Accounting standards

The Internal Revenue Service position on Circular 230 monetary penalties has generated concern and comments from the American Institute of CPAs, while the American Bar Association Tax Section intends to submit its own comments on the matter.The penalties were announced in Notice 2007-39 earlier this year to implement Section 822 of the American Jobs Creation Act of 2004, which expanded the sanctions that the IRS can impose for certain prohibited conduct to include monetary penalties.

Concerned that companies are investing much in internal controls but then risking it all by not monitoring those controls, COSO, the Committee of Sponsoring Organizations of the Treadway Commission, has issued a discussion document that may eventually become a full set of guidelines on monitoring.COSO chairman Larry Rittenberg said he has been pondering this project ever since the Sarbanes-Oxley Act of 2002's Section 404 went into effect.

Life insurance agents and companies have always tried to find ways of making costs paid by business owners tax deductible.The situation became ridiculous a few years ago with outrageous claims about how Sections 419A(f)(5) and (6) of the Internal Revenue Code exempted employers from any tax-deduction limitations. Finally, the Internal Revenue Service put a stop to such egregious misrepresentations in 2002 by issuing regulations and naming such plans as "potentially abusive tax shelters" (or "listed transactions") that needed to be registered and disclosed to the IRS.

Gerrit Zalm, the former deputy prime minister and finance minister of the Netherlands, has been selected as the new chairman of the trustees of the International Accounting Standards Committee Foundation, which oversees the International Accounting Standards Board, in a sign of the growing influence of the European Union on the standards-setting process.

Nortel Networks has agreed to pay $35 million to settle accounting fraud charges with the Securities and Exchange Commission.

The Public Company Accounting Oversight Board has approved amendments that would reduce the frequency of inspections of accounting firms that do not regularly issue audit reports.

The risk assessment standards, FIN 48, valuation standards, convergence, the rewriting and codification of auditing and accounting standards, ethics interpretations, and other changes impacting the accounting and auditing regulatory landscape are being driven by a number of factors. But when push comes to shove on implementation, the burden squarely falls on the companies that these rules apply to, and on CPA firms’ A&A practice group and A&A practitioners.

The Treasury Department convened an initial meeting of its Advisory Committee on the Auditing Profession as the department aims to improve the competitiveness of the U.S. capital markets.

The European Union is putting the brakes on a push to converge accounting standards by delaying until the end of 2011 the need for companies to use international standards.

Barry Melancon has been leading the American Institute of CPAs since 1995. As president and CEO of the AICPA, he has been keeping busy on a number of fronts this past year. The Institute has been working with Congress on patent reform to keep tax strategy patents from taking hold. Another priority has been CPA mobility, so CPAs face fewer regulatory barriers when practicing across different states. Melancon has also been closely involved with the effort to move toward Extensible Business Reporting Language for financial statements, spearheading an initiative to assign data tags to generally accepted accounting principles. He was recently named co-vice chair of the Center for Audit Quality and to a position on the Treasury Department's new Advisory Committee on the Audit Profession. Melancon is also a member of the AICPA's delegation to the International Federation of Accountants. His accounting career began in 1979 at Bergeron & Co. in Louisiana. Before joining the AICPA, he served for eight years as executive director of the Society of Louisiana CPAs.

The American Institute of CPAs has begun a two- to three-year project to revise its auditing standards in an effort to achieve greater clarity.

Securities and Exchange Commission Chairman Christopher Cox said that regulators in different countries should avoid revising International Financial Reporting Standards to meet the needs of local markets.

The Securities and Exchange Commission has appointed Paul A. Beswick to serve as senior advisor in the SEC Office of the Chief Accountant.

The Securities and Exchange Commission has set up a new unit to speed the move to interactive financial reporting by public companies.

The Center for Audit Quality (CAQ) is living up to its name, as it has issued three white papers in response to the so-called “liquidity crisis” that began in the subprime mortgage-related markets and, according to CAQ, has spread to other corners of the credit markets with “a potentially pervasive impact on public companies generally with respect to investments held.”

The Internal Revenue Service has lost the first round in a much-anticipated test case against Textron Inc., in which it sought judicial approval for a new program seeking tax accrual workpapers during the examination of corporate clients.The IRS is interested in Textron's and others' workpapers, since they document what the company considers its questionable tax positions.

The Internal Revenue Service is not doing enough to match incorrect or missing identification numbers on income and wage statements with existing tax accounts, charged the Treasury Inspector General for Tax AdministrationThe TIGTA noted that in tax year 2004 alone, the IRS received about 3.8 million income statements reporting approximately $150 billion in earnings that could not be matched to a filed tax return because of missing or erroneous ID numbers. Compared to 2001, that represented a 63 percent increase.

In a vote that may have a wide-ranging effect on the accounting profession, House lawmakers voted 220-175 to overhaul patent rules and place a ban on tax-planning-method patents.HR 1908, the Patent Reform Act of 2007, primarily contains provisions that would make it harder to get patents and harder for companies to be sued for patent infringement. However, it also contains a provision that would protect accounting firms from lawsuits over tax-planning methods.

The deadline for compliance with final Section 409A regulations, scheduled for Dec. 31, 2007, should be extended for a year, according to 92 of the largest law firms in the nation.The new regulations, finalized in April, require deferred-compensation plans to be amended to comply with the Internal Revenue Code.

The last few months have seen the problems in sub-prime lending start to have a national and even international impact on the credit and stock markets.The combination of expanded sub-prime lending programs with mortgage rates that adjust upward after two to five years, reduced or eliminated down-payment requirements, and a housing market that has seen real estate prices actually decline in many markets, has left many marginal borrowers unable to pay higher monthly mortgage payments, unable to refinance to more traditional mortgages, and unable to sell homes at a price sufficient to cover the mortgage obligation.