dynamics of not only the communities themselves, but the banking environment here.

“They’re remarkably similar, actually,” he said. “They have the same population, they have an industrial history, they have a stable-but-not-growing population, there’s a lot of education, the downtowns look very similar … they’re very much alike. Springfield feels to me like Syracuse.”

From a banking perspective, that means a community that, as he said, is experiencing comparatively little growth, population-wise and new-business-wise, and has a crowded field of competitors for financial-services products — banks and non-banks alike.

In this environment, operating with that community-bank model — but with roughly $3 billion in assets behind the institution — is what amounts to a competitive advantage — a large competitive advantage, said Tryniski.

SEE: List of Banks

“We tell our branch managers that we want them to be the president of the bank in their town,” he explained. “And we give them the authority to do that; we give them lending authority and authority around charitable contributions, fee waivers, fee adjustments, things like that. We try to vest as much authority in our branch managers locally as we can, and let them make decisions about their customers and their market.

“We probably have more of a community-bank business model than most community banks,” he went on, “because most don’t operate like that.”

However, in this market, there are still a large number of community banks — more than in many other markets — and this simple math requires that small-bank mindset. Meanwhile, the field of competitors continues to change and grow, thanks to technology, which has brought many non-bank players into the mix, said Tryniski.

“We compete now with all sorts of non-bank competitors on the lending side — for everything,” he told BusinessWest. “Whether it’s personal loans, business loans, car loans … it doesn’t matter what kind of loan you’re making, you’re competing against a multitude of other, non-banking enterprises. And the same is true on the deposit side as well.”

Buckmaster agreed, noting that, on the commercial-lending side, with all that competition, as well as all that consolidation, having a local address is not the same thing as having people who know the local market and have worked within it for years, if not decades.

“All that competition puts the emphasis very much on the banker and being able to provide the service and support growth going forward as clients need,” he said, adding that Community Bank is large and stable, and thus able to provide commercial-banking products of all sizes, including dollar amounts beyond the scope of many of the smaller community banks that populate the region.

The sweet spot for the bank, though, is loans between $1 million and $3.5 million, he said, adding that the bank is able and willing to continue writing loans for small-business owners, something the very large banks seem less interested in doing so.

This flexibility has enabled the institution now known as Community Bank, N.A. to continue to serve the customers added to its portfolio when it was NUVO, he went on, adding that loans have been written for businesses across virtually all sectors and for a number of commercial real-estate acquisitions as well.

“We’ve have some customers who were initially small back eight or nine years ago who have grown into significant customers that require a significant increase in loan support going forward,” he told BusinessWest. “We’ve seen some good growth in commercial and industrial customers over that period of time, and in addition, we’ve also seen significant new dollars in different types of commercial-investment real estate, whether it be locally in Western Mass. or further afield.”

Worthy of Interest

Returning to some of those numbers mentioned earlier — the 230 branches and current status as the 125th-largest bank in the country — Tryniski said they certainly make Community Bank, N.A. sound big. And it is.

“But we’re a lot close to the smallest bank in the country than we are to the biggest, even though the numbers say we’re one of the biggest,” he noted, adding that, in today’s banking climate, it’s not how big a bank looks on paper that matters, but how big it acts in the markets it serves.

And with that as the benchmark, this institution does indeed live up to the words on its stationary and over those 230-odd doors.

George O’Brien can be reached at [email protected]

bankHometown, Millbury Savings Bank to Merge

By Joseph Bednar March 5, 2019

Merging Banks

Matthew Sosik

Matthew Sosik, president and CEO of bankHometown, and Robert Morton, President and CEO of Millbury Savings Bank, recently announced that the banks have signed an agreement to merge operations under the bankHometown name.

The combined bank will have approximately $1 billion in assets and 15 branch offices located throughout Central Mass. and Northeastern Connecticut.

“We’re excited to welcome Millbury Savings Bank’s customers, employees, and communities to the bankHometown family,” Sosik said. “This merger will expand our presence into the Worcester and Millbury markets and will add a team of talented bankers to bankHometown.”

Morton agreed. “Merging with bankHometown allows us to provide our customers with increased lending capacity, an extended branch and ATM network, and an expanded offering of products and services,” he said. “At the same time, and even more importantly, our customers will see the same familiar faces every day.”

There will be no staff reductions or branch closures resulting from the merger. The impact to customers is expected to be minimal as both banks share the same core processor.

“Banks under our Hometown Financial Group umbrella benefit from access to highly skilled executives and support teams.”

After the closing, Morton will lead the combined bank as its president and CEO. In addition, Morton and five members of the Millbury Savings Bank board of trustees will join the bankHometown board of directors.

bankHometown is a wholly owned subsidiary of Hometown Financial Group. Morton and one other Millbury Savings Bank board member will join the Hometown Financial Group board of directors. bankHometown will remain headquartered in Oxford. As part of the Hometown Financial Group family of banks, which includes bankESB, bankHometown, and Pilgrim Bank, the combined bank will benefit from the shared resources of a larger institution while operating independently in its own market area.

“We have a proven track record of success with our operating model,” Sosik said. “Banks under our Hometown Financial Group umbrella benefit from access to highly skilled executives and support teams. This allows the bankers at each of our subsidiary banks to focus their efforts on growing market share and providing best-in-class banking products, services, and solutions to customers.”

Following the merger with Millbury Savings Bank, Hometown Financial Group will have approximately $3 billion in consolidated assets and 32 branch offices operating across Massachusetts and Northeastern Connecticut. Following the merger, Sosik will continue in his role as president and CEO of both bankESB and Hometown Financial Group.

The merger agreement has been unanimously approved by the boards of bankHometown and Millbury Savings Bank. The transaction is expected to close in the fourth quarter of 2019, subject to the receipt of required regulatory approvals and other customary closing conditions. Customer deposits will continue to be fully insured through the Federal Deposit Insurance Corp. (FDIC) and the Share Insurance Fund (SIF).

The merger with Millbury Savings Bank will mark the third transaction that will close in 2019 for Hometown Financial Group. On Jan. 31, the company closed on its acquisition of Pilgrim Bancshares Inc. This was followed by the announcement on Feb. 6 of the merger of Abington Bank and Pilgrim Bank. The closing of that transaction is expected in the second quarter of 2019 and will result in the formation of a $600 million bank with six branches operating in the Eastern Mass. region.

New Tax Deduction May Yield Benefits for Some Business Owners

By Columnist March 5, 2019

Understanding Section 199A

By Kristina Drzal-Houghton, CPA, MST

Kristina Drzal Houghton

At the close of every year, most individuals and business owners begin to think about taxes. Currently, many are anxious to find out what their liability will look like considering the law change known as the Tax Cuts and Jobs Act (TCJA).

One major provision is a new tax deduction for passthrough entities (S-corporations, partnerships, and sole proprietorships) under Sec. 199A. The deduction generally provides owners, shareholders, or partners a 20% deduction on their personal tax returns on their qualified business income (QBI). Various limitations apply based on the type of business operated and the amount of income the business has.

While the calculation of the deduction amount is beyond the scope of this discussion, a summary follows of the limitations that apply to specified service trades or businesses (SSTBs) and other benefits which may be available.

The Internal Revenue Code has historically treated professional service businesses more harshly than any other type of business, and this continues with the Sec. 199A deduction. For example, before the TCJA, professional service corporations were taxed at a flat 35% tax rate rather than the graduated tax rates applicable to other C-corporations. Under the new rules, the same corporations will benefit from a flat 21% tax. Pass-through entities did not fare as well; the 20% deduction does not apply to certain enumerated SSTBs if the taxpayer’s taxable income is above certain threshold amounts.

The threshold amounts are $315,000 for taxpayers filing jointly and $157,500 for all other taxpayers, with a deduction-phaseout range, or limitation phase-in range, of $100,000 and $50,000, respectively, above these amounts.

SSTBs are broken into two distinct categories:

1.Trades or businesses performing services in the fields of health, law, accounting, actuarial science, performing arts, consulting, athletics, financial services, brokerage services, or any trade or business where the principal asset of that trade or business is the reputation or skill of one or more of its employees (specifically excluded are engineering and architecture); or

2. Any trade or business that involves the performance of services that consist of investing and investment management, trading, or dealing in securities, partnership interests, or commodities.

QBI also does not include compensation, even compensation paid to the shareholders of an S-corporation, or any guaranteed payments paid to a partner for services rendered with respect to the trade or business, or any payment to a partner for services rendered with respect to the trade or business. As a result, if your practice is a partnership that pays out all of its income in guaranteed payments, you may want to switch to a model that instead specially allocates that income to the partners, as a special allocation of income is eligible for the 20% deduction, while the guaranteed payments are not.

This could allow individual partners whose income falls below the above thresholds to benefit from the QBI deduction even if the activity is otherwise an SSTB.

What happens if a trade or business has multiple lines of businesses, where one of the lines is an SSTB? The regulations include a de minimis rule for this situation. If a taxpayer has $25 million or less in gross receipts for the tax year from SSTB activities, it will not be considered an SSTB if less than 10% of the receipts are generated by the SSTB activity. If the taxpayer has more than $25 million in gross receipts, it will not be an SSTB if less than 5% of those receipts are generated by the SSTB activity.

The regulations do provide a couple of anti-abuse provisions to prevent taxpayers from incorrectly trying to take advantage of the tax law. The first relates to a common question I am often asked at networking functions where an employee now desires to be treated as an independent contractor to take advantage of this new tax deduction. The regulations provide that former employees are presumed to still be employees even if subsequently treated as an independent contractor. The IRS provides several tests and factors to consider if a worker is an independent contractor or employee which should be considered by an employer before changing a worker’s classification.

The second anti-abuse provision has to do with related party businesses. Here the IRS has stated that, if a business that otherwise wouldn’t be considered an SSTB has 50% or more common ownership with an SSTB (including related parties) and is providing substantially all its property or services to the related SSTB, it will be considered an SSTB. ‘Substantially all’ is defined to be 80% or more of its total property or services to the related SSTB. This is designed to prevent taxpayers from shifting income to non-SSTB businesses by adjusting the purchase price on related party sales to take advantage of the tax break.

There are several other provisions of the TCJA that benefit all businesses regardless of form. These provisions are all effective Jan. 1, 2018 unless otherwise indicated and include:

• The maximum amount allowed to be expensed under Code Section 179 is increased to $1 million, and the phaseout threshold is increased to $2.5 million. These amounts are indexed for inflation after 2018.

• The definition of qualified real property under Code Section 179 is expanded to include certain depreciable personal property used in the lodging industry, as well as certain improvements to nonresidential real property after the date such property was placed in service, such as roofs; heating, ventilation, and air-conditioning property; fire protection and alarm systems; and security systems.

• For property acquired and placed in service after Sept. 27, 2017 and before Jan. 1, 2023, the first-year deduction is increased to 100%.

• After 2022, the deduction percentage phases down by 20% per year until it sunsets after 2026.

• Most states, including Massachusetts, have decided to decouple from the new bonus-depreciation rules.

• No deduction is allowed for entertainment, amusement, or recreation; membership dues for a club organized for business, pleasure, recreation, or other social purposes; or a facility used in connection with any of the above.

• Costs for entertainment expenses such as tickets to sporting events, taking clients to play golf, and similar activities are no longer deductible.

• Meals provided for the convenience of the employer, through an eating facility or other de minimis food and beverage, are no longer 100% deductible, but now fall into the 50% category. They become non-deductible after 2025.

• Qualified transportation fringe benefits provided to employees continue to be excluded from the employees’ income but are no longer deductible by the business.

• Between Jan. 1, 2018 and Dec. 31, 2019, the TCJA allows a credit of 12.5% of the amount of wages paid to qualifying employees during any period during which such employees are out on family and medical leave, provided that the rate of payment is 50% of the wages normally paid to an employee. The credit increases by 0.25% (but not above 25%) for each percentage point by which the wages exceed 50%.

• Wage expense is reduced when the credit is taken as an alternative.

On Jan. 18, the IRS released guidance on many Sec. 199A issues when it issued final regulations. The IRS noted that the final regulations had been modified somewhat from the proposed regulations issued last August as a result of comments it received and testimony at a public hearing it held. The final regulations apply to tax years ending after their publication in the Federal Register; however, taxpayers may rely on the proposed regulations for tax years ending in 2018.

The combination of the proposed regulation and final regulations has altered some of the planning techniques originally thought to increase the tax benefits available to SSTBs under the provisions of Sec. 199A. If your business previously adopted planning techniques before the August and January regulations, you should revisit the projected benefits with your tax adviser.

Kristina Drzal-Houghton, CPA, MST is a partner at Holyoke-based Meyers Brothers Kalicka and director of the firm’s Taxation Division; (413) 535-8510.

UMassFive College Credit Union Continues to Move Beyond Its Roots

By George O'Brien January 8, 2019

Developments of Interest

Richard Kump, president and CEO of UMassFive.

As the name suggests, the UMassFive College Credit Union was launched to serve employees at UMass Amherst. But it quickly expanded its mission to the other schools in that region, and then beyond employees of those institutions. Today, the process of expansion and evolution continues, and touches many realms, from new branches to new technology to new member sponsors. In short, those humble beginnings have been left well behind.

Richard Kump has spent his entire career in financial services working for credit unions. That includes a lengthy stint at St. Mary’s Bank in Manchester, N.H.

This line on a résumé leads to a story he likes to tell and has told quite often.

“St. Mary’s was chartered in 1909; it was the first credit union in the country, but they didn’t call them credit unions then,” Kump explained. “It was built out of the French Canadian Catholic parish in the west side of Manchester serving the mill workers. They’ve held onto that ‘bank’ moniker without actually being one. It’s a bit of an identity crisis.

“The one bank in town was owned by the mill owners,” he went on. “They had practiced discrimination; if you were a French Canadian mill worker, you couldn’t get a mortgage from them, because they wanted you on their housing plan, which put you right next to the factory in terrible conditions. And that’s why the credit union was created — so those mill workers could pool their nickels and dimes and lend to each other so they could buy homes.”

While Kump likes relating the story of St. Mary’s, he quickly moved on to one he likes telling even more — the one concerning the institution he now leads as president and CEO — UMassFive College Credit Union, or UMassFive, as it’s known. And it’s a compelling story.

Founded in 1967 to serve employees at UMass Amherst, as the name suggests, it has moved well beyond its somewhat humble beginnings. In all kinds of ways.

Starting with the membership. Indeed, while the credit union still serves UMass employees, and those of the other institutions that make up the Five Colleges — Amherst, Hampshire, Smith, and Mount Holyoke colleges — it also serves their current students and alumni. Membership also extends to UMass Medical School in Worcester, where there is a non-traditional branch, and, most recently, Greenfield Community College.

And UMassFive has extended its reach far beyond what might be called academia, through both acquisition and the addition of several new ‘sponsors,’ as they’re called, including CISA (Community Involved in Sustaining Agriculture), River Valley Co-op, several area communities, and Mercy Medical Center in Springfield, where there is another non-traditional branch.

There are five branches in all, serving more than 43,000 members, said Kump, who became CEO last July. Meanwhile, assets, which totaled roughly $135 million when he arrived in 2000 to serve UMassFive as chief operating officer, are now approaching a half-billion; the institution expects to crash through that barrier this year.

Beyond these various forms of growth, a pattern mirrored by many credit unions over the past 20 years or so, UMassFive has changed in other ways, especially with regard to technology, said Kump, who likes to believe his institution is on the proverbial cutting edge in this realm.

As an example, he pointed to the ITM, or interactive teller machine, in the lobby of the main office just off Route 9 in Hadley. The ITMs, which are becoming increasingly prominent in other markets and are just starting to make their mark in this one, essentially replace ATMs. Customers can use one to talk to a real person (hence the name), conduct a wide range of transactions, and get answers to questions.

“This was a time when many financial institutions were burying their heads in the sand and trying to ride out the recession. Instead, we got very aggressive. We took advantage of those times, and it put us on a very firm setting.”

Beyond the ITMs, the UMassFive lobby is distinct because there are no tellers, at least in the traditional sense, said Kump, adding that each location now has banking specialists who take on what he called the ‘universal agent model.’

These individuals can assist customers with a broad range of banking needs, he went on, adding that this requires additional training and higher compensation than traditional tellers, but these are steps UMassFive is taking to better serve customers in these changing, more technology-driven times.

“What we’ve focused on is a marriage of high touch with high tech,” he explained. “We want to be able to provide the convenience of doing everything at your fingertips; at the same time, a lot of folks need help getting that done, so we want to make sure we have the staff who can help someone who is not tech-savvy.”

Meanwhile, another form of growth has been expansion into commercial products and services and development of a unique and now quite strong niche — the financing of residential solar-energy projects (much more on that later).

And while the present tense is intriguing, when it comes to the UMassFive story, there are some new chapters soon to be written, including a new branch in Greenfield, slated to open later this year, and perhaps some additional acquisitions at a time when they are continuing to dominate the landscape with regard to both banks and credit unions.

For this issue and its focus on banking and financial services, BusinessWest talked at length with Kump about how UMassFive continues to build upon its strong foundation and grow its footprint, in every sense of that term.

Dollars and Sense

When Kump arrived at UMassFive in late 2000 after a stint at Cathedral Credit Union in Manchester, the institution was operating out of cramped quarters in a building next to the Hangar restaurant on University Drive in Amherst.

How cramped?

“My office was a supply closet — literally,” he recalled. “Because the roofs were pitched, to get to my desk I had to bend over to go around to the back of my desk.”

The inconvenience was rather easy to tolerate, he went on, because the institution was building its new home in Hadley at the time, and thus those crawls were to be a temporary nuisance.

The new facility would be the first of many positive developments in this century, one that has proven to be a good one for credit unions — at least those with the size, determination, and imagination to cope with many forms of change, from a host of new regulations to rapidly advancing technology.

As he quickly rehashed his own tenure at UMassFive, as well as that of his predecessor, Kathy Hutchinson, who served the institution for more than four decades, Kump said UMassFive, and all credit unions, for that matter, greatly benefited from both the Great Recession of a decade ago and the ongoing consolidation of the banking industry.

The ITMs installed by UMassFive allow customers to see, and interact with, an employee of the credit union.

Elaborating, he noted that, as the recession was escalating and the stock market was collapsing, individuals were looking for a safe place to park their money. And many found one in the local credit union.

“During the early part of the recession, we saw unparalleled growth; we had three consecutive years of double-digit asset growth, including one year with more than 20% growth,” he recalled. “There was a lot of money coming out of the market, and it needed go somewhere safe. Meawhile, there was a lot of national bank disenfranchisement — there were ‘close-your-bank-account’ days and people protesting in front of Bank of America.

“This was a time when many financial institutions were burying their heads in the sand and trying to ride out the recession,” he went on. “Instead, we got very aggressive. We took advantage of those times, and it put us on a very firm setting.”

While this was going on, UMassFive, which has what’s known as a multi-sponsor charter (instead of a single sponsor or employer), as opposed to the more common community charter, was also taking on new sponsors, such as CISA and River Valley Co-op, that have brought many new members — and opportunities — to the institution.

“Some of the sponsors we’ve taken on recently have really been formative to our plans,” he explained. “We’ve found more members through our relationship with CISA than we have through the University of Massachusetts over the last couple of years. That’s because people who can’t join the credit union any other way join CISA, and then they’re eligible for UMassFive.”

While growing membership, the credit union has also recently been expanding its portfolio of products and services, especially on the commercial side of the ledger, specializing in loans for equipment and commercial real estate. The move was a synergistic one, said Kump, noting that many members own businesses or commercial real estate, specifically multi-family housing, and it has created many new opportunities to grow the institution.

“It was symbiotic — we felt we could help our members who had those commercial needs with a level of service we felt could compete very favorably, especially with some of the larger regional and national financial institutions,” he explained. “And at the same time, it develops a wonderful asset for the credit union.”

By All Accounts

Echoing business owners and managers across virtually all sectors, Kump said the pace of change is too great, and the number of potential disruptors on the horizon way too high, for institutions like his to write a traditional five-year plan.

Three years is about the outside for any strategic plan these days, he went on, adding that the latest such document crafted by those at UMassFive doesn’t contain any real secrets — simply ongoing expansion of current initiatives and a focus on continued, sustainable growth, because in the financial-services sector today, size — for banks and credit unions alike — really does matter because of the economies of scale it provides.

The Greenfield branch, a traditional facility, like the one the institution operates in downtown Northampton, will be perhaps the most visible — and costly —avenue of growth, he said, adding that expansion into that Franklin County community is a natural progression for UMassFive and a vehicle for better serving customers such as those at GCC and those in or related to the agriculture sector sponsored by CISA.

SEE: List of Credit Unions

“This move has been in the planning stages for some time,” he said, adding that, in recent years, the credit union has been focused on other infrastructure initiatives, such as renovation of both the main office and the Northampton branch. “Now, it’s a matter of looking outward a little bit more.”

This new branch will be like the others the institution operates, he said, referring to the leading of edge of technology.

“We don’t build cookie-cutter branches; we’ve gone through branch metamorphosis the past few years,” he said, referring not only to the ITMs — which are now in drive-throughs as well as branch lobbies — but the personnel staffing these branches.

“We eliminated all tellers more than two years ago, because fewer and fewer of the transactions are coming to the branches,” he explained. “People are using mobile, they’re using online banking … they don’t have a need to come to the branch. But when they do come to the branch, it’s for something important.”

Which brings him back to that ‘universal agent,’ a phrase he uses, although he admits he’d like some better terminology.

“We’ve created a position where the individual has the knowledge that a branch manager would have in years past,” he explained. “They can help someone regardless of what they’re looking for.

“To make all this work, our hiring practices are much different,” he went on. “More of our hires have no banking experience than have banking experience, and what we’ve found works very well for us is that we hire people who are outgoing and care — they just want to help someone else.”

With the changes in technology and hiring strategy has also come a deeper commitment to training, a necessity if the machines and the people are going to properly serve the members, he continued.

“We’ve tripled our professional-development budget over the past three years,” said Kump. “And that’s because we’ve put a big onus on the employee in the branches; they have to know so much. They’re not the specialist anymore.”

Meanwhile, the institution will continue efforts to expand on the commercial side of the ledger and the solar-lending realm as well, he said, adding that UMassFive has already created quite a niche with such transactions.

“In three years, we’ve become the highest-volume residential solar lender in the Commonwealth,” he noted, adding that UMassFive has written more than $45 million in loans covering roughly 1,400 residential, and now commercial, solar projects.

And they’re being written for members across the state, he said, adding that solar installers are recommending the institution to people well outside the 413, many of whom have become members through membership in CISA.

Past Is Prologue

Returning to Manchester, N.H. and the credit union called St. Mary’s Bank, Kump said it was formed 110 years ago to serve the underserved.

“Hopefully, there’s still a lot of that left in that industry,” he said, adding that there’s quite a bit of it at UMassFive.

The institution’s unofficial slogan, put into use by Hutchinson, is “every member, every day.” That’s where its focus is and where it will stay, Kump said, even as it keeps adjusting proactively to new challenges and constant change.

George O’Brien can be reached at [email protected]

At bankESB, Growth Continues on a Number of Fronts

By Joseph Bednar January 8, 2019

Taking Account

Matt Sosik says branches serve a different role than they used to, providing more value but less volume in the age of online and mobile banking.

In this era of rampant mobile banking, opening a physical branch is a different proposition than it used to be, Matt Sosik said. But it’s still an important one.

“At this point in the cycle of our industry, branching has fallen by the wayside a little bit,” said Sosik, president and CEO of bankESB, which recently opened its 11th branch on Sargeant Street in Holyoke — a move that, despite the declining emphasis on bricks and mortar, made a lot of sense.

“We feel we’ve been banking with the people of Holyoke for years and years, so Holyoke is a natural extension of our footprint,” he said, noting that today’s branches are smaller and more efficient than those built in the past, but still must emphasize customer service — something that Tiffany Raines, Holyoke’s branch manager, has said she will emphasize there.

Indeed, online channels do change the dynamics of a branch as a delivery channel, Sosik told BusinessWest, if only because branches simply serve fewer people in person than they used to.

“Customers, as they should, love that technology can improve their banking experience, and we really encourage our customers to use those online and mobile banking products; they’re so robust and provide so much to customers,” he noted. “That said, we’ll never lose our ability to interact with them face to face. We covet that, and when we get our customers in front of us, we certainly take advantage of that and provide guidance to them.”

“Actual in-person branch transaction volume is well off over the past 20 years, so it’s really about building the initial relationships with the customer; that’s what a branch does best in 2019.”

With that in mind, he said, the new Holyoke branch, like any new branch at most banks, is designed to provide value, not volume — a more personalized experience, in other words, for fewer customers each day.

“Actual in-person branch transaction volume is well off over the past 20 years, so it’s really about building the initial relationships with the customer; that’s what a branch does best in 2019,” he went on. “It’s more a source for originating the customer relationship than it is a delivery channel — more for acute problem resolution and consultative conversations.”

Yet, new branches also reflect growth, and bankESB is certainly growing, with $1.3 billion in assets across its 11-branch network in Hampden and Hampshire counties. Meanwhile, its holding company, Hometown Financial Group, also based in Easthampton, boasts $2.1 billion in assets and 24 branches across Western and Central Mass. and Connecticut, with further expansion to come (more on that later).

Banking today, Sosik said, is less about products and “more about how we deliver those products we’ve all become very familiar with.”

Take residential lending, for example. “The mortgage world has lent itself well to the online world, where we can efficiently process a transaction for somebody to buy what is arguably the biggest asset of their life, and we can do that almost entirely online for them — and very efficiently. That’s what technology has done — improved on products we’ve all come to know and love. That’s the difference between 2019 and, say, the 1990s.”

Dena Hall, the bank’s executive vice president and chief Marketing officer, noted that bankESB has the second-highest market share in Hampshire County at almost 22%, and the expansion into Holyoke follows growing name recognition in Hampden County, where it also maintains branches in Agawam and Westfield.

“We’ve seen an increasing level of awareness across the Pioneer Valley, up and down the 91 corridor, which is important to serve customer needs in this region,” she added. “Really, we’re all about meeting customers where they want to meet us. We want them to know we’re a viable option for them.”

Lending Thoughts

To understand the importance of face-to-face relationships in banking, Hall said, look no further than commercial lending, an increasingly important part of bankESB’s business and strategic direction. The institution added three new lenders to its commercial team in 2018, all from larger local banks, in an effort to add more resources to the division and demonstrate the capability to meet the commercial financing needs of businesses in the region. The team now has seven lenders under the direction of Executive Vice President Ryan Leap.

“When you think about how the customer has gotten physically away from us, that’s less so with the commercial business,” Sosik said. “Commercial lending has a lot to do with what we do best — customer service, face-to-face interactions, and building long-term, value-added relationships. For us, it’s a very natural customer-service direction in which to grow.”

The new Holyoke branch is a physical extension of business that bankESB had been doing in that city for many years.

That growth comes at a time when businesses continue to invest in capital projects, he added.

“We see a lot of things going on in the economy. The economy has such a long and slow build that it’s hard to see it in motion, but take a look back at the past year and years prior, and we’ve definitely seen continuous, slow, steady growth. Thankfully for Western and Central Massachusetts, we see that growth in small and medium-sized businesses coming in and taking advantage of the economy and improvements in commercial real estate.”

At the same time, Hall said, bankESB is building its consumer divisions. “Last year, we hired a new leader for the residential mortgage and consumer loan division with several years of experience in mortgage operations and origination, most recently with Peoples United Bank,” she noted.

SEE: List of Banks

In addition, after a year of developing its back-office processing and underwriting area, the bank recently added two new mortgage loan originators and upgraded its online mortgage application so that customers can apply how and when they want, either in person with a loan originator or online.

“With some banks in our market pulling back on their mortgage efforts, we’re excited to make more products and sales people available to the region,” she said.

Sosik agreed. “We continue to build the depth and breadth of the team to handle our growth. That’s generally been our strategic direction when it comes to community lending.”

That’s why developing both sides of the customer-service equation — a more robust online presence and also branches focused on customer service — are equally important, Hall said.

“A lot of customers are doing research online but close the deal in the branch, and we have people ready to serve them,” she told BusinessWest. “Clients want that face-to-face interaction, and we’ve hit a nice balance of being technologically savvy with mobile offerings and very customer-service-oriented, very customer-facing. That’s a perfect fit in this market.”

Mutual Successes

Hall noted that bankESB has received some key accolades of late. In June, it was named one of America’s best-in-state banks by Forbes in a nationwide survey; of the five banks selected in Massachusetts, bankESB ranked second, and was the only bank on that list headquartered in Western Mass.

Understanding the importance of building a bank’s name, its holding company, Hometown Financial Group, continues to grow its franchise and build a separate brand presence in each region. That means three separate banks will operate under the holding-company profile: bankESB, bankHometown, and Pilgrim Bank. The latter acquisition, based in Cohasset, closes this month and adds three branches and $263 million in assets to the Hometown family.

“We have a commitment to mutuality and building those local brands, building market share in each region, then we consolidate and make efficient the back-office and operation side. We think that’s a compelling business structure going forward,” Sosik said.

“Commercial lending has a lot to do with what we do best — customer service, face-to-face interactions, and building long-term, value-added relationships.”

“We’re big believers in our mutual structure,” he continued. “First and foremost, as a mutual company, we’re not owned by stockholders. We choose to be very entrepreneurial, and we run very much like a stock company would from the business side of it. But that mutuality gives us the ability to service customers and the community in ways that stock banks cannot.”

With so many community banks operating in Western Mass., he explained, that mutual structure helps set bankESB apart. “I think that’s a real difference maker for us, showing how much we are committed to mutuality and community banking.”

At the same time, Hall said, the company’s commitment to mutuality and its holding-company structure makes it an attractive partner for other like-minded mutual banks in its current market and beyond.

“We have some exciting transactions in the works, and we hope to be able to announce those transactions within the next 30 to 45 days,” Sosik added. “I think they’re compelling; there will be market interest there. We’re really moving our company forward in a number of ways. We’re excited about that. There’s a lot going on.”

Joseph Bednar can be reached at [email protected]

Wealth Technology Group Takes a Holistic View of Financial Planning

By Joseph Bednar October 16, 2018

Life Goals

Gary Thomas says a diversified portfolio of investments is always a good idea, with a mix of high growth potential and stable returns.

In an ever-changing world — one in which career trends, technology, and, yes, financial markets have a way of shifting — it can be daunting to craft an investment strategy. Gary Thomas, president of the Wealth Technology Group, relishes the chance to help clients do just that, by focusing on the big picture. His job isn’t just financial planning, he says, but life planning — at least, as much as one can plan for the unexpected turns of life.

It can be daunting, Gary Thomas said, to plan for the future when no one knows what the future will look like.

“As long as there are innovators in this country, there’s going to be change, and that change is going to create disruption. And we’ve seen it already in the jobs that aren’t there that were there 20 years ago,” he said.

That’s not a new trend, of course. “We don’t even know what we want until we see it,” Thomas went on. “Henry Ford once said that, if he’d asked his consumers what they wanted, they would have said ‘faster horses.’ You just don’t know what you want until you get introduced to an idea. You always think things will be the same as they are in this little snapshot of life. You want to hang on to the past, but technology is going to be changing. And we can’t stop that.”

That’s the definition of progress, and that’s good for investment markets, which — despite their short-term fluctuations — have always grown over the long term, said Thomas, president of the Wealth Technology Group. “When the economy grows, everybody benefits sooner or later, but it doesn’t always go in a straight line.”

“Henry Ford once said that, if he’d asked his consumers what they wanted, they would have said ‘faster horses.'”

He shared these thoughts by way of explaining why it’s important for individuals planning for retirement — or just looking to save for college and other expenses — to diversify their investment portfolios. And, indeed, Wealth Technology Group helps clients preserve assets, lower their tax burden, and pass legacies to the next generation through a broad mix of tools, including mutual funds, managed accounts, real-estate investment trusts, energy shares, annuities, and life-insurance options — with the goal of creating financial stability in what can be a volatile world.

That means trusting the long-term record of the stock market, he went on, but also making sure to place money in vehicles with a more predictable return.

“You have to have a philosophy where you basically pay yourself first,” he said. “I almost don’t care where you put it, as long as you put it away. If you’re far enough away from retirement, you should have a pretty diversified approach in equities, but as you get close to retirement, you need to make sure you have some secure money, for when markets go down.”

In other words, investors have to be both educated and flexible — especially at a time when Americans are living longer, meaning they have to make their money last longer.

“We’re in a different situation than our parents or grandparents were. It takes a more creative approach, it takes education, and it takes some hand holding, too,” Thomas said, bringing the conversation back to the role his firm plays. He cited studies suggesting that individuals with a consistent financial advisor tend to do as much as 2% better per year than those that don’t, even accounting for fees.

“Part of it is behavioral science — and having somebody to call,” he explained. “Typically, people make mistakes by moving around too much. You’ve got to have a balanced approach, where you have some secure money and some growth-oriented money for your older years.”

Thomas doesn’t only help his clients navigate this landscape in his Westfield office. He’s been active over the years delivering workshops, seminars, and classroom lectures on financial topics, so he knows the value of educating people.

“In some ways, people are more torn these days, because trying to sort out all that information on the internet is like trying to take a sip through a firehose,” he told BusinessWest. “Everybody’s got an agenda — the posts you see on websites are often promoted content, and it’s hard to distinguish. Even if they’re not, they still represent one person’s philosophy.”

The goal, he added, is for clients to develop their own philosophy.

“Money and financial security mean different things to different people, and it plays a big role in our life whether we want to admit it or not,” he said. “At the same time, there’s just too much information out there — we’re bombarded with it — and there’s a big difference between information and knowledge, or between information and wisdom.”

SEE: List of Banks in Western Mass.

So, while some investors get wrapped up in “the latest shiny thing,” like Bitcoin or gold, he said, it’s more important to save consistently.

“You can make a lot of money from being average if you don’t switch things around too much, because the market’s averages are pretty darn good,” he said. “But you also have to have that nest egg because when things go down.”

Growing Need

When Thomas launched his business around 1991, financial planning was a field on the cusp of significant evolution.

“Before that, everybody just had a stockbroker, they had an insurance agent, they had an accountant, but there wasn’t much in the financial-planning world. So, basically, we started the company, and it was more estate planning to begin with, but it just sort of evolved over time into money management and financial planning, because that’s where the need was.”

For years, he built the company’s reputation through a number of call-in radio programs around Western Mass., an approach that appealed to listeners hungry for information about financial strategies. “People were looking for straight information and not a sales job. That’s been our philosophy ever since.”

It’s a philosophy that’s also middle-of-the-road when it comes to investment risk, he added.

“If you come from an insurance background, you tend to be very conservative. If you come from a stock background, you tend to be maybe more aggressive. Well, I come from a legal background, and lawyers like to question everything. So it also made me a little skeptical about some of the products. So, basically, we took a more conservative approach to money management — not ultra-conservative, but middle of the road.”

One key message, which has become a company motto of sorts, is “it’s not what you make, it’s what you keep” — which is why he helps clients navigate tax-related pitfalls as well.

“I take more of a holistic approach because of my background; I have a master’s in tax law. And what good is it if you make a ton of money but you have to pay 40% of it back in taxes? So we try to use strategies to avoid that. It’s a total approach of, where are you going to be down the road? If you take money out, is it going to be taxable? Are you going to have some tax-free money?”

While taking a conservative approach, he remains confident in the stock market, but understands that it can be scary to obsess over its fluctuations on a day-to-day basis — and that investors need to rely on other sources for guaranteed returns.

“I take more of a holistic approach because of my background; I have a master’s in tax law. And what good is it if you make a ton of money but you have to pay 40% of it back in taxes? So we try to use strategies to avoid that. It’s a total approach of, where are you going to be down the road? If you take money out, is it going to be taxable? Are you going to have some tax-free money?”

“I’ve been around long enough to see that markets don’t always go up,” he explained, “and when the markets are down, you need a conservative piece someplace to take money from when you need it.”

That said, Thomas added, “this country’s always going to grow. No matter what happens, no matter what financial crisis there is, we’re always looking for new ideas and new ways to grow. And that’s what the market does. You think of the major companies today that are big names, which were not in existence 25 years ago, like Amazon and Google. And Apple was almost out of business.”

He shares these strategies of diversified investment with mainly clients approaching their retirement years, but also many young families that are trying to figure out how they’ll pay for college for their kids, at a time when the average sticker price for four years of education is around $200,000. “It’s a real challenge today,” he noted.

In short, there are many reasons why people walk through his door.

“We do some estate planning, too, but it’s primarily holistic, complete financial planning — helping to find the right portfolio and the right financial tools for each individual, and then we actively manage that,” he explained. “It’s not just about picking an investment. It’s got to be right for you.”

As an independent financial-services firm, the Wealth Technology Group isn’t tied to any single product, and as an accredited investment fiduciary, he’s required to keep the client’s interests at the fore.

“If someone goes into a store, and the owner says, ‘that suit looks good on you,’ maybe it does — but maybe that’s just the suit they want to push that day,” he explained by way of analogy. Fiduciary responsibility simply means the firm considers more than what’s suitable for a client, but what would best meet his or her needs. “It’s not just going to benefit me as a financial advisor, but benefit you as the owner of it.”

Getting the Word Out

Long after his radio talk-show days, Thomas still enjoys conducting seminars and workshops that promote his work in more effective ways than a short radio or TV ad. They’re a means not only to help people understand the compexities of financial planning, but to get the word out that the Wealth Technology Group helps clients from all walks of life, not just high-net-worth individuals, as some firms do.

And when he shares his perspectives, both through seminars and one-on-one, he emphasizes that financial planning is really about life planning — and people are not always emotionally prepared for the changes that retirement will bring.

“Retirement brings a change in lifestyle,” he said. “It’s like you’re going 60 miles an hour, then you retire — and it can be hard to adjust when you don’t have eight hours a day filled up. If your purpose in life was to be a journalist and you were a journalist for 35 years and all of a sudden someone told you you weren’t valued as a journalist anymore, you’d better have a purpose beyond that. So we encourage people to have interests that really excite them beyond work.”

In fact, people don’t expect to be impacted by that lifestyle change, as well as the social withdrawal that sometimes comes with it, as much as they worry about money.

“I’ve had clients in the past that have come in and said, ‘I’m only 200 more Mondays away from retirement,’ and the next time I see them, they say, ‘only 150 more Mondays.’ And I say, ‘you know, what are you going to do the day you walk out the door?’”

Sometimes, the sudden change brings about problems with drinking or eating or their marriage, he went on, noting that some of the first astronauts who went to the moon came back and ran into personal issues once they were past that exciting, challenging phase of their lives.

But you don’t have to go to the moon to feel loss, he went on, and Thomas continues to help people plan for all stages of life — not just financially, but holistically. Because money matters, but it’s not everything.

“There’s got to be something beyond that ‘200 more Mondays.’ So that’s what we encourage people to think about,” he said. “Join a senior center, do something, get involved. And don’t concentrate too much on money. That’s our job.”

Joseph Bednar can be reached at [email protected]

PVGrows Investment Fund Reaches Investment Milestone

By Joseph Bednar October 16, 2018

Julia Coffey brought this selection of mushrooms to a local farmers market

Sowing Seeds

Julia Coffey brought this selection of mushrooms to a local farmers market. She also sells to restaurants, campus food services, and other food distributors.

Julia Coffey’s business was mushrooming — in more ways than one.

In fact, her enterprise, Mycoterra Farm, specializes in mushrooms. And when she was looking for a larger space in which to grow, she received a fortuitous phone call.

“In mushroom production, as with much agriculture, efficiency of scale is big — and we had maxed out capacity at our farm in Westhampton,” Coffey said.

She found a closed equestrian center on the market in South Deerfield that would make an ideal space, and initially pursued loans through the USDA Farm Service Agency. But she still needed more funding to get up and running on the new site.

“We were trying to figure out how to get the new farm online with a little less money than I needed, and it was Rebecca who reached out to me to see if we had any funding needs,” she recalled. “It was very timely.”

That was Rebecca Busansky, program manager for the Pioneer Valley Grows Investment Fund, or PVGrows for short, a regional investment and loan program launched in 2015 that provides financing and technical assistance to food and farming businesses in Western Mass.

“We really set out to help the whole food system. This is about farms and local food businesses and everything that makes a healthy food system,” Busansky told BusinessWest the day after the Franklin County Community Development Corp. (FCCDC), which oversees the fund, marked the project’s three-year anniversary with a celebration at Raven Hollow Winery at Koskinski Farms in Westfield.

It wasn’t just an anniversary being celebrated, but a funding milestone — $1.25 million, in fact, halfway to the fund’s original goal of $2.5 million. That money has helped more than 25 local farms and food entrepreneurs grow their businesses — and, in turn, a critical sector of the Western Mass. economy.

Mycoterra is a good example. The gourmet and exotic mushroom farm, as Coffey described it, grows “wood-loving” mushrooms indoors year-round. Mycoterra specializes in shiitake, oyster, and lion’s mane mushrooms, but experiments with many other varieties as well — and, in doing so, impacts scores of other food-related businesses.

“We market directly to farmers markets, about 50 restaurants statewide, and campus food services, and with the recent move, we’re increasing production and are working with a number of local distributors,” she noted.

John Waite, executive director of the FCCDC, said PVGrows offers an innovative, mission-driven way for community members to invest in their values by supporting and sustaining businesses that can make real changes to how food is grown, distributed, and purchased. “It takes the local movement to a whole new level. It’s beyond eating local — it’s investing locally.”

Good Idea, Naturally

To date, nearly 50 investors, including individuals, businesses, and foundations from New England and New York, have contributed a minimum investment of $1,000 to the fund, with interest paid annually, Busansky explained. These community investments are pooled together to provide the financing that farm and food entrepreneurs need to grow their businesses.

The fund grew out of existing FCCDC programs that provide technical assistance to local farms and food producers in the Valley, she added, noting that a need became evident for a funding source specifically aimed at benefiting these businesses.

Jennifer Ladd says supporting local food production brings cultural, economic, and even regional security benefits.

Three foundations have been important to the fund’s growth: the Solidago Foundation, the Lydia B. Stokes Foundation, and the Henry P. Kendall Foundation, which collectively established a loan-loss reserve. A community pool was then established, accepting investments of $1,000 to $10,000 with a five-year term and a very low interest rate.

“We felt it was important to add this community-investment piece,” Busansky said. “The whole idea was to make it a minimum $1,000 to invest, which doesn’t make it completely accessible to everyone, but it’s not only open to wealthy people, either. It democratizes capital.”

Larger investments come with longer terms and higher interest rates, with the idea that investors with a little more money could be willing to take on more risk, Busansky added. But so far, there hasn’t been much risk for investors.

“We have 25 well-performing businesses borrow from us so far, and we haven’t touched the loan-loss reserve — in part because we give a lot of technical assistance.”

Coffey described the loan process as easy to navigate, but that straightforward experience wasn’t the only thing that impressed her.

The recent three-year anniversary celebration featured food provided by many of the fund’s borrowers.

“I’ve got a background in bookkeeping, so I feel I had some skill sets that some people don’t,” she said. “But they were prepared to offer technical assistance, too, for people and startups and agricultural food businesses that need it. They are a very knowledgeable resource, and it was great getting things established right away.”

The FCCDC has been involved in small-business lending for close to 30 years and has plenty of expertise in providing guidance to young enterprises, Busansky noted, from business plans to websites. So she’s not surprised the PVGrows fund has found early success in its mission. “We have a system in place that’s worked well, and now we’re ready to seek the additional $1.25 million in commitments.”

Jennifer Ladd is one of those investors. “You don’t have too be a wealthy person to invest in Pioneer Valley Grows, which I think is a wonderful thing about it,” she told BusinessWest.

“Supporting agriculture in this Valley feels like contributing to a sense of vitality. It’s the same kind of feeling I get when supporting the arts — there’s creativity, growth, collaborations between people,” she went on. “And there are multiple layers of assurance that your money will actually have an impact and be of service.”

Ladd said the low interest rates for investors shouldn’t deter anyone because most people getting involved in this do so because they believe in the value of supporting local farm and food businesses.

“I enjoy cheese, fruits, vegetables, and wine around here, and I don’t mind not getting much of a financial return,” she said. “I’m choosing low interest because that serves people just starting out. These new endeavors need time to get their roots in the ground, so to speak, and this money can help them do that. It will yield benefits in many ways.”

Some of that benefit is cultural, she added, contributing to quality of life and a certain agricultural fabric of the region, as well as a sense of connection with people who thrive off the land and wind up feeding their neighbors.

“We don’t have huge farms here, like in the Midwest, with thousands of acres of corn. This is agriculture we actually do benefit from immediately,” Ladd said. “I also feel like it’s contributing to my sense of security; with climate change and the volatility we see in the world, it’s good to have food being produced locally. So it’s a sort of regional security that has a payoff right now.”

Green Thoughts

Food and farm businesses applying for financing and business support through the PV Grows Investment Fund are vetted for mission fit by a consortium of community-lending institutions and food and agriculture specialists, Busansky explained.

Terry and Susan Ragasa, owners of Sutter Meats in Northampton, were among the early borrowers. “From start-up funds to get us open to facilitating a business consultation to get us to the next level, the PVGrows Investment Fund has been an incredibly supportive asset for Sutter Meats,” Terry noted.

Coffey has had a similar experience, as she grows a business that takes agriculture and sustainability seriously. Her mushrooms are handcrafted in small batches, and her natural methods of production accelerate decomposition, build soil, and cycle nutrients — critical processes for healthy ecosystems, she explained.

In turn, she also appreciates the financial ecosystem being created through the PVGrows investors and borrowers. She said she ran into an old friend recently who had invested in the fund, around the same time Coffey became a borrower, and it struck her how PVGrows is essentially neighbors helping neighbors — and helping a critical part of the region’s economy succeed.

“Western Mass. has a phenomenal agricultural economy, not just the producing, but the processing, and the loan program helps add layers to it,” Coffey said. “We eat really well locally, but the funding and the technical aspects of setting up a business — and setting up a business well — is something that is often overlooked.”

As the fund expands, the hope is that Mycoterra won’t be the only agricultural business in the region that’s mushrooming.

Joseph Bednar can be reached at [email protected]

Country Bank Aims for a Google Feel in Its Headquarters

By Joseph Bednar September 3, 2018

Collaborative Culture

President Paul Scully

When Country Bank sought to overhaul its space on South Street in Ware a few years ago — a former mill building that houses about 110 employees — its leaders banked on what they call a collaborative culture, where low cubicles, glass walls, and comfortable, casual meeting spaces all aim to promote better communication and interaction, and a work environment that appeals to the young professionals that comprise the bank’s future.

Walking down the wide main hallway of Country Bank’s headquarters in Ware, you notice certain things. The central, glass-walled café. Conference spaces with names like ‘Integrity Room’ and ‘Prosperity Room,’ reflecting the bank’s values. The occasional beach ball.

Wait, what?

“Someone said to me, ‘what’s the deal with the beach balls?’” bank President Paul Scully said. “Well, we had them at a company event, and they ended up in the hallway. And when you’re walking down the hall and someone’s coming toward you and there’s a beach ball there, what do you do? You kick it.”

It can be an icebreaker of sorts, he went on, as the roughly 110 employees who work in the former mill building on South Street — almost half of the entire Country Bank organization — don’t necessarily all know each other. But it’s also, well, kind of fun.

“For people who visit, it’s unexpected,” said Shelley Regin, the bank’s senior vice president of Marketing, who estimated about 40 such balls reside somewhere in the building. “Normally, the hallway’s full of beach balls, but they make their ways into the offices, too.”

While fun to kick around, Scully said, the balls also promote interaction, a concept which was, frankly, the driving force in a recent, multi-year renovation of Country Bank’s main office. It’s the reason cubicles were lowered, solid walls were replaced by glass, and some of the gathering spaces feature couches rather than traditional chairs.

“When we moved in here 13 years ago, everyone had a cubicle as tall as me, and you couldn’t see one another,” he told BusinessWest. “That didn’t foster good collaboration. And there was no daylight because the work stations were so tall, they blocked the daylight.”

Scully had a catchy description of what the renovation aimed to reflect — “Google comes to Ware” — and explained why that type of culture is important.

One of the casual meeting spaces at Country Bank, is meant to spur creative thinking in an informal setting.

“We love the fact that we are in a mill town and that we’re a flourishing business here. But how can we attract the talent we need? We’re a $1.6 billion bank with 14 locations and growing — and we need to have Millennial talent to help move it forward. And they’re not going to want to hide in a cubicle and come out twice a day, for lunch and to leave. We said, ‘let’s really look at what is happening in workspaces that’s breeding collaboration and fun, and people just working together as a whole unit.’”

Like the low cubicles, the glass promotes more openness as well, Regin said.

“They put me behind glass walls so they can keep an eye on me,” Scully joked, before noting that his office used to be tucked away in a corner, as opposed to its current spot at the end of that main hallway. “You never went there unless you had to. It didn’t do anything for collaboration, nor did it allow me really to be a part of things. Now, right here, at my desk, this is the hub.

“We’re a $1.6 billion bank with 14 locations and growing — and we need to have Millennial talent to help move it forward. And they’re not going to want to hide in a cubicle and come out twice a day, for lunch and to leave.”

“The glass just opens everything up,” he went on, “and it supports the philosophy that we’re all equal components of the organization, and it’s not like you have to be behind a closed wall to do important things. We do have shades that come down. But if you put the shades down, everyone’s going to want to know what’s going on in Paul’s office, so you might as well just have them up and let them see.”

For this issue’s focus on banking and finance, BusinessWest paid a visit to Ware to learn how Country Bank is using its thoroughly 21st-century space — and several touches of fun that go well beyond the stray beach ball — to better position itself as an employer of choice at a time when competition is high for young talent.

Milling About

When Country Bank moved its headquarters in 2005 from Main Street to 44,000 square feet of former mill space on nearby South Street, it had options to relocate in another town, but the bank’s leaders felt it important to remain an economic engine in the community it had called home for more than 150 years.

“We looked at adding onto the main office, which was a Band-Aid approach, and then this fell in our lap,” Scully said of the former American Athletic Shoe plant, famous for its ice skates. “It was a very large employer, and had maintained the building meticulously. We have a lot of space here. You could easily say we could use half of it, but it works well for us; it allows us to have a big area for innovation and technology, and we have a whole education facility as well.”

The first renovation, to make the space suitable for bank operations, took place 13 years ago, and included those high cubicles and some decidedly unattractive color schemes and décor.

“Everything was kind of a pale yellow,” Scully said. “I started to walk around one Saturday and said, ‘this is awful. The color tones aren’t energizing. You can’t see anything. Let’s bulldoze it down and make it something where people are going to come in and say it’s is a really cool space.’

“It’s a great company, too, which is more important than being a cool space,” he was quick to add. “But you have to have those two together in order to really have it become a destination.”

As opposed to 2005, however, the latest renovation, which began around 2015, took place while people were working in the building — and often shifting around to accommodate the changes. “I moved five times in a year,” Regin said.

One of the casual meeting spaces at Country Bank, is meant to spur creative thinking in an informal setting.

“Really, the key piece was that group that moved into the first section that was done,” Scully recalled. “They were going to make it or break it for us, because if they said, ‘oh, it’s awful,’ we were doomed. Like anything else, when you say you’re going to change something, people immediately think of 1,000 reasons why it’s not going to work. It’s like Who Moved My Cheese? — ‘you’re throwing me off, you didn’t ask my input.’

But when that first group of employees settled in, they were more than satisfied. “Within the first week, they invited everybody in the building for brunch on a Friday because they were so excited about their space. We didn’t pay them for that. I think it spoke to just how much they loved it.”

The renovation stretched over two years because of the need to work around each department. In addition to the collaborative elements, the building also features a conference center with state-of-the-art multi-media equipment, an expansive IT space, and a number of small activity rooms. A gym was considered at one point, but Scully worried that it might turn into wasted space if interest waned, and besides, there’s a gym around the corner that Country didn’t want to siphon business from.

He had reservations about the central café as well, but that has proven to be a big hit. The fridge is stocked with fresh fruit all week, and Fridays feature a brunch with pastries or a yogurt bar. Then there are the Friday-morning games, like Hangman or Pictionary, that began with a few employees sneaking away from the brunch.

“We would all be hanging in the café, and one of the departments would go in a conference room and close the doors every Friday, and that wasn’t really working with me,” Scully recalled. When he found out they were using the short morning break to play games, however, “I said, ‘how about if you do that for everybody?’ They said, ‘really? We can do that?’”

Paul Scully says visitors are often surprised to see a bank based in an old mill building.

So now, employees get an e-mail telling them what that Friday’s game is, and anyone is welcome to join in. It’s as much a way to get people talking and collaborating as are the small meeting spaces decked out with couches.

“When you go into a conference room, so often people think there’s a protocol of behavior, in the way you interact with one another,” Scully said. “It’s different when you’re sitting on a couch, bouncing ideas around. That’s what we really wanted to do — have it so people can think in an innovative fashion and look at things totally differently.”

Have a Ball

If visitors and new employees are surprised by the culture being fostered inside the building, he added, the exterior can be unexpected, too.

“I had a gentleman come in last week, and I explained, ‘OK, we’re in a mill building. And you’re going to think, this can’t be it. But you’re in the right place.’ And he said to me, ‘Scully, you’ve explained to us your building before, but this is not the typical bank,’ and I said, ‘at many levels, we’re not the typical bank.’ And that’s fine with us.”

He recalled speaking with someone who had also renovated a mill some years ago. “When I explained about the beach balls, he said, ‘beach balls?’ I couldn’t decide at that time whether we had just lost his confidence in us as a bank or not. But that wasn’t the case at all. The next day, I Federal Expressed him a bunch of beach balls and got a text from him the following day saying, ‘where’s the pump?’ I have every reason to believe those beach balls are flying through the air at his office as well.”

Banking, admittedly, has a staid reputation, and it’s not necessarily a field young people get excited about, he noted. But it is an industry where the culture is changing, and banks with an ear toward what Millennials prefer — when it comes to collaboration, flexibility, and even fun — will have an edge in attracting them.

“We would all be hanging in the café, and one of the departments would go in a conference room and close the doors every Friday, and that wasn’t really working with me.”

“This isn’t about a space,” he said. “It’s about the present and the future. Clearly, my generation is the minority this building, which is great. The Scully generation can’t be the generation that dictates how we’re going to do business. We want to be able to attract young talent and then unleash them, and let them think about how to do things differently.”

In that sense, the physical space is critical, Regin said. And it’s working. “A few years ago, most of our people who worked here were very local — 20 minutes to a half-hour away — and now they’re coming an hour. When they come to this space and realize what Country Bank has to offer, they’re willing to travel that hour, or even longer.”

In a job market where banks have to compete for talent, she added, Country Bank has plenty to offer when it comes to culture. “When people walk in here and see there’s a collaborative atmosphere, that’s important. That’s what people are looking for, especially the Millennial segment — they want to be at a place where they feel valued and there’s room for growth. It’s a destination, not just a job, where they sit in their cube all day and don’t see anyone.”

Scully agreed. “It’s important to have a place where, if someone is comparing their options, hopefully they say, ‘hey we like the option of coming here.’”

Joseph Bednar can be reached at [email protected]

Freedom Credit Union to Merge with WSFCU

By Columnist September 3, 2018

Expanding the Footprint

Glenn Welch

Although many Freedom Credit Union members have ties to West Springfield, Glenn Welch said, the institution has never had a physical branch there.

But that will soon change, following the announcement that Freedom has agreed to a merger with West Springfield Federal Credit Union (WSFCU), bringing the West Side institution under the Freedom umbrella.

“This is a tremendous opportunity to extend our products and services to West Springfield, an area where we do not have a branch but where many of our members live and work,” said Welch, Freedom’s president and CEO. “We promise our members accessibility to us, whether it’s at a branch location or through mobile banking. This merger delivers on that promise.”

Freedom, which is headquartered in Springfield and serves members in the four counties of Western Mass. with 10 branches, was originally chartered as the Western Massachusetts Telephone Workers Credit Union in 1922 and renamed in 2004. It currently has $491 million in assets with 28,000 members who live, work, or attend school in Hampden, Hampshire, Franklin, or Berkshire county.

West Springfield Federal Credit Union, which was initially chartered in 1960 as the West Springfield Municipal Employees Credit Union before its name change in 2003, has nearly 3,000 members and more than $29 million in assets.

Welch noted that WSFCU members will have access to many new products and services, including member business lending, use of 55,000 surcharge-free ATMs across the worldwide Allpoint Network, and robust mobile-banking products and services. All employees of WSFCU will become part of the Freedom Credit Union family. The West Springfield Federal Credit Union location will remain open at 58 Union St. and conduct business as Freedom Credit Union.

“This is a tremendous opportunity to extend our products and services to West Springfield, an area where we do not have a branch but where many of our members live and work. We promise our members accessibility to us, whether it’s at a branch or through mobile banking.”

“The additional products, services, and opportunities available to both our members and the employees who serve them is a win-win proposition,” said Ann Manchino, manager of West Springfield Federal Credit Union. “We are excited for a new chapter in our history and to be part of the Freedom Credit Union family.”

The merger will require regulatory and member approvals, and is anticipated to be complete by the end of 2018.

Pending regulatory approval, Freedom Credit Union will have 11 total branches, including three offices in Springfield and locations in Feeding Hills, Ludlow, Chicopee, Easthampton, Northampton, Turners Falls, and Greenfield.

Credit unions are cooperative financial institutions owned by their members. As a not-for-profit organization, Welch noted, Freedom Credit Union returns its profits to its members in the form of high rates on deposit accounts, low rates on loans, and low or no fees for its services.

Income-tax Benefits from Charitable Contributions after the TCJA

By Columnist September 3, 2018

Giving Some Insight

By Terri Judycki

Terri Judycki, CPA, MST

The Tax Cuts and Jobs Act (TCJA) has resulted in many changes for taxpayers. One area in particular is charitable giving.

For those who regularly make charitable contributions, changing philanthropic giving habits may result in greater tax benefits. This article will explore various strategies for maximizing the tax benefit of charitable giving under the new law.

The TCJA increases the standard deduction to $12,000 for a single taxpayer and $24,000 for a married couple filing a joint tax return. In addition, the itemized deduction for taxes has been capped at $10,000 for all combined state and local tax payments. The Congressional Budget Office estimates that these changes will reduce the number of taxpayers who itemize deductions by more than half.

To maximize the benefit of the higher standard deduction, consider bunching charitable contributions in alternating years. For example, if a married couple with no mortgage ordinarily gives $12,000 to charity each year, they will likely take advantage of the $24,000 standard deduction ($12,000 to charity plus $10,000 in state and local states is less than the $24,000 standard deduction). If, instead, they give $24,000 every other year, they will use the $24,000 standard deduction in the ‘off’ year and $34,000 in itemized deductions in the year with the gifts ($24,000 charitable contributions plus $10,000 state and local taxes), resulting in lower taxable income without any increase in cash expenditures.

From the charity’s perspective, though, this could leave some budget challenges.

Another way to bunch deductions without bunching the charities’ income is through the use of a donor-advised fund (DAF). DAFs are funds controlled by 501(c)(3) organizations in which the person establishing the fund has advisory privileges as to the ultimate distribution to charities.

In our example above, the married couple might establish a DAF with $24,000 in one year and direct or ‘advise’ that donations be made to specific charities over time. Amounts used to establish the DAF are deductible charitable contributions when transferred to the sponsoring organization.

“For those who regularly make charitable contributions, changing philanthropic giving habits may result in greater tax benefits.”

Whether the idea of bunching appeals to you or not, don’t overlook the benefits of gifting appreciated stock to charity. The stock must have been held for more than a year to take advantage of this planning opportunity. The charitable deduction is the fair market value on the date gifted. Gifting the stock instead of cash avoids income tax on the appreciation.

For example, if a taxpayer wants to make a gift of $10,000 to a charity and sells stock worth $10,000 for which he paid $7,000, he would have a $10,000 deduction and $3,000 taxable gain. If, instead, he directs his broker to transfer the stock to the charity, he is still entitled to a $10,000 deduction, but does not report the $3,000 gain.

Finally, taxpayers age 70½ or older have another option available. An individual who is 70½ or older on the transfer date can direct the trustee of his IRA to distribute directly to a qualified public charity. The distribution is called a qualified charitable distribution (QCD). The amount transferred counts as a distribution for purposes of meeting the minimum distribution requirement but is not included in the taxpayer’s income.

There are a few requirements. The charity cannot be a private foundation or a donor-advised fund. No more than $100,000 can be donated by an account owner each year. The gift to the charity must be one that would have been entirely deductible if made from the taxpayer’s other assets — for example, the donor should obtain adequate substantiation from the charity, and the donation should not be one that entitles the donor to attend a dinner, play golf, or receive any other benefit.

In our example above, the couple who makes a QCD from IRAs for the $12,000 each year reduces taxable income by $12,000 and still uses the standard deduction.

Another possible advantage is the effect the reduction may have on other taxable items. Depending on the taxpayer’s total income, reducing adjusted gross income could result in reduction of the amount of Social Security benefits that are taxed, an allowed loss from certain real-estate rentals, or a reduction in the net investment income tax (if the amount of excess AGI exceeds the net investment income).

Reducing income may also result in lower Medicare premiums that are based on income for higher-income taxpayers. In addition, some states do not provide deductions for charitable donations, but do follow the federal treatment of excluding the QCD from income.

These changes may result in tax savings that could be used to make an even larger donation to a favorite charity.

Terri Judycki is a senior tax manager with the Holyoke-based public accounting firm Meyers Brothers Kalicka, P.C.; (413) 322-3510; [email protected]

Springfield’s Economy Continues to Outperform Hartford

By Joseph Bednar July 10, 2018

Tale of Two Cities

Connecticut has had its share of economic challenges in recent years, including a slow but steady outmigration of residents. Many might not be aware, however, of how stark the differences are between Connecticut and Massachusetts when it comes to long-term job recovery from the Great Recession — including Springfield’s relative strength when compared to Hartford. Farmington Bank’s economic adviser recently broke down the numbers, painting a picture that should be encouraging to those north of the border.

As an economic adviser for Farmington Bank, Don Klepper-Smith spends most of his analytical energy on Connecticut, but when he compares that state’s recent performance with its neighbor to the north, the numbers are stark.

“When we talk about Springfield and Hartford, I think the analogy ‘tale of two cities’ is appropriate,” Klepper-Smith said during a recent Farmington Bank webinar on the national and regional economy.

Since the low point of the Great Recession in 2009 — when unemployment spiked across the U.S. before the gradual recovery kicked in — the Greater Springfield area has created 32,000 new jobs, while Greater Hartford has created 37,000.

“So you’ve got close to 70,000 new jobs in the I-91 corridor between these two areas,” he noted. That’s all good. “But when we look at them in the context of our job-recovery rate, you can see Springfield is clearly outperforming Hartford — and looking a lot like the nation.”

The key takeaway is how much of the 2008-09 job losses have returned, he explained, and that’s where Springfield has really outpaced Hartford. While Hartford is now 4,200 jobs above full recovery — that is, above where the job picture stood in March 2008, before the economy collapsed — Springfield is 16,600 jobs above that line. To put it another way, Hartford has recovered 112.7% of its recession-era job losses, while Springfield has recovered 209.2%, gaining back its losses more than twice over. The national recovery figure, by the way, is 217.8%.

“When I think of Springfield, two words that come to mind are ‘stellar performance,’ with a job recovery rate that’s about twice that of Hartford,” Klepper-Smith said. “I think Hartford has its own challenges. We know the fiscal situation there has been tenuous, but I think economic-development policies are the reasons why Springfield is doing as well as it is.”

SEE: Financial Services and Brokerage Firms

That’s good news for Springfield, which has been on a hot streak of good economic news for some time now, with the MGM Springfield casino at the forefront of that. But the numbers also reflect an overall disconnect in the way Massachusetts and Connecticut have respectively recovered from the economic downturn of a decade ago — and it’s a striking gap.

Tale of Two States

It’s hard to believe, Klepper-Smith says, that the U.S. recovery from the trough of the recession is now nine years old.

“The average postwar recovery is five years, so we’re getting a little bit long in the tooth here, and we’re looking for what could go wrong and trying to keep a positive attitude as we move through the balance of the year,” he went on. “Looking at the tea leaves and looking at the fundamentals, I’d say there’s a two in three chance we go forward with positive but slower economic growth — in the 2% to 2.5% range.”

Don Klepper-Smith says economic-development policies have contributed to Springfield’s recent successes.

Yet, Connecticut continues to struggle — in fact, Hartford is among its strongest metropolitan areas in job growth, putting the rest of the state into stark relief. “State budget issues have undermined business confidence and promoted outmigration,” Klepper-Smith said, noting that the Nutmeg State has been shedding 428 people per week on average to other states.

“But as we go forward,” he said, “it boils down to consumers. Right now, what are consumers going to be doing for rest of 2018?”

Consumer confidence is rooted firmly in job creation, he was quick to note on more than one occasion. And Massachusetts job creation has been running circles around its southerly neighbor for much of the past decade.

Let’s go back to job-recovery rates, this time on the state level. Connecticut peaked at 1,713,000 jobs in March 2008, dropped to 1,594,000 by the following year — a 7% erosion — and has returned to a level of 1,687,000 jobs. That’s a recovery rate of just 78%, far below any other New England state.

“We seem to be stuck in this 80% range for job recovery, and right now we’re the only state in New England not to see full job recovery,” Klepper-Smith said of Connecticut. “I’ll be honest: I don’t see that number going above 100% any time soon. I don’t see robust job growth materializing any time soon.”

Massachusetts, in contrast, has been a model of recovery. From a 3,331,000 peak in 2008, the Bay State fell to 3,191,000 jobs at its 2009 trough — a 4.2% erosion — but now stands at 3,645,000, a whopping 322% recovery rate.

“In Connecticut, I’d have to use the word ‘lackluster’ for job recovery,” Klepper-Smith said, projecting that state likely won’t reach full recovery until 2020, several years after Massachusetts did so multiple times over.

The good news locally, he said, is that the Knowledge Corridor — the amorphous region stretching from Greater Hartford to Hampshire County — is doing well, even on the Connecticut side.

“We’ve got varying degrees of both strength and weakness. What we can say is the regional economy in the I-91 corridor is clearly performing well,” he noted, adding that the total non-farm job-growth rate is currently 0.8% in Hartford and 1.2% in Springfield, while the national figure is 1.6%. Again, Hartford pales in that comparison, but it’s behind only Danbury (1.0%) among Connecticut’s metro areas.

“I think the Connecticut economy seems to be moving sideways more than anything else, with pockets of both strength and weakness. We’re seeing signs of decelerating in many of the economic metrics we have,” Klepper-Smith said, noting that Connecticut’s gross state product ranks 49th nationally, ahead of only Louisiana.

“I’m hoping we can make some progress there as we move into 2019. We’re underperforming in job growth and income creation — and job growth will be what it’s all about. Jobs, jobs, jobs — they’re so important because of income, spending confidence, tax revenue, and all those linkages.”

National Picture

Nationally, Klepper-Smith said, the U.S. continues on a moderately positive path, growing at a seasonally adjusted annual rate of about 2.2%, though inflation — and rising costs of gas, healthcare, and home prices — are a concern.

“One of the things we can all agree on is that there are some pros and cons of living in an interconnected global economy,” he said. “And in economics, there are always tradeoffs; there’s never really a sense of clear winners and losers. Sometimes we have to wait and see how that all shakes out.

“But what we do know is what’s going on with the consumer sector,” he went on. “Consumers are so important to what’s going on because personal consumption accounts for roughly two-thirds of real gross domestic product.”

On one hand, he said, consumer-confidence measurables are strong — up 8% from last year and approaching 1990s levels, which is encouraging. But that trend could be tripped up by any number of factors.

“What we do know is that consumer fundamentals are being pressured, and risks to the current business expansion are becoming imperiled with rising energy prices, higher interest rates, and the expectation of higher healthcare costs heading into 2019. I think that’s a table setter for where we are, with the consumer feeling a little more squeezed and a little less comfortable compared to where we were back in March.”

Klepper-Smith expects the Fed to move with caution for the rest of the year. “We can now say the Fed sees rising inflationary pressures, and I honestly don’t feel they’re going to be aggressive on rate increases going forward. We’re probably not looking at more than two rate increases for the balance of 2018.”

If there’s one indicator to watch closely through the rest of the year, he said, it is, quite simply, how are consumers feeling? “One of the factors is the fact that the labor markets themselves have not shown meaningful progress. What that means is that we have not seen meaningful growth in consumer spending power.

“People ask me, ‘why doesn’t this feel like economic recovery the way I understood it in the past?’” he went on. “The answer is that we haven’t seen robust growth in consumer spending power.”

Back to Work

That comes down to jobs, of course, and Klepper-Smith admitted his dampened enthusiasm is mainly due to what he sees in Connecticut — which, again, puts Massachusetts in a very good light when it comes to its continuing recovery and expansion after the Great Recession.

“The good news is that we’ve seen job recovery in both regions, but I think that the problems that we have in Hartford are a bit more pronounced on the fiscal side, and I don’t think they’ll be going away any time soon,” he concluded.

It’s a sobering reflection of the myriad factors at play in creating an economic outlook — and a reminder that, even on the most challenging days in Massachusetts, things could be a lot worse.

Joseph Bednar can be reached at [email protected]

Tax-bill Provision Presents Challenges to Those in Healthcare

By BusinessWest Staff July 10, 2018

Take Caution with Section 199A

By Kristina Drzal Houghton, CPA, MST

Kristina Drzal Houghton

On Dec. 22, 2017, the Tax Cuts and Jobs Act was signed into law, bringing the biggest changes to both corporations and individuals in the past 30 years. Having spoken before groups of medical professionals on this issue, I have found that many believe limitations in the law will prohibit physicians from benefiting from these tax reductions.

This article will focus on medical practices and highlight some techniques available to benefit from the 20% deduction which might otherwise be limited. Additionally, there will be detailed examples of said techniques that will help to provide perspective and clarity to practice owners and shareholders on this very complicated tax issue.

Over the past few decades, many practices have been formed as pass-through entities. In contrast to C-corporations, income earned by a sole proprietorship, S-corporation, or partnership is subject to only a single level of tax. There is generally no tax at the entity level; instead, owners of these businesses report their share of the business’ income directly on their tax return and pay the corresponding tax at ordinary rates.

The Tax Cuts and Jobs Act, signed into law this past December, reduced the top rate on ordinary income of individuals from 39.6% to 37%, and Section 199A further reduced the effective top rate on qualified business income earned by owners of sole proprietorships, S-corporations, and partnerships to 29.6%. Section 199A allows taxpayers other than corporations a deduction of 20% of qualified business income (QBI) earned in a qualified trade or business, subject to certain limitations.

Business owners below the applicable threshold amount — which is $157,500 of taxable income for all filers except joint filers, and $315,000 for those filing jointly —— can enjoy a QBI deduction for the lesser of 20% of their qualified business income or 20% of their taxable income. It does not matter what type of business is generating the income, nor is there a need to analyze W-2 wages paid by the business or depreciable assets owned by the business. The QBI deduction is what it is.

Business owners over their applicable threshold who derive their income from a business that is not a specialized trade or service business may also have their QBI deduction at least partially phased out, but the full deduction may be ‘saved’ based on how much they pay in W-2 wages and/or how much depreciable property they have in the business.

Business owners over their applicable threshold who derive their income from a ‘specified service’ business — which includes doctors, lawyers, CPAs, financial advisors, athletes, musicians, and any business in which the principal asset of the business is the skill or reputation of one or more of its employees — will have their QBI deduction phased out.

The phaseout range is $50,000 for all filers except joint filers, and $100,000 for those filing jointly. Once a business owner’s taxable income exceeds the upper range of their phase-out threshold ($207,500 for individuals and $415,000 for married filing jointly), they cannot claim a QBI deduction for income generated from a specialized trade or service business.

Examine your practice to determine if all your income is from a specified trade or business. A careful analysis of your practice could identify that it consists of multiple different trades or businesses. For example, an orthopedic practice might sell medical equipment. Breaking this portion of the practice off into its own LLC will decrease the specified service trade or business income and could potentially qualify for a QBI deduction with proper planning.

Shifting Business-owned Real Estate to New Entities and Paying Rent

Many practices own the real estate out of which they operate. If this is the case for a higher-earning business owner, there is an obvious way of converting some of the specified service-business income into income from a business that may qualify for a QBI deduction. In short, the business owner can create a new entity, transfer the real estate into that entity — provided the transfer is not tax prohibitive — and then lease that real estate back to the original business.

The original business’s profits, which are not eligible for the QBI deduction (assuming the business owner’s taxable income exceeds their applicable threshold), will decrease, and profits can be shifted to the new real-estate company, which could potentially qualify for at least a partial QBI deduction.

Example: John is a dentist and is the sole owner of an oral-surgery practice organized as an LLC. His income from the practice — which falls under the specified service business umbrella — is $900,000 per year. Thus, John is currently ineligible for any QBI deduction. Several years ago, the LLC purchased the medical offices out of which the practice operates for $2 million. The upkeep on the office space, the depreciation on the property, and other expenses currently reduce the net profit of the LLC by about $100,000 per year, but the property provides little else in the way of tax benefit for John.

One option to consider in a case like this would be to spin off the medical office building into a separate LLC, or other business structure, and have the dental practice rent space in the building. Those rent payments would be deductible for the medical practice, and taxable income for the new business … except the profit in the new business may be eligible for the QBI deduction.

For instance, suppose that, after spinning the medical office off into its own entity, the dental practice leases the office space at the rate of $220,000 per year. The net result of such a transaction would be reducing the dental practice’s net income $120,000 ($220,000 rental expense minus $100,000 prior expenses ‘lost’ = $120,000). The real-estate entity, on the other hand, would now have a profit of $120,000 — a net shift of zero — but the real estate’s income could qualify for the QBI deduction. Thus, the result is an equivalent amount of business income, but a $24,000 QBI deduction for John on his personal return that, at his tax rate, would save him nearly $9,000 in federal income taxes annually.

Shifting Other Business-owned Assets to Other Entities and Leasing Them Back

For some business owners, there’s the potential to continue to push the boundary even further on shifting depreciable property out of a business, and then leasing it back to the original business entity.

Example: Continuing the earlier example of John and the dental practice above, suppose the practice also owns X-ray machines and a variety of other depreciable medical equipment as well, with an unadjusted basis of $750,000. This equipment could be spun off into yet another business, and the dental practice could lease back the equipment.

The mechanics and potential tax benefits of this move are essentially the same as when real estate is moved into a separate entity. When it comes to the QBI deduction, depreciable business property is depreciable business property. The 2.5% limitation is not impacted by the type of depreciable property or the length of time over which it will be depreciated.

Of course, the limitation to this strategy is that not all small businesses have substantial (or much, or any) depreciable property to spin off into other entities in the first place … and at some point, any and all depreciable property that could be spun off will have been. So that’s it, right? Maybe not.

If You Can’t Lease Equipment, Lease People with an Employee-leasing Company

Many specified service businesses are labor intensive but may not necessarily require a great deal of depreciable property. Anesthesia and radiology practices are both good examples of this. Outside of some office furniture and some computers, these businesses can generate substantial profits without ever owning any significant amount of depreciable property since they operate out of hospital-owned facilities. They do, however, often employ a great number of people, and spend substantial amounts on human capital.

To that end, the language in Section 199A leaves the door open to the possibility of creating an employee-leasing company and leasing back one’s employees from that company. Some practitioners believe this to be a gaping hole in the rules, while other practitioners are a little more cautious at this time. Even on the conservative side, the billing and administrative employees could defensibly be split off into a separate LLC if it can be demonstrated that it is not a specified trade or business because it is not dependent on the skill or reputation of one or more of its employees.

Notwithstanding the benefits of the above strategy, some caution is merited. Tax advisers are understandably eager for answers, but unfortunately, Section 199A is just one small piece of the most significant overhaul of the tax law in 31 years. The IRS is now charged with the herculean task of providing guidance for a host of new and changed statutory provisions, and, as a result, it may be some time before tax advisers have certainty related to some of the strategies posed in this article.

Until that guidance arrives, Section 199A will best be approached cautiously, particularly considering the potential substantial-understatement penalty that comes with claiming a deduction under this provision.

Kristina Drzal Houghton, CPA, MST is a partner with the Holyoke-based accounting firm Meyers Brothers Kalicka, P.C. and director of the firm’s Taxation Division; [email protected]

Credit Unions Continue to Promote Their Structure, Culture

By BusinessWest Staff May 15, 2018

Members Only

Katherine Hutchinson says members expect a credit union to be attuned to their needs.

Although myths persist about what credit unions are, their leaders are cheered by statistics showing that 43% of Massachusetts residents belong to one. But they know members aren’t satisfied with mere messaging; they want the high-tech tools available at larger banks, melded with a culture of personal service. It’s a challenge they say they work hard to meet.

Michael Ostrowski has made a career in credit-union leadership, and the numbers startled even him.

Specifically, it’s the statistic that 43% of the population of Massachusetts is a credit-union member, compared to about 33% nationally.

“That’s huge. I was surprised by that,” said Ostrowski, president and CEO of Arrha Credit Union. But after considering it, he wondered why that 43% figure should be a shock at all. “I’m surprised more people don’t take advantage of credit unions, from the fees and everything right down the line. We are typically a better deal, and you don’t see any of these credit unions in the newspaper like a Wells Fargo.”

By that, he meant the financial turmoil that many national banks brought upon themselves at the start of the Great Recession — a crisis that actually led to marketing opportunities for credit unions, said Katherine Hutchinson, president and CEO of UMassFive College Federal Credit Union.

“We did see growth throughout the recession,” she told BusinessWest. “We wanted to make sure we were not letting our members down by not lending through that period, but we were also very conscientious about how we were spending our money — all the things good financial institutions do to protect the interests of their shareholders and, in our case, our members. That’s really important to us, and I think it was a time where people were taking a second look and saw credit unions as alternatives.”

The lobby walls at UMassFive’s Hadley headquarters are adorned with messaging touting the member-centric (don’t call them customers) philosophy of credit unions, and, “believe me, we try very hard to follow the philosophy,” Hutchinson went on. “I’ve been at the credit union for 42 years — I’ve kind of grown up in the industry. When I started, we were very focused on the member, and I’ve tried to convey that and live that philosophy as we grew bigger.”

SEE: List of Area Credit Unions

Credit unions are financial institutions that look and feel like a bank in the products and service they offer, she explained, but the difference is their structure as cooperatives.

“Because of a credit union’s non-for-profit status, consumers do expect better rates and lower fees, and I think that’s what they experience,” she said. “But they also want us to be focused on what they need, on how we can help them personally — to listen to their story, hear about why they’re in a certain situation, and what would really help them.”

Glenn Welch says local leadership means credit unions can respond to members’ concerns quickly.

Glenn Welch, president and CEO of Freedom Credit Union, said member ownership of the institution is important to those who do business there. “Whether you have $5 in your account of $500,000, it’s one member, one vote,” he said, adding that members of his board of directors must hail from the four western counties. “The board is local, so members know we can make decisions and resolve situations quickly.”

Resolving situations, and writing more success stories, is a point of pride for UMassFive, Hutchinson noted. “I think it’s important that we hear those stories and share those stories to encourage our employees to listen to the members and find ways to help. The stories are important.”

Numbers Don’t Lie

The story for credit unions has been positive in recent years, Ostrowski said, pointing to statistics like a capital-to-assets ratio of 10.4%, on average, for credit unions in Massachusetts. “Over 7 is well-capitalized — we’re over 10. That shows strength in the credit-union industry.”

Meanwhile, the 167 credit unions in Massachusetts employ 6,158 people full-time and another 908 part-time, and boast more than 2.9 million members — again, about 43% of all residents.

Still, myths persist about credit unions, Welch said, sharing four common ones identified by the Credit Union National Assoc.

The first myth: “I can’t join.” CUNA points out that many Americans believe they are ineligible to join a credit union, but membership eligibility today is typically based on geography, he noted. Membership at Freedom Credit Union, for example, is available to anyone who lives, works, or attends college in Hampden, Hampshire, Franklin, or Berkshire counties.

The second myth: “accessing my money may be hard.” Not true, Welch said, noting that, along with boasting a mobile application for online banking, many credit unions, including Freedom, have joined the Allpoint Network, allowing members surcharge-free ATM access at more than 55,000 retail locations worldwide.

The third myth: “they’re too small.” Rather, he noted, credit unions provide the same security and protection of a larger financial institution, but is accountable to members, rather than shareholders. “This means every customer is treated as an individual, not a number, enjoying personalized service and customized products.”

The final myth: “they’re primarily for those in need.” Based on generational notions, Welch explained, some may believe credit unions mainly serve low-income consumers. In truth, he added, they serve every population, as well as every size and type of business.

Essentially, he told BusinessWest, the CUNA survey demonstrated that many people don’t understand what membership means and how to go about applying to be a member.

“Several things came up; one was that they didn’t feel that credit unions can offer them the level of technology and products of banking institutions. But we had a good year in 2017 and approached the board with quite a few investment upgrades,” he noted, expanding the tasks that can be done online, like electronically signing for loans.

“People don’t want to set foot in a bank or credit union lobby unless they have to,” he continued. “We have the same products available at bigger banks, but at a local level.”

Ostrowski agreed that credit-union members appreciate the institution’s purpose and philosophy, but also demand current technology. In fact, Arrha is in the process of upgrading all its systems to improve electronic communication and its mobile banking platforms.

“I think the credit unions are still filling that void of the banks that had their roots in the small towns, and that really hasn’t changed,” he said. “But I think it’s important that people realize that we have the same systems all the big banks have, and we have the same cybersecurity functionality they do. Clearly, from a systems standpoint, we can compete very well with them.”

Michael Ostrowski says credit-union members expect the same high-tech products they can find at large banks.

Likewise, Hutchinson noted that the area colleges the credit union was built upon still form its core membership group, but it wouldn’t have grown beyond that without a recognition in the region of the credit-union philosophy — and without a commitment on the institution’s side to stay atop trends in products and services and continually invest in technology. “That is important to growth and our sustainability, so we’re proud of that.”

Loan Stars

Ostrowski said messages like this — and a vibrant economy — have helped Arrha grow steadily in recent years, with deposits up, loan delinquency down, and investments in technology helping to attract new members.

Meanwhile, Welch noted that the competitive interest rates Freedom pays on savings accounts and charges for loans have both attracted new business. All that led to growth in 2017 in return on assets and total loans, as well as hiring a second commercial lender and a credit manager, focusing on individuals and small businesses.

“Typically, we don’t lend more than $3.5 million or $4.5 million, although we could, based on capital,” he noted.

But the credit-union presidents BusinessWest spoke with all noted that the model’s philosophy doesn’t stop at dollars and cents, but extends to a robust community outreach, often in the form of educational seminars.

“That goes to the concept of people helping people,” Welch said. “We find, when we’re not able to help someone, it’s usually a credit issue, and often, they haven’t been educated on the value of credit. So we participate with other banking institutions in Credit for Life fairs, reaching out to students when they’re still in high school to talk about good and bad credit, and what that means when they try to buy a car, rent an apartment, or get a credit card.”

Hutchinson said her board believes community education is important to UMassFive’s mission. “So many people need that kind of assistance. It ties back into what is best for our members — educating them on how to make decisions.

“Financial literacy is key,” she went on. “We try to have a variety of topics, from understanding your credit score to budgeting to preparing for retirement and first-time homebuying. We also work with UMass, doing some seminars for students on student debt.”

Ostrowski noted that even recent college graduates don’t understand their credit score and the impact it can have, while others take advantage of a credit-card offer in the mail and quickly wind up thousands of dollars in debt without thinking about the consequences. “All our programs in financial literacy are drivers that we make no money on — they are absolutely out of love of our members and to protect them.”

The credit-union culture runs deep in Massachusetts, the state where such institutions were first chartered way back in 1909, Ostrowski explained. State partnerships are still critical, he added, noting that Gov. Charlie Baker has backed an effort by the state’s credit unions, called CU Senior Safeguard, to fight elder financial abuse and fraud. All frontline credit-union staffers are participating in the program, while a statewide effort is targeting consumers with information about how elders are defrauded — a problem that costs some $10 billion every year nationally.

“I’ve heard wild stories about members getting ripped off by contractors,” he said, or individuals who were ready to send money to an unknown e-mailer on the promise of more in return. “I’ve literally had to argue with individuals not to send their money away.”

Better, he said, to deposit it with a credit union — and join that 43% number that, in an age of constant mergers and acquisitions among area banks, only continues to grow.

Joseph Bednar can be reached at [email protected]

Team Forwards Plans for Another New Bank in the Region

By BusinessWest Staff May 15, 2018

Addition by Addition

While there are plenty of banks doing business in this region, Jeff Sullivan says, there is an opportunity for a new one that is based locally.

Jeff Sullivan has spent more than 30 years working in and around the region’s banking community, most recently as chief operating officer for United Bank.

So he understands fully when people use that term ‘overbanked’ to describe this area. In fact, he’s used that word himself over the years as he’s watched branches proliferate in a host of area communities.

But over the past few years as he’s done consulting work for the industry after leaving United following its merger with Connecticut-based Rockville Bank, Sullivan says he’s come to understand that just because there are branches on almost every corner in some cities and towns, that doesn’t mean the region’s population — and especially certain segments of it — are adequately served.

“There’s plenty of good local banks around,” he told BusinessWest. “But there is opportunity, because the largest financial institution based in the city of Springfield now is a credit union. So there is opportunity for a Springfield-based institution with local decision making.

“I was getting asked by a lot of people — individuals I would just bump into on the street or in the supermarket — ‘can you send me to a good lender?’ or ‘can you give me a good bank to go to?’ or ‘are you going back to work? I need to make a switch,’ he went on. “After that happened 10 or 12 times in a relatively short period of time, I began to think there was room for a new bank.”

And these sentiments, grounded in what Sullivan considers more scientific analysis and sound due diligence, has led him to partner with attorney Frank Fitzgerald and Jim Garvey, owner of St. James Check Cashing, to begin the process of adding a new bank to the landscape.

It will be called New Valley Bank & Trust, the partners announced late last week, adding that the team is now seeking approval from the Federal Deposit Insurance Corp. (FDIC) to form the new institution before launching a capital raise aimed at amassing $25 million to $30 million.

This will be the first new bank launched in the area since NUVO Bank (since acquired by Community Bank) opened in 2008. New Valley Bank & Trust almost certainly will open in better economic conditions — NUVO had the misfortune of launching just as the country was heading into the Great Recession — and it will have a different model, said Sullivan.

Indeed, while NUVO was focused on a mostly digital banking model — it has just one branch, in downtown Springfield — New Valley will have slightly more of a brick-and-mortar foundation, he explained.

It will be headquartered in downtown Springfield and will start with a full-service branch somewhere in the city (the location has not been determined) and a second location on the west side of the Connecticut River (again, that community has not been chosen) within a year after opening.

New Valley, like most banks now doing business in this region, will offer a full range of business and retail banking services for residents and small to medium-sized businesses in Massachusetts and Northern Conn.

Like NUVO, though, this proposed new institution will focus considerable energy on commercial lending, said Sullivan, who has spent most of his career in that realm. Despite stern competition in the commercial market and a huge number of established players, he sees room for opportunity.

That opportunity — on both the commercial and residential sides of the ledger — results from the spate of mergers and acquisitions in recent years, he told BusinessWest, an ongoing development that has decreased the population of community banks and, as he noted, left Springfield without a bank headquartered within its boundaries.

“With fewer local banks servicing the region, we have heard from countless residents and small to medium-sized business owners that are looking for a level of customer service and credit that is simply not available in the market today,” Sullivan said in a press release announcing formation of New Valley. “Our focus will be on meeting this demand with personalized attention and cutting-edge technology that will shorten wait times for funding decisions and opening accounts.”

On the commercial side, the bank will focus on smaller loans and quick turn-around times, said Sullivan, adding that the mergers in recent years have created opportunities to meet a specific niche.

“We have a lot of good banks around here, but they’ve grown to a larger size,” he explained. “And they’re focusing on larger deals than they probably did 10 years ago. I think there’s a real opening for personal service being delivered to small businesses.”

But another point of emphasis for New Valley will be what Sullivan described as a still-large population of area households that are “unbanked and underbanked.”

Elaborating, he said research continues to show that the volume of business at check-cashing establishments has remained fairly stable — and comparatively high — in this region, despite considerable improvement in the economy over the past decade.

Sullivan and his partners estimate there are some 20,000 households in Hampden County alone that use a bank sparingly, if at all, and in these numbers, he sees more opportunity in the form of need for a new bank.

“These are working women and men whose barrier to entry into the banking system has been too high for too long,” her went on. “As a local bank, we want to find opportunities to serve this significant segment of our community and create lifelong customers in the process.”

Elaborating, Sullivan noted that, in many cases, individuals or households don’t use banks because of a lack of trust or because of a bad experience — or several.

“The biggest reason, the FDIC says, is lack of trust,” he explained. “They don’t trust the system. People have had bad experiences; they got kicked when they were down, and it’s led to a lack of trust.”

In response, New Valley will offer products and services designed to build trust, he went on, such as bounce-proof checking accounts, incentivized savings accounts, and financial-literacy programs.

Sullivan said the need for a new, locally based, bank can be verified by the makeup of the 60 founding sponsors — what he described as a “large and diverse group of business owners and entrepreneurs from throughout the region — and the enthusiasm shown for the concept, especially among young business owners.

That’s significant, he said, because they will have to be the backbone of the customer base moving forward.

“We decided that, if we were going to do this, it has to be about a younger generation of business cohort,” he explained. “So we needed to know if the Millennials and the Gen-Ys care enough about this kind of stuff.

“We had a series of focus groups — we put about 100 people in a room, 20 people at a time, and we pitched them on what we were trying to do,” he went on. “About 60 people wrote checks to give us the seed money to get started, and of those 60, close to half of them were people under the age of 45. We were pleasantly surprised by that, and based on that response, we decided to take things to the next level, which is where we are today.”

—George O’Brien

Monson Savings Continues to Prove a Small Bank Can Thrive

By BusinessWest Staff March 6, 2018

Happy Returns

Since taking over as president of Monson Savings Bank seven years ago, Steven Lowell has overseen an impressive growth pattern, including striking success in commercial lending and ever-rising assets. He credits that success to a number of factors, from a willingness to embrace technology to a customer-focused culture to an emphasis on financial literacy aimed at making sure the customers of tomorrow are well-positioned to share in the bank’s success.

Five years ago, Monson Savings Bank opened its fourth branch in Ware, to go along with offices in Monson, Wilbraham, and Hampden.

And that’s where the branch total stands today: Four. Which would be a meager haul in one of the big-bank acquisitions that have become so commonplace.

So why is MSB growing at such a healthy rate? President Steven Lowell has a few ideas.

“A lot of people are saying that small banks can’t survive, that they need to be bigger, they need to merge. And we’ve seen some of that. But Monson Savings Bank isn’t just surviving; it’s thriving,” Lowell said, noting that the institution has grown by 7% to 8% every year since he took the reins seven years ago.

“That’s a strong number,” he added, noting that the bank’s assets have risen from $230 million seven years ago to $365 million today.

“People think a bank needs a certain asset size to afford the expenses that every bank has at this point in time,” Lowell said, specifically citing increased regulatory and compliance demands in an industry that’s increasingly heavily regulated. “But we haven’t merged with anyone or had anyone merge into us; we’ve been successful in attracting new customers and developing new relationships.”

We’re performing better than many billion-dollar banks are. We’re living proof that small banks can do it, and do it well.”

He noted that MSB’s return on assets, or ROA — which measures a bank’s profits in relation to its overall resources — was 0.6 last year, while Massachusetts-based banks in MSB’s asset class — $250 million to $500 million — recorded an average ROA of 0.27. Meanwhile, banks in the $500 to $1 billion range averaged an ROA of 0.53 last year, and banks with more than $1 billion in assets averaged 0.72.

“We’re performing better than many billion-dollar banks are,” at least by the ROA metric, Lowell noted. “We’re living proof that small banks can do it, and do it well.”

A few different factors account for that success, he told BusinessWest. First was the determination made several years ago that the strongest market for the bank is commercial lending, and since then, commercial loans have risen from 40% of the total portfolio to around 65%.

“That’s been a significant driver for us,” he said. “We focus on what we do well; we don’t try to be everything for everyone. At our size, we can’t do that. But we know we’re good at commercial lending — and residential lending — and good at providing high-touch customer service. Everything we do goes back to, ‘is this good for the customer?’ We want to make sure we don’t lose that closeness with the customer.”

With all the mergers that have taken place in recent years, he suggested, business owners are looking for a banking partner they know is going to be around, and don’t like it when their loan officer keeps switching.

“We’ve been the beneficiary of a lot of these mergers,” he went on. “And we’ve developed a reputation as a bank that’s easy to do business with. We’re up front with customers and try to be as fast and efficient as we can, and that reputation starts to get around. Now we’re getting phone calls: ‘I was talking to so-and-so, and he raved about you guys, that you’re easy to do business with.’ That reputation is very important to us and has helped us spread our reach much farther.”

SEE: Banks in Western Mass.

He also praised his team, which hasn’t necessarily grown larger — technology has created efficiencies for all banks, and, as noted earlier, MSB’s branch count is only four — but the team is peppered with long-timers who understand the customer-focused culture, a culture Lowell expects to continue to build more organic growth.

Early Adopters

Speaking of technology, MSB has consistently been an early adopter of innovations that make customers’ lives easier, from mobile banking to remote check capture. “We’re not large enough to be an innovator — we can’t be creating new software — but we’ve been right there, so as soon as a product is proven, we’ve adopted it successfully,” Lowell explained.

Some recent products speak to that success. Mobile check deposit allows far-flung cutomers to make deposits from home or anywhere else, on weekdays or weekends.

“Not only our retail customers, but our commercial customers are very comfortable not having a branch within five miles,” he noted, adding that these capabilities have allowed customers — such as a landscaping company on Cape Cod — to access services without needing a physical branch.

“We’re not marketing ourselves on Cape Cod or in the Boston area,” he noted, “but if someone has ties to Western Mass. and wants to do business in one of these areas, we can accommodate them, and they love that.”

Steve Lowell says customers appreciate MSB’s stability at a time when many other small banks have merged or been acquired.

Another recent product, the CardValet mobile app, gives users complete control of their debit card, so they can essentially shut it off between uses, or if it goes missing. “There’s so much fraud in the world, and cybersecurity is a big concern,” Lowell said. “This is a great product, and we don’t charge for it; I think it’s going to be big.”

A new loan product marries the bank’s well-known financial-responsibility messaging by marrying a deposit account and a secured loan, the latter of which is deposited into an account accessible only when the loan is paid off. “From the bank’s standpoint, there’s no credit risk, and the customer is building credit, whether it’s for a down payment on a car or a first month’s security deposit. It’s a good product for people who are just starting out or running into issues trying to re-establish good credit.”

It slots well into MSB’s continued focus on financial literacy, which ranges from its Dollars & Sense program in elementary schools to workshops for college students and community members. A survey conducted by the National Foundation for Credit Counseling shows that 40% of the public would grade themselves a C or worse when it comes to their financial literacy, and that lack of knowledge can lead to poor financial planning and hurdles when it comes time to seek a loan.

“Financial literacy is really important to us,” Lowell said. “Day in and day out, our staff see people they have to turn down for mortgage loans, and they don’t like doing that; it’s not a fun part of the job.”

With that in mind, he went on “we’ve come up with ways to talk to people and help them improve their financial lives, whether it’s how important it is to build credit or how not to get in trouble with credit-card debt, or the importance of saving for retirement and contributing the most you possibly can to your 401(k), and paying yourself before paying others.”

Lowell feels like today’s parents, for whatever reason, don’t like talking about these matters with their kids, and when the kids grow up, they haven’t developed a comfort level, and may be at the mercy of predatory credit companies that aren’t looking out for their best interest. “It’s important for us to be talking about that so they know how to manage money and get into a good place.”

That Monson Savings Bank puts resources into these educational programs says a lot about its desire to be a complete community resource in the towns it serves, and to continue adding products and services that customers want.

“I believe one of our strengths, because of our size, is that we can be really nimble,” he said. “We’re able to come up with new initiatives and new products a lot quicker than some of the bigger banks. We don’t have quite the amount of red tape most banks have to deal with.”

One example, he noted, is MSB’s newest initiative, a foray into municipal banking. Since appointing an officer to lead that effort six months ago, the bank has posted $10 million in municipal deposits. “That decision was made because somebody very good became available, and we saw it as a growth opportunity that presented itself, and we didn’t want to lose that opportunity.”

Giving Back

Monson Savings Bank has invested in the community in other ways as well, most notably through annual donations to various nonprofits, which totaled more than $130,000 last year.

The year Lowell arrived, MSB launched an initiative to ask the public for help in selecting some of the nonprofits that would receive funding. The bank solicits nominations on Facebook and through other outlets, and the top 10 vote getters receive donations. More than 300 organizations received votes last year, and the top 10 were given grants between $750 and $2,000.

“People get really excited about it,” he said. “And I think community philanthropy is really good for business, and that has helped us be successful. We sponsor sports teams, we’re involved in most of the school systems, giving them money for various programs, we give some scholarships … people appreciate that.”

They also appreciate efforts by bank leadership to be accessible, he went on.

“We send a newsletter to all our customers, and my e-mail is on that newsletter. I give out my direct phone number to customers all the time. I’ve even given out my mobile number on the weekend. I think the accessible reputation of the bank is very important to our commercial customers in particular.”

Lowell said an emphasis on accessibility extends to the employees as well.

“Sometimes the people with the best ideas are the people on the front lines, so I’m talking to them, but I’m also asking what the customers are saying,” he told BusinessWest. “When a customer takes the time to send me an e-mail or give me a call because he’s not happy with us, that’s important for me to hear. Some of the best ideas come from a customer saying, ‘you guys did this, and I didn’t like it,’ and we’ve ended up changing it.

“I’ve had really good input from customers who were unhappy or felt we fell a little short,” he went on. “I’m convinced that’s how you get better. We’re in a competitive environment, so if you’re not getting better all the time, you’re losing ground — and we can’t afford to lose ground.”

Joseph Bednar can be reached at [email protected]

There Are Some New Rules — and Situations — to Be Avoided

By BusinessWest Staff March 6, 2018

The Tax Cuts and Jobs Act

By Sean Wandrei

Sean Wandrei

In December 2017, Congress passed H.R.1, better known as the Tax Cuts and Jobs Act. The act is the largest overhaul of the tax code since 1986. As with any new legislation, there are opportunities and pitfalls that one needs to be aware of when trying to take advantage of the new rules and avoid unwanted situations.

There are still many questions related to the act that the IRS will need to issue guidance on. There is a lot to unpack here, so let’s take a look at some items that businesses and individuals should be aware of.

The act reduces the corporate tax rate to a flat tax rate of 21%. This means the first dollar of taxable income is taxed at a 21% rate. This reduction could cause many owners of non-taxpaying entities (e.g. partnerships, limited liability companies, and S-corporations, also known as pass-through entities) to consider switching to a taxpaying entity (i.e. C-corporation). The maximum tax rate that the income of a pass-through entity could be taxed at is 37%.

Business owners could decide that their business should convert from a pass-through entity to a C-corporation based on this. While the reduction of the tax rate sounds great, there could be some issues that could increase the overall tax due if the entity is a C-corporation. If the owner(s) want to take money out of the C-corporation in the form of dividends, it will have to pay taxes on the dividends from the C-corporation at a maximum rate of 23.8% (20% tax on the dividend plus 3.8% net investment-income tax).

This is known as double taxation, which impacts only C-corporations and not pass-through entities. This could reduce or eliminate the overall tax savings of converting the entity to a C-corporation.

While taxes paid are usually a major factor on entity selection, there are some non-tax items to consider. Owners of C-corporations can receive tax-free employee benefits that pass-through entities are not entitled to. Another tax-savings option that was available prior to the act is the exclusions of the gain on the sale of qualified small-business stock (QSBS) under Code Section 1202. This provision was amended in 2010, allowing QSBS acquired after Sept. 27, 2010 to be eligible to exclude the total gain on the sale. There are a few rules that have to be met to allow for the 100% exclusion. Section 1202 is available only for C-corporations. This means that, when the owner decides to sell his or her stock, the gain from the sale of that stock would be tax-free. The reduced tax rate and non-tax benefits could make C-corporations more attractive to some.

C-corporations are not the only business entities that received a tax break from the act. Pass-through entities are able to take a deduction of 20% on the qualified business income (QBI) earned from the business. Individuals who are sole proprietor and file a Schedule C and individuals with rental activity reported on Schedule E also qualify for this deduction.

On the surface, this deduction seems to be straightforward, but there is a lot to this deduction. Not all businesses qualify, and the deduction could be limited. QBI can be thought of as ordinary income from the business. The catch is that the deduction is limited to the lesser of 20% of QBI or 50% of the total W-2 wages paid by the business. So wages need to be paid to be able to take this deduction.

The 50% of W-2 wages does not apply if the owner’s taxable income is below $315,000 for married filing jointly (MFJ) and $157,500 for other taxpayers. This deduction may not be available to a specified service trade or business (SSTB). A SSTB is a business involving service in many fields, including law, accounting, consulting, and financial services. Engineers and architects were excluded from the definition of SSTB in a last-minute change. If the owner’s taxable income is below $315,000 for MFJ and $157,500 for other taxpayers, the SSTB limitation does not apply.

The planning that comes into play for this deduction is based on the entity type. QBI does not include reasonable compensation paid by an S-corporation to the owner(s). Similarly, QBI does not include amounts paid as guaranteed payments by a partnership to the owner(s).

Based on this, if the pass-through entity is an S-corporation, reasonable wages are going to be deducted from the QBI, which will reduce QBI and the deduction. A partnership and sole proprietor are not required to take guaranteed payments, so the QBI could be larger for a partnership than an S-corporation based on this. If the taxable income is below the limits mentioned above, the 50% of W-2 wages option does not come into play, and the larger deduction will be had by the partnership and sole proprietor.

If the 50% of W-2 wages comes into play, then the S-corporation will have to pay W-2 wages, and the partnership will have to pay guaranteed payments to owners or wages to non-owners to be able to take this deduction. With this in mind, the owner’s taxable income will need to be monitored.

For individuals, the elimination of exemptions and the doubling of the standard deduction will cause more taxpayers to take the standard deduction instead of itemizing. It is said that only 10% of the population will itemize in 2018 compared to 30% in 2017. If you fall into the 10% of people who itemize, you may have heard that one of the biggest deductions, state and local taxes, is limited to $10,000 per return.

This is the case if you are single or filing as MFJ; the deduction is limited to $10,000. The marriage penalty is back. If the MFJ couple was not married and filed as single taxpayers, then they each would be able to deduct up to $10,000 in state and local taxes.

In the past, the interest from a home-equity loan was deductible. The proceeds from the home-equity loan could have been used for anything. Now the interest from a home-equity loan is no longer deductible unless it is used to buy, build, or substantially improve the taxpayer’s home that secures the loan. Prior to the act, employees were able to deduct unreimbursed business expenses related to their job. This is no longer the case.

As you can see, the act has provided many new things to consider when it comes to taxes. Now, more than ever, your CPA will be counted on to help with tax planning.

Sean Wandrei is a lecturer in Taxation at the Isenberg School of Management at UMass Amherst. He also practices at a local CPA firm; [email protected]

Business Owners Should Be Aware of Key Changes in This Realm

By BusinessWest Staff March 6, 2018

Entertaining Thoughts

By Carolyn Bourgoin, CPA

Carolyn Bourgoin

For many businesses, corporate entertainment has long been a means of building relationships with referral sources, vendors, and strategic partners as well as providing networking opportunities for physicians and practice managers to meet new referral sources and industry influencers and to build a presence in the marketplace.

The recently enacted Tax Cuts and Jobs Act (TCJA) has eliminated most deductions for business-entertainment expenses paid or incurred after Dec. 31, 2017. Drawing the line between the portion of an entertainment activity that is business-related versus for pleasure has long been an area of contention between the IRS and taxpayers. Though the TCJA did eliminate most business-entertainment expenses, certain expenditures, mainly those benefiting employees, did survive the tax cut.

Taxpayers need to understand what expenses survived the repeal so that they can properly segregate the deductible costs.

Expenditures Paid or Incurred Prior to 12/31/17

Prior to the TCJA, entertainment expenses and the use of entertainment facilities were deductible only if the taxpayer could establish that the costs were either directly related to a taxpayer’s trade or business or associated with the active conduct of a trade or business for which a substantial and bona fide business discussion occurred either directly before or after the event. In addition to meeting the ‘directly related to or associated with’ test, entertainment-expense deductions had to satisfy strict substantiation requirements, including details on the amount of the expense, the time and place of the entertainment, the business purpose, and the business relationship with the persons entertained. The term ‘entertainment’ includes activities at country clubs, nightclubs, sporting events, cocktail lounges, and theaters. Though not defined by regulations, business-entertainment expenses are to be further reduced by amounts considered “lavish or extravagant.”

Additional cost limitations apply to skybox rentals, sports tickets purchased for more than face value, and attendance at foreign conventions. Country-club dues were (and still are) nondeductible.

Business entertainment expenses that had escaped limitation at this point were then generally limited to 50% of the expense, unless they fell under one of several exceptions, including certain entertainment expenses included as compensation to the recipient and social or recreational entertainment provided primarily for the benefit of employees who were not highly compensated. These business-entertainment expenditures were fully deductible and survived the TCJA repeal and will be addressed later in this article.

Entertainment Expenditures Paid or Incurred After Dec. 31, 2017

Pursuant to the TCJA, expenses related to entertainment, amusement, or recreation that are directly related to or associated with the active conduct of the taxpayers’ trade or business are no longer deductible. As a result, a tax deduction will not be allowed for the following items incurred after Dec. 31, 2017:

• Expenses incurred for the use of entertainment facilities, such as the lease of skyboxes, are no longer deductible. However, businesses should review their lease agreements to see if there may be a component included in the rental price for advertising. This portion of the rental cost would be fully deductible as advertising if properly documented and reclassified;

• Expenses related to the entertainment of a client or prospect at a sporting event, theater, concert, or similar type venue (unless included in a 1099 as a prize) are not deductible under the new rules;

• Expenses for attending charitable sporting events, such as a golf tournament, where the entire net proceeds go to charity, will not be deductible to the extent of the cost of the golf or other goods or services provided. Until further guidance is issued, it is unclear whether the meals offered at an entertainment event are still 50% deductible. To the extent the ticket price exceeds the goods and services received, the taxpayer will be entitled to a charitable deduction; and

• As was the case prior to the tax-reform act, dues paid to any social, athletic, or sporting club or organization are non-deductible expenses.

Business-entertainment Expenses Still Allowed

As discussed previously, there are nine categories of entertainment-related expenditures that were not eliminated by the TCJA, as follows:

• Expenses for recreational, social, or similar activities (including related facilities) offered primarily for the benefit of employees other than highly compensated employees are fully deductible. A holiday party or annual picnic are examples;

• Expenses directly related to bona fide business meetings of stockholders, employees, agents, or directors are allowed. Examples of such expenditures would be refreshments offered to employees at a meeting where they are being instructed in a new business procedure. Food and beverages served at these meetings would be subject to the 50% limitation;

• Expenses directly related and necessary to attendance at a business meeting or convention held by a business league, chamber of commerce, real-estate board, or board of trade are deductible. Meals at these meetings would be subject to the 50% limitation;

• Expenses for services, goods, and facilities made available by the taxpayer to the general public, such as during a promotional campaign, are deductible;

• Expenses for food and beverages furnished on the taxpayer’s business premises primarily for the taxpayer’s employees (i.e. more than half), are deductible. The cost of meals provided for the convenience of the employer, such as when employees must be available throughout a mealtime, are only 50% deductible as of Jan. 1, 2018. Prior to the TCJA, these meals were 100% deductible. In addition, meals provided at an employer’s on-site dining facility are subject to the 50% limitation until Jan. 1, 2026, when meals for the convenience of the employer as well as the meals and cost of operating an on-site dining facility are no longer deductible;

• Entertainment expenses that are treated as compensation to employees, by including the costs in employee wages for income-tax-withholding purposes, are deductible;

• Expenses for entertainment-related goods or services, to the extent they are includible in the gross income of the recipient as compensation for services rendered or as a prize or award, are allowed. The recipient in this case would not be an employee of the taxpayer and must be issued a 1099 to the extent the goods or services received exceed $600;

• Expenses for goods or services (including the use of facilities) which are sold by the taxpayer in a bona fide transaction for adequate and full consideration in money or money’s worth are deductible. An example of this would be the cost of meals sold by a restaurant, and

• Expenses incurred by a professional firm for actual meal expenses that are charged back and reimbursed by a client, where the meals are separately stated in the invoice, are deductible.

De minimis fringe benefits, which are benefits that are so small as to make accounting for them unreasonable, such as coffee, soft drinks, and donuts offered to employees, remain fully deductible through the tax year 2025. In addition, meals associated with the active conduct of the taxpayer’s trade or business are still allowed, subject to the 50% limitation. Until further guidance is issued, it is unclear whether meals purchased at a business-entertainment event, such as after a round of golf or attending a ballgame, are a non-deductible entertainment expense or if they meet the business-related tests and are still deductible subject to the 50% meals limitation.

Classifying sporting tickets provided to clients as business gifts does not provide much relief, as the tax deduction is limited to $25 per item.

Bottom Line

Due to the recent changes in the tax law, it is important for taxpayers to consult with their tax advisors and develop an understanding of the business meals and entertainment expenses that remain deductible and develop a strategy to track them. It would be wise to set up separate accounts based on whether they are 100%, 50% or nondeductible.

Amounts paid to attend entertainment events should be analyzed to see if there are advertising or charitable components to the cost that can be reclassified as fully deductible. Consideration could be given to issuing 1099s to clients or prospects being provided with free tickets to events to make the cost deductible as prizes. Though the TCJA was not favorable to taxpayers that incur business-entertainment expenses, there are still some expenses in this area that remain deductible.

Carolyn Bourgoin, CPA is a senior tax manager with the Holyoke-based public accounting firm Meyers Brothers Kalicka, P.C.; (413) 322-3483; [email protected]

Granite State Development Corp. Helps Businesses — and the Economy — Expand

By BusinessWest Staff January 9, 2018

Growth Engine

Tracey Gaylord of Granite State Development Corp. (right) with Shannon Reichelt, who used Granite State’s services to finance a new property for her company, S. Reichelt & Co.

Certified development companies, or CDCs, are entities that partner with banks to help small businesses secure financing to grow their operations. But in doing so, they’re also growing the economy by promoting economic development, which is, in fact, a key element of their mission. Since its inception in New Hampshire in 1982 — and its subsequent, ever-expanding work across Massachusetts — Granite State Development Corp. has been executing that mission.

Shannon Reichelt recently purchased a building in Holyoke to consolidate her CPA organization, S. Reichelt & Co.

Meanwhile, Ben LaRoche and Jared Martin purchased a property in Lanesboro to house their technology-integration business, Amenitek; Gordon and Patricia Hubbard bought Hidden Valley Campground in Lanesboro and renamed it Mt. Greylock Campsite Park; and Pat Ononibaku purchased the adult day-care operation known as ThayerCare and renamed it Bakucare.

Then there are Anthony Chojnowski, who is building a new structure for his clothing store, Casablanca, in Lenox, and Frank Muytjens and Scott Cole, who are developing the Inn at Kenmore Hall in Richmond, near the New York line.

While those are six very different businesses, the common thread is how they financed their property purchases: through the certified development company (CDC) called Granite State Development Corp. (GSDC).

SEE: List of Banks in Western Mass.

“We work with businesses looking to either acquire an existing business that has tangible assets, or take a loan on real estate or piece of equipment,” said Tracey Gaylord, Granite State’s vice president and business development officer.

Specifically, Granite State is a nonprofit lender authorized to process and service Small Business Administration (SBA) loans utilizing the 504 lending program (more on that later). It’s the second active certified development company (CDC) in New England and provide financing in the states of Maine, Massachusetts, New Hampshire and Vermont.

“The main goal is to promote economic development and job growth,” Gaylord said. “We help banks do loans they might not be able to do otherwise.”

Those loans are spread among a broad range of sectors, she added. “We do anything from manufacturing companies to wineries to restaurants to healthcare facilities to assisted living to campgrounds. And equipment financing for manufacturing — big machines they might buy every 10 or 15 years — we do a lot with those types of projects as well.”

For this issue’s focus on banking and financial services, Gaylord explained why companies find the 504 loan program — and Granite State’s services — an attractive option when financing a purchase or investing in future growth.

Impressive Growth

GSDC President Alan Abraham created the company in 1982 in Portsmouth, N.H., with a geographic territory initially limited to three counties in that state. In 1986, its territory expanded to include the entire state of New Hampshire, and it has since grown to provide statewide coverage for the four northernmost New England states, including Massachusetts.

Granite State Development is one of the largest CDCs nationwide, ranking fifth in both loan volume and dollars, and has been the most active 504 lender in New England for almost a decade. Since 1990, in cooperation with its bank lending partners, the nonprofit has participated in more than 4,000 transactions worth more than $1.5 billion, helping create more than 20,000 jobs in New England in the process, based on borrower growth stemming from the loans.

Meanwhile, 2017 was a banner year for GSDC in Western Mass., where it has poured increasing resources in recent years, as most of its Bay State projects have historically been farther east.

Those projects fall under the SBA’s 504 loan program, which provides approved small businesses with long-term, fixed-rate financing to acquire assets for expansion or modernization. These 504 loans are made available through CDCs like Granite State. CDCs — there are more than 260 nationwide — are certified and regulated by the SBA, and work with SBA and participating lenders, typically banks, to provide financing to small businesses.

A typical 504 loan is structured in three parts: 50% is a lien from the bank, 40% is a second lien through the CDC, and 10% is a required down payment from the borrower.

This is an important element in the program, Gaylord noted, as many banks require 20%, 25%, even 30% down for certain loans, simply as a matter of policy, “and this actually allows them to do projects people may need.”

At the same time, it’s a win for the borrower, she added, because a bigger down payment may cut into funds they need to get through a lean time. “Maybe it’s a seasonal business, and they need money to get through the winter, to fill that gap.”

The bank sets its own interest rate and term for its 50% share of the loan, she went on. “If they want to do a fixed five-year rate, they can do that. They do not have to match what we do. That’s the benefit for the bank.”

As for GSDC’s portion, it determines terms based on the type of project, she explained. A real-estate project might come with a 20-year term, while 10 years might be more appropriate when purchasing a piece of equipment with a useful life of 10 to 15 years.

“Whatever the type of project, the bank chooses what to do with the other 50%,” Gaylord said. “People say, ‘why would I use this program?’ My quick response is, ‘it’s a low capital investment and a low fixed rate.’”

There are limits to what 504 loans may be used to purchase, however. They are specifically intended for fixed assets and certain soft costs, including the purchase of existing buildings; the purchase of land and land improvements, including grading, street improvements, utilities, parking lots, and landscaping; the construction of new facilities or modernizing, renovating, or converting existing facilities; the purchase of long-term machinery; or the refinancing of debt in connection with an expansion of the business through new or renovated facilities or equipment.

The 504 program cannot be used for working capital or inventory, consolidating or repaying debt, or refinancing, except for projects with an expansion component.

Bigger Picture

At its heart, the 504 lending program and CDCs like Granite State exist not only to help small businesses, but to boost economic development over an entire region. In short, applicants must demonstrate that their purchase or investment will create jobs.

“That’s one of the primary purposes of this,” Gaylord said. “We have to track the number of jobs the business has at the current time and how many jobs they’re predicting they’ll have in the first year and the next 24 months.”

That calculation incorporates job retention as well, she noted. “If they have only two employees but doing the project means they’ll be able to retain those two, that’s fantastic. If they can create more jobs, that’s even better.”

According to the SBA, community-development goals of the 504 loan program include improving, diversifying, or stabilizing the local economy; stimulating other business development; bringing new income into the community; and assisting manufacturing firms and production facilities located in the U.S.

Public-policy goals include revitalizing a business district of a community with a written revitalization or redevelopment plan; expanding exports; expanding small businesses owned and controlled by women, veterans, and minorities; aiding rural development; increasing productivity and competitiveness; modernizing or upgrading facilities to meet health, safety, and environmental requirements; and assisting businesses in, or moving to, areas affected by federal budget reductions, including base closings; reduction of energy consumption by at least 10%.

There are a few environmental goals as well, including increased use of sustainable design, building design that reduces the use of non-renewable resources and minimizes environmental impact; reduction in the use of greenhouse-gas-producing fossil fuels; and production of alternative and renewable forms of energy.

These are worthy goals, obviously, but businesses that qualify for 504 loans are typically more concerned with how the program affects their bottom line.

“We see ebbs and flows, just like conventional banks do, but we’re obviously in a good market right now,” Gaylord said. “This is a good opportunity for people to lock in those loan rates before they start to rise. Now is a really good time.”

There have been many of those good times since Granite State Development Corp. took root in New England 35 years ago, with a mission to help small businesses expand and grow, thereby helping the New England economy.

“It’s a very easy process,” Gaylord told BusinessWest. “I think that the bankers are comfortable with it, and look to us for guidance. We’re bankers and want to work with them.

“People ask, ‘are you competing with banks?’” she went on. “No, we don’t compete with banks, we work with them. We look at banks as our partners. And I get excited when I see the jobs and economic growth. That’s the best part.”

Joseph Bednar can be reached at [email protected]

It May Be Tax Reform, but It Isn’t Really Tax Simplification

By BusinessWest Staff January 9, 2018

Adding Things Up

Nicholas LaPier, CPA

By Nicholas LaPier

Ah, tax reform.

As long as the U.S. has had a federal tax, candidates running for office have promised to simplify and make reforms to the tax code. These promises always fall positively on the ears of the electorate, but often end up on the cutting-room floor.

President Trump campaigned that he wanted to reform the tax code, which, in his opinion, would bring back business, and jobs, to America. In Trump’s opinion, reducing the corporate tax rates would entice American businesses to stay here and not move operations and jobs overseas. Trump also believes that reducing personal taxes that individuals pay would translate into enhanced consumer spending, which is an important element of economic growth. Finally, making sweeping reforms to the federal tax code would also simplify it, and allow for many taxpayers to easily understand and file their own taxes.

True, the federal tax code is complicated. It is hard to read and harder to understand. It may even be unfair or inequitable to some. Its many pages of rules, regulations, and interpretations require many taxpayers to hire professionals to assist them in preparing and filing their required annual tax returns. After all, it is a living document more than 100 years in the making.

But what is this they call tax simplification and reform? Is it something governance does to keep busy between the dog days of summer and the winter solstice? Is it an honest intention to create a simpler, fairer system for all of us to understand and employ? Or is it a necessary act to adjust a system of taxation that will boost our economy and create jobs?

I proffer that it is all of that. The Tax Act signed by president Trump on Dec. 22 is the most comprehensive piece of tax legislation enacted in more than 30 years. Almost all of the provisions began last week, on Jan. 1.

Here’s a quick primer.

Corporate Taxation

First, let’s address the reforms and simplification of the federal corporate tax laws.

Although not in its truest form, the new law does create, for the first time, a virtual flat tax. Strange how this nomenclature never got any media attention. After 2017, U.S. corporations will now have a flat 21% corporate tax rate, truly reform, which Washington believed would be commensurate with, or at least fairly attractive compared with, corporate tax rates around the globe. Further, the act eliminates the corporate alternative minimum tax, which goes hand in hand with the concept of a flat corporate tax rate..”

Although not in its truest form, the new law does create, for the first time, a virtual flat tax. Strange how this nomenclature never got any media attention. After 2017, U.S. corporations will now have a flat 21% corporate tax rate, truly reform, which Washington believed would be commensurate with, or at least fairly attractive compared with, corporate tax rates around the globe. Further, the act eliminates the corporate alternative minimum tax, which goes hand in hand with the concept of a flat corporate tax rate.

Other notable changes include expanding the bonus-depreciation rules, which, unlike many other parts of the act, became effective for assets purchased after Sept. 27, 2017. The act also significantly enhances the amount of depreciation allowed on business vehicles, which, prior to 2018, was limited. An interesting non-publicized change was the full elimination of the business deduction for meals and entertainment, compared to the previously allowed 50% deduction.

All of these changes are, in fact, tax reforms, but not necessarily tax simplification. The actual process of preparing a corporate tax return is still complex, with numerous calculations, add-backs, subtractions, credits, etc. that didn’t go away with the act, as well as other sundry forms that are still required to be attached to a corporate tax return.

Since these new changes all took effect on Jan. 1, the real economic effect won’t be felt for years to come. Some pundits argue that many U.S. corporations don’t pay the maximum rates anyhow, and the reason why jobs were shifted over the borders and overseas was because of business opportunities and the lower cost of wages. Others believe that the tax savings will either transfer to shareholders as additional dividends, or, if corporations hold onto the cash, will increase the market value of their stock.

Washington wants us to believe otherwise, suggesting that overall surplus corporate money (saved vis-a-vis lower taxes) will be spent here on economic development and used to hire more people. This may be closer to the truth when you consider that smaller, closely held, and non-public corporations do not necessarily worry about shareholder value, nor have the benefits of tax credits and creative tax accounting that publicly traded corporations may have.

Personal Income Tax

In regards to personal income taxes, there were numerous changes made, but, in the interest of brevity, I will highlight those with the most impact.

Congress did give all tax filers a year-end gift by reducing the personal income tax rates, and brackets thereon, across the board. As an added bonus, the act made no changes in the tax rates for qualified dividends or long-term capital gains, keeping those lower rates in place.

At first glance, the reduced rates and other sundry changes should have a positive impact on almost everyone.

Except for the income tax-rate reductions, the biggest reform in the new Tax Act is the significant increase in the standard deduction that all filers will get. The act almost doubles the amount of the standard deduction, which will result in many taxpayers no longer itemizing their deductions. Some state senators lobbied heavily against putting a cap of $5,000 ($10,000 for a married couple) on the state and local tax (SALT) deduction, and among others, the National Assoc. of Realtors hit Congress hard against the mortgage-interest cap, and the possible change to the tax exemption on the gain on the sale of a home (which didn’t get changed). Thus, the much-publicized debates on the limits on state and local tax deductions and the mortgage-interest deduction became mostly moot points.

Additionally, filers will no longer be able to deduct unreimbursed employee expenses, which, if in excess of 2% of their adjusted gross income, would have otherwise been allowed for other itemized deductions. These few changes alone result in tax-filing simplification for millions of filers because they may now qualify for the traditional short-tax-form filing. Expect the IRS to amend the filing rules for who qualifies to use the short-form 1040-EZ compared to the long-form 1040.

The act has eliminated the personal exemptions, which in 2017 filers still have a deduction of up to $4,050 per person. To help counter the tax hit for this, the act has doubled the child tax credit from $1,000 to $2,000, and increased the amount that was refundable to a maximum of $1,400. This is a good tax benefit to qualified low-income filers with dependents. The benefit to other filers is an increase in the threshold of adjusted gross income before the child tax credit is eventually phased out entirely. This new limit is at $200,000, compared to $75,000 under prior law; for a married couple, these amounts are now $400,000, compared to $110,000 in 2017.

Aside from the adjustment to the standard deduction and the reduced tax rates, most of the other changes are far from simple, nor do they qualify as tax reform. For example, the act has a complicated formula to calculate how much of the child tax credit can be refundable, with specific criteria including what type of earned income qualifies, family size, and maximum income limits. Also, deductions that are allowed on page one of the long form, called above-the-line deductions, are still voluminous, and tricky.

Alternative minimum tax (AMT) is still in play, albeit with some minor increases to the limits thereto. Finally, if you are a shareholder in a flow-through business like a partnership or S-corporation, how you calculate the 20% deductible portion, combined with rules on limitations on owner wages and business type, is very complex.

In the end, how much each person and family saves as a result of all these reforms will vary, until an actual tax return is prepared for 2018.

Estate Taxation

Included in the Tax Act is the doubling of the estate- and gift-tax exclusion, as well as the generation-skipping tax (GST) exemption. This can also be deemed a year-end gift because, for federal tax purposes, the scope of taxpayers subject to this tax has been significantly reduced. This change alone is pure tax reform.

Affordable Care Act

Call this reform or political posturing (or both); the first major modification of the original Affordable Care Act (ACA) has become law. As part of the Tax Act, filers who do not have health insurance will no longer be assessed the healthcare penalty, otherwise known as the individual shared responsibility requirement, after 2017. Not only will this save some filers money (reform), it will definitely make their tax filing simpler, removing the very difficult-to-prepare Form 8965 from the return.

State Tax

This article has focused on the new federal Tax Act without taking into consideration the possible impact on your own state income tax. For individual filers, unless you live in one of the last seven states that have no income tax (Alaska, Florida, Nevada, South Dakota, Texas, Washington, and Wyoming), the many changes to the federal tax code will most likely have an impact on your own state taxes.

Many states are ‘piggyback’ states, meaning they take your federal adjusted income as a base, then have various add-backs and subtractions, before getting to their own taxable income. For example, Massachusetts never recognized the principles of bonus depreciation, which results in federal-to-state tax differences. As far as the new federal deduction for flow-through income, it will be interesting if any of the states will allow for that; it may already be provided for under existing state law, or it may take specific legislative action to adopt.

Regardless, you should take into consideration how any of the new federal provisions will impact you on your own state tax return. When in doubt, always consult a professional tax advisor.

By the time the ink has dried on this article and published, the new Tax Act will be law, and government lawyers will be putting the finishing touches on the official final regulations. Interpretations and minor fixes will surely follow, well into 2018.

Many of the new tax-law changes will expire after 2025, so expect that the next round of tax simplification and reform will be here before long. Stay tuned.

Nicholas LaPier, CPA is the principal at Nicholas LaPier CPA PC in West Springfield; (413)732-0200; [email protected]

Owners Need to Get Realistic — and Proactive

By BusinessWest Staff November 14, 2017

Business Valuation

By Brandon Mitchell

Brandon Mitchell

For business owners looking to sell in the near future, there is plenty to be optimistic about.

Buyers have access to capital at low interest rates through banks. Stocks are at all-time highs, driving individual net worth and access to down payments. The Massachusetts economy is vibrant. Most recent reports show GDP growth and unemployment rates outperforming the national average. There is positivity around MGM coming to Springfield, a new GE headquarters moving to Boston, and the potential for business-friendly legislation coming down the pipeline.

These factors will drive buyers to jump into the market and take the keys to a business, but there is a catch. With more than 1,100 businesses listed for sale across Massachusetts right now, buyers have options and are willing to wait for a value that makes sense.

Owners should resist the temptation to ‘pull the parachute’ as they get closer to the finish line.”

Flat revenues or increases in expenses during this period have the potential to erase even decades of growth and profitability. Owners should resist the temptation to ‘pull the parachute’ as they get closer to the finish line. Continue to push for revenue growth, and pay close attention to expense control. This is the time to let the numbers showcase the full potential of the business.

Performing a financial analysis can also help owners understand how their business compares to the rest of the industry, making them ready to articulate strengths and defend or improve weaknesses.

Overall, the current market is friendly to someone looking to sell their business. It’s also a great time to be proactive in managing an exit strategy, whether it lies around the corner or several years out. Getting realistic about the value of their business enables owners to take steps to improve it and make informed decisions.

Brandon Mitchell is a certified valuation analyst and owner of BLM Valuation Services, LLC, which specializes in certified independent business valuations for SBA lenders and small-business owners; (413) 306-1940.

KeyBank Aims to Be a Broad Resource for Customers

By BusinessWest Staff November 14, 2017

Unlocking Financial Health

KeyBank’s Courtney Jinjika and Jeff Hubbard

KeyBank is fairly new to the Western Mass. financial marketplace, taking over eight Hampden County branches following its acquisition of First Niagara Bank last year. But its leaders are already fluent in speaking the language of the region’s customers, who want their institutions to be customer-friendly and civic-minded. With a host of high-tech products melded with a focus on helping customers effectively use them to manage their financial health, Key seems ready to unlock more business.

It’s called HelloWallet.

“It’s an online platform that KeyBank uses to help customers make smarter, more confident financial decisions. The user first inputs information about their account balances, income, spending, demographics, and more to produce a score of sorts — a picture of where they are financially, where they want to be, and how to get there, by setting budgets, planning for retirement, and more.

“We focus on bringing financial confidence and wellness to all of our customers — individuals and business — across a broad spectrum of needs,” said Courtney Jinjika, the bank’s regional retail executive for Connecticut and Western Mass. “A key differentiator for us is HelloWallet, an online, real-time financial-assessment and planning tool, which, coupled with personalized guidance from their trusted banker, helps our clients achieve financial wellness and accomplish their goals.”

When it acquired HelloWallet last year, KeyBank saw it as one of several strategies for better connecting their clients, both retail and commercial, to helpful financial resources.

“Our focus is on our clients’ overall financial wellness and helping them make solid financial decisions,” Jinjika explained. “With HelloWallet, we integrated a tool into our system that allows clients to assess where they stand within a few components of overall financial wellness; it actually gives recommendations and feeds information back to bankers, who are able to reach out to clients and help them make difficult financial decisions and guide them to better financial wellness.”

As a digitally based tool, it also appeals to the growing set of customers who prefer resources they can access at any time, not just in a branch, said Jeff Hubbard, Key’s market president for Connecticut and Western Mass. “It’s an exciting tool to offer to customers, and a way to better focus on financial literacy.”

SEE: List of Banks in Western Mass.

The theme of connection is one KeyBank touts in its marketing efforts and its services, Hubbard noted. When the institution, currently the 29th-largest bank in the U.S. by asset size, acquired First Niagara Bank in 2016, it inherited a large footprint in Western Mass. and Connecticut to complement its existing New England presence in Maine, Vermont, and the Boston area.

And if there’s one thing Hubbard understands about Western Mass., where KeyBank now operates eight branches boasting 70 employees, it’s that customers appreciate a community-focused model.

Those eight branches — in East Longmeadow, Feeding Hills, Holyoke, Ludlow, Southwick, Westfield, and two in West Springfield — have been busy introducing resources including commercial lending, residential mortgage lending, investments, wealth management, and insurance.

In doing so, Hubbard said, it’s also touting the value of “meeting customers on whatever playing field they might want to be on.”

High-tech, Personal Touch

Jinjika said bank employees are skilled at helping customers navigate the various high-tech banking options available to them, from online bill pay and remote deposit capture to the HelloWallet tool, and show them how they can use them to monitor their financial wellness. There’s also an online scheduling tool customers can use to make appointments at the branch and outline what issues they want to discuss.

After all, Hubbard said, online banking hasn’t killed branch banking, not by a longshot. It has certainly forced the branch model to evolve in the ways Jinjika described, but a street-level presence remains crucial.

“Lots of people want to visit a branch for lots of reasons,” Hubbard said. “Here, they’ll visit highly trained, experienced people who want to help them. To be successful in the Springfield market, you need to meet people anywhere they want to meet.”

A decade ago, he went on, products like remote deposit capture for businesses seemed strikingly innovative, and now clients have come to expect them as a baseline. Meanwhile, Millennials might have led the way in adopting technology that allows them to control their finances from their computers and smartphones, there’s less of a demographic breakdown today.

“Millennials get on board faster; they’re quicker adopters, but they’re targeted at everyone,” Jinjika said. “Keeping people out of the branch line is a good thing, so adoption rates are pretty strong.”

In addition, Jinjika said, the vast majority of customers seeking to make major life changes, like a home mortgage, want to sit down with a professional.

“When our clients have a concern or are making major financial decisions, they want to do that in person at the branch,” she explained. “What we find is that they’ll do their research online, but when it actually comes down to fully making that decision, they want to sit down with someone and get answers face to face.”

The same goes for commercial customers, Hubbard said, noting that Key likes to tout itself as a “Main Street bank with Wall Street capabilities,” which can leverage its investment-banking team and industry-specific bankers to bring added resources to commercial clients. We believe that these capabilities, along with our state-of-the-art cash-management services and insurance and benefit consulting services, give us a competitive advantage with our business clients.

He understands the fierce competition in a market that many analysts have called overbanked in recent years, but said loan demand is steady.

“We’re certainly getting our fair share,” he told BusinessWest. “Springfield is a wonderful market with lots of opportunities. We’re grateful to have into some very large clients, very good-sized companies in Greater Springfield, in addition to small, mom-and-pop businesses.”

Another business-minded program is Key@Work, which partners with companies and provides free and discounted banking services employees at no cost to the employer. A dedicated Key@Work ‘relationship manager’ delivers a customized program on site to meet the specific needs of workers through financial-education presentations and one-on-one financial assessments.

It’s another way KeyBank aims to broaden its customer base in its existing branches, rather than having to open new branches to grow.

“We’re very happy with the branch locations we have today,” Hubbard said. “The objective is to get our employees out of the branch into the community and grow our business organically.”

Community Ties

The bank also understands that the region’s community-banking culture means community involvement on a charitable level, Hubbard said, noting that Key expects to make $100,000 in community sponsorships and charitable grants to nonprofits serving the Greater Springfield market in 2017. “We think it’s very important to support the market where we live and work. That’s something we take seriously.”

On a national level, KeyBank also released its National Community Benefits plan last year, which includes $16.5 billion in investments across the communities it serves. The commitments are part of a comprehensive blueprint for steps Key will take over the next five years.

As part of a partnership with the National Community Reinvestment Coalition, KeyBank committed to $16.5 billion in mortgage lending, small-business lending, community-development lending, and philanthropy, with the goal of stimulating job and economic growth in those communities. KeyBank has also committed to reducing neighborhood blight as well as maintenance and disposition of foreclosed properties.

Additionally, the KeyBank Foundation is committing $175 million in philanthropic investments for its traditional priorities of education and workforce development. The investments will also focus on the stabilization of urban neighborhoods and rural communities through local capacity building, affordable housing, and building technical assistance to execute locally.

Nationwide, KeyBank employees will support the plan through local service projects and board leadership. Employees will continue to be heavily engaged in their communities, with the expectation of 500,000 of additional volunteer hours over the next five years.

“Key has jumped into this in a big way,” Hubbard said, noting that the effort crosses 15 states, but each market will feel an impact. “This is a broad but very meaningful delivery of strong foundational support.”

The bank has also earned national recognition as one of Points of Light’s top 50 most community-minded companies for the last three consecutive years; a Top 50 Company for Diversity by Diversity Inc. for the last seven years, and eight annual ‘outstanding’ ratings from the Community Reinvestment Act for its levels of lending, investment, and service to low- and moderate-income communities — one of less than 10% of all U.S. banks to achieve that goal.

Those accolades further demonstrate, Jinjika noted, that KeyBank aims to be an effective partner both for customers who walk in the branch and in the communities surrounding those branches.

“We keep clients at the center of all we do,” she told BusinessWest. “We compete where some of the bigger banks won’t, and where the smaller banks can’t. We really think about the individual in front of us when we put together a package that will work for their financial wellness.”

Joseph Bednar can be reached at [email protected]

Peoples United Relocates Office, Names New Manager

By BusinessWest Staff November 14, 2017

Moving Forward

Jim Curran was asked about the heightened state of competition within the commercial-lending realm in Western Mass. and how People’s United Bank is responding to this changing landscape.

Jim Curran

He began his answer by noting that, while conditions in this region are perhaps somewhat more competitive than they were when he first started working in this market more than 30 years ago, the reality is that there have always been a lot of strong competitors for People’s United, formerly the Bank of Western Mass.

And he knows that because he worked for some of them.

“It’s been a competitive market for 30 years,” said Curran, the recently named senior vice president and regional manager for Central and Western Mass. “When I sit and talk with people about how competitive the market is today, that’s the same conversation we were having 20 years ago; nothing’s really changed in that regard.”

But many other aspects of banking, and doing business in general, have changed over the past few decades, including everything from the way people work to the technology they use, and that’s why Curran will be managing an office occupying the 10th floor of Monarch Place.

Indeed, the 32 employees at the regional office have moved only a few hundred feet across Main Street in downtown Springfield, but the relocation from the property most still know as Harrison Place (even though it had the People’s United name over the front) to Monarch Place is a considerable step forward, said Patrick Sullivan, the bank’s market president for Massachusetts.

He told BusinessWest that the move has been in the planning stages for more than 18 months, and arose from simple necessity.

When I sit and talk with people about how competitive the market is today, that’s the same conversation we were having 20 years ago; nothing’s really changed in that regard.”

“That’s an old building, and its functionality just doesn’t suit today’s world with the technology and the way people work; when you have an old building, you just can’t do certain things,” he explained. “We were spread out over four floors at one time, and, more recently, we were in two or three floors; now, we’re all on one floor, and that’s much more efficient.

“The new building will allow for greater synergies and collaboration between our cross-functional teams,” Sullivan went on, “including commercial, wealth management, consumer, and insurance services.”

The search for new quarters was an extensive one, he noted, adding that a number of sites were considered — within downtown, outside it, and also outside Springfield itself. Ultimately, the bank, which had been headquartered at Harrison Place for more than 20 years, decided to stay in the central business district.

“Although our customers are spread throughout Western Mass., centrally, downtown Springfield is the best place for our people,” he explained.

Curran agreed, saying that “there’s a lot of really good, positive energy with this move.”

As noted, Curran brings to his new position at People’s United a wealth of experience in banking, commercial lending, and in serving business owners in the Western Mass. market.

Most recently, he served seven years as executive vice president of Berkshire Bank and regional manager of the Western Mass./Central Mass. and Northern Conn. commercial-banking teams. In that role, he established Berkshire Bank’s present Central Mass. location, recruited the commercial-lending and credit team, built market identity and brand awareness, and built a loan portfolio from scratch to $215 million.

Prior to that, he served in a similar role with Santander Bank and its predecessor, Sovereign Bank, managing a team with a portfolio of commercial loans that approached $1 billion prior to the Santander acquisition of Sovereign in 2009. He got his start in banking with Bank of New England (later Fleet Financial) in 1983.

Those stops on his résumé translate into being part of that considerable competition within the commercial lending market that he spoke of earlier, so he obviously speaks from experience when he addressed how to thrive within such an environment.

Specifically, he said it comes down to several factors, including having a large portfolio of products, being local (instead of just saying your institution is local), and understanding customers and their needs.

“That’s the beauty of this bank,” he said. “When you go into a relationship, you have everything in front of you to deliver the financial services and products to that customer — whether it’s the retail side or additional services like treasury management, or whether you’re looking to do an interest-rate derivative on a large commercial real-estate deal or you’re simply looking to do payroll for a manufacturer with 30 people.”

Sullivan agreed. “The competitive advantage we have is to keep all our bankers as local as possible,” he said. “But we have people who know how to take care of a Western New England University or a Springfield College, or a healthcare system, or make a $200,000 loan fast. We stick to our core competency, which is commercial lending, which is important, because it’s competitive out there.

“We respect the fact that the local banks are good competition,” he went on. “We have to out-local them and also out-product them; that’s the world today.”

— George O’Brien

Whittlesey Rebrands to Put Emphasis on Its Array of Services

Name of the Game

Drew Andrews, managing partner and CEO

The accounting firm formerly known as Whittlesey & Hadley has undertaken a rebranding effort, and is now known simply as Whittlesey. The new name was chosen in an effort to be more modern and less formal, while also maintaining valuable name recognition. But the new name is only part of an effort to better communicate all that the firm can do for its clients.

Drew Andrews said the new name was chosen in an effort to be, among other things, less formal, more modern, and perhaps even more efficient by using one word instead of two.

These are trends, if you will, when it comes to the names over the doors and on the letterhead of professional-services providers such as accounting firms and law firms, said Andrews, so much so that a story he’s retelling often these days seems to speak volumes about the matters at hand.

“I was at meetings with two clients over the past two weeks where they were referring to us as ‘Whittlesey,’” he recalled, noting that this wasn’t the firm’s name at the time — but it is now (it became official Oct. 1, to be exact).

Indeed, the Hartford-based firm known as Whittlesey & Hadley for the better part of five decades has officially dropped the ampersand and ‘Hadley’ (dropping just the ampersand was one of many other options considered) but kept Whittlesey as a nod to history, tradition, and, perhaps most importantly, name recognition.

And the fact that people were calling the firm by its new name while it was still using the old name and hadn’t given any hint that a change was coming, only confirms that this was the right decision, said Andrews, CEO and managing partner of the firm.

“Whittlesey & Hadley was more old school,” he said, referring to the name, not the firm, noting that clients, at least some of them, anyway had already come to this conclusion, and were already referring to their accountants in different ways. “What we found was that a lot of people had already shortened it themselves — they were calling us Whittesey or W&H.”

Yes, much ado about a name. But there is a lot more to what Andrews referred to as a ‘rebrand’ than just this new name and the one on the company’s subsidiary — Whittlesey Technology (formerly the Technology Group). There are new colors (blue and coral), a new, more ‘responsive’ website (wadvising.com), and a new marketing tagline, or slogan: ‘Forward Advising.’

Those two words say quite a bit, said Andrews, noting that, historically, and to generalize somewhat, accounting firms have dealt mostly with the past tense, especially with regard to financials, taxes, and audits. But increasingly, clients are looking for help when it comes to the present and future tenses as well, he said, and the firm now known simply as Whittlesey has been ahead of this curve and intends to stay there.

“Even though we’re an accounting firm and we do taxes and audits and things of that nature, our business has morphed into being more of strategic advisors,” he explained. “We’ve helped people with profitability analysis, new products, forecasting, budgeting, succession planning, operational reviews, and a significant effort in technology support in recent years.

“That was kind of a natural progression,” he went on. “We’re really become more advisors than accountants. That’s where we think the profession’s going, and that’s a big part of why we did this rebrand.”

SEE: Financial Services and Brokerage Firms

For this issue and its focus on banking and financial services, BusinessWest talked at length with Andrews and Cora Hall, director of Marketing and Communications for Whittlesey, about the rebranding efforts, especially as they relate the firm’s efforts to grow its presence in the Western Mass. market.

It Added Up

Andrews told BusinessWest that the rebranding efforts were launched roughly a year ago, and have taken longer than some might have expected because work naturally slowed down during the height of tax season, when many of those involved had more pressing matters to address.

But this project, like most all those of this nature, was undertaken because it was deemed necessary and important to the company’s broad efforts to continue to grow and claim market share in all its markets, including Western Mass.

“We wanted to look at what our communication was to our clients and our potential clients,” Andrews explained, noting that, over the past several years, the company has merged two firms into its fold, if you will — Holyoke-based Lester Halpern and Hamden, Conn.-based Weinstein & Anastasio, P.C. — and needed a common message to go along with the shared name.

“We had what amounted to three firms, and we wanted to have a unified message going out about who we are, what we do, and how we do it,” he told BusinessWest. “We were doing a lot more than accounting and taxes, and were doing advising in many areas — and this didn’t seem to get communicated through our messaging and our website.”

Drew Andrews and Cora Hall say Whittlesey’s rebranding effort is aimed at better communicating to clients and potential clients the firm’s full range of services.

And improved communication is at the heart of this rebrand, he went on, adding that by this, he means what is being communicated and how it’s being communicated.

Elaborating, he said the overall message needed to change and convey the full portfolio of products and services, and the vehicles for delivering the message — and especially the website and a host of social-media platforms — needed to change in order to better communicate to all audiences, particularly the younger ones, and to both customers and potential employees.

“We needed a refresh on our website and how we were going into digital — not only from a client perspective, but from a recruitment perspective and always getting the best of the best talent-wise,” he explained. “We needed to relate better to them in their language.”

What is being related to all audiences is that the firm will still handle a client’s tax and audit needs — but it can also do much more.

“We can help businesses and individuals gain confidence and assurance before they act,” said Andrews. “We work as an extension of an organization’s management team delivering advisory services in the here and now as well as looking forward.

“When we go visit our clients, we talk about what’s going to happen; we’re not just focused on the past, which is what accountants do, because we usually report on historical information,” he went on. “We ask, ‘where are you going in the future? Where are you bringing this business? How can we help you achieve what your financial goals are?’”

All this wasn’t effectively communicated by the old website or old branding messages, said Hall, adding that the new platforms do a much better job at this, as well as conveying the firm’s commitment to the communities it serves.

“We’ve really made a consolidated effort to invest in the region and really become part of the community,” she explained. “And that’s something else we wanted to communicate.”

As for the new name, Andrews said something ‘new school’ or at least ‘newer school’ was needed.

‘W&H’ or ‘WH’ were considered, and might have worked, he told BusinessWest, adding quickly that, as the firm went through the search process, if you will, it came to the conclusion that ‘Whittlesey’ had both a unique sound to it and a great deal of brand equity in all the markets in which it was operating.

“That was true not only in the Hartford market, where we’ve been since 1961, when we were just ‘Whittlesey’ because [Bob] Hadley, Willis Whittlesey’s first partner, didn’t arrive until 1965, but also in Western Mass. and Southern Connecticut with the two mergers,” he said. “We didn’t want to lose that momentum, but we wanted a modern twist on it.”

Sign of the Times

And these days, one name instead of two constitutes a modern twist.

That became clear to Andrews and others when people started calling this firm ‘Whittlesey’ well before Oct. 1, when the official press release announcing the change went out.

But while the new name is significant, that new tag line ‘Forward Advising’ is perhaps even more so, because of the many kinds of messages it delivers.

“The refreshed Whittlesey brand represents where our firm is today and where we want to strategically grow,” Andrews explained, adding that ‘forward’ is where he expects this important exercise to bring the company.

George O’Brien can be reached at [email protected]

United Bank Steps Up Its Presence in Downtown Springfield

Making a Statement

United Bank’s new branch at Monarch Place is expected to yield a boost in commercial business amid a host of other benefits.

On paper — and on a map — it’s only a few blocks, really.

But United Bank’s relocation of its office in downtown Springfield, from the corner of Main and State streets to the front of Monarch Place, constitutes a major move in all other respects.

The new address — formerly home to a Bank of America branch that closed its doors several months ago — is projected to bring everything from much greater visibility to significantly higher foot traffic, to a likely surge in commercial-side market share as business owners based in the center of downtown take advantage of another bank opening on that site.

“There was a void left by Bank of America’s departure,” said Tony Liberopoulos, regional commercial executive for United, adding that the bank will move aggressively to fill that void.

Dena Hall, Western Mass. regional president and chief marketing officer, agreed.

“This is one of the premier locations in the city, particularly with the renovations currently taking place at Monarch and all the exciting things happening in that area,” she said, noting that a Starbucks soon to go into that building is just one of the items on that list. “We’re thrilled to be there.”

Indeed, even though the bank’s current location downtown is almost directly across Main Street from the $950 million MGM Springfield casino now taking shape and due to open in about a year — and would no doubt see a surge in retail traffic from that development — that branch is limited in many ways, said Hall.

Elaborating, she said that location is relatively small and, more to the point, cannot easily be renovated and enlarged to provide everything that the bank wants to provide the customers downtown.

unitedbankcomingsoonsign

“Our new branch will really give them that ‘wow’ factor of high technology, an open landscape, and everything people expect today,” she said, adding that the Monarch Place location offers an intriguing blank canvas, if you will.

That’s why United, based in Glastonbury, Conn. and with a main office locally in West Springfield, moved assertively to seize what she called a tremendous opportunity when BOA announced it was closing that location.

“I’m not sure how many other banks looked at it, but I know we moved quickly and started the conversations,” said Hall, adding that the location presents opportunities in many forms, and from many directions.

For starters, there are the many businesses based within a few blocks of the site, most all of them with owners desiring to bank conveniently.

“That Bank of America branch had a lot of commercial clients that utilized that location,” said Liberopoulos. “The buildings all around it are full of commercial clients, and we look at that as an opportunity to grow our commercial base as well as our deposit base. I think there’s a lot of businesses looking forward to having another bank in Monarch Place; we think it’s a great opportunity for us.”

Also, there is the enhanced foot traffic already in evidence downtown due to a slew of new developments in the central business district and growing convention and meeting business — not to mention the additional traffic downtown expected to be generated by MGM Springfield.

Add it all up, and the Monarch Place location seemed to be the right place at the right time, said Hall. And to take full advantage of all that the location presents in terms of opportunities, the bank is building a branch that will be full-service in every respect.

Hall said the branch will be modern and open, but it will still feature what she called a “neighborhood branch” approach, meaning it will have tellers, but also cash recyclers.

“It will be set up to service the retail and business customer in any way they want or need to bank with us,” she explained. “But it will also have a more modern feel to it than some of the current United branches.

Construction began roughly a month ago, she went on, and the branch is due to be open by the end of the year. United will occupy about 3,000 square feet, which is roughly half the old BOA footprint.

As noted earlier, the move is not significant in terms of geography — the bank is only moving a few hundred yards to the north — but it’s a meaningful move forward, said Hall.

“This positions us very well,” she said. “We’ve made some big commitments to Springfield — we’re very committed to the Thunderbirds and to business development and community support in the area. So we feel that moving to this new location will further highlight some of the commitments we’re making to the city and give us some really nice new space in the best building in Springfield.”

—George O’Brien

Employee vs. Contractor: It’s Important for Managers to Know the Rules in This Matter

Employee vs. Contractor

By Christopher Marini, MSA, MOS

Christopher Marini

One of the most exciting moments for any small-business owner is reaching the point of having sufficient demand and capital to need additional help. Many businesses benefit from hiring employees, whereas others function better utilizing independent contractors. Generally, most businesses have a need for both employees and independent contractors.

The most noticeable difference between these classifications is how they are paid. Employees are part of the payroll, and accordingly the employer is also required to pay certain payroll taxes as well as workers’ compensation insurance. In contrast, independent contractors are not part of the payroll, and are typically paid through accounts payable. Following the end of the year, employees must be given a W-2, and all independent contractors who were paid $600 or more must be sent a 1099-MISC.

Determining whether to pay an individual as an employee or independent contractor requires the business owner to understand the distinguishing differences in classification. Failure to do so could have detrimental financial consequences. Under IRS regulations, classification at the federal level follows ‘common-law rules,’ which consist of three categories: behavioral, financial, and type of relationship. Here are some specifics:

Behavioral

Behavioral control relates to the degree of oversight by the employer. If the worker is subject to employer instructions, this tends to be indicative of an employee. Pursuant to IRS Publication 15-A, examples of “instructions” include:

• When and where to do the work;

• What tools or equipment to use;

• What additional workers to hire or to assist with the work;

• Where to purchase supplies and services;

• What work must be performed by a specified individual; and

• What order or sequence to follow when performing the work.

Other behavioral factors to consider are whether the worker undergoes training or periodic evaluations. Both of these circumstances would point to the need for an employee classification.

Financial

Independent contractors generally have much more complex financial structures. For example, independent contractors often have a significant personal investment in equipment needed to perform their work. Often, their service is for a short-term period of time, and they perform similar services for several other consumers. Because of this, they often have various unreimbursed expenses.

In terms of pay, independent contractors are typically paid a flat fee for their service, whereas employees are usually paid a wage based on hours worked. Because employees are paid a wage, and don’t typically have significant investments in equipment or unreimbursed expenses, employees are guaranteed a profit.

However, independent contractors incur the possibility of having a loss if expenditures exceed the fee they collect for their service.

Type of Relationship

One important relationship factor is permanency. Workers who are hired for an indefinitely continued period of time are typically employees, whereas workers hired for a specified period, or until a particular project is completed, are generally considered independent contractors. Employers should be cautioned that the behavioral or financial rules could cause temporary or seasonal workers to be classified as employees.

Another important factor to consider is whether the service being provided is considered a key activity of the business. Workers performing activities that are major components of a business’ offered services are typically employees. Independent contractors typically perform services that are outside the realm of key activities.

Consider State Rules

Certain states have their own sets of rules, which may differ from the federal laws, so be sure to consider if there are any significant differences. For example, Massachusetts has established the Massachusetts Independent Contractor Law, which is even stricter than the federal laws. Under the Massachusetts regulations, workers, by default, are assumed to be employees unless the employer can pass a ‘three-prong test,’ which, similarly to the federal regulations, examines control and nature of the service being provided.

Although rare, it is possible that a worker could be classified as an independent contractor per federal laws and as an employee per state laws. In Massachusetts, this unique situation would result in the need for an employer to pay state unemployment tax, even though the employer is not paying any federal payroll taxes.

Misclassification Consequences

If an employer has improperly classified an employee as an independent contractor, they may be held liable for the payroll taxes that they have not paid. The IRS has implemented a Voluntary Classification Settlement Program, which offers partial relief in back taxes owed in exchange for prospectively reclassifying employees previously classified as independent contractors. Additionally, misclassifying employees as independent contractors could carry penalties related to other benefit plans as well as workers’ compensation issues.

Still Unsure?

If, after consideration of all of the above information, it is still unclear which classification is appropriate, Form SS-8 can be filed with the IRS. Using this method, the IRS will consider the facts provided to make the appropriate determination. However, this process typically takes more than six months, according to the IRS website, so seeking advice from an accountant or lawyer may prove to be the most efficient method.

In any event, knowing these rules will prove to be a tremendous asset, both in the present and in the future. Classification of workers is an important procedure for small businesses beginning operations, as well as for more established businesses. Understanding the regulations allows employers to operate more efficiently and effectively and could help them avoid future problems.

Christopher Marini, MSA, MOS is senior Auditing & Accounting associate at Meyers Brothers Kalicka, P.C.; (413) 322-3549; [email protected].

Adams Bank Leader, Now Chair of MBA, Pushes Agenda for Change

Points of Interest

It’s not easy to get from Adams or Williamstown, communities in the far northwest corner of the state, to Boston.

You can get there using Route 2, but that’s not a particularly fast road, especially in the fall, at the height of foliage/tourist season. Taking the turnpike is another option, but it takes nearly an hour just to get to the exit 2 interchange in Lee. And it’s at least two hours from there.

“Either way, you’re looking at three hours, three and a half, depending on the traffic,” said Charlie O’Brien, who has become an expert on this commute. He’s had a lot of practice over the past several years, or since he’s been on the board of the Mass. Bankers Assoc. (MBA), and especially since he assumed leadership positions with the board.

And the travel has increased even more since he became president of the MBA on July 1.

Charlie O’Brien

But O’Brien, president and CEO of Adams Community Bank, who works in Adams and lives in Williamstown, isn’t begrudging the treks to Boston — or Washington, D.C. (there are many of those, too), because they are both part and parcel to his role with the MBA.

His stint as president is an honor for him personally and professionally, he said, and it puts a spotlight of sorts on both the Berkshires (he’s the first banking leader from that region to serve as chair of the MBA) and also his institution, which, mostly through a series of mergers, has grown from just over $100 million in assets several years ago to more than a half-billion.

But mostly, O’Brien is excited to be part of efforts on behalf of the MBA and organizations like it to press for needed change with regard to the financial-services industry and, more specifically, the laws that govern it.

And his ascension to chair of the MBA — and his recent talk with BusinessWest about that development — provides an intriguing window into the ongoing work of the association, especially in the category of advocacy for its members.

O’Brien, like dozens of banking leaders who have talked with BusinessWest over the past several years, said that, while these are relatively good times for banks, especially the smaller, community-oriented institutions like Adams Community Bank and many others headquartered in Western Mass., they face a number of stern challenges.

Many come in the form of increased regulatory burdens (and the many financial burdens of compliance with these regulations) that arrived with passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act, better known simply as Dodd-Frank.

“We embrace parts of Dodd-Frank,” said O’Brien as he referenced the legislation passed in the wake of financial crisis of a decade ago, brought about in large part because of the subprime mortgage crisis and bursting real-estate bubble. “But, quite honestly, there are parts of Dodd-Frank that have been quite punitive for small banks.

“We embrace proper legislation, but we also embrace a tiered approach,” he went on. “Banks like us, at $500 million, would like to see regulations that are less burdensome. Some of these laws were passed because of the actions of Wells Fargo and Bank of America … it’s a huge burden for us to comply with certain things, when we’re not the offending banks that created these problems.”

Surveying the landscape, O’Brien, who noted that efforts to reform Dodd-Frank have been ongoing for years now, and for the reasons he stated, said momentum is gathering for change, and this might be the year it happens.

That momentum takes many forms, including the so-called Financial Choice Act, a bill introduced this year that would, if enacted, roll back many of the Dodd-Frank regulations. Passed by the House in June, the massive, 600-page bill has moved on to the Senate for consideration.

“Time will tell how far this gets,” O’Brien told BusinessWest. “But right now, the appetite for regulatory change in Washington is greater than it has been in recent years. We’re working with our lobbyists and elected officials to try to advance those initiatives.”

Meanwhile, there are other matters to contend with, including ongoing efforts that fall in the category of leveling the playing field when it comes to a host of what O’Brien called “non-bank competitors.”

He put credit unions in that category, obviously, but also national mortgage players such as Quicken Loans. O’Brien said he and others in the banking industry don’t necessarily mind competing against such rivals, but they would prefer the field to be more level than it is.

This is an old argument and an ongoing fight, especially when it comes to credit unions, which are still exempt from paying the taxes that banks do, despite the huge size, reach, and portfolio of products that many of them now boast.

“For the very large credit unions out there, and there are some in our backyard … they’re twice our size, but they pay no taxes,” said O’Brien. “All bankers struggle with that concept; some of these credit unions have grown to be billion-dollar institutions, and if you’re that size, you should be paying taxes; that’s our position.”

As for other non-bank competitors, especially those mostly doing business on the Internet, such as Quicken Loans, O’Brien said banks take a similar position.

“We just want to make sure the playing field is as level as possible,” he said, “and that they are complying with the same rules and regulations that we have to comply with.”

O’Brien said he isn’t sure what will happen on those fronts and others over the course of his year in office — and well beyond. What he does know is that there are more trips to Washington and especially Boston in his immediate future. Which is fine, because he certainly has those routes down by now.

George O’Brien can be reached at [email protected]

Appeal Pending in Bankruptcy Case Regarding Tuition Payments

A Matter to Watch

By Steven Weiss

Steven Weiss

One of the biggest priorities for parents of college-age students is paying tuition. While it is not a legal obligation (at least in Massachusetts) to provide education and support to children over 18, many feel a strong moral obligation to do so.

What happens, however, when parents pay a child’s (often substantial) college tuition, but at a time when they can’t pay their own debts and end up in bankruptcy? Can the bankruptcy trustee recover the tuition payments from the university so the payments can be distributed to the parents’ creditors?

Bankruptcy courts across the country have been wrestling with this issue, with inconsistent results. A recent Massachusetts case involving a trustee’s efforts to recover tuition payments is drawing national attention and may ultimately reach the Supreme Court.

The case pits the well-established rights of trustees in bankruptcy to recover funds for creditors, against colleges and universities, who claim it is fundamentally unfair to be required to repay tuition payments made for debtors’ children.

In DeGiacomo v Sacred Heart University, the parents had paid more than $60,000 in tuition payments for their daughter to attend Sacred Heart University (SHU). However, at the same time they were making these payments, they owed millions of dollars to their creditors; worse yet, those debts were the result of a Ponzi scheme perpetrated by the parents.

When they filed for Chapter 7 bankruptcy relief, the trustee in their case filed suit against SHU, seeking to recover the tuition payments made within four years as fraudulent transfers. Under state and federal fraudulent-transfer statutes, the trustee does not need to prove the payments were actually intended to defraud creditors; the transfers are “constructively fraudulent” if they were made while the debtors were insolvent and for which the debtors did not receive “reasonably equivalent value.”

It was on whether the parents received “reasonably equivalent value” that the case turned. There was no question that the parents were not legally obligated to pay their daughter’s tuition. Thus, the trustee argued that they did not receive any legally recognizable value for the payments, and that satisfying a “moral” obligation to provide for their non-minor daughter’s education was not of any direct or sufficiently quantifiable economic benefit to the parents, and certainly of no benefit to their creditors.

SHU, with the support of the debtors, opposed the trustee’s arguments. They pointed out that, while the parents may not have been legally obligated to pay tuition, their daughter was classified as a ‘dependent’ on both the debtors’ tax returns and on college financial-aid applications. More importantly, SHU asserted that the debtors did in fact receive economic consideration for the payments. By paying for their daughter’s education, the university argued, the parents ensured that she would become more financially independent, less likely to be a drain on her parents’ financial resources, and more likely to care for them as they aged. Finally, SHU pointed out that society as a whole benefited from the payments.

Bankruptcy Judge Melvin Hoffman sided with the university. He wrote as follows: “I find that the [parents] paid [SHU] because they believed that a financially self-sufficient daughter offered them an economic benefit and that a college degree would directly contribute to financial self-sufficiency. I find that motivation to be concrete and quantifiable enough. The operative standard used in [the fraudulent conveyance statutes] is ‘reasonably equivalent value.’ The emphasis should be on ‘reasonably.’”

The trustee has appealed the decision. Recognizing the importance of this issue nationally, Hoffman took the unusual step of recommending that the appeal bypass the U.S. District Court and be heard directly by the First Circuit Court of Appeals. The case has drawn national attention.

In addition to briefs by the parties, amicus briefs have been filed by the National Assoc. of Bankruptcy Trustees and by a group of 20 organizations supporting colleges and universities. Briefing has been completed. Oral arguments are scheduled in October, and a decision is expected early next year.

Steven Weiss is a shareholder with the Springfield-based law firm, Shatz, Schwartz and Fentin, P.C.; (413) 737-1131.

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