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Updates to the Financial Data Transparency Act

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The Gov Fin 2024 conference in New York City provided a comprehensive exploration of government financial reporting, focusing on the implications of the Financial Data Transparency Act. The opening keynote offered insights into current practices and anticipated changes in government financial reporting.

The first panel discussion, featuring large government issuers, highlighted the complexities faced by these entities and the potential impacts of the FDTA. Next, a small government issuer panel addressed the unique challenges faced by smaller entities. Resource and staffing constraints were more pronounced in these jurisdictions. 

A professional services panel examined the role of accounting and legal firms in aiding government entities with their financial disclosures. They discussed how these firms could support the transition to machine-readable financials, highlighting both opportunities and challenges.

A crucial session on federal and research data use featured representatives from the U.S. Census and the U.S. Department of Education. This session explored how federal agencies utilized municipal financial data and the implications of the Grants Reporting Efficiency and Transparency (GREAT) Act. Speakers from the GAO and the U.S. Census provided insights into the integration of FDTA requirements with existing federal data usage practices.

Day two of the conference started with a conversation between the SEC Office of Municipal Securities and the Governmental Accounting Standards Board, focusing on the implications of the FDTA and progress toward taxonomy development. Following this, a case study on data standards development for public companies was presented by the Financial Accounting Standards Board, providing a model for municipal entities. The sessions emphasized the importance of developing and implementing robust data standards to enhance transparency, efficiency and legal identifiers in government financial reporting, especially in the Electronic Municipal Markets Access system.

Financial Data Transparency Act Joint Data Standards

Ironically, just a few days later, the Securities and Exchange Commission issued its proposed Financial Data Transparency Act Joint Data Standards. The Gov Fin 2024 conference was remarkably perceptive in addressing the core issues the rule contemplates. Here are some of the rule highlights:

The Financial Data Transparency Act Joint Data Standards outlines standards for data transmission and schema and taxonomy formats to ensure interoperability of information transmitted to regulatory Agencies. 

Key aspects of the rule include:

  1. Collections of information: Defined by the Paperwork Reduction Act.
  2. Legal Entity Identifier (LEI): A 20-character alphanumeric code that uniquely identifies legal entities. The LEI is non-proprietary and available under an open license, used for regulatory reporting worldwide.
  3. Some other common identifiers mentioned:

    • Unique Product Identifier (UPI) for swaps and security-based swaps.
    • Classification of Financial Instruments (CFI) code for other financial instruments.
    • Financial Instrument Global Identifier (FIGI) for all classes of financial instruments.
    • ISO 8601 date format for consistent date and time representation.
    • U.S. Postal Service abbreviations for identifying states and geographic locations.
    • Geopolitical Entities, Names and Codes (GENC) standard for country codes.
    • ISO 4217 Currency Codes for currency identification.

The rule also aims to improve data integration, interoperability, and global transparency in financial reporting:

  1. Data transmission formats: Formats such as CSV, XML, JSON, HTML (under certain conditions), and PDF/A are used to ensure information is digitally received, machine-readable, and fully searchable.
  2. Schemas and taxonomies: These provide the syntax, structure, and semantic meaning of the data. High-quality, machine-readable descriptions enable automated verification and consistent semantic interpretation across different parties.
  3. Properties of standards: The proposed joint standards for data transmission and schema and taxonomy formats should:

    • Be fully searchable and machine-readable.
    • Use schemas with machine-readable metadata defining the data’s semantic meaning.
    • Consistently identify data elements or assets related to regulatory information collection.
    • Be nonproprietary or available under an open license.
  4. Regulatory compliance: Schemas and taxonomies should include metadata to track regulatory requirements, aiding in the identification of data assets subject to the Paperwork Reduction Act (PRA).
  5. Interoperability: There is a focus on data interoperability across different formats to ensure consistency and ease of use among various financial regulatory entities.
  6. Current formats: Existing formats like XML Schema Definition (XSD), eXtensible Business Reporting Language (XBRL) Taxonomy, and JSON Schema already meet the required properties.
  7. Flexibility and future adaptation: The standard emphasizes properties rather than specific formats, allowing for the adoption of new open-source formats as they emerge, provided they meet the listed properties.

The proposed rule requests comments on accounting and reporting taxonomies: 
Standardized data definitions: Taxonomies like the FFIEC Call Report, U.S. GAAP and IFRS facilitate consistent information exchanges through standardized data definitions.

Current usage: These taxonomies define data semantics and are used in regulatory reporting.

Request for comment: Agencies seek feedback on two options:

  • Option 1: Establish a joint standard based on specific properties.
  • Option 2: Identify and establish specific taxonomies as joint standards.

Definition and flexibility: Agencies request input on defining “taxonomy” and propose flexibility in using or modifying standard taxonomies to meet specific needs and legal requirements.

Multiple taxonomies: Agencies are considering allowing multiple taxonomies for individual data collection and invite comments on the needed flexibility for this approach.

An opportunity exists to engage in this rulemaking process and finally, implementation. GovFin 2025 will be held in Denver in July 2025, and will feature in-depth discussions, expert panels and hands-on workshops focused on navigating the new regulatory landscape effectively. Details will be released for registration in the coming months.

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IFRS Foundation offers sustainability risk guide

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The International Financial Reporting Standards Foundation and its International Sustainability Standards Board released a new sustainability guide Tuesday.

The guide can help companies identify and disclose material information about sustainability-related risks and opportunities that could reasonably be expected to affect their cash flows, their access to finance or cost of capital over the short, medium or long term.

Investors and global capital markets are increasingly requesting such information to inform investment decision making. The guide focuses on helping companies understand how the concept of sustainability-related risks and opportunities is described in IFRS S1, the ISSB’s sustainability disclosure standard, including how these can come from a company’s dependencies and impacts. Those dependencies and impacts on resources and relationships can lead to sustainability-related risks and opportunities that could reasonably be expected to affect its prospects.

ifrs-foundation-iasb-sign.jpg

The guide discusses how companies applying ISSB standards can benefit from the process they might already follow in making materiality judgments when preparing financial statements, particularly when applying IFRS accounting standards. The IFRS Foundation oversees both the ISSB and the International Accounting Standards Board.

The guide describes the process a company can follow which is closely aligned with the four-step process illustrated in the IASB’s IFRS Practice Statement 2: Making Materiality Judgments. As a result, although the ISSB standards can be used with any generally accepted accounting principles, those companies already applying IFRS accounting standards — in over 140 jurisdictions worldwide — as well as those such as in the U.S. where there is strong alignment with a focus on providing material information to investors, will be particularly well prepared to apply the concept of materiality using ISSB standards.

The guide also discusses some of the considerations a company might make to drive connectivity between sustainability-related financial disclosures and a company’s financial statements. For those looking to meet the information needs of a wider set of stakeholders, it provides considerations for those applying ISSB standards alongside European Sustainability Reporting Standards or Global Reporting Initiative standards.

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Super Micro soars after hiring new auditor in bid to stay listed

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Super Micro Computer Inc. shares jumped as much as 27% after the company hired a new auditor and filed a plan to come into compliance with Nasdaq listing requirements.

The server maker said it submitted a plan to the Nasdaq exchange for filing its 10-K financial disclosure report delayed in August. The company also announced that it appointed BDO USA as its independent auditor, effective immediately. 

“In its compliance plan to Nasdaq, the company indicated that it believes that it will be able to complete its annual report on Form 10-K for the year ended June 30, 2024, and its quarterly report on 10-Q for the fiscal quarter ended Sept. 30, 2024, and become current with its periodic reports within the discretionary period available to the Nasdaq staff to grant,” Super Micro said Monday in a statement. 

Super Micro Computer's headquarters in San Jose, California
The Super Micro Computer Inc. headquarters in San Jose, California.

David Paul Morris/Bloomberg

If Super Micro’s plan is accepted by the exchange, its new deadline for the document will likely be pushed to February. It will be able to stay listed on the Nasdaq until a final decision about its compliance is made. If a plan isn’t approved, the company can appeal the decision.

Super Micro’s previous auditor, Ernst & Young LLP, resigned in October, citing concerns over the company’s transparency and governance. Ernst & Young is one of the Big Four accounting firms, the auditors that vet the books of the world’s largest companies. BDO USA is the sixth-largest auditor by revenue, according to Inside Public Accounting. The firm has only one other S&P 500 company as a client, according to data compiled by Bloomberg. 

Finding an auditor is a “big step for them,” even if it isn’t one of the Big Four firms, Matt Bryson, an analyst at Wedbush, said in an interview. “This is a positive step in terms of putting a plan forth in front of Nasdaq, and, at least from their perspective, hopefully being able to file their financials and put these problems to bed.” 

Having a new auditor and a plan to regain compliance with Nasdaq’s listing rules is the latest update in a tumultuous few months for Super Micro, which had gained favor with investors earlier this year as a potential beneficiary of the demand for artificial intelligence services. The San Jose, California-based company delayed filing its annual 10-K following a damaging report from short seller Hindenburg Research, and last week said it would be late with quarterly reports. 

Super Micro is also facing a U.S. Department of Justice probe. The shares had tumbled more than 80% from a peak in March through Monday’s close.

The company has gone through a delisting and relisting process before. In 2019, the shares were taken off the Nasdaq exchange after Super Micro failed to meet deadlines to file a 10-K and several quarterly reports. The company received approval to rejoin the exchange in 2020, and in the same year paid a $17.5 million penalty to resolve an investigation by the US Securities and Exchange Commission. Super Micro didn’t admit to or deny the regulator’s allegations as part of its settlement. 

Some stock bulls are reiterating their investment case for the one-time Wall Street AI darling. 

“We take the view that regardless of its regulatory woes (now receding in the rear-view mirror), SMCI maintains its leadership in the massive, scalable AI data center market for liquid-cooled server racks,” Lynx Equity Strategy analyst KC Rajkumar said. 

“SMCI has a leadership position in the rapidly expanding liquid-cooled GPU server data center market, a position it is unlikely to give up any time soon,” Rajkumar said.

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TIGTA celebrates 25th anniversary | Accounting Today

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The Treasury Inspector General for Tax Administration has launched a social media campaign to commemorate its 25th anniversary, even as the Senate Finance Committee holds hearings on a replacement for the agency’s long-time inspector general, who died earlier this year.

TIGTA provides independent oversight of the IRS and was created by Congress as part of the IRS Restructuring and Reform Act of 1998. TIGTA has issued more than 3,000 reports — often detailing inefficient practices at the IRS — which it claims have produced $383 billion in benefits from improvements in federal tax operations.

The agency has also referred nearly 32,000 cases of IRS employee misconduct for action and 5,400 cases for criminal prosecution.

IRS headquarters in Washington, D.C.

Some of this work occurred during economic crises when the IRS was tasked with distributing financial relief to millions of taxpayers. For example, TIGTA assessed IRS implementation of the American Recovery and Reinvestment Act of 2009 and multiple pandemic relief packages.

“Having spent many years in the federal government, I value TIGTA’s important role in many facets of tax administration oversight,” said IRS Commissioner Danny Werfel in a statement. “TIGTA helps ensure our agency is accountable for the work we do.”

TIGTA’s social media campaign will be on LinkedIn and X and feature accomplishments, perspectives, trivia and other facts about TIGTA.

Since its creation, the agency has been led by two presidentially appointed inspectors general. The Senate is now considering the nomination of David Samuel Johnson, of Virginia, who would succeed Inspector General J. Russell George. The latter, appointed 20 years ago, died in January.

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