November 18, 2024

High & Low Finance: Deloitte’s Failings Revealed, but Only After More Than 3 Years

They should have drilled into allowances for loan losses, and they should have been especially alert for signs that the banks were playing games when they sold loans. Auditors should have carefully reviewed how the banks were valuing their mortgage-backed securities and loans that they planned to sell.

It won’t surprise you to learn that in at least one case, the auditor seems to have done a pretty poor job.

What may be surprising is that the Public Company Accounting Oversight Board figured that out at the time, and was harshly critical of Deloitte Touche, one of the Big Four audit firms, for not doing the work to check assumptions in those areas and for being overly reliant on whatever the bank’s management said was proper.

Those comments were made after the board’s inspectors reviewed Deloitte’s audit of a bank’s 2006 results, as part of the annual inspection of the firm. The inspection of 61 Deloitte audits concluded in November 2007.

Had the auditor taken the criticism to heart, it might have gone back in and checked more thoroughly.

But it did not.

The bank was not named in the report, even in the previously confidential part released this week.

I thought it might have been Washington Mutual, a Deloitte client that collapsed in September 2008, but Deloitte says that was not the case.

Deloitte, in its response to the board, stated that at the bank, “the audit procedures performed, the conclusions reached and the related documentation were appropriate in the circumstances.”

In other words, Deloitte concluded the board simply did not understand what it was talking about.

All that became public in early 2008, when the censored version of the board’s report became public. But it was little remarked on at the time. Now we have seen the rest of the report, and it is even more critical.

The report said its inspections indicated “a firm culture that allows, or tolerates, audit approaches that do not consistently emphasize the need for an appropriate level of critical analysis and collection of objective evidence, and that rely largely on management representations.”

Deloitte responded by denying almost everything. It did not like the “second guessing” shown by the regulators. It said “we strongly take exception” to the observation about its culture, which it said was simply wrong.

In any case, the firm concluded, “there were only a limited number of instances,” not nearly enough to justify questioning Deloitte’s quality controls.

The board inspectors found problems in 27 of the 61 Deloitte audits.

The Sarbanes-Oxley law that established the board included provisions to protect the public images of audit firms. If a board inspection found problems with the quality control systems, that was to be kept confidential unless the firm did not move to fix the problems over the following year. Then the release could be delayed while the firm tried to persuade the board to keep the information private. If that effort failed, the firm could appeal to the Securities and Exchange Commission.

Only then could the report be made public. So in this case, it took 41 months from the issuance of the report — more than three years — for Deloitte’s clients to learn of the problem.

The board also has the authority to file enforcement actions against auditors, but those, too, are private until the S.E.C. rules on an appeal. It is as if charges of robbery had to be kept confidential until all appeals had been completed. There is no way to know if the accounting board has taken action against anyone. An auditor that the board deems to be in violation of rules may keep working for years while secret proceedings continue.

Firms have every incentive to stall, and then to say that whatever is being criticized happened years ago.

Deloitte’s current chief executive, Joe Echevarria, tried to sound cooperative in his response this week, and was careful to point out he was new on the job. A Deloitte spokesman said that Barry Salzberg, the chief executive when Deloitte sent the response letter in 2008, was traveling in Asia and unavailable for comment.

Mr. Echevarria emphasized in an interview that the firm was investing in training, and spoke of a desire to be the leader in audit quality.

Article source: http://feeds.nytimes.com/click.phdo?i=7bb1461d1a2e028479956719f92f9d4f

Wealth Matters: More Complications for Death and Estate Taxes

But for some of these estates, the tax issue has turned out to be incredibly complex.

The reason is the terms of the agreement reached last December by President Obama and Congressional Republicans. The two sides agreed that the estate tax for 2011 and 2012 would exempt the first $5 million in assets per person and that any assets above that would be subject to a 35 percent tax rate. (Had they not reached that agreement, the exemption this year was set to be $1 million and a 55 percent tax rate.)

But instead of trying to impose the tax retroactively on the assets of people who died in 2010, the agreement allowed executors to make a choice: they could file an estate tax return under the new law or they could opt out. But in opting out, the people who received the assets would have to pay a different set of taxes when they sold those assets.

And the deadline for making that choice is coming up soon — Nov. 15.

(For most estates from 2010, the decision will be easy. Andrew Katzenstein, a partner at the law firm Proskauer in Los Angeles, said he calculated that any estate worth up to $6.25 million should file under the current estate tax regime.)

Here’s why the decision is complicated for other estates: If the heirs opt out of the estate tax, the assets in the estate will not be valued as of the date of death but at their original value. The beneficiaries are eligible for what amounts to a tax credit against the appreciated value of the assets — $3 million for the spouse and another $1.3 million for any other heir.

The problem is how the executor will determine who benefits from that $1.3 million credit.

“I have seen spiteful circumstances,” said Mitchell Gaswirth, a tax partner at Proskauer. “While there’s this amazing opportunity to avoid the wealth transfer taxes of people who died in 2010, there is tremendous family complexity and tremendous downside to this boondoggle.”

And that doesn’t even count the second problem. With only 10 weeks left to decide what to do, the one tax form needed to opt out of the estate tax, No. 8939, has not been issued yet by the Internal Revenue Service.

Still, however frustrating the delay in the I.R.S. form may be, there may be good reason to wait before just going ahead and filing an estate tax return. Joanne E. Johnson, United States head of the wealth advisory practice at J. P. Morgan Private Bank, said the firm was handling a $15 million estate that, by its calculations, would pass to the couple’s children free not only of estate tax but also of any other federal taxes. Had the surviving spouse died in 2011, and not 2010, the estate would have had to pay at least $3.5 million in estate taxes.

“That’s a great result for the beneficiaries,” Ms. Johnson said. “This is a win-win for everyone but the I.R.S.”

With that in mind, here is a look at how this issue is having a direct impact on the United States Treasury and a certain group of tax filers.

GUIDANCE With the deadline approaching, the I.R.S. is being tight-lipped on when a final form 8939 will be released. On Aug. 8, the American Institute of Certified Professional Accountants wrote to the I.R.S. commissioner demanding both clarity on the issue and an extension of the filing deadline.

But their letter yielded little. The I.R.S. released a draft of form 8939 in March, with a disclaimer that it could change. It released additional guidance in August to help answer some questions. But Eric L. Smith, a spokesman for the I.R.S., said he could not give an exact date for the final form, beyond “sometime this fall.”

This is problematic for heirs who are still weighing which way to go, since the estate tax return will have to be filed by late September. Mr. Smith suggested that executors could file for a six-month extension on the estate tax return.

But that could raise other issues. If an executor filed an extension, would the estate have to pay taxes at that time or file a separate extension to delay them? If the person filed the extension and had to pay the taxes, would the estate then have to file for a return of the estate tax if it opted out and filed form No. 8939 instead?

Mr. Smith would only say this: “All are possible.” And he referred me to the instructions page for the extension form.

Some accountants dismissed the concern over the I.R.S.’s delay as beside the point. Tamir Dardashtian, a senior tax manager at Anchin, an accounting firm, said executors should be prepared. “By now, they should have one column saying one thing, and another saying another,” he said.

DECISIONS Once the I.R.S. form is released, how an executor allocates the artificial basis may be akin to playing favorites.

Article source: http://feeds.nytimes.com/click.phdo?i=d244c47529193b6c98090abb03aeaf54

Bucks: The Best Deal You Ever Got, Just by Asking

Thierry Roge/Reuters

Many personal finance experts will tell you they subscribe to the belief that everything is negotiable. It certainly doesn’t hurt to ask, at least.

This tactic can often result in small savings, for things like utilities or gym memberships, as we’ve discussed on Bucks before. Many people are successful in negotiating rent, prices of cars and other big-ticket items.

But it can pay off to ask for discounts and deals in other places.

During one of several visits to our bank branch when we were in the process of renting a new apartment, I discovered that my husband had been paying for cashier’s checks while I have not, even though we have
the same account there. When he is asked to pay the $8 fee, he pays it. I ask for it to be waived, and I’ve never been refused.

Sometimes the amounts are trivial, but a good talker can score significant savings in circumstances where prices appear to be fixed. A kind professor once secured tuition for me for a full semester of graduate school, after nothing more than a casual conversation.

Do you ever ask for deals in unconventional places? Have you ever gotten something for free or at a tremendous discount just by asking for it?

Article source: http://feeds.nytimes.com/click.phdo?i=8159117fb1adb9b6babc987db96fac18

Bucks: Shining a Light on Your 401(k) Costs

In this weekend’s Your Money column, I’m back on the topic of 401(k) plans and how to bolster returns by making them less costly.

This week, I look at the continuing regulatory and legal discussions about how to disclose workplace retirement plan fees and under what circumstances they are simply too high.

I’m still in the market for war stories from people who have tried to decipher the data from their own plan and persuade the powers that be to make changes. If you have a tale to tell, please post it in the comments below.

Article source: http://feeds.nytimes.com/click.phdo?i=f87e99f9a4515c81f2604d1864d030be