Section 404

(UPDATE) The PCAOB’s Statement on the Signing of The Dodd-Frank Act Isn’t Exactly Enthusiastic

~ Includes statement from PCAOB spokesperson

Hey! Did you hear? Dodd-Frank got signed into law yesterday and plenty of people are excited (namely Dodd, Frank, BO) and there are plenty who are not.

The PCAOB, it seems, lands somewhere in the middle. Sure the dopes exempted public companies with market caps under $75 million from complying with 404 but putting things in perspective, the Board is probably just amped that the SCOTUS didn’t kick them off the playground.


To show their gratitude, the PCAOB doesn’t bother mentioning the exemption in their press release from yesterday, instead focusing on…foreign auditor oversight (pretty much a black hole) and authority over auditors of broker-dealers. We understand that playing nice is part of the game but COME ON.

We emailed the nice folks over at the Board to ask them about the 404 exemption but we’re still waiting to hear back from them. Perhaps they’re putting on their smiley faces to address this one since they’ve probably been gritting their teeth for the last 20 or so hours.

A PCAOB spokesperson provided us with the following statement:

The PCAOB believes that the internal control audit report required under SOX Section 404(b) has improved the reliability of financial reporting and audit quality. The Board has taken steps to make sure that the internal control auditing standard is scalable to companies of all sizes and has issued guidance and held educational forums to assist smaller company auditors in understanding how to apply that standard to smaller companies. The internal control audit requirement relates to the content of SEC filings, and SEC Chairman Schapiro opposed the exemption for non-accelerated filers.

So, in other words, the compliance technically falls under the SEC and the PCAOB issues the audit standards but it still has to hit a little close to home.

BPR:

PCAOB STATEMENT UPON SIGNING OF THE DODD-FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT
Washington, D.C. , July 21, 2010

Today’s enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act facilitates the PCAOB’s ability to share information with foreign auditor oversight authorities and closes gaps in the Board’s authority to oversee audits of brokers and dealers.

While the Sarbanes-Oxley Act of 2002 protects the PCAOB’s inspection and investigative processes from public disclosure, it permits the Board, in certain circumstances, to share information with federal and state authorities. However, at the time the Sarbanes-Oxley Act was enacted, very few other countries had audit oversight bodies and, therefore, there was no provision in the Sarbanes-Oxley Act authorizing the PCAOB to share information with foreign authorities. Since that time, many countries have established or are in the process of establishing audit oversight bodies. The Dodd-Frank Act allows the Board, under certain circumstances, to share information with such foreign auditor oversight authorities.

The Dodd-Frank Act also expands the PCAOB’s authority to oversee auditors of brokers and dealers. Under the Sarbanes-Oxley Act, auditors of brokers and dealers were required to register with the Board. The Dodd-Frank Act provides the PCAOB with standard-setting, inspection and disciplinary authority regarding broker-dealer audits.

More information about the PCAOB’s plans to implement this authority and guidance for auditors of brokers and dealers will be forthcoming.

Accounting News Roundup: The Psychology of Cheating on Your Taxes; The Silver Lining in Sarbanes-Oxley; Is It Time to Go Solo? | 04.15.10

Happy Tax Day! It was a breeze right? Hopefully you tax pros have wrapped everything up and the extensions are out the door so you can enjoy a relatively easy day. And if you’re in DC, don’t forget to get yourself a Blizzard.

Why we cheat on our taxes [MSNBC]
Sorry rich folks but it’s mostly your fault that people cheat on their taxes. Yes, that’s right. Once again, the wealthy need to explain themselves with their richy rich ways. Never mind that the complexity of the Internal Revenue Code that encourages the 1040 malfeasance, it’s the perception that the wealthy are all cheating on their taxes (that’s how they got rich after all) so the little guy needs to do whatever it takes to get his.

While the country’s federal tax code is considered progressive, some people feel that it grants the wealthy many loopholes — something that further perpetuates the resentment among those who believe the tax burden can sometimes fall unjustly on those who are least able to afford it.

“Many wealthy people earn income, such as capital gains, that is taxed at lower levels than regular income,” Callahan said. “So, in some cases, a wealthy guy sitting by his pool, living off his stock portfolio is paying a lower tax rate than the guy cleaning his pool. Tax evasion scams by the wealthy are so often revealed, and so there’s the perception that the rich cheat heavily on their taxes. There’s truth to that perception, which is what keeps it alive.”

While the attempt at the psychology behind cheating is a worthy exercise, the facts remain that the wealthy are paying more than their fair share of taxes. Or just ask them, they’ll tell you.

Something to Like about Sarbox [CFO Blog]
Forget Section 404. A less debatable benefit from SOx is Section 403 which “shortened the time between when officers and directors make a change in their stock holdings and when they report it through a Form 4 filing, from within 10 days at the end of the calendar month to just 2 business days.”

Harvard Professor Francois Brochet reviewed more than 50,000 filings from 1997 to 2006 and argues that, not only does Section 403 allow investors to react to insider trades more quickly (which prevents bigger drops in stock prices on suspected bad news, he argues), it allows smaller companies to trumpet their company’s prowess even if they’re not widely covered by analysts. Oh, and the cost is virtually nil compared to 404 compliance.

Hanging Your Own Shingle: Starting a CPA Business [FINS]
Now that today marks the end of another tax season/busy season is it time for you to move on or is it time for you to be the boss?

A recent survey of CFOs indicates that most companies are in no rush to hire and with layoffs coming and/or your post-busy season burn out raging, you’re probably weighing your options. FINS reports that “Roughly three-quarters of the country’s 44,000 tax businesses are one-person shops, according to the American Institute of Certified Public Accountants (AICPA). And almost half of tax accountants work in companies with fewer than 10 employees,” so there’s plenty of people already on their own. Plus, there’s no sign of the tax code getting any simpler, so more and more taxpayers will be needing a professional to help them.