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Posted over 1 year ago

NEW SEC CYBERSECURITY RULES

A few things are grabbing my attention this week. The first being that the tax extension deadline has passed. That’s a big relief for my office, and perhaps for yours too.

I’m continuing to avidly watch, as I’m sure you are too, the unfolding events in Gaza. Though Biden issued a back-channel warning to Iran about not joining in the conflict, the possibility of a larger scale war looms. Economically, that affects gas prices and other factors of the global economy. Then there’s the national budget deadline and the Congress’s gridlock over finalizing it.

It’s more important than ever to keep your business doings sharp right now.

I’ll be here to keep you informed on how bigger happenings will affect your business… and to help you thrive through it.

All of these headlines probably dominated your attention, and rightfully so, but there’s something else happening in October to give attention to: Cybersecurity Awareness Month. That might make your stomach twist, thinking through all you need to be prepared for within a budget. It can be daunting to know where to allocate funds for a pressing need that is so frequently changing and developing.

Because my office handles so much sensitive data, you better believe this is something we monitor and update systematically.

Business spending for cyber network security is up 70 percent over the past four years, though that number has started trending downward and recent security company layoffs confirm this.

But recently issued SEC rules regarding the reporting of data breaches by public companies (more on that shortly) reemphasizes the importance of regularly addressing our own cyber network security measures as business owners.

So let’s talk about budget building for your cyber network security plan.

Prioritizing Cyber Network Security in Your Business
“The best investment you can make is in yourself.” ― Warren Buffett

There are new rules from the SEC (Security and Exchange Commission) regarding the reporting of data security breaches that go into effect December 15, 2023. While those rules primarily target public companies, small and private companies should know what’s being required as they review their own cyber network security measures, especially since the SEC has shown a willingness to extend its regulatory reach to private companies when it comes to cybersecurity.

Basically, companies need to assume that they might face real cyber network security threats and breaches. And when they do, they have to tell the SEC about it within four business days if it's a significant incident. Plus, U.S.-listed companies also have to share information about how they handle cybersecurity in their yearly reports.

With all of this in mind, let’s discuss how to build a cyber network security budget for your business.

Making a budget

When building (or assessing) a budget, know that there are three basic areas that drive the needle: software & hardware, ongoing security services, and in-house training for employees.

Of course you want top-notch protection for all your important stuff, but the reality is that you probably can't afford it all. This is why budget planning is so crucial – it decides how much you can spend and where you should spend it.

Here's a simple exercise: First, make a list of all your important assets. Then, think about how vulnerable each of them is to potential threats. In other words, figure out which assets are more likely to be a security risk.

Assets that are both high-risk and critical to business operations should get the lion's share of your cyber network security budget. On the flip side, if something is low-risk and not that critical, you can allocate less money to protect it because the chance of a cyberattack is lower there.

And remember a line item for incident response and recovery.

Factoring actual costs

Cybersecurity costs can vary a lot, and here's why:

  • Size and complexity: Bigger and more complex organizations need more resources to protect themselves.
  • Risk level: If a company is at higher risk of a security breach, they'll need to spend more to stay safe. How often and what type of security incidents a company faces can also affect costs.
  • The cloud: If a company uses cloud services, they might need extra security measures like encryption and multi-factor authentication, which can cost more than traditional setups.
  • Compliance requirements: Some industries have strict rules about cybersecurity, like healthcare and government organizations. Following these rules can be expensive.
  • Outsourcing: When companies hire outside vendors for IT tasks, they need to make sure those vendors are secure.

Saving money where you can

Despite all the costs, there are inexpensive but high value measures you can put in place.

  1. Begin by setting up basic defenses like firewalls, antivirus software, and regular software updates, if you haven’t already.
  2. There are free or inexpensive tools available for things like managing passwords, spotting intruders, and checking for vulnerabilities.
  3. Teach your employees about phishing, social engineering, and keeping data safe. It doesn't cost much but can make a big difference.
  4. Instead of hiring full-time staff, think about using managed services. They can help with security and monitoring at a lower cost.

Now, I get it, not all of these budgeting decisions will be crystal clear. So, it's a good idea to team up with your Chief Information Security Officer and accountant to figure out what makes sense within your budget constraints.

Secure your assets and your future.

This is the week when tax filing mess-ups hit the fan again. The tax extension deadline on Monday, October 16 will still see people not filing (even though they did file an extension request and get approved). And in preparing things, it will reveal bigger problems for a lot of other people.

Tax problems mean the IRS will start looking your way. If you haven’t been paying or filing or have been doing things incorrectly, you become extremely vulnerable to IRS scrutiny of your situation.

But even if you got everything submitted on time this year you could still end up being audited, especially if you’re in a higher tax bracket or have multiple years of negligence on your record.

When you’re in these situations, it’s good to know where you stand legally with the IRS.

And the good news on that is, you have a taxpayer bill of rights. There are ten on that list. In a previous installment, I discussed the first five and broke them down into plain English. So let’s take today to get into the rest.

#6 on the Taxpayer Bill of Rights: The Right to Finality

Tax problems aren’t something you want hanging over your head for eternity. Thus, you have a right to know how long the IRS can take action against you, how long they’re going to take to process things, and what your deadlines are for responding.

Included in this right is the right to have tax problems wrapped up and done, such that they can’t be brought up again later. Thus, there are legal restrictions on certain IRS actions, such as how often they can audit the same tax return (unless there is evidence of fraud, of course) and how many years they can take collection action against you.

#7 on the Taxpayer Bill of Rights: The Right to Privacy

Just because the IRS goes poking around your finances doesn’t mean that your Fourth Amendment rights against unreasonable search and seizure go out the window. The IRS should never pry into matters that are beyond your purview, should not delve into your private life, or demand to know how you pay for your lifestyle if there is no evidence that you’re hiding income.

#8 on the Taxpayer Bill of Rights: The Right to Confidentiality

In addition to these invasiveness provisions, the IRS must also follow all applicable laws in regard to protecting your personal information from being seen by the world. The IRS isn’t allowed to disclose your tax information to anybody without your permission, and cannot contact third parties for collection purposes without giving you advance notice.

The IRS is not immune to data breaches, and they are a juicy target for criminals. You have the right to know about such breaches, and the IRS is required to take action against their own employees, hackers, and even us tax professionals if said individuals are the cause of such data leaks.

#9 on the Taxpayer Bill of Rights: The Right to a Fair and Just Tax System

OK, OK, I know this one sounds like a joke. None of us are ever going to completely agree on precisely what constitutes a “fair” tax system, but that’s not exactly what this right is about.

Rather, this right refers to the IRS treating you fairly in all matters. They are required to consider your specific, individual circumstances when making decisions that affect you. The IRS is supposed to be respectful of personal issues that impact your ability to pay, file returns, or provide certain documentation.

Above all else, the IRS is not allowed to put you in a position where you no longer have a roof over your head or food on the table.

#10 on the Taxpayer Bill of Rights: The Right to Retain Representation

Officially, this is actually number nine on the Taxpayer Bill of Rights, but I’ve bumped it to the final slot because this is where I come in. Given how complex tax matters can be, and how much of a nightmare it can be to navigate the IRS bureaucracy, sometimes you just want help from a tried and true tax expert who does this every day.

You have a legal right to seek such help. If you’re facing an IRS issue and want to make sure that your rights are protected, keep reading this blog.

We've got you covered...

BE THE ROAR not the echo®

Warmly,

Janet Behm





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