Regulation and compliance

Regulation

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  • 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.).

    November 6
  • 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.

    November 6
  • 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."

    November 6
  • 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.

    November 6
  • For contributions, bequests, and gifts made after Aug. 17, 2006, the Pension Protection Act of 2006 limits deductions for charitable contributions of fractional interests in tangible personal property. It also provides rules for valuing the donor's additional fractional interest contributions, and provides for recapture of the charitable deduction.In calculating deductions, the PPA requires consistent valuation of all the fractional interests in the same item (or collection of items) of property that has appreciated in value since the initial contribution.

    November 6
  • The Securities and Exchange Commission has awarded a trio of contracts totaling $54 million to transform the financial statements in its Edgar database into interactive information.Included in that strategy was some $5.5 million earmarked for XBRL US Inc. to complete the writing of XBRL taxonomies, so that every item in a company's financial statement, such as net income or gross sales, can be assigned a unique, computer-readable label.

    November 6
  • I went to Central High School of Philadelphia. I hear it now. Big whoop! Actually, it is. It is the oldest public high school in the country (founded 1836), the second oldest high school in the U.S. (Boston Latin is first), and was originally called Centre College, as part of the University of Pennsylvania. It had only boys and you needed to pass an entrance exam to get in. If you graduated at a certain level, you would be granted a Bachelor of Arts degree as set by the state. And, my other claim to fame is that Bill Cosby and I were classmates.

    November 3
  • The Public Company Accounting Oversight Board will delay implementation for one part of a rule relating to professionals who provide both tax and audit services to companies.Adopted in July 2005, Rule 3523, “Tax Services for Persons in Financial Reporting Oversight Roles,” went into effect on Oct. 31. The rule prohibits auditors from providing tax services to certain members of management who serve in financial reporting oversight roles at an audit client.

    November 3
  • With the close of 2006 approaching, we asked industry leaders to share their ideas of what the accounting profession will look like in five years: What will be its major concerns? Its challenges? The hot new service areas? What shape will the firm landscape have taken?Throughout November, WebCPA will post new comment collections each week.

    November 2
  • U.S. tax directors report that they now have greater visibility before corporate leadership, but they also believe they are spending more time on work that is less valued by their organizations because of increasing legislative and regulatory demands, according to a survey of senior tax executives by KPMG LLP.

    November 2
  • H&R Block Inc. said that it will provide better and more transparent notification to customers detailing all the costs tied to its refund anticipation loans.

    November 2
  • The Securities and Exchange Commission has filed and settled financial fraud charges against Delphi Corp. and six of the auto parts supplier’s former employees -- including the company’s former chief accounting officer.The SEC charged the company with engaging in a variety of accounting schemes and making material financial misstatements between 2000 and 2004, all resulting in a series of restatements totaling more than $200 million. Delphi settled the charges of financial fraud without admitting or denying the allegations, and no financial penalty was levied against the company.

    November 1
  • Intuit Inc. announced that the Securities and Exchange Commission has closed its investigation into the software maker's stock option accounting practices without taking any punitive action.The SEC began its Intuit inquiry in June and in August, Intuit announced that based on its internal investigation of the handling of its stock options dating back to 1997, it wouldn’t need to restate past profits.

    November 1
  • Initially, my column was only going to cover that a day after former Enron CEO Jeffrey Skilling was sentenced to 24 plus years, the SEC announced it settled civil fraud charges involving options backdating. The agreement provides for the payment of nearly $2.4 million in disgorgement and prejudgment interest, a permanent injunction, a permanent officer-and-director bar, and suspension from appearing or practicing before the Commission as an accountant.The SEC had charged the former CFO of Comverse Technology, Inc., David Kreinberg and two other former Comverse executives with engaging over many years in a fraudulent scheme to grant undisclosed in-the-money options to themselves and to others by backdating stock option grants to coincide with historically low closing prices of Comverse common stock. The SEC also alleged that Kreinberg and Comverse's former chairman and CEO created a slush fund of backdated options that the former Chairman and CEO used to recruit and retain key personnel.

    October 31
  • To assist governments and other public sector entities in appropriately accounting for the costs of employee benefits, a board within the International Federation of Accountants has issued an exposure draft of a new standard.The International Public Sector Accounting Standards Board’s exposure draft No. 31, “Employee Benefits,” is based on the the International Accounting Standard No. 19, of the same name. The draft addresses the same categories of employee benefits -- short-term employee benefits, post-employment benefits, other long-term employee benefits and termination benefits.

    October 31
  • The Public Company Accounting Oversight Board today announced 1- new appointments and six reappointments to its Standing Advisory Group for 2007.In May 2006, the board began soliciting nominations to fill the slots -- receiving more than 110 nominations and re-nominations. From that list, the board selected individuals with expertise in a variety of fields, including accounting, auditing, corporate finance, corporate governance, and investing in public companies.

    October 30
  • My first visit to Las Vegas 30 years ago, consisted of a two-night stay at a long-since razed flophouse called “The Lone Palm Motel,” and the $1.99 dinner buffet at Circus Circus -- which I’m told still exists in some form.

    October 30
  • According to the American Society of Appraisers, many chief executives and company presidents simply don’t know what their own company is worth and, as a result, they are making corporate decisions from an unenviable position.So, the society is now offering specific tips to understand why every company needs to have a current business valuation.

    October 26
  • As a study from the American Institute of CPAs put it, Americans between the ages of 25 and 34 “are caught between a Baby Boomer rock and a fiscal hard place.”The institute recently commissioned the study to examine the spending and saving habits of the so-called Generation Y. According to the U.S. Census Bureau, there are approximately 40 million Americans in the demographic.

    October 26
  • The Public Company Accounting Oversight Board will host a forum in New York to bring information to the small business community.The forum on auditing in the small business environment is a program designed to help registered accounting firms and public companies working in the small business community learn more about the work of the board. The forum will focus specifically on the PCAOB inspections process and the impact of new auditing standards.

    October 26