Regulation and compliance
Regulation
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Our previous column reviewed the improvements in financial reporting that will follow from a new standard requiring capitalization of all material leases. When that reform is implemented, it will replace a 30-year-old standard with practices that should have been put in place, well, 30 years ago.As we described, moving to capitalization will have many effects, the most obvious being the introduction of a new liability to the lessee's balance sheet. It will also put a new asset into the base of the reported return on assets ratio at an amount that currently cannot be estimated from the footnote.
October 15 -
AMERITAS DIRECT ROLLS OUT NO-LOAD ANNUITY: Ameritas Life Insurance Corp. has unveiled its Genesis No-Load Variable Annuity, distributed via its Ameritas Direct unit, which markets the No-Load series of insurance and annuity products to self-directed consumers.Ameritas Direct designed the Genesis Variable Annuity, which features no commission, no sales charge, no withdrawal charge and no policy fee. (Gains are taxed as ordinary income and additional penalties may apply to withdrawals made prior to age 59-1/2.)
October 15 -
Do you have clients who complain that their life insurance was supposed to be paid up by now, but it isn't? Notices from their insurance companies may even indicate that their suggested premium payment has increased, or that their policies are about to lapse.Do you have clients whose investment-type life insurance policy is not performing as projected? Ever have clients cancel their life insurance and get a taxable statement of gain? This can even happen if their policy lapses and they get nothing back (they had a paper gain).
October 15 -
"The individual investor should act consistently as an investor and not as a speculator. This means that he should be able to justify every purchase he makes and each price he pays by impersonal, objective reasoning that satisfies him that he is getting more than his money's worth for his purchase."These are the words of Benjamin Graham, a stock market investor and economist who was famous for remarkable returns from investing in stocks, value investing and influencing Warren Buffet.
October 15 -
When my oldest daughter was about to celebrate her second birthday, I had heard and read ad infinitum about the woes that awaited me upon the arrival of the “terrible twos.”
October 15 -
A Senate panel’s review of interactions between imprisoned former lobbyist Jack Abramoff and a number of tax-exempt organizations had lead the committee to question the groups’ tax status and a portion of the federal Tax Code dealing with unrelated business income taxes.
October 15 -
Statistics show that more than 50 percent of marriages in the United States end in divorce.The process of a divorce can create tremendous animosity between the parties, and this can lead to difficult financial issues for those affected by the split. There are many complex federal tax issues that need to be planned for, or they will create tremendous pitfalls. The Internal Revenue Code also contains several provisions that provide specific guidance for divorce-related transactions.
October 15 -
Year-end tax planning opportunities abound this year. They do so not only because it has been a particularly active year for tax legislation, but also because of other significant tax developments taking place in 2006, as well as changes from pre-2006 tax legislation that have a particular impact this year and next.Traditional year-end tax strategies should not be abandoned. Income should either be accelerated or postponed between 2006 and 2007, depending upon the anticipated tax brackets for each client. Similarly, deductions and credits should be manipulated to lower income either in the more favorable year or, in some cases, in both years, before midnight, Dec. 31, 2006, has come and gone.
October 15 -
The Financial Accounting Standards Board has set a new standard that establishes a long-needed framework on fair value measurement and expands related information in financial reports - and the investor community, according to FASB board member Leslie F. Seidman, is going to love it.Though Statement 157, Fair Value Measurements, does not require any new or additional fair value measurements, it applies to over 40 existing standards that require or permit the measurement of assets and liabilities at fair value.
October 15 -
The Securities and Exchange Commission's top accountant has added his thoughts on how to properly account for stock options in the historical financial statements of public companies.In a letter sent from his office, SEC Chief Accountant Conrad Hewitt discusses the consequences offered under Accounting Principles Board Opinion No. 25, Accounting for Stock Issued to Employees. The letter, sent to committee chairmen at Financial Executives International and the American Institute of CPAs, discusses dating an option award to predate the actual award date, option grants with administrative delays, the uncertainty as to the validity of prior grants, and other related circumstances.
October 15 -
Merrill Lynch, considered the world's largest employer of brokers, is now undergoing a change on what it is teaching its trainees. Instead of instructing them on how to make cold calls, they are putting those new employees in classrooms that emphasize statistical analysis, financial planning, and wealth management. Merrill’s new training program specifically covers the Monte Carlo analysis and they also have psychology classes such as behavioral finance.
October 12 -
The Securities and Exchange Commission will consider recommendations for changes to the Sarbanes-Oxley Act at an open meeting on Dec. 13.
October 12 -
Former Enron chief executive Jeffrey Skilling has asked a federal judge to throw out his May conviction on fraud and conspiracy charges.Skilling, 52, was found guilty on 19 counts of fraud, conspiracy, insider trading and lying to auditors in the investigation following Enron’s collapse. He faces 20 to 30 years in prison for the charges and will be sentenced on Oct. 23.
October 11 -
Improving the accounting and disclosures for mergers and acquisitions by non-profit organizations is the aim of two exposure drafts released by the Financial Accounting Standards Board.
October 10 -
In a recent report, the Government Accountability Office said that it still has concerns about restatements to federal agencies’ previously issued financial statements. According to the document, during the 2005 fiscal year, at least seven of the 24 agencies governed by the Chief Financial Officers Act had restated their previous year’s financial statements. When the GAO went to look at the agencies’ financial statements for 2003, the office found that nine of the 11 agencies that issues restatements in 2003 had received unqualified opinions and then did not consistently communicate those restatements. The GAO has made 11 recommendations to the Office of Management and Budget aimed at further improving the restatement guidance available to agencies’ management and auditors. Since then, the OMB has said it will take the recommendations under advisement. Among the issues highlighted by the GAO were:
October 9 -
KPMG International will combine its member firms in the United Kingdom and Germany in an effort to makes its services more consistent and risk-free. The combined firms will operate under the name KPMG Europe LLP and remain a member of KPMG International, which said in a statement that the hope is for other KPMG member firms in Europe to eventually merge into the new entity. Besides giving the combined firm a chance to pool its talent to better serve clients, the business said the KPMG Europe will be able to present a unified voice when it comes to international standards setting. The deal is the first announced by a Big Four firm after the introduction of the European Commission’s Eighth Directive legislation, which will allow cross-border mergers between accounting firms beginning in 2007. Both Germany and Britain are expected to incorporate the directive into national laws some time next year. The Big Four currently operate as networks of national partnerships in Europe because the law in most countries prevents them from being foreign-owned. With combined revenues of more than $2.5 billion in the current fiscal year, a statement from the firm said that KPMG Europe LLP will be the largest professional services firm on the continent. More than 17,000 partners and staff will work in the firm’s 44 offices across the U.K. and Germany. The firm’s head office will be located in Frankfurt and be chaired jointly by KPMG LLP U.K. chairman John Griffith-Jones and the chairman of KPMG Deutsche Treuhand-Gesellschaft AG’s managing board Dr. Rolf Nonnenmacher. Both the German and U.K. boards have already unanimously approved the proposal, but the merger must still be okayed by the firms’ partners in December.
October 9 -
The chairman of the House Ways and Means Committee has asked for information on the NCAA’s finances -- suggesting in the process that he might next be questioning the association to justify its tax-exempt status. "Most of the activities undertaken by educational organizations clearly further their (tax) exempt purpose," Rep. Bill Thomas, R-Calif., wrote in a letter to NCAA president Myles Brand. "The exempt purpose of intercollegiate athletics, however, is less apparent, particularly in the context of major college football and men's basketball programs." Specifically, Thomas asked for information on the NCAA’s television contract, the salaries of coaches, school sports facilities and total annual revenues and expenditures for Division I-A football programs and Division I basketball programs. He requested a response by the end of this month. Since 2004, the Ways and Means committee of Representatives has been conducting a broad review of the tax-exempt sector -- already looking into the tax-exempt status of nonprofit hospitals and credit unions among others. The NCAA's projected 2006-07 budget anticipates nearly $563 million in revenue, most from its TV contracts. More than half that figure is distributed to member leagues and schools, through student-athlete welfare, academic-enhancement and other programs. The remainder is paid according to the success of schools in the annual NCAA men's basketball tournament. Thomas notes in his letter that the annual returns filed by the NCAA with the IRS states that the primary purpose of the NCAA is to "maintain intercollegiate athletics as an integral part of the educational program and the athlete as an integral part of the student body,” and goes on to obliquely question college athletics' connection to higher education.
October 5 -
It’s no secret that more and more people are turning to professionals for help in preparing their financial future. The problem becomes a question of who do you actually turn to for such advice. Manarin Investment Counsel based in Omaha, Nebraska, is an independent investment advisory firm offering professional financial planning and investment management services to small businesses, families, and individuals. Founded in 1983 by Roland Manarin, who immigrated to Omaha from northern Italy at the age of 10, it is an independent, fee-based investment advisor registered with the SEC. Manarin has some 30 years of experience working as a professional in investment management. He says that he educates the public in a variety of ways including a Wealth-Building Seminar Series, which he has presented since 1977 teaching investors to ignore conventional wisdom and practice true wealth-building strategies,a weekly radio talk show, "It’s Your Money," that he hosts, and a quarterly newsletter -- not to mention numerous lectures around the country. In 2004, he was named one of "America's Best Wealth Advisors" by Barron's and in 2005 was selected as a keynote speaker for the "Excellence in Financial Planning Conference." Manarin feels there is a basic question the vast majority of Americans face: Do you ‘go it alone’ when it comes to planning your financial future, investments, and savings plans; or do you get the help of an ‘expert’ to guide you through the process and ensure you get the most bang for your buck? “Increasingly, most of us choose to seek professional help. But to whom do you turn to and trust? There are five essential facts one needs to know before hiring a financial professional.”
October 5 -
Apple Computer Inc. said that chief executive Steve Jobs knew about the company’s practice of backdating stock options awarded to executives, but wasn’t aware of the full accounting implications. Apple made the announcement after wrapping up a three-month internal investigation into the timing of stock option grants that resulted in the resignation of former chief financial officer Fred Anderson from its board of directors. Apple also said in a statement that it had expressed concerns to the Securities and Exchange Commission about actions, related to stock option grants, taken by two former officers.
October 5 -
The European Commission has rolled out a study arguing for a cap on the liabilities of auditing firms. Conducted by a London-based consulting firm, London Economics, the study says that a cap would reduce market concentration and help the Big Four firms -- which are the same across the pond as they are in the United States -- retain experienced staff. The major firms have all publicly lobbied for a cap, saying that legislating the change would shield them from the potentially ruinous lawsuits often filed in the wake of corporate scandals. According to the study, firms in the European Union currently face nearly a dozen claims ranging from costs between $220 million and $1 billion, in addition to another handful of claiming each totaling damages of more than $1billion. The study also noted that the commercial insurance taken out by the firm’s would cover less than 5 percent of some of the larger claims. The study also says that smaller accounting firms are unlikely to become a major alternative to the Big Four due to the high barriers to entry. The United Kingdom is in the process of introducing legislation that would allow auditors to ink proportionate liability agreements with corporate clients -- making them responsible for only their own errors. European Union internal market commissioner Charlie McCreevy has said he supports a fixed cap on liability claims, and the European Commission has promised to issue its own report on auditor liability before the end of the year. Caps already exist in five EU member states -- Germany, Austria, Belgium, Greece and Slovenia – however, opponents of the measure say that offering auditors the refuge of limited liability could lead to audit complacency.
October 4