Earmark CPE

Earn CPE Anytime, Anywhere

Archives for March 2024

Navigating the Ever-Changing Tax Landscape: Insights from Federal Tax Updates Podcast

· ·

In the fast-paced world of taxation, staying ahead of the curve is not just a matter of professional excellence; it’s a necessity for survival. The latest episode of Federal Tax Updates, hosted by Roger Harris and Annie Schwab, delves into the complexities of the current tax landscape, highlighting the challenges businesses and individuals face in staying informed and compliant.

Worker Classification: A Tightrope Walk

One of the most significant challenges in the current tax environment is navigating the intricacies of worker classification. With the Department of Labor (DOL) introducing a new six-factor test and the IRS maintaining its own rules, businesses must stay vigilant to avoid misclassification and its potential consequences.

As Roger Harris pointedly remarks, “We all understand the temptation and the belief that you can treat a worker as an independent contractor for 90 days until they work out. However, there’s no provision that allows for that.” This underscores the need for businesses to proactively understand and comply with worker classification rules to avoid penalties and legal issues.

COVID-19 Relief Measures: Staying Afloat in Uncharted Waters

The ongoing changes to COVID-19 relief measures, such as the Employee Retention Credit (ERC) and pending legislation, present another challenge for taxpayers. The moratorium on processing ERC claims and the voluntary program for those who may not qualify has created uncertainty for many businesses.

Roger Harris encapsulates this dilemma: “If a client comes in who is eligible for the Employee Retention Credit but has not applied for it yet, you’re between a rock and a hard place. Technically, the law still allows them to apply, but there’s a law floating around that could make it retroactive.” This highlights the importance of staying informed about the latest developments and adapting quickly to new circumstances.

Preparing for the Future: Navigating Tax Law Changes and Expirations

Looking ahead, businesses must also prepare for the potential expiration of Tax Cuts and Jobs Act (TCJA) provisions and the influence of political factors on tax policy. Roger Harris notes, “Election day is the first Tuesday in November. You may hear people talk about potential tax law changes, but I don’t expect anything to happen until after that election. We’ll get a sense of who’s calling the shots, but it’s going to be a major change.”

This uncertain landscape underscores the need for businesses to stay informed, consider the impact of potential changes on their financial planning, and cultivate a proactive and adaptive mindset.

Key Takeaways for Tax Practitioners and Their Clients

The hosts offered this advice to tax pros and their clients:

  • Stay informed about the latest developments in worker classification rules, COVID-19 relief measures, and potential tax law changes.
  • Seek guidance and understand the nuances of these developments to avoid penalties and ensure compliance.
  • Cultivate a proactive and adaptive mindset to navigate the ever-changing tax landscape effectively.
  • Stay attuned to the political climate and its influence on tax policy for effective long-term planning and strategic decision-making.

The Path Forward: Thriving in a World of Constant Change

As the tax landscape continues to evolve, tax practitioners and their clients must embrace a mindset of continuous learning and adaptation. By staying informed, seeking guidance, and remaining proactive, businesses can confidently navigate the current environment’s complexities.

The insights shared in this episode of Federal Tax Updates serve as a valuable compass for those navigating the ever-changing tax landscape. Listen to the full episode to dive deeper into these critical topics and gain more valuable insights.

The Eroding Trust in Audits: Confronting a Crisis of Confidence

· ·

In a stunning courtroom moment, auditing giant BDO argued that its own audit opinions were too generic to be relied upon by investors. This shocking admission underscores a disturbing trend: the rapid erosion of trust in the value of audits.

In this eye-opening episode of The Accounting Podcast, we sit down with accounting professor Ed Ketz to confront the harsh realities facing the auditing profession amidst a crisis of confidence. How have the limitations of audit opinions, the pass/fail nature of audits, and high-profile failures contributed to this erosion of trust? What does the alarmingly high rate of audit deficiencies reveal about the state of the profession? Can the value of audits be restored, or are we facing a fundamental reckoning?

The Limitations of Audit Opinions

At the heart of the trust crisis lies a troubling question: How much value do audit opinions provide investors? In the AmTrust case, BDO made a jaw-dropping argument that strikes at the core of the audit’s purpose. As Prof. Ketz explains:

“Essentially, they said that the audit opinion is just too general. It cannot be refined or dug down into very far, and therefore, it really couldn’t have value. Therefore, they wanted the case dismissed. They said it was not actionable because it didn’t say anything, which is an incredible statement for an accounting firm. They’re basically trying to talk themselves out of a business.”

This stunning admission from an audit firm raises doubts about the usefulness of opinions in their current form. If the auditors themselves disclaim the value of their work, how can investors be expected to rely on it?

The Pass/Fail Problem

The binary pass/fail system of audits has also come under scrutiny as a contributing factor to the erosion of trust. As I pointed out: “When we have this pass/fail system where the bar is seemingly very, very low, and very few companies ever actually fail an audit, we have this system that just doesn’t create much value anymore for investors. If we want the audit to have value and the CPA to be valuable, maybe we should consider changing how we do business to create value for investors.”

The low bar for receiving an unqualified or “pass” opinion fails to provide meaningful information to investors. A more nuanced and informative reporting model is needed for audits to regain trust.

However, Prof. Ketz argues that despite the limitations of the pass/fail model, research suggests audits still provide valuable signals to the market. Studies have found that going concern opinions offer predictive power above and beyond financial ratios alone. UK firms that continued to be audited even when no longer required enjoyed higher credit ratings. So, while the current system is flawed, Ketz cautions against dismissing the value of audits entirely.

Rampant Deficiencies

Compounding the crisis of confidence is the staggering rate of audit deficiencies revealed by regulatory inspections. The PCAOB’s findings of deficiencies in over 40% of audits inspected in 2022 paint a disturbing picture of a profession struggling to uphold basic standards, further eroding public trust.

Can investors trust any audit opinions if 40% of audits are so deficient that they shouldn’t have been relied upon? These findings underscore the need for the profession to get its house in order if it hopes to restore confidence.

High-Profile Failures

Nothing has done more damage to the credibility of audits than the litany of high-profile failures in recent years. From Wirecard to Tingo to Colonial Bank, each scandal has chipped away at public confidence, raising doubts about auditors’ ability to fulfill their essential role.

The Colonial Bank case, in particular, stands out as a damning indictment. As Prof. Ketz notes:

“In that case, PwC was sued by the FDIC, and the FDIC refused to settle the case. Reading Barbara Rothstein, the judge’s opinion, you can see her chastisement. But more to the point, you can understand the over $600 million judgment she levied against PwC.”

Prof. Ketz notes that in addition to regulatory penalties, the tort system plays a vital role in holding auditors accountable. He points to the Colonial Bank case, where PwC faced a $600 million judgment, as evidence that the threat of costly lawsuits can be a powerful deterrent against shoddy audits.

However, such massive failures and the lack of detailed information in audit reports that could help investors understand what went wrong have still affected the profession’s standing.

A Case for Value?

Amid the crisis, it’s crucial to examine the evidence that audits, despite their flaws, still provide value to investors. Research shows that audit opinions improve the prediction of business failures, and data on higher credit ratings for audited UK firms suggest audits aren’t entirely without merit.

However, while this research shouldn’t be ignored, it can’t erase the deep scars on credibility left by failures and deficiencies. While not baseless, the case for audit value faces an uphill battle in the current climate.

Confronting Hard Truths

The erosion of audit trust is not a hypothetical concern – it’s a full-blown crisis threatening the profession’s foundation. Limitations of opinions, binary results, rampant deficiencies, and high-profile failures have all taken a staggering toll.

Rebuilding this lost trust will require a fundamental rethinking of audits conducted and communicated. Band-aid solutions won’t suffice in the face of such deep-rooted problems. The profession must confront hard truths, embrace bold reforms, or risk irrelevance.

This is a conversation the accounting world can’t afford to ignore. Tune in to the full episode to hear more of Prof. Ketz’s insights and join us in grappling with these critical challenges. The future of auditing hangs in the balance.

The Resilient Entrepreneur: Strategies for Embracing Uncertainty in Your Small Business

· ·

In the ever-changing landscape of entrepreneurship, uncertainty is the only constant. As a small business owner, how can you survive and thrive in the face of unpredictable challenges? In a recent episode of “Build to Enough,” host Keila Hill-Trawick dives deep into the strategies and mindsets necessary for navigating uncertainty as a small business owner. From her accountant expertise and experience working with diverse clients, Keila shares invaluable insights on proactive preparation, adaptation, and leveraging external support.

The Importance of Proactive Financial Preparation

Small businesses face a myriad of uncertainties, each with its unique challenges. As Keila points out, “When we’re talking about uncertainty for small businesses, it can mean a variety of things, from economic downturns or changes in the economy that affect both you as a small business owner or your particular industry, to market volatility and other external factors like local changes or a pandemic.” Recognizing and anticipating these various types of uncertainty is the first step in developing a resilient business strategy.

One critical component of navigating uncertainty is proactive financial preparation. Keila emphasizes the importance of maintaining a 3-6 month expense cushion and accurate bookkeeping. “You want to make sure that you have a savings account that will cover you when and if there are any changes to your business income.” By taking these proactive measures, small business owners can create a financial safety net that allows them to weather unexpected challenges and maintain stability during times of uncertainty.

Strategic Adaptation: Staying Agile in the Face of Change

In addition to financial preparation, strategic adaptation is critical to building resilience as a small business owner. Keila stresses the importance of periodically reassessing services, target clients, and pricing to ensure value provision and adaptability:

“When we get into business, it can be easy to think we can set it and forget it… But the landscape is constantly changing,” Keila advises. “The ideas about what is good, right, and valuable for the people we serve are constantly in flux, and we can’t always keep up with all those changes. But what we can do is make a commitment to say at various points throughout the year, ‘I will check in and make sure that one, what I’m doing is what I want to be doing; two, that I’m serving the right clients within those services; and three, that I am pricing myself in a way that reflects the value that I am providing.’”

Keila shares an example of clients in the diversity and inclusion training industry who had to pivot when corporate priorities shifted. She explains that when D&I was a booming area, many of her clients in that industry were making significant profits. Corporations were investing in D&I initiatives and hiring trainers at competitive rates to come in and work with their companies.

However, this trend did not continue indefinitely. Keila notes that, perhaps unsurprisingly, many companies eventually slashed their D&I budgets or decided it was no longer a top priority. As a result, D&I trainers who had previously been thriving in this space would have lost money if they had not adapted their strategies.

This example highlights the importance of strategic adaptation in the face of changing market conditions and client priorities. It demonstrates how small businesses and entrepreneurs must remain agile and responsive to shifts in demand, even in areas that were once highly profitable. Small business owners can increase their resilience and ability to navigate uncertainty in their respective industries by being prepared to pivot their offerings or target new markets when necessary.

Leveraging External Support and Expertise

Navigating uncertainty doesn’t have to be a solo journey. Keila emphasizes seeking guidance from industry professionals, peers, and mentors when facing unpredictable challenges. She says, “Finding experts that know more than you, or just have access to resources that you might not have access to, is really a good way to prepare yourself against those uncertain times that are going to show up for you.”

Moreover, being part of a supportive community where members can offer mutual support during challenging times can be invaluable. Small business owners can gain new perspectives, insights, and strategies for navigating uncertainty by tapping into collective wisdom and resources.

Embracing Uncertainty as a Natural Part of Business

Ultimately, uncertainty is an inevitable part of the entrepreneurial journey. As Keila reminds us, “At the end of the day, uncertainty is a natural part of business. None of us know what’s going to happen, and our best-laid plans go to crap all the time because you just don’t know what’s going to happen around you.” 

Rather than avoiding uncertainty altogether, small business owners must embrace it as a natural part of the process and focus on developing the resilience and adaptability necessary to thrive in the face of change.

Tune in to “Build to Enough” to Learn More

Navigating uncertainty as a small business owner requires a multifaceted approach that includes proactive preparation, strategic adaptation, and leveraging external support. By developing financial stability, staying agile in the face of change, and tapping into the wisdom and resources of a supportive community, entrepreneurs can build the resilience necessary to survive and thrive in unpredictable challenges.

Tune in to this episode of “Build to Enough” to learn more about navigating uncertainty as a small business owner and discover practical strategies for proactive preparation, adaptation, and leveraging external support. With the right mindset and tools, you can build a meaningful and sustainable business that weathers any storm.

Navigating the Crossroads: How the Accounting Profession Can Thrive in a Rapidly Evolving Landscape

· ·

The accounting profession is at a critical juncture, facing unprecedented challenges and opportunities in a world that’s changing faster than ever. As co-host of The Accounting Podcast, I’ve been diving deep into the pressing issues confronting our profession, and it’s clear that we need to embrace innovation and adaptation to stay relevant and thrive in the face of change.

In episode 376, my co-host David Leary and I tackled two issues related to these challenges: The 150-hour rule and billable hours. Here’s a summary of our discussion. For more, I encourage you to listen to the full episode.

Challenging the Status Quo: The Debate Over CPA Licensure Requirements

One of the most heated debates in our profession right now is around the 150-hour CPA licensure requirement. In Minnesota, there’s a proposed legislation to create an alternative pathway to the CPA license, requiring 120 credit hours and two years of experience instead. This challenges the long-standing 150-hour rule and has sparked a lot of discussion in the accounting community.

Jen Leary, CEO of CliftonLarsonAllen LLP, testified in support of this change, saying, “There are multiple studies that show that the 150-hour requirement has created barriers for students, especially minority students, to becoming CPAs. There is no evidence that the 150-hour requirement has improved the quality of the profession. We have the power to change this.”

If this legislation passes, it could inspire other states to explore innovative solutions to the challenges facing the CPA pipeline. It highlights the importance of reevaluating traditional models of education and credentialing to ensure they remain relevant, accessible, and equitable in a changing world.

Beyond Billable Hours: Reimagining the Business of Accounting

Another hot topic in our profession is the billable hour business model. It’s been a staple of the accounting profession for decades, but it’s increasingly scrutinized for its impact on employee well-being and work-life balance. 

As I’ve argued passionately on the podcast, “It all comes down to the billable hour. Treating people like machines that churn out hours like widgets. The firm is built to overwork you, to get as much as possible out of you like you are a machine.” If we want to address the cultural issues in our profession, we need to explore alternative business models that prioritize employee well-being and work-life balance.

Embracing Change: The Way Forward for the Accounting Profession

From rethinking CPA licensure requirements to reimagining the business of accounting firms, the profession faces significant challenges and opportunities in the years ahead. As societal expectations around diversity, inclusion, and work-life balance continue to evolve, the profession must be willing to question long-standing assumptions, explore innovative solutions, and chart a new course forward.

To dive deeper into these critical issues and join the conversation about the future of the accounting profession, be sure to listen to the full episode of The Accounting Podcast.

The Whistleblower’s Dilemma: Exposing the Truth in the Face of Adversity

· ·

Whistleblowers play a crucial role in maintaining the integrity of financial markets. By exposing fraudulent practices and other misconduct, these brave individuals help protect investors, employees, and the public from the devastating consequences of corporate wrongdoing. However, as recent high-profile cases have shown, whistleblowers often face significant challenges and obstacles in their pursuit of justice.

One such case is that of Tony Menendez, a former employee of Halliburton who blew the whistle on the company’s improper revenue recognition practices. In a recent episode of the “Oh My Fraud” podcast, Menendez shared his experience and the lessons he learned from his ordeal.

High-profile whistleblower cases like Menendez’s reveal common challenges faced by those who speak out against wrongdoing in the accounting industry. These cases emphasize the need for stronger protections and more effective enforcement of existing laws to maintain public trust and ensure market integrity.

Notable Whistleblower Cases in the Accounting Industry

Menendez’s story began in 2005 when he joined Halliburton as a technical accounting expert. He soon discovered that the company was using “bill and hold” transactions to recognize revenue prematurely. Despite raising concerns with his superiors, Menendez was met with resistance and was told to stop looking into the issue.

“I drafted a memo saying, ‘Here’s what we’re doing, and this is what we should be doing.’ We spent months because we had to get this right,” Menendez recalled. “At this time, I also established a relationship with the auditor on the account, and I brought it to his attention. He’s like, ‘Yeah, this is a big freaking deal. This is how they recognize revenue all across the globe.'”

Menendez’s experience is not unique. Other high-profile whistleblower cases in the accounting industry, such as the Enron scandal and the WorldCom scandal, have exposed similar patterns of misconduct and retaliation against those who spoke out.

In the Enron case, Sherron Watkins, a vice president at the company, warned CEO Kenneth Lay about accounting irregularities. In the WorldCom case, internal auditor Cynthia Cooper uncovered billions of dollars in fraudulent accounting entries.

These cases had a profound impact on public perception of the accounting profession, eroding trust in the industry and increasing skepticism towards financial reporting.

Common Obstacles Faced by Whistleblowers

Whistleblowers in the accounting industry often face significant obstacles, including retaliation from their employers. In Menendez’s case, he experienced isolation and loss of job responsibilities after raising concerns about Halliburton’s accounting practices.

“My job was working with the auditors every day. That was my job and everybody else’s,” Menendez said. “All of a sudden, the auditors basically flat out told the company they would not communicate with me in any way. They would not attend any meetings if I was going to be in the meeting.”

The fear of losing one’s job or facing legal action is a common deterrent for potential whistleblowers. Additionally, a lack of support from regulatory bodies can make it even more challenging for whistleblowers to come forward.

In Menendez’s case, the Securities and Exchange Commission (SEC) failed to investigate his claims against Halliburton thoroughly. “The SEC just abdicated the responsibility,” Menendez said. “They didn’t do an investigation. They just turned around and said, ‘Hey, Halliburton, investigate yourself.'”

The role of political influence in deterring proper investigations cannot be overlooked. As Menendez’s attorney told him, “As long as Dick Cheney’s the vice president of the United States, there’s no way in hell they’re going to touch this case.”

Whistleblowing can also take a significant emotional and personal toll. The stress and anxiety of speaking out against one’s employer can impact personal relationships and mental health.

The Importance of Maintaining Market Integrity 

Maintaining market integrity is essential for the health of the global economy. Accurate financial reporting is crucial for maintaining investor confidence, and CPAs play a vital role in upholding ethical standards and reporting wrongdoing.

The consequences of failing to address improper accounting practices can be severe, including potential widespread economic damage and further erosion of public trust in the accounting profession.

Proposed Solutions to Improve Whistleblower Protections

Several solutions have been proposed to address the challenges faced by whistleblowers in the accounting industry. These include strengthening legal protections for whistleblowers, such as enhancing provisions of the Sarbanes-Oxley Act and increasing penalties for companies that retaliate against whistleblowers.

Improving enforcement of existing laws is also critical. This can be achieved by encouraging proactive investigations by regulatory bodies and allocating more resources to the SEC for whistleblower investigations.

Creating a supportive culture within the accounting profession is another key component of protecting whistleblowers. This involves encouraging open communication and reporting of unethical behavior, as well as providing resources and support for whistleblowers within the industry.

For More, Listen to Oh My Fraud

Whistleblowers play a crucial role in maintaining market integrity, but they often face significant challenges and obstacles. High-profile cases like Tony Menendez’s experience at Halliburton reveal the common challenges faced by whistleblowers in the accounting industry and emphasize the need for stronger protections and more effective enforcement of laws.

As CPAs, we are responsible for advocating for whistleblower protection within our organizations and supporting industry-wide efforts to improve whistleblower laws and regulations.

To learn more about Tony Menendez’s experience and the lessons it holds for the accounting profession, I encourage you to listen to the full “Oh My Fraud” podcast episode. His story serves as a powerful reminder of the importance of speaking out against wrongdoing and the need for robust whistleblower protections in our industry.