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LV Business Press: Commerce Tax Has Accountants Revisiting Clients

By JEFFERY MEEHAN, LAS VEGAS BUSINESS PRESS

Local CPAs are preparing for the next stage of the Nevada Commerce Tax after recent attempts to repeal the legislation failed.

“I’ve already been doing consulting on this tax, so I’m sure that it’s going to increase the volume of business that comes through the door, specifically on how to compute it, the theory behind it and so on,” said Jeff Edwards, CPA, tax shareholder with Piercy Bowler Taylor and Kern.

As June 30 approaches, Edwards said he is expecting an influx of clients to come in looking for answers on who has to file and other things such as what the exclusions are, whether or not the client has $4 million in revenue — the starting point where tax payers would owe.

But that phenomenon might not continue forever.

“After they learn how to do it, I think a lot of our clients are going to take care of this new commerce tax internally,” said Edwards.

Jeff Breedan, CPA, partner at Stewart Archibald and Barney, is taking a positive view on the upcoming tax.

“I think this is a good opportunity for us to provide better client service,” said Breedan. “We can kind of see if there is something going on that we should be preparing them for, not just for the commerce tax but when income tax comes rolling around again.”

The added check in doesn’t apply to all his clients; some of them utilize the services of the firm a few times a year.

But for the clients who only come by once and a while, Breedan said this is an opportunity for the firm to offer guidance and take action on items that might not seem that important at the time.

Breedan explained a few situations where coming in to see a CPA more often could be a plus including the purchase of a building, a company or making changes to the organization’s health care.

“If we could find out about that in August instead of in March, there’s just a lot more we can do because the year isn’t closed,” said Breedan.

Edwards, who said he’s constantly in communication with his clients on recent actions they’ve taken, was a little less positive about the new tax.

“Some clients close their books once a year,” he said. “Now they’re going to have to do a soft close on June 30, and calculate this tax. I just see it as an added cost to our clients and to the business owners here in Nevada.”

Positive or negative, the commerce tax, which is based on gross revenue and not profit, might likely be here to stay.

Republican state Controller Ron Knecht, who led an initiative drive to put a repeal measure on the November ballot, recently announced the group would not make the number of signatures needed.

The tax is due 45 days after June 30 — on August 15.

Edwards said there are penalties for not filing on time, but if there is a reasonable justification, businesses can ask for an extension.

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The Nuts and Bolts of Financial Statement Fraud

Financial statement schemes continue to rank among the most-costly types of occupational fraud for all types of organizations. The costs frequently encompass more than just the loss of assets. Victimized companies also may suffer lost shareholder value, lower employee morale, premature tax liabilities and reputational damage. You may be able to help your clients minimize their risks and losses by understanding how and why financial statement fraud occurs, and how such schemes could be uncovered.

The High Cost of Financial Statement Fraud

The Report to the Nations on Occupational Fraud and Abuse published in 2016 by the Association of Certified Fraud Examiners (ACFE) found that only 9% of the fraud schemes in its survey involved financial statement fraud. However, those cases clocked the greatest financial effect, though, with a median loss of $1 million. Moreover, in about 76% of the financial statement schemes, the perpetrator was also engaging in at least one other form of occupational fraud, such as asset misappropriation or corruption.

What makes financial statement fraud especially problematic is that the costs can easily snowball out of control, far beyond what was initially contemplated. For example, when an executive fudges the numbers to make a company appear more profitable, the company will likely incur greater liability for taxes or dividends. It might be necessary to take on debt to make those payments, leading to higher interest costs. Or an acquisition of a healthy company might be pursued to hide the actual underperformance.

In keeping with the established bi-annual update cycle, the 2016 Report to the Nations on Occupational Fraud and Abuse was recently released. Contact PBTK if you’d like us to send you a courtesy copy by email.

Common Financial Statement Fraud Schemes

The ACFE defines financial statement fraud as “a scheme in which an employee intentionally causes a misstatement or omission of material information in the organization’s financial reports.” The methods for committing such fraud aren’t just limited to the overstatement or understatement of assets or revenues.

Some of the most prevalent schemes include:

Concealed liabilities. Here, liabilities or expenses are recorded improperly. For example, a fraudster might record revenue-based expenses as capital expenditures to increase net income and total assets for the current accounting period or omit significant expenses or liabilities to boost reported profits and working capital.

Fictitious revenues. Sales may be artificially reported or inflated. For example, perpetrators may record sales that are subsequently reversed in the next accounting period, or they may create phantom customers.

Improper asset valuations. Financial performance may artificially be enhanced by misstating the value of assets — such as failing to write off obsolete inventory — or inflating receivables by booking fictitious sales on account.

Improper disclosures. Fraud occurs when perpetrators fail to disclose material information to mislead users of the financial statements. For example, they may fail to report pending litigation, or a potentially material contingent liability.

Timing differences. Recording revenues in accounting periods different from those of their corresponding expenses can mislead investors.

Revenue recognition is a particularly ripe area for financial statement fraud. Early revenue recognition can be accomplished through several avenues, including 1) keeping books open past the end of the accounting period in respect to sales revenues, 2) delivering products early before sales have actually occurred that would otherwise be a liability, 3) recording revenue before full performance of a contract, and 4) backdating sales agreements. In addition, merchandise could be shipped to undisclosed warehouses and recorded as sales. In general, ask questions if a large percentage of revenue is recorded at the end of a period.

Causes of financial statement fraud

According to the ACFE, individuals who committed financial statement fraud were more likely to be under excessive organizational pressure compared with those who perpetrated corruption or asset misappropriation. Fraudsters may feel pressure to meet earnings expectations or satisfy certain conditions that are required to close a merger or acquisition. They might commit financial statement fraud in an attempt to make the company look more profitable than it truly is, thereby boosting share prices, fulfilling loan covenants or allowing them to earn bonuses.

Help your clients help themselves

Companies that fall prey to financial statement fraud can find their long-term survival severely threatened. By bringing in qualified forensic accountants, you can help these companies identify red flags, ferret out ongoing schemes and deter future fraudsters.

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