Will this happen to Accountants too?

What is the issue about?
The case involves lawyer Bachoo Mohan Singh, 61, who was convicted two years ago of helping to file a false claim – an offence which carried a mandatory jail term.

Having failed in his appeal to the High Court (which usually is the end of legal route), he took an unusual route of getting the Registrar to have his case heard by the Court of Appeal (Singapore’s highest court). On what ground, you may ask.

The hearing will allow the three-judge Court to consider this issue of concern to the legal community here, ie. the extent to which lawyers are responsible for verifying claims made by their clients which may turn to be false subsequently.

What is the current practice? Lawyers take most statements given to them by clients based on good faith, and assume them to be true.

The Court’s view on the case could put both lawyers and their clients on notice.

Edgar, what has this piece of news got to do with Accountants and Auditors? Try replacing “lawyer” with “accountant / auditor” in the above paragraphs, do we wish to be in the same position as Mr Singh? As a tax agent, we could be filing GST returns based on client’s information.

The ruling is due soon. I just hope the Court will not seek “refuge” under the “reasonable man rule”.

Enhanced Loss Carry Back – Priority issue

Rule – A company that has assessable income for a particular YA may be eligible to offset the income with losses carried forward from a prior YA as well as losses carried back from a subsequent YA.

Consider this scenario. There could be loss carried forward from YA2006 available to offset the
assessable income of $80,000 in YA 2007 in addition to the loss carried back from YA2009.

Question – What should the priority of offset be? Should it be carry forward first, then carry back, or vice versa?

Answer – Based on section 37E(1) and (17) of the Income Tax Act, the losses brought forward would be deducted first.

Airocean’s directors in Court

What is the case about?
The indepedent directors of Airocean have been charged for breach of duty when they are alleged to have given misleading announcements over the nature and details of investigation of Mr Thomas Tay, the former CEO of Airocean by Corrupt Practices Investigation Bureau (CPIB).

Ms Lorraine Tay, the Vice President of SGX’s issuer regulation unit and the team leader in charge of Airocean’s compliance issues, was queried by Mr Davinder Singh, Senior Counsel, acting for one of the independent directors in the early proceedings.

Lorraine said SGX was informed by MAS then that the announcements may not be accurate and that MAS was unable to disclose why. Mr Singh queried whether this was informed to the directors.

  • What information did SGX have at that point in time?
  • What were the precise circumstances leading to SGX to conclude that the announcements then at that point in time were misleading
  • And whether the same information was conveyed or made available to the directors?
  • And when the directors became aware of the information, did the directors, to the best of their abilities, attempt to rectify any “misannouncements” made earlier to the investing public?

SGX‘s position – Announcements must always be the responsibility of the directors.

MAS‘s role with CPIB and MAS’s role with SGX – Beyond my realm of understanding at the moment.

CPIB‘s role – To investigate any wrongdoing. But could they be expected to tell the whole world who and what they are investigating and may end up compromising their investigation?

Let us await for more news on this case.

Reference – BT, Aug. 15, 2009

Liquidator and her independence

Background
Singapore-based Fustar Chemicals Pte Ltd owes FCL (Hong Kong) a debt of $614,560.71. Mr Ng Cheong Ling owns FCL (Hong Kong) while Mdm Wong Ser Wan owns the Singapore entity.

The Singapore firm came under voluntary liquidation in 2004, mired by a matrimonial dispute between them. Mdm Wong appointed Ms Ong Soo Hwa to be the liquidator.

Ms Ong rejected the existence the debt on the basis of absence of primary documents even though secondary documents such as audit confirmations and “qualified” audited accounts were submitted.

The dispute went to court.

Decision

The High Court agreed with Ms Ong’s decision not to admit the debt. The Court of Appeal, led by Justice VK Rajah, disagrees and overturns the earlier decision on the following grounds:-

  1. “weight should be given to the fact that the accounts in question have been audited’ and there was no evidence to conclude that the audited accounts may be inaccurate or incorrect.”
  2. “It must be obvious to anyone with accounting background that the doubtfulness about the collectibility of a debt by a creditor has no effect on a legal obligation to make payment by the debtor”

Justice VK Rajah expressed stern words on Ms. Ong‘s performance as a liquidator.

  • “A liquidator must not only act independently, but be seen to be independent.” She is seen to be biased in favour of her appointers.
  • Though the accounts were qualified by auditors, the debts are still part of the audited accounts of the company as the accounts were approved by the directors and shareholders at annual shareholders’ meetings.

As punishment, The Court of Appeal told Ms Ong that she can only get her fees after all the creditors have been paid.

FRS 16 – Property Plant Equipment v090604

a plant as defined by FRS16

FRS 16 prescribes the accounting treatment for property, plant and equipment.

Property, plant and equipment are tangible assets that are in use for more than one accounting period. Cost of property, plant and equipment comprise of:-

  1. Its purchase price, including import duties and non-refundable purchase taxes, after deducting trade discounts and rebates.
  2. Any costs directly attributable to bringing the asset to the location and condition necessary for it to be capable of operating in the manner intended by management.
  3. The initial estimate of the costs of dismantling and removing the item and restoring the site on which it is located, the obligation for which an entity incurs either when the item is acquired or as a consequence of having used the item during a particular period for purpose other than to produce inventories during that period.

Property, plant and equipment are initially recorded at cost. Subsequently, they can be carried either:-

  • Cost less any accumulated depreciation and any accumulated impairment losses; or
  • Revalued amount (Fair value at the date of revaluation), less any accumulated depreciation and any accumulated impairment losses.

If option (b) is chosen, all assets within a class of property, plant and equipment must be revalued and the valuations must be updated regularly.

A revaluation increase shall be credited directly to equity as revaluation surplus, unless it reverses a revaluation decrease of the same asset previously recognized in profit or loss.

A revaluation decrease shall be recognized in the profit or loss. However, the decrease is debited directly to revaluation surplus in equity to the extent of the credit balance in revaluation surplus.

Depreciation is the systematic allocation of the depreciable amount of an asset over its useful life. The residual value and the useful life of an asset should be reviewed at least at each financial year-end. If expectations differ from previous estimates, the change in accounting estimate (FRS 8 Accounting Policies, Changes in Accounting Estimates and Errors) is applied.

Impairment is recognised in accordance with FRS 36 Impairment of Assets.

The gain or loss on the derecognition of an item of property, plant and equipment shall be determined as the difference between the net disposal proceeds, if any, and the carrying amount of the item and is included in the profit or loss.

FRS 16 specifies disclosures about property, plant and equipment.

Source – ICPAS CPA Singapore Wire 9 June 2009

ACRA, Van der Horst Energy and FRS102

a quiet pavillion

What happened?
The Accounting and Corporate Regulatory Authority (ACRA) has requested Catalist-listed Van der Horst Energy (VDHE) to restate its financial statements for fiscal 2008 on grounds that options granted to two executive directors should have been treated as an equity-settled share-based payment under a financial reporting standard (FRS).

ACRA confirmed that this is the first time it has directed a listed company to restate its financial statements under such circumstances.

What is the rule?
FRS102 ruled that every company that granted stock options have to account for them as a business expense in its income statement, instead of merely just having to mention them as a note in the annual report.

What is the implication?
After taking the fair value of the share options of $5.7 million as business expense, VDHE would now report a pre-tax loss of $2.83 million, instead of the pre-tax profit of $2.87 million that were earlier stated.

ACRA was not prepared to sit back and accept the auditor’s qualification of the accounts on the basis of non-compliance with FRS102. ACRA has now ruled for restatement of the financial statements.

Transfer pricing in retro – 2006

a portrait

Back in July 2006, the Inland Revenue Authority of Singapore (IRAS) organised its first transfer pricing conference in collaboration with several renowned tax and business consulting firms, including PricewaterhouseCoopers (PwC).

Over 600 executives and tax practitioners attended the half-day forum titled: Transfer Pricing in Singapore – What you need to know.

It officially signalled IRAS’s intention to focus resources in this area in the coming years. In future postings, I will attempt to provide the latest update on this front.

In 2006, Mr. See Jee Chang, IRAS’s Director for International Tax/Tax Policy & Ruling, highlighted two areas that require further clarification.

  • One area relates to the current practice of not requiring interest on intercompany loans.
  • The second relates to the common practice of charging a 5% profit mark-up for intercompany services.

At that preliminary stage, IRAS did not provide any detailed guidance but only signalled that related party loans involving foreign entities may be subject to adjustments.

With regard to intercompany services, IRAS mentioned that while a 5% mark-up may be accepted for routine services, the arm’s length principle may imply higher mark-ups for non-routine, value-added services.

Audit opinion?


Based on Singapore’s accounting standards, auditors would put an ‘emphasis of matter’ if an issue warrants deeper discussion but does not affect the auditors’ opinion.

Matters that affect their opinion would be highlighted by way of a qualified opinion, a disclaimer of opinion or an adverse opinion – in order of severity.

Is there a better way?

Perhaps we could follow the World Health Organisation’s numerical approach on the level of seriousness on H1N1.

Alternatively, we could go on the colour-coding way.

Of course, I am not wholly serious about the above suggestions.

But the point here, let us not try to make our profession and our work complicated by using “chim” words/phrases that the ulitmate users of the auditor’s report may not understand.

Can we do better?

Transfer pricing in taxation

In management accounting, transfer pricing is a topic which addresses the issues with regard to determining a price for the transfer of goods and services between two divisions in a decentralised set-up.

In taxation, transfer pricing relates to the following areas:-

  • When entity A sells goods on credit to entity B and the receivable remains outstanding beyond the normal credit term – Entity A may be deemed to have provided interest-free funding to entity B.
  • Entity A and entity B are related. Entity B uses entity A’s accounts department as its accounting resource. How much should entity A charge entity B? IRAS is prepared to accept a 5% mark-up on the basis that this has been a practice commonly adopted by related party service providers in Singapore as remuneration for providing routine support services. Other mark ups are acceptable. subject to arm’s length principle.
  • In the third situation, entity A and entity B are utilising a service provided in a cost pooling arrangement. Issue here is the way the costs are allocated between the entities.

FRS 14 – Segment Reporting v280509

FRS 14 prescribes the reporting of financial information by segment – information.

FRS 14 applies to enterprises whose equity or debt securities are publicly traded and enterprises in the process of issuing equity or debt securities in public securities market. Enterprises not in the above categories are also encouraged to disclose financial information by segment voluntarily.

A business segment is a component of an enterprise that is engaged in providing an individual or a group of product or service and is subject to risks and returns that are different from other business segments.

A geographical segment is a component of an enterprise that is engaged in providing products or services within a particular economic environment and is subject to risks and returns that are different from those in other economic environments.

The source and nature of an enterprise’s risks and returns determine whether the primary segment reporting will be business segments or geographical segments. Enterprises risks and returns mainly affected by differences in products and services should have its primary segment reporting as business segments and secondary segment reporting as geographical segments.

Likewise, enterprises risks and returns mainly affected by its operations in different countries should have its primary segment reporting as geographical segments and secondary segments as business segments. This is identified by the enterprise’s internal organizational and management structure and its system of internal financial reporting to senior management.

A business or geographical segment is a reportable segment if a majority of its revenue is earned from sales to external customers; and

a) these revenue from sales to external customers is 10% or more of the total revenue of all segments; or

b) its profit or loss results is 10% or more of the combined result of all segments in profit or loss, whichever is the greater in absolute amount; or

c) its assets are 10% or more of the total assets of all segments.

If total external revenue due to reportable segments is less than 75% of the total consolidated revenue, additional segments are identified as reportable segments until at least 75% of total revenue is included in reportable segments.

The disclosure for each primary reportable segment is as follows:-

a) separate revenue disclosure of sales to external customers, inter-segment revenue;

b) separate results from both the continuing and discontinuing operations;

c) carrying amount of segment assets;

d) segment liabilities; and

e) cost incurred in the period to acquire property, plant and equipment and intangibles.

The disclosure for each secondary reportable segment is as follows:-
a) separate revenue disclosure of sales to external customers and inter-segment;
b) carrying amount of segment assets; and
c) cost incurred in the period to acquire property, plant and equipment and intangibles.

Source – ICPAS CPA Singapore Wire 28 May 2009