Audit & Accounting

NASD FINES METLIFE UNITS $5M: The National Association of Securities Dealers imposed a $5 million fine against three MetLife Inc. units - MetLife Securities Inc. of New York, New England Securities Inc. of Boston, and Walnut Street Securities Inc. of St. Louis.In response to an inquiry that it sent in September 2003 centering on the late trading of mutual funds, the NASD said that the MetLife trio provided inaccurate and misleading responses. The MetLife firms neither admitted nor denied the charges, but consented to the entry of the NASD's findings.

The Securities and Exchange Commission has filed and settled enforcement actions against former officers and directors of Spiegel Inc., the owner of catalogue retailers Spiegel, Eddie Bauer and Newport News.

CPAs in Congress came to the rescue of their profession with the passage of a bill that eliminated the need to send privacy notices to clients."The Financial Services Relief Act of 2006 is a common-sense bill that will give CPAs more time to serve their clients," said Rep. Colin C. Peterson, D-Minn. "As a CPA myself, I can tell you that it's more important to spend time working with clients than it is to be filling out redundant paperwork."

Representatives from industry, government and the accounting profession called on Congress to reform the nation's business tax structure, warning that the current web of corporate tax incentives and penalties is pressuring companies to adopt inefficient practices.Tax Executives Institute International president David Bernard urged the Senate Finance Committee to abandon the current "patchwork of tax incentives and inducements" for businesses, and switch instead to a "simpler, more administrable code" that will promote sound tax policy. Rather than legislating business tax preferences in an effort to "pick winners and losers" in the marketplace, he recommended a broader tax base with lower rates for all businesses.

With the nation in an uproar over widespread pension fund problems, the Financial Accounting Standards Board has set a standard that will soon require companies to fully recognize on the balance sheet either an asset for a pension plan's overfunded status, or a liability for a plan's underfunded status.Standard 158, Employers' Accounting for Defined-Benefit Pension and Other Post-Retirement Plans, would eliminate companies' ability to only partially report the funded status of a post-retirement benefit plan - that is, the difference between the plan's assets and liabilities.

Harmonization of corporate taxation rates in the European Union took a small step forward with a ruling by the European Court of Justice in favor of Cadbury Schweppes, where the ECJ found against the British government's policy of applying its own higher national tax rates to a company's subsidiaries in another, lower-taxed, EU member nation.However, despite the positive implications of the ruling for the British confectionery and soft drinks company, observers said that any move towards a serious union of corporate tax policy in Europe still faces a long road.

Earlier this year, Congress passed the Pension Protection Act of 2006.Included in that legislation are some features that encourage preparation and spending for long-term care. In particular, the act allows the transfer of excess pension benefits to fund estimated retiree medical costs, and it permits annuity and life insurance contracts to expand their coverage to include long-term-care costs, including skilled care from medical professionals and custodial care (such as assistance with bathing, eating, dressing, walking, etc.).

Congress left town without passing a number of tax breaks that expired at the end of 2005, including the option to deduct state sales taxes in place of state income tax, a deduction for college tuition and fees, the deduction for school teachers, and a research and development credit.Although the breaks themselves are not controversial, and leaders of the Senate Finance Committee pushed for their enactment, the breaks became mired in political infighting when they were attached to "trifecta" legislation that would have included an increase in the minimum wage and a slash in estate tax rates.

With no shortage of improvements needed in its field, the Governmental Accounting Standards Board has taken on an array of complex projects that should result in a series of important documents over the next six months."This is proving to be a rather ambitious agenda, and it's quite a busy time here at the GASB," said Chairman Robert H. Attmore. "We are cranking out documents and expect to have a busy period from now through the middle of 2007."

Planning to pass a business to the next generation, or to non-family members, involves a combination of complex issues requiring legal, tax, financial and management planning.Too often, a business owner devotes her entire career to building the enterprise, but fails to plan for the future of the business. When a thorough succession plan is in place, however, the business owner can anticipate and effectively manage change. The process must involve family members, professional advisors, shareholders, partners and key employees. A successful plan will address many issues, the more common of which are: the decision to pass the business to family, or sell the business to outsiders; the death, disability or retirement of the owner or co-owner; tax and estate planning; and the retention of key employees.