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PCAOB inspections show signs of improvement in audit quality

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Auditing firms appear to be making headway on fixing some of the problems identified by the Public Company Accounting Oversight Board.

The results will show up in the inspection reports released next year by the PCAOB detailing the results of 2024 inspections at the largest firms. 

“The 2024 inspections cover audit work that mostly occurred in 2023 and early 2024,” said PCAOB chair Erica Williams during a speech Tuesday at the AICPA & CIMA Conference on Current SEC and PCAOB Developments. “Because this board arrived in early 2022, the audit work that occurred in late 2023 and early 2024 just begins to address the direction and guidance provided under this board. PCAOB staff has indicated that they expect the results of these inspections to provide the first glimpse of progress made by firms in response to calls for improvement of audit quality under this Board.”

She sees that as a reflection of the PCAOB’s efforts to improve audit quality under her tenure. “Today, three years into this board’s tenure, our inspectors are seeing significant improvements from the largest firms,” said Williams. “Results will be reflected in the 2024 inspection reports. To be clear, it will take some time for firms to fully reverse this trend. However, this news signals that the work of this board is taking root.”

However, she acknowledged that problems continue to linger, including a rise in the number of restatements by public companies. She cited a Financial Times article this week that found “the number of U.S. companies forced to withdraw financial statements because of accounting errors has surged to a nine-year high.”

“Restatements are one variable to take into consideration,” said Williams. “And here too, with the increase in restatements, we are beginning to see the results of the slippage of audit quality in prior years. But again, our staff is already seeing improvements. Moreover, we expect even greater improvements when some of our standards, including QC 1000, are fully implemented by the firms.”

PCAOB chair Erica Williams speaking at the AICPA Conference on Current SEC and PCAOB Developments

PCAOB chair Erica Williams speaking at the AICPA Conference on Current SEC and PCAOB Developments

The Securities and Exchange Commission approved the PCAOB’s new QC 1000 quality control standard in September.

“We believe QC 1000 will set the foundation for quality audits for the future,” said Williams. “A firm’s QC system influences virtually all firm activities. When QC systems operate ineffectively, investors are put at risk. But, when QC systems operate effectively, quality audits performed in accordance with applicable professional and legal requirements are likely to follow — leaving investors better protected. It strikes a balance by introducing a risk-based approach that can be applied by firms of varying sizes and complexity, while also imposing requirements to ensure each QC system is designed, implemented and operated with an appropriate level of rigor. Then it sets up a feedback loop, based on monitoring and remediation, designed to drive continuous improvement.”

She urged auditing firms not to lose focus and to continue to make progress on behalf of investors. Williams noted that the PCAOB staff recently conducted a study and found that audit firm culture can have an impact on audit quality for better or worse. Longer partner tenure also seems to correlate with fewer significant audit deficiencies highlighted in Part I.A of the inspection reports. 

After her speech, Williams and other members of the PCAOB were interviewed onstage by Center for Audit Quality CEO Julie Bell Lindsay. PCAOB board member George Botic said he believes the PCAOB is well aligned with the SEC on capital formation. Another board member, Christina Ho, said she believes there’s an opportunity to provide a higher level of transparency about the severity of the Part I.A deficiencies. The board members were also asked about their expectations for the SEC under Paul Atkins, who was named as the new chair by President-elect Trump to succeed Gary Gensler, who plans to step down on January 20, the date of Trump’s inauguration. 

Ho is expecting a more moderate approach and said she is looking forward to working with the new SEC chair. She was also asked about a report by a third party advisory group for the PCAOB on the use of emerging technologies for auditing. She said the report has been delivered to the board and believes the recommendations in it should be made public. 

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SALT tax deduction cap talk with Trump ‘positive,’ lawmakers say

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House Republicans from New York, California and New Jersey unhappy with a cap on state and local tax deductions cast talks on the issue with Donald Trump as “positive” but described no firm commitments from the president-elect.

“He really communicated that he feels for how unaffordable the taxes are for our constituents,” Representative Nick LaLota of New York, who attended the gathering of about 16 House Republicans with Trump at his Mar-a-Lago resort in Florida, said in an interview late Saturday. Trump “is willing to engage in a solution.”

“It was a productive meeting and the president is fully supportive of raising the cap,” Representative Mike Lawler of New York, who also attended, said Saturday. Trump “agrees that the cap on SALT needs to be lifted,” he said on Fox News’ Sunday Morning Futures

Trump has expressed interest in reviewing options for adjusting the SALT cap but is not currently advocating for a specific fix, according to a person familiar with his thinking.

The main focus of the face-to-face meeting was the $10,000 cap on the so-called SALT deduction that was a feature of Trump’s 2017 tax cut bill, set to expire for tax years after 2025. The group wants to see the cap raised or eliminated, softening the burden on constituents who live in states like New York and California where the combination of high tax rates and expensive property values make a write-off especially valuable.

Representative Nicole Malliotakis of New York posted on X that the meeting was “productive.”

Lawler wants to raise the cap to $100,000 for individuals and $200,000 for married couples. The current cap is the same for both single and married taxpayers.

Lawler said Saturday that no exact level or approach was determined or agreed upon. “The president wants us to come back with a number,” he said.

Trump’s economic advisors have discussed expanding the cap to $20,000. They’ve been against making the deduction unlimited since a new tax package would contain cuts that need to be offset.

Lifting the cap is unpopular among some conservative Republicans from lower-tax states and nonpartisan analysts, who say the change would benefit mostly high-income households in largely Democratic states. 

“Why should people in South Carolina subsidize California and New York tax policy? You’re going to have a hard time with me on that,” Republican Senator Lindsey Graham of South Carolina said last week on Sunday Morning Futures.

Lawler countered that attitude on Sunday, saying that states like New York and California already contribute more dollars to the federal government that can go to smaller states.

“If you look at South Carolina, for instance, they are one of the biggest recipients of federal dollars in comparison to other states by a percentage,” he told Fox News.

Significant expansion of the SALT deduction cap is emerging as a potential demand by some Republicans, including Lawler, in return for their support of any larger tax-related package.

The new House GOP majority is razor-thin, meaning Speaker Mike Johnson can only absorb a few GOP-vote holdouts or defections to pass any party-line legislation.

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Accounting

Art of Accounting: Perception vs. reality for tax audit fees

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A little while ago I was with a friend who is long retired from his business. I don’t know what precipitated it, but he mentioned how his accountant overcharged him for the one tax audit his business ever had (in the 25 years he was in business). I was puzzled that he still remembered this and that it bothered him.

He explained that he felt the accountant did excessive preparation and wanted a ton of data that took quite a while to assemble. The accountant indicated that he might be able to settle the audit for about $20,000 and would target not having it cost more than that. The audit resulted in a “no change” and the fee charged was $8,000. This was about 25 years ago, so these numbers should reflect that they would be much higher today. He told me that he thought the accountant purposely scared him and had all the extra work done to justify the fee he charged.

I was shocked by this. I explained that the preparation the accountant did was likely the reason for the very favorable audit result. I also asked him if the result would have been an additional payment of $12,000 in tax, how would he have felt. He is very smart and a reasonable person. He thought about my question and replied that he probably would have felt good about the fee and result.

His reaction coincides with what I “learned” early in my career. My perception of my clients’ reactions was that they felt my fees were well earned when there was a tax due that was lower than anticipated, but there was always skepticism when there was a “no change.” For that reason, I always targeted a result that had a balance due that was lower than what the client expected, but not a no change. Further no changes led the client to feel they could have “gotten away” with greater deductions and that I was too conservative in what I did. 

I also acquired an outlook that it was important for clients to understand they needed to be responsible in how they conducted their tax reporting and not to try to “beat the system.” I can assure you that none of my clients ever paid more taxes than they were required to pay. At the same time, irrespective of how I managed the legalities of their reporting and taking advantage of every benefit and loophole they were entitled to as well as resolving every gray area to their advantage, they would still try to skirt the law with picayune, and sometimes ridiculous, deductions. I never helped them break the law and, when I noticed some of the more egregious things they did, I stopped it. 

I found out, from real experience, that small tax payments on an audit were much better for the client than a no change. And the client paid my fees more readily and cheerfully, not that this was my motivating factor.

As far as no change results, I had plenty, but they were when the audit involved issues about the application of certain parts of the tax law and not deductions the client was trying to get away with. As I write this, many experiences come to mind. The fees in every one of these situations were quite substantial and I never had the client upset about the fee. Instead, they thanked me for a job well done.

A takeaway is that delivering an invoice for any service, including a tax audit, is a marketing activity, and it cannot be assumed that the client understands the value. It must be explained and shown so the client appreciates the hard work and skill drawing on your knowledge and experience that was employed on their behalf. Work at this, and you will have happier clients and will also be happier. 

Do not hesitate to contact me at [email protected] with your practice management questions or about engagements you might not be able to perform.

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Biden moves to curb cooking oil imports with green fuel rule for tax credit

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The U.S. is moving to curb imports of used cooking oil, preventing foreign supplies used to make biofuels from qualifying for a lucrative tax credit.

In long-awaited guidance, the U.S. Treasury signaled that fuels made with foreign-sourced supplies won’t be allowed under the so-called GREET model, a Department of Energy tool used to determine the full sweep of greenhouse gases emitted from the transportation and energy industries. 

The move comes after a flood of supplies from China reached U.S. shores at cheaper prices than soybean oil produced locally. The decision is a win for American farmers, who have been counting on a boom in soy-heavy biofuels like renewable diesel to sell their crops.

Soybean oil futures for March jumped by the exchange limit in Chicago on Friday, surging 7%, the most since June 2023. 

Shares of Bunge Global SA, the world’s biggest oilseed processor, gained 5%. The joint owners of Diamond Green Diesel, North America’s biggest renewable-diesel maker, jumped, with Darling Ingredients Inc. surging as much as 10% and Valero Energy Corp. climbing as much as 4%. 

“This tax credit is essential to U.S. competitiveness and to reduce emissions in the transportation sector with more affordable, cleaner fuel,” U.S. Deputy Energy Secretary David Turk said in a statement. “The final guidance released today provides clarity and certainty to America’s world-leading biofuel industry.” 

The tax incentive that took effect on Jan. 1 is part of President Joe Biden’s signature climate law, the Inflation Reduction Act. While the guidance gives Donald Trump — a supporter of fossil fuels —something to work from, it’s unclear how far he will take his pledge to roll back the IRA.

U.S. biofuels and corn groups criticized the overall guidance as lacking details on what qualifies for tax credits. 

Geoff Cooper, chief executive officer of ethanol trade group Renewable Fuels Association, said it fell short of expectations and doesn’t give producers of corn-based U.S. ethanol the certainty they seek. Emily Skor, CEO of ethanol lobbying group Growth Energy, said the guidance “still lacks the critical details that are needed to help ensure that American biofuel producers and their farm partners can lead the world in clean fuel production.”

The National Corn Growers Association said more clarity is needed about the specific environmental practices that will be required for accessing the credit. “What a missed opportunity for growers,” said President Kenneth Hartman Jr., an Illinois farmer. 

Ethanol is among the ingredients that can be used in making green jet fuel. The $54 billion industry is counting on new markets like sustainable aviation fuel, or SAF, to boost demand at a time when the rise of electric vehicles poses an existential threat to liquid fuels, especially those used to power light-duty automobiles. 

The issue of foreign used cooking oil has been a growing concern of agriculture groups and lawmakers over the past year. Growers bristled as they saw soybean prices plunge as UCO from Asia flowed into the country for making fuels like renewable diesel and SAF. Fuel made with UCO is highly valued in low-carbon fuel markets like California because of its relatively small carbon footprint. 

Adding to the outcry was suspicion that China shippers were adding fresh palm oil to UCO, making it fraudulent under U.S. renewable fuel law. Palm, the world’s most widely used vegetable oil, is a bane to environmentalists and many countries because the industry is a key driver of deforestation in places like Indonesia and has been tied to labor abuses. 

The Treasury rules issued on Friday allow fuels made with UCO from the U.S. to qualify for the 45Z credit, which provides a per-gallon, or gallon-equivalent, tax credit for makers of so-called clean transportation fuels based on the carbon intensity of production.  

Under a rival model, the globally accepted Corsia standard established by the United Nations’ governing body for aviation, green jet fuel made with foreign feedstocks would have access to the credit.

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