Accounting News Roundup: Checking the Facts on The Buffett Rule; Pols Dodge Details on Tax Reform; Audit Discovers $16 Muffins for DOJ Event | 09.21.11

Obama, taxes and the ‘Buffett Rule’ [Fact Checker/WaPo]
Still, there are so many numbers tossed around about taxes that it seems a good time to take a step back and look at the data. After all, Republicans frequently note that 50 percent of Americans pay no income taxes. So how is it that Democrats can complain that billionaires are paying a lower tax rate than their secretaries? And does the so-called “Buffett Rule” make sense as tax policy?

GOP Leaders Urge the Fed Not to Act [WSJ]
Top Republican congressional leaders, in a rare effort to directly influence Federal Reserve policy, expressed reservations about the central bank taking additional steps to spur the recovery, saying further action could harm the economy. House Speaker John Boehner (R., Ohio), Senate Minority Leader Mitch McConnell (R., Ky.), and two other GOP leaders, in a letter Monday to Fed Chairman Ben Bernanke, urged Fed officials to “resist further extraordinary intervention in the U.S. economy.” The four lawmakers wrote that it wasn’t clear the Fed’s earlier attempts to support the economy through large purchases of government bonds, called quantitative easing, had “facilitated economic growth or reduced the unemployment rate.” They said those efforts had likely increased economic uncertainty.

S.E.C. Hid Its Lawyer’s Madoff Ties [NYT]
After Bernard L. Madoff’s giant Ponzi scheme was revealed, the Securities and Exchange Commission went to great lengths to make sure that none of its employees working on the case posed a conflict of interest, barring anyone who had accepted gifts or attended a Madoff wedding. But as a new report made clear on Tuesday, one top official received a pass: David M. Becker, the S.E.C.’s general counsel, who went on to recommend how the scheme’s victims would be compensated, despite his family’s $2 million inheritance from a Madoff account.

Politicians dodge the details in US tax debate [FT]
Democrats and Republicans have claimed that reforming America’s outdated tax system is at the forefront of their respective agendas on Capitol Hill, but politicians on both side of the aisle are playing a subtle game of chicken that may undermine the chances for change.

HRBN: The Annals of Fraud [The Financial Investigator]
Roddy Boyd: “Harbin has made up tens of millions of dollars of annual revenue and receivables for several years running, according to assertions made in a pair of interviews with the senior management of Jiangsu Liyang, a company that Harbin has asserted in its 10-Ks is one of its best customers.”

Minimalist workspace [ABD]
Too much clutter?

U.S. Alleges Poker Site Stacked Deck [WSJ]
As professional poker players, Howard Lederer, Chris Ferguson and Rafael Furst got rich by bluffing players out of their money in televised tournaments. Now, the U.S. government alleges that they and their colleagues used this same approach in running one of the world’s largest online poker sites. On Tuesday, the U.S. Justice Department in a civil suit accused Messrs. Lederer, Ferguson and Furst, and another director of the company behind the Full Tilt Poker website, of defrauding thousands of online poker players out of more than $300 million that is still owed to them. The government said that, in total, the 23 owners of the site had taken out $444 million in distributions over the years.


A Tax Others Embrace, U.S. Opposes [NYT]
President Obama’s proposal for a new tax on millionaires echoes a call in many countries struggling with budget deficits and overwhelming debts to make the wealthy pay more. Britain and France have imposed new taxes on their highest earners — and Italy, Spain, Greece and Japan are considering similar moves, despite some protests. Whether the taxes on the rich in Europe raise enough money to close much of their budget shortfalls, they are being promoted as a step toward economic fairness at a time when governments are cutting spending on social programs like pensions, health care and education.

A $16 muffin? Justice Dept. audit finds ‘wasteful’ and extravagant spending [WaPo]
Justice Department auditors also criticized a $76-per-person lunch at a conference at a Hilton in San Francisco, featuring slow-cooked Berkshire pork carnitas, hearts-of-romaine salad — and coffee at $8.24 a cup.

Surprising Absolutely No One, FASB Pushing Back Their Convergence Timeline

Floored. Just floored.

Financial Accounting Standards Board chair Leslie Seidman said that many of the priority projects slated for convergence with the International Accounting Standards Board probably will not be settled until next year at the earliest.

Les will have all you haters know that this adjusted timeline has been well received by those that are taking this shit seriously:

This is a real process with real outreach and real consideration of the issues that have been raised. And the fact of the matter is that it takes time to work through these issues. The changes which we have made to the timetable, which we have made jointly with the IASB, have been very well received among the constituents who take this process seriously. They are very supportive of our strong commitment to making sure that we end up with improved standards here that are going to stand the test of time.

So if you were expecting Fisher Price accounting rules, you can forget it. These beautiful babes will be used to line up the debits and credits when Spacely Sprockets finally breaks ground.

FASB’s Convergence Timeline Moves to Next Year [AT via Jim Peterson]

Plante Moran Drops Ampersand That No One Liked or Used Anyway

The accounting firm formerly known as Plante & Moran will forever going forward be known as Plante & Moran, according to a firm press release. And from the sound of things, it’s good riddance:

The change is prompted by tradition, growth and technology, according to Chief Marketing Officer and firm partner, Jeff Antaya. “The ampersand isn’t compatible with current and emerging technologies and can’t be used in a web address, for example,” notes Antaya. “Plus, many of Plante Moran’s entities, such as Plante Moran Financial Advisors and Plante Moran Global Services, never used the ampersand; nor is it part of the firm logo or signage. This change helps make the strong Plante Moran brand even more consistent.”

Ah, the PwC reasoning: no one calls us Plante & Moran, so why would we continue to be known as Plante & Moran? This ampersand has been ignored; it’s not appreciated; so get this eyesore of a graphical symbol out of our sight! But since the firm doesn’t want to hurt its feelings, there’s a bit of a send-off of sorts for the ol’ logogram.

Because the ampersand has been such an integral part of the firm’s history, and in keeping with the Plante Moran tradition of offering the option of preparing a departure memo for departing staff (fondly referred to as a “green memo” from when the firm used bulletin board memos as a key form of communication), the firm is sponsoring a green memo contest for staff. Titled, “& Now What?” the ampersand-less contest runs through September 20th and requires interested staff to prepare a departure memo of up to 500 words for the ampersand. Based on a staff vote, prizes will be awarded for the best memos and the winning essay will become the ampersand’s official green memo.

Is there anyone out there sad to see it go? Leave your well wishes below. Oh, and an advanced copy of your essay would be nice too. Email it to us.

Someone Is Curious About All Those KPMG Employees Working on General Electric’s Taxes

You may remember earlier this year when The New York Times broke a little story about General Electric’s tax savvy ways and the best tax law firm the universe had ever seen (aka the GE tax department).

The report�������������������� href=”http://www.goingconcern.com/2011/03/jon-stewart-reacts-to-ges-tax-savviness/”>a few people to get bent out of shape because the Times said GE was enjoying $14.2 billion in profit while “claim[ing] a tax benefit of $3.2 billion.” What that “benefit” really entailed was a mystery but many people jumped to the conclusion that it was a “refund” and ProPublica (possibly a little peeved that they got scooped) tried to set the record straight on the Times story.

Despite all the back and forth, everyone was pissed at GE. The company lost a Twitter joust with Henry Blodget and then a bogus press release went out claiming the company was returning the “refund” of $3.2 billion and the Associated Press ran it. Slightly awkward.

Francine McKenna also did a write-up on KPMG’s role in this little soap opera, as the firm has been the auditor for GE since Bill Taft was maxing out the White House bathtub.

The latest twist comes from a tip we received earlier about a “Preservation Notice” sent to all KPMG employees yesterday from the firm’s Office of General Counsel (“OGC”).

URGENT TARGETED PRESERVATION NOTICE: GENERAL ELECTRIC’S LOAN STAFF ARRANGEMENTS
Please be advised that until further notice from KPMG LLP’s (KPMG or firm) Office of General Counsel (OGC), you are hereby directed to take all steps necessary to preserve and protect any and all documents created or received from January 1, 2008 through the date of this Notice relating or referring to the loaning, assignment or secondment of tax or other professionals to General Electric Company and its direct and indirect subsidiaries, affiliates and divisions (collectively “General Electric’s Loan Staff Arrangements”).

As Klynvedlians know, these preservation notices come out so often that you barely even notice them. When you do notice them is when the partner in charge of your team informs you about it before it hits your inbox. What follows is basically the biggest CYA exercise you’ve ever seen. They roll in giant dumpsters and every last scrap of paper you’ve ever written on gets throw in and eventually it gets shipped off to OGC. Your life doesn’t really change all that much other than you’re not allowed to delete another email EVER. At least that’s how I remember it.

ANYWAY, this notice seems a little different. Why exactly? Here’s a excerpt from McKenna’s post:

In defiance of [Sarbanes-Oxley] provisions, KPMG – GE’s auditor – provides “loaned staff” or staff augmentation to GE’s tax department each year. These “temps” perform tasks that would be otherwise the responsibility of GE staff. Sources tell me KPMG employees working in GE tax have GE email addresses, are supervised by GE managers – there is no KPMG manager or partner on premises – and have access to GE employee facilities. They use GE computers because the software required for their tasks is GE proprietary software.

This type of “secondment” to an audit client is never allowed. KPMG should know better.

YEESH. So any documents going back to January of 2008 that relate or refer to someone being assigned under this allegedly dubious arrangement must be preserved. You don’t have to be John Veihmeyer to know that’s a METRIC ASSTON of documentation. It’s not that GE’s tax needs are seasonal; they’re more like “perpetual” or “infinity times infinity.” A company with the best tax law firm already in house that also has an arrangement with a their auditor to throw a few more people at the problem indicates that they are working on this shit 24/7. For KPMG, it amounts to a nice little revenue stream and it keeps lots tax staff busy throughout the year.

But what caused the notice? That’s the question. Our tipster speculated that the PCAOB and SEC might be up to something but per standard operating procedure, neither will confirm nor deny the existence of any investigation or inquiry. KPMG spokesman George Ledwith did not respond to an email seeking comment.

Like we stated previously, these preservation notices are a dime a dozen but because this one deals with General Electric and presumably their tax compliance it qualifies as outside the norm. If you’re in the know or know of someone in the know or have anything else to add, email us or comment below.

PwC, Deloitte Enjoying Their Booming Advisory Businesses, Thankyouverymuch

This morning we linked to a Reuters report about the horse race between Deloitte and PwC for the biggest of the Big 4. It reports virtually nothing new that we haven’t discussed here already including Deloitte jumping P. Dubs last year by a whopping $9 million (thanks mostly to keeping their consulting business in house), the hiring sprees, the acquisitions, and oh! the audit business sucks:

With audit revenues leveling off in developed markets, the firms have been making a push in growing countries such as China and India and plowing ahead with investments in consulting, where business is growing after a recessionary slump.[…] The big four are expected to report their fiscal 2011 revenues in coming weeks and any significant growth will likely once again be in the consulting area, said Jonathan Hamilton, managing editor of Accounting News Report. “The audit business, while certainly the staple of all these firms, is a slow-growth business,” Hamilton added.

In other words, the consulting advisory business is hot and audit is not. And what causes some people to fly off the handle is how the firms have sold everyone on the idea that they can still miraculously be the bastion of good business principles ethics. Well, maybe not everyone:

More worries loom from stepped-up regulatory scrutiny. As consulting revenues grow, complaints are surfacing again that firms will be tempted to go easy on audit clients for the sake of winning or keeping a consulting job — a charge the audit firms deny.

Last week, European Union lawmakers approved a report that calls for barring auditors from providing audit and non-audit services to the same client. The report is nonbinding but could shape a draft law in the works.

PwC and Deloitte both said there was no conflict of interest in the consulting services they provide. Much of their consulting is done for companies they do not audit and they follow regulators’ standards and companies’ own restrictions on the kind of consulting they do for audit clients.

The report doesn’t mention many things that have cropped up (some recent, some not so much) including the nearly 500 reprimands Deloitte had in 2009, the rash of insider trading, or PwC’s incestuous Satyam scandal but talking points are also used to address those issues. These firms didn’t get to where they are without figuring out how to play the media game.

One thing is for sure – the firms are going to depend on their consulting/advisory businesses for growth until someone banishes audit firms from offering any other services at all. And God knows what that will take.

In close race for No 1, Deloitte, PwC grow apace [Reuters]

Accounting News Roundup: Deloitte vs. PwC; No Hints on The Buffett Rule; Netflix’s Move Reeks of Creative Accounting | 09.20.11

In close race for No 1, Deloitte, PwC grow apace [Reuters]
The world’s two largest accounting and consulting firms are bulking up with acquisitions and combing the globe for new hires. Head-to-head in a race for the title of world’s largest private professional services firm, Deloitte and PwC are on a major expansion drive. With audit revenues leveling off in developed markets, the firms have been making a push in growing countries such as China and India and plowing ahead with investments in consulting, where business is growing after a recessionary slump. More is at stake than bragging rights. Just as important is cementing tssional service supermarkets, able to help clients in almost any market where commerce transpires.

Obama offers stark choice to Republicans [FT]
Barack Obama has laid out a stark choice to Republicans that he will take to voters in next year’s presidential election, saying that their policies would starve health and education of funds unless they agreed to higher taxes on the wealthy. In a speech on Monday, Mr Obama said the principle that wealthy Americans earning more than $1m a year should not pay a lower tax rate than that levied on middle class incomes was at the heart of his deficit reduction programme. However, the president did not provide any details on how to meet what the White House is calling the “Buffett rule”, named after the billionaire Warren Buffett’s assertion that his tax rate was lower than his secretary’s.

‘Buffett Rule’ for Millionaire Tax Seen as Easier Said Than Done [Bloomberg]
For now, the Buffett rule is less of a concrete legislative proposal and more of a political talking point that has elicited Republican cries of “class warfare.” Democrats defended the idea and urged Congress to adopt it in designing a new tax system. “We’re not going to give the Congress a detailed proposal for how to meet that principle because we think there are a bunch of different ways to do that,” said Treasury Secretary Timothy Geithner, adding that the details of the rule would depend on the rest of the structure of a revamped tax code.

‘Angry Birds’ May Slingshot Into Starbucks [Bloomberg]
Rovio, whose smartphone game has been downloaded more than 350 million times, is in discussions with Starbucks about in- store promotions, Wibe Wagemans, a senior vice president at the Espoo, Finland-based company, said in an interview. Rovio may offer virtual goods and set up electronic leader boards in stores to tout top-scoring “Angry Birds” players.


The Netflix to Qwikster Shift Smells More Like Creative Accounting than a Good Business Move [FC]
When Netflix announced that they were separating their mail and streaming services into two different companies, there was a lot of effort put into focusing attention on the mistakes they made recently rather than the future of the companies. While it makes for great sound bytes and headlines, was it done in a way to hide their true intentions?

California to tax scofflaws: Pay up or lose your driver’s (or CPA) license [AWEB]
The California State Assembly has approved Assembly Bill 1424, the Delinquent Taxpayer Accountability Act, aimed at the state’s worst tax debtors. The bill delivers a clear message: pay your back taxes or we’ll suspend your driver’s license and/or professional licenses.

President Obama Would Like Those Critical of His Deficit Reduction Plan To Get a Nerdier Argument

By now, you’re probably heard about President Obama’s new plan for reducing our nation’s deficit. It involves raising taxes on the wealthiest of citizens including this new thing called the “Buffett Rule” which would force anyone making $1 million a year to pay a tax rate that is at least as high as the one paid by middle-income taxpayers. Predictably, Republicans have not warmed to the idea and are reacting on cue. Congressman Paul Ryan (WI) got feisty, saying the Buffett Rule was an example of “class warfare.”

The President, not always thrilled with criticism, sees it as slightly more complicated than that:

“This is not class warfare — it’s math,” Mr. Obama said from the White House Rose Garden, addressing GOP critiques of his plan head on.

Yeah Paul Ryan, Mr. Chairman of the House Budget Committee. If you’re not willing to get all nerdy about it, the President doesn’t want to hear it. Come back when you’ve got a blackboard filled with equations.

Obama: “This is not class warfare — It’s math” [CBS]

Accounting News Roundup: Obama’s Buffett Rule; Deloitte Will Poke Around UBS; Pols Ask IRS to Help Gay Couples with Tax Issues | 09.19.11

Obama’s debt-reduction plan: $3 trillion in savings, half from new tax revenue [WaPo]
President Obama will announce a proposal on Monday to tame the nation’s rocketing federal debt, calling for $1.5 tue as part of a plan to find more than $3 trillion in budget savings over a decade, senior administration officials said.

The proposal draws a sharp contrast with Republicans and amounts more to an opening play in the fall debate over the economy than another attempt to find common ground with the opposing party. Combined with his call this month for $450 billion in new stimulus, the proposal represents a more populist approach to confronting the nation’s economic travails than the compromises he advocated earlier this summer.

Obama Tax Plan Would Ask More of Millionaires [NYT]
Mr. Obama, in a bit of political salesmanship, will call his proposal the “Buffett Rule,” in a reference to Warren E. Buffett, the billionaire investor who has complained repeatedly that the richest Americans generally pay a smaller share of their income in federal taxes than do middle-income workers, because investment gains are taxed at a lower rate than wages.

Rep. Ryan: ‘Buffett Rule’ an example of ‘class warfare’ [OTM/The Hill]
“You tax something more, you get less of it,” Ryan said. Obama is trying to “raise the tax on capital,” he said.

UBS says trader hid loss with fake deals [FT]
Kweku Adoboli, the trader charged with blowing a $2.3bn hole in the books of UBS, allegedly disguised huge lossmaking positions with fictitious counter-trades, the bank has stated, the same tactic used by Jérôme Kerviel who caused €4.9bn of losses at France’s Société Générale in 2008. As one senior UBS executive likened the trading scandal to “a terrorist attack” that was impossible to prevent, the group revised upwards its estimate of the loss caused by Mr Adoboli from an earlier estimate of $2bn and attempted to shore up the position of chief executive Oswald Grübel.

UBS probe to be run by Deloitte [FT]
British and Swiss regulators have appointed the international audit firm Deloitte to head an investigation into events at UBS that led to $2bn of losses which may have been caused by alleged rogue trader, Kweku Adoboli. According to the UK’s Financial Services Authority and the Swiss Financial Market Supervisory Authority (Finma), the probe, which will be paid for by UBS, will look at “the details of the unauthorised trading activity; the control failures which permitted the activity to remain undetected; and … an assessment of the overall strength of UBS’s controls to prevent unauthorised or fraudulent trading activity in its investment bank”.

Obama’s Muni Tax-Exemption Tweak Is Idea Whose Time Hasn’t Yet Come [Bloomberg]
President Barack Obama’s proposal to reduce the exemption that high earners can claim on interest for their municipal-bond investments is a good example: It should be rejected on the grounds that it only makes sense as part of a sweeping reform. Politicians have been trying to kill the special tax status of muni bonds since Andrew Mellon was Treasury secretary almost 100 years ago. But there are a few good reasons the federal government has wanted to keep the exemption: State and local governments are a (rightly) powerful constituency; capital markets are the most efficient way to match investors with local infrastructure needs, and should be encouraged; and municipal projects tend to be in the public interest.


Lawmakers To Urge IRS To Ease Tax Problems For Same-Sex Couples [Dow Jones]
Even as states increasingly allow same-sex couples to marry, ambiguities in the tax code and administrative tie-ups at the Internal Revenue Service complicate and hinder these couples’ ability to pay their taxes, a bipartisan group of lawmakers will tell the head of the tax agency in a letter to be sent Monday. The IRS should move quickly to clarify the “serious issues” with which domestic partners and same-sex couples grappled while paying their taxes in 2010, urges a letter signed by 74 members of the House of Representatives to IRS Commissioner Douglas Shulman, to be sent Monday.

Tyco to Split Into Three Companies [DealBook]
As it looks to capitalize on opportunities in its disparate industries, the conglomerate will cleave off its North American residential alarm system unit, its flow control group, and its commercial security business into separate companies.

Some in New Jersey Aren’t Crazy About This Film Tax Credit Situation

A chorus of angry politicians and a national coalition of Italian-Americans called on Gov. Chris Christie Thursday to veto a controversial $420,000 film tax credit awarded to the hit MTV television show “Jersey Shore.” “The governor needs to step up for decency and veto this. If the show wants to go somewhere else, let ‘em,” said state Sen. Joseph Vitale (D-Middlesex), who said it includes negative stereotypes of young Italian-Americans. “Let us just hope against hope that New Jersey taxpayers don’t end up paying for ‘Snooki’s’ bail the next time she is arrested. What a terrible, terrible and misguided waste.” said State Sen. Paul Sarlo (D-Bergen). [NJ.com via DMWT]

New KPMG Associate Wants to Know What the “Deal” Is with Working Mothers

Yesterday we discussed the plethora of accounting firms that are pro-mom, according to Working Mothers. It seemed like a pretty simple idea – treat moms good = win; treat moms bad = Christ, what kind of hellhole firm are you running? Despite this elementary idea, there still is some questions out there:

GC,

On the subject of working mothers…what’s the deal with that? I’m a first year at KPMG and there is another first year who is already pregnant and taking maternity leave soon.

My question is, does she really get promoted on the same schedule as the rest of us? I get the importance of allowing some flexibility for working moms but does it make any sense to treat someone the same as the rest of us when it comes to raises and promotions when they’ve missed out on all the work? I’d love to hear what other readers have experience with this.

Thanks,

KPMG First Year

Well, the “deal” with working mothers is that not having policies that allow them to pursue a career and having a family is what I like to call “doing shitty business.” As to your specific question, the details aren’t clear. It’s not as if she will be on maternity leave for 6 months. KPMG offers up to 9 weeks of paid maternity leave, according to the firm’s profile on WM. That means that there are 43 other weeks (that assumes no PTO, obv) that she will be working. That doesn’t really qualify as “miss[ing] out on all the work” as you put it.

Those who are evaluating her performance should have a pretty good idea whether or not she’s capable of being promoted. Besides, it’s a jump from A1 to A2, not exactly a huge change in responsibilities or expectations. Furthermore, your raise from A1 to A2 isn’t going to be anything to write home about so getting worked up about whether or not she’s getting the same 11% bump as you isn’t worth it.