February 2012
Transcription
February 2012
FEBRUARY 2012 contents 9 NEWS (latest) 3 From the CE’s desk 4 Quiz – 1970s Letters 5 Obituary – Sir Henare Ngata FCA Condolences 6 Fit for the Future 3 implementation underway On the cover: Richard Austin on his yacht Fiddlestix, P22. NZICA members will notice a number of changes to governance and operations this year, after the vote in November to accept rule changes proposed during Fit for the Future 3 7 In memoriam EDITOR Aaron Watson ([email protected]) ASSISTANT EDITOR Jennifer Black DESIGN, PHOTOGRAPHY David Geard & PRODUCTION SUBSCRIPTIONS Customer Service Centre (contact: [email protected]) Tel: 04-474 7840 CIRCULATION 29,500 copies printed PUBLISHER The Chartered Accountants Journal is published monthly (except January) by the New Zealand Institute of Chartered Accountants, PO Box 11-342, Level 7, Tower Building 50 Customhouse Quay Wellington 6011 Tel: 04-474 7840 Fax: 04-499 8033 Web: www.nzica.com All material appearing in The Chartered Accountants Journal is copyright. Editorial material does not necessarily reflect the views of the Editor or the New Zealand Institute of Chartered Accountants. PRINTING The Chartered Accountants Journal is printed by PMP Print. ADVERTISING Advertising sales by Rosie Payne DDI: 64-9-917-5931 Mob: +64 27 491 3570 Email: [email protected] NZICA recently purchased two artworks by Canterbury artists as a permanent tribute to those members who lost their lives in the Christchurch earthquake, and those members who lost loved ones 8 The future with Betty Budget People like to hypothesise about how changes in the name of progress will affect modern life 9 BMW heads off competition Journal staff member David Geard put some of BMW’s top vehicles to the test at Pukekohe Park Raceway 10 New Year Honours Congratulations to the NZICA members recognised in New Year Honours 12 Third place in big race Hilary Wicks CA had hoped to finish in the top 10 of her age group at the Ironman World Championships in Kona, Hawaii, but she exceeded her expectations when she crossed the finish line in third place 13 IR developing SPFR rules Special purpose financial statements guideline developments 14 The lease challenge When negotiating the terms of the lease for a new premises both the landlord and the tenant need to be wary of the many weaknesses in the standard commercial lease 16 Business interruption insurance Many Christchurch business owners face the end of their business interruption insurance period in February 18 New Admissions Congratulations to our people on the rise 19 Ask Uncle Tom Death, sports, disclaimers, liens and the Almighty’s galactic problem 7 NEWS (NZICA) 22 Helmsman New NZICA President Richard Austin FCA explains his key goals for 2012, his approach to the Presidency and his love of sailing to Journal editor Aaron Watson The Chartered Accountants Journal is the official magazine of the New Zealand Institute of Chartered Accountants. CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 1 FEBRUARY 2012 contents 28 The management accountant: focus on performance Management accounting has long been described as a practice that analyses and communicates information in a manner that creates (or protects) value, but that leaves many questions unanswered 30 Unequal pay SHELF LIFE 69 New library catalogue for new Women continue to earn less than men, and the reasons why are not always easy to explain NEWS (latest) 32 Insolvency decision affects year 42 70 What's new in the library creditors A recent insolvency legal decision is good news for employees and Inland Revenue but bad news for secured creditors 35 Holding banks accountable How socially responsible are the mortgage lending practices employed by NZ lenders and mortgage brokers after the GFC? 38 ACC experience rating ACC levies may now be based on the claims history of your business 41 NGOs in Samoa: assessing accountability Samoa’s oral tradition of accountability poses challenges for non-Samoan auditors 42 From Somalia to secondments Former refugee Ahmed Sofe CA is currently on his second international secondment and living a vastly different life from the one he and his family fled 44 Software feature 2012: the year of the cloud NZICA has just upgraded its library catalogue system so members can now do more, and access more information COLUMNISTS 53 Record fine for PwC UK The UK’s Accountancy and Actuarial Disciplinary Board has handed down a record fine 54 New Year, new rate cut? Another rate cut is likely in Australia at a time when unemployment is up, the housing market is weak and retail spending is sluggish 56 Election 2011: winners and losers The final results of Election 2011 have been confirmed and there were some clear winners and losers 58 Price relativity People like to feel they are getting a good price 60 Tax burdens across the US A guide for NZ businesses contemplating a US presence 64 Subordinated debt has payout 72 Gems in the library INSTITUTE 74 Notices of Decisions of the Disciplinary Tribunal PRIVILEGE PARTNERS 76 Privilege Partner News 77 Hot Deals INSTITUTE 78 Classifieds OPINION 80 IFRSing in the USA Slow but steady progress is being made on the adoption of IFRS in the US 81 Serving shareholders New Zealand Institute of Chartered Accountants Chief Executive Terry McLaughlin FCA identifies top of mind issues for directors in 2012 risks Subordinate bonds offering tempting yields, but investors risk being sent to the back of the queue if the issuer runs out of money 66 Image Matters Tania Gullery CA, senior accountant, Active Chartered Accountants, Lower Hutt, gets a makeover 38 66 2 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 LATEST From the CE’s desk IN THE COURSE of preparing an article on the challenges facing directors in 2012, I had the opportunity to canvas the views of senior directors who are also NZICA members. They have driven home to me that there are key areas of focus that all organisations must work on if they are to be successful for shareholders and relevant to their customers (see the article on page 81). People are one of the key priorities they identified – both the people who work with you and the customers (or members, in NZICA’s case) who rely on you. People must be a focus if an organisation is to survive during a financial downturn. The world economy was another key issue. Maintaining an awareness of developments in the global, as well as the local economy, and devising a strategic plan to protect and grow the balance sheet is a major challenge for all business leaders in 2012. Add to those the complexities of evolving social and political arrangements in the Western world, exemplified by the ongoing debates in Europe about how governments should respond to a perceived failure of financial markets, and you have a recipe for a busy and thoughtful year ahead. What does this mean for NZICA as a professional body? For us it is going to be a year of delivery. That is around further embedding the proposals members voted for as part of Fit for the Future 3. It is about bringing our strategy to life and rolling out products and services that the membership wants and needs. It is also about ensuring we continue to attract top quality people into the profession. In that, the collaboration with the ICAA will play a big role. We must ensure the new transTasman Chartered Accountants Programme launches seamlessly in 2013. Associated with that is implementing key elements of our shared ICT platform to ensure a new Learning Management System is operational. I promised I would spend more time in Auckland and I have begun the year with a series of meetings with Auckland SIG Group chairs and other members. I’ll be ensuring that the programme of staying in touch with our key constituency remains a priority. Finally, in this first Journal of 2012, I would like to wish you all a happy and prosperous year. Terry McLaughlin FCA NZICA Chief Executive Equal in looks, but are they equal in substance? Not all policies are created equal. Cheaper alternatives often mean less cover and more hassle when it comes time to make a claim. At Vero CIS, it’s the substance of our policies that sets us apart from our competitors, and ultimately provides you peace of mind that if things go wrong, your cover is comprehensive. Specialising in Home, Contents, Car and Boat insurance, we offer specially negotiated premiums for NZICA Members. Call us today for a no-obligation quote on 0800 505 905 email us at [email protected] or visit the member privileges page for more details. CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 3 LETTERS QUIZZICAL CORNER Compiled by Papa Snazzy THE 1970s 1. The Watergate scandal led to the resignation of which US President in 1974? 2. Which swimmer set seven world records at the 1972 Summer Olympics in Munich, Germany? 3. Who opened the Sydney Opera House? 4. Martin Cooper demonstrated the first hand-held mobile phone in 1973. What company was he representing? 5. The 1974 “Rumble in the Jungle” fight between Mohammad Ali and George Foreman was hosted by which African country? 6. The 1977 disco era song I Feel Love led to a revolutionary change in club music sound. Which female star was the song by? 7. In what year did Margaret Thatcher become the first female Prime Minister of the United Kingdom? 8. One Flew over the Cuckoo’s Nest won the 1975 Best Picture Oscar. Who played the main character? 9. In January of 1973 the Australian government banned the export of which animal skin? 10. Which New Zealand mudlark won the 1976 Melbourne Cup? 1. Richard Nixon 2. Mark Spitz 3. Queen Elizabeth II 4. Motorola 5. Zaire or Democratic Republic of the Congo 6. Donna Summer 7. 1979 8. Jack Nicholson 9. Kangaroo 10. Van Der Hum ANSWERS SCORES 1-3 As bad as carless days 4-7 Cents, and it’s a pint of milk circa 1975 8-10 Still lower than late 70s mortgage rates 4 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 Fear of decimalisation Image manipulation I thought readers might be amused by the attached letter written by Arnold Nordmeyer, author of the infamous “black budget”. It was sent to my uncle who passed away earlier this year. Diane Robinson CA, Auckland Ever since the Image Matters segment has appeared in the Journal it has irritated me as there is a little less honesty than could or should be the case. The “before” images are always black and white photos, generally with the subject having an unsmiling pose. In the “after” photos the situation is very different, including being taken from more flattering angles. I must agree the makeovers show just what can be achieved with professional input and they provide a valuable contribution to the Journal. As chartered accountants we have an ethic of not distorting reality, yet this is what the photos seem to do. It could of course all be a bit tongue in cheek and mimicking the approach used in the wider magazine market. Ray Skinner CA, Auckland PS. Perhaps the articles could demonstrate the clothing has been sourced form organic cottons and ethically sourced!! Also that the make-up and hair products do not contain a myriad of chemicals which are actually quite harmful! LATEST Unfaltering devotion to land and people By John Jones THE SON OF Sir Apirana Ngata, the most charismatic Maori leader of the last century, Sir Henare Ngata FCA made his mark on Maoridom in his own right with his work on the development of Maori land throughout the district. After being educated at Te Aute College and Victoria University, Sir Henare, like most of his generation, was thrust into World War 2 and spent four years as a prisoner after the fall of Greece. His return to Gisborne and his young wife Lorna, whom he had married only months before sailing overseas, saw him launch a career of dedication and service. The first Maori accountant at a time when there were few Maori businessmen, he started his own business and clients beat a path to his door. But it was in the area of land development that Sir Henare has left an indelible mark on this district. [Gisborne.] Although holding large areas of land, Maori farmers were unable to get the finance needed to develop their properties. Appointed to the board of the Mangatu Incorporation in 1959, he served as its chairman for 13 years. As well as the highly successful Mangatu Blocks, he chaired a number of other incorporations. His devotion to the land never faltered. He played a large part in the decision of the Tairawhiti Development Taskforce to make unproductive Maori land the target of its first major regional initiative. An officer in C Company of 28 (Maori) Battalion, he retained a keen interest in the welfare of his fellow veterans. Sir Henare was knighted in 1982. A quietly spoken and extremely dignified man, he was an authority on many things Maori including the all-important Treaty of Waitangi and the later foreshore and seabed issue. At the death of Sir Apirana Ngata one editorial writer was moved to say that a great kauri had fallen in the path of Maori development. Another kauri now falls with the passing of his son This article was published with the permission of The Gisborne Herald, where it appeared on 12 December 2011. Sir Henare died on 11 December 2011 at the age of 93. FMA and SFO sign MOU THE FINANCIAL MARKETS Authority (FMA) and the Serious Fraud Office (SFO) have signed a Memorandum of Understanding (MOU) to enhance their already close working relationship. The initiative, announced by FMA Chief Executive Sean Hughes and SFO Chief Executive Adam Feeley, provides a framework within which the organisations can coordinate their activities, exchange information and share expertise and resources. The FMA and SFO share an objective of improving confidence in New Zealand's financial markets. Greater co-ordination between them will enable efficient allocation of their investigation and prosecution resources. FMA and the SFO have already shared resource and intelligence on a number of finance company investigations, including Dominion Finance, Belgrave Finance, and Hanover Finance. The FMA is supporting the SFO's case against five individuals involved with the affairs of South Canterbury Finance. CONDOLENCES The New Zealand Institute of Chartered Accountants extends its sincere condolences to the families of: Ernest (Dick) Dixon Anderson CA (Honorary Retired) of Mosgiel, who had been a member of NZICA since 4 March 1954. David Bennett CA of Palmerston North, who had been a member of NZICA since 14 March 1983. Jeffery Knapp CA (Honorary Retired) of Auckland, who had been a member of NZICA since 15 June 1954. Andrew Lander Mouldey CA (Honorary Retired) of Christchurch, who had been a member of NZICA since 30 April 1947. Sir Henare Kohere Ngata FCA (Honorary Retired) of Gisborne, who had been a member of NZICA since 21 June 1949. Robert Leyton Reeder CA (Honorary Retired) of Auckland, who had been a member of NZICA since 17 April 1951. CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 5 LATEST F4F3 implementation underway NZICA MEMBERS WILL notice a number of changes to governance and operations this year, after the vote in November to accept rule changes proposed during Fit for the Future 3 (F4F3). This is the third phase of NZICA’s four-phase review of governance and operations which began in 2008. NZICA’s products and services will increasingly be targeted to members’ sectors/industries/career stages. There will be an increased focus on online delivery and the accessibility of courses. At a local level, Branch Committees will become Local Leadership Teams (LLTs) by 31 March. LLTs will advise NZICA about local member needs, helping to improve the relevance of and access to NZICA’s products and services. The inaugural LLT Chairs have been confirmed and are in place until the end of this year. LLT Chairs Michael Prasad CA..................... Auckland Shiralee McLean CA................. Northland Leanne Milligan CA........ Waikato – BoP Jim Campbell CA...........................Gisborne Chris Denby CA.......................Hawkes Bay Jason Driscole CA.....................Manawatu Andrew Johnston CA.............Wellington Doug Campbell CA..............Marlborough Murray Harrington CA......... Canterbury Bob King AT.............................................. Otago John Schol CA...............................Southland Tim Kirby CA....................................... Sydney John Nilsen CA..............................................UK Peter Fromont CA..................... Melbourne Members will vote in March for the remaining LLT representatives. LLTs are expected to reflect the makeup of the membership in each area. You will receive information on the voting process in March. In addition, new LLTs may be established in areas that are currently not serviced locally by NZICA, and where there is demand for this among NZICA members. New LLTs could spring up during 2012 which will a positive change for members in areas that have not benefited from local NZICA service delivery to date. NZICA Council elections will move from a branch to a regional electoral college model this year, with changes to councillor numbers in some areas. The Council represents members' interests and sets NZICA's long-term strategic direction, together with the Board. The changes will improve proportional representation and ensure all members have a vote for a Councillor. Members will effect this change personally when they vote for councillors prior to the 2012 AGM. In addition to these significant changes there will be reviews of the National Conference, establishment of Regional Forums to complement this, and moves to ensure members get the maximum benefit from the Special Interest Group (SIG) network. The conference and forums will become key collaborative and learning events for members. SIGs will be reviewed to see if improvements can be made to the technology and knowledge sharing between regions. F4F3 proposals were developed and approved during 2011, focusing on the way NZICA looks after its members, delivers products and services and engages with members. It has also looked at aspects of NZICA local operations and structure, to improve NZICA responsiveness to member needs and improve the reach, relevance and access to NZICA products and services. To find our more about F4F3 please see the detailed information on nzica.com. 2012 Deanne MacDonald CA.............Taranaki Peter Redpath CA.................... Whanganui PROFESSIONAL DEVELOPMENT TRAINING FOR ACCOUNTANTS FACE TO FACE ONLINE Our courses are NZICA approved. WEBINARS Course information at www.taxtraining.co.nz or 0800 DHA TAX 6 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 ERBURY 2 1 NT 01 In memoriam Daybreak by Julia Drake (left); NZICA President Richard Austin FCA unveils Kelvin McMillan's Market Day in Cathedral Square (above). NZICA RECENTLY PURCHASED two artworks by Canterbury artists as a permanent tribute to those members who lost their lives in the Christchurch earthquake, and those members who lost loved ones. The paintings were unveiled in a small private ceremony in December at the Christchurch office. The event was attended by members’ families who had travelled from as far as Australia. Immediate Past President Ross Jackson FCA and President Richard Austin FCA also attended. In the brief but moving ceremony, Jackson extended heartfelt condolences to the families and talked of the resilience of the Canterbury people in a year that we will never forget. Austin, there not only in a professional capacity but also as a member who has lost a loved one, thanked NZICA on behalf of the families and commended the organisation on its humility and humanity. Austin, who helped select the paintings for the memorial, said the two were chosen as “they showed Christchurch as it was before the earthquake”. “They hark back to what we had and what we have lost. They are also a reminder of what we need to try and rebuild,” he said. The first artwork is an original watercolour, Market day at Cathedral Square, by Kelvin McMillan. It depicts a bright busy day in the Square. “This painting was a bit of an experiment,” NZICA remembers those members who lost their lives on 22 February 2011 “They hark back to what we had and what we had lost. They are also a reminder of what we need to try and rebuild” Carey Bird Helen Chambers Philip McDonald Blair O’Connor Deborah Roberts Emma Shaharudin NZIC also offers its condolences to those members who lost loved ones. McMillan told the reception. “I had to hide the Clarendon towers and office blocks which dominated the skyline while trying to bring to the fore the lovely Post Office, stalls and vibrancy of the square. The difficulty was how to do a painting without making it look like a colourful fruit bowl. I think I have achieved this.” The second piece is limited edition print, Daybreak, by Julia Drake. This complements the first piece – being the view you would have if you turned around from Kelvin’s painting and looked the other way in Cathedral Square. Both these pieces are housed in NZICA’s new Christchurch office. NZICA is committed to the rebuild of Christchurch and to providing ongoing and innovative initiatives that support the members in the Canterbury region. CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 7 CA LATEST The future with Betty Budget People like to hypothesise about how changes in the name of progress will affect modern life. IN THE 1950s a regular forward-looking Journal column was written by a woman who went by the pseudonym “Betty Budget”. In one column, “Betty” mused on education. “February is a month when almost everyone gives some thought to education. Many parents have children starting a new school, stinging their savings account with the expense of uniforms. Employers too, are engaging staff from the ‘just left schoolers’ about this time, and are wondering what the teachings of modern education will reveal in the way of calibre and character,” she wrote. “Twenty years from now these same young men and women will be saying, tst tst! When I first started work things were different... and so it goes on with each generation until one wonders what type of education will be given our great-grandchildren. “Let’s drop in on a secondary school in the year 2057.” She first describes a woodwork class, where a teacher stands in front of a towering machine while explaining to a group of boys the manner in which the timber is fed in. “The instructor and class then move to the rear of the machine where, after a few minutes a neat but unusual object, which appears to have been cut, shaped, sanded, glued and pressed together, is lifted from the rollers.” 8 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 “Is he dead?” a pupil pauses to ask. “Yes,” is the terse reply. “Careless when splitting the atom.” In the English class, she writes, we overhear a discussion about the word hammer. According to one boy, it is a thing used by athletes at the Olympic Games. Another says it is part of a piano which strikes the strings and produces sound. The rest of the class appear quite blank so the master explains that it was a tool with a wooden handle and a steel head, which men frequently used in the making of furniture, houses and many other articles, joining wood together with metal spikes called nails. The teacher, we read, gives a blackboard illustration in which the class is interested but somewhat amused. A student asks, was this an article from the Stone Age? Replying that the hammer was used until the end of the twentieth century, the master tells of the backwardness of the people of that period and how it took three or four days to fly from New Zealand to England or America. No one had been to the moon or Mars. Men were only beginning to explore the Antarctic and they had no power to irrigate places like the Sahara, which at that time, was a desert almost uninhabited. Budget Betty then turns her attention to the commercial class, which is having a lesson at the filing cabinet. The teacher places the letter or document on a tray, presses the file number on the keyboard and the paper disappears into its cabinet by means of a robot. Another group is being instructed in the use of a “seeing eye” with which the misfiled documents can be traced. The teacher speaks to a group in another room by means of a portable television set, or “creepy peepy”. Finally Budget Betty hypothesises about a science class, where a boy is being carried out on a stretcher. “Is he dead?” a pupil pauses to ask. “Yes,” is the terse reply. “Careless when splitting the atom. Third former of course. We are just taking him over to the clinic. Hope they’ll be able to bring him back in time for the inter-school cricket on Tuesday. We need all the barrackers we can muster.” Well, some of Betty’s projections have not been so far off, the creepy peepy being the most accurate, although thankfully another name was given that contraption. And we are still a good 40 off Betty’s future, so with a bit of luck, returning hapless students from the dead may come yet become possible. ALEXANDRA JOHNSON is a freelance Wellington writer. BMW heads off competition Journal staff member David Geard put some of BMWs top vehicles to the test at Pukekohe Park Raceway. I RECENTLY JOINED a dozen or so NZICA members at Pukekohe Park Raceway for a BMW Head to Head experience. This half-day event is made up of two workshops designed to showcase the BMW 335i, and compare this vehicle with equivalent models from competitors Mercedes and Audi. There were also three diesel BMW models to test drive. After a briefing from the BMW representatives we paired up and got behind the first wheel, ready to drive around a course testing the vehicles’ speeds and special features. I was looking forward to finding out the differences between the various manufacturers. I tried out the Audi A4G2 first. While it did handle well, there was a lag in the throttle. We were informed this is an intentional design feature which I found surprising. Next up was the BMW 335, my personal favourite. Everything about this car was stunning, from the interior, the exterior and the handling, through to the full throttle roar. The power this vehicle has was probably the most astonishing aspect – it really kicked you in the pants. It was interesting to go from the BMW 335 to the BMW 1X, the off-road family wagon (my Subaru Legacy just can’t compare). While the styles of the cars were at different ends of the spectrum, both were roomy and comfortable. Everything about this car was stunning, from the interior, the exterior and the handling, through to the full throttle roar BMW's Mike Eady briefs participants before they headout to the track and, above, the 335i being taken through the course. For me the Mercedes Benz C280 was the worst of the bunch. It was uncomfortable for my 6’6” frame as there was no headroom. I also found this vehicle rolled when going around corners and the lack of power was disappointing after the 335. The workshop also showcased BMWs run flat tyres. This technology means in the event of a flat tyre the car will tell you, but the performance won’t be hindered, so you can continue driving on a flat tyre for a number of kilometres until you can get it serviced. Want to put the latest BMW through its paces? The next head to head competition is now open for entries. NZICA and BMW are offering 30 members spots in BMW’s Head to Head driving experience on 8 March at Pukekhoe Park Raceway in Auckland. To be in to win, visit nzica.com/headtohead. Entries close 24 February 2012. CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 9 LATEST New Year Honours Brian Coulter ACA (Retired) of Wellington Queen’s Service Medal (QSM) Congratulations to the NZICA members recognised in New Year Honours. Hinerangi Raumati CA of Manukau MNZM - Member New Zealand Order of Merit for services to business and Maori. Hinerangi Raumati CA has significant experience in investment and financial management. Her current roles include director of Te Ohu Kai Moana Portfolio Management Services Limited, director on the Te Ohu Kai Moana Board, Board Member of Public Trust and Chair of the Nga Miro Health Trust. She is also Chair of Parininihi ki Waitotara Incorporation. Raumati was CFO of Tainui Group Holdings Limited from 2002 to 2009 and was previously Deputy Chair and Chair of the Investment Committee of Trust Waikato. She is currently Executive Director of Operations for Te Wananga o Aotearoa. She has whakapapa links to Ngati Mutunga and Waikato. Raumati says the award is recognition of the significant contribution Maori are making to New Zealand business today. She says she is proud of all of the work she has done. “My time at Tainui was a significant period of growth which was incredibly exciting. However, the turnaround of the fortunes of Parininihi ki Waitotara Incorporation has been incredible with record profits achieved in 2011 ($11m).” Christopher Carson CA of Upper Hutt Queen’s Service Medal (QSM) for services to the state. Chris Carson CA has extensive experience in financial management and accounting in the public sector, particularly in senior positions. He has been the Chief Financial Officer at the Government Communications Security Bureau since 2000. Carson was the project manager for Pipitea House, a new $120 million government communications security bureau head office. The building was designed to co-locate a number of New Zealand intelligence agencies and facilitate a more effective exchange of information. He also managed a smaller project to build a records archival facility costing $2.5 million. He responded to news of the award with “some amazement” together with feeling both proud and humbled. “I believe the QSM was also recognition of all the staff at the GCSB who contributed to the building project.” Of his achievements, Carson says the completion of the Pipitea House project makes him most proud. “This was a huge undertaking that started in early 2006 and finally came to fruition with the official opening of the building by Prime Minister John Key in 2011.” Carson has also provided financial management advice and services to a number of not-for–profit organisations over the past 25 years. 10 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 for services to rugby. Brian Coulter ACA is a life member of Marist Saint Pats (MSP) rugby club. He has been involved with the club for more than 45 years, as a player (and Wellington rep) and as a Jubilee-Cup winning coach and chairman. He currently heads the club's Rugby Subcommittee and remains in the thick of MSP's day-to-day operations. His professional career includes 30 years in corporate finance and several years working within the government sector. Coulter says he was surprised to receive the award, given the number of people who volunteer in rugby, other sports and the community. He says he is proud to have had some influence on peoples’ sporting careers and life in general. Kerrin Marshall FCA of Napier Queen’s Service Medal (QSM) for services to pipe bands. Kerrin Marshall FCA has been involved with pipe bands for five decades, after starting to learn the bagpipes at the age of 10. “My parents and grandfather, who was born in Scotland, paid for lessons and for the set of bagpipes that I still play.” He says he is humbled to receive the QSM and could not have done so without the support of a number of other people. Marshall has been heavily involved in competitive pipe bands and is part of the Drones and Sticks Pipe Band which focuses on community parades (more than 40 a year) and teaching young people piping and drumming. He has led the organisation of two national pipe band contests in Napier and in 2009 was appointed to the position of National Contest Supervisor for the Royal NZ Pipe Band Association. Coulter began working at the Eastern Institute of Technology (EIT) in 1980 as a tutor. After a number of years as Head of School he became Finance & Resources Manager which subsequently became Corporate Services Director. Marshall says he was surprised to receive the award. “I’m surprised that something I enjoy and am passionate about was worthy of such recognition.” Robert Ting CA of Wellington Queen’s Service Medal (QSM) for services to the Chinese community. Robert Ting CA says his award should be dedicated to the foresight of his grandfather who, 80 years ago, was founding president of an organisation to help Chinese immigrants from the Zengcheng district of Southern China. Ting is currently Treasurer of this organisation, the Tung Jung Association of New Zealand. His involvement with the Chinese community includes member and former Treasurer of Wellington Chinese Sports & Cultural Centre, past Treasurer of New Zealand Chinese Association and honorary auditor of both the New Zealand Chinese Association and Wellington Chinese Association. He has also been a member of the Lions Club of Newlands for 22 years and is a Past President. He has held various management accounting positions, including eight years with Dulux New Zealand Limited and 16 years with the Natural Gas Corporation. He currently works part time as accounting consultant to the California Home & Garden Limited in Miramar and Lower Hutt. Ting says he is flattered to receive the award and is conscious of the many hours of unrewarded community service provided by others. He says his most satisfying moment was seeing the Wellington Chinese Sports & Cultural Centre stadium building freeholded after many years of fundraising activities. The accountants' one day business and tax update Conference Event details Thursday 8 March 2012 Waipuna Hotel and Conference Centre, Mt Wellington, Auckland The fourth annual Accountants’ one-day business and tax update will be held on 8 March 2012, boasting a number of high-calibre business leaders and experts presenting on a range of technical topics and business issues. Listen to key updates and expert insight on the economy, tax, financial reporting, technology, employment law and leadership. The day will conclude with a special presentation from psychologist Nigel Latta, who will be speaking about the psychology of success. Following the presentations you're also invited to stay for a glass of wine while networking with your peers. Highlights • Differentiating your brand to drive commercial performance – Jason Paris, Telecom • General tax update – Geof Nightingale FCA, Partner, PwC • Key issues and developments in financial reporting – Denise Hodgkins FCA, National Technical Partner, Deloitte • Economic update – Brian Gaynor, Milford Asset Management • Big internet, big business issues – Donald Clark, Principal, 1through8 ltd. • Employment law and legislative update – Anthony Drake, Partner, Kensington Swan • New portfolio rules for FIFs – Stephen Rutherford CA, Assistant Tax Director, NZICA • What is required for leadership in the future? – Angela Neighbours, ilume • The tax status on company administration costs – Jo Doolan CA, Director Tax, Ernst & Young • The psychology of success – Nigel Latta, Clinical Psychologist Find out more at nzica.com/Training-andevents BRIEFCASE New Technical Services Team member Zowie Murray CA, an audit and assurance specialist, has joined the NZICA Technical Services Team. Murray has spent five years in public practice. She started her career with a “Big Four” firm in the UK working on assurance engagements, and gained the ICAEW Audit Qualification, along with her CA. She immigrated to New Zealand in February 2010 with her husband. Prior to taking this role at NZICA, she was an audit manager for a mid-tier firm in Christchurch. She is looking forward to helping improve audit quality in small to medium practices. Zowie will join John Hodge, Michael Fraser, Lucy Hickman and Nadia McCartin in NZICA’s new Technical Services Team providing public policy advocacy, technical assistance to members and helping with product development and professional development. For queries on audit and assurance, financial accounting, and management accounting please contact the Technical Services Team on [email protected]. International tax on IR website Inland Revenue has reviewed the information its website provides people about their international tax obligations. People with international tax obligations can be people who: are coming to or leaving New Zealand, temporarily or permanently; live in New Zealand and have overseas income; live overseas and have income derived from a source in New Zealand; have a business with international activities, trade or investments. The new look website has information on: tax residency and status rules; business tax obligations where the business operates internationally; non-resident contractors and entertainers tax rules; New Zealand tax residents with overseas interests; overseas residents with New Zealand interests; and tax obligations for people coming to or leaving New Zealand. Also available are IR’s top 10 facts about international tax, which reflect common misunderstandings or misconceptions about international tax issues. ird.govt.nz CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 11 LATEST Hillary Wicks (centre) at the prizegiving ceremony Third place in big race HILARY WICKS CA HAD hoped to finish in the top 10 of her age group at the Ironman World Championships in Kona, Hawaii, but she exceeded her expectations when she crossed the finish line in third place. Wicks beat her nearest rival in the 30-34 age group by just 10 seconds, after nearly 10 hours and 225 kilometres of swimming, cycling and running. She says pure adrenalin got her through at the end when she heard spectators shouting that she was being closely trailed by another competitor. “I just thought: there is no way, at this stage, that anyone is getting that third place off me.” The chartered accountant, who works for Skipper “I just thought: there is no way, at this stage, that anyone is getting that third place off me.” Lay and Associates in Papakura, says her day went perfectly to plan. The only mistake she feels she made was to let the enthusiastic crowd support, including a small group of family and friends along the first 15 km of the run, lift her pace to a speed she felt was too fast. She says the swim was the toughest part of the day, with 1,600 athletes jostling for position and strong tidal currents. During the 180km bike ride Wicks focussed on her heart rate and ensuring she was drinking and eating enough to complete the final leg – a marathon run in temperatures that topped 38 degrees Celsius. “I knew the race was all going to be about pacing and nutrition and because it’s so hot you have to be careful not to dehydrate,” she says. Skipper Lay partner Greg Lay says the company is proud of Wicks’ achievements. “Her talent, training, tenacity and attention to detail are all things which led to her success in Kona and are also present in her work life, which make this impressive athlete a very impressive accountant as well.” Wicks is set to compete in Ironman New Zealand in March and hopes to qualify for the Ironman World Championships again, and return to Kona later this year. The Ironman World Championships attracts 1800 professional and age-group athletes who have qualified through a number of Ironman events around the world. It involves a 3.8km swim, a 180km cycle and a 42km run. 2012 Public Sector Conference Speakers Discover what lies ahead. Event details 1-2 March 2011, InterContinental Wellington A networking dinner will be held after the first day's sessions . Designed specifically for those working in the public sector, the Public Sector Conference will equip you with the knowledge and insight to make smart decisions in a challenging environment. It 12 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 is also an excellent opportunity to network with others working in central and local government. The conference will address three key topics: smarter decision-making and service delivery; achieving value-for-money; and leading change in challenging times. This is a not-to-be-missed, bi-annual event for anyone working in or with public sector organisations. A range of respected New Zealand senior public servants will address delegates. These include: • Hon Bill English, Deputy Prime Minister and Minister of Finance • Robert Russell, Commissioner of Inland Revenue • Brian Roche CA, Chief Executive, New Zealand Post Group • Lyn Provost FCA, Controller and AuditorGeneral See the full programme at nzica.com/publicsectorconference BRIEFCASE New grant for Canterbury businesses IR developing SPFR rules IN SEPTEMBER 2011 Cabinet decisions were made about financial reporting. In particular, non-large companies that do not separately have reporting obligations will no longer have to prepare general purpose financial statements. Given the advent of IFRS, the compliance cost savings, especially for medium-sized companies, are potentially large. However, companies will still have a statutory obligation to prepare at a minimum special purpose financial statements for the purposes of the assessment and collection of tax. In this context, Inland Revenue is probably the largest user of financial statements in the country. The requirements will be set by way of secondary legislation (such as an Order in Council), which in turn will be mandated by amendments to the Tax Administration Act. These requirements will be minimum requirements and taxpayers will be able to prepare to a higher standard so long as the minimum information is presented. Separately, there is a question as to whether all businesses above a certain size should be explicitly obliged to prepare financial statements. Inland Revenue believes that almost all relevant businesses currently prepare financial statements so that this would be the formalisation of an existing process. The process for setting the requirements, and the requirements themselves, will be developed using the generic tax policy process consultation model. It is proposed that all relevant legislation will be passed and operational matters implemented by mid-2013. This Inland Revenue project is running in parallel with NZICA’s guideline-setting process and a lot of the objectives and outcomes of these projects will be similar, although the different perspectives mean they are unlikely to totally align. While it is early days yet, it seems to us that compliance with the Institute’s guidelines, when they are developed, is likely to also mean that Inland Revenue’s minimum requirements have also been met or can be easily met. Therefore, while these are standalone projects with similar but different objectives, there are a number of points of commonality and opportunities to keep things simple that encourage both organisations to work together. JIM GORDON CA is a Policy Manager in the Policy Advice Division and Stephen Casey CA is a Principal Analyst with Strategic Compliance Risk. They are both involved in formulating Inland Revenue’s response to government’s project on financial reporting requirements for companies. Also they have been invited to join the NZICA Working Group on SPFR as Inland Revenue representatives. A new grant of up to $750, the Independent Advice for Small Business grant, has been developed by the Red Cross, with assistance from Recover Canterbury. It aims to help small and family-run businesses access professional legal and accounting advice on business recovery from the effects of earthquakes on their businesses. The New Zealand Red Cross 2011 Earthquake Commission has been established to oversee the disbursement of the more than $73 million donated to the New Zealand Red Cross 2011 Earthquake Appeal. This funding is available to any business with fewer than 10 employees that has been negatively impacted by the earthquakes and has a genuine need for financial assistance in order to access professional advice. This grant could be an ideal opportunity for clients who are having difficulty paying their fees or are facing financial hardship to access extra funding. Applications for the Independent Advice for Small Business grant are available through Recover Canterbury. recovercanterbury.co.nz IFAC calls for nominations for 2013 The International Federation of Accountants (IFAC), the global organisation for the accountancy profession, has called for nominations for IFAC boards and committees in 2013. For the first time, all vacancies on the public interest activity standard-setting boards are open for nominations by the public – a move towards greater transparency when filling available positions.“The calibre of the volunteer members on our boards and committees is what makes these groups so effective. That is why seeking high-quality nominations is at the core of our nominations processes,” says IFAC President Göran Tidström. “We aim to attract a wide variety of high-quality nominations, to ensure that we have a rich pool from which to find the right candidate for each position. We thank our member bodies and the public in advance for the thoughtful and valuable nominations we anticipate receiving this year.” All applications should be submitted before March 15, 2012 electronically via IFAC’s nominations database. See ifac.org for more information. CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 13 01 2 The lease challenge NT ERBURY 2 LATEST CA Questions around leases remain problematic for many Christchurch businesses and landlords. CHRISTCHURCH IS LITTERED with businesses popping up in garages, homes and in new locations across town while damaged buildings, insurance and the cordoned off red zone have created a headache for many small businesses looking to trade. The New Zealand Institute of Chartered Accounants (NZICA) and New Zealand Law Society (NZLS) have been working closely together to assist businesses navigate the challenges faced as a result. These issues, while highly pertinent to Christchurch businesses, also highlight lessons for businesses all around New Zealand. Leasing is one such challenge that businesses face. Immediately after the February earthquake, businesses had to move quickly to obtain alternative premises and the real estate industry did a fantastic job of getting tenants into alternative premises in an emergency situation. But now businesses looking to move have more time to carefully choose premises and they should do so. Safety of the alternative premises is of the utmost 14 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 When negotiating the terms of the lease for new premises both the landlord and the tenant need to be wary of the many weaknesses in the standard commercial lease importance so business owners should ensure they get an engineer to thoroughly check them. As building standards were tightened in May 2011, many buildings that were deemed ok prior may now fall short. If a tenant is not careful they may end up leasing an earthquake-prone building. This is obviously not ideal and unless there is something special in the lease dealing with the issue there is little a tenant can do until the landlord is required by law to upgrade the building. Where the use of the premises is being changed, for example a residential building being converted into an office, this can trigger a Building Act requirement to strengthen the building to the new building standard or something reasonably close to it. When negotiating the terms of the lease for new premises both the landlord and the tenant need to be wary of the many weaknesses in the standard commercial lease. Jeff Kenny, member of the NZICA & NZLS focus group and Commercial Property Lawyer says: “We can learn a lot from overseas experience. Following the terrorist attacks in London and New York weaknesses were exposed in their leases. The property industry responded with new provisions which were more appropriate for both landlords and tenants. “Given the issues that we are faced with in Canterbury and the rest of New Zealand we need to do the same. For example, the uncertainty around whether a lease has terminated can be avoided by simply putting a time limit on the period during which a tenant cannot use the premises if they are damaged or cordoned off. This in turn should be discussed with each party’s insurance broker and taken account of when arranging insurance as is now done overseas.” Where the status of damaged buildings is still unclear the landlords need to be careful to liaise with their insurer. This, unfortunately, can tie the landlord’s hands when dealing with tenants. Most tenants will have moved to alternate premises and will not want to be faced with the possibility of paying two rents. This can easily BRIEFCASE happen where a tenant has moved from a relatively undamaged building within a cordon or from a building which didn’t take a long time to fix, or the lease termination provisions weren’t automatic and gave the landlord discretion about whether to terminate the lease or not. Landlords, on the other hand, will be looking to maximise their investment and make sure they do not agree to anything which could cause problems with the insurer or bank. In some cases it is uneconomic or undesirable for the landlord to repair the building. Some landlords are also faced with the prospect of pursuing an unwilling tenant. Where this happens the landlord will often be better to claim on their business interruption (BI) insurance for loss of rents and be free to redevelop the site in future. Insurance remains a big issue but things are beginning to move faster with interim insurance payments being made on account of business interruption and material damage claims. However there are quite a few things that landlords and tenants need to be careful about. These include insurance provisions in leases, business insurance indemnity periods coming to an end, material damage claims and lack of new insurance policies. For many business owners the BI insurance period will run out in February. Given that interim insurance payments have been made, often with no identified split between BI and material damage claims, there will need to be a washup for a large number of claims. Where businesses have not received their material damage payments and have not yet moved out to new premises, they may be moving too late to have their moving costs covered under their BI policy because the move will be after the insurance indemnity period expires. Business owners should discuss that issue with their advisor. For some business owners and landlords who have made material damage claims there was an election time limit on 31 January 2012 for tax depreciation rollover relief. Business owners and landlords should talk to their tax advisors and ensure that the proper election is made where it is needed. The availability of insurance will hopefully improve over time but it is possible that a landlord may not be able to insure a particular building against certain risks. Standard leases assume insurance will always be available, but parties should cater for the possibility that this may not be the case. Typically the landlord purchases the insurance and passes on the premium cost to the tenant. Insurance premiums have rocketed and excesses have dramatically increased. It is sometimes possible to get further insurance for the excess but this can be expensive. Kenny explains: “All this creates risks and significant costs for both the landlord and tenant. Both parties should look to understand these risks and costs and look to fairly apportion them under the terms of the lease. For example a landlord and tenant may agree that the tenant will meet a share of the excess in return for a lower premium.” “However landlords need to be wary because the Property Law Act has some clauses which can cause problems recovering excesses from tenants. Unfortunately, the standard leases in NZ do not deal with these issues very well so special provisions are required.” These are just some of the leasing issues that businesses need to be aware of. Usually they wouldn’t matter too much but given the current environment they are extremely important and will remain so into the future. When rebuilding gets into full swing, further issues will become important and both landlords and tenants should get good advice from their professional advisers, both accountants and lawyers, on how to manage these before signing on the dotted line. ANNE NEWMAN is a communications specialist working for NZICA in Christchurch. Woodhouse new whip List MP Michael Woodhouse CA has been appointed senior whip of the National Party. From Dunedin, Woodhouse is an NZICA member and a member of both the Institute of Management and the Institute of Directors. Tax stats online Inland Revenue’s annual tax statistics were updated in December at ird.govt.nz. The statistics now cover the fiscal years from July 2001 to June 2010, and the customer statistics are available for April 2001 to March 2011. This is the third year that Inland Revenue has made tax statistics available online, giving the public access to a wide range of data about tax revenue and social entitlements. New IFA board member The Institute of Financial Advisers (IFA) has announced the appointment of independent director Jeremy Bendall CA to the Board. Bendall is Managing Director of Bendall Advisory, a niche consulting practice which provides strategic planning, strategic selling, risk governance, performance measurement, facilitation and governance reform services to clients in New Zealand. He has gained extensive experience in the financial and professional service sectors, through his work with financial institutions, time as a partner with KPMG and various leadership and educational support roles with professional bodies across New Zealand. Bendall also has significant experience in the not-for-profit sector, having been a director of Tennis NZ for eight years and deputy chair since 2009. Chief executive of Queenstown airport Scott Paterson ACA has been appointed Queenstown Airport’s new chief executive. He has experience in chief executive and senior management roles in Australian and New Zealand seaports, including four years as chief executive of Port of Portland in Victoria, Australia. Before his time in Australia, Paterson was general manager of logistics at the Ports of Auckland for four years. He will take up the position on 1 March. CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 15 01 2 Business interruption insurance NT ERBURY 2 LATEST CA Many Christchurch business owners face the end of their business interruption insurance in February. BUSINESS INTERRUPTION INSURANCE (BI) has been on the agenda of most business conversations in Canterbury over the past 10 months. More people than ever before are now experts on the subject. However, there is still a lot of uncertainty. And this uncertainty is likely to intensify at the end of February when indemnity periods come to an end. Warren Johnstone CA, member of New Zealand Institute of Chartered Accountants (NZICA), says the uncertainty is slowly being removed and Cantabrians can now see a clearer picture for Christchurch. “BI insurance is still the number one issue for smalland medium-sized businesses, closely followed by cash flow and leasing issues. However things are beginning to move faster with interim insurance payments being paid out on business interruption and material damage claims.” There is still confusion in the market however with some business owners thinking that BI insurance is triggered by the fact there was an earthquake. It’s not. The trigger is actually physical damage to the business (or under some policies, a lack of access) and the resultant adverse impact on financial performance. 16 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 Business owners and landlords should talk to their accountant and ensure that the proper election is made where it is needed It is also important to know how BI payments are calculated. This can be complicated as it is based on the financial performance of the business “but for” the damage which needs to be predicted. Loss adjustors and ultimately the insurance company need a clear picture of the business had the event not happened. So having good records of your businesses’ previous trading history and compiling them so they can be easily understood is helpful. This is where having an accountant in place that knows your business is vital. It is also very important to understand how adjustments should be made under the BI policy. When making a claim there is often scope for argument about what adjustments should be made. Following the Christchurch earthquake we have all heard about adjustments for “depopulation” and so forth. What adjustments should be made should be looked at for each claim and particular business. In other words, each claim should be assessed on its own merits and this can result in adjustments both up and down. An obvious example would be a damaged bar in Merivale. It’s highly unlikely that this would be adjusted down for depopulation. If anything, it would be adjusted up because the Merivale area is now so busy. To help maximise the insurance payout it is a very good idea to get advice from your accountant, and to give the insurer clear supporting information as to why adjustments should or should not be made. While small businesses may worry about the cost of employing an accountant to help them with their claim it will save them time and frustration in the long run. Small business owner Jill Elliot of The Sauce Kitchen said: “If it wasn’t for our accountant our insurance claim wouldn’t have been so easy to navigate. He was able to present the insurance claim in a way that worked, he understood the whole process and had experience of what other businesses were going through. He was able to put our business forward in the best possible light. We wouldn’t have survived the repercussions of earthquake without his knowledge and support.” The cost of getting assistance is often covered by a BI policy so business owners would be advised to take advantage of this. For many business owners the BI insurance period will run out in February. Given that interim insurance payments have been made, often with no identified split between BI and material damage claims, there will need to be decision made on the parameters of a large number of claims. Loss adjustors will be busy. So business owners should try and get their claim information in as soon as they can. Also, ensure the information is presented as clearly as possible, to make the payout process faster. Where businesses have not received material damage payments and have not yet moved out to new premises, they may be moving too late to have their moving costs covered under their BI policy because the move will be after the insurance indemnity period expires. Business owners should discuss that issue with their advisor. For some business owners and landlords who have made material damage claims there was an election time limit on 31 January 2012 for tax depreciation rollover relief. Business owners and landlords should talk to their accountant and ensure that the proper election is made where it is needed. “We need to get insurance claims settled so the rebuild can start,” says Johnstone. “We also need the insurance companies to make insurance available again so investors can start projects with confidence. The city will not be able to attract the people we need to rebuild Christchurch if they cannot purchase insurance, so this is a critical issue. If delays arise, more people and more money will leave Christchurch, slowing our recovery.” While insurance is a hot topic for Cantabrians, businesses all around New Zealand should review their insurance and understand it. NZICA recommends that businesses that are prepared are more likely to survive a crisis. Be prepared for the unexpected. Consider the impact of a major event and how your business would react. This is not only about having good insurance in place but also good IT backups and a strategy around communication, in short a basic disaster recovery plan. Having the support of professional advisors is also vital in navigating the road to recovery, especially when it comes to insurance. ANNE NEWMAN is a communications specialist working for NZICA in Christchurch. BRIEFCASE IESBA Code of Ethics The International Ethics Standards Board for Accountants (IESBA) is proposing changes to its Code of Ethics for Professional Accountants (the IESBA Code). It aims to provide additional guidance to professional accountants in business and in public practice concerning conflicts of interest, and to make revisions to provide more comprehensive guidance in identifying, evaluating, and managing conflicts of interest. Ken Dakdduk, IESBA Chair, says the proposed changes will provide more specific requirements and guidance for a professional accountant in applying the conceptual framework when identifying, evaluating, and managing conflicts of interest. This includes a clearer description of what is meant under the IESBA Code by the term “conflict of interest”. To access the exposure draft and submit a comment, visit the IESBA website at ethicsboard.org. TAX S ON NOALE W! ? Are you g etting best deal f the or yo u ? Wh r clien en did ts y ou las check t our p rices ww w.tax fi New Zealand’s best value tax pool since 2007 nanc For a c on ho ompetitive w the q chang uote or m ore in es co forma Call u uld b enefit tion s on email your 09 95 us at clients 0 conta 3515 : ; or ct@ta xfina nce.c o.nz e.co. nz CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 17 NEW ADMISSIONS CONGRATULATIONS TO OUR PEOPLE ON THE RISE. The following admissions to NZICA’s Chartered Accountants, Associate Chartered Accountants and Accounting Technicians Colleges, and Certificates of Public Practice have been confirmed. CA COLLEGE Ashby, Jack................................... Wellington Ashford, Robert Darcy Neil.............. Auckland Bahadur, Salesh Chand.................... Auckland Bartlett, Michelle........................... Wellington Bill, Michael Lindsay............................ Sydney Boivin, Andrew John........................ Auckland Cabrera, Joselito Enriquez.............. Wellington Crossman, Melanie........................ Wellington Currie, Michael George............... Waikato/BoP Downey, Gary Gerard....................Canterbury Farman, Almane Roy........................ Auckland Huston, Oliver Thomas................... Wellington Johnson, Nicholas........................... Auckland Kalapu, Faasalalau........................ Wellington Kidd, Nathan Alexander..Coastal Bay of Plenty Kumar, Anish................................... Auckland Kumar, Vivek......................Brisbane, Australia Little, Eve Cornelia.......................... Northland Liu, Li............................................Canterbury Malhotra, Anshul............................. Auckland Marambos, Pavlos.......................... Southland Martin, Samuel..............................Canterbury McCollum, Kurt............................... Auckland McGlinchey, Michael Joseph Savage.... Wellington McKenzie, Yuliya.............................. Auckland McKeown, Peter David................... Wellington Messerschmidt, Carl Paul............... Wellington Mussa, Sharifah Nazir Mohummad.. Auckland Nally, Amy..................................... Wellington O'Brien, Hailey Anne..................... Wellington Robson, Venita Andrea............... Waikato/BoP Rogers, Matthew........................... Wellington Sims, Rebekah Leah....................... Wellington Sofe, Ahmed Abdirehman.............. Wellington Spencer, Lucy-Jane......................... Wellington Swami, Amit.................................... Auckland Tee, Irene........................................ Auckland Wishnowsky, Aaron....................... Wellington Xia, Weihua................................... Manawatu Yip, Susie Ying Yee........................... Auckland ACA COLLEGE Atkinson, Nicole Robyn................ Whanganui Brokenshire, David.........................Canterbury Collins, Nadia Pearl Anne................ Southland Garg, Seema................................... Auckland 18 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 Li, WenTao.................................... Wellington Mitchell, Janina Jezefa................Bay of Plenty Newson, Karen Francis................... Northland Patel, Iqbal...................................... Auckland Rowbotham, Roseanne Mary......... Wellington Solomona, Matthew Tomokino..... Bay of Plenty Ting, Christopher Lee Duen.............. Auckland Van Turnhout, Sharon Anne....................... UK Walton-Hannay, Mathew Paul......... Auckland Yang, Jing.....................................Canterbury AT COLLEGE Bayne, Bronwyn Nadine.................. Southland PUBLIC PRACTICE Atkinson, Andree Louise.................. Auckland Barnett, Ross David.................... Waikato/BoP Chong, Yee Ken............................... Auckland Cross, Jamie Alan........................... Southland Daud, Minaxi Ben............................ Auckland De Wit, Christopher Michael.......... Wellington Drake, Donna Diane.................... Hawkes Bay Flaherty, Kay Elizabeth................Marlborough Floyd, Tracey Caroline...................... Auckland Goh, Yin Leng................................ Wellington Griffiths, David Jeremy Verity.......... Wellington Hunt, Daniel Jonathan..................... Auckland Jesudason, Hector Jeveendran......... Auckland Judge, Murray Eric........................... Auckland June, Darryl Wayne........................ Manawatu Kincaid, Haylee Anne...................... Southland Laugesen, Catherine Vera............ Hawkes Bay Loughnan, Richard..................... Waikato/BoP Lowe, Daniel Roger......................... Auckland Lu, Wan-Wei.................................Canterbury MacDonald, Amanda Jane............... Auckland Mackie, Sheryl Grace................... Hawkes Bay Mohamed, Mohamed Hussien Hassan...Auckland Mundy, Steven James................. Waikato/BoP Stewart, Michael Douglas..............Canterbury Tagi, Eli Elisara Saina....................... Auckland Thibaud, Brian Leon........................ Auckland Vollebregt, Stephanus Johannus.... Waikato/BoP Williams, Angela.......................... Hawkes Bay Wolken, Raymond George............. Wellington Yan, Guojing................................... Auckland Zhong, Liang................................. Wellington MOVING UP BRONWYN BAYNE AT Accounts Officer, Southland Building Society (SBS), Invercargill What does your role entail? SBS is a registered bank and I am the accounts officer in the finance team. How long have you been with SBS? Five years. Why did you choose accounting as a career? I have a natural ability with numbers and problem solving and this has always been an area in which I’ve enjoyed working. I have tried many other jobs, but always missed the challenge of getting something to balance/reconcile. What has been most rewarding? Working with eight CAs in a corporate sector environment as part of a team that is willing to share knowledge and help each other. Also, the management team at SBS has within its charter "our people make the difference" and this culture flows from the top down. It’s also good being able to study part-time and see the teaching applied in real life rather than in a textbook exercise. How did you spend Christmas? I had a quiet Christmas with my parents – the usual turkey and all the trimmings, and catching up with other family members throughout the day. Did you take time off for a holiday? I worked through the break with only the stat days off, but I managed to get away to Alexandra for a week where I borrowed my parents caravan, did a bit more of the Central Otago Rail Trail, checked out a few of the region’s vineyards, turned off the cellphone and relaxed. Have you made any New Year’s resolutions? Yes, I hope to get the garden under control and plant a vegetable garden. What are you hoping to achieve in 2012? To live more, love more and laugh more, and not take things too seriously – and possibly complete another business studies paper. NEWS business bastard has put my name in there. I’m not quite sure what I’ll do if it does pop up, but I suppose I’ll have to go to the funeral if only to pad out the numbers. Still on the subject of death, have you noticed how many newspapers include the Births, Deaths and Marriage notices in the Sports section? Now I can understand how the births might qualify for inclusion there, although I must say that the related sporting event was clearly some months prior, so the reporting is a little out of date. With marriages these days, the sporting events probably started long before the actual marriage, but I suppose they could be regarded as ongoing sporting activities. But as for death, really, it takes a macabre sense of humour to see them qualifying as sporting events. I’VE BEEN ASKED quite often whether a Ask Uncle Tom Death, sports, disclaimers, liens and the Almighty’s galactic problem. F or by TOM DAVIES FCA those of you with the leisure time to read NZICA’s annual report (okay, so I had some spare time) there’s some interesting stuff in there regarding member statistics. The membership continues its steady growth, but in the area of female membership the growth track shows a welcome increase over the past five years from 37% to 41% of total membership. Another trend which is also interesting is the average age of members. Although the average age in years is not provided, it is clear from the movements in the age brackets that the average must be increasing. Maybe it’s because we are now living (and working) longer. This doesn’t stop me scanning the death notices each morning, just making sure no This doesn’t stop me scanning the death notices each morning, just making sure no bastard has put my name in there member who prepares accounts which are then audited should include the usual compilation report and disclaimer or whether this was inappropriate where the accounts were audited. There are different views held on this subject, but my thoughts, for what they are worth, is that the compilation report and disclaimer generally should be included. The compilation firm and the auditor have different functions. The auditor describes (very briefly) in the audit report the work carried out and the different responsibilities of the entity’s directors and the auditor. The compilation report describes, equally briefly, the compilation firm’s involvement and, usually, a disclaimer of liability. By including both reports, the auditor’s and the compiler’s, a reader of the accounts then knows the individual firms’ different involvements. As regards liability, just because the accounts have been audited does not mean that the compiling firm is thereby excluded from any claim against it. You don’t have to strain the mental faculties too much to imagine situations where both the auditor and the compiling firm could be sued over a mistake in the accounts, or situations where one or other of them could be on the wrong end of a writ. That is a strong case for including the disclaimer. CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 19 NEWS business So my view is that the compilation report, including a disclaimer of liability, should in all cases accompany the accounts presented by the compiling firm to the client. Whether it should remain attached to the audited accounts which are circulated to the shareholders should depend on how those accounts are produced. If they are circulated on the compiling firm’s letterhead, or that firm can in some other way be clearly linked to the production of the accounts, then I believe the firm should require that the compilation report and disclaimer remain attached to the circulated accounts to continue that protection. If the circulated accounts are presented to shareholders in a manner which does not show the compiling firm’s involvement with them then I believe the compilation report and disclaimer can be dispensed with at that stage. The compiling firm’s position is still protected by the attachment of the compilation report and disclaimer when it delivered the accounts to the client. I’VE MENTIONED THE use of possessory liens on occasions but recently a new twist to this subject arose – can you exercise a possessory lien when the fees have been settled by the use of feeSmart? For those not familiar with feeSmart, this is a financing arrangement whereby clients can have their fees paid directly to their accountant by feeSmart and then reimburse feeSmart with regular payments over the next 12 months. If the client defaults then feeSmart has recourse back to the accountant. The issue arose because a practitioner who had had his fees settled in this manner learned that the client was moving to another accountant. The practitioner still held the records and had strong reservations about the client’s ability to maintain the payments to 20 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 feeSmart, and anticipated having to regurgitate some of the fees back to feeSmart under the recourse arrangement. He wanted to know if he could retain the records by way of a lien against the possible (probable) exercise of the recourse. We tossed it around, and came to the conclusion that he could not exercise a lien as he had been paid. The recourse was only a contingency. However, if a demand under the recourse clause was made and he still held the records, then that would be different as then the practitioner had a valid claim against the ex-client. LAST YEAR SAW some bizarre issues dealt with by Professional Support, but that’s what makes the job so interesting. For instance, there was the client who took advantage of a member guaranteeing to complete accounts and returns by a certain date with a return trip for two to Australia if he failed. The client deliberately kept back vital information so the accounts could not be completed by the guaranteed date, and then wished to complain that the practitioner had refused to provide the promised air fare. Then there was the usual bunch of practitioners pulling their hair out trying to deal with competing/ opposing demands of clients going through marital bust ups. I truly think the happiest practitioners are those whose clients are all celibates. One of the more interesting ones was where the marital discord arose at a party attended by the practitioner and his wife as well as by a client and his wife. It was one of those parties where the fun and games involved identifying various appendages of the attendees who were otherwise hidden (settle, settle). The difficulty arose when one party identified too eagerly and too readily the wrong appendage, and it was irretrievably downhill from there. For final mention are the squabbles that arise on the transfer of clients when the “losing” practitioner is overly sore about it all, and gets difficult over transferring the records, leaving the clients in the middle wondering what on earth is going on. I had hoped that the Almighty would give me a smoother year on this lot but it seems that the Almighty was not acting to full potential in 2011. Not too surprising I suppose. He not only has his flock on Earth to worry over, but astronomers have now identified another planet, Kepler 22b, to join Gliese 581d and HD 85512b, all of which probably have other flocks requiring pastoral care. Apart from their names, which do nothing to promote galactic tourism, Kepler 22b’s main catch is that it’s 600 light years away. The question to be considered is whether Einstein’s immutable laws apply to the Almighty, especially the one about the impossibility of travelling faster than the speed of light. Can’t think why they shouldn’t which means that, with all these new exoplanets popping up, it’s not surprising that the Almighty is feeling a little stretched covering this rather extended parish. I can imagine him putting his head round the door and saying to Gabriel: “Get your wings in here – tell one of those cherubs to pack me a bag. I better get out to Kepler 22b and check on things. I’ll be gone for 1200 years. “Oh, and take a letter to Satan. From God the Almighty, the Ever Merciful, usual titles – you got a guy Einstein down there. Sixth Circle I think. In for a rap for making unauthorised immutable laws. Do me a favour and I’ll owe you. Turn up the heat a notch!” Tom Davies is Director – Professional Support at NZICA. You don’t have to be an accountant to appreciate this deal. But you do to get it. We’re fortunate enough to be NZICA’s banking privilege partner, which means you’re fortunate enough to be able to take advantage of this very special deal on a Choices Everyday home loan: Call us on 0800 694 229 or pop into your nearest Westpac branch. Remember to have your NZICA ID handy. 5% p.a. floating home loan rate As little as 5% deposit 5 Free QV reports 6 months’ pre-approval Interest rate is current as at 20th January 2012 and is based on a 5.00% p.a interest rate on a Choices Everyday home loan and is subject to change at Westpac’s discretion. You must be a current member of NZICA to be eligible for this special rate. Westpac’s current home loan lending criteria and terms and conditions apply. An establishment fee may apply. A Low Equity fee may apply. An additional fee or higher interest rate CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 21 may apply to loans if the application is accepted but does not meet standard lending criteria. Westpac New Zealand Limited. WES0492 NZICA_200x217_V10.indd 1 9/01/12 10:54 AM PEOPLE profile Richard Austin enjoys the Queen Charlotte Sound on his yacht Fiddlestix. 22 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 PEOPLE profile Helmsman New NZICA President Richard Austin FCA explains his key goals for 2012, his approach to the Presidency, and his love of sailing to Journal Editor Aaron Watson. Y by AARON WATSON ou can learn a lot about Richard Austin FCA from his approach to sailing. Sailing is a family hobby. Austin’s father got him into it, and his brother has raced around the world. “I’m not excessively competitive,” he says. But he notices how fast we are going relative to the other boats on the water that day. (His yacht, Fiddlestix, passed a few quite comfortably.) The yacht is tidy, clean and well maintained. And he takes pleasure in the whole experience. From ensuring his two dogs, Cosmo and Minty, stay seaworthy (although the doggy lifejackets weren’t needed on a calm day) to making sure we take the right track and keep the sails trimmed to best advantage. “The thing about sailing is that the journey is part of the intention, as much as the destination. In a power boat, it is often all about the destination,” Austin says. “I really enjoy planning trips. Working out where to go and how to get there.” The new NZICA President takes his hobbies seriously. He has trained in coastal navigation and is not totally reliant on technology to get him to where he is going. He has navigated the “easy” waters of the Marlborough Sounds and the more The thing about sailing is that the journey is part of the intention, as much as the destination treacherous currents and whirlpools of French Pass. It is clear he loves the area. “The native bush comes right down to the waterline. There are not many places in New Zealand where you can say that. If you are in a little bay overnight, you wake up to native birdsong,” he says with a smile. As we sail past Allports Island, Austin recalls spending three days alone there as a young man – a survival test as part of an Outward Bound course. “It is a long time to be by yourself – you do a lot of thinking. I discovered I was comfortable doing things on my own – I guess a lot of people find that they aren’t.” It’s a poignant comment coming from a recent widower. Austin’s wife Susan Selway was a victim of the 22 February Christchurch earthquake. Her memory is a presence throughout the interview. This is his first jaunt on the yacht since her unexpected death, and Austin is honest and open about the memories it holds for him. “February last year was Susan’s birthday. We came here with friends, we had a bach and stayed here for three days. That was just before the earthquake.” While he does not shy away from the topic, it is clear there is much more that he could say. CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 23 PEOPLE profile “It’s the first time I have been out like this. I’m feeling good about being on the boat again. “Although I lost Susan, I know she would have been proud of me. I am delighted to be able to undertake the role of President.” IF YOU TOLD the young Richard Austin he would become President of the New Zealand Institute of Chartered Accountants he would have laughed at you. Simply joining the profession was something of an afterthought. “When I left school I wasn’t sure what I wanted to do. I remember driving through an industrial suburb of Christchurch and wondering, who looks after all the businesses? They must need an accountant and someone to advise them – that could be just the job.” He studied accountancy extramurally through Massey while working in the trustee industry. During that time he also got married and had children – his two sons from that first marriage are still resident in Christchurch – a route into accountancy he admits was more of a marathon than a sprint. “No matter how hard it got, the attitude I took was that if I found it tough then other people would be finding it tough. They are probably going to want to slacken off – so if I go a bit harder then I should pass. “When I start something, I like to complete it. Well.” He joined the Canterbury Westland branch committee in the mid-1990s and found he enjoyed the role. “I felt I could see what a lot of the frustrations from members were. I believe that if you are advocating change then it is incumbent on you to try to change, rather than just talk about it. I became branch chair then a councillor and was nominated on to the original Fit for the Future steering committee.” FIT FOR THE FUTURE 3 (F4F3) is one of his priorities as President. The successful implementation of the organisational changes voted for by members in November will be critical for the Institute, he says. “We must get the foundations embedded properly. That will be a huge determinant of the success of the programme. 24 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 The attitude I took was that if I found it tough then other people would be finding it tough. They are probably going to want to slacken off – so if I go a bit harder “So far we have done a really good job in terms of the proposals. It was great to see democracy at work with the changes that were made after feedback from members. The organisation did listen.” Fit for the Future three will see Branch Committees transformed into Local Leadership Teams, a regional electoral college model introduced for councillor elections and a renewed focus on sectoral targeting of NZICA products and services (see nzica.com) for details). Austin says that having the changes embedded and the implementation phase underway will be one of his personal key performance indicators for his year in the Presidency. In this respect, he will be carrying on the work of his predecessors Ross Jackson FCA, who made consultation with members around F4F3 one of his priorities in 2011, Dinu Harry FCA, who focussed strongly on embedding the governance structure that came out of F4F2 in 2010, and Linda Turner FCA who kicked the F4F review process off in 2009. “Each President is only there for one year, so there is only so much incremental change you can be part of,” Austin says. As the Institute has changed, the role of the President has changed. Before the F4F2 governance review, the President was the leader of the membership and the voice of the members through Council, as well as chairing the Executive Committee. “Prior to having a Board, the role of the President encompassed everything. Now, the role of Council and therefore the President is more defined.” With an elected Board in place, the President plays an important role linking the “member voice” with Board, Council and with management, Austin says. “All this interaction hopefully provides an outcome that is bigger than the sum of its parts.” But other aspects of the role remain unchanged. Meeting new members, recognising the work of older members, awarding Fellowships – these are important functions for members and the organisation. “It’s a very enjoyable part of the role. You get to meet real people who are the fabric of the Institute.” The earthquake reinforced for him the importance of people, he says. “NZICA does not have a lot of fixed assets. Our biggest assets are people.” Austin says one of the challenges for NZICA is that the membership comes in “batches of one”. “And there are 33,000 members. They all see the Institute as an amorphous mass. Our challenge is to recognise that the members are individuals and ensure that they perceive they are getting value from membership of the organisation.” The President is also the “face” of the Institute to the world. “That’s a key part of the role. It is important that people see the President, the Board and the chief executive in alignment of vision, see a focus on quality, and that they gain an understanding of the role the Institute has to play in the New Zealand economy. I’m looking forward to the opportunity to contribute to that. “Another aspect, and one of the big priorities, is the collaboration with the Institute of Chartered Accountants in Australia. Having a strong relationship with my Australian counterpart is important in supporting the Chair and CE in their work.” A second priority for Austin is strengthening the communication between the membership and the Institute. Council will play a greater, and key, role in this, he says. “I’d like the councillors to be able to look back at 2012 and say that it was a really good year because we had strong leadership and good communication. I have said that at the first Council meeting I want feedback on how much and what sort of information councillors want from me. “I want to introduce into Council a session on the issues that are affecting members. What is happening in the public sector, in the corporate sector and in public practice That will be an agenda item to help deliver relevance to the member base. It will help councillors be more connected to the membership and provide a forum to discuss issues in a constructive way. We need to understand the key issues, and address them. “People can accept decisions, even if they don’t like them, if they have had the opportunity to contribute and consensus is achieved.” As President, you face both inward and outward, he says. “It presents some really good opportunities. When I’m facing the Institute, a part of that is the staff – and remembering that everyone is there for the membership. A third priority is to ensure NZICA contributes to New Zealand’s economic strength in a difficult time for the world economy. “This is going to be a difficult, challenging year. Our members have a responsibility and opportunity to get their clients through it, and make the difficult decisions.” And NZICA in turn has a role in supporting members to support their clients Top: Minty and Cosmo enjoy the sailors’ life Above: Richard Austin – “I really enjoy planning trips. Working out where to go and how to get there” CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 25 PEOPLE profile “even if just through CPD”, Austin says. “The Institute needs to be aware and responsive. It needs to know what the issues are and to ensure support and training is available. A lot of clients will look to their CA for advice as things tighten up.” WHEN IT COMES to advising clients, Austin takes a member’s perspective as easily as that of President. As a director of financial advisers Strategic Wealth Management Group he will be on the front lines of the economic recovery. “The risks of investing are higher and returns are harder to gain. You really have to be focussed on understanding the risks and how to manage them. Then finding ways to make positive returns.” Austin comes to the role having spent a large part of his career in the trustee industry, during which he realised he had an interest in investing. “I was also the CEO of the Canterbury Community Trust which was a large shareholder in Trustbank NZ. Following the sale to Westpac we had $400m in cash which I managed personally for a year while we established our investment strategy. “My biggest influences while Chief Investment Officer at Gould Holdings were George Gould and Kevin Arscott. We managed a lot of private equity investments. Buying, selling, merging… That was a fantastic learning experience. “Through that period I also had a number of private clients who I provided investment advice to. I realised that providing a highlevel professional service was a good business opportunity, and that’s the way it played out.” He takes a client-focussed approach at Strategic Wealth Management, working closely with business partner Steve Mander. “We are developing a very strong company with high quality clients – I try to have a strong relationship with them all so they tend to hear from me a lot. The role is not only about looking after clients but also about keeping up with the markets, interest rate movements, equity market movements, economic trends… every day you need to be keeping abreast, reading. On top of that, you have your clients.” 26 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 NZICA does not have a lot of fixed assets. Our biggest assets are people Adding the responsibilities of the NZICA President to that busy working life could be potentially problematic. But a year as Vice President has taught Austin key lessons. “You have to pace yourself. It is important to choose carefully which events you attend if you are to get the maximum benefit from your time. And I know that members are very interested in meeting the President, particularly the new members. It’s important to remember the dignity of the office. “The other bit is trying to get good at delegation. The role of councillors is part of that.” On a personal level, he wants to really enjoy the role. “If you enjoy something then you give it a lot of energy and hopefully do well. “Another personal goal is to ensure there is a balance in my life. The role is a demanding one, particularly when you add it to your day-to-day work life. “I’ve always been involved in sport at some level and I want to keep doing that. The challenge is to find the time to get out and do it. Everyone talks about getting fit – I’d like to actually do it.” He hopes to continue to do a bit of masters rowing, and has bought a road bike, which he talks about in the same vein as sailing. “It’s not about racing. It’s about some long roads and good scenery and enjoying being out there.” With NZICA increasingly focused on strategic issues – “trying to be more proactive than reactive,” Austin says – he reiterates that the success of the President in aligning the Institute with member needs, and in embedding the Fit For the Future programme, will be the remain his key performance indicators. “There are differing views among members. But the Institute has to change with the times if it is to stay relevant. My job is to make sure that the change is appropriate, understood by members, and accepted by members. “At NZICA, everyone I have dealt with has a mandate to do their best for members. Having said that, I think you have more high calibre staff on board now than ever before. I can’t speak highly enough of the staff at both national and branch level. My role is to face both ways, and keep those groups working together.” NZICA Toolkits Helping you and your clients stay one step ahead, these essential resources give practical guidance through a comprehensive manual and CD of easy to use templates. CASH MANAGEMENT TOOLKIT Better cash management means a better business for all A step-by-step journey through the entire cash management process, including funds coming in, funds going out and the planning, control and measurement of the funds themselves. NEW ZEALAND AUDIT MANUAL AND TOOLKIT Practical assistance to improve your auditing Core concepts and practical guidance are brought to life through case studies and supported by over 100 forms, tools, work papers and templates. CHARTERED4ACCOUNTANTS For further information visit nzica.com/publications or call 0800 NZICA JOURNAL FEBRUARY 2012 27 NEWS business The management accountant: focus on performance A balanced scorecard approach can help management accountants achieve performance improvements across their organisations. M by MICHAEL FRASER anagement accounting has long been described as a practice that analyses and communicates information in a manner that creates (or protects) value. Such a description leaves many questions unanswered and creates many more. Two central, interrelated questions that arise are: how is this value created and how is it measured? Paul Anderson, CA, General Manager for Corporate Services for Christchurch City Council (CCC), has some answers. A recent finalist for the Ernst and Young 2011 Public Sector CFO of the Year, Anderson has also had recognition from Harvard University for the implementation of the balanced scorecard. Anderson has managed the Corporate Services Group since 2007 and is responsible for delivering shared services across Christchurch City Council. These services include finance, planning and performance, information technology, property, procurement and asset management. He is also responsible for leading the implementation of a performance framework. It was the success of this performance framework that helped the council to respond to more recent challenges of an emergency and rebuilding of Christchurch. He received international recognition with a Harvard Business School Award. Christchurch City Council adopted the balanced scorecard in 2007 and has since completely overhauled its planning and management practices. Revisiting the balanced scorecard A key characteristic of the balanced scorecard is the systemsperspective adopted to performance management. The inclusion of non-financial information provides a forward-looking perspective for those managing performance in a manner that supplements historical financial information. The coupling of non-financial and financial data in a manner that links short-term action to the organisation’s strategic plan is one of the strongest features of the balanced 28 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 scorecard. This means managers in any given organisation do not have to rely solely on short-term financial measures as indicators of performance. In contrast to a short–term view, the balanced scorecard facilitates four key processes. • The first process is translating the vision. This aims to express a vision or strategy as an integrated set of objectives. • The second process is communicating and linking. It facilitates the communication of strategy from individual objectives to departmental and organisational objectives. • The third process is business planning. This integrates both financial and non-financial elements into one plan. Those tasked with leading organisations frequently find it difficult to integrate diverse initiatives into strategic goals. However, when a set of balanced scorecard measures serves as the basis for prioritising and allocating resources, the ability to co-ordinate initiatives that link into long-term strategic initiatives becomes more direct. • The fourth process is feedback and learning. This provides the platform for collecting feedback as it relates to short-term results from customers, internal business processes, and learning and growth. Christchurch City Council: the “strategic spine” In deciding to implement the balanced scorecard at the council, consideration was given to what constitutes value, and how it would be measured. The council recognises that performance objectives have multiple dimensions. For example, a financial objective with a “green” rating might indicate positive position in isolation. However, if this is coupled with a customer-service failure then the overall result is regarded as poor. This holistic overview facilitates managerial alignment to strategy. Anderson suggests that: “For a municipal authority, value is about more than adhering to budget, it is also about delivering quality services”. (Palladium Executing Strategy Hall of Fame, 2011, p.17) Anderson and his team decided that the balanced scorecard might provide the opportunity to weigh the dual requirements of budgetary targets and service delivery. In the years from 2007 to 2009 Anderson and his team worked with the wider council to make balanced scorecards for every level. This meant that the strategic objectives set by the executive management team cascaded down to an individual level. Specialist software and processes, The Enterprise Project Management System (EPMS), were developed to capture the 1,000-plus infrastructure projects (eg, roads, wastewater, parks) that the CCC delivers each year. The responsibility for this software and associated processes is shared across the planning, IT, finance, and project delivery arms of the council. This allowed for each task within a broader initiative or project to have an assigned owner and the associated performance data reflected on their individual performance plan. The tracking of performance objectives, metrics and targets to initiatives and individuals also involved the use of a system dubbed Horizon. This system sought to automatically update activity as it related to specified targets and was accessible across the council. Horizon also provided input into individual performance plans with balanced scorecard (non)achievement recorded along with the individual’s evaluative criteria. 35% to 54%. Line of sight from the organisation’s strategy to its operations is now clear. During the same period, the Council has posted financial surpluses of $2.9 million in 2007/08, $1.8 million is 2008/09 and $6.3 million in 2010/11. It is this kind of performance that Anderson believes positions the council well to respond to the challenges the city has been faced with. Additional Resources The results from the council clearly indicate that implementing the balanced scorecard was a worthwhile activity. If you would like to know more here are two books Anderson and Ryan recommend: • Creelman, J and Marr, B (2011) More with Less: Maximizing Value in the Public Sector, Palgrave Macmillan, United Kingdom. This book sets out the Christchurch City Council experience in greater detail. • Marr, B (2010) The Intelligent Company: Five Steps to Success with Evidence-Based Management, John Wiley & Sons, United Kingdom. In addition to the above, keep an eye out for CPD courses in 2012 that provide more guidance on the balanced scorecard and other management accounting tools. The results The results can be considered within the council and outside the council. Outside of the council, recognition has come in the form of an award from the institution where the idea of the balanced scorecard was conceived, Harvard Business School. The Harvard Business School balanced scorecard Hall of Fame award honours organisations that have achieved excellence though the balanced scorecard. Within the council the results are obvious. The council is now delivering 91% of its services targets, up from 65% a few years ago, and staff engagement has increased from References • Robert S Kaplan and David P Norton, Using the Balanced Scorecard as a Strategic Management System, Harvard Business Review (January-February 1996): 76. • Palladium Executing Strategy Hall of Fame (2011) Strategy Execution Champions: The Palladium Balanced Scorecard Hall of Fame Report 2011, Harvard Business Publishing. Michael Fraser is the management accounting specialist in NZICA's Technical Services Team. 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Goldman Sachs calculated that closing the US pay gap could increase the GDP by more than 9%. In Australia, Prime Minister Julia Gillard recently announced a plan to increase the wages of more than 150,000 community service workers (some of Australia’s lowest paid workers, the vast majority of whom are women) – an initiative of up to $2 billion AUD. Explanations for the pay gap? Unequal pay Women continue to earn less than men, and the reasons why are not always easy to explain. by SUZY MORRISSEY CA A s part of the remuneration survey conducted each year by NZICA, information is collected about geography, years of experience and type of employer, as well as gender. Differences in pay based on some of these factors are expected and understood. A difference in pay between the genders, however, is less easily explained. In 2011, the pay gap between men and women surveyed by NZICA was 27.6% (compared to 28.9% in 2010). This compares to a 9.6% pay gap nationally, across all paid employment (source: New Zealand Income Survey) which had reduced from 10.6% in 2010. Such a large pay gap in our profession deserves some critical review and this article will outline some work that has already been undertaken as well as considering some broader gender representation and remuneration issues. International setting We often look at our closest neighbours for comparisons but, unfortunately, the Institute of Chartered Accountants in Australia (ICAA) does not produce a remuneration survey and although salary reports are produced by the major recruitment agencies, they do not provide information by gender. However, we do know that globally, NZ performs reasonably well. The average OECD pay gap is 18%. Interestingly, in these difficult days post-GFC, it has been suggested that fixing the gender pay gap could provide a significant boost to 30 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 There are some explanations for the pay gap between men and women, the most obvious of which is the greater proportion of women that undertake paid work in a part-time capacity. This is particularly true of accountants and the increase in workplace flexibility over recent years is to be celebrated. Of course, as accountants we also recognise that it makes good financial sense to support and retain staff in whom much time and money has been invested. Flexible work arrangements (including remote working as well as variable hours) are a great way of achieving this. Other possible explanations for the pay gap include the suggestion that women don’t ask for enough pay. They will often accept the offered salary rather than negotiate when starting a job and that they are less likely than men to ask for a pay rise or a promotion during their career. Blaming the victim is not generally a progressive approach but perhaps we can encourage ourselves and others to hold these “difficult” conversations. The final often heard argument is about women’s lack of experience, usually as a result of taking time out of their career to raise their children. Few would argue that these women have developed their skills in multi-tasking, flexibility and adaptability – all key requirements for our careers. Could these skills be more favourably viewed by employers, especially when considering pay and promotion opportunities? Could workplace flexibility provide a solution? Each year since 2002, there have been more female than male accounting graduates and there are now significantly more women under 45 in the profession than men, along with a high number of male accountants who are over 50. As we know, the number of women partners and associates is very low with many women leaving the profession or working part-time for a number of years while they raise their family and not progressing to partnership. Combined with some key skills shortages, these demographic challenges prompted research to be undertaken on flexible work practices within the accounting sector by the Ministry of Women's Affairs in 2010 (with the support of the Equal Employment Opportunities Trust and NZICA). Flexible working was proposed as a solution to the challenges faced by the profession along with five key benefits that it would provide to the employer. Although the pay gap was not directly covered, implementing flexible work arrangements and improving the retention of female accountants would have the result of increasing the average remuneration of the female members of the profession. Could legislation also assist? Although there are some explanations and potential solutions for the pay gap, it remains difficult to accept, particularly since the legislative framework for equal pay in NZ has been in place for many years. In 1960, the Government Service Equal Pay Act was passed, eliminating separate male and female pay scales in the Public Service. This was followed in 1972 by the Equal Pay Act, which extended pay equity coverage to the private sector. Therefore, it would appear further legislation specifically on pay may not be appropriate. However, it may be that the amount of workplace flexibility made available to accountants could be improved through legislation. Perhaps legislative change to address female under-representation in other areas would also help? The number of women on company boards has received a lot of attention in recent years and a range of initiatives has been launched at home and overseas. Currently, women make up 9.32% of directors of NZX companies (45 women hold 58 out of the 622 directorships). The NZ Institute of Directors launched its “Mentoring for Diversity” programme last December and the NZX has proposed legislation that would require listed companies to state the number of women they employ in senior roles. This follows the broader rules introduced by the Australian Securities Exchange (which come into effect for ASX listed companies this year) that require disclosure of the number of women employed, the number in senior management and the number on the board. These rules are likely to be responsible for the increased number of female appointments seen in 2011, resulting in women now holding 13.5% of ASX directorships (there are 140 women holding 199 board positions according to the Australian Institute of Company Directors). In Europe, some countries have quotas for female board members of large companies. Perhaps a quota should be considered for NZX companies? The other area of female underrepresentation which concerns many is the lack of women in politics. Of course we know that NZ led the way for women’s rights by becoming the first country to grant women the vote in 1893. We have a good proportion of female MPs compared to some countries, although the number was reduced at the last general election for the first time since MMP was introduced (and is now 38 MPs or 31.4%). Around the world, women represent an average 18.4% of government reducing to 18.1% in Asia. The figure is much higher in the Nordic countries at 41.4% (source for all: Inter Parliamentary Union). Is it a coincidence that Scandinavia The potential financial course of a career of a new female accountant today. • As a graduate, a woman’s starting salary will be on average 6% lower than that of her male counterparts. • After five years, this gap could have increased to 17% (source for both: Ministry of Women’s Affairs study – Analysis of Graduate Income Data 2002 – 2007, Management and Commerce graduates). • A few years later, she may start wondering whether she will reach a six-figure salary. According to the 2001 census data, only 3% of female accountants were earning $100,000 or more compared to 20% of male accountants (the accounting profession had the largest gender variance at this salary level). • When deciding whether to aim for partnership, will she have many female role models and will her employer provide flexible work arrangements if she decides to have a family as well? is known for its excellent parental leave and childcare facilities, as well other social benefit schemes? Hope for the future One of the key reasons for the pay gap is the lower number of women who stay in the profession (and reach its higher levels) compared to men. As we have seen, work is underway to reduce this gap by providing more workplace flexibility. This will help women to stay in the work force for longer as they juggle their family and their career. Hopefully this will result in more female associates and partners in due course. There is a saying “you can’t be what you can’t see” so let’s hope the future contains more women earning the same as men for the same work, along with more women in key roles in politics, boards and CA firms. Suzy Morrissey CA is a Committee Member of the Wellington Women’s Special Interest Group. Contact [email protected] for more information on the SIG CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 31 NEWS business Insolvency decision affects creditors A recent insolvency legal decision is good news for employees and Inland Revenue but bad news for secured creditors. I by JONATHAN BARRETT CA n August 2011 the High Court issued an important decision, potentially altering the outcome of many insolvencies for preferential and secured creditors. In Burns v Commissioner of Inland Revenue, the Court considered the widely argued question: What is an account receivable? This followed an earlier decision (re Northshore Taverns, 2008) in which the High Court decided that “accounts receivable” amounted to “book debts” only. This might sound like an academic point, but it is very important in determining which creditors receive distributions from the various sources of funds realised in a receivership or liquidation. The decision has positive implications for employees and the IR as preferential creditors, and negative implications for General Security Agreement (GSA) holders and guarantors. This will include not only banks and finance companies, but also private lenders including investors, directors, spouses and family members. distribution of funds from the insolvent estate, except where the assets comprise “accounts receivable” or “inventory”, in which case the proceeds must first be used to pay preferential claims, ahead of the GSA holder. These preferential claims mainly comprise employee debts for wages, holiday pay and redundancy pay, and amounts owing to IR for GST and PAYE. While inventory is relatively easy to assess, there are many assets that could potentially be considered accounts receivable. Whether these assets are categorised as accounts receivable or not can have a major impact on the returns to secured and preferential creditors. In many cases, these items are the only assets and therefore the interests of preferential and secured creditors are directly in competition, with one or other of these groups potentially standing to recover nothing. The PPSA defines an account receivable as “a monetary obligation... whether or not that obligation has been earned by performance”. In most cases it is easy to determine whether an asset is an “account receivable” within that definition. There is no question that routine trade debtors, properly invoiced and appearing in the company’s accounts as a trade debt, fit the definition. This had already been confirmed in the earlier High Court decision. Where problems arise is in situations where money is due to a company for some other reason. The Burns v IRD decision considered this definition in the context of such items as: • council bond refunds • amounts refundable following overpayments • amounts held for the company in a lawyer’s trust account. These, and similar items, have in the past proven difficult to categorise for distribution purposes and therefore entitlement to the proceeds of these assets has been potentially contestable. The decision in Burns v CIR The legal issue The seventh schedule to the Companies Act 1993 sets out the order in which receivers and liquidators must pay preferential claims. This relies on definitions in the Personal Property Securities Act 1999 (PPSA). The current wording took effect from 2002 but the meaning of some of the definitions is still being debated in insolvency circles. The seventh schedule provides that, where a creditor holds a GSA over a company’s assets, they rank ahead of most other creditors in the 32 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 The Burns decision stated that a broad interpretation should be applied to the phrase “account receivable”. It held that bond refunds, refunds of overpayments and amounts held for the company in a lawyer’s trust account all fitted the definition of accounts receivable and were therefore available to preferential creditors. The decision thus clarifies the position regarding a range of assets which were previously seen by practitioners and their lawyers as a “grey area”. The decision also resolved the question about the point at which a debt is classed as an “account receivable”. Is it at the date of liquidation, or could it also refer to amounts which only become due after liquidation or receivership? The Court confirmed that the wording only refers to amounts due at the date of liquidation, and therefore only these amounts will be payable to preferential creditors. This is unsurprising, as otherwise many anomalies would arise. For instance, if a liquidator trades on for a short period and sells inventory purchased after liquidation on credit, or sells a company’s plant and gives the buyer 30 days to pay, should the amounts due suddenly become payable to the preferential creditors? The High Court has said no; the asset type is tested and determined as it exists at the date of appointment. Implications for preferential and secured creditors This decision will clearly not be welcomed by banks, finance companies and other parties who lend against GSA security (for instance, private individuals including investors, directors, and their spouses, friends and family members). It will, however, be welcomed by IR and employees, who will see themselves pushed to the front of the queue in cases where they might otherwise have ranked behind a GSA holder. For our part, there remains the question of which other assets the definition could capture. It is very important in determining which creditors receive distributions from the various sources of funds realised in a receivership We are concerned that the two decisions have not provided total clarity about which assets may constitute an account receivable. Instead, there is the potential for the definition to capture even more assets. We understand the case will be appealed in mid-2012, but for now it is the precedent and we must follow it. There may well be other cases on this issue, as there unfortunately remain some unanswered questions. This decision should be brought to the attention of GSA holders, and also to guarantors under those GSAs. It means there are likely to be less proceeds available to secured creditors and consequently there is a greater likelihood that they will be pursuing other repayment rights and remedies. The decision, and consequent expectations of loan collectability, will also impact on the holding values of loans in the financial accounts of secured lenders. References Burns vs Commissioner of Inland Revenue, High Court of New Zealand, 10 August 2011. Can be downloaded at mvp.co.nz Jonathan Barrett CA is an Associate at McDonald Vague, an Auckland and Hamilton based specialist insolvency and business recovery firm handling assignments throughout New Zealand. [email protected] DISCLAIMER This article is intended to provide general information and should not be construed as legal advice. Parties who require clarification on issues raised in this article should take their own legal advice. CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 33 NEWS business Talk to ASB and ASB your accounting New practice Bank mayfeature have a whole new banking experience: a good one. Talk to an ASB Commercial Manager and you’ll immediately notice one thing. We listen. After all, it’s listening that leads to understanding, and from that we’ll deliver a banking experience that works best for you and your clients. Our knowledge of accounting practices and experience across all types of industries helps us tailor banking packages that specifically meet the requirements of New Zealand’s chartered accountants and their clients. Not to mention our awardwinning online banking, 7-day merchant settlements and top-rated customer service. If you’d like to experience a bank that will work hard to deliver for your business then call us today on 0800 272 422 to speak with an ASB Commercial Manager. We’ll be happy to hear from you. asb.co.nz 34 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 ASB Bank Limited PPU37369 NEWS Holding banks accountable How socially responsible are the mortgage lending practices employed by NZ lenders and mortgage brokers after the GFC? by GARTH SIMPSON PROV CA, THOMAS KERN and NICHOLAS MCGUIGAN PROV CA H ave you ever considered how responsibly our banks are managing our money? The detrimental effects irresponsible consumer mortgage lending can cause have been shown in the aftermath of the recent global financial crisis (GFC). Irresponsible consumer lending, practised mainly in the US, in combination with the risk transfer to investors worldwide by means of mortgage securitisation, is widely seen as one of the major triggers of the crisis. The flow-on effects prompted the 2008-2010 recession in NZ with far-reaching economic and social impacts not only for the financial industry itself, but also for other businesses, local communities and individuals, in brief for NZ society as a whole. How socially responsible are the mortgage lending practices employed by NZ lenders Consumer mortgage lending in NZ tends to be conducted in a transparent manner business and mortgage brokers after the GFC? The authors undertook an exploratory investigation into this matter through the administration of a questionnaire sent to a sample of nine registered banks (hereafter referred to as lending institutions) and 300 mortgage brokers operating within NZ. The questionnaire was based on a conceptual framework for responsible mortgage lending created by the authors from derived literature and previous research as illustrated in figure 1 (Association of Danish Mortgage Banks, 2010; Australian Securities & Investments Commission, 2011; British Bankers’ Association, Building Societies Association, and The UK Cards Association, 2011; European Commission 2009; Richards, Palmer and Bogdanova, 2008; Royal Institution of Chartered Surveyors, 2009). The European Commission (2009) defines responsible lending in a public consultation paper as follows. “Responsible lending means that credit products are appropriate for consumers’ needs and are tailored to their ability to repay. This may be obtained through having an appropriate framework in place to ensure that all lenders and intermediaries act in a fair, honest and professional manner, before, during and after the lending transaction” (European Commission, 2009, p3). It is noteworthy that responsible mortgage lending excludes per definitionem subprime mortgages1, which became infamous in the GFC, as they do not meet the requirement of an adequate loan amount (Association of Danish Mortgage Banks, 2010). The Study It was decided to focus on registered banks rather than “second-” or “third-tier” lenders2 as banks write a majority proportion of issued consumer mortgages in NZ. A sample of nine major lending institutions was established from the 20 registered banks operating in NZ, determined on the volume of issued consumer mortgages. Based on the importance of mortgage brokers acting as intermediaries between borrower and lender, the study was extended to their inclusion. A sample of 300 mortgage brokers was selected CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 35 NEWS business using random number generation from the list of 538 registered mortgage brokers found on the New Zealand Mortgage Brokers Association’s (NZMBA) website. Figure 1: Responsible Mortgage Lending Conceptual Framework What constitutes responsible mortgage lending principles? The two groups of respondents were provided an opportunity to discuss how they perceive responsible mortgage lending. This enabled them to express the practices and disclosure requirements they believe are essential to responsible mortgage lending. Table 1 provides an overview of prominent responses. Interestingly, although the responses covered all of the three main characteristics of the framework, they did not cover explicitly all of their subcategories. Missing subcategories included the required absence of misleading incentives and the need to abolish subprime lending in its entirety. The respondents discussed a characteristic not found within the literature-derived framework, the need for enhanced continuous professional development within the financial industry itself. Measured against the conceptual framework Consumer mortgage lending in NZ tends to be conducted in a transparent manner. Lending institutions seem to have procedures in place to ensure that all relevant consumer information is provided and sufficiently verified to assess a consumer’s actual economic position. Mortgage terms and conditions are adequately explained to consumers and they are provided with or are easily able to access for themselves information regarding future impact scenarios. Consumer mortgage lending appears to be conducted in a reasonably fair manner with lending institutions committed to responsible advertising of their 36 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 mortgage products. Teaser rates3 are currently not utilised in NZ, with discounted rates only being applied in order to remain competitive within the industry. Volume-driven incentives do exist. However, they were reported to be on the decline due to current economic conditions and tightening of lending criteria. An encouraging area documented by respondents was the implementation of qualitybased incentives for mortgage brokers, focusing on the quality of the applicant and the completion of full and verified applications. There seems to be a genuine commitment by lending institutions to improve the level of financial literacy of potential borrowers in order to enhance the understanding of the contracts they enter into, while concurrently helping them to better manage their financial matters in general. Enhanced financial literacy can in turn assist in reducing mortgage default rates in the future and support responsible mortgage lending. Regarding adequacy, it is evident that the number of “nonconforming” loans has decreased since the GFC, due largely to a decline in the “second-” and “third-tier” lending market, the increase in the scrutiny of affordability assessments and the overall tightening of lending standards. However, what presented a concern was an irresponsible attitude towards “non-conforming” lending held by approximately half of the mortgage broker respondents, who stated that they would assist their clients to source such finance if available. Also of concern is that adequate insurance protection as a means of risk mitigation does not appear to be a common requirement by NZ lending institutions. Conclusion The findings illustrate that consumer mortgage lending in NZ is currently being carried out in a reasonably responsible manner, with the GFC acting as a catalyst for awareness and important changes towards more responsible lending practices. Garth Simpson Prov CA, Audit Analyst, Deloitte, Christchurch, New Zealand. Thomas Kern, Researcher, Department of Accounting and Corporate Governance, Macquarie University, NSW 2019, Sydney, Australia. Nicholas McGuigan Prov CA, Researcher, Department of Accounting and Corporate Governance, Macquarie University, NSW 2019, Sydney, Australia 1A mortgage is classified as subprime if the borrower is assessed to be of high risk of default due to having a poor credit history, low level of income or other reasons that increase the likelihood that they will default (Bernanke, 2007). 2As defined by the NZ Ministry of Consumer Affairs, registered banks are considered as “first-tier” lenders whereas building societies and credit unions are considered as “secondtier” lenders and finance companies as “third-tier” lenders (Colmar Brunton Social Research Agency, 2011). 3A teaser rate is an initial interest rate offered on a mortgage product that is significantly below market rate, it is used to entice consumers to choose a particular mortgage product and will increase to full indexed rate after an initial time period. Table 1: Respondent Perceived Responsible Mortgage Lending Principles Framework Characteristics Transparency Fairness Adequacy Clear and complete information communicated to both lender and borrower. Abiding by all applicable acts with duty of care and privacy. Listen to the borrowers’ needs. Accurate information of the client’s financial position. That you are always honest with the clients and the lenders. Loans that the clients can prove they can afford. Review past credit history to ascertain how they have managed prior credit and repayments. Doing what is best for client without thought of what is in it for me. Consideration to overall circumstances and ability to manage in adversity. Asking for more detailed information than in the past to make more informed credit decisions. No conflict of interest. Requiring adequate deposit. Explaining the implications of the lender and mortgage to clients. Know what you are talking about. Lending with reasonable security, for example, 85% loan to value ratio. Customer is aware of the fees, rates and any penalties that may apply. Help improve stakeholders’ financial literacy and capability. Protecting the lending institution from bad debt or possible loss should the client default. No hidden fees or charges. Keep educated and informed. Supporting borrowers facing financial difficulty. CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 37 NEWS business The experience rating system is applied by the ACC through: • the experience rating programme • the no claims discount programme. Experience rating programme ACC experience rating ACC levies may now be based on the claims history of your business. by STEPHEN RUTHERFORD CA and HERMINE BANKS A n experience rating system that modifies the standard Accident Compensation Corporation (ACC) work levy payable by a business, based on its prior claims history, was introduced in April by the Accident Compensation (Experience Rating) Regulations 2011 as part of the ACC’s strategic direction to be more “businesslike”. Experience rating aims to further align the ACC levies payable by a business to its safety record thereby creating financial incentives for businesses to improve their workplace health and safety. This means that when compared to other businesses in the same industry, those businesses with better than average safety records receive a discount, while a loading will apply to those with worse than average safety records. This is a change to the historic practice, which uniformly applied levy rates across industry categories regardless of the safety record of a business. 38 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 A no claims discount or high claims loading adjustment of 10%, or a nil adjustment could apply The experience rating programme applies to businesses that have paid levies totalling $10,000 or more in each year of the relevant “experience period”. The “experience period” refers to the first three of the four tax years prior to the levy year for which the experience rating is calculated. For example, the experience period for the 2011-12 levy year (ie 1 April 2011-31 March 2012) will be the period 1 April 2007-31 March 2010. The ACC will apply a maximum discount or loading of 50% on the business’ ACC Work levy rate depending on its workplace safety record. The total discount or loading has two components. • Experience rating modification: This modification is based on a business’ workplace safety record which depends on the duration of weekly compensation claims, the number of claims with medical costs over $500; and any fatal claims in the experience period. This component accounts for the majority (up to 35%) of the loading or discount. • Industry size modification: This modification is based on a business’ performance compared to that of its peers, ie the claim histories during the experience period of businesses of a similar size in similar industries are compared against each other. This accounts for up to 15% of the loading or discount. No claims discount programme The no claims discount programme applies to businesses that have paid levies totalling less than $10,000 in any of the years of the experience period, ie could be one or more of the years in the experience period. Depending on the duration of weekly compensation claims or any fatal claims during the experience period, a no claims discount or high claims loading adjustment of 10%, or a nil adjustment could apply. Who does experience rating apply to? Experience rating applies to all employers (except those who participate in the ACC Accredited Employer Programme), selfemployed persons and non-PAYE shareholder employees who pay levies to cover work related injuries. Businesses and self-employed people that have less than the minimum liable earnings in any year in the experience period, and those that have not been invoiced for an ACC levy for each year of the experience period will not be impacted by the rating provisions. The levies of these entities will continue to be calculated as previously. The minimum liable earnings that apply to all levy payers for each of the years of the experience period are outlined in the Regulations. For example, the threshold is $19,760 for the year commencing 1 April 2007 and ending 31 March 2008. If your business is part of a group as defined by Regulations, the above applies to the group and not the individual businesses that form that group. Experience rating grouping The grouping definitions for experience rating purposes refer to the “associated persons” definitions under the income tax legislation. Commonly owned or controlled businesses are grouped together using these rules and consequently are treated as one levy payer for experience rating purposes and allocated an overall group experience rating. The businesses that may be grouped by the ACC for experience rating purposes include: • two companies with common voting or market value interests of 50% or more, or common control by other means • a company and a person other than a company with common voting or market value interests of 25% or more • a partnership and a partner in the partnership • trustees of trusts with a common settlor or the trustee and settlor of a trust • persons associated under the tripartite relationship test in the income tax legislation. table 1 Experience rating Levy risk group 3yr levy paid Weighting Individual experience rating modification Weighted average Company A $350,000 0.70 +10% +7% Company B $150,000 0.30 -5% -1.50% $500,000 1.00 +5.50% Business group weighted average experience rating modification Levy risk group 3yr levy paid Weighting Industry size modification +5.50% Weighted average Company A $350,000 0.70 +10% +7% Company B $150,000 0.30 -5% -1.50% $500,000 1.00 +5.50% Business group weighted average industry size modification +5.50% Experience rating programme modification for the business group +11.00% The associated persons rules based on personal relationships (such as those relating to two relatives, trustees and beneficiaries, or settlors and beneficiaries) are disregarded for the purposes of the experience grouping rules. If, as a consequence of the grouping rules, a business is deemed to be in two or more experience rating groups, the tiebreaker will be the group that has the greatest influence over the business’ workplace safety or exerts the greatest management or other control over the business’ workplace. Experience rating grouping – the work levy (ie whether a discount or loading will be applied) will depend on the safety risk profile of other members of the experience rating group. Table 1 illustrates how this should work in practice. Example A Company A is a forestry logging company incorporated in, and carrying on, business in New Zealand that owns 100% of the voting interests in Company B. Company B which is also incorporated in, and carrying on, business in New Zealand carries out the administrative functions of the business. nuts and bolts ACC first calculates the experience rating modification and industry size modification (see above for a description of how this is calculated) for a levy year for each individual business in an experience rating group. The individual modifications of all members of the group are then aggregated on a weighted average basis (corresponding to the portion of total levies paid by the individual business in the experience period) to give an overall experience rating programme levy modification. As such, the adjustment to a business’ Forestry logging Company A 100% Administrative Company B As Company A and Company B have common voting interests of 100% (being the 100% voting interests held in Company B by Company A) they are grouped together for experience rating purposes. A very simplistic example of the effect the grouping rules may have on CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 39 NEWS business experience rating and consequently the levy payable by each member of the group for the 2011-12 levy year is summarised below. Essentially Company A’s and Company B’s claims information during the experience period is used to generate an experience rating modification for the group. Experience rating grouping – other points to note If a business is transferred or undergoes a restructure, the transfer rules in the Regulations ensure that the claims history of a workplace is retained by that workplace despite the transfer or restructure. The key transfer rules contained in the Regulations are: • if a business is transferred as a going concern, the experience rating will be allocated to the transferee • if a business is not transferred as a going concern, the experience rating will be retained by the transferor • if a business is amalgamated, the experience rating is allocated to the resulting amalgamated company • if a business leaves a group and continues to operate, the experience rating will go with the leaving company • if a business ceases to operate, the experience rating will not disappear but will stay with the group. Note these provisions do not apply if the transfer, amalgamation or cessation occurred before 1 April 2011. The Regulations also contain an anti-avoidance provision that mirrors the anti-avoidance provisions of the income tax legislation, and allows the ACC to disregard an arrangement that has the purpose or effect of avoiding the grouping rules or the transfer rules. “Arrangement” has the same meaning as that given to the term under the income tax legislation. Experience rating grouping – application of the rules Experience rating will be proactively proposed by the ACC and verified 40 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 with those involved. The modified levy rates, including the information used to calculate those rates, will be included in the ACC’s invoices for the relevant levy year. As noted above, the modified rates will be calculated based on the levies paid and claims made by a business in the relevant experience period (being the first three of the four tax years prior to the levy year for which the experience rating is calculated). As also noted above, for the 2011-12 levy year (1 April 2011-31 March 2012) the modified rate will be based on the experience period 1 April 2007-31 March 2010. The purpose of the experience rating grouping rules as discussed above is to group businesses that have common control/ownership of a workplace and assess them as a single business. The ACC considers that this grouping process results in the financial effects of workplace safety becoming more evident to all members of the group, thereby encouraging improved workplace health and safety practices across the board. Although the use of the associated persons rules for grouping purposes means the potential ambit of the rules is far reaching, it appears that in practice the ACC has not applied many of the rules. For example, NZICA understands that approximately 98% of grouping has been imposed by the ACC on the basis of common corporate ownership of 50% or more, while the other grouping rules have only been applied two or three times. The Regulations also state that the ACC “may” (as opposed to “will”) group taxpayers if the requirements of the applicable associated persons test is met. In our experience, however, it appears that, despite this wording, the ACC may be dogmatically applying the grouping rules in certain circumstances, unless a taxpayer can convince them otherwise. For example, the grouping of associated corporate entities is predominantly based on information obtained by the ACC from the New Zealand Companies Office Register. In NZICA’s view, such an approach does not acknowledge that although businesses may be commonly owned on paper it does not necessarily follow that they exert influence or control over the day to day running including the safety practices, of each other. One area where the ACC has taken a pragmatic approach and acknowledged that common ownership does not necessarily mean common control is in relation to overseas parents of New Zealand companies. ACC has advised that it does not group companies on the basis of common overseas ownership as it may be impractical to trace such ownership or expect an overseas parent to have a positive influence on the health and safety practices of its New Zealand subsidiaries. As such, it is unlikely that sister subsidiaries with a common overseas parent will be grouped together for experience rating purposes. Canterbury earthquake relief The Regulations allow for the exclusion of claims resulting from an adverse event from a business’ experience rating calculation. The Minister for ACC has declared the February earthquake and all aftershocks in Canterbury to be an “adverse event” and consequently any resulting work-related personal injury claims (unless the employer has materially contributed to the injury) will not affect a business’ experience rating for levy years beginning 1 April 2011 and after. Stephen Rutherford CA is Assistant Tax Director and NZICA, Hermine Banks is on secondment to NZICA from Ernst & Young. NGOs in Samoa: assessing accountability Samoa’s oral tradition of accountability poses challenges for non-Samoan auditors. T by AGNES MASOE and PROFESSOR KEITH HOOPER CA he oral traditions and culture of Samoa may pose problems for auditors trained to expect Western forms of accountability. There are many different definitions of accountability, but for the purpose of this article we will follow Fishman’s (2007) definition of accountability as: The process by which assets devoted to charitable purpose are put to their proper purpose and information about their use is made available to the public or to state authorities. (p. 13) What is a proper purpose may be difficult for auditors of NGOs to assess. This is especially true for New Zealand auditors working in Samoa, where spending may demand reciprocating for an ava ceremony or ava feiloaiga. An ava ceremony or ava feiloaiga is an event in which a village or a group formally welcomes visitors or another group. It also represents an act of recognition and acknowledgement by the village of the commencement of the work. The ceremony is conducted by village matais, or chiefs, for the visitors. The visitors, for example project managers, reciprocate during the ceremony, usually with monetary gifts. In Samoa, charitable expenditures require prior acknowledgment or a welcoming ceremony. Work cannot proceed in a village without first following certain acceptance customs. The expenditure associated with these welcoming ceremonies is necessary but hardly advances the function for which the money was donated. One problem with NGOs is the absence of an effective measurement of performance in a sector where effective expenditure outcomes are the focus of operations. What counts as effective expenditure in terms of outcomes is difficult to determine. A second, but linked, problem relates to the absence of written records and the prevalence and preference for the oral tradition of accountability. External donors need to see their donations put to a proper purpose. They require transparent accountability in the form of standardised written forms, duly audited according to certain principles. Why do they want these structured forms of accountability? Because accountability is seen as important for the charities sector to maintain the confidence and financial support of the public. The challenge is to continue to build donors’ trust when it is not obvious that all the money earmarked to a project can be properly accounted for. How persuasive are explanations of culturally relevant expenditures to overseas donors? How acceptable are vague renderings of oral accountability without documentary support? Consider the following example. A women’s committee group is registered as an NGO. The committee is a group of women in Samoan villages, established to advocate for women and to act in the best interests of the wider community. When hosting a formal event in the village, the committee will usually insist a uniform be worn by all women who participate. The committee will then acquire a collection of funds, either from an existing pool or from the members themselves, for this particular event. A portion of the money collected is allocated towards acquiring the uniforms. Typically a group of approximately five women will travel to Apia, the capital of Samoa, in search of a uniform conforming to a Samoan traditional outfit known as a puletasi. This requires many yards of floral material, zippers and other accessories. At the time of purchase, these women would agree on, among other minor details, the costs of the materials for puletasis. Other funds would have been consumed in their travel. Upon the committee’s return to the village, a meeting is called for all members to collect their materials. At this time the committee will verbally give an account on the use of funds Continued on p75 > CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 41 PEOPLE careering From Somalia to secondments Former refugee Ahmed Sofe CA is currently on his second international secondment and living a vastly different life from the one he and his family fled. by JENNIFER BLACK A hmed Sofe CA’s first experience of schooling was in a refugee camp in Ethiopia in the 1990s. Right now he is part-way through a secondment with Ernst & Young to Eindhoven in the Netherlands, proving the theory he lives by – if you dream big, anything is possible. Born in Somalia, Sofe was four when his father was killed in the civil war. At the time Sofe’s mother was pregnant with her fifth son. She moved the family to Ethiopia and they eventually emmigrated to New Zealand in 1999, dreaming of a better life. Sofe, now 27, no longer identifies himself as a refugee, but as 42 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 a former refugee. He says the refugee experience has shaped the way he looks at life. A New Zealand citizen, he sometimes feels alienated by the way former refugees are referred to in the media. Sofe’s mother tongue is Somali, and while he can also read and write Arabic, he had no knowledge of English when he arrived in New Zealand as a 14 year old. “I was excited about going to a first world country – that my mother would get health care and that we would get education, better living standards, better health care and my brothers would have more opportunities.” He attended Wellington High School, where his favourite subject was science. “It’s fascinating, seeing how things work.” Sofe had hoped to study medicine, but in year 11 there were two factors that determined his future career path. “Mum was in hospital to get shrapnel removed from her leg from an old gunshot wound. I experienced the work environment for doctors – their work conditions and being surrounded by sick people.” This experience made studying medicine less appealing. At the same time he was falling behind his year group and was unable to take year 11 science. This meant he had a gap in his schedule, so he decided to try accounting. “I was thinking about economics or accounting, as I was interested in opening my own business one day. When I look back now I think I made a good decision that has opened up a lot of doors for me.” But he confesses maths is not one of his strengths. “People think accountants are number crunchers but we are not, we’re logical thinkers. You only need basic maths as an accountant, but it is advantageous to have a more mathematical background.” He says one of the things he enjoys most about his role is the decision making aspect. “The solutions you come up with for two similar scenarios will be different based on the factors and circumstances.” He believes accounting is an art. “There are lots of right answers, not one single right answer – it depends on the angle from which you are considering something.” Sofe completed his bachelor of accountancy in 2007 with an A average, and his bachelor of business studies, with honours in accounting, in 2009. He says the biggest challenge was doing this work in English. “That first year was quite difficult because I lacked a robust background in English. I found it challenging reading the textbooks.” People think accountants are number crunchers but we are not, we’re logical thinkers He became a CA to maximise his potential. “And because of the opportunities the CA qualification offers – both locally and internationally – and it’s credibility and prestige.” Throughout his studies he dreamed of working for one of the Big 4 firms. “When I was at university it was a big thing – the belief was if you make it to the Big 4 you’re considered to be a very successful accountant.” This perception was shared by students and staff, he says. “In a sense it is true because there is huge competition and it’s a tedious selection process, and once in there the opportunities are quite diverse. There are diverse clients and opportunities for overseas transfers.” Sofe has always considered himself a role model for his brothers, and has inspired one of them to start on the pathway to chartered accountancy. Another brother is a carpenter, another is a student at Massey University studying a Bachelor of Business Studies, and the youngest is still at high school but plans to study medicine. After the challenges Sofe has had, he believes there is nothing difficult in this world. “You are the determining force as to whether things are difficult or easy.” He says it is becoming more common for former refugees to gain professional qualifications, and the Somalian community celebrates their success. He is heavily involved in the Somalian community in Wellington and Treasurer of the Wellington Somali Council. His advice for other refugees or even immigrants who have a big dream, like he did: “Always think that the sky is your limit. Don’t let stereotypes stop you or blur your focus. Remember that the opportunity you have now lots of people would never get, especially where I come from.” In January Sofe left for a three-month secondment to the Netherlands where he continues to work as an auditor. In June he will depart on another secondment, this time a two-year trip to London, where he has previously worked for Ernst & Young. He plans to return to the Asia Pacific region permanently. CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 43 NEWS software update Three trends in accounting Technology is an asset that can help accountants move with the times. Technology is an asset Where chartered accountants have previously viewed technology through a “cost” lens, it is increasingly recognised as a vital asset rather than a necessary overhead. Chartered accountants are increasingly advocates for their organisations to keep up with technology. In purchasing terms, the finance function has an increasing role to play in aligning technology decisions with an organisation’s strategic goals. This remains true from large corporates to small- and mediumsized practices – where the finance team is often in charge of business reporting and intelligence. This means accountants must keep up to date with developments in technology and ensure they understand how a lack of technology, or purchasing the wrong technology, can impact the ability of an organisation to deliver on its strategic goals. Lesson: Define your requirements, and talk to your vendors. The vendors know what their systems can do, and will ensure you get the right solution based on your organisation’s needs. Cloud changes the game The continuing growth of cloud computing, or software as a service, will lead to compliance changes. Even the New Zealand government is getting in on the act, having announced a proposal to implement cloud computing technology across 32 government departments. A business case will be presented to ministers in April. Meanwhile, Inland Revenue (IR) has identified the growth of cloud computing as an area that raises challenges for traditional compliance arrangements. IR says some businesses may be breaching their obligations to keep financial information on hand due to cloud storage. Under the Tax Administration Act 1994 any person who 44 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 carries on any business or any other activity for the purpose of deriving assessable income in New Zealand, must keep sufficient records in New Zealand, in the English language, to enable IR to readily ascertain information about their tax affairs. In some circumstances IR will grant permission for records to be stored outside New Zealand, and IR has indicated it will review the requirements to reflect the industry shift towards cloud computing. Lesson: The cloud is here to stay. The accountant as business adviser New technology will enable accountants to offer new, and more timely, services to clients. New Zealand’s SMEs increasingly look to their chartered accountants for business advice and information beyond the traditional annual tax return. CAs are no longer viewed as primarily a “compliance” requirement, but are expected to deliver value to their clients through timely and relevant business reports. With the increasing sophistication and customisation of software solutions, it is now possible for CAs to offer integrated banking updates across a range of bank accounts, monthly reports that bring together inventory information with workflow projections and accounts receivable data. This can be delivered to a mobile phone or computer on a monthly basis (or as required). Many companies don’t use technology to its best advantage. They look to their professional advisers for innovative ways to make the most of new information technology opportunities. They also need expert advice when interpreting the masses of data that it is now possible to accumulate and review. Lesson: Ask your clients what they need, and help them find a solution by integrating your reporting capabilities with sound strategic advice. Top tips for cloud computing 1.Make a plan before you start Work out what you want to achieve from cloud computing. Think about the type of data you’re planning to put in the cloud, and what you’ll use it for. When you know the business’ needs you’ll be addressing it will help you to work out the type of services you require. 2.Take things one step at a time Go slowly and ensure everything performs as it should, before sending everything to the cloud. 3.Factor in cloud security Security concerns have often been a big barrier to cloud adoption, so consider layers of security. Consider encrypting data and also using firewalls and proxies. 4.Do it your way Cloud computing provides businesses with more choice about how to use and run IT and service providers can help clients find a solution that really works for them. 5.Keep an eye on the budget While cloud computing can be excellent for some small businesses, it’s not a one-sizefits-all solution, so get a professional assessment done to work out what you need and see if cloud computing meets those needs. We make Internet payroll processing a breeze in New Zealand and Australia Perfect for any small to medium sized business, our internet payroll service streamlines the payroll process Unique Benefits • Simple 4 step payroll process • Employee payslip kiosk with leave requests FULLY SECURE, TOTALLY CONFIDENTIAL Standard, Fully Outsourced and Professional Service for Accountants options available For further information or to set up a FREE trial please contact us in New Zealand [email protected], www.ipayroll.co.nz, or in Australia [email protected], www.cloudpayroll.com.au NEW ZEALAND AUSTRALIA WELLINGTON +64 4 472 2997 • AUCKLAND +64 9 377 1517 • HAMILTON +64 7 839 7730 • CHRISTCHURCH +64 3 372 9468 • MELBOURNE +61 3 9670-0422 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 45 ADVERTORIAL SmartPayroll – Easy Payroll Just Got Easier While many businesses value customer satisfaction, automated, online payroll company SmartPayroll places their customers at the heart of every decision they make. A clear focus on making life easier for small to medium businesses has helped SmartPayroll become number one in their market and helped clients easily navigate the maze of payroll obligations. It’s simple and only takes a few minutes to process the payroll. SmartPayroll then pays the employees and files all the IRD paperwork. ADDING VALUE FOR ACCOUNTANTS Your customers’ success is your success and accountants know only too well that their customers’ stress can become their stress. Accountants refer payroll owners to SmartPayroll because they understand the value of reducing administration costs and saving time. Ben Shaw CA, Owner of Allfinanz Chartered Accountants and Active Chartered Accountants Wellington says: “SmartPayroll is perfect for all our small to medium businesses because it’s simple to use and automatic. I recommend it all the time for our clients and also use it personally to run our pays and the pays for some of our clients. With the system being completely online we can provide an offsite HR function as well. The ability to run the pays at anytime and anywhere up to four weeks in advance is also fantastic, especially around the holidays. Best of all is knowing the PAYE and IRD filing is all taken care of. The service and support from the SmartPayroll helpdesk is superb and they certainly work with us to get any issues solved fast. I can’t recommend this system and the team at SmartPayroll highly enough.” Ric Thorpe, Business Development Manager of DJCA Christchurch & Auckland says: “I tell clients in every meeting now about Smart Payroll. It's another program like Xero that our clients just 'get'. It's easy, robust and it does so much. It's simple – I just tell clients and prospects, ‘you pay the gross amount out of your bank, the system pays the IRD, pays the staff member, emails the staff member the pay slip and files the return to the IRD. We no longer offer payroll to the vast majority of our clients because this is cheaper and they'll save time and they'll have better control and understanding of another of their crucial business systems.” EASY JUST GOT EASIER As well as no annual fees and a very affordable pricing structure, SmartPayroll sets up everything then provides free training and free ongoing access to SmartPayroll’s Helpdesk. Memo : Public Accountants Business Have Your Clients Outgrown Improvement Small Business Software? Guide 700 tactics spread over 7 self contained sections Our Business Improvement Guide helps direct the efficient, effective and acceptable use of IT within medium business clients today. We also provide a business systems review to identify and quantify which tactics could help a particular client through upgrading to a locally developed intelligent business system – like the new Attaché with a money back guarantee on the outcome. Our experience is up to 10% of annual turnover is trapped within inefficient business systems – that could be $400,000 for a $4 million turnover client – cash to help fund your business advisory and financial planning services. To discuss further phone 0800 288 224 or email [email protected] 46 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 “Remote access to all data in real time.” Mike Rich, MD Attaché Committed to smilier small businesses SmartPayroll are the very smiley specialist payroll company. We’re expert at making small to medium businesses feel happy by providing online, one-touch staff payments, IRD returns and taking away hassles like dealing with holiday pay and KiwiSaver. But more than that, we’re committed to providing a responsive, affordable personal service that makes our clients; from web designers to mechanics, retailers to restaurateurs, love us. And our service is free to chartered accountants to use in their own practices. (Bet that made you smile!) To find out more, talk to us today. CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 47 2012 TAX SEMINAR SERIES 48 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 NEWS 0800 223 729 Ace Payroll for New Zealand employers. software update www.acepay.co.nz Try it for free Take control on pay day with easy low cost software and great help desk support. CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 49 NEWS software update Find us online: www.reckon.co.nz THE RIGHT DECISION FOR YOUR COMPANY QuickBooks, the world’s best selling accounting software, together with Reckon will help boost you & your clients business potential. Receive maximum benefits by joining our exclusive partner program. It will the best decision your business makes.. Call us today 0800 447 292 join now & save $150 on your annual membership receive over $6000 worth of software quickbooks hosted, anywhere, anytime, any device “For the past 15 years the QuickBooks partner program has generated quality sales leads for my business. 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Benefits include: Save time Easy to use Reliable Forecast tool Convenient Drag & Drop ability to transfer assets between locations Calculate depreciation by a click of a button VIAssets has been used in NZ and Australia since 1995 Allows you to forecast future period depreciation values Can be used standalone or integrated to your accounting software* FREE 30 Da y Tria l Written Owned Supported *Currently supports MYOB Exo Business, MYOB AccountRight, Exchequer Enterprise and Solomon IV Call us on 0800 Best Software (0800 2378 763) or email [email protected] for more information CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 51 AUCKLAND Close to the heart of Auckland’s CBD, and a stones throw from Auckland Domain, NZICA’s stunning new Auckland Conference Centre features three large conference rooms, video conferencing facilities and a fully flexible boardroom. NATURAL LIGHT STATE-OF-THE-ART AV IN ALL ROOMS EXEMPLARY SERVICE DELICIOUS CATERING Accommodating up to 300 guests, it’s the ideal location for your next corporate event, small meeting, all-day workshop, seminar, or after-work networking function. We offer favourable rates for NZICA members. PLEASE CALL NISHANT JADAV, CONFERENCE CENTRE MANAGER, ON 09 917 5915 TO ARRANGE A VISIT. WE LOOK FORWARD TO HOSTING YOUR NEXT EVENT 52 CHARTERED ACCOUNTANTS FEBRUARY 2012 Ground Floor,JOURNAL 12–16 Nicholls Lane, Parnell. 09 917 5915, [email protected] GRAHAM HAMBLY IN THE UK Record fine for PwC UK The UK’s Accountancy and Actuarial Disciplinary Board has handed down a record fine. P wC’s UK ARM has been fined a record £1.4m and severely reprimanded by the Accountancy and Actuarial Disciplinary Board (AADB) over its failure to report to the Financial Services Authority that JP Morgan Securities was not properly ringfencing clients’ money. During 2002 and 2008 clients’ money was mixed in with the bank’s own cash. There was no loss to customers, but PwC admitted that its inaction meant it had fallen short of the standards reasonably to be expected of members and member firms. In particular PwC accepted that it did not carry out its professional work in relation to these reports with due skill, care and diligence, and with proper regard for the applicable technical and professional standards expected of it. As a consequence PwC wrongly reported to the FSA that JP Morgan Securities had maintained systems adequate to enable it to comply with the Client Money Rules throughout the relevant period. The Tribunal found that PwC had committed misconduct in respect of each allegation in the disciplinary complaint before it. In fact the Tribunal said it was “very serious” and therefore imposed a severe reprimand on PwC. The £1.4m fine was reduced from £2m for cooperation and other mitigation, with PwC paying the AADB’s costs in investigating and prosecuting the case. The new code working The UK’s Financial Reporting Council (FRC) has revealed that there has been a high level of take up in the provisions of its new Corporate Governance Code. For example, some 80% of FTSE 350 boards have put all their directors up for annual re-election, demonstrating, says the FRC, the value of code in promoting behavioural change in the boardroom. Some 230 asset managers, asset owners and service providers have also signed up to the Stewardship Code in its first year. FRC chairman Baroness Hogg believes the UK is moving in the right direction. She says: “Our comply or explain model encourages the changes in behaviour and governance practice that helps to underpin confidence in the UK’s capital markets.” CIPFA going global CIPFA, the UK public sector accountancy body, and the Institute of Chartered Accountants of Sri Lanka (ICASL) have agreed to work together to transform the support available to Sri Lankan public finance professionals. A memorandum of understanding was recently signed in Berlin and the new partnership will now develop a joint qualification and membership arrangements. This new partnership is the first outward sign of CIPFA’s new international prospectus Fixing the Foundations in action. The institute wants to bring international public sector bodies together to restore confidence in countries’ management of public finances and to improve standards. CIPFA believes the time is now right for a step-change in financial management in governments. And, a key component in this philosophy is making the CIPFA qualification much more readily available globally. CIMA salary guide So, what is the UK average salary for a CIMA qualified accountant? Currently it is £52,357 basic, with a bonus at £4,814, says a survey CIMA conducted of all its members. The survey also reveals salaries rise fairly steeply with continued experience, and there is a clear change at six to nine years postqualifying. That is when the big money is going to kick in – the average salary for CIMAs with 10 years experience is £92,000. Hidden among the stats is the fact that CIMA women can still expect lower salaries when compared to their male counterparts. The average female salary in 2011 was £47,826, some £16,500 less than their male counterpart. The survey also found that the hours management accountants spend at the office are becoming longer. Some one in eight CIMAs work between 51 and 60 hours a week. Another 42% work between 41 and 50 hours. Website of the month The ICAEW has set up a website, trueandfair.org.uk, that describes the processes that auditors go through to give their opinion on companies’ financial reports for nonaccountants. The new site also has an interactive section where questions can be posted and answers will be provided. The ICAEW is claiming, and who are we to disagree, that the website is intended to provide unbiased, objective information in layman’s language to help improve the understanding of audit. Graham Hambly is a British journalist and editor of PQ magazine. CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 53 PETER SWITZER IN AUSTRALIA New Year, new rate cut? Another rate cut is likely in Australia at a time when unemployment is up, the housing market is weak and retail spending is sluggish. T HE NEW YEAR ACROSS the ditch has started without any great fanfare. It looks like there’s a wait-and-see game being played by the main players — the Gillard Labor Government and the Reserve Bank of Australia. Annual economic growth to the September quarter last year was 2.5%. The end-result has been an easing of interest rates — 0.25% cuts in both November and December — as retail laboured and the unemployment rate rose from 5.2% to 5.3% in November. “In the first 11 months of 2011 just 44,700 jobs have been created – marking the worst result for a similar period in 15 years, and well below the 366,600 jobs created in the first 11 months of 2010,” said CommSec’s economist, Savanth Sebastian. “There are clear signs that Aussie businesses are reigning in hiring. Jobs growth is now going backwards adding to data showing sluggish retail spending, a weak housing market and lacklustre activity in manufacturing, services and construction sectors.” Creating jobs should be a high priority of a Labor Government and so with employment barely growing and having recorded a weak annual growth rate of just 0.4% — the poorest in 27 months — it isn’t a good sign with the Gillard team’s rating with voters around 30%. “And even if you collate all the jobs created over the first 11 months of 2011, it totals a paltry 44,700 jobs, marking the weakest result for a similar period in 15 years and a far cry from the 366,600 jobs created in the first 11 months of 2010,” Sebastian pointed out. So it is not surprising that a growing chorus of economists are saying that 54 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 another rate cut is likely at the first meeting of the Reserve Bank on the first Tuesday in February. I suspect there is a good chance that this will happen but it is likely to be the last unless poor European decisions over debt and deficits leads to more stock market sell-offs. On the subject of interest rates, both the Reserve Bank and the Federal Government look set to be on a collision course with the major banks, whose bosses are starting to plead poor mouth, which could see them refuse to pass on any future interest rate cut in full. The seemingly endless weeks of poor decisions and inconclusive meetings coming out of the European Union has resulted in increasingly higher interest rates for sovereign bonds for most member countries and the pressure on bank balance sheets of customers who might default has pushed up the cost of funds for banks such as ours which rely on external funding for about half of their local loans. Leading the charge against the RBA and the home loan borrowers of Australia, who have grown up expecting that banks play follow the leader with the Reserve Bank, is the ANZ’s chief executive, Mike Smith. In January his bank started setting and announcing what the home loan rate would be on a monthly basis. Smith says he is going it alone, independent of the RBA and his rivals. “The change in the RBA's official cash rate is one factor we assess when looking at funding costs,” Smith has argued. “However, the price we pay for customer deposits, and for the domestic and international wholesale funding that we rely on in order to continue to lend, are much more important considerations.” If and when the RBA next cuts, there will be an enormous focus on what Smith and ANZ do and it will put the focus on just how competitive our big four banks are in particular. And while the Reserve Bank is unlikely to say anything publicly, you can bet the Prime Minister and her trusty world champion Treasurer, Wayne Swan, will be champing at the bit to get into some good old bank bashing to raise their popularity ratings. This year the Government introduces its carbon tax in July but ensnaring government ploy. While on taxes, some time this year we will see the introduction of Julia Gillard’s mining tax. The first mining tax mooted ran ahead of former-PM Kevin Rudd being shown the door by his own team, but this new version of the bill was passed in November in the lower house and now goes to used to deliver a company tax rate cut, infrastructure spending and an increase in the superannuation guarantee rate from nine to 12% Does this sound like electoral sweeteners to you? So this sets the scene with the Opposition leader, Tony Abbott, being accused by some as being “Mr Creating jobs should be a high priority of a Labor Government and so with employment barely growing and having recorded a weak annual growth rate of just 0.4 per cent — the poorest in 27 months — it isn’t a good sign with the Gillard team’s rating with voters around 30%. the tax cuts are projected by Treasury to make lower income Aussies better off. In fact, those earning less than $80,000 will get a tax cut and low income Aussies will get welfare payments to make them happier with the carbon tax. This is clearly an electoral sweetener and in fact the welfare payments will come in May or June, actually before the carbon tax and tax cuts begin! That’s either a caring or a vote the Senate which is controlled by the Greens party. Called the Minerals Resource Rent Tax Bill 2011, three global miners — BHP Billiton, Rio Tinto and Xstrata will pay about 80% of the expected tax revenue but smaller miners are livid over the 20% they will have to pay. It will be a 30% tax rate and is expected to generate about $12 billion to 2013-14. This will be HAVE A CLIENT IN FINANCIAL TROUBLE? No” and so it will be up to him to maintain his party’s election-winning lead, which is in stark contrast to his personal popularity. Fortunately for him, his rival, Julia Gillard is as popular as a bucket of prawn shells left out in the sun. Let the fun and games begin for 2012. Peter Switzer is a business and financial commentator. Talk to the business recovery and insolvency experts at McDonald Vague. 0800 303 034 www.mvp.co.nz • Liquidations • Receiverships • Compromises • Crisis Management CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 55 NEIL MILLER ON POLITICS Election 2011: winners and losers The final results of Election 2011 have been confirmed and there were some clear winners and losers. O N 20 FEBRUARY 2012, members of New Zealand’s 50th parliament were sworn in. After the traditional speech from the throne and a rather desultory debate, parliament quickly adjourned for six weeks. It is a peculiarity of the New Zealand system that each new parliament usually begins with an extended holiday. The real politics will start when the House resumes on February 7 with the opposition looking to land some blows on the National Party and their coalition allies in the Act, United Future and Maori parties. Winners A strong election result meant the National Party could again form the government. The popularity of Prime Minister John Key was their key electoral weapon, supported by a well-organised if cautious campaign run by Steven Joyce. National will be particularly delighted with the big party vote swings in Wellington and Christchurch, picking up the former Labour stronghold of Christchurch Central in the closest of races and holding onto Auckland Central and Waitakere against determined Labour challenges. The Prime Minister has taken the opportunity to promote new faces into Cabinet and to boost the rankings of high-performing ministers such as Hekia Parata and Steven Joyce. Key seems determined to ensure National rejuvenates even though this may involve making some tough calls about veteran Ministers who do not want to go. A record number of Green Party MPs were elected to Parliament in 2011, 56 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 including the country’s first deaf parliamentarian. The Greens did well to increase their caucus size and to successfully bed in their youthful leadership team. All of the original Green MPs have now left parliament so the generational torch has truly been passed. However, the Greens will be disappointed they did not do even better as their final results, once again, did not live up to their poll ratings. They continue to operate outside of Cabinet and, at some point, will probably need to be part of a government in order to effect significant changes. In 2012, the biggest challenge will be keeping their support up as Labour looks to win back their traditional voters. Defying the odds and the conventional wisdom, Winston Peters has returned to parliament, bringing in a sizeable if unpredictable caucus. Peters expertly used the scandal around the “Tea Tapes” to accelerate his otherwise anaemic election campaign. In typical fashion, he utterly denies this, implausibly claiming the “Tea Tapes” actually cost his party votes. Most of the New Zealand First MPs will be relatively unknown to the New Zealand public though Andrew Williams has been a controversial figure in political circles. The flamboyant Brendan Horan and outspoken Richard Prosser may well generate some unwanted headlines in the coming year. For Labour, the big winner was the hard-working and affable Damien O’Connor who regained his beloved West Coast-Tasman seat. He was the only Labour MP to win an electorate seat off National despite the party having high hopes for taking Auckland Central and New Plymouth. Losers Labour recorded its worst election result since 1928 and Phil Goff and Annette King quickly stepped down in a dignified manner. Relative newcomers David Shearer and Grant Robertson, with a combined five years of parliamentary experience, have taken the reins as Labour looks to rebuild its caucus and party. The 2011 election battered Labour, but it survived. The challenges for this term include dropping the policies of the past, reconnecting with voters and promoting new faces, most likely David Parker and Jacinda Ardern. Andrew Little has endured a disappointing start to his muchheralded political career, failing to win New Plymouth and not featuring seriously in the leadership discussions. David Cunliffe will also be disappointed to have lost both his bid to be leader and then the prestigious Finance portfolio. 2011 may well be the year the Act brand was trashed forever. After an extraordinary coup, Don Brash boldly predicted 10-15% for the party. In reality, it barely scraped past 1% on election day. The National voters of Epsom duly ticked John Banks but will be loath to do so again unless Act understated the popularity of National. To claim that National was at 32.6% on the eve of an election where they polled 47% should be a sackable offence. The Horizon poll was utterly discredited. The poll consistently overstated the popularity of the Act, Conservative and New Zealand First parties and hysterically understated the popularity of National can dramatically improve. No one associated with Act can take any credit from a year where the right got everything wrong. Finally, as predicted in this column, the Horizon poll was discredited. The poll consistently overstated the popularity of the Act, Conservative and New Zealand First parties and hysterically The Conservative Party leader Colin Craig should also be ashamed of touting a dodgy poll he claimed showed him ahead in Rodney. He was thrashed by more than 11,000 votes. Neil Miller is a Wellington writer and contributor to National Radio’s The Panel. Tame your client’s terminal tax. Cover their shortfall with someone else’s surplus using TAX PURCHASE from Tax Management NZ. It’s used by most of NZ’s Top 200 companies plus all major accounting firms. Call the tax masters on 0800 829 888 or visit www.tmnz.co.nz/accountants/taxpurchase NZICA/G/TT CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 57 JOHN HAYLOCK ON PUBLIC PRACTICE SECTOR When this was tested with 100 people, 68% said they would choose the $59 option and 32% the $125 option. This mix would have generated $8,012 from the 100 customers: • Online + back library @ $59 x 68 customers = $4,102 in revenue • Print edition + online + back library @ $125 x 32 customers = $4,000 revenue In the second trial there were three options: 1.The online version plus access to the back library for $59 per year 2.The print edition only for $125 3.The print edition plus the online version and access to the back library for $125 per year Price relativity People like to feel they are getting a good price. P RICE RELATIVITY IS a very interesting concept that has the potential to help accountants keep more clients and earn more money. It is a concept that was recently brought to my attention in a fascinating You Tube clip by UK-based professional services pricing expert Mark Wickersham. In the clip Wickersham quotes research from Dan Ariely’s book Predictably Irrational. Ariely is a behavioural economist who suggests most people assess whether a price for a product or service represents good value by comparing it to something else. Customers can compare prices for related goods or services within a business as we do at the supermarket or they can compare prices between businesses as we do when moving from shop to shop to find the right item of clothing. This process of comparing prices to help make decisions is price relativity. Wickersham quotes an example from Ariely of the potential of price relativity in his You Tube clip. A magazine with both hard copy and online editions carried out trials of two mixes of subscription options. In the first trial there was two options: 1.The online version plus access to the back library for $59 per year 2.The print edition plus the online version and access to the back library for $125 per year 58 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 The only difference was the availability of the option to choose the print edition by itself in the second trial. Yet the results were dramatically different. When this mix of three options was tested with another 100 people only 16% now said they would choose the $59 option while 84% said they would choose the all inclusive $125 option. No-one chose the $125 print edition only option. This was not surprising because it looks like poor value compared to the other $125 option which included both the print and online editions and access to the back library. However, including this print-only option for $125 made the all-inclusive $125 option look like great value and significantly increased the proportion who chose it. This second mix of options would have generated $11,444 from the 100 customers. That’s an increase of nearly 43% simply by adding in an option that nobody chose because of its relative poor value: • Online + back library @ $59 x 16 customers = $944 in revenue • Print edition @ $125 x 0 customers = $0 • Print edition + online + back library @ $125 x 84 customers = $10,500 revenue What are the implications for accountants? The first key point is to give your clients pricing options. Most clients find it quite difficult to assess whether the services they receive from accountants are good value. It’s not like buying petrol where the price is advertised on a sign outside every service station. A business owner generally doesn’t know how their accountancy fees compare to the fees charged by other accountants. This can tempt business owners to shop around to compare prices. Presenting your clients with pricing options will encourage your clients to choose between your options rather than going and getting prices from another accountant to compare you with. The second key point is that you can influence which options are chosen by varying the apparent value of each option. Our natural inclination is to give options that By understanding and applying the principles of price relativity you can help more clients choose the option that gives them the greatest value present equal value, eg a cheaper service that has less included and a more expensive service that has more included. As suggested by the magazine example you should perhaps instead give three options: • a cheaper option with less included • a more expensive option with a bit more included • a more expensive option with even more included By giving a second higher priced option of lesser perceived value you’ll probably find more clients choose the more expensive services that give them more value. That’s because it is now easy to assess that the more expensive option with even more included is great value. By understanding and applying the principles of price relativity you can help more clients choose the option that gives them the greatest value and helps you produce more income. John Haylock is Practice Performance Manager at BankLink. john.haylock@ banklink.co.nz CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 59 ASHLEY BURROWES IN THE UNITED STATES Tax burdens across the US The most obvious example is taxation. Although the Federal government imposes the largest taxes, the 50 states and thousands of local jurisdictions also impose a host of non-trivial taxes.3 These include income taxes, property taxes, payroll taxes, severance taxes on natural resource, and sales taxes. The relative importance of the type of taxes on businesses is estimated in table 1. Companies can easily become ensnared in the Byzantine web of different taxes imposed by the many governments touched by (or seeking to touch) cross-border transactions. Not only can many different levels of government be involved, but also many different kinds of taxes: some jurisdictions rely more heavily on income taxes; others on sales or property taxes. Adding complexity, even the same kinds of taxes can differ across borders. For example, the definition of taxable income at the Federal level usually is different from that used by the many States which impose income taxes. Differences among definitions often are subtle, yet important. Indeed, the various tax rules have only one thing in common: they are seldom easy to understand or permanent, because they are created at different times and thus reflect changing government policies.5 taxes on goods sold to consumers. The rates usually are fairly uniform throughout a state, but can vary significantly between counties and cities. Forty-one states have income taxes on earnings sourced to the jurisdiction; so do a limited number of cities. All states have property taxes (rates), which vary greatly between states, and to a lesser but still significant extent, within states, in their effective tax rates. Table 2 estimates effective tax rates on businesses for each state. This was computed by dividing the total taxes paid by businesses in a state by total income for businesses operating in the state. Table 3 shows how sales tax rates vary across the USA. Sales taxes are typically imposed on the gross receipts of retailers which sell tangible personal property in a jurisdiction in which the retailer has a physical presence. (This has allowed web-based retailers – notably Amazon.com – to ignore these taxes in most of the USA.)6 Businesses generally can, and do, bill customers for sales taxes, and thus are not directly burdened by the tax. However, the costs of reporting to tax agencies can be quite significant.7 (a) Three states levy mandatory, statewide, local add-on sales taxes at the state level: California (1%), Utah (1.25%), and Virginia (1%). We include these in their state sales tax. (b) Hawaii, New Mexico, South Dakota, and Wyoming have broad sales taxes that also apply to many services. These states' rates are not directly comparable to other states' rates. (c)Due to data limitations, table does not include sales taxes in local resort areas in Montana. DIFFERING BURDENS OF TAXES ACROSS THE US KEY ASPECTS OF VARIOUS TAXES Tax rates vary dramatically across state and local taxing units. The US does not have a national Value Added Tax. However, of the 50 states, 45 have sales Business income taxes There is a plethora of taxes applicable to businesses as a guide for NZ businesses contemplating a US presence. G IVEN THE NOVEMBER ratification of “The Trans-Pacific Partnership” at the Asia Pacific Economic Cooperation summit in Hawaii, it may be the time for New Zealand firms to consider setting up new operations in the US. Where best to set up operations in the US is a complex decision1, sometimes dominated by the reason for operating in America, a massive consumer market still, notwithstanding high unemployment and growing numbers of impoverished residents. If the need is to be close to certain limited resources – physically closer to certain major customers (eg refineries), pools of specialised labour (eg Silicon Valley), creative industries (eg Hollywood-Burbank), governmental decision makers (eg Washington DC) intermodal transportation hubs (eg Los Angeles) – the decision is made. If there is more flexibility, however, it should be remembered that the US is very big place, composed of very different locations, with different business environments. Although many US business practices (and laws) have become more uniform since World War II, entrepreneurs typically face a multitude of governments – ranging from cities to states, counties to metropolitan rapid transit districts – which impose a myriad of different regulations on a wide variety of activities.2 MORE THAN 50 DIFFERENT TAX REGIMES 60 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 Most states tax the income of corporations and similar business entities. Forty-five states tax corporate net income directly. Michigan imposes a Single Business Tax based on economic value added. Texas assesses a franchise tax based on net worth. Washington levies a Business and Occupations Tax based on gross receipts. To calculate these taxes, most jurisdictions “piggyback” on taxpayers’ compliance with the Federal corporate income law. Piggybacking on Federal income is done in three steps. First, the taxpayer starts with Federal net income. (Many state require that the Federal income tax return, or key portions of it, be attached to the state return.) Second, the taxpayer makes some state-specific adjustments. Finally, the state tax rates, and any state tax credits, are applied. In contrast to Federal rates ranging from 15% the US is very big place, composed of very different locations, with different business environments to 39%, state rates range from 6% to 12%. Significant differences between Federal and state tax rules nevertheless exist, even for piggybacking states. One major set of differences comes from the special economic incentives. These are usually targeted for economically depressed areas, or for industries which a state is trying to subsidise. Such incentives are usually specified by state or local statute, and often provide a panoply of benefits to investments generating employment in these areas. They range from reduced sales taxes for plant, property, and equipment to investment tax credits and accelerated depreciation on the same. Sometimes there are employment tax credits which greatly reduce the after-tax cost even of new minimum wage employees, or special treatment for start-up costs or losses. More, and more favourable, benefits usually are specified for special enterprise zones. Often modelled on Federal law, these programmes usually provide special and higher levels of tax incentives and other benefits for businesses established in designated depressed areas.9 Income tax The owners of unincorporated business also are subject to income taxes in more than 40 states. Income generally is sourced where it is earned. For example, it is usual for rents to be sourced to the state where the property is physically located, and royalties to the state where the underlying intangible is being used. Table 14 Incidence of business taxes by state Type of tax No of states % of total taxes Property tax – real 49 41.58% Property tax – personal 41 11.07% Property tax – other 41 6.02% Alcoholic beverage licence 47 0.25% Amusement licence 34 0.19% Corporation licence 48 3.05% Motor vehicle licence 49 7.44% Public utility licence 31 .030% Corporation income tax 45 19.71% Severance tax 33 4.00% Document and stock transfer 30 1.89% Taxes on non-employee comp 15 0.16% Unemployment insurance 49 4.33% Total100.00% (We have excluded sales taxes because these mostly fall on consumers of goods sold at retail.) Table 2 Effective tax rates on business income by state State Effective tax rates Ranking on business income Alabama 12.45% 40 Arizona 25.70% 7 Arkansas 9.96% 45 California 15.97% 30 Colorado 14.47% 34 Connecticut 21.26% 11 Delaware 32.92% 3 DC & Maryland 14.44% 36 Florida 20.92% 13 Georgia 13.98% 37 Hawaii 7.84% 46 Idaho 7.22% 47 Illinois 21.19% 12 Indiana 18.76% 18 Iowa 10.24% 44 Kansas 14.71% 32 Kentucky 21.30% 10 Louisiana 21.46% 9 Maine 19.30%16 Massachusetts 16.26% 29 Michigan 39.74% 2 Minnesota 17.74% 20 Mississippi 16.82% 25 Missouri 14.47% 35 Montana 19.09% 17 Nebraska 6.63% 48 Nevada 10.69% 43 New Hampshire 25.82% 6 New Jersey 23.24% 8 New Mexico 16.86% 24 New York 26.84% 5 North Carolina 12.01% 41 North Dakota 11.14% 42 Ohio 15.60% 31 Oklahoma 16.62% 26 Oregon 16.28% 28 Pennsylvania 17.03% 23 Rhode Island 18.47% 19 South Carolina 19.72% 15 South Dakota 4.22% 49 Tennessee 14.62% 33 Texas 17.65% 21 Utah 12.63% 39 Vermont 16.61% 27 Virginia 13.91% 38 Washington 19.83% 14 West Virginia 26.89% 4 Wisconsin 17.50% 22 Wyoming 42.63% 1 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 61 Services are typically sourced to where they are rendered, and multistate business operations are divided among the states involved using some averaging convention.10 Sales and use taxes As shown above, almost all states tax consumers on the retail purchase of personal property intended for in-state use or consumption. Sales taxes apply to instate retail purchases; use taxes apply to out-of-state retail purchases. Tax rates are set at the state level, but counties and cities may add on a small tax of their own. Five states do not have a statewide sales tax: Alaska, Delaware, Montana, New Hampshire and Oregon. Four of these five (all but Alaska) do not allow local sales taxes, either. Among states that do collect a statewide tax, the five with the lowest average combined rates are Hawaii (4.35%), Maine (5%), Virginia (5%), Wyoming (5.34%), and Wisconsin (5.43%). The five highest combined rates are Tennessee (9.43%), Arizona (9.12%), Louisiana (8.84%), Washington (8.79%) and Oklahoma (8.66%).11 The sales tax is imposed directly upon the consumer; however, vendors must collect the taxes from the consumer and remit them to the appropriate state. The tax is merely a percentage of the purchase price. The use tax is imposed and collected in a similar manner. The notable difference is that the vendor is an out-of-state and may not have a legally enforceable obligation to collect and remit the use tax. The existence of a legal obligation depends on the extent of the vendor’s contact with the consumer’s state. States levy a use tax so as to not disadvantage instate vendors. The use tax discourages a state’s residents from making purchases in another state in order to avoid the sales tax. In addition, both in-state and outof-state vendors incur similar tax related collection and remittance costs. Many purchases, however, are exempt from sales/use taxes. Purchases of property used in the production of inventory are commonly exempt. Such purchases include packaging, ingredients in the final product and equipment (or parts thereof) used to make the product. This prevents double taxation when the product is resold to consumers. Rates (property taxes) Taxes are usually assessed on both real estate and personal property. However, in some states, only real estate is taxed. Taxes are based on the value of the property at a specific assessment date or point in time. Property owners are liable for payment of the tax. States directly assess some real estate, but local governments, typically counties, assess most real estate taxes. 62 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 Table 38 State and local general sales tax rates as of July 1, 2011 State State tax Average local Combined Rank rate tax rate rate Alabama 4.00% 4.64% 8.64%6 Alaska None 1.74% 1.74%46 Arizona 6.60% 2.52% 9.12%2 Arkansas 6.00% 2.50% 8.50%7 California (a) 7.25% 0.88% 8.13% 12 Colorado 2.90% 4.58% 7.48%15 Connecticut 6.35% None 6.35%31 Delaware None None None47 Florida 6.00% 0.65% 6.65%29 Georgia 4.00% 2.87% 6.87%23 Hawaii (b) 4.00% 0.35% 4.35% 45 Idaho 6.00% 0.02% 6.02%35 Illinois 6.25% 2.02% 8.27%9 Indiana 7.00% None 7.00%21 Iowa 6.00% 0.81% 6.81%25 Kansas 6.30% 1.96% 8.26%10 Kentucky 6.00% None 6.00%36 Louisiana 4.00% 4.84% 8.84%3 Maine 5.00% None 5.00%43 Maryland 6.00% None 6.00%36 Massachusetts6.25% None 6.25% 33 Michigan 6.00% None 6.00%36 Minnesota 6.875% 0.30% 7.18%17 Mississippi 7.00% 0.003% 7.00%20 Missouri 4.225% 3.45% 7.67%14 Montana (c) None None None 47 Nebraska 5.50% 1.27% 6.77%27 Nevada 6.85% 1.08% 7.93%13 New Hampshire None None None 47 New Jersey 7.00% 0.03% 7.03% 19 New Mexico (b) 5.125% 2.11% 7.23% 16 New York 4.00% 4.48% 8.48% 8 North Carolina 4.75% 2.10% 6.85% 24 North Dakota 5.00% 1.38% 6.38% 30 Ohio 5.50% 1.28% 6.78%26 Oklahoma 4.50% 4.16% 8.66%5 Oregon None None None47 Pennsylvania 6.00% 0.34% 6.34%32 Rhode Island 7.00% None 7.00% 21 South Carolina 6.00% 1.14% 7.14% 18 South Dakota (b) 4.00% 1.81% 5.81% 40 Tennessee 7.00% 2.43% 9.43%1 Texas 6.25% 1.89% 8.14%11 Utah (a) 5.95% 0.73% 6.68% 28 Vermont 6.00% 0.14% 6.14%34 Virginia (a) 5.00% None 5.00% 43 Washington 6.50% 2.29% 8.79%4 West Virginia 6.00% None 6.00% 36 Wisconsin 5.00% 0.43% 5.43%41 Wyoming (b) 4.00% 1.34% 5.34% 42 D.C. 6.00% - 6.00%- In contrast, states directly assess most personal property. Most states do not tax intangible personal property. Valuation methods, tax rates and assessment dates vary by state. Other taxes While the majority of state tax collections are from income, sales and use, and property taxes, other taxes significantly affect businesses and transactions. For example, share taxes are usually levied on corporations for the right to exist as a corporation, or for the right to do business in the state. States base capital stock taxes on a corporation’s net book value, which includes capital, surplus and retained earnings. Licence taxes are often imposed for the right to conduct certain businesses or professions. These taxes are intended not only to raise revenue but also to regulate certain businesses and professions. State and local governments both impose these taxes. States usually impose transfer taxes on changes of property ownership; the tax is imposed upon the transferor. For example, some states impose a transfer tax on the transfer or sale of stock or securities, typically exempting initial public offerings from the tax. Other states impose a tax upon the transfer or sale of real estate at the time of recording or transfer. States impose excise taxes on the consumption of regulated goods and services, such as gasoline and air travel. States fairly commonly assess severance taxes on the removal of natural resources, such as timber, minerals and petroleum. The tax is based on the value of the extracted resources, and is a major source of state funding in Texas and Wyoming, as well as Alaska. States levy payroll, disability and unemployment taxes on both employers and employees. States also levy motor fuel taxes, telecommunications taxes, tourism taxes, value added taxes, commercial rent taxes, and highway use taxes. Table 4 Five states with the highest tax burden for a family of three Tax burden rank Tax burden percentage of income Average tax burden Average income Connecticut 1 20.70% $10,348 $50,000 Pennsylvania 2 13.70% $6,859 $50,000 Maryland 3 11.60% $5,797 $50,000 Michigan 4 11.40% $5,722 $50,000 Iowa 5 11.30% $5,649 $50,000 State Table 5 Five states with the lowest tax burden for a family of three State North Dakota Tax burden rank Tax burden percentage of income Average tax burden Average income 46 5.70% $2,838 $50,000 Montana 47 5.60% $2,794 $50,000 South Dakota 48 5.20% $2,588 $50,000 Florida 49 4.90% $2,445 $50,000 Alaska 50 4.40% $2,355 $50,000 KEY WEBSITES Fortunately, states and many other interested groups maintain websites containing key tax information. Taxing agencies commonly post their own pronouncements, rules, regulations, statutes and the other official documents which make up the basic rules of state and local taxation. CONCLUSION New Zealand firms considering setting up new operations in the US can face a bewildering array of state and local regulations. This is typified by the US system of state and local taxation. The Holy Roman Empire was neither holy nor Roman nor an empire; state and local taxation of business in the US is not much of a system, either. Negotiating this system is no mean task. As shown above, this is particularly important when selecting the location for a prospective US operation. 1 Moore, ML, BM Steece and CW Swenson. 1987. An analysis of the impact of state income tax rates and bases on foreign investment. The Accounting Review (October): 671-685. 2 Karayan J & CW Swenson. 2006. Strategic Business Tax Planning. 3 An excellent analysis of the dynamics can be found in Padgitt, K. 2011. State Business Tax Climate Index (Eighth Edition). Background Paper No. 60. This is one of many reports published by the U. S. Federation of Tax Administrators at taxadmin.org. 4Swenson, et al. 2003. State & Local Tax Planning. 5 PricewaterhouseCoopers. 2011. SALT [state and local tax] Trends. 6 Karayan J. 2009. “Fundamental limits on state and local taxes: US constitutional law” in State and Local Taxation (Lexis/Nexis Matthew Bender). 7 PricewaterhouseCoopers. 2011. Paying Taxes: The Compliance Burden. 8 Source: Drenkard, S. 2011. Ranking state and local sales taxes. Tax Foundation Fiscal Fact No. 284. This is another of many reports published by the US Federation of Tax Administrators. 9 Ibid., note v 10Lease, TL, CW Swenson and M Williams. 2001. Effects of Unitary Versus Non-Unitary State Income Taxes on Interstate Resource Allocation: Some Analytical and Simulation Results. Journal of the American Taxation Association, Vol. 23, No. 1, Spring. 11Ibid., note ix John Karayan has co-authored several tax books. Ashley Burrowes FCA (NZ) is a director of the chartered accountants association in the USA (ACAUS) and is a member of the California CPA society. CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 63 PETER ISAAC ON BANKING Subordinated debt has payout risks Subordinate bonds offer tempting yields, but investors risk being sent to the back of the queue if the issuer runs out of money. C HARTERED ACCOUNTANTS IN public practice might find it worthwhile to apply some follow through questions if they discover their clients are about to acquire, or have already acquired, subordinated bonds issued by trading banks. Such bonds will offer a tempting yield of several percent more than the banks’ own blackboard rate. This return, when blended with such well-known and reliable names, seems to add up to an absolutely safe investment. Except for one thing – the existence of the word “subordinate”. Of all the words relating to risk, “subordinate” is the one that is most likely to confuse members of the public. It means that those in possession of subordinate bonds go to the back of the queue, or close to it, if the issuer runs out of cash. The matter came to prominence last year when holders of Bank of Ireland subordinated bonds were offered just 20p in the pound, with worse to come if they didn’t accept. It was the holders of bank-issued subordinated debt who took the hit, or in banking speak, the haircut. One of the reasons the investing public tends to be in the dark about the nature of subordinated debt is that these bonds are one of the main sources of bank finance. Not wishing to cast any doubt on the trading banks for fear of generating any uncertainty about their viability, there is a tendency among commentators to steer clear of subordinated bonds. Also, regulators like to see banks issuing this subordinated debt on the grounds that bond holders will take an especially keen eye on what the bank is doing because they know that if there is a problem, they stand to be amongst the worst hit. Trading bank subordinated debt is thus viewed by regulators as creating more watchdogs. Subordinated debt is sometimes known as junior debt. This is in the context of there being senior debt, the debt much closer to the head of any payout queue. In the property world especially subordinated debt is often termed mezzanine or high risk debt. Holders of subordinated trading bank bonds almost always view them as gilt edged and indeed they are justified in doing so by the strong performance of the Australian-owned trading banks in the climate of current Northern hemispherecentered credit bust. The United States and European roll call of bank failures reminds us, however, that banks have capital structures that make them by their very nature especially prone to failure. Banks tend to have relatively little equity when compared to other mercantilist enterprises. They receive most of their capital funding from debt. Worse still, much of the debt is in the form of accounts which are payable on demand at par and are readily transferable by the account holder to third parties. A high percentage of bank assets are in the form of relatively illiquid commercial loans. It is a potentially dangerous mix of highly liquid liabilities and illiquid assets. Trading banks by definition must break the golden rule of money, the one 64 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 about the danger of borrowing short and lending long. Such liabilities make banks especially vulnerable to liquidity crises. It is not really fair to claim that members of the public or lay people in general are the only ones to have a rosy view of banks in regard to permanence. As recently as 2005 the Basel Accords were focused on ways of reducing the mandatory liquidity of banks in order to give them more cash in hand. Now the Basel Accords are dedicated to doing quite the opposite by insisting that banks build up their floats. Banks need to raise more money from the public, and offering subordinated debt is an ideal way to raise it Banks need to raise more money from the public, and offering subordinated debt is an ideal way to raise it from the people who know them best – their customers. Subordinated debt for trading banks is in many ways preferable to raising money wholesale on the global market. Also, it sure beats interbank borrowing, the vulnerability of which was one of the most shocking outcomes of the bust that started in 2007. And yet the lesson of the ensuing bailouts reveals that even in modern times, no institution, however embedded in the fabric of the society in which it operates, can ever be said to be utterly invulnerable to the unexpected. This is why chartered accountants need to explain precisely where holders of subordinated debt stand in any payout queue. Peter Isaac is a financial journalist and author. XERO CONNECTS YOU WITH YOUR CLIENTS LIKE NEVER BEFORE. COLLABORATE IN REAL TIME SIMPLIFY AND STREAMLINE Xero connects you with your clients. Xero embraces the power of the internet so you can access your clients’ financial data immediately. It has the day-to-day book keeping functions your clients need to run their business and gives you the tools to add value and help your clients meet their compliance needs. Xero can simplify your practice – it can integrate with your current software. With Xero there is only one version of software that can be accessed anywhere, anytime. 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Xero will create new ongoing revenue streams for your practice. For your free trial and to find out more about Xero and how to become a Xero Accounting Partner, call us on 0800 GET XERO or visit www.xero.com/nzca The world’s easiest accounting system CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 65 Image matters PEOPLE JUDGE OUR PROFESSIONALISM BY THE WAY WE LOOK Marlena Neilson has worked for Annah Stretton since May 2010, establishing herself as an important cog in the fashion wheel. Each season Annah Stretton creates a collection unlike the last – 100% New Zealand made garments with provocative undertones and a hint of luxury which are also very wearable. Sharyn Butters is a mobile hair and makeup artist with more than 20 years’ experience. She has worked extensively in the television industry and her artistic talent and wealth of experience means she provides world-class hair and makeup artistry for special occasions, weddings, balls and photography. sharynbutters.co.nz Weeg Chan is a stylist at Shape Hair Design in Wellington city. His international hairdressing career spans more than 20 years. Shape is one of New Zealand’s top salons, specialising in providing hairstyling and colour services to professional consumers. shape.co.nz STYLISTS’ TIPS A Tania Gullery CA, Senior accountant, Active Chartered Accountants, Lower Hutt Tania Gullery CA was nominated for a makeover by colleague Francine Pawson CA, who wants to see her friend in “new clothes and something other than sensible work shoes”. Tania agrees she’d like to look more stylish, fashionable and presentable, describing her look as “pretty conservative”. “I tend to wear a lot of the same style of clothes all the time. Due to my size (6-8) it’s hard to find clothes that fit well and look good. Knowing what clothes make me look taller – I’m five foot – would also be good.” Tania was also keen to get a more modern hairstyle, having worn her hair the same way for as long as she can remember. “One of my colleagues advised me that I still had the same hair cut as when we were at polytechnic together, so a few more than 10 years.” She has had the same makeup routine for about three years, involving foundation, eye shadow, mascara and lipstick. “I tend to use soft colours – I alternate between light blue and mauve eyeshadow, depending on what I’m wearing, and pink lipstick. I tend to stick to the tried and tested. I would like a change and advice on what suits my skin tone.” Tania loves her new look and says the outfit is “refreshing and modern”. She’s pleased with Marlena’s tips to help make her look taller. “I no longer have to be swamped by my clothes.” Tania before her Image Matters makeover. 66 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 CLOTHING: Marlena wanted to give Tania’s appearance a lift with colour, show off her shape and elongate her frame, and chose a dress that does all three. She used bright colours to create a fun, colourful yet corporate look. “Many women are looking for corporate dressing that also reflects their personality. Introducing a print in bright colours with some playful accessories is a great way to do this.” But prints come with a warning. “If they are too big or too bold they will ‘wear you’ instead of the other way around, making you appear shorter and seem to fade into the background. “When choosing prints, hold them in front of your face and look in the mirror. Does the print stand out or does your face dominate? If it’s your face that still dominates, then that print is fine for you.” She says Tania needs to wear fitted dresses, tailored jackets and tops that pinch in at the waist. “Tania has a very small frame and needs to watch her hem lengths or she could quickly become very frumpy.” She recommends Tania’s hemlines are either just above, on, or just below the knee. Marlena used accessories to bring the outfit together and highlight Tania’s best features with a silver Obi belt creating definition and shape. A long string of pearls attracts the light, draws attention to Tania’s smile and makes her look taller. MAKEUP: Sharyn created an everyday, soft, corporate look for Tania, appropriate for the workplace. She selected warm tones to complement the caramel highlights in Tania’s hair. Eyeshadows in shades of gold and bronze have been used, along with a warm-toned lipstick. Sharyn used a kohl eyeliner and mascara to emphasise Tania’s eyes. Her tips for Tania for the future are to always wear some concealer, mascara and either a little bit of lipstick, or a coloured lip gloss. Wella System Professional Volumize Shampoo RRP $34 Wella System Professional Volumize Leave-in Conditioner RRP RRP $34 Scope Kitty Jacket $260 HAIR: As Tania has very fine hair, Weeg gave her a chic layered bob and a long fringe that complements her face shape and is easy to maintain. To add warmth to her look, he lightened her hair colour to a rich medium brown with finely weaved highlights. Weeg recommends Tania use Wella System Professional Volumize Shampoo and Wella System Professional Volumize Leave-in Conditioner. The Wella System Professional Volumize range is designed specifically for fine hair as it strengthens hair and adds light longlasting volume whilst gently cleansing and nourishing. To maintain this chic look at home, Weeg recommends Tania blow-dry her hair with Wella Extra Volume Mousse as it gives fantastic body and movement, adding the perfect amount of “oomph” to hair. Wella Extra Volume Mousse RRP $27 Small and medium pearls $65 Obi belt $45 Ponytail 3 Dress $290 Do you know an Image Matters candidate? Please send a full-length photo and details to: [email protected] Public Sector Conference Adrian 11 NZICA erifiable CPD hours HEAR FROM 2012 PUBLIC SECTOR CONFERENCE 1–2 March, InterContinental Wellington Hon Bill English – Deputy Prime Minister and Minister of Finance Robert Russell – Commissioner of Inland Revenue Brian Roche CA – Chief Executive, New Zealand Post Group Lyn Provost FCA – Controller and Auditor-General Doug McKay – Chief Executive, Auckland Council As well as representatives from Christchurch City Council, The Treasury, Counties Manukau District Health Board and more TRANSFORMATIONAL CHANGE Discover the vision and future value of the Public Sector 68 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 REGISTER NOW nzica.com/publicsectorconference or call 0800 4 NZICA Register online using promo code JPS010212 and go into the draw to win an iPad INSTITUTE shelf life New library catalogue for new year NZICA has just upgraded its library catalogue system so members can now do more, and access more information. Melissa Clarkson, How does this affect the Informed Professional Library Team Leader Bulletin? What is being upgraded? This used to sit on NZICA’s website as a long list. The new system makes it easier for members to request items directly, rather than having to send an email to library staff requesting material. The library is moving from its current system, DB text works, to a system called Koha. Koha is an open-source library software system, free to all libraries around the world and growing in popularity. How will Koha make it quicker for members to access information in the future? Why did you need to change systems? The back end of the old system was very manual and time consuming. Koha is automated which means not only can we now serve members faster, but they can access more information independently. We now have a number of functions that members expect of a library catalogue system nowadays – we’ve moved with the times. What can members do now that they couldn’t There are more searches and functions that members can now carry out independently. Also, they will be able to help themselves by seeing the items they have already read. For example, if there’s an article a member wants to view again, and they know they read it about six months ago, they can go through their records to find out more about this rather than needing to ask a staff member to help. Also, because systems and processes are automated, instead of it taking five minutes (literally!) to issue a book, it now takes 30 seconds. do before? There are a number of new functions. • The search function is more refined so results will be based on relevance. • Members can check the availability of an item, see what items they currently have out on loan, and reserve or renew items online. • Members can see what items they have checked out in the past. • They can view the covers of certain books. • Members can create reading lists for themselves – items they are interested in that they can request one at a time in the future. • Members can comment on an item and give it a star rating, similar to what you can do on websites like Amazon. This will help other members make informed reading choices based on recommendations. Will there be more developments as time goes by? Absolutely – Koha is always evolving so if there is a development prompted by another library, for example an iPhone or Android app, all libraries that use Koha will eventually get access to that new technology for their members. Library staff will be happy about that – what kinds Library webinar What is it? A free webinar to give NZICA members who haven’t yet attended a webinar a chance to sample this technology. The webinar will also provide information about the online library catalogue upgrade and give users some new search skills. When? 15 February, 10-11am Who is it for? All NZICA members. Members can log in to the webinar from anywhere in NZ or overseas. How do I register? At events.nzica.com of projects does this mean they will be able to spend time on in the future? While staff will still be available for any queries, they are looking forward to spending some time working on services that will add more value for members, such as more training for members on how to find information. How do members access the new system? The same way as before, by going to nzica.com/library. They do need to log in, so they can be identified as a user and receive their personalised profile which includes information like their current loan items. How can members find out more about how to use Koha? There’s a free webinar on 15 February to teach members about the new library catalogue system. What do members do if they encounter difficulties? Simply contact library staff who can then help sort things out. We’re excited about these changes and are looking forward to hearing feedback from members. CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 69 INSTITUTE shelf life What’s new in the library Business Information Librarian Kamala Bain takes a look at what’s new on the library shelves. Here is a selection of new items available from the library. To request, please contact Library and Information Services, email [email protected] or phone 04 474 7882, citing the item’s identification number. 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Accountants (NZICA), 2011 ID No: 34634 Argues that everyone has the ability to speak Leadership The anywhere leader: confidently in public by harnessing their natural conversation skills. Provides a short but comprehensive guide to many aspects of Fraud examination, by succeed in any public speaking, including: how to structure W Steve Albrecht, et al., business your material; using visual aids; incorporating South-Western environment, by Mike analogies, examples, demonstrations and stories Cengage Learning, Thompson, Jossey- into your talk; controlling your nerves; using 2012 Bass, 2011 your voice and body language effectively; and Discusses a variety of topics Explains the author's concept bridging the gap between your knowledge and 70 how to lead and Fraud and Forensic Accounting on detecting, investigating of an “Anywhere Leader”, or a person who is able that of the audience. and preventing fraud. Covers both traditional fraud to lead through uncertainty and disruption in any ID No: 34735 detection methods and the use of technology to environment. Outlines the qualities required to be proactively detect fraud. Describes the various an ”Anywhere Leader” and how these qualities can elements in a fraud investigation, and outlines be developed. different types of fraud such as management or ID No: 34635 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 Financial Statements FEATURED BOOK HBR's 10 must reads statements and cashflow statements. Includes Financial statement analysis: a case studies of fraudulent reporting and practitioner's guide, by Martin describes the ways in which earnings can be Fridson and Fernando Alvarez, John exaggerated or fabricated. Provides tips for Wiley & Sons, 2011 maximising the accuracy of forecasts and Outlines the analytical framework needed a structured approach to credit and equity to scrutinise financial statements. Discusses evaluation. the interpretation of balance sheets, income ID No: 34579 What you need to Management Accounting on leadership, by Practical lean know about project Daniel Goleman, Peter accounting: a proven management, by F Drucker, John P system for Fergus O'Connell, Kotter, et al. Harvard measuring and Capstone, 2011 Business Review, managing the lean Provides a short introduction 2011 enterprise, by Brain to the principles and Contains 10 selected articles Maskell, et al., CRC practices of project on leadership from the Harvard Business Review. Press, 2012 management. Covers goal setting, estimating, Includes writings on emotional intelligence, the Describes how to transform a traditional resource supply and demand, managing risk and difference between management and leadership, accounting system into one that supports a lean expectations, and tracking and status reporting. change management, dealing with adversity and enterprise. Includes worked examples and case Includes chapters on managing multiple projects discovering your authentic leadership. studies. and maintaining a work/life balance. ID No: 34653 ID No: 34460 ID No: 34645 TouchPoints: Project Management Strategy creating powerful Project management Good strategy bad leadership metrics, KPIs, and strategy: the connections in the dashboards: a guide difference and why it smallest of to measuring and matters, by Richard P moments, by Douglas monitoring project Rumelt, Crown Conant and Mette performance, by Business, 2011 Harold Kerzner, John Discusses the author's Norgaard, Jossey-Bass, 2011 Suggests that leaders should view interruptions Wiley & Sons, 2011 to their working day such as meetings, emails Asserts that a lack of meaningful metrics is the and bad company strategy. Argues that "good and hallway conversations as opportunities to single most important reason why many projects strategy" is a specific and coherent response to build their influence and deliver better results. fail. Describes metrics and key performance obstacles, while "bad strategy" often consists of Describes how to get the most benefit out of indicators (KPIs), and explains the difference buzzwords, motivational slogans and financial these interactions through inquiry, reflection and between the two. Discusses value-driven metrics goals. Explores nine sources of power which the practice. Draws on examples from the author's and performance indicators, and how to identify author believes are fundamental to good strategy, tenure as CEO of Campbell Soup Company. and measure them. Describes how to use and suggests a number of techniques for changing ID No: 34644 dashboards effectively to present metrics and your thinking style that can result in better KPIs to project stakeholders, including design tips strategy. Includes case studies from business, non- and real-life examples. profit and military organisations. ID No: 34565 ID No: 34693 distinction between good A more comprehensive list of new items can be found in The Informed Professional – Latest Articles and Publications, which is published monthly to the Library section of the Institute’s website – nzica.com/library CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 71 INSTITUTE shelf life Gems in the Library During a tidy up of the Library collection over the Christmas break, the library team came across some gems in the collection that may be of interest to you. To request any of these items or a specific subject search, contact Library and Information Services. Email: [email protected], or phone 04-474 7882, citing the item’s identification number or your topic of interest. Accounting Firms The e-myth The innovation accountant: why most secrets of Steve accounting practices Jobs: insanely risk management for foreign exchange and interest rates, plus checklists for CFO priorities, performance measurement and due diligence. don't work and what different principles to do about it, by ID No: 34234 for breakthrough Michael E Gerber and success, by Carmine M Darren Root, John Gallo, McGraw-Hill, Wiley & Sons, Inc. 2011 Beyond performance: 2011 how great Provides advice for accountants in small and medium-sized practices on how to grow and improve your practice. Focuses on subjects such as how to shift from tactical thinking to strategic thinking, becoming a successful accountant-manager entrepreneur, and implementing innovative systems. ID No: 33879 Fraud and Forensic Accounting Innovation Presents seven principles of innovation based on Steve Jobs’ (Apple CEO’s) approach to business. Aims to help readers learn how to match and beat powerful competitors, develop or reinvent products, and attract loyal customers. Based on interviews with successful CEOs, managers, entrepreneurs, consultants and others, in order to discover the core of Jobs’ innovative philosophies. 72 advantage, by Scott Keller and Colin Price, John Wiley & Sons, Inc. 2011 Bragg, John Wiley & ID No: 34368 Leadership The new CFO Recounts the story of Harry Markopolos, the independent financial fraud investigator who blew the whistle on Bernard Madoff's $65 billion Ponzi scheme. financial leadership CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 ultimate competitive manual, by Steven M ID No: 33914 Wiley & Sons, Inc. 2010 ID No: 34058 organizations build Describes the authors' five-step approach to achieving and sustaining organisational excellence. Discusses how to maintain a balanced focus on both short-term and long-term results. Considers the role of senior leaders in organisational transformation and how to transform an organisation which is already performing well. Written by two directors of McKinsey & Company. No one would listen: a true financial thriller, by Harry Markopolos, John Organisational Effectiveness Sons, Inc. 2011 Discusses best practice for Chief Financial Officers (CFOs) to improve efficiency, mitigate risks and maintain their organisations’ competitive edge. Considers a variety of topics including the first days on the job, divisional consolidations and splits, corporate restructuring, and strategic decision-making on financial, tax, and information technology issues. Includes new chapters on investor relations and Leadership without excuses: how to create accountability and high performance (instead of just talking about it) by Jeff Grimshaw and Gregg Baron, McGraw-Hill, 2010 Divides employees into three groups – Saints, who are always accountable, Sinners, who are never accountable, and Saveables who sometimes make good choices, sometimes not. Advocates how good leaders put an end to Save-ables’ excuses, and through good communication and clear consequences, convert them into Saints. a negative impact and how to improve your personal relationships. ID No: 33880 ID No: 33696 arm readers with a greater understanding of what works, and what doesn’t, when developing strategy. ID No: 34136 The Toyota way to Strategy continuous Innovative corporate performance improvement: linking management: five key principles to Family trusts 101, by strategy with accelerate results, by Bob Paladino, Janet Xuccoa, operational John Wiley & Sons, Inc. 2011 Cheshire Publishing excellence to achieve Analyses the corporate performance management (CPM) practices of a diverse range of award-winning companies. Discusses five key principles that underpin successful CPM. Ltd, 2010 superior performance, by Jeffrey K Liker and James K Franz, McGraw-Hill, 2011 Uses the Toyota company as a backdrop for discussing continuous improvement and process improvement. Discusses what continuous improvement is and introduces concepts such as "lean" processes and the plan-do-check-adjust (PDCA) approach to problem solving. Discusses the type of culture required to achieve continuous improvement and presents a series of detailed case studies of continuous improvement involving real-life companies. ID No: 34238 Psychology 59 seconds: think a little change a lot, by Richard Wiseman, Alfred A Knopf, 2009 Presents scientific advice and research on how to improve your life by being more effective, decisive, engaged and creative. Includes advice on how to give the perfect interview, how to detect when someone is lying to you, why positive thinking can have Trusts The lords of strategy: Provides a guide to forming, maintaining and shutting down a trust. Discusses the transferral of assets into a trust, the responsibilities and rights of trustees, financial statements and tax returns. the secret ID No: 33567 ID No: 33941 intellectual history of the new corporate For these articles, books and other world, by Walter new items in the library this month Kiechel III, Harvard subscribe to the Informed Professional Business Press, 2010 Bulletin by email: [email protected] Tells the story of four men – Bruce Henderson, Bill Bain, Fred Gluck and Michael Porter – who “turbocharged” business in the 60s by inventing the concept of corporate strategy as we still know it today. Reveals how the world’s most influential consulting firms came into being, and provides insight into how companies have responded to the stresses of the current economy. Aims to CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 73 INSTITUTE news Notice of decisions of the Disciplinary Tribunal (MEMBER SUSPENDED) At a hearing of the Disciplinary Tribunal of the New Zealand Institute of Chartered Accountants held in private on 15 December 2011 the Disciplinary Tribunal considered an ex-parte application from the Professional Conduct Committee under Rule 21.11 of the Rules of the New Zealand Institute of Chartered Accountants for the interim suspension from membership of the Institute of Robert Philip Bell a Chartered Accountant of Putaruru. Reasons The member’s practice companies as well as their two predecessor practice companies having been liquidated by reason of non-payment of GST, the Tribunal is satisfied that it is in the public interest that he be suspended pending further investigation. Orders of the Disciplinary Tribunal: (a) Pursuant to Rule 21.20 (a) of the Rules of the New Zealand Institute of Chartered Accountants, the Disciplinary Tribunal ordered that Robert Philip Bell be suspended from membership of the Institute until further order of the Disciplinary Tribunal upon the grounds that it is satisfied that it is necessary and desirable to do so having regard to the interests of the public and the financial interests of any person. (b) Pursuant to Rule 21.20 (b) of the Rules of the New Zealand Institute of Chartered Accountants, the Disciplinary Tribunal ordered that after 14 days have elapsed notice of the suspension be published in the South Waikato News, the Chartered Accountants Journal 74 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 and on the Institute’s website with mention of the member’s name and locality. R J O Hoare Chairman Disciplinary Tribunal New Zealand Institute of Chartered Accountants 15 December 2011 (Member guilty of breaching the Institute’s Rules and Code of Ethics) At a hearing of the Disciplinary Tribunal of the New Zealand Institute of Chartered Accountants held in public on 15 December 2011, Ian David Paul Hamilton a Suspended Chartered Accountant of Ashburton pleaded guilty to charges under the New Zealand Institute of Chartered Accountants Act 1996 and the Rules made thereunder relating to breaching the Institute’s Rules and Code of Ethics. The Disciplinary Tribunal ordered that the member’s name be removed from the Institute’s register of members, that he refund $4,746.98 to the complainant and that he pay to the Institute the sum of $12,000 in respect of costs and expenses. No decision other than the direction as to publicity shall take effect while the member remains entitled to appeal or while any such appeal by the member awaits determination by the Appeals Council. The Disciplinary Tribunal’s full decision can be found on the Institute’s website at nzica.com/dt. R J O Hoare Chairman Disciplinary Tribunal New Zealand Institute of Chartered Accountants 15 December 2011 (MEMBER SUSPENDED) At a hearing of the Disciplinary Tribunal of the New Zealand Institute of Chartered Accountants held in private on 15 December 2011 the Disciplinary Tribunal considered an ex-parte application from the Professional Conduct Committee under Rule 21.11 of the Rules of the New Zealand Institute of Chartered Accountants for the interim suspension from membership of the Institute of Shaan Winiata Stevens a Chartered Accountant of Wellington. Reasons The member has admitted criminal offending, been convicted of a large number of serious offences and has been sentenced to 10 months home detention. He is continuing to describe himself as a Chartered Accountant on his website. It is in the interests of the public and his clients that he be suspended from membership of the Institute. Orders of the Disciplinary Tribunal: (a)Pursuant to Rule 21.20 (a) of the Rules of the New Zealand Institute of Chartered Accountants, the Disciplinary Tribunal ordered that Shaan Winiata Stevens be suspended from membership of the Institute until further order of the Disciplinary Tribunal upon the grounds that it is satisfied that it is necessary and desirable to do so having regard to the interests of the public and the financial interests of any person in particular his clients. (b) Pursuant to Rule 21.20 (b) of the Rules of the New Zealand Institute of Chartered Accountants, the Disciplinary Tribunal ordered that after 14 days have elapsed notice of the suspension be published in the Dominion Post, the Chartered Accountants Journal and on the Institute’s website with mention of the member’s name and locality. R J O Hoare Chairman Disciplinary Tribunal New Zealand Institute of Chartered Accountants 15 December 2011 MEMBER SUSPENDED At a hearing of the Disciplinary Tribunal of the New Zealand Institute of Chartered Accountants held in private on 15 December 2011 the Disciplinary Tribunal considered an ex-parte application from the Professional Conduct Committee under Rule 21.11 of the Rules of the New Zealand Institute of Chartered Accountants for the interim suspension from membership of the (a)Pursuant to Rule 21.20 (a) of the Rules of the New Zealand Institute of Chartered Accountants, the Disciplinary Tribunal ordered that Vincent Chi Yin Tam be suspended from membership of the Institute until further order of the Disciplinary Tribunal upon the grounds that it is satisfied that it is necessary and desirable to do so having regard to the interests of the public and the financial interests of any person. (b)Pursuant to Rule 21.20 (b) of the Rules of the New Zealand Institute of Chartered Accountants, the Disciplinary Tribunal ordered that after 14 days have elapsed notice of the suspension be published in the New Zealand Herald, the Chartered Accountants Journal and on the Institute’s website with mention of the member’s name and locality. R J O Hoare Chairman Disciplinary Tribunal New Zealand Institute of Chartered Accountants 15 December 2011 are regarded by overseas donors as inappropriate use of project funds. The cost of reciprocal gifts offered in these ceremonies may vary between $1,000 and $10,000. This is due to factors which may include the manner in which these ceremonies are conducted, the population size, social capital of the village and also the social status of this particular village, and its chiefs, in Samoan society. Usually, these gifts are paid for out of funds allocated to the project in question. Such gift giving may raise the issue of accountability for many NGOs operating in Samoa. Moreover, it often happens that donors reject such expenditures. The rationale is that donors have provided the organisation with funds that are intended specifically for projectrelated costs, and that none of it should have been consumed in any gifting. This poses a major challenge for NGOs in Samoa. The result is some indecision as to whether NGOs in Samoa should or should not disclose expenditures on such ceremonies and traditional gifts. Because of the question of legitimacy, such funds consumed in these ceremonies may not be disclosed. External overseas stakeholders often see such gifts as acts of corruption. Auditors from New Zealand are frequent visitors to Samoa. From these illustrations it may be seen that New Zealand auditors may have problems assessing the effectiveness of ceremonial expenditure. When is it a necessity and how much is sufficient? How much could be considered simply an extravagant indulgence by the officials of the NGO? Again with regard to accountability, to what extent can oral accounting substitute record-keeping? These can be difficult questions for New Zealand auditors to adjudicate. Institute of Vincent Chi Yin Tam a Chartered Accountant of Auckland. Reasons The concerns raised are significant and are raised after an investigation by an experienced investigator who offered the member the opportunity to provide an explanation, which he was unable or unwilling to do. Filing returns with Inland Revenue at variance to the returns provided to the client is extremely significant. Further, substantial sums of money remain unaccounted for. Having regard to the nature of the allegations, the Tribunal is satisfied it is desirable in both the interests of the public and his clients that he be suspended. Orders of the Disciplinary Tribunal: Continued from p41 consumed in acquiring the uniform, including any travel costs. In this way, a form of culturally acceptable transparency and accountability takes place instead of detailed documentation. Another example relates to spending on traditional ceremonies or gifts. Ava ceremonies are necessary in Samoa before projects are executed in villages. As some of the donations that NGOs in Samoa supervise involve projects for villages such as building a school or a church hall, an ava feiloaiga ceremony is often required. This ceremony is necessary because in Samoan culture, no group or party enters or just walks into a village and conducts work without consulting the village chiefs or the village members first. The issue here is not the ava ceremony in itself, but the cost of reciprocating an equivalent monetary gift. And often, expenditures related to reciprocating an ava ceremony CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 75 Privilege Partner News Find a new home inside your phone Westpac, in conjunction with Realestate.co.nz, have released Realestate for both iphone and android phones - it’s the house hunting way of the future, giving you everything you need at your fingertips when buying a house. If you have an iphone or android phone you can view properties for sale in your desired area, see which are having open homes when you’re out and about, rank in real time features of the properties you view, and add notes or additional photos to the listing. There is also an automated repayment calculator and map tags of your closest Westpac branch, Mobile Mortgage Manager or ATM, so you can get in touch with us as soon as possible to help with home buying advice. For more info on this great new application, check out the app store, or follow the links from Westpac.co.nz or Realestate.co.nz. For more information on what Westpac can offer you or your firm, visit www.nzica.com/privileges/westpac or call the dedicated team on 0800 694 229 (0800 NZICA W). New year, new logo for Accuro Accuro has kicked started the new year with a fresh new design for 2012. Accuro is latin for ‘Taking Care’, a term captured within the new logo. Accuro prides itself on taking care of its members by offering low premiums, comprehensive cover and personal service which are now emphasised through this new look. As an NZICA member Accuro will take care of you further by offering a 10% discount on its standard premiums for SmartCare. Whatever stage of life you’re at Accuro has a plan to suit your unique circumstances. Protecting your family has never been easier. After all, Accuro has been taking care of New Zealanders for over 40 years. To find out more about Accuro Health Insurance plans and premiums, and to get an instant quote, visit nzica.com/privileges/accuro or call 0800 222 876 Bundles of happy clients Bundling client fees is becoming increasingly popular among accountants according to Hamish Edwards, co-founder of Xero. In his latest blog Hamish says agreeing a fixed fee base gives clients total certainty as to what they’re paying for. “Every accountant I have ever spoken to who has done this says their clients love it” comments Hamish. So how do you do it? 1. Create your bundles (tailored selections of services), along with your terms of agreement and a proposal document. 2. When you complete end-of-year reports, decide which bundle would best suit each client and create a recommendation proposal. 3. At your year-end meeting with your client, present the bundle and explain why this is the best option for them. Discuss how this new service works – and take the opportunity to present your other service offerings and alternative bundle options. You can read more of Hamish’s blogs at blog/xero.com. Xero offers NZICA Members an exclusive 20% discount on Partner Certification and Re-certification Classroom courses. Visit nzica.com/privileges/xero to find out more. Hot Deals KEA SPECIAL for nzica members book your Kea campervan or motorhome! KEA is offering 15% off our online rates to nzica members for hires in New Zealand and Australia. for more information visit nzica.com/privileges/hotdeals and for reservations contact 0800 520 052 and quote your NZICA membership number. Discount is valid for travel before 30 June 2012. SubJECt to AvAILAbILIty, tErmS & CoNDItIoNS APPLy 450 Get your own NZICA Glengarry Card today! Receive many great benefits and discounts including: WINE BEER SPIRITS Exclusive weekly offers Tastings Monthly Draws Function Planning & Advice Great specials Monthly Wineletter Quality Wines Dedicated Account Managers SECURE ONLINE SHOPPING AND EASY DELIVERY www.glengarry.co.nz/nzica.jsp 0800 733 505 Check out the latest Member Privileges at nzica.com/privileges CLASSIFIEDS Prominent mid tier firm offers exciting career opportunity in Business Advisory Services, for a senior Manager with CA partnership aspirations. Successful candidates will have current Manager level experience in Big 4 or mid tier CA firm in NZ, and demonstrate skills in team leadership and in working directly with clients. Independent Share Valuations Affordable fixed price share valuations for private companies ~ business transfers, restructuring, succession and relationship transactions. Chartered Accountant’s opinion Agreed fee ~ on time. Expert witness and peer review also available. 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Webinar Chartered Accountancy PARTNERSHIP OPPORTUNITY AUCKLAND CITY BUSINESS ADVISORY SERVICES We specialise in the smooth transition of placing Accountants and support staff and their continued career development. If you have a vacancy to fill or you are just looking for that next stage in your career then we can help you. For roles in CA firms (BAS, Audit, Tax, CF): Kathy Glass, 09 528 9865 e-mail [email protected] www.kgrecruitment.co.nz KG Recruitment Ltd KG RECRUITMENT PROGRESSIVE ACCOUNTANTS IT BUSINESSES WANTED Your client may be software developers or network engineers who want • To exit their business • A reliable larger partner for projects • An experienced “help to market” development partner. Mercury IT Ltd is a Wellington based company with a strategic portfolio of work in Network management, Software development and Hosting services. 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Confidential replies to B609, NZICA, P O Box 11-342, Wellington. • • • • • • • OngoinginputbyNZauditfirms IncorporatesISA(NZ)standards Onlinecollaborationorofflinemode Usercustomisable Scalesfordifferentsizedjobs FRSchecklists IncludesReviewEngagementworkpapers • Costeffectiveforallfirms • Subscriptionincludesonlinesupport Visitourwebsiteforafreeevaluation VIV BROWNRIGG www.auditassistant.com AUDIT ASSIST be seen here The Chartered Accountants Journal reaches around 25,000 business professionals in NZ and 4,000 worldwide To book classified advertising space please contact Rosie Payne [email protected] 09-917 5931 BUSINESS APPRAISALS Accounting Practice Wanted East or South Auckland Looking to retire or sell your practice now or in the near future? Do you want peace of mind that your clients and staff are looked after by a competent, caring professional? I am a CA with 16 years experience in reputable firms looking to acquire my own practice. Wide experience in compliance and consulting over a range of industries and client sizes. Experienced in running a small practice, plus senior management in larger firm. If interested, please contact [email protected]. Confidentiality assured. STEVE YOUNG CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 79 NEWS opinion IFRSing in the USA Slow but steady progress is being made on the adoption of IFRS in the US. T by MARK HUCKLESBY FCA he Securities and Exchange Commission (SEC) in the United States is probably the world’s most powerful and influential regulator. So it is surprising that, after almost two years, it has still not made a final determination on whether, when, and how to incorporate International Financial Reporting Standards (IFRS) into the US financial reporting system. The accounting profession across the world had thought that perhaps the SEC would make an announcement at the 2011 AICPA National Conference on Current SEC and (Public Company Assurance Oversight Board) PCAOB Developments (Conference), held in Washington, DC. In its 2010 Commission Statement in Support of Convergence and Global Accounting Standards, the SEC directed its staff to develop and execute a work plan to enhance the public’s understanding of the Commission’s purpose and its transparency in evaluating IFRS. Execution of the work plan, along with completion of the convergence projects between the FASB and the IASB, was supposed to position the Commission to make a determination in 2011 on whether to incorporate IFRS into the financial reporting system for US issuers. We are now in 2012, and the SEC is still finalising its analysis as outlined in the work plan. The SEC commissioners have not yet been presented a final report, and most frustratingly, the SEC has not even begun to publicly debate the issue. Anecdotal evidence indicates it has made significant progress in its analysis under the work plan, especially with the release of a number of SEC staff papers in the past year. The first, in May 2011, outlined the “condorsement” approach, and two others, both released in November 2011, that compared the differences between US GAAP and IFRS. They also analysed the use of IFRS in practice around the world. But many items still remain open, chief among them being a review of the governance structure of the International Accounting Standards Board (IASB). The delay appears to stem from SEC staff waiting for the Trustees and the Monitoring Board of the IASB to complete their independent reviews of the IASB’s governance and strategy before finalising its work in this area. Even so, based on the vast amount of information the SEC staff has gathered and analysed through its work on other areas of the Work Plan, many believe that the Commission now has sufficient information at this point to draw a conclusion regarding the adoption of IFRS in the US. However, SEC Chief Accountant James Kroeke indicated at the Conference that “the staff will need a measure of a few additional 80 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 months time to produce a final report”. “At the same time,” he added, “the staff is in the process of developing an approach for Commission consideration.” The SEC has stated all along that it plans to take the time necessary to ensure that appropriate consideration is given to each of the issues outlined in the Work Plan. It continues to proceed with caution in its analysis of incorporating IFRS in the US, perhaps to ensure the continued protection of the investing public and capital markets. As a result, there’s still no final decision on incorporating IFRS, although many constituents have publicly expressed strong support for the development of a single set of high-quality accounting standards. The patience of the IASB and its constituents now appears to be growing thin. There also appears to be waning interest in continuing convergence efforts between the IASB and the Financial Accounting Standards Board (FASB) beyond completion of the priority projects on revenue recognition, leases, financial instruments, and insurance. Perhaps this is because the IASB and the FASB have been working at converging their standards for almost 10 years now. Although future convergence projects between the FASB and the IASB may be in question, some believe that completion of converged accounting standards for the priority projects is sufficient evidence for the SEC to move forward on the IFRS question. However, on a positive note, Kroeker said he was encouraged at the potential prospects of IFRS incorporation “particularly as I consider and reflect on the input received on the May staff paper exploring a potential incorporation approach”. Responses to that staff paper generally support the SEC’s commitment to a single set of global accounting standards and the basic premise for incorporation of IFRS into the US financial reporting system through the “condorsement” approach, which attempts to marry the best of the endorsement and convergence approaches. Now is the time for the SEC to make a decision and to stop such indecisiveness. Mark Hucklesby FCA is National Technical Director, Grant Thornton New Zealand. Mark Hucklesby FCA is National Technical Director, Grant Thornton New Zealand. Serving shareholders New Zealand Institute of Chartered Accountants Chief Executive Terry McLaughlin FCA identifies top of mind issues for directors in 2012. H by TERRY MCLAUGHLIN FCA aving canvassed the views of a number of NZICA members who are also senior directors, it is clear that directors need to have their minds on the economy in 2012. Directors must form a view about the likely progress of the New Zealand economy over the next 12 months, and when a recovery might kick in. This means keeping abreast of developments not just in the local economy but in the world economy, and assessing the potential for fallout from Europe and/or a slow recovery in the US. A director’s first concern must always be the strength of the balance sheet. If the world economy grows weaker, debt may become very expensive, exchange rates may fluctuate dramatically and the capital markets may slow for months. In such circumstances, directors need to be confident that their companies have a good relationship with their bankers, for example, and that their financial position is sustainable. NZICA members revealed a number of other issues that they expect to confront in their roles as directors this year, including staffing concerns, the difficulty of putting into place growth strategies and dealing with a changing political and social environment. Protect your people Directors must have regard to elements of risk within the company, but one risk that is often overlooked in difficult economic circumstances is the potential loss of key staff. There is an assumption that staff will stay put in tough times, but this is not necessarily the case. A prudent business will look to bolster its resources – which may mean a prudent competitor will approach your good people. You need to be comfortable that your people are stable. When thinking about your people, include your customers. If your customers get into financial difficulty then they won’t be able to pay you – so it is vital to make sure your business is alert to the quality of the customer base. Review growth opportunities Most organisations are already operating prudent, conservative strategies. At some point, the prediction of slow growth becomes a selffulfilling prophecy. However, serving your shareholders means growing production and making investments – things you do when you are optimistic but which can be incredibly hard in difficult times. For CAs who are directors, this presents the challenge of thinking outside of our compliance and regulatory training. Like other directors, we must develop an understanding of the business and the industry the company is in. What CA training ensures is process discipline. We have IFRS knowledge and good governance skills and when this is combined with business acumen it is invaluable to a Board. Developments in compliance To say directors must focus on the business environment is not to suggest compliance and regulatory issues will no longer arise. Regulators are reacting to a changed world financial environment. Keep abreast of regulatory change, particularly if you operate in the international market. At home, for example, the Financial Markets Authority has started looking closely at alternative profit measures, particularly normalised earnings. They are expected to release guidelines on what should, or should not, be acceptable in terms of reporting profit in the financial statements. A director with chartered accountancy skills can blend an understanding of the issues this raises with knowledge of the business and play a valuable part in that discussion. Wider considerations Lastly, the times are changing. The global financial crisis undermined faith in the economic system and it is in that context that the Occupy Wall Street movement managed to gain traction at a global level. There is a growing problem for governments in securing an income for a large disenfranchised group. This will potentially lead to a sustained challenge to the current economic model around the world. There is a sense in which we may be at a crossroads, as we were in the 1980s when free market philosophies changed the game. Directors should take an interest in such issues and ensure their organisations are positioned to thrive in a changing social and political environment, as well as in a challenging economic environment. Terry McLaughlin FCA is CEO of NZICA. CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012 81 82 CHARTERED ACCOUNTANTS JOURNAL FEBRUARY 2012