Legislation

A&A

Management Shakeup May Lie Ahead for Fannie Mae

Days after Fannie Mae's federal regulator released a highly critical report on the mortgage giant's accounting practices, observers say top management may not survive the fallout.Fannie Mae's regulator, the Office of Federal Housing Enterprise Oversight (OFHEO), conducted an eight-month investigation and found such pervasive problems that OFHEO suggested a management change.“These findings cannot be explained as mere differences in interpretation of accounting principles, but clear instances in which management sought to misapply and ignore accounting principles," OFHEO Director Armand
Tax

House Votes to Bar IRS From Outsourcing Tax Collection

The House of Representatives took a strong step this week in support of America's taxpayers by voting to keep their private and sensitive tax information out of the hands of debt collectors.The action came in bipartisan approval of an amendment to the 2005 Transportation-Treasury spending bill that would prevent the Internal Revenue Service from using any funds to contract with private sector debt collectors to collect tax debts. The Senate is considering a separate version of the spending bill.The amendment's sponsor, Rep.
Tax

SEC Supports Extension on Statute of Limitations on Fraud Cases

The Securities and Exchange Commission has asked a U.S. federal appeals court to allow investors to sue companies for fraud even if the alleged violation took place after the statute of limitations had expired. Investors have been allowed to file lawsuits within one year of discovering fraudulent behavior and three years after the violation occurred. The Sarbanes-Oxley Act of 2002 changed those time limits to two years and five years, respectively. However, investors who have recently alleged fraud have done so even though the three-year limit had expired.
Tax

Corporation Lobbies to Close Corporate Loophole

Kelly Services Inc. is credited with helping end a tax dodge that cost states more than $1 billion over the last decade.The loophole allowed companies to greatly reduce the money they paid to state unemployment trust funds. The federal State Unemployment Tax Act, or SUTA, directs states to set aside unemployment funds with taxes collected from employers.
A&A

New Law Means Speedy Clearing of Checks

If you regularly write a big check a few days before the funds are actually available in your checking account, it’s time to rethink your check-writing habits.The Check Clearing for the 21st Century Act, which goes into effect Oct. 28, will allow checks to clear in hours instead of days because a substitute check can be accepted as legal.
Community News

SEC Considers Extending 60-Day Reporting Rule

If companies comply with a new rule on internal controls, it will make it hard for them to speed up their year-end reporting as the SEC had mandated, the Wall Street Journal reported.As a result the SEC is considering a one-year extension for public companies complying with the new rule that makes annual reports due 60 days after their year-end rather than 75 days as it was in the past.Public companies and large accounting firms are in agreement that more time is needed if they are also going to comply with the new Sarbanes-Oxley based rule that requires improved internal controls over f

Treasury Issues Comprehensive Health Savings Account Guidance

Last week the Treasury Department and the IRS issued comprehensive guidance on Health Savings Accounts that will help providers to establish HSAs and consumers to enjoy their benefits. The guidance answers questions on a wide range of issues that the public has brought to the Treasury Department since the creation of HSAs.
A&A

Bill Would Expand Small Business Tax Break

Small businesses would receive a boost from legislation passed Wednesday by the U.S. House that would save small businesses $10.9 billion in taxes from 2006 through 2008, the Wall Street Journal reported. It is not clear how much support the measure has in the Senate.The House’s bill would extend a small business tax break that allows them to immediately write off up to $100,000 in capital purchases as a business expense.
Tax

Senator Snowe Introduces Bill to Expand Cash Accounting

U.S. Senator Olympia J. Snowe (R-Maine), chair of the Senate Committee on Small Business and Entrepreneurship, has introduced the "Small Business Cash Accounting Act of 2004," a bill to simplify the tax code and reduce compliance burdens placed on small businesses by permitting businesses that generally earn less than $10 million during the tax year to use cash accounting methods to report their income. Snowe's bill, S.
Tax

House Bars Export-Import Loans to Companies in Tax Havens

Companies that incorporate outside the United States to avoid taxes would no longer be eligible for Export-Import Bank loans under a House of Representatives proposal.“They don't want to pay taxes in America. Not them. That's for the suckers of this country,” said bill sponsor Rep. Bernie Sanders, a Vermont independent.The House on Wednesday voted 270-132 to add the amendment to an annual foreign aid bill, Bloomberg reported. The government-backed Export-Import Bank provides loans to U.S.
Tax

Congress Extends Some Popular Tax Cuts Through 2006

House and Senate lawmakers on Wednesday agreed to extend three of President Bush’s popular tax cuts for wage earners, parents and married couples.Congressional aides told the Associated Press that negotiators from the House and Senate agreed to keep the cuts in place through 2006, rather than 2009 as the White House requested.Sen. Max Baucus of Montana, the top Democrat on the Senate’s tax-witing committee, said the White House is opposed to a two-year extension.
Tax

President Bush Signs Identity Theft Bill into Law

On Thursday, President Bush signed into law, the Identity Theft Penalty Enhancement Act, creating stiffer criminal penalties for identity theft. The goal of this bill is to prevent identity theft by increasing the punishments associated with the crime and establishing a new crime of aggravated identity theft, which is the use of a stolen identity to commit certain criminal acts. Though solid numbers are hard to come by, identity fraud has been called one of the fastest-growing crimes in the U.S, touching millions of people at a cost of billions of dollars a year.

U.S. Corporations Struggling to Meet First Sarbanes-Oxley Filing Deadline

Despite an extension in the deadline from June 15, 2004 to November 15, 2004, half of large U.S. companies polled are still less than 60 percent complete in meeting their Sarbanes-Oxley (SOX) Section 404 filing requirements, according to a survey conducted by ACL Services Ltd. and the Center for Continuous Auditing (CCA). The poll of 248 senior audit professionals at corporations with more than $1 billion in revenues reports considerable challenges meeting SOX Section 404 filing requirements.
Technology

Software Companies Blaming Sarbanes-Oxley for Lagging Earnings

Some software companies are missing second quarter earnings estimates and are blaming the time, energy and money companies are spending on Sarbanes-Oxley Act requirements for slowing software purchase decisions, Reuters reported.The Sarbanes-Oxley reform legislation was enacted in 2002 after Enron imploded taking its auditing firm Arthur Andersen down with it. Veritas Software Corp.

GAO Debuts New Name, New Pay System

The U.S. General Accounting Office has a new name: the Government Accountability Office.Last week President Bush signed the GAO Human Capital Reform Act, which also gives Comptroller General David M. Walker the authority to institute a new compensation program for agency employees, the Washington Post reported.Introduced nearly a year ago by Rep. Jo Ann S. Davis (R-VA) and Sen. George V. Voinovich (R-OH), the law allows Walker to use a pay system that is based on performance, separating the agency from the federal general schedule system.

Illinois CPA Society Wins Legislative Victory for CPAs and Public

A new law promoted by the Illinois CPA Society (ICPAS) will alter the state's Public Accounting Act with tougher ethics requirements and disciplinary enforcement. The accounting scandals of the past two years prompted the Society to take a long hard look at the profession.
Technology

Consumers Don't Have a Clear Image of Check 21 Law and Its Impact

An online consumer poll conducted by Harris Interactive® for NCR Corporation (NYSE:NCR) confirmed what many financial industry insiders already know: Most consumers are completely unaware of the Check Clearing for the 21st Century Act (Check 21), and its potential impact on their current banking practices. Grounded planes on 9/11 halted check processing throughout the United States, costing the industry billions and accelerating the need for a dramatic change in the check processing system. The resulting law takes effect October 28, 2004.
A&A

FASB Issues Proposal on Fair Value Measurements

In response to requests from constituents to improve the current guidance for measuring fair value, the Financial Accounting Standards Board (FASB) has published an Exposure Draft, Fair Value Measurements. The Exposure Draft seeks to establish a framework for measuring fair value that would apply broadly to financial and nonfinancial assets and liabilities, improving the consistency, comparability, and reliability of the measurements.

Majority of Internal Auditors Identified Gaps in Internal Controls

Jefferson Wells International, a leader in providing professional services including those related to Sarbanes-Oxley compliance and corporate governance, says a recent survey shows 92% of internal auditors polled have identified gaps in their own organization's internal controls. These gaps will need to be remediated and retested prior to Section 404 deadlines in November. "This survey shows that many companies still have significant ground to cover regarding Sarbanes-Oxley compliance," said Jefferson Wells CEO Owen Sullivan.
A&A

House Passes Bill Allowing More Child Care Savings

The House passed a bill on Tuesday that would allow families to keep unspent money they saved that year in tax-free child care accounts.Currently, employees have to give up any money that remains unspent in their flexible spending accounts at the end of the year. Under the bill, passed by voice vote, families will be able to roll over up to $500 in unused child care savings to the next year, the Associated Press reported.Flexible spending accounts are offered by employers so families can set aside pre-tax money for health care or child care expenses.

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