by Edgar

Position available soon – IASB Chairmanship

wish you a roaring new year

I understand the current IASB chairman, Sir David Tweedie will stand down in June 2011 upon expiry of his contract. Headhunters have been activated to look for a successor. I am thinking about applying for the position. What are requirements of the job?

Sir Tweedie has spent a decade in transforming an obscure committee into a board whose rules are effectively law in over 120 countries, including the European Union. If I were successful in getting the job, I must be able to deliver at least another 120 countries within the same time frame. I am sure it will be one of many thousands KPIs. What are other possible things in store for me?

I will need to be a skilled diplomat and yet comfortable debating the intricacies of financial reporting with technical experts.

Diplomacy is necessary as you attempt to cajole acceptance of IASB rules that may not fit the respective circumstances of each member country.

I must always remember to express my gratitude to European Union for giving IASB the kick start it needed.

I must be able to appease the Americans of their fear of surrendering regulatory control over financial reporting issues to Europe and the rest of the world. [Just like why they are keeping United Nations in New York?]

Besides Europe and US, I must be able to give the remaining stakeholders in form of Asia, with rising economic powers, a voice in the making of the rules.

I must be nimble to be able to “siam” the pots, pans and shoes that could be thrown at myself if the world faces another financial crisis in the future and blame IASB for it. Just like what they did to “Fair Value”.

I had the pleasure of meeting him once from about 20 feets away. He gave such an entertaining speech fully peppered with typical British jokes ie. subtle yet effective. I will always remember the newspaper-in-the-highland-of-Scotland joke. Tell you when I see you.

In short, Stig Enevoldsen, chairman of the European Financial Reporting Advisory Group (EFRAG) said, ‘If you look at requirements for the new chairman, the only thing that is not included is that he should be able to walk on water.’

So assuming if Edgar can do all the above and can walk on water, he will definitely get the job entitled “Accounting Ayatollah” or “Accounting Czar”….

by Edgar

Current Tax Trends


Here are the current tax trends and their respective consequences as observed and explained by Lor Eng Min and Ang Lea Lea of Ernst & Young Solutions LLP:-

a) Increased information sharing among tax authorities of different countries
Businesses with operations over several countries would have to be careful in ensuring consistent information being given to the various tax authorities.
[Edgar – The same attitude should be adopted in providing information to various departments within a tax authority.]

b) Tax authorities sharpen their focus on large companies.
As many governments have incurred budget deficits in 2009, enhancing tax revenue collection could be a priority. By focusing on large companies, a significant portion of revenue could be collected very quickly while sending a signal to the rest of market to comply.
[Edgar – Given the advancement in technology and information availability, tax authority now has the ability to drill down and cross reference on companies, big and small.]

c) Shorter filing deadlines
In Singapore, the interval between filing of tax returns and the financial year end of company has been reduced substantially. If your company’s year end is Dec 31, 2009, you are to submit your Form C in Nov 2010. [Edgar – Secondly, companies are encouraged to submit Estimated Chargeable Income. Failing which, the authority may present its own preliminary assessment and tax is payable within a month.]

d) Timely and voluntary disclosure requirements
Incentives in term of lighter penalty are explicitly stated to achieve the above.

e) Transfer pricing documentation and Advanced pricing arrangements
Given complex costing and pricing issues between entities in a group, the Group is encouraged to seek a formal understanding on any inter-company arrangement with tax authority.

Reference – Singapore Accountant, Jan 2010.

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by Edgar

OECD wants country-by-country tax reporting

after 10.15pm

Impacts of such a move:-
It would shake up how multinationationals present their accounts.
It aims to cut back tax avoidance and transfer pricing in developing countries.

Organisation for Economic Cooperation and Development (OECD) will present guidelines that could force MNCs to reveal profits and tax paid/payable in every country they operate in.

The MNCs are worried that the transparency will provide civil groups, citizens and governments of such countries in which the MNCs have operated / are operating in, may have been short changed in tax revenue.

As they are just guidelines for the moment, OECD is pushing IASB to formalise it.

by Edgar

Gan Oh Boon and Tax Exemption Scheme

A businessman, Gan Oh Boon, warmly embraced the idea from Chng Chor Tong, his auditor, of spreading the profits from his steel forming and rolling business over 6 new companies set up in 2004.

Law – The law exempts new companies from paying tax on the first $100,000 of chargeable income and partially exempted for the next $200,000.

Modus operandi
Company A signs management agreement with each of the 6 shell companies. The profit from Company A is evenly distributed to 6 companies by fictitious expenses (valued $1,6mio) with no work or services performed by the 6 shell companies for Company A.

The fictitious expenses were “correctly named” and comprised of commission fees, technical consultancy fees, marketing consultancy fees, engineering consultancy fees and management fees.

The said fees were for the work and services purportedly performed by the 6 shell companies. Even though these fees were reported as income by the respective shell company, the overall tax burden has been reduced substantially for the Years of Assessment (YA) 2005 to 2007.

What went wrong for Mr Gan in applying the law?
The tax exemption scheme under section 43(6A) of the Income Tax Act, which took effect from YA 2005, was introduced to support entrepreneurship and encourage growth of local enterprises.

But in my humble interpretation, the 6 shell companies are basically shells with no independent employees and resources carrying out its own economic activities.

You can’t just create companies to distribute the profits around!!!

What are the punishments?

  • For the company, a fine of $24,000 and a penalty of $988,933.58.
  • For Mr Gan Oh Boon personally, 2 weeks of imprisonment and a total fine of $8,000.
  • In default of payment of the fine, the default sentence would be 6 weeks of imprisonment.
  • He was also ordered to pay a total penalty of $988,933.58. In default of payment of penalty, the total default sentence would be 34 months of imprisonment.
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by Edgar

Windfall tax on bankers’ bonuses

was here last weekend

Britain and France have decided to impose a windfall tax on bankers’ bonuses.

Under the new one-time tax, any bank operating in Britain must pay a tax of 50% on all discretionary bonuses of more than GBP25,000 (SGD$56,500) paid between now and April 5 next year. Banks attempting ‘avoidance schemes’ by postponing bonuses would face further, unspecified punishments. As the bonus payouts are mostly contracted, the banks are obliged to pay. Nobel prize-winning economist Paul Krugman supports the idea.

So what could these fat cat bankers do?
Firstly, they can fly out of Europe to anywhere else such as Asia. They can then do whatever they are doing in Europe but do it in Singapore or Hong Kong instead.

Or secondly, they can stop calling themselves “bankers”. The windfall tax is on bankers’ bonuses and not cleaners’. Perhaps the bankers can call themselves cleaners and they get to keep their bonuses after deducting a nominal income tax. A small humiliation with full pockets.

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by Edgar

FRS for SMEs – Definition issue

shenton way last week

The International Accounting Standards Board (IASB) published the International Financial Reporting Standards for Small and Medium-sized Entities (IFRS for SMEs, or Standard) on July 9, 2009.

The Professional Standards Group of Foo Kon Tan Grant Thornton made an obervation of South Africa’s experience in preparing for the adoption of an SME standard. It observed that 90% of the queries on the ED were on who could apply the ED.

Thus getting the definition of the term SME right is of paramount importance. Let me present some definitions offered by the various authorities thus far.

The Standard is designed to meet the financial reporting needs of entities that:-
(1) do not have public accountability and
(2) publish general purpose financial statements for external users.

Spring Singapore defines SMEs as those entities with:-
(1) less than $15mio of non current assets in manufacturing sector or;
(2) employ less 200 workers in non manufacturing sector.

Last year, Accounting Standards Council (ASC) proposed that an entity would qualify as a SME if it satisfies two of the three size criteria below.
(1) net assets do not exceed $15mio;
(2) annual turnover does not exceed $15mio and;
(3) average number of employees does not exceed 200.

What are the possible practical application issues on the definitions?

(1) Non current assets
– Based on historical purchase price of asset? Can revalued? Impairment?
– Based on net book value? Thus it could depend on depreciation method adopted?
– Classification “mess” between NCA and CA?

(2) Annual turnover
Currently an exempt private company with less than $5mio of annual revenue is already exempted from the need for audited financial statements. Is there not a conflict with the $15mio criteria?

(3) No. of employees
– Who is your employee? Those on CPF contribution list? Part time?
– Can manipulate to meet criteria by moving from “contract for service” to “contract of service”/outsourcing?

Source – ACCA Singapore, FOCUS Quarter 3 – 2009

by Edgar

Top chefs in hot soup?


Some top hotels in Singapore are now without their respective chefs in their Chinese restaurants. They have been summoned to Corrupt Practices Investigation Bureau (CPIB) to “assist” in investigation of accepting bribes from a seafood provider.

What is the modus operandi?
Top chefs are king of their mountain ie. kitchen, in the hotels. They dictate what to buy and from who in the name of ensuring quality for their top Chinese restaurants. Suppliers have to show their appreciation for a more than amicable business relationship by showering them with “love” and “attention” in the form of gifts and money.

How did CPIB got a sniff of these violations?
CPIB was notified by Inland Revenue Authority of Singapore (IRAS). IRAS is investigating a seafood supplier on tax evasion. IRAS found some computer files with payout information in computers seized from the seafood supplier.

So the next time when you are eating sharkfins, fish maw, scallops in these expensive restaurants, you are not sure whether they are really “clean” or not.

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by Edgar

Lack of professional scepticism = "boh chap"?

golfing or auditing?

At ACRA’s annual Public Accountants Conference on Aug 19, 2009, ACRA presented their findings on public accountants as follows:-

On the larger audit firms ie. auditors of public interest companies lack ‘professional scepticism’ while experienced audit partners often take a hands-off approach on actual audit (Edgar’s cheeky remark – Partners take a hands-on approach on golf?)

What do you mean by “lack of professional scepticism”? ACRA noted the following:-

  • the larger audit firms have generally failed to assess related-party transactions, management assumptions and forecasts, and the risk of fraud or misstatements.
  • junior audit staff doing most of the key audit work.

As to the smaller accounting outfits, they struggle to maintain audit quality with a very very competitive fees environment. Some faults noted are:-

  • some small outfits still do not search for unrecorded liabilities and do not perform work to test foreign currency translation.
  • increasing demands of the audit environment coupled with difficulty to attract quality audit staff and resources to provide adequate supervision.

Punishments done to date

  • Since 2004, seven public accountants have had their professional practice licences suspended or cancelled by ACRA as reported by Ow Fook Chuen, deputy CEO of ACRA.
  • Less severe cases have been dealt with by way of reprimand, mandatory peer review requirement and regulatory course.

I have the opportunity of meeting a few fellow members undergoing “remedial classes” in the last 2 weeks. One has told me of their uncertain fate even after attending their 3-day programme.

Any idea to resolve?
Ms Penelope Phoon, Singapore Country Head, ACCA provided some directions. She said the “anomaly in audit fee levels and the volume of work are therefore locked in a vicious cycle that increases the propensity of firms to overlook critical matters and lose their professional scepticism occasionally”.

One of the keys to breaking this vicious cycle is to understand in a clear way why companies in are paying much lower fees for, many would argue, comparatively higher quality audits.

Do you have any other ideas?

by Edgar

Tax spies and top income bracket


Mr Ooi Boon Jin, head of international executive services at KPMG, made this observation in today’s BT. He said, “Our study has recorded a general decline in top personal income rates over the past seven years, but for 2010 we are seeing indications that a reversal may be on the way.”

A reversal in falling tax rates in attempt to drive tax collections to pay for the trillions of stimulus packages implemented over the last 12 months.

In another development reported in today’s BT, Mr Mochamad Tjiptardjo, the new tax chief since last month, said, “(Indonesia) must boost tax revenues significantly to meet the government’s ambitious target in a country where tax evasion has been routine.”

How does he plan to do it? Among the many initiatives, he intends to send “tax spies” to places to gather evidences of Indonesians have stowed their ill-gotten gains and evading taxes.

So if you are a high income earner, it is time you seriously review your tax residency status if you have not.

KPMG illustrated that a Singapore tax resident would pay top personal tax rate of 20% if and if their next chargeable income exceeds SGD$320,000 or USD217,317/-. If you are a Malaysia tax resident, you would have the honour of paying the top personal income tax rate of 27% at a significantly modest annual income of USD28,470/-.

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by Edgar

SGX proposing local auditor and governance adviser

Singapore Exchange CEO Hsieh Fu Hua in a speech at the annual Invest Fair on last Saturday proposed the following regulatory changes:-

  1. Companies with foreign operations audited by an overseas accounting firm may need a joint sign-off by a local auditor;
  2. New listings may need to hire governance advisers for two years after their initial public offering (IPOs).

The costs of listing and costs of maintaining a listing status in Singapore for an entity with foreign operations have just gone up.

The devil will be in executing the above changes.

Some issues of the top of my head would be:-

  • Local auditor signing off would also be in a position to decide which foreign auditor to appoint?
  • Will this eventually lead to local auditor taking over the audit of foreign operations as well?
  • What is the level of responsibility of local auditor signing off?
  • What are the responsibilities of governance advisers? Is he or she a board level personnel? Can a staff hired to do internal control duties be designated a governance adviser?
  • Actually who is a qualified governance adviser? Lawyers or accountants?

I would like to hear SGX proposing some control and maintenance measures to be done by them. I really hope SGX is not attempting to propose measures that would eventually “outsource” their control function to local auditors and governance advisers at the expense of the listed entities.