News & Tech Tips

Evaluating “going concern” concerns

Under U.S. Generally Accepted Accounting Principles (GAAP), financial statements are normally prepared based on the assumption that the company will continue normal business operations into the future. When liquidation is imminent, the liquidation basis of accounting may be used instead.

It’s up to the company’s management to decide whether there’s a so-called “going concern” issue and to provide related footnote disclosures. But auditors still must evaluate the appropriateness of management’s assessment. Here are the factors that go into a going concern assessment.

Substantial doubt and potential for mitigation

The responsibility for making a final determination about a company’s continued viability shifted from external auditors to the company’s management under Accounting Standards Update (ASU) No. 2014-15, Presentation of Financial Statements — Going Concern (Subtopic 205-40): Disclosure of Uncertainties About an Entity’s Ability to Continue as a Going Concern. The updated guidance requires management to decide whether there are conditions or events that raise substantial doubt about the company’s ability to continue as a going concern within one year after the date that the financial statements are issued (or within one year after the date that the financial statements are available to be issued, to prevent auditors from holding financial statements for several months after year end to see if the company survives).

Substantial doubt exists when relevant conditions and events, considered in the aggregate, indicate that it’s probable that the company won’t be able to meet its current obligations as they become due. Examples of adverse conditions or events that might cause management to doubt the going concern assumption include:

  • Recurring operating losses,
  • Working capital deficiencies,
  • Loan defaults,
  • Asset disposals, and
  • Loss of a key franchise, customer or supplier.

After management identifies that a going concern issue exists, it should consider whether any mitigating plans will alleviate the substantial doubt. Examples of corrective actions include plans to raise equity, borrow money, restructure debt, cut costs, or dispose of an asset or business line.

Aligning the guidance

After the FASB updated its guidance on the going concern assessment, the Auditing Standards Board (ASB) unanimously voted to issue a final going concern standard. The ASB’s Statement on Auditing Standards (SAS) No. 132, The Auditor’s Consideration of an Entity’s Ability to Continue as a Going Concern, was designed to promote consistency between the auditing standards and accounting guidance under U.S. GAAP.

The updated guidance requires auditors to obtain sufficient appropriate audit evidence regarding management’s use of the going concern basis of accounting in the preparation of the financial statements. It also addresses uncertainties auditors face when the going concern basis of accounting isn’t applied or may not be relevant.

For example, SAS No. 132 doesn’t apply to audits of single financial statements, such as balance sheets and specific elements, accounts, or items of a financial statement. Some auditors contend that the evaluation of whether there’s substantial doubt about a company’s ability to continue as a going concern can be performed only on a complete set of financial statements at an enterprise level.

Prepare for your next audit

With increased market volatility, rising inflation, supply chain disruptions, labor shortages and skyrocketing interest rates, the going concern assumption can’t be taken for granted. Management must take current and expected market conditions into account when making this call and be prepared to provide auditors with the appropriate documentation. Contact us before year end if you have concerns about your company’s going concern assessment. We can provide objective market data to help evaluate your situation.

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Last call for lease accounting

The updated lease accounting standard is currently in effect for private companies. After several postponements during the pandemic, the Financial Accounting Standards Board (FASB) voted unanimously to move forward with the changes. That means private companies and private not-for-profit entities that follow U.S. Generally Accepted Accounting Principles (GAAP) must adopt the new standard for fiscal years beginning after December 15, 2021, and interim periods within fiscal years beginning after December 15, 2022. Surprisingly, some organizations still haven’t completed the implementation process, however. (Note: The updated accounting rules for long-term leases took effect for public companies in 2019.)

In a nutshell

Under the updated guidance, organizations must report both operating and finance leases on their balance sheets (with the exception of short-term leases with terms of 12 months or less). Previously, operating leases didn’t have to be recorded on the balance sheet.

This means lessees must now record a “right-to-use” asset and a corresponding liability for lease payments over the expected term. Generally, the asset and liability are based on the present value of minimum payments expected to be made under the lease, with certain adjustments. The updated guidance also requires additional disclosures about the amount, timing and uncertainty of cash flows related to leases.

How will these changes affect your organization’s financial statements? The effects vary, but if you have significant operating leases for buildings, equipment, vehicles, technology and other assets, adopting the updated standard will immediately increase your company’s assets and liabilities, making it appear to be more leveraged than before. This can cause technical violations of loan covenants that limit your debt or require you to maintain certain debt ratios. You might want to forewarn your lenders if you expect major changes to your year-end financial results under the updated guidance.

A major undertaking

Based on our experiences with public companies and other organizations that have already implemented the updated lease standard, the biggest challenge will be to locate all of your leases and extract the data necessary. Leases generally aren’t standardized, so reviewing them and gathering the required data — including lease terms, payment schedules, end-of-term options and incentives — can be a time-consuming, manual task.

Another challenge will be identifying leasing arrangements that must be accounted for under the updated standard but aren’t found in traditional lease agreements. If an agreement gives you the right to control an identified asset for a period of time in exchange for payment, then it may be considered a lease under the updated guidance. For example, leases may be “embedded” in service, supply, transportation or information technology agreements. With embedded leases, you’ll need to separate the contract’s lease and nonlease components for reporting purposes.

Leverage external resources

Organizations with significant leasing arrangements might want to consider purchasing lease accounting software to automate the process of managing and tracking their leases and calculating their lease-related assets and liabilities. If you haven’t yet started the implementation process, we can help you evaluate software options and get your accounting records and systems up to speed. Contact us for more information.

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Paying tribute to auditor independence

In the spirit of Independence Day, it’s a good time to review the rules for auditor independence. If you discover potential issues now, there’s still plenty of time to take corrective action before next year’s audit begins.

Definition of independence

Independence is one of the most important requirements for audit firms. It’s why investors and lenders trust CPAs to provide unbiased opinions about the presentation of a company’s financial results. The AICPA and the Securities and Exchange Commission (SEC) have rules regarding auditor independence. Even the U.S. Department of Labor has issued independence guidance for auditors of employee benefit plans.

The AICPA specifically goes to great lengths to explain how audit firms can maintain their independence from the companies they audit. In short, auditors can’t provide any services for an audit client that would normally fall to the company’s management to complete. Auditors also can’t engage in any relationships with their clients that would 1) compromise their objectivity, 2) require them to audit their own work, or 3) result in self-dealing, a conflict of interest or advocacy.

Independence is a matter of professional judgment, but it’s something that accountants take seriously. A firm that violates the independence rules calls into question the accuracy and integrity of its clients’ financial statements.

Prohibited services

Under Rule 2-01 of Regulation S-X, the SEC specifically prohibits auditors from providing the following nonaudit services to a publicly traded audit client or its affiliates:

  • Bookkeeping,
  • Financial information systems design and implementation,
  • Appraisal or valuation services, fairness opinions or contribution-in-kind reports,
  • Actuarial services,
  • Internal audit outsourcing services,
  • Management functions or human resources,
  • Broker-dealer, investment advisor or investment banking services, and
  • Legal services and expert services unrelated to the audit.

This list isn’t exhaustive. Audit committees should consider whether any service provided by the audit firm may impair the firm’s independence in fact or appearance. SEC independence rules also prohibit audit firms and auditors from engaging in financial relationships with their public audit clients, such as contingent fees, banking, insurance, debtor-creditor arrangements, broker-dealer relationships and futures commission merchant accounts.

In the spotlight

In a recent statement, the SEC’s Acting Chief Accountant Paul Munter noted that current market conditions have caused many companies to engage in complex business arrangements, including restructurings and special purpose acquisition companies. “Such arrangements have the potential to undermine auditor independence. The [general standard of independence, Rule 2-01(b)] is the heart of the Commission’s auditor independence rule, it always applies, and the Commission investigates and enforces against violations of the general standard,” said Munter.

Independence is a critical issue for public and private companies alike. Contact your auditor to discuss any questions you may have regarding auditor independence.

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Consider stress testing to lower risks

The pandemic and the ensuing economic turmoil have put tremendous stress on businesses. Many companies that appeared healthy on the surface, on their financial statements, quickly realized that they weren’t prepared for the unexpected. A so-called “stress test” of your company’s financial position and its ability to withstand a crisis can help prevent this situation from recurring in the future.

In general, stress tests evaluate a company’s ability to handle an economic crisis. A stress test includes the following three steps:

1. Determine the types of risks the business faces

Identify the operational, financial, compliance, reputational and strategic risks your company might face. For example, operational risks cover the inner workings of the company and can include dealing with the impact of a natural disaster. Financial risks involve how the company manages its finances, including the threat of fraud. Compliance risks relate to issues that might attract the attention of government regulators. Strategic risk refers to the company’s market focus and its ability to respond to changes in consumer preferences.

2. Develop a risk-management plan

Once you’ve identified these risks, it’s time to meet with your management team to improve your collective understanding of the threats facing the business, including their financial impact and the ability of your business to absorb that impact. In addition to asking for feedback about the risks you identified, encourage them to share any additional risks and projections regarding the potential financial impact.

From there, your management team can develop a game plan to mitigate risk. For example, if your company operates in an area prone to natural disasters, such as earthquakes or wildfires, you should have a disaster recovery plan in place. If your company relies heavily on a key person, you should develop a viable succession plan and consider purchasing insurance in case that person unexpectedly dies or becomes disabled.

3. Review the plan

Risk management is a continuous improvement process. New risks may emerge, old risks may fade away and the best-laid plans may become outdated over time. Meet with your management team at least annually to review copies of your current plan and consider updating it. If the risk management plan has been recently activated, ask for an assessment of its effectiveness and the changes that may need to be adopted in the aftermath.

We can help

A stress test can reveal blind spots that can affect your company’s future financial performance. This exercise is increasingly important in today’s unpredictable marketplace. While risk is part of operating any business, some companies are more prepared to handle the unexpected than others. Contact us for help conducting a stress test to assess your business’s risk preparedness and to identify and reinforce any vulnerabilities.

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Court is in Session – Will Ohio Municipalities Grant Refunds for 2020 Municipal Income Tax?

The Ohio Supreme Court stated on Tuesday that it will hear Schaad v. Alder, one of five municipal income tax cases brought to court by The Buckeye Institute, to challenge Ohio’s emergency-based system employed during the COVID-19 outbreak. The cases revolve around the first year of the epidemic when municipalities rejected otherwise qualified remote employees’ municipal tax refunds.

 

The debate boils down to the location of where the services were rendered and who the tax responsibility lies with. According to the Buckeye Institute, “For more than 70 years, the Ohio Supreme Court has recognized that the Constitution prohibits local governments from taxing the income of individuals who neither live nor perform work in the taxing city – and, yes, the constitution applies even during a global pandemic,” said Robert Alt, president and chief executive officer of The Buckeye Institute and one of Mr. Schaad’s lawyers. “The Ohio Supreme Court now has the chance to fix an Orwellian system in which the state forced people to work from home under penalty of criminal penalties, but then arbitrarily deemed that same job was conducted when it wasn’t—often in higher-taxed office settings.”

 

Looking back to a similar case from 2015. The Ohio Supreme Court case, Hillenmeyer v. Cleveland, stated that local taxation of nonresident compensation “must be based on the taxpayer’s location when the services were rendered.”

 

Even before the pandemic, Josh Schaad of Blue Ash, Ohio, worked offsite for his job several days a week and had regularly requested and received appropriate refunds for labor accomplished outside Cincinnati. However, after the Ohio General Assembly passed House Bill 197 which deemed all labor conducted remotely because of a health emergency was determined to have been completed at the employee’s primary place of work for income tax withholding reasons. Due to this change, Mr. Schaad’s municipal income tax bill increased even though he was spending less time in his main office than he had the years before.

 

In 2021, OSCPA campaigned to achieve an amendment in H.B. 110 that would allow qualifying remote workers to receive municipal tax refunds for Tax Year 2021. In the same bill, the Ohio Legislature delegated responsibility for 2020 refunds to the Ohio Supreme Court. The goal for the Buckeye Institutes to have the Ohio Supreme Court acknowledge the distinction between employers’ withholding and employees’ tax responsibility.

 

The Court has not scheduled a hearing date for this case. However, it will most likely be in late 2022 or early 2023. The case was taken up by Justices Kennedy, DeWine, Fischer, and Donnelly. Justices O’Connor, Stewart, and Brunner were the only ones to vote no.

 

Whalen CPAs has been on top of this matter since the start of the pandemic. If your work location was impacted during, and possibly after the pandemic, it is likely your Whalen professional has spoken to you about your municipal tax filing options. We are staying current on the Schaad case. Rest assured, should a favorable ruling mean a tax refund opportunity for you, Whalen will be ready to assist.