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A quick word of thanks to this week’s advertisers on Going Concern:
If you’re interested in advertising on Going Concern, email us at advertising@breakingmedia.com.
Thanks!
So today marks the last major deadline for those working on SEC filers and that could mean that your life belongs to you once again. We should also mention that March 31st is a major deadline for many non-SEC clients so there are a lot auditors rejoicing today (or completely losing their shit).
Whether you plan on celebrating the end of your busy season by drinking yourself blind or sleeping at home rather than the office, is matter of personal choice. There will be no shortage of celebrations anyway – clients, team members and if you’re lucky, a firm-wide celebration after the tax trolls cross their finish line.
This also means that the talk of merit increases, promotions and layoffs will start swirling. PwC and E&Y have already re-reassured their troops that raises are coming this year. Some offices have seen the exodus begin so things will remain interesting and we definitely want to know about it.
Not everyone will be raging however. The aforementioned tax return jockeys still have two weeks of listening to ball-baby clients. For those that are still chasing their CPA, maybe you take a breather or maybe you just keep killing yourself and granted, some audit teams (e.g. Overstock.com) are still working but if you passed the finish line today, congrats, well done, yada yada yada.
As you’re no doubt aware, the IRS has taken exception with the notion that many of our favorite celebrities and athletes can do no wrong. As detestable as this thought might be, Doug Shulman and his merry band of tax collectors are not impressed with these pillars of the community turning a blind eye to their patriotic obligations.
Some of the latest examples of celebrity tax avoidance:
• Corey Feldman – Technically it’s Corey Feldman Inc. that owes the IRS $31k but same diff.
• Faith Evans – Widow of Notorious B.I.G. Grammy winner. Soon-to-be reality TV star. The combination of these things somehow doesn’t allow her to scrape together $360k.
• Mel Blount – Okay, we have to admit that we don’t know who the hell this guy is but the sports historians and the entire city of Pittsburgh are probably familiar. For everyone else – he’s a former Steelers’ cornerback that was elected to the Hall of Fame in 1989. He owes taxes for every year from 1994 to 2006 (with the exception of ’07) for grand total of $652k. Seriously, this is f—ing ridiculous. Even Nicolas Cage manages to file a tax return once a decade. There’s not one CPA in all of the ‘Burgh that can help this guy?
As the title indicates, our advice to these people is to get in touch with Luda “I pay more in taxes than most people would ever imagine” cris ASAP. Whether he’s mastered TurboTax or managed to find a solid CPA, it doesn’t matter because, as you might recall, “you will never hear about Ludacris owing the damn IRS no damn money.”
Source: Tax Watchdog
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What is in the water up in America’s Dairyland? We’ve been going on and on about the internal control failures at Koss in Milwaukee but now there’s more of it at a non-profit organization just up the road. Let’s hope everyone at UW Madison is taking notes.
The latest tale of non-profit fraud stars 56 year-old Leonard V. Lauth of Beaver Dam.
Wings Over Wisconsin bills itself as a conservation organization dedicated to natural resource preservation and education through youth and community involvement. Spelling errors and obvious lack of updates since 2006 on its website aside, WOW manages nearly 1,300 acres of land and provides mostly young hunter education to the future gun-toting blue-stater babes in Wisconsin.
While it prides preservation of Wisconsin’s precious wetlands, internal controls do not appear to be high on WOW’s priority list. Hopefully this changes that.
It’s a textbook fraud case, starting with the mounting medical bills and the poor internal controls that allowed its Treasurer to lift $16,875 since 2005. Lauth’s advanced methods of fraud include writing checks to himself labeled “office supplies” in the books and taking home banquet funds after the event insisting he’d deposit them at the bank in the morning.
While typically WOW practice to require two signatures, Lauth had been with the organization for 24 years, leaving the “trust” issue totally taken care of. Opportunity, motive, what else do we need?
Rationalization, of course! Lauth told Beaver Dam Police Lt. Joel Kiesow he thought he’d taken $788 from the organization in the four year period in which he executed his fraud. When informed it was more like $17,000, Lauth was shocked. I guess he didn’t realize how expensive “office supplies” can be these days.
“Maybe I was robbing Peter to pay Paul on different things,” said Lauth in regards to using WOW funds to pay off family medical bills. Actually, he was robbing the little Dustins and Bobbys with their baby shotguns and wildlife of Wisconsin who counted on the funds to which he so sloppily helped himself. Shame shame.
Let this be a lesson to all you non-profits: cash management and financial literacy (including fraud prevention measures) are not only best practices for public companies and private industry. If anything, non-profits need sharper internal controls – without shareholders to answer to, money can easily slip into the fraud vacuum undetected for years, as in the case of Mr Lauth and WOW.
Calls to WOW left after business hours were not returned.
Man accused of taking funds from non profit [Beaver Dam Daily Citizen]
• Tax Freedom Day 2010 Is April 9; Historically Massive Deficits Promise Later Tax Freedom in the Future [Tax Policy Blog]
This year April 9th marks, Tax Freedom Day. That’s 99 days of work for you to pay all your federal, state and local taxes for 2010. This is only one day later than last year but two weeks earlier than 2007, according to the Tax Policy Blog. However, TPB notes that the earlier tax freedom isn’t really much to get excited about.
Tax Freedom Day does not count the deficit even though deficits must eventually be financed. Since 1948, when Tax Freedom Day was first calculated, the difference between what governments are spending and what they’re collecting has never been as great as during 2009 and 2010. If Americans were required to pay for all government spending this year, including the $1.3 trillion federal budget deficit, they would be working until May 17 before they had earned enough to pay their taxes—an additional 38 days of work.
• Expressing a Going Concern Doubt on the United States Government, Not According to GAAP [JDA]
Speaking of deficits, what does the U.S. Government’s deficit look like on a GAAP basis? Somewhere in the nabe of $4 trillion. But before you get all huffy about spendy Democrats, this is true bipartisanship at work. The deficit that includes social security and medicare was $11 trillion in 2004 and was all over the map throughout the aughts. Anyone thought of giving the U.S. a GCO?? AG notes that it’s a bit of problem when the government can’t even make things look rosy, “[W]hen even the government accounting makes things look bad (see: pensions), you really know you’ve got a problem on your hands.”
• Google’s Schmidt Got $245,322; CFO Paid $24.7 Million [Bloomberg BusinessWeek]
The $24.7 million in total comp that Patrick Pichette received for ’09 was up from $7.63 million in ’08, the year he joined the company. Most of this year’s haul was from $10.9 mil in stock awards and $10.8 in stock options. His salary was only a measly $450k.
“There’s no chance that four CEO’s are going to explain the accounting code to the fine folks in Congress; explaining how to boil water would challenge the format.”
~ Megan McArdle, Business and Economics Editor of the Atlantic, on why asking CEOs to explain why they are complying with GAAP vis-à-vis healthcare reform is a pointless exercise.
Yesterday we explained why sin taxes can work, despite the feelings of those that just want to tell the religious types to GTFO of the legislative process. While we agree that religious based legislation is a bad — nay — a horrendous idea, since more states refuse to legalize and tax certain things like marijuana, gambling, prostitution, among others, our elected officials have started coming up with even far worse ideas that the Texas pole tax.
The Times ran a story over the weekend that examined various states and what types of services they are taxing to close their budget gaps. While many states are considering taxes on professionals like lawyers and accountants, legislators in other states have gotten so desperate it appears they’re just pulling ideas straight out of their asses:
In Nebraska, a lawmaker has introduced a bill to tax armored car services, farm equipment repairs, shoe shines, taxidermy, reflexology and scooter repairs. In Kentucky, Jim Wayne, a state representative, and some fellow Democrats are proposing taxing high-end services: golf greens fees, limousine and hot-air-balloon rides, and private landscaping.
In June, voters in Maine will decide whether to accept a state overhaul of its tax system that would newly tax services like tailor alterations, blimp rides, and entertainment provided by clowns, comedians and jugglers.
We get it. States are desperate for revenues but these are the ideas? A juggler tax? Taxing your shoe shines? How’s this idea for taxing a service? Prostitutes! A service is being provided, yes? Make it a 50% tax, whatever the hell you want. Plus, more people getting laid might actually cut down on the crazies taking matters into their own hands.
We decided to get a service provider’s (not a prostie) thoughts on the matter, so we asked resident GC tax expert Joe Kristan for his thoughts:
Being a service provider myself, I can’t say I’m excited about the idea. Still, standard tax theory would say that services should be covered to make the tax as broad as possible, allowing (in theory) a lower rate. Iowa taxes a bunch of services, including foot reflexologists (you’d thank that would take care of the budget right there), but CPAs and lawyers are exempt. I’d say it’s because we’re special, but mostly it’s because we have special lobbyists.
All right, so maybe there’s a “theory” to it but something tells us it has nothing to do with taxing clowns.
States Seeking Cash Hope to Expand Taxes to Services [NYT via Web CPA D&C]
As we mentioned this morning, t wn to brass tacks on these repurchase agreements that have captivated the entire financial world. Maybe “captivated” is overstating it but there’s been no shortage of commentary out there blaming Lehman’s shifty accounting ways for nearly ending the entire world as we know it.
The SEC let Lehman Brothers and Ernst & Young take their public beatings but now they’re moving on. The Commish’s Division of Corporation Finance sent out the following letter to “certain public companies” (aka banks) this month in order to get the scoop on their repos.
Furthermore, you should probably take this letter as a good indication of how the SEC feels about them in general, sayeth Edith Orenstein, ” would suggest companies, auditors, legal counsel, and audit committees consider such “Dear CFO” letters as illustrative of the SEC’s general view on accounting and disclosure matters for the issue(s) addressed in the letter.”
Oh yeah, about that letter. It’s long and has plenty of standard SEC vernacular so we’ll give you the abbreviated version (although the full thing appears below for you sickos).
“For those repurchase agreements you account for as collateralized financings, please quantify the average quarterly balance for each of the past three years. In addition, quantify the period end balance for each of those quarters and the maximum balance at any month-end. Explain the causes and business reasons for significant variances among these amounts.”
Translation: “Listen you shifty bastards, we know you move that sh*t off the books right before the end of the quarter. You won’t be able to hide it when we ask you for the averages.”
“[I]f you accounted for repurchase agreements, securities lending transactions, or other transactions involving the transfer of financial assets with an obligation to repurchase the transferred assets as sales and did not provide disclosure of those transactions in your Management’s Discussion and Analysis, please advise us of the basis for your conclusion that disclosure was not necessary and describe the process you undertook to reach that conclusion.”
Translation: “We’re guessing you didn’t tell anyone that you were parking a bunch of capital sucking crap off your books in your MD&A. If that’s the case, you get to explain to us, in excruciating detail, how you came to that asinine conclusion.”
If the Commission isn’t satisfied, it’s likely that the next step will be an interrogation in a poorly lit room. When your handlers leave, an incessant buzzing sound will commence until you soil yourself. Then they’ll try asking you again. Keep your fingers crossed that you don’t get a letter.
Dear Chief Financial Officer:
We are currently reviewing your Form 10-K for fiscal year ended ______. In our effort to better understand the decisions you made in determining the accounting for certain of your repurchase agreements, securities lending transactions, or other transactions involving the transfer of financial assets with an obligation to repurchase the transferred assets, we ask that you provide us with information relating to those decisions and your disclosure.
With regard to your repurchase agreements, please tell us whether you account for any of those agreements as sales for accounting purposes in your financial statements. If you do, we ask that you:
• Quantify the amount of repurchase agreements qualifying for sales accounting at each quarterly balance sheet date for each of the past three years.
• Quantify the average quarterly balance of repurchase agreements qualifying for sales accounting for each of the past three years.
•Describe all the differences in transaction terms that result in certain of your repurchase agreements qualifying as sales versus collateralized financings.
•Provide a detailed analysis supporting your use of sales accounting for your repurchase agreements.
• Describe the business reasons for structuring the repurchase agreements as sales transactions versus collateralized financings. To the extent the amounts accounted for as sales transactions have varied over the past three years, discuss the reasons for quarterly changes in the amounts qualifying for sales accounting.
• Describe how your use of sales accounting for certain of your repurchase agreements impacts any ratios or metrics you use publicly, provide to analysts and credit rating agencies, disclose in your filings with the SEC, or provide to other regulatory agencies.
• Tell us whether the repurchase agreements qualifying for sales accounting are concentrated with certain counterparties and/or concentrated within certain countries. If you have any such concentrations, please discuss the reasons for them.
• Tell us whether you have changed your original accounting on any repurchase agreements during the last three years. If you have, explain specifically how you determined the original accounting as either a sales transaction or as a collateralized financing transaction noting the specific facts and circumstances leading to this determination. Describe the factors, events or changes which resulted in your changing your accounting and describe how the change impacted your financial statements.
• For those repurchase agreements you account for as collateralized financings, please quantify the average quarterly balance for each of the past three years. In addition, quantify the period end balance for each of those quarters and the maximum balance at any month-end. Explain the causes and business reasons for significant variances among these amounts.
In addition, please tell us:
• Whether you have any securities lending transactions that you account for as sales pursuant to the guidance in ASC 860-10. If you do, quantify the amount of these transactions at each quarterly balance sheet date for each of the past three years. Provide a detailed analysis supporting your decision to account for these securities lending transactions as sales.
• Whether you have any other transactions involving the transfer of financial assets with an obligation to repurchase the transferred assets, similar to repurchase or securities lending transactions that you account for as sales pursuant to the guidance in ASC 860. If you do, describe the key terms and nature of these transactions and quantify the amount of the transactions at each quarterly balance sheet date for the past three years.
• Whether you have offset financial assets and financial liabilities in the balance sheet where a right of setoff — the general principle for offsetting — does not exist. If you have offset financial assets and financial liabilities in the balance sheet where a right of setoff does not exist, please identify those circumstances, explain the basis for your presentation policy, and quantify the gross amount of the financial assets and financial liabilities that are offset in the balance sheet. For example, please tell us whether you have offset securities owned (long positions) with securities sold, but not yet purchased (short positions), along with any basis for your presentation policy and the related gross amounts that are offset.
Finally, if you accounted for repurchase agreements, securities lending transactions, or other transactions involving the transfer of financial assets with an obligation to repurchase the transferred assets as sales and did not provide disclosure of those transactions in your Management’s Discussion and Analysis, please advise us of the basis for your conclusion that disclosure was not necessary and describe the process you undertook to reach that conclusion. We refer you to paragraphs (a)(1) and (a)(4) of Item 303 of Regulation S-K.
As noted above, we seek to better understand the basis for your decisions and your disclosure. Please provide us with a written response to these questions within ten business days from the date of this letter or tell us when you will respond. Upon our review of your response to these questions, we may have additional comments that we will provide to you with any other comments we may have on your Form 10-K.
Please contact me if you have any questions.
Sincerely,
Senior Assistant Chief Accountant
In what should come as no surprise, social media and its effect on the job market continues to be a conversational presser. The topic is often discussed by nobodies (like myself) in online environments like Twitter and blogs (here’s looking at you, GC), but as the topic shifts from the Wild West of the Internet blog-o-sphere and into dinner conversation circles, CNN is jumping on the topic.
CNN’s article expanded on a recent study by Microsoft that “found that 79 percent of United States hiring managers and job recruiters surveyed reviewed online information about job applicants. In fact, 70 percent of United States hiring managers in the study say they have rejected candidates based on what they found.”
You read that correctly – 79 percent of recruiters and hiring managers Google stalk their candidates. If this was a toothpaste study, that’d be 4 out of 5 dentists. Convincing, right?
As busy season winds down and the itch to test the job market becomes irresistible, what should you do? Many of the people interviewed in CNN’s piece changed their Facebook profile names to be something other than their first and last names. This is all fine and dandy except for the fact that profiles can still be searched by email address, employer and school networks, and geographical location. So yeah, switching your name from Jay Smith to Jay Tizzy is great until your recruiter types the email address on top of your resume into Facebook and finds your page.
What should you do? I covered the importance of Facebook etiquette a few weeks back (refresher can be found here), and I can’t stress how important it is to take advantage of their privacy settings. Once you set them accordingly you should test them out yourself. Log out of Facebook, Google yourself, and click on the search result that is for your public profile. What you’re able to see this way is exactly what your recruiter or potential new boss is limited to.
Pictures of last weekend’s rager? Probably not a good idea. Tighten up your security settings until you’re satisfied with how you’re represented online.
International Financial Reporting Standards (IFRS) will continue to be more prevalent in the accounting landscape. Regardless of the SEC’s strategy of procrastination, it is the opinion of many that it’s a matter of “when” the standards will ultimately be adopted by public companies in the United States, not “if.”
There are many questi have related to this important issue. Accordingly, we’re opening a dialogue with experts of all opinions about IFRS so that you may be better prepared for this monumental development in financial reporting.
Bob Bunting is the President of the International Federation of Accountants (IFAC). Mr Bunting is former Chairman of the AICPA Board of Directors and the former Chairman and CEO of Moss Adams, serving in that role from 1982 to 2004. He currently serves as the lead partner for Moss Adams’ International Services Group.
Do you support the adoption of International Financial Reporting Standards in the United States? Please explain why or why not.
We definitely support the ultimate adoption of IFRS for publicly listed companies in the United States. Our principal trading partners, including Europe, Canada, China, India, Brazil, and Mexico, have already either adopted IFRS or are well on their way to a mandatory adoption date. Most U.S. public companies have at least some exposure to foreign markets and will have to grapple with IFRS even if it’s not the U.S. standard. The cost of conversion to IFRS in the United States will pale in comparison to the long-term costs of dealing with a dominant world standard (IFRS) for out-of-country reporting and having to maintain U.S. GAAP systems and reports for U.S.-only reporting.
What’s the most common argument you hear against IFRS?
There are a number of myths associated with IFRS. One is that it’s a “foreign” standard. In fact, the United States has been a dominant force in the International Accounting Standards Board (IASB) from its inception, and the convergence process between the IASB and the U.S. FASB has profoundly affected the shape and direction of IFRS for many years. Another complaint is that IFRS might not be “robust” enough for the U.S. market. This comes in part from the fact that IFRS is principles-based and U.S. GAAP is rules-based. Codified U.S. GAAP runs approximately 17,000 pages of text because of its rules orientation, whereas IFRS runs fewer than 3,000 pages. Since the FASB and IASB have been on a path to converging the two standards for more than six years, it’s hard to argue that one standard is more robust than the other.
If I’m a client that is skeptical of IFRS how do you convince me that A) it’s the best thing for my company from a financial reporting perspective and B) it’s the best thing for my company from a cost perspective?
IFRS may not be the best near-term option for a purely domestic U.S.-based company. However, companies with substantial international footprints have found that the cost of operating under two standards is far greater than operating under one. This cost will seem increasingly burdensome if the United States becomes the only country in the world not using IFRS.
Does it make a difference if the United States follows one set of rules and the rest of the world follows another set of rules?
It could make a huge difference, as the U.S. banking industry discovered in the early stages of the financial crisis. A good illustration of this is the debate over fair value. Multinational companies compete for capital globally. If U.S. and international standards require different approaches to fair value, it’s highly likely that either U.S. companies or their foreign competitors may find that their respective financial performance looks better or worse under one set of standards than the other. Companies reporting under the more attractive standard may report better results. In extreme cases those results could be the difference between apparent success and technical violation of lending covenants or even bankruptcy.
It’s a big challenge for accounting professionals to keep up with the rules that they currently follow. Is it reasonable to expect them to prepare for a switch to standards that will drastically change their methods?
We recognize that many accountants might be tempted to make this argument. However, as capital, trade, and even small companies become more global, an ever-larger portion of the accounting profession has been forced to learn at least two standards (IFRS and U.S. GAAP). This large and growing portion of the accounting workforce recognizes that one standard is a lot easier to keep up with than two. As IFRS grows in its dominance—and make no mistake, it’s overwhelmingly the dominant standard—U.S. accountants run the risk of having their skills marginalized and their job prospects limited by their desire to avoid change.
Only a small number of colleges and universities are implementing international rules and standards in their curriculum. How will higher ed catch up?
I visit with many U.S. accounting professors in my role as president of IFAC. Virtually all that I have met with are introducing IFRS content in their accounting curriculum. Most seem to accept that IFRS is an eventual certainty, and they would love to have better guidance from the regulators so that they can plan for transition better. Additionally, financial reporting is only one part of an accounting education. Integrating IFRS into a curriculum should involve three or four classes out of dozens that accounting students are required to take.
How would you respond to the argument that the only people that will benefit from the conversion to IFRS are the partners in large public accounting firms?
While adoption of IFRS in the United States will create new revenues for some accounting firms, they won’t be the principal beneficiaries. I’m pretty sure that the SEC commissioners did not confirm the IFRS road map to enrich accountants of any stripe. IFRS adoption is ultimately necessary to keep U.S. businesses competitive in the global contest for capital and investors. U.S.-based multinational companies have been strong supporters of IFRS adoption as a means of reducing their financial reporting costs and ensuring a level playing field with their foreign competitors. This ultimately benefits U.S. investors, and this is whom the SEC commissioners are charged with protecting.
The SEC remains cautious with regard to IFRS. What is your reaction to their recent announcement?
The SEC is charged with protecting U.S. investor interests. They’ve expressed concern about the lack of investor input during the comment period following the original publication of the road map. They’ve committed to gathering further input from investors as part of the new work plan. The fact that the commissioners recommitted to the road map, with some changes, suggests that they think adoption of IFRS is more likely than not to be in investors’ best interests. It seems prudent to be cautious and seek more input, but we doubt that the outcome of this process will do much to change the commissioners’ decision.
Credit Suisse is looking for an experienced professional to join their Chief Financial Officer Division as a Head of Valuation Testing Reporting.
The position is responsible for the collection of valuation testing results across all Investment Bank business units and consolidates those results in a monthly presentation to senior management and quarterly presentation to the Audit Committee among other duties.
The position requires a minimum of seven years experience and is located in New York. Get more details after the jump.
Company: Credit Suisse
Title: Head of Valuation Testing
Location: New York
Description: This person is responsible for managing the technology for collecting the valuation testing results, summarizing the results and providing ongoing guidance to the business unit product controllers on valuation testing policies and procedures. The material this person is responsible for preparing will be reviewed by the Global Head of Product Control, the CFO and the Audit Committee.
Responsibilities: Primary deliverable is the Monthly Consolidated Inventory Valuation Review for the Investment Bank. There are also additional monthly deliverables to Product Control that summarize valuation testing metrics, exception reports and other control-related reports or processes; This person will be a key participant in the development of next generation valuation testing reporting systems and will work closely with the Product Control Reporting Group and the Strategic Process Change Group on enhancing existing systems and defining requirement for future development; This person will also work closely with his/her peers within VRG in defining new policies and procedures and guidelines for implementation of policies and procedures. Additionally this person will be a point person for communication with his/her peers in Product Control Price Testing.
Qualifications: This person needs to be organized and be able to organize a complex consolidation and reporting function such that it is most efficient and minimizes errors. Organization extends to the process of collecting information, synthesizing/editing, presenting and storing the results; This person should have experience in management reporting in a Global Investment/Commercial Bank with experience in reporting price testing results. A working knowledge of the investment banking products of derivatives, cash instruments, and structured products is a must; This person should understand the different roles of control in an investment/commercial bank and the interactions between product control, reporting, financial accounting, etc.; This person should have experience in developing technology solutions for their business with specific experience in management reporting a definite plus.
See the entire description over at the GC Career Center and visit the main page for all your job search needs.
This story is republished from CFOZone, where you’ll find news, analysis and professional networking tools for finance executives.
Most investors appreciate seasonality. They get that retail peaks around Christmas and that your big back to school sale will be in August.
Still, some executives like to remind us that their business is busier at certain times of the year than at others. And it’s not uncommon for execs to claim the weather ate their earnings.
All in all, these explanations are pretty lame. Either investors already understand the business cycle or they don’t want to hear the excuse.
Given that, I like the approach of Carol Tome, CFO of Home Depot.
At a retail conference sponsored by Citigroup, “Tome said that while the retailer hates to be one that cites the weather for sales trends variability, Home Depot does experience that, and it has seen ‘great variability’ in weather conditions across the country so far this year.”
So, there you go. Tome agrees that blaming the weather is lame. But, at the same time, you have to agree that the weather this year has been pretty outrageous, right?
Then again, Tome isn’t totally going to hide behind the clouds.
“Nothing has come to our attention that suggests we can’t hit the financial objectives that we’ve set forth,” she said, according to Dow Jones.
In the end, if you’re a Home Depot investor, pray we don’t have a June like last year.
“When the sun is shining, we’re very, very pleased with our performance,” Tome said.