Accounting standards

A letter drafted by technology sector lobbyists is making its way through Congress asking lawmakers for support in their battle against expensing stock options. The letter, which is scheduled to arrive on the desk of Securities and Exchange Commission Chairman William Donaldson on Monday, Feb. 14, requests that the regulator delay the June 15, 2005, implementation date, and recommends that the agency conduct an impact study on options expensing. The letter, of which WebCPA received a copy, specifically exhorts the regulator to: o Field test valuation methods "to ensure the methods imposed on all public and private companies make sense and not adversely affect our nation's economy." o Conduct, along with the Labor and Commerce Departments, "a comprehensive impact study before any standard is implemented. There is little doubt that the economic, labor and global competitiveness impact of stock option expensing could be severe." A representative for TechNet -- a bipartisan network of technology sector chief executives who represent more than one million employees -- said that he was aware of the letter, but that the group was not the one behind it. "The SEC has to realize that 14 million people own stock options, so it's not just for top executives. It's a much larger issue than that." In July, House lawmakers overwhelmingly passed their own stock option bill, H.R. 3574, which mandates expensing options only for a company's top five executives.

Securities and Exchange Commission Chairman William Donaldson said that his agency would examine the possibility of modifying or rewriting some current rules, such as the ones requiring stricter internal controls, granting investors power to nominate board members, and governing the methods in which stocks are traded. In published reports, Donaldson said that, while the regulator might be considering any or all of the above-mentioned refinements, the SEC has not abandoned its plans to impose fines for both individual and company wrongdoers. Donaldson said that he hopes the watchdog will approve a measure that would give shareholders more power to elect board members of their choosing, but the rules in their present form may have to be rewritten. A host of business groups have lobbied against the shareholder-nominating proposal, claiming it would cater to special interest groups.

While the current Social Security system is not in crisis mode, it faces serious problems with regard to solvency and sustainability, according to the Government Accountability Office. The auditor general said that if nothing was changed with the 70-year-old program until 2042, "achieving an actuarial balance" would require a 30 percent reduction in benefits or a 43 percent increase in payroll taxes. The GAO also labeled Social Security's problems "a subset of our nation's overall fiscal challenge." Absent reform, the country would have to choose among escalating federal deficits and debt, gargantuan tax increases, or federal budget cuts. However, the GAO warned that when evaluating any reform measure, financial stability should not be the sole criteria. A equitable balance with regards to benefits, as well as administrative and operational issues, also require consideration. The auditor general added that any changes enacted with Social Security should be made "in the context of the broader challenges facing our nation," such as those concerning private pension systems, Medicare and Medicaid.

Securities and Exchange Commission chief accountant Donald Nicolaisen told lawmakers that the regulator is conducting a top-down examination of mortgage-financing concern Fannie Mae. In prepared remarks before a House subcommittee, Nicolaisen said that, although he could not discuss the ongoing investigation, the SEC staff is "thoroughly" investigating accounting practices at the company. In December, the SEC determined that Fannie Mae's accounting practices didn't comply with generally accepted accounting principles, and told the company to restate its financials for the years 2001 through 2004. As a result, company's chief executive and chief financial officer have departed.

The Securities and Exchange Commission said it will host a roundtable -- possibly in April -- to discuss on how auditors and their smaller publicly traded clients are dealing with the Section 404 internal controls requirements of Sarbanes-Oxley. SEC Chairman William Donaldson has asked for an "appropriate delay" for smaller public issuers and non-U.S. companies whose compliance deadline was scheduled for July 15, 2005 and whose market cap is between $75 million and $700 million. Large U.S. companies, above that threshold, are already required to comply with the internal controls mandate as of Nov. 15, 2004. SEC chief accountant Don Nicolaisen said if a delay is provided, companies should use that time to continue documenting and testing internal controls.

As expected, the European Union Commission has mandated that European-listed companies expense stock options. The law, which must be applied retroactively from Jan. 1, 2005, applies to roughly 8,000 companies. Late last year, the E.U. lobbied hard for the expensing rule, but in order for it to be enacted into law it had to be approved by the European Parliament. In the U.S., companies must begin expensing stock options from June 15. Much like in the U.S., where options expensing was met with a flurry of lobbying activity -- especially from the technology sector -- many of Europe's biggest conglomerates had attempted to delay the expensing rule until it became effective in the U.S.

Just in time for consideration by President Bush's new bipartisan panel on tax reform, National Taxpayer Advocate Nina Olson told Congress that the complexity of the Internal Revenue Code is the most serious problem facing both taxpayers and the Internal Revenue Service.

What's the difference between Enron and the United States government?

President George W. Bush has named two former senators to lead a new nine-member bipartisan panel charged with arriving at options to reform the tax code.

In an effort to aid smaller publicly traded businesses with internal controls compliance, the Committee of Sponsoring Organizations said that it would offer online guidance for internal controls assessment by the summer.

The Financial Accounting Standards Board is going back to that deep, dark place where accounting standards come from - the conceptual framework that underlies it all.

We have been writing on the Conceptual Framework in response to the Financial Accounting Standards Board's announced intent to strengthen it. We've discussed the objective of financial reporting, the political situation and its problems, the overarching importance of cash flows, and the nature of relevance and reliability.

Securities and Exchange Commission chief accountant Donald Nicolaisen is scheduled to testify this week before a House subcommittee about the commission's decision that Fannie Mae violated accounting rules.

Fannie Mae has reportedly recruited former Securities and Exchange Commission chair Richard C. Breeden to help it deal with a potential $9 billion restatement, while its former chief executive has relinquished two board seats.

The American Institute of CPAs named Ben Neuhausen, national director of accounting at BDO Seidman, as chairman-elect of its Accounting Standards Executive Committee.Neuhausen will succeed KPMG's Mark Bilstein in that post following the conclusion of the next AcSEC meeting.As an AcSEC member, Neuhausen chaired the AICPA task force on real estate time-share transactions. He also has served as a member of FASB's Interpretation 46 Resource Group and its Liabilities and Equities Resource Group. From 1979 to 1981, he was a Financial Accounting Standards Board fellow.Prior to joining BDO in 2002, Neuhausen was a partner in the Professional Standards Group at Andersen.The institute's AcSEC unit provides accounting guidance and serves as the organization's voice on financial reporting matters. It includes members from academia, business and industry, and public practice.

A critic from Washington-based think tank the American Enterprise Institute has called on Congress to terminate the Public Company Accounting Oversight Board within five years and fold the oversight body into the Securities and Exchange Commission.

The American Institute of CPAs' Auditing Standards Board is poised to issue an exposure draft of five proposed statements and amendments to statements relating to auditors' risk assessment.

Penthouse International Inc., one of its former officers and a shareholder are facing civil charges by the Securities and Exchange Commission related to allegations that the former Penthouse magazine publisher violated federal securities laws and improperly booked $1 million in revenue.

Jonathan B. Orlick, former general counsel of Gemstar-TV Guide International Inc., was barred from serving as an officer or director of a public company for 10 years and agreed to pay more than $305,000 to settle charges brought against him by the Securities and Exchange Commission for his alleged role in helping the firm overstate revenue by more than $248 million over a three-year period.

Taxpayers who misreported their income to snare unjustified Earned Income Tax Credits are draining $2 billion a year from the U.S. Treasury, auditors at the Government Accountability Office recently told Congress.