Regulation and compliance

Regulation

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  • Just when I thought there was nothing new to say about Enron, along comes Malcolm Gladwell.The New Yorker scribe’s latest article, “Open Secrets,” appeared in the Jan. 8 issue of the magazine and has caused a bit of a stir on the Internet. Several tax, accounting and legal blogs that I regularly troll made at least passing reference to the story, and I was surprised to see outgoing links to the commentary scattered among the postings on gossip site Gawker.com and in a column from ESPN’s “Sports Guy,” Bill Simmons.

    January 10
  • The Committee of Sponsoring Organizations of the Treadway Commission has commissioned Grant Thornton LLP to develop guidance to help organizations monitor the quality of their internal control systems.

    January 9
  • Choosing 529 plans or qualified tuition programs as a savings strategy for the college-bound got more enticing in 2006 as the programs' tax-exempt status gained permanency, and student-owned accounts would no longer need to be reported on financial aid applications."New legislation in 2006 created a significant advantage in 529 plans," said Joe Hurley, CPA and founder of Savingforcollege.com. "Accounts owned by students or custodians by the Uniform Transfer to Minors Act are no longer reported on financial aid applications if the student files as a dependent student. Before, they were reported as student assets and assessed at a very high rate."

    January 8
  • PEAPACK-GLADSTONE FINANCIAL DISMISSES KPMGPeapack-Gladstone Financial Corp. has dismissed Big Four firm KPMG as its auditor and named Crowe Chizek as its new independent accountant. In a filing, the Gladstone, N.J., bank holding company said that it had no disagreements with KPMG on any matter of accounting principles or practices.

    January 8
  • Two of our prior columns critiqued the Financial Accounting Standards Board's recent preliminary views document on its new Conceptual Framework project, which, like many other FASB efforts, is a joint undertaking with the International Accounting Standards Board.Those columns examined the boards' take on financial reporting objectives and relevance, both of which are basically enhanced versions of FASB's first framework from the 1980s. While we see some improvement, we wish that the boards had pushed the envelope further and set the stage for more reformation in practice.

    January 8
  • Like woodworking tools in the hands of a skilled craftsman, the income and market approaches to business valuation are the tools of the trade for the valuation analyst. Similarly, the results that are achieved depend greatly on the manner in which those tools are applied.The focus of this article will be on making the most of the toolbox, particularly with respect to three common threads in both the discounted cash flow method and the guideline public company method: cash flow, growth and the weighted average cost of capital.

    January 8
  • FINANCIAL SERVICES COMMAND TOP CONSUMER DOLLARConsumers are willing to pay an average of 5.2 percent more for financial services compared to other industries, according to a retail survey conducted by Kanbay Research Institute. In the poll, financial services topped such other sectors as communications, media content, restaurants and beverages, retail, and travel.

    January 8
  • Insurance policies with rising or re-appearing premiums can often cause their owners problems, especially when those owners' financial needs or obligations change.Is it a better investment to continue paying a policy that you have already paid into in hopes of a gain at maturation, or to recoup some of the investment by trading the policy for its cash surrender value? Corporate policyholders often face additional dilemmas when dealing with departing executives with key-man or split-dollar policies, or insurance purchased as part of a buy-sell agreement.

    January 8
  • The Public Company Accounting Oversight Board will continue its forums on auditing in the small business environment throughout 2007.

    January 8
  • It has been a natural progression for CPAs to gradually evolve their practices to include both tax and financial planning."There's a natural link between tax prep and financial planning," explained Stephen Parezo, media manager for multidisciplinary practice firm Fiducial. "In doing a client's taxes, you get to see their whole financial picture. You can see if they're making contributions to retirement plans, and get to see what kind of stocks and other investments they have."

    January 8
  • This year should be one of expansion and progress at the Financial Accounting Standards Board. Though the profession will not see the issuance of many final standards, the year's projects should lead up to a productive 2008.Accountants will be keeping their eyes on several crucial projects - but the most fundamentally important may be that of the Conceptual Framework. This project will set the underlying philosophy of accountancy, the basic concepts on which generally accepted accounting standards are built.

    January 8
  • A company's obligation to a worker for federal tax purposes depends primarily on whether the worker is an employee or an independent contractor, according to G. J. Stillson MacDonnell, a shareholder at the national labor and employment law firm of Littler Mendelson. "There is no other option," she said.While independent contractor status provides benefits to companies and individuals, it draws hostility from the Internal Revenue Service and state tax agencies, she said.

    January 8
  • The Internal Revenue Service announced a formula allowing businesses and tax-exempt organizations to estimate their federal telephone excise tax refunds.In May, the government announced that it would stop collecting the federal excise tax on long-distance telephone service beginning Aug. 1, 2006, and provide refunds for taxes billed after Feb. 28, 2003.

    January 8
  • Tax strategies don't just come from nowhere. They arise out of necessity and typically are reactive, constructed as work-arounds to avoid certain tax pitfalls or to meet certain rules. Viewed from this perspective and appropriate to the start of a New Year, we offer our list of the Top 10 tax developments of 2006 that will shape tax strategies in 2007.* No. 1: The IRS's use of the economic substance doctrine. Under the economic substance doctrine as adroitly used by the Internal Revenue Service Chief Counsel's Office in the Coltec case, Black & Decker and other tax-shelter-related litigation, a tax strategy can conform to the letter of the Revenue Code, yet fail to win the desired result.

    January 8
  • In pursuit of auditing standards that would be clear to auditors around the world, the International Auditing and Assurance Standards Board has issued exposure drafts of existing international standards that have been recast in a clearer form.While the changes do not affect auditors in the U.S., who audit under the standards of the Auditing Standards Board, that board may soon begin a similar clarification process, perhaps following the IAASB model, or perhaps devising its own.

    January 8
  • As many of you have already discerned by now, I spend a goodly piece of time in England, specifically because I work with the development office and president of my graduate college there on a new capital campaign that will affect women’s health issues worldwide.

    January 5
  • The Financial Accounting Standards Board has created a new committee comprised of a dozen individuals from the investment community who regularly focus on accounting and financial reporting matters.

    January 4
  • Rep. Barney Frank said that wage inequality among U.S. workers is his No. 1 priority as he prepares to take over chairmanship of the House Financial Services Committee this week.In a speech at the National Press Club, Frank, D-Mass., said that he will hold hearings about wages over the next two years in an attempt to address the gap between economic growth and workers' wages.

    January 4
  • As president and chief executive of the Institute of Management Accountants for the past three years, Paul Sharman has worked to establish a new direction for the association.Sharman’s ultimate goal is to reposition management accountants at the forefront of the accountancy profession, and in recent years the IMA has focused on advancing the management accounting and finance profession through certification, superior professional ethical standards and competence-based continuing education.

    January 4
  • It was just this July that I authored a column praising Securities and Exchange Commission Chairman Christopher Cox for successfully navigating through a number of potentially sensitive issues during his first year on the job.Among one of the examples I cited was Cox’s handling of a number of investigations involving the practice of stock-options granting to executives. Now, just four months after implementing tough new rules on how companies have to disclose executive compensation, the SEC issued a quiet statement on Dec. 22 saying that it would take another look at those rules.

    January 3