Regulation and compliance

Regulation

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  • The Public Company Accounting Oversight Board's plan to place new restrictions on the ability of accountants to offer tax services to their audit clients doesn't go far enough to restore investor confidence in financial reporting, critics of the accounting profession warned. In comments to the board expressing concern over new tax service restrictions proposed late last year, several tax experts urged the PCAOB to place auditors on an even shorter leash. In order to "help restore investor confidence in the independence of auditors and the integrity of their audits," the PCAOB should adopt a rule which prohibits audit firms from providing any tax services "which are unrelated to the audit," New York City tax attorney Robert Chira told the board. "I believe the board has clear and ample legal authority to prohibit such non-audit related tax services," he said in comments on the PCOAB proposal. "I further believe the board should exercise leadership in this area to persuade the Securities and Exchange Commission to the position that an audit firm should perform audits and not commingle that function with the performance of unrelated tax services." Harvard Law Professor Bernard Wolfman called for an even more far-reaching set of limitations on the sale of tax services by accountants. Arguing that the rule that the PCAOB proposed does not go far enough to ensure the independence of auditors, Wolfman maintained that "the auditor of a public company should not be permitted to render tax services to any company, whether the company is an audit client of the auditor or not." The only exception under Wolfman's plan would be for routine compliance work and tax return preparation. In contrast, the new rule proposed by the PCAOB in December would allow accountants to continue providing general tax services to audit clients, but prohibit them from marketing tax strategies that involve "an aggressive interpretation of applicable tax laws and regulations," or result in a tax avoidance maneuver that is a "listed or confidential" transaction under Treasury regulations. The proposal also calls for outlawing the use of contingent fees for tax services to audit clients, and would bar audit firms from providing any tax services to corporate officers who are "in a reporting oversight role of an audit client." The PCAOB wrestled with the idea of a far more restrictive policy toward tax services by auditors, but ultimately concluded that such an approach would be unnecessarily burdensome for accountants and their clients. In defending the PCAOB's decision to stop short of an all-out prohibition against the sale of tax services to audit clients, board member Daniel L. Goelzer said that "auditors have traditionally performed these kinds of services for their audit clients, and this kind of assistance is particularly important to small and medium-sized businesses that lack the resources to maintain extensive in-house tax expertise."

    January 19
  • Nine vendors face criminal and civil charges for allegedly helping U.S. Foodservice Inc., a subsidiary of Dutch grocer Royal Ahold NV, inflate earnings by more than $800 million.

    January 18
  • Many of the country's wealthiest individuals have not taken basic steps to protect their assets or mapped out an estate plan, according to a recent survey by wealth management firm PNC Advisors. The poll, which surveyed 792 affluent Americans, including 500 high-net-worth individuals found that 37 percent of those queried with $10 million or more in investable assets do not have a will, health care proxy or trust, and have not named a trustee or administrator for their estate. The PNC poll gauged attitudes about wealth among high-net-worth individuals, including concerns that their children will grow up spoiled, pressure to meet philanthropic obligations, anxiety over appropriate care for older parents, and uncertainty about future financial security. Fewer than half (46 percent) of respondents said that they have become happier as they have accumulated more money. Nearly one third (29 percent) of those respondents with more than $10 million in investable assets agreed that having a lot of money brings more problems than it solves, and 33 percent agreed that having enough money is a constant worry in their life. Half (49 percent) of those polled who have children at home worried that their kids will grow up feeling "entitled," and 44 percent believed that their children are spoiled. Just under one third -- 29 percent -- of respondents encouraged their children to take after-school jobs.

    January 13
  • In an effort to aid smaller publicly traded businesses with internal controls compliance, the Committee of Sponsoring Organizations said that it would offer online guidance for internal controls assessment by the summer. In conjunction with COSO as well as the Advisory Committee of the Securities and Exchange Commission and the Public Company Accounting Oversight Board, Big Four firm PricewaterhouseCoopers will produce the guidance materials, which will be available for a fee. PwC partner Miles Everson will spearhead the effort. Under Sarbanes-Oxley's Section 404, SEC issuers are required to conduct annual evaluations of their internal controls. This year, public companies under $200 million will be required to meet the internal controls mandates. Companies over $200 million were mandated to assess their internal controls last year. COSO chairman Larry Rittenberg pointed out that approximately 5,000 of the SEC's roughly 9,000 registrants have annual sales of less than $200 million. "These organizations need guidance that will help them understand the breadth, depth, and value of COSO's Control Framework as they go through the process of evaluating controls," he said. "This new project will provide that guidance." COSO, which was established 20 years to improve the financial reporting process, is comprised of the American Institute of CPAs, Financial Executives International, the Institute of Internal Auditors, the Institute of Management Accountants and the American Accounting Association.

    January 13
  • Larry E. Rittenberg, Ph.D., CPA, CIA has been named the new chairman of the Committee of Sponsoring Organizations of the Treadway Commission. In that role, Rittenberg will lead COSO's efforts investing in conceptual frameworks designed to enhance understanding and management of risk and control. Under his leadership, the organization will provide guidance for cost-effective small business application of COSO's Internal Control -- Integrated Framework. Rittenberg -- who is currently one of COSO's five board members -- succeeds John J. Flaherty, CIA, CPA. He currently teaches and conducts research at the University of Wisconsin in Madison, focusing on auditing and corporate governance. He is co-author of Auditing: Concepts for a Changing Environment, and The Outsourcing Dilemma: What Works Best for Internal Auditing. Established in 1985 to sponsor the National Commission of Fraudulent Financial Reporting, COSO is a voluntary private sector organization dedicated to improving financial reporting quality.

    January 12
  • As part of its efforts to promote the Personal Financial Specialist designation, the American Institute of CPAs at its 2005 Personal Financial Planning Conference this week announced a new online financial planning resource targeted at CPA/financial planners and consumers seeking financial planning guidance.

    January 11
  • Financial planning and tax prep firm Gilman + Ciocia, based here, has plans to expand in the Northeast, with the opening of three new offices slated for this month.

    January 11
  • New York State Comptroller Alan G. Hevesi blasted an East Setauket, N.Y.-based CPA firm for failing to identify a multi-million-dollar fraud, failing to meet several professional standards and violating auditor independence standards in its audits of a Long Island school district.

    January 11
  • Practitioners who began adding tax planning services to their basic preparation several years back have found that it's a small step to branch out completely into year-round financial planning.

    January 10
  • Saving for college has become a cottage industry. There are now over 80 varieties of the Section 529 plan alone. The result is a complex maze of investment options, cost structures, tax benefits and financial aid implications. The federal government's attention to the complexities has some thinking that there might be significant changes on the way.The National Association of Securities Dealers is currently looking into the sales practices of some 20 brokers, questioning whether these brokers are actually presenting the plans that best suit each client's needs.

    January 10
  • AMEX AUDIT COMMITTEE APPROVES PWC: The audit committee of financial services conglomerate American Express Co. approved the appointment of Big Four firm PricewaterhouseCoopers as its auditor for 2005.PwC succeeds Ernst & Young as the company's independent accountant. Ernst was to remain as auditor for AmEx through Dec. 31.

    January 10
  • Hedge funds.Billionaire investor Warren Buffett thinks they're a fad, while fellow billionaire George Soros used them to strike it rich. Hedge funds are controversial, complex and often shrouded in mystery. And while they've long been a secret haven for the ultra-wealthy, mainstream investors are starting to take notice.

    January 10
  • It's possible for transfers to a trust to be completed gifts for gift and estate tax purposes, even though that trust may still be treated as a grantor trust for income tax purposes, so that the income of the trust is taxable to the grantor even though retained in the trust or distributed to beneficiaries of the trust.

    January 10
  • E&Y SHEDS INVESTMENT BANKING ARM: Big Four firm Ernst & Young has shed its investment banking arm by selling the practice to the consulting firm run by former New York City Mayor Rudolph W. Giuliani.Giuliani Partners LLC bought Ernst & Young Corporate Finance LLC, an affiliate of the Big Four accounting firm, and simultaneously launched Giuliani Capital Advisors LLC, which will advise companies on acquisitions, restructurings and other deals.

    January 10
  • The U.S. Supreme Court said that it would review the conviction of shuttered accounting firm Arthur Andersen for obstruction of justice for destroying documents related to its audits of bankrupt energy giant Enron Corp., according to published reports.

    January 10
  • H&R Block Inc. announced that Brian L. Nygaard, president and chief executive officer of H&R Block Financial Advisors Inc., has decided to leave the company.

    January 10
  • Nearly a decade has passed since IBM purchased Lotus Development Corp. and attracted widespread attention to the potentially large write-offs that were possible on financial statements for purchased in-process research and development.

    January 10
  • GOP lawmakers okayed a move to give the House Financial Services Committee oversight of accounting standard-setting and electronic trading, an area that includes the Financial Accounting Standards Board, according to the Congressional Record.

    January 10
  • In a move triggered by lawmaker's concerns over the marketing of abusive tax shelters by some accounting firms, the Public Company Accounting Oversight Board has proposed new rules restricting the ability of accountants to provide tax services to their audit clients.

    January 10
  • What four words cause public accountants to cringe more than, "Where were the auditors?"

    January 10