Accounting News Roundup: CEO Pay > Taxes Paid; Auditors Now Under Heat for Greek Debt; Ripping off the Old People | 08.31.11

Some companies pay their CEOs more than Uncle Sam, study says [WaPo]
It has become a bipartisan article of faith in some quarters that the income tax on U.S. corporations must be lowered. But for many large U.S. companies, the burden of U.S. taxation pales in comparison with what they pay their chief executives, according to a study released Wednesday by the Institute of Policy Studies, a liberal think tank. Of last year’s 100 highest-paid corporate executives in the United States, 25 earned more in pay than their company recorded as a tax expense in 2010.

[Bloomberg]
Memo to Grover Norquist.

GOP Tax Expert to Lead Deficit-Committee Staff [WSJ]
The panel’s co-chairmen chose as their staff director Mark Prater, a senior aide and chief tax counsel to Republicans on the Senate Finance Committee. “Mark has a well-earned reputation for being a workhorse who members of both parties have relied on,” said the committee’s co-chairmen, Sen. Patty Murray (D., Wash) and Rep. Jeb Hensarling (R., Texas).

SEC Lawyer Blew Whistle Before [WSJ]
Darcy Flynn, who started in the SEC’s enforcement division in 1995, earned the large payout after reporting alleged Medicare fraud in 1993 as an insurance-claims auditor in Michigan, according to public records and people familiar with the case. Nearly two decades later, Mr. Flynn is again accusing his employer of misbehavior. This time, Mr. Flynn is targeting the Wall Street regulator, which hired him to ferret out wrongdoing. He was initially asked to probe accounting scams, insider trading and other financial frauds. Since early 2010, Mr. Flynn has been supervising record-keeping related to enforcement cases that have been closed.

Auditors under fire over Greek debt [FT]
Auditors and regulators have come under fire for allowing European financial institutions to take wildly divergent approaches to Greek government bond writedowns. The criticism comes amid claims that some banks and insurers should have reported bigger Greek losses than they had acknowledged in recent first-half results announcements. “Auditors have not enforced a consistent approach among their clients,” said analysts at JPMorgan Cazenove in a report drawing attention to the way that some significant financial institutions had written down Greek sovereign debt holdings by half, while others had cut their value by only a fifth.

SEC recovers bonus from ex-Beazer CFO [Reuters]
The former finance chief of Beazer Homes USA (BZH.N) has agreed to reimburse the company for over $1.4 million that he earned in bonus payments and stock sale profits when the Atlanta-based homebuilder was committing accounting fraud, the SEC announced on Tuesday. The Securities and Exchange Commission said James O’Leary had not been charged with misconduct, but was still required under the Sarbanes-Oxley Act to pay back the money he received while the fraud was going on.

Ex-Rite Aid exec Franklin Brown freed after resentencing on accounting scandal charges [PN]
Brown, 83, of Susquehanna Twp., had served 71 months of a 7 1/2-year prison term that Rambo imposed last September, but that was overturned by a federal appeals court in May. In 2003, a federal jury convicted Brown of multiple conspiracy and other charges for an accounting fraud that prosecutors said cost East Pennsboro Township-based Rite Aid more than $18 million.

Bellevue accountant stole nearly $1 mil. from elderly couple, police claim [SPI]
A Bellevue accountant swindled an elderly couple – his clients of more than 15 years – out of nearly $1 million through a fake investment, King County prosecutors claim. Filing securities fraud and felony theft charges, prosecutors contend Shawn Eric Stoller bilked a 90-year-old man and an 88-year-old woman to pay off his own house and motor home.

Here’s Grant Thornton’s Full-Page Ad Out of The Wall St. Journal

If you’re a fan of pinstripes, you won’t be pleased.

Grant Thornton Ad

As a commenter noted yesterday, this obviously isn’t applicable to the Yankees. The Cubs on the other hand…well, I think we all know that story.

Berkshire Hathaway: Wall St. Journal Is Wrong About Our Taxes on Bank of America Deal

Last week, folksy octogenarian (81 years today!) billionaire Warren Buffett announced that he was going to invest $5 billion in Bank of America. Some are questioning The Oracle’s intentions with this investment but considering WB came up with the idea in a place where all good ideas originate – the tub – it’s plausible that this investment will turn out okay for Berkshire shareholders (isn’t that the point?).

Regardless, some don’t think a guy who says that he doesn’t want to be “coddled” and needs – nay, WANTS! – to pay higher taxes shouldn’t be throwing around money and should just put his money where his Blizzardhole is. Accordingly, The Wall St. Journal published an editorial today accusing Buffett of being a little dodgy when it comes to Berkshire’s tax liability as it relates to his BofA investment.

Mr. Buffett’s recent decision to invest in Bank of America represents another tax-avoidance triumph for the Berkshire chief executive. U.S. corporations are subject to a top federal income tax rate of 35%, the second highest in the world. But the Journal’s Erik Holm notes [Ed. note: Thanks for linking!] that Mr. Buffett and the Berkshire bunch won’t pay anything close to that on their investment in BofA preferred shares.

That’s because corporations can exclude from taxation 70% of the dividends they receive from an investment in another corporation. This exclusion is intended to prevent double- or even triple-taxation as money is earned by one company, paid to another company and then ultimately paid out to shareholders. The policy makes sense; we only wonder why the exclusion isn’t 100%.

With the 70% exclusion for Mr. Buffett and his fellow shareholders, Berkshire will enjoy an effective tax rate of 10.5% on the $300 million in dividends it will receive each year from Bank of America.

So, a 10.5% effective rate. Not bad, right? Well, Berkshire says it’s wrong and issued a brief press release to rebut the Journal’s op-ed account and not so subtly suggests that they bone up on tax law:

An editorial in today’s Wall Street Journal says that “Berkshire Hathaway will enjoy an effective tax rate of 10.5% on the $300 million in dividends it will receive each year from Bank of America.” That statement is incorrect.

Virtually all of the stocks that Berkshire owns are held in its property-casualty subsidiaries, and that will be the case with the Bank of America preferred.

The tax treatment for dividends paid by U.S. corporations to property-casualty insurance companies was materially changed by a law passed in 1986. The changes were described in detail in the chairman’s letter included in Berkshire’s 1986 annual report.

A minor change in rate was made in 1993. Since that time dividends that insurers receive from U.S. companies incur an effective tax rate of 14.175%. For Berkshire, that rate will apply to dividends it receives from Bank of America.

So, in other words, suck it editorial board. If you know Buffett like you should know him, then you know that if he could save that 3.675%, he would.

Buffett’s Latest Tax Break [WSJ]
Berkshire Hathaway Inc. News Release [Business Wire (a Berkshire Hathaway Compay!)]

Grant Thornton Survey: Celebrities’ Acceptance of Infidelity Carrying Over to the Plebs

In Northern Ireland, anyway. Yes, if you’re moseying around Belfast and catch your spouse in an intimate embrace with someone who isn’t you, your heart may be broken but that doesn’t mean you’re going to divorce their cheating ass. Why, you ask? Well, you see, celebrities, being the model global citizens that they are, seem understand that marriage doesn’t really mean that you can’t have sex with other people, even if you haven’t expressed a desire to do so and regular Joes and Janes are starting to think that should be their attitude as well.

The UK Press Association reports, “one of the reasons for the shift may be the growing number of high profile celebrities that have publicly accepted their partner being unfaithful, according to consultancy and accountancy firm Grant Thornton, which carried out the matrimonial survey.” Yes Grant Thornton, fresh off their new ad campaign, is finding time to weigh in on marriage trends, although they readily admit they’re really just taking a stab at this:

Sally Longworth, partner at Grant Thornton’s Forensic and Investigations services practice, said: “The shift in the reasons for divorce is difficult to explain, although one potential influence could be the rise in the number of celebrities that are very publicly accepting their spouse’s infidelities.

Seems that GT is hard up for work in N.I.

[via UKPA]

Deductible or Not Deductible: Bartender Refuses to Serve Drunk; Drunk Slashes Bartender’s Tires (Allegedly)

As you know, we like to check in on our friends across the pond every once in awhile to remind them about Valley Forge and whatnot and to see if they have managed to straighten up. There are problems aplenty for accountants in the UK and some of the strangest ones are shared with the peanut gallery over at AccountingWEB UK. Today’s problem is kind of fun because it may be one that many of you have been privy to.

I think I know the answer to this but will put it out there anyway.

Publican [Ed. note: that’s the landlord of a pub for the Yankees out there.] refused to serve a “customer” drink on Saturday night. The publican found his 4 tyres slashed after closing time.

Tax deduction?

To me, this seems like one of those situations that qualify as “the cost of doing business” (i.e. that’s life) and thus, not deductible. Think about it. You’re a bartender. You deal with assholes. Often times, these assholes get drunk. It’s your job as a bartender to take note when one of these assholes is drunk and refuse said asshole any further service. Since assholes don’t like being cut off (been there myself a time or two) this is usually taken personally and bad decisions end up getting made (e.g. attempt to walk to another bar, awkward sexual advances, vandalism).

Now, our publican friend would gladly trade any potential tax deduction for the chance to catch the guy who slashed the tires but that ship has sailed. My thinking is that he’s just going to have to let this one go. Other opinions? Fire away.

Accounting News Roundup: IASB Not Impressed with Greek Debt Writedowns; Posthumous Taxes Less Certain for Ken Lay; PwC Leadership Appointments | 08.30.11

IASB criticises Greek debt writedowns [FT]
In a letter sent to the European Securities and Markets Authority, the European Union’s market regulator, the International Accounting Standards Board criticised the inconsistent way in which banks and insurers have been writing down the value of their Greek sovereign debt. “This is a matter of great concern to us,” Hans Hoogervorst, IASB chairman, said in the letter, which was published on Tuesday after the IASB’s concerns were revealed by the Financial Times. People familiar with the IASB’s thinking said the intervention was unprecedented and reflected its belief that some European compaking enough provisions for Greek sovereign debt losses.

Dead Enron CEO Lay Beats IRS in Tax Court [Bloomberg]
Kenneth Lay, the deceased chief executive officer of Enron Corp., defeated the Internal Revenue Service in the agency’s bid to collect $3.9 million from his estate and his wife, the U.S. Tax Court ruled. The case decided yesterday involved transactions among Lay, his wife, Linda, and Enron that were executed on Sept. 21, 2001. The Lays sold $10 million in annuities to Enron as part of an agreement for him to retake the CEO position, under the stipulation that the annuities would be returned to Lay if he worked a 4.25-year term. The company didn’t survive that long, and it filed for bankruptcy protection in December 2001.

House Tax Chief Pitches No-New-Revenue Plan to Wary Voters [Bloomberg]
Representative Dave Camp’s summer- recess ritual of visits with constituents at a retirement home, the Rotary Club and an airport construction site was punctuated this past week by voters’ misgivings about the deficit fight in Washington in which Camp plays a central part. As he crisscrossed his hometown district of Midland, Michigan, on Aug. 25, the chairman of the House Ways and Means Committee repeated to residents — some of whom he has known since childhood — his promise not to raise taxes to cut the deficit. The 11-term Republican House member encountered voters who supported him while expressing doubt that Congress can tackle a $1.3 trillion budget deficit. “They need to grow up and get together,” John Church, a retired Midland retailer, said of Congress.

The Case Against a Payroll Tax Cut [Economix/NYT]
It’s rare for Republicans to find a tax cut they don’t support, but last week The New York Times reported on just such an exotic creature. Many leading Republicans, it seems, are extremely cool to the idea of extending the temporary cut in the Social Security tax that took effect on Jan. 1 and expires on Dec. 31. It has lowered employees’ share of the payroll tax to 4.2 percent, from 6.2 percent.

Auditor in China case makes case for Janus [Thomson Reuters]
In the latest twist in a four-year-old shareholder lawsuit alleging a $132 million accounting fraud at China Expert Company, PKF New York, one of the company’s former auditors, contends that a recent Supreme Court ruling should shield it from litigation. In a brief filed Friday in Manhattan federal court, PKF New York cites the Supreme Court’s June ruling in Janus Capital Group v. First Derivative Traders. Judge Alvin Hellerstein this month already granted PKF New York’s motion for a rehearing on a previous motion to dismiss (more on that later), citing the Janus ruling; on Friday PKF filed a detailed brief laying out just why it believes that Janus protects it from the shareholders’ accusations.

Fraud trial of Teaneck accountant ends in deadlock [NJ/The Record]
Andrew Muhlstock, 58, was spared a jury decision following a three-week trial in Trenton federal court, despite a guilty verdict returned against an owner of Total Time Solutions, which handled payroll and tax withholding for New Jersey companies.

Grant Thornton advertises its goal to run with the bulls [Crain’s]
The new work departs from earlier humorous campaigns to more aggressively support CEO Stephen Chipman’s charge to pursue “dynamic” companies that have ambitious growth plans, whether a Fortune 100 firm or a small company. The ad campaign asserts what wins, what doesn’t and that these firms know what wins, and that’s why they chose Grant Thornton. “It’s not about the size of the firm. It’s, do they have game on and are they really attacking the market?” said Tricia Conahan, chief marketing and sales officer of the city’s largest Chicago-based accounting firm.

BDO Canada acquires KPMG’s consumer insolvency wing [G&M]
BDO Canada Ltd. has acquired KPMG’s consumer insolvency practice for an undisclosed price, making it one of the country’s largest providers of such bankruptcy and credit counselling services. The integrated services — which offer trustees in consumer bankruptcy, proposal administrators and credit counsellors — began operating under the BDO Canada Ltd. name effective last Friday.

PwC Appoints Niloufar Molavi as U.S. Energy Leader [PwC]
The firm’s (now) former Chief Diversity Officer.

PwC US Appoints Tom Archer as U.S. Technology Sector Leader [PwC]
Succeeding Rob Gittings.

IRS Criminal Investigation Unit Bringing the A Game

You’ve been warned, scofflaws.

The inspector general audit found that the criminal unit closed 4,325 cases in fiscal 2010, well above its goal of 3,900, a mark the unit did not hit in 2009.

The average investigation, meanwhile, took exactly one year, a roughly 9 percent improvement over 2009, and the number of convictions in legal source tax cases also rose 7 percent from 2009 to 2010, and has jumped close to 23 percent since fiscal 2006.

As the audit points out, the unit’s performance also improved even as its staffing numbers decreased by roughly 2 percent since 2006.

And they probably all carry shotguns.

IRS hitting criminal investigation targets [OTM/The Hill]

Even After Obtaining That Sweet CFO Gig, You’ll Probably Still Bitch About Your Salary

Especially if you’re the jealous type.

According to accounting firm BDO, middle market CFOs typically earn 55% to 60% of their CEO’s pay, but in 2010 they earned just 40%, on average.

In a study of 600 public companies with annual revenues ranging from $25 million to $1 billion, BDO found that CFOs earned an average of $927,743 in 2010, a 19% increase from 2010, while CEOs earned an average of $2.34 million, representing a 25% increase from the previous year.

[via CFOJ]

Texas ‘Pole Tax’ Gets Called Back to the Stage

[T]he Texas Supreme Court on Friday gave state officials the go-ahead to continue collecting a special $5-per-customer tax on strip clubs. The so-called “pole” tax, collected upon entrance to any club that features nude dancing and alcohol consumption, was ruled unconstitutional by a state district judge in Austin and the 3rd Court of Appeals. The law was passed by the Texas Legislature in 2007, and so far about $15 million has been collected. The money has not been disbursed because of the earlier court rulings. [HC via DMWT, Earlier]

What Do We Think of Grant Thornton’s New Ad Campaign?

As many of you trade tales of flooded basements, tree branches coming through the windows and slip n’ slides, some people had much grander plans for today. Back in the spring, we speculated about what Grant Thornton’s “major brand repositioning” might entail. Since Stephen Chipman took the helm back in 2009, things have focused towards the dynamic. Dynamic clients. Dynamic rumors. Dynamic hand-written notes. Now, as promised, the Purple Rose of Chicago has rolled out a new dynamic ad campaign.


Here’s your 30-second spot:


And your longer 60+ second ad, with an accent!

No tango. No roses. No emotion (unless business demeanor is an emotion). Just winning. So what do we think? What would Don Draper think? Tell us.

Accounting News Roundup: Post-Irene – Commuting, Insurance, and Extended Tax Deadlines | 08.29.11

Commuters in Line for Long Rides [WSJ]
Some trains would run, officials said late Sunday. New York’s subways would be largely operating, with the exception of some express trains and lines in the Rockaways. Officials warned that trains would likely be less frequent and more crowded. But many trains from the suburbs won’t be running—stranding hundreds of commuters who use them to get to work. Metro-North Railroad and New Jersey Transit were going to remain almost completely shut down.

Irene Forecasters Missed Storm’s Intensity While Correctly Predicting Path [Bloomberg]
Forecasters overestimated the strength of Hurricane Irene even as they accurately predicted the direction and timing of the storm’s destructive path along the U.S. East Coast. “This was one of their better forecasts,” Hans Graber, a professor of marine physics at the University of Miami, said in a telephone interview. “Definitely, it helped to save lives.”

Hundreds of thousands still without power in D.C. region [WaPo]
Pleasant weather allowed utility companies to repair thousands of power outages Sunday, but hundreds of thousands of homes and businesses in the D.C. region were still in the dark by the evening, more than 24 hours after Hurricane Irene first brought heavy winds and rain to the area.

Irene Adds to a Bad Year for Insurance Industry [NYT]
The total damage inflicted by Hurricane Irene may reach $7 billion by the time the storm dissipates in the coming days, making one of the insurance industry’s worst years even tougher, according to an early estimate by the Kinetic Analysis Corporation in Silver Spring, Md. Most of the loss will very likely come from property in New York and New Jersey, according to industry experts. Although Irene had diminished to a tropical storm by the time it reached New York early Sunday, those two states have the most valuable coastal property on the Atlantic Coast.

Yes, the rich do pay higher taxes [Tax Update]
Confirmed.

Frequency of Accounting Reports [Grumpy Old Accountants]
From the Grumpies: “As is well known, we currently produce financial statements every three months and one of these reports is audited by an independent auditor. Some would like to pick up the pace and perhaps even supply data on a daily basis.”

Hurricane Irene Pushes IRS To Extend Tax Deadline [Dow Jones]
Hurricane Irene hammered the East Coast of the U.S., causing death and destruction, but at least one group of people is getting some relief thanks to the storm: Taxpayers who have money stashed in bank accounts overseas will get more time to apply to an IRS amnesty program. The IRS said Friday it would move the deadline for the program, known as the Offshore Voluntary Disclosure Initiative, or OVDI, to Sept. 9, “due to the potential impact of Hurricane Irene.” The deadline had been Aug. 31.

Tax Haven’s Tax Haven Pays a Price for Success [WSJ]
Zug’s history of rock-bottom tax rates, for individuals and corporations alike, has brought it an A-list of multinational businesses. Luxury shops abound, government coffers are flush, and there are so many jobs that employers sometimes have a hard time finding people to fill them.

Uncategorized

Hurricane Irene Watch: Deloitte New York Offices Officially Closed, Evacuees Encouraged to Bunk Up with Co-workers If Necessary

If Deloitte employees took the last email concerning preparations for Hurricane Irene seriously, they likely took plenty of work home as it could be a extra-long weekend. However, if you’re a New York employee and thought, “Gosh, I’ve got so much to do, it may take me two trips to get all the work home,” and were saving that second trip for this morning, you may be in for an unpleasant surprise – the office is closed! Now, you might not have thought that the firm needed to announce such a thing but since the City has announced that everyone in Lower Manhattan has to GTFO and that the subway will quit running in T-minus one hour, the firm figured it better play ball.

Hurricane Irene Update

Weekend office closures and travel advisory

To all Northeast professionals:

Due to the impending hurricane that will impact the Northeast region, several Deloitte offices will be closed over the weekend. As of now, we expect to be open for business on Monday and will continue to update you from this mailbox, as needed.

1WFC, 2WFC, and 25 Broadway offices will be closed on Saturday, August 27 and Sunday, August 28 due to a mandatory evacuation order for lower Manhattan. New York City subways and buses will stop running at noon, as will PATH trains and commuter railroads connecting Manhattan to New Jersey, Long Island, Westchester, and Connecticut.

Some of you may be asked to evacuate your location or home due to safety concerns. If you are unable to find alternative housing, we will try to match you up with another Deloitte colleague. If you are able to host one of your evacuated colleagues or need emergency housing, please email Northeast Field Operations (subject: NE Evacuation Housing Request) or [redacted] as soon as possible.

Also, please take a moment now to ensure we have your most current personal and emergency contact information by visiting this site on DeloitteNet now.

Visit the following websites for a complete mass transit update:

· MTA
· NJ Transit
· CT Transit
· NJ Path
· SEPTA (Philly) – suspending Sunday only
· MBTA (Boston) – no announcement yet
· CT Transit – no announcement yet

Stay safe,

[redacted]
Northeast Regional Operations Leader

For those of you that were forced to evacuate, hopefully you’ve been able to do so quickly and safely. However, in the unfortunate event that you don’t have a place to go, it’s nice that Deloitte is encouraging its employees to help out their brethren. Our tipster also recognized another possibility:

No word yet on whether they are seeking to keep engagement teams together during the storm so that the client service work can continue.

So, stay productive Green Dotters. But more importantly, stay safe.