The U.S. Supreme Court on Thursday declared the mandate in Sec. 5000A, requiring U.S. citizens and legal residents to maintain minimum essential health coverage, to be a permissible exercise of Congress’s taxing powers under the Constitution (National Federation of Independent Business v. Sebelius, Sup. Ct. Dkt. No. 11-393 (U.S. 6/28/12)).
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IRS releases new FAQs for Offshore Voluntary Disclosure Program, announces other rules
The IRS said Tuesday that it has collected more than $5 billion in its offshore voluntary disclosure programs (IR-2012-64), the third of which was announced in January this year. At the same time, it also released 55 questions and answers updated for the 2012 program. On Jan. 9, the IRS
FASB proposes liquidity risk, interest rate risk disclosures
FASB issued a proposed standard Wednesday that is intended to help financial statement users better understand organizations’ exposure to liquidity risk and interest rate risk. The proposed liquidity risk disclosures would provide information about the risk encountered by the reporting organization when meeting its financial obligations. It would apply to
PCAOB invites additional comments on audit firm rotation
The PCAOB is soliciting further public comment on its concept release on auditor independence and mandatory audit firm rotation in anticipation of a public meeting on the issue Thursday in San Francisco. The comment period for the concept release was reopened Monday and will be extended through July 28. The
Sample text for Sec. 83(b) election released by IRS
On Tuesday, the IRS released a ruling under Sec. 83(b), the election to include property received in connection with the performance of services in income in the year the property is received even if there is a substantial risk that the property will later be forfeited (Rev. Rul. 2012-29). The
GASB vote places unfunded pension liabilities on government balance sheets
Unfunded pension liabilities will begin appearing on the balance sheets of U.S. state and local governments that provide defined benefit pensions under provisions of two GASB standards approved Monday. GASB on Monday approved Statement No. 67, Financial Reporting for Pension Plans, and Statement No. 68, Accounting and Financial Reporting for
GASB proposes standard on nonexchange financial guarantees
GASB on Monday proposed a new standard demonstrating how state and local governments should recognize nonexchange financial guarantees on their financial statements. A nonexchange financial guarantee is a credit enhancement or assurance offered by a guarantor that is provided without receiving consideration of equal value. The guarantor agrees to repay
GASB considers proposals on reporting unfunded pension liabilities
State and local governments would be required for the first time to report unfunded pension liabilities on their balance sheets if GASB approves two proposed standards Monday. Governments would be required to disclose a net pension liability that equals the difference between the total pension liability and the value of
Guidance clarifies when dividends are qualified performance-based compensation
In Rev. Rul. 2012-19, the IRS ruled on whether dividends and dividend equivalents paid on restricted stock were qualified performance-based compensation excluded from the applicable employee remuneration to which the $1 million limitation on the deduction for compensation by publicly held corporations applies. The revenue ruling addressed two situations involving
What to expect from the Supreme Court ruling on health care reform
In the coming days, the U.S. Supreme Court is expected to rule on the constitutionality of portions of the Patient Protection and Affordable Care Act (PPACA), P.L. 111-148. Whatever the justices conclude—whether they uphold the law, rule that Congress doesn’t have the power to require citizens and legal residents to
IRS suspends issuing ITINs without original documentation
Beginning June 22, 2012, and continuing until the IRS issues new rules (which it says it will do by the beginning of the 2013 filing season), the IRS will not issue individual taxpayer identification numbers (ITINs) unless the applicants provide original documents such as passports or birth certificates, or certified
IRS distinguishes between tips and service charges, explains notice and demand for payment
The IRS issued Rev. Rul. 2012-18, which provides question-and-answer guidance for distinguishing between tips and service charges for FICA tax purposes, the credit under Sec. 45B for the excess employer Social Security tax an employer pays on tips, and the rules for employer reporting of tips under the notice and
COSO sheds light on managing cloud risks
Management should begin control-related activities before an organization contracts with a cloud-computing service provider (CSP), according to guidance provided in a new thought paper released Wednesday by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). The paper, Enterprise Risk Management for Cloud Computing, provides a thorough examination of
SEC requires listing standards for compensation committees, advisers
National securities exchanges have been directed to adopt listing standards for public company boards of directors and compensation advisers under a rule approved Wednesday by the SEC. The rule is required by the Dodd-Frank Wall Street Reform and Consumer Protection Act, P.L. 111-203. For listed companies to continue having their
SEC Chief Accountant Kroeker to step down
James Kroeker, the SEC’s chief accountant since January 2009, will step down in July to enter the private sector. Kroeker, who joined the SEC in 2007 as deputy chief accountant, served as staff director of the agency’s study of fair value accounting standards, which was mandated by Congress in 2008.
Deadline approaching for Private Company Council nominations
Less than two weeks remain to nominate candidates to serve on the new Private Company Council (PCC) that will identify and vote on differences in U.S. GAAP for private companies. The Financial Accounting Foundation (FAF) board of trustees, which will oversee the PCC, is forming the new council and has
PTPs can use safe harbor to determine COD income that is “qualifying income”
In Rev. Proc. 2012-28, the IRS issued a safe harbor for publicly traded partnerships (PTPs) that want to avoid corporate taxation by qualifying under Sec. 7704(c) as partnerships with 90% or more of their income from qualifying sources. Under the safe harbor, the IRS will not challenge a PTP’s determination
IRS issues rules on portability election
The IRS has issued temporary regulations on how to elect to use a deceased spouse’s unused exclusion from estate taxes, also known as the portability election (T.D. 9593). The rules apply to married spouses where the death of the first spouse to die occurs on or after Jan. 1, 2011,
TPAs provide guidance on issues in auditor’s reports, compilation reports
The AICPA has issued technical guidance on emphasis paragraphs in the auditor’s reports and on independence impairment in compilation reports. Technical Inquiry and Reply (TPA) 9160.28 regards combining going-concern emphasis with another emphasis-of-matter paragraph. This TPA explains that although AU Section 508, Reports on Audited Financial Statements (AICPA, Professional Standards),
Decision on lessee model clears way for lease accounting project’s final act
Accounting standard setters agreed Wednesday on a lessee accounting approach, setting the stage for a lease accounting exposure draft in the fourth quarter this year. FASB and the International Accounting Standards Board previously agreed that leases should be recorded on the balance sheet, but have been debating the classification and
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