Accounting standards

Planning to pass a business to the next generation, or to non-family members, involves a combination of complex issues requiring legal, tax, financial and management planning.Too often, a business owner devotes her entire career to building the enterprise, but fails to plan for the future of the business. When a thorough succession plan is in place, however, the business owner can anticipate and effectively manage change. The process must involve family members, professional advisors, shareholders, partners and key employees. A successful plan will address many issues, the more common of which are: the decision to pass the business to family, or sell the business to outsiders; the death, disability or retirement of the owner or co-owner; tax and estate planning; and the retention of key employees.

For contributions, bequests, and gifts made after Aug. 17, 2006, the Pension Protection Act of 2006 limits deductions for charitable contributions of fractional interests in tangible personal property. It also provides rules for valuing the donor's additional fractional interest contributions, and provides for recapture of the charitable deduction.In calculating deductions, the PPA requires consistent valuation of all the fractional interests in the same item (or collection of items) of property that has appreciated in value since the initial contribution.

The Securities and Exchange Commission has awarded a trio of contracts totaling $54 million to transform the financial statements in its Edgar database into interactive information.Included in that strategy was some $5.5 million earmarked for XBRL US Inc. to complete the writing of XBRL taxonomies, so that every item in a company's financial statement, such as net income or gross sales, can be assigned a unique, computer-readable label.

The Public Company Accounting Oversight Board will delay implementation for one part of a rule relating to professionals who provide both tax and audit services to companies.Adopted in July 2005, Rule 3523, “Tax Services for Persons in Financial Reporting Oversight Roles,” went into effect on Oct. 31. The rule prohibits auditors from providing tax services to certain members of management who serve in financial reporting oversight roles at an audit client.

H&R Block Inc. said that it will provide better and more transparent notification to customers detailing all the costs tied to its refund anticipation loans.

The Securities and Exchange Commission has filed and settled financial fraud charges against Delphi Corp. and six of the auto parts supplier’s former employees -- including the company’s former chief accounting officer.The SEC charged the company with engaging in a variety of accounting schemes and making material financial misstatements between 2000 and 2004, all resulting in a series of restatements totaling more than $200 million. Delphi settled the charges of financial fraud without admitting or denying the allegations, and no financial penalty was levied against the company.

Intuit Inc. announced that the Securities and Exchange Commission has closed its investigation into the software maker's stock option accounting practices without taking any punitive action.The SEC began its Intuit inquiry in June and in August, Intuit announced that based on its internal investigation of the handling of its stock options dating back to 1997, it wouldn’t need to restate past profits.

Initially, my column was only going to cover that a day after former Enron CEO Jeffrey Skilling was sentenced to 24 plus years, the SEC announced it settled civil fraud charges involving options backdating. The agreement provides for the payment of nearly $2.4 million in disgorgement and prejudgment interest, a permanent injunction, a permanent officer-and-director bar, and suspension from appearing or practicing before the Commission as an accountant.The SEC had charged the former CFO of Comverse Technology, Inc., David Kreinberg and two other former Comverse executives with engaging over many years in a fraudulent scheme to grant undisclosed in-the-money options to themselves and to others by backdating stock option grants to coincide with historically low closing prices of Comverse common stock. The SEC also alleged that Kreinberg and Comverse's former chairman and CEO created a slush fund of backdated options that the former Chairman and CEO used to recruit and retain key personnel.

To assist governments and other public sector entities in appropriately accounting for the costs of employee benefits, a board within the International Federation of Accountants has issued an exposure draft of a new standard.The International Public Sector Accounting Standards Board’s exposure draft No. 31, “Employee Benefits,” is based on the the International Accounting Standard No. 19, of the same name. The draft addresses the same categories of employee benefits -- short-term employee benefits, post-employment benefits, other long-term employee benefits and termination benefits.

In response to a senator’s inquiry, the Government Accountability Office will review the operations of the Securities and Exchange Commission’s enforcement division and compliance department.

The Financial Accounting Standards Board has voted to propose changes to a derivatives rule issued earlier this year affecting the financial statements of asset-backed and mortgage-backed securities investors.The proposal would affect FASB Statement No. 155, “Accounting for Certain Hybrid Financial Instruments,” and allow companies not to account for embedded derivatives that are associated with prepayment risks. Community banks, insurance companies and others may be exempted from having to recognize interest-rate-driven gains and losses on their income statements. Many of those groups had said without such an exemption, their earnings might be more volatile.

A federal panel is recommending changes to governmental accounting that would require the cost of future Social Security and Medicare payments to be accounted for year-by-year as workers accumulate entitlements.

The Securities and Exchange Commission has settled civil fraud charges against the former chief financial officer of Comverse Technology Inc., part of a case that is one of the agency’s first involving options backdating.

An International Federation of Accountants board has issued an exposure draft of a proposed standard, “Impairment of Cash-Generating Assets.”

Former U.S. Treasury secretary and Harvard University president Lawrence H. Summers will join New York hedge fund firm D.E. Shaw & Co. as a part-time managing director."Larry is an enormously gifted economist and has made major contributions as a researcher, a public servant and an academic leader," David Shaw, chairman of the $25-billion fund manager, said in a statement.

The Securities and Exchange Commission announced that thousands of individual investors who made financial claims in the wake of the $11 billion WorldCom accounting fraud will soon receive up to $150 million from an SEC fund set up to help compensate investors for their losses.

The Committee of Sponsoring Organizations of the Treadway Commission issued a request for proposals to develop guidance to help organizations monitor the quality of their internal control systems.

The Public Company Accounting Oversight Board has issued staff questions and answers about auditing the value of stock options granted to employees.The guidance provides direction for auditing a company’s estimation of the fair value of stock options granted to employees under its revised statement on share-based payments, standard, No. 123. The standard became applicable for financial statements of companies with fiscal years ending on or after June 15, 2006.

The managing executive of the Crowe Chizek’s Commercial Services Group will become the chief executive of Crowe Group LLP in April.Charles “Chuck” Allen, 53, will succeed Mark L. Hildebrand, who is completing his second term as the head of the firm. Hildebrand was first named chief executive in 1999.

What’s becoming increasingly apparent as more and more companies reveal the results of internal investigations into the timing of stock options grants to executives, is that there’s really no cut and dry, right or wrong, when it comes to the practice.According to published reports and independent research groups, upwards of 130 publicly traded companies have announced that they are looking into their own options-granting practices -- and the actual number is surely much, much higher than that. But with many of those investigations wrapping up, what comes now?