In this issue On the Cover
Transcription
In this issue On the Cover
November/December 2012 On the Cover In this issue Unification moves forward as ICABC and CMABC sign agreement to pursue a merger Business Outlook Survey recap Managing infrastructure challenges Business restructurings – a question of risk New: MII Online Resource Centre “I saved just for being a member of my professional association” – Bob Raposo Satisfied client since 2005 As a CA, you may qualify for a discount on your TD Insurance Meloche Monnex home insurance premiums.1 Thanks to the phenomenal success of the CA Insurance Plans West sponsored insurance program, a total of $500,000 will be shared among some of the members of your group for the second year in a row. That can translate into a 5% to 10% additional discount2 on your already competitive group rates when you purchase a new policy or renew an existing one. This is a direct result of the exceptionally high participation rate and enviable claims records of CA Insurance Plans West members. We believe in making insurance easy to understand so you can choose your coverage with confidence. Get an online quote at melochemonnex.com/caipw or call 1-866-269-1371 Monday to Friday, 8 a.m. to 8 p.m. Saturday, 9 a.m. to 4 p.m. Insurance program endorsed by The TD Insurance Meloche Monnex home and auto insurance program is underwritten by SECURITY NATIONAL INSURANCE COMPANY. The program is distributed by Meloche Monnex Insurance and Financial Services Inc. in Quebec and by Meloche Monnex Financial Services Inc. in the rest of Canada. 1 Certain conditions and restrictions may apply. Due to provincial legislation, our auto insurance program is not offered in British Columbia, Manitoba or Saskatchewan. 2 The discount for CAIPW members varies based on the province and applies to the purchase or renewal of home insurance policies throughout Canada and auto or recreational vehicle insurance policies in Alberta and Quebec only. *No purchase required. Contest organized jointly with Primmum Insurance Company and open to members, employees and other eligible persons belonging to employer, professional and alumni groups which have an agreement with and are entitled to group rates from the organizers. Contest ends on January 31, 2013. 1 prize to be won. The winner may choose the prize between a Lexus RX 450h with all basic standard features including freight and pre-delivery inspection for a total value of $60,000 or $60,000 in Canadian funds. The winner will be responsible to pay for the sale taxes applicable to the vehicle. Skill-testing question required. Odds of winning depend on number of entries received. Complete contest rules available at www.melochemonnex.com/contest. ®/ The TD logo and other trade-marks are the property of The Toronto-Dominion Bank or a wholly-owned subsidiary, in Canada and/or other countries. 05-MM8963-12_MMI.EN•caipw (8.5x11).indd 1 12-10-17 9:53 AM 3 AM contents On the Cover 4Notes from the President New developments 5 6 Unification moves forward Research Corner Reconciling theory, case law, and practice in corporate takeovers 20 Tax Traps & Tips Business restructurings – a question of risk 24 PD News Fall PD highlights 9 Business Outlook Survey recap 14 PSA Series – Part 3 of 5 The infrastructure challenges faced by today’s municipalities 16 Bring Your Own Device to Work Key considerations for employers and employees 18 Ending Relationships PPC on coping with the end of a relationship 26 Plugged In News for and about members & students ember announcements M P RL notice M ember Profile: Shan Thomas,CA I CABC golf tournament recap 34 For the Profession New Online Resource Centre for members in industry launches Want to get the word out? Advertise in Beyond Numbers! Here’s why: 90% of BC CAs surveyed read Beyond Numbers Beyond Numbers goes out to more than 9,000 members, more than 1,800 students, and over 200 external stakeholders—including other institutes, associations, and professional organizations Beyond Numbers has won awards for both content and design, including Blue Wave Awards of Merit from the International Association of Business Communications – BC Branch To place an ad in Beyond Numbers, contact our representatives at: Advertising in Print 200 - 896 Cambie Street Vancouver, BC V6B 2P6 Tel: 604-681-1811 Fax: 604-681-0456 Email: [email protected] November/December 2012, No. 507 Published eight times annually by the Institute of Chartered Accountants of British Columbia. Editor Michelle McRae [email protected] New developments Design Blindfolio Design 604-761-9212 Advertising Advertising In Print Phone: 604-681-1811 Fax: 604-681-0456 Director of External Affairs Kerri Brkich Wilcox Institute Council Gordon Holloway, FCA President Karen Christiansen, CA 1st Vice-President Dan Little, FCA 2nd Vice-President Michael Macdonell, CA Treasurer Rosemary Anderson, CA Olin Anton, CA Barbara Brink Don Coulter, CA John Gingell, CA Andrew (Sandy) Hilton, CA David Hughes Roland Krueger John Mackenzie, CA Gary Miller, CA Sheila Nelson, CA Ben Sander, FCA J. Bradley Stafford, CA Eric Watt, CA Chief Executive Officer Richard Rees, FCA Beyond Numbers is printed in British Columbia and mailed eight times annually to more than 9,000 chartered accountants and more than 1,800 CA students in public practice, industry, education, and government service throughout BC, Canada, and other countries. Beyond Numbers’ editorial and business offices are located at: Suite 500, One Bentall Centre, 505 Burrard St., Box 22 Vancouver, BC V7X 1M4 Phone: 604-681-3264 Toll-free in BC: 1-800-663-2677 Fax: 604-681-1523 Internet: www.ica.bc.ca Opinions expressed are not necessarily endorsed by the Institute. Beyond Numbers supports the CA profession in BC by sharing news from the Institute and news about members, by sharing viewpoints on issues of specific interest to members, and by promoting member involvement in Institute activities. Publications Mail Agreement No: 40062742 4 ica.bc.ca Nov/Dec 2012 Notes from the President By the time of this writing, Richard Rees, FCA, your CEO, and I had completed 10 stops around the province on the fall schedule of the Executive Tour. It has been my pleasure to meet with hundreds of members along the way, and I want to formally thank you for your valuable input, which we will be sharing with your Council. And, of course, I also thank you for your local hospitality. As Richard notes in his unification update on page 6, the big news for the CA profession is that the ICABC Council and the CMABC Board have signed an agreement to pursue a merger. Those of you who participated in the recent CA Fall Recruit will recognize our cover image, which is part of a national CPA One recruiting campaign. While we recognize that a lot of work lies ahead, we’re pleased to be moving on to the next phase of the unification process. Richard details our next steps in his article. While the unification initiative is, unquestionably, the hottest topic on the tour and on the professional agenda, there are other issues on the minds of members: the quality of audits in Canada being called into question; the state of the economy here in BC and abroad; the newly revised Limitation Act, which will take effect in 2013; and the move back to the PST. On the professional agenda, there are other developments in the CA profession. One example is the new Members in Industry (MII) Online Resource Centre, which the Canadian Institute of CAs will be launching later in November. See page 34 for more information on this new resource for members in industry. It’s just another example of the CICA’s ongoing commitment to member services—services we plan to continue supporting here in BC. As I have shared with those I’ve met on the Tour, if you have any questions or comments about unification or other initiatives, please don’t hesitate to contact me at [email protected]. —Gord Holloway, FCA IMPORTANT UPDATE - OCTOBER 25, 2012: CA Ontario has advised its members that they will be awarded the Chartered Professional Accountant (CPA) designation effective November 1st. Each member will receive their CPA certificate by the end of November. You can keep up with all the unification developments at www.ica.bc.ca. Research Corner New study helps to close gap between theory and practice Reconciling Theory, Case Law, and Practice in Corporate Takeovers By Dr. Kin Lo, CA, Ph.D. A t the Accounting Research Conference of the Universities of BC, Oregon, and Washington this summer, I heard about an interesting study on corporate takeovers—one that may actually help to close the gap between theory and practice. Here’s a recap. For more than 20 years, there has been a significant gap between what a target company in a takeover should and must do according to financial economic theory and case law, respectively, and what the target company actually does in practice. This gap relates to whether the target company engages in an auction by soliciting bids from multiple potential buyers, or instead negotiates the terms of the sale with only one bidder. Existing theory suggests that it is in the interest of the seller (i.e., the shareholders of the selling company, represented by the board of directors) to line up multiple bidders, because competition among bidders helps to drive up the price. Case law in the United States is consistent with this view. In the case of Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc., for example, the Delaware Supreme Court concluded that in a takeover, the role of the target’s board of directors is not to defend the corporation, but instead to become “auctioneers charged with getting the best price for the stockholders at a sale of the company.”1 This so-called “Revlon duty” puts the onus on the target’s board to engage in an auction with multiple bidders with the goal of maximizing the benefits to the selling shareholders. Despite existing theory and case law, a new study by Dr. Rafael Rogo, assistant professor at the Sauder School of Business, shows that only about half of all target firms actually choose the auction mechanism, while the other half enter into bilateral negotiations with a single bidder. What explains this disparity? Are so many boards not acting in the best interest of shareholders? In the aforementioned study, Dr. Rogo attempts to close this gap. Presenting his work at the annual Accounting Research Conference,2 he provided both a theoretical model for why some target firms would choose the auction route, and why others would prefer bilateral negotiations. He also provided empirical evidence consistent with this model. The crux of Dr. Rogo’s theory is the amount of uncertainty in the value of the target company and the degree of “information asymmetry” that exists between the seller and the buyer. First, when something that is being auctioned has an uncertain value, bidders face “the winner’s curse,” which is the tendency for the winning bidder to overpay for the auctioned item since the winning bid is always the highest bid. Accordingly, bidders should discount their bids, to avoid overpaying in case of a win. The larger the amount of uncertainty, the greater the expected discounting. Second, the board of the target company has an information advantage over potential acquirers regarding the value of the company. To help alleviate the uncertainty faced by potential bidders—called “unilateral uncertainty”—the board can provide them with non-public information; however, some of this information is proprietary—sharing it with too many outsiders could undermine the target company’s future operations. Thus, Dr. Rogo’s model predicts that an auction is not always the best choice for shareholders of the selling company. High uncertainty in the value of the target company dampens the price that potential buyers are willing to bid. In some cases, insiders are able to use private disclosures to the bidder to alleviate a large portion of the unilateral uncertainty. In such cases, private negotiations increase the bidder’s willingness to pay, and the board can expect a higher price than would be obtainable through the auction process. Dr. Rogo tested these predictions using a sample of 257 takeovers over a six-year period (2002-2007), and found results consistent with his theory. The data suggests that going from little unilateral uncertainty to a lot of unilateral uncertainty increases the likelihood of a bilateral negotiation (and decreases the likelihood of an auction) by about 20%. Furthermore, the takeover premium—the percentage paid in excess of the pre-takeover share price—is systematically related to the degree of unilateral uncertainty. That is, in transactions completed through auctions, the takeover premium decreases with unilateral uncertainty; this is consistent with the idea that uncertainty dampens auction bidders’ willingness to pay. By contrast, in transactions completed through bilateral negotiations, the takeover premium actually increases with the amount of unilateral uncertainty; this is consistent with the idea that negotiating as a means to convey valuable information increases a buyer’s willingness to pay. The results of this study highlight the importance of considering the information effects in important transactions such a mergers and acquisitions, and help to close a wide chasm between theory and practice. In time, this study may even influence future jurisprudence. Kin Lo, CA, Ph.D., holds the CA Professorship in Accounting in the Sauder School of Business at UBC. The CA Professorship is funded by the CA Education Foundation of BC. Kin welcomes your questions on accounting research, and can be reached at [email protected]. Revlon, 506 A.2d at 182 (Del. 1986). The Accounting Research Conference of the Universities of BC, Oregon, and Washington was held at the Sauder School of Business in Vancouver on August 24-25, 2012. The conference was generously supported by the KPMG Research Bureau and the CA Education Foundation. 1 2 Nov/Dec 2012 ica.bc.ca 5 On the Cover Unification Moves Forward By Richard Rees, FCA W e are pleased to announce that the ICABC Council and the CMABC Board have signed an agreement to pursue a merger. Accordingly, the two organizations will work together to become the Chartered Professional Accountants of British Columbia (CPABC). Throughout this process, we kept in mind the overwhelming message received from firms and members during our consultation process, which was to stay aligned with the national profession. With that in mind, we actively participated in the CPA initiative, representing BC’s interests as the direction for unification was set. To that end, we’ve seen positive momentum over the last few months: CPA Canada will be established January 1, 2013; the Ontario CA Institute is committed to adopting the CPA designation and the CPA Certification Program; the Alberta CMA and CGA boards have voted to unify under the CPA banner; the Manitoba CMA and CA organizations are working to unify and use, the CPA Certification Program, which they have already endorsed; and talks continue in every other jurisdiction. With these significant announcements, the establishment of the Chartered Professional Accountant designation as the leading Canadian accounting credential seems assured, and we enthusiastically join our colleagues in this enterprise. Over the next several months, we will be focused on three primary areas: 1) implementing the CPA Certification Program; 2) petitioning the provincial government to change our legislation and enact the CPA designation in BC; and 3) establishing a joint-venture with CMABC, through which the CPA program and member services can be delivered while CPA legislation is pending. CPA Certification Program The CICA and CMA Canada are currently developing the CPA program, and this will continue to be the top priority of CPA Canada once the organization is established. In addition, the CPA Competency Map and supporting educational requirements were recently released, and John Gunn, FCA, formerly CEO of the CA School of Business, has accepted the position of project manager for the development of the new program.1 Both the ICABC and CMABC have committed to using the CPA program once it is available in September 2013, with the first CPA national “Common Final Examination” taking place in September 2015. As we told approved training offices in August of this year, the timing for the new program means that BC firms wanting to continue using the preferred, two-year CASB cycle will need to enrol students in the CPA program in September 2013. We are currently finalizing arrangements so that student registration for the new program can proceed on the usual schedule, beginning in February 2013. Any CA students who are unable to complete the legacy program by September 2015 will transition to the CPA program. They will be fully supported by the profession, and bridging programs will be provided. Moreover, all of the education and practical experience completed through legacy programs will count towards CPA requirements. Gunn stepped down as the CEO of CASB on October 1, 2012. Scott Palmer, FCA, a senior member of the CASB Board, has assumed the role of interim CEO. 1 ICABC President Gord Holloway, FCA, and CMABC Chair Pat Kennedy, CMA, FCMA, sign the agreement. Also present: ICABC CEO Richard Rees, FCA, and CMABC President and CEO Vinetta Peek, CMA (Hon), CMA. Photo by Jay Shaw Photography in Vancouver. 6 ica.bc.ca Nov/Dec 2012 CPA legislation powerful precedent we hope to build on in Canada. Be assured of our continuing commitment to this goal. We will be petitioning the government of British Columbia to change our legislation and establish the CPA designation in BC. Given the upcoming election and other priorities, this may take some Joint venture time. In the New Year, many aspects of the profesWe have been asked what designation we sion’s national work will move to CPA Canada, will award to successful candidates if the new and CPABC will need to interface with the legislation takes longer than expected. The national body and our colleagues across the simple answer is that we will award whichever country as “CPABC.” designation we are authorized to award. Under To achieve this, the ICABC and CMABC have the current legislation, our organizations can agreed to establish a joint venture to offer the award the CA or CMA, respectively. When the CPA program and develop a member services legislation is updated, we will award the CPA. If, and support function to serve members, pendhowever, the legislation doesn’t change, members ing legislation and a formal merger. This joint will be eligible to apply for the CPA in jurisdictions venture will be overseen by a Transitional Steering where the new legislation has been implemented. Committee that reports to the ICABC Council We certainly hope and expect that we will have and the CMABC Board. The Committee will be our new name by 2016, when the first graduates are eligible to receive the new designation. The bottom line is that for now, the status quo remains. We will advise members and firms on how to handle the change once the timing is known. Be assured that in our merger plans, we have agreed that signage and printed material should be updated over time (per the date of office lease or signage lease renewal, for example). You should also be aware that as part of the establishment of the Chartered Professional Accountant profession, we are seeking uniform regulation of professional accounting across Canada. Work is underway to establish a framework that reflects the best of existing legislation in Canada and the Uniform Accounting Act in the US. Firms operating in multiple jurisdictions have indicated that such a move would be extremely beneficial. This will likely be a lengthy 12.RTurnbullChartAd1 9/18/12 12:03 PM Page 1 process, but the recent success in the US sets a made up of executive committee members from the two bodies. Existing regulatory functions will continue to be the responsibility of the legacy bodies. A detailed transition plan is being developed, and we will update you as appropriate, and as the plan is implemented. These are exciting times for our profession, and we appreciate the support you have given us as we’ve worked through the process to date. Please let us know if you have any comments or questions about these developments. We will keep you updated through the ICABC website at www.ica.bc.ca and our social media channels as new information becomes available. Richard Rees, FCA, is the CEO of the Institute of Chartered Accountants of BC. odlumbrown.com Tired of portfolios that simply follow the S&P/TSX? > We think for ourselves. Ross Turnbull, CA, CBV, CFA Vice President, Director, Portfolio Manager T 604 844 5363 or 1 888 886 3586 [email protected] odlumbrown.com comparative performance * odlum brown model portfolio s&p/tsx total return index 19.1% 14.9% 8.8% 3.6% 1-year since inception * Compound annual growth rates are from inception December 15, 1994 to September 15, 2012. The Odlum Brown Model Portfolio is a hypothetical, all-equity portfolio that was established by the Odlum Brown Research Department in December 1994. Trades are made using the closing price on the day a change is announced. These are gross figures before fees. Past performance is not indicative of future performance. Member-Canadian Investor Protection Fund. Nov/Dec 2012 ica.bc.ca 7 What’s your competitive edge? Know Your Personal Brand. The Power of Personal Branding for Career Success The Power of Personal Branding for Career Success The straightforward 8-step process, real-world examples and supporting worksheets will help you: • Build a brand that showcases your attributes and core strengths • Research the brand most valued in your organization, industry or profession • Assess your current brand to see if it’s working for you • Find the right mentors and use social media and other strategies to strengthen your brand and increase your visibility. The worksheets are also available in electronic format; download for free at www.cica.ca/personalbranding The straightforward 8-step process, real-world examples and supporting worksheets are designed to help you manage your brand and increase your visibility. The Power of Personal Branding for Career Success Power up your career with this practical guide to positioning your personal brand for greater success. Whether you’re embarking on a new career, hitting your stride in your current role, or planning your next move, The Power of Personal Branding for Career Success will help you focus your strengths and develop a clear career path. The Power of Personal Branding for Career Success by Karen Wensley For more information or to order, visit: CAstore.ca/personalbranding Branding_Ad_BN_EN.indd 1 10/11/2012 2:50:01 PM 1 PM C As Pragmatic About Province’s Economic Outlook: Global Economic Uncertainty Remains a Major Concern By Vanessa Woznow A ccording to the results of the 11th annual CA Business Outlook Survey (2012), CAs believe that BC is performing better than many other jurisdictions, but ongoing domestic and international developments continue to temper optimism for future economic developments. Our members’ projections for the province’s economy remain cautious, particularly in light of uncertain global markets, the upcoming provincial election, and the province’s return to the provincial sales tax (PST). The results of the ICABC’s 2012 survey are summarized in this article. On the Canadian economy Of the CAs who responded to the 2012 survey, the vast majority (97%) rated Canada’s economy as “fair” (59%) or “good” (38%)—a slight dip of 1 percentage point (ppt) from the total for these two rankings in 2011. None of the respondents rated the current state of Canada’s economy as “excellent,” and 3% described it as “poor.” On the BC economy Similarly, the vast majority (95%) of the 2012 survey respondents described the BC economy as “fair” (59%) or “good” (36%). However, the percentage of CAs who selected “good” is 10 ppt lower than in 2011, and 1 ppt lower than in 2010. Only 1% of the 2012 survey respondents rated the economy as “excellent,” while 5% described it as “poor” (see Figure 1 below). On the US economy Respondents to the 2012 survey, saw the US economy lagging in comparison to both the Canadian and BC economies. An equal number of CAs rated the US economy as either “fair” or “poor” (48%), while only 4% gave it a “good” rating. According to a recently released forecast by the US Federal Reserve Board and the Federal Open Market Committee, unemployment remains a grave concern, and the US government is likely to pursue a highly accommodative monetary policy until the country’s economic recovery strengthens.1 Given BC’s long-standing economic ties with the US, this ongoing volatility could adversely affect the province’s economic stability. Federal Reserve Board and Federal Open Market Committee, Press Release, September 13, 2012. (www.federalreserve.gov/newsevents/press/monetary/20120913a.htm) 1 Figure 1 Current state of economy (BC) 70.0% 60.0% 50.0% 40.0% 30.0% On future prospects 20.0% 10.0% 0.0% Excellent Good Fair Poor 2010 1.9% 37.3% 55.6% 5.2% 2011 1.4% 42.6% 52.9% 3.2% 2012 1.2% 35.8% 58.5% 4.5% Nov/Dec 2012 ica.bc.ca 9 On future prospects Figure 2 This year’s survey results reveal that the majority of respondents do not expect a significant turnaround in the economies of BC, Canada, or the US over the next two years. Most respondents (58%) said they expect the 60% national economy to stay the same over the next two years. Only 25% said they expect conditions 50% to improve—a marked drop from 2011, when 40% 34% of respondents said they anticipated 30% improvement. At the same time, however, only 12% of 2012 survey respondents said they expect 20% the economy to worsen—a 4-ppt decrease from 10% 2011. 0% Thoughts about BC’s economic future echoed 2010 2011 2012 projections for the national economy, and were Improve 42% 26% 26% identical to the responses received in 2011. As Stay the same 43% 51% 51% shown in Figure 2 (right), a slight majority of resWorsen 15% 23% 23% pondents (51%) said they expect the BC economy to stay the same; 26% predicted that it will get There has been muted optimism regarding BC’s economic state better; and 23% predicted that it will worsen. and its future prospects since 2010, as illustrated above. Projections for the US economy over the next two years mirrored projections for the BC and Canadian economies. Interestingly, however, the results were slightly more optimistic than those recorded in 2011. The percentage of 2012 survey respondents who said they expect the US economy to stay the same was 46%, while those who predicted that the economy will improve rose to 37%—an increase of 10 ppt from 2011. Moreover, those who said they expect the US economy to worsen dropped to 17%—a decrease of 16 ppt from 2011. Overall, the five-year outlook results for all three economies were decidedly positive, with 76% of all 2012 survey respondents foreseeing economic growth for Canada, 63% foreseeing economic growth for BC, and 73% foreseeing economic growth for the US. BC's two-year economic forecast On policy making Independence. Integrity. Integrity. Experience. Experience. Independence. Vancouver Kelowna Toronto Toll Free 604.678.6411 250.448.7450 416.255.0993 800.658.7450 Tracey Harrop-Printz, CGA Derek Sanders, CA, CBV, CFA Don Spence, FCA, FCBV, C.ARB Spence Valuation Group is an independent, professional firm practicing exclusively as business valuators and expert advisors in litigation support and business interruption insurance determinations. TailWind Corporate Finance brings investment banking to the mid-market by finding buyers for its clients’ businesses with professionalism and integrity. www.tailwindgroup.ca www.spencevaluation.com Business Valuation 10 Litigation Support ica.bc.ca Nov/Dec 2012 Mergers & Acquisitions When asked to rate the Canadian government’s ability to create a successful business and investment climate, 8% of the 2012 survey respondents described it as “excellent”; this marked an increase of 1 ppt from 2011. Another 50% of those polled said the Canadian government was doing a “good” job, while 35% rated its performance in this area as “fair.” The percentage of respondents who described the government’s efforts as “poor” increased by 3 ppt from 2011, reaching 7%. Overall, the ratings for the BC government were slightly lower than the ratings for its federal counterpart: 5% of respondents said the provincial government had done an “excellent” job in its efforts to support the economy; 37% rated the government’s performance as “good”; 46% rated its performance as “fair”; and 12% described it as “poor.” Results for this question have not changed significantly since 2011. In particular, when asked to name the most important step the provincial government could take to improve BC’s economy, the majority of 2012 survey respondents listed the same answers as the majority of respondents in 2011: the reconfiguration of a BC value-added tax, followed by a reduction in red tape. On business challenges As indicated in Figure 3, the top six issues the 2012 survey respondents identified as either major or moderate challenges to business success were (in order of importance): 1) uncertainty with regard to the global economic climate; 2) attracting and retaining high-calibre employees/ skilled labour; 3) housing prices; 4) the ability to raise capital; 5) uncertainty with regard to the provincial economy; and 6) uncertainty with regard to the Canadian economy. Notably, attracting high-calibre employees made the biggest move between 2011 and 2012, jumping from seventh position to second. By contrast, uncertainty surrounding the Canadian economic climate fell three positions, and consumer confidence levels (which ranked sixth in 2011) dropped out of the top six completely. Figure 3 Top six issues ranked as major or moderate challenges to business success in BC (2012) 100.0% 90.0% 80.0% 70.0% 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% Global economic climate Total On financial management In terms of business growth, the 2012 survey marked the second consecutive year in which the majority of CAs in industry (47% in 2011 and 48% in 2012) said they expect the size of their clients’ businesses to stay the same over the next two years (see Figure 4). The percentage of respondents who predicted business expansion was slightly lower, coming in at 43%; this was identical to the prediction for business expansion made in 2011. Another 9% said they expect their clients’ businesses to contract—down 1 ppt from last year. The majority of CAs working in public practice (71%) said they expect their clients’ businesses to stay the same size over the coming two years—an increase of 6 ppt from 2011 (see Figure 5 on page 12). The percentage who said they expect businesses to expand declined by 7 ppt, dropping from 28% to 21%; since 2010, this indicator has decreased by 10 ppt. As in 2011, only 8% of 2012 survey respondents said they expect their clients’ businesses to contract over the next two years. 87.6% Attracting and retaining high-calibre employees/ skilled labour 72.9% Housing prices Ability to raise capital BC economic climate Canadian economic climate 72.2% 70.2% 69.4% 67.7% Figure 4 Over the next two years, respondents in industry expect their clients' businesses to... 60% 50% 40% 30% 20% 10% 0% Expand Stay the same Contract 2008 45% 45% 11% 2009 54% 37% 9% 2010 51% 39% 11% 2011 43% 47% 10% 2012 43% 48% 9% On business confidence Nov/Dec 2012 ica.bc.ca 11 Figure 5 On business confidence Over the next two years, respondents in public practice expect their clients' businesses to... 80% 70% 60% 50% 40% 30% 20% 10% 0% 2008 2009 2010 2011 2012 Expand 28% 32% 31% 28% 21% Stay the same 50% 56% 63% 65% 71% Contract 21% 13% 7% 8% 8% The results of the 2012 CA Business Outlook Survey reveal that CAs are cognizant of the challenges posed by international volatility and other external factors, including uncertainty in the American and European economies, and the potential impact of these challenges on future economic growth. Not surprisingly, this awareness tempers survey respondents’ optimism with regard to BC’s economic future. Moving forward, focusing on sustainable resource initiatives and job creation/ retention, as well as maintaining solid fiscal management and a high credit rating, will help ensure the province’s economic stability in the long-term. Vanessa Woznow is the manager of Public Affairs at the ICABC. On tax rates About respondents The majority of 2012 survey respondents working in both public practice (79%) and industry (70%) said that an increase in corporate tax rates could impact their clients’ business investment plans. Business Outlook Survey in The ICABC conducted the CA August 2012. A total of 609 CAs completed the survey. Of those dap_beyondnumbers_aug28_may.eps 1 8/28/2012 1:54:17 PM who participated, 47% worked in industry, 40% worked in public practice, and 10% worked in other fields. Half of the respondents worked for companies with more than 50 employees, and just two-thirds were located in the Lower Mainland. 12 ica.bc.ca Nov/Dec 2012 Left to Right: Vern Blai r, Cheryl Shearer, Rober t D. Mackay, Kiu Ghanavizchian, Chad Rutquist, Gary M. W. Mynett, Chris Halsey-Brand t, Andy Shaw, Jeff P. Matthews, Farida Sukhia Blair Mackay Mynett Valuations Inc. is the leading independent business valuation and litigation support practice in British Columbia. Our practice focus is on business valuations, mergers and acquisitions, economic loss claims, forensic accounting and other litigation accounting matters. We can be part of your team, providing you with the experience your clients require. Suite 1100 1177 West Hastings Street Vancouver, BC, V6E 4T5 Telephone: 604.687.4544 Facsimile: 604.687.4577 www.bmmvaluations.com Vern Blair: Rob Mackay: Gary Mynett: Andy Shaw: 604.697.5276 604.697.5201 604.697.5202 604.697.5212 Jeff Matthews: Cheryl Shearer: Farida Sukhia: 604.697.5203 604.697.5293 604.697.5271 Chris Halsey-Brandt: 604.697.5294 Kiu Ghanavizchian: 604.697.5297 Chad Rutquist: 604.697.5283 The Infrastructure Challenges Faced by Today’s Municipalities By Cory Vanderhorst, CA A note from Member Services: This is the third instalment in our five-part PSA series. For resources on public sector accounting, visit the ICABC website at www.ica.bc.ca or contact Professional Advisory Services at the ICABC (604-681-3264; toll free in BC: 1-800-663-2677). “If you build it, he will come.” That famous line from the movie Field of Dreams inspires a hint of nostalgia—and maybe even some wishful thinking. And just like Kevin Costner faithfully carved his baseball diamond out of a corn field in Field of Dreams, municipalities around the province undertake their own projects, building playing fields, community parks, recreation and convention centres, and more—all in the hopes of attracting residents and visitors to their new facilities. But with the hope of: “If you build it, he will come,” comes the reality for municipalities: “If we build it, future costs will come.” Municipalities have more to think about than buildings and recreational facilities. They are also stewards of roads, sewer and water systems, bridges, waste disposal sites, and a number of other assets that contribute to the high quality of life that we enjoy in British Columbia. Many of these assets were constructed 40 or 50 years ago and are nearing the end of their useful lives, which means repair and replacement costs must be considered. (The importance of this consideration has been underscored by some notable examples of infrastructure failure in recent years, including the Ville Marie Tunnel collapse in Montreal on July 31, 2011.) The issue of aging infrastructure is also relevant for our education and healthcare sectors, which strive to provide high levels of learning and patient care against a backdrop of rising service costs, in buildings that need safety upgrades and replacement. What this means is that municipalities face the daunting challenge of addressing infrastructure needs while also maximizing the value of municipal services to the community. Changing compliance requirements To complicate matters, the adoption of PS 3150 to the PSA Handbook, effective January 1, 2009, required all municipalities to update their accounting for tangible capital assets. In the past, municipalities recorded their capital assets as expenditures; and while they did track the accumulating amounts of expenditure, most did not amortize those assets over the assets’ useful lives. As a result, municipalities typically had large historical cost amounts on their books and there was a disconnect between the financial reporting and the asset management functions. Moreover, in many cases, engineers in the public works department handled the asset management in isolation from the finance team. By complying with the requirements set out in PS 3150, municipalities now have a base for moving forward with asset management and integrating it with the information used by the public works department. This base has two vital components: 1.An inventory of all assets owned and maintained by the municipality; and 2.Cost information used to value the assets, including a mix of historical records, appraisal, and replacement costs. The replacement cost estimates are very useful, as they can be combined with condition assessments and useful life estimates to give the community a better picture of the costs that will need to be incurred, and when. 14 ica.bc.ca Nov/Dec 2012 Managing the infrastructure deficit Condition assessments are where we step out of the realm of accounting and into the world of engineering. Often these assessments use a simple rating system, with easily understood labels such as “good,” “fair,” “poor,” and “fail.” Many public works and engineering departments already use a system such as this to determine when assets need to be repaired or replaced, and to make sure they have the budget in place for these costs. By combining the condition assessments and the estimated future replacement costs, along with the anticipated timing of these replacements, municipalities can get a better sense of the challenge that lies ahead: their infrastructure deficit. The term “infrastructure deficit” can be defined broadly as the additional investment needed to repair and maintain existing municipally-owned infrastructure assets at appropriate service levels and in a good state of repair. In 2007, the Federation of Canadian Municipalities commissioned a report, which estimated that the Canadian infrastructure deficit for existing municipal infrastructure was $123 billion, before considering any expansionary needs (estimated at an additional $115 billion).1 Linked to the infrastructure deficit concept is the need to shift planning and budgeting from a short (one- to five-year) time frame to a model based on the life cycle of the assets being managed. When a new recreation centre is built, for example, planning for the costs that will be incurred for its 50-year useful life (including costs such as roof replacement, heating/cooling system replacement, and other significant scheduled repairs) will give the municipality a clearer picture of its commitment. Many municipalities are addressing these issues proactively by building cross-functional teams and allocating funding and time for studies on their own infrastructure deficits. Many provincial associations, such as the Government Finance Officers Association of BC, the Local Government Management Association of BC, and Asset Management BC, among others, have also stepped up to the plate—dedicating more resources to assist municipalities by offering training and seminars, and creating asset management tools. A tool-based scenario Balancing residents’ needs with fiscal responsibility The CBC website has a very interesting tool in its interactive “Big Fix” section: an infrastructure deficit calculator that challenges the user to cover the deficit and provide for expansion needs over a 20-year period by: 1) adjusting federal, provincial, and municipal taxes; 2) finding new sources of revenue; and/or 3) reallocating funding and priorities.2 Using this tool, there are many ways to approach the infrastructure deficit problem. For example, recognizing that we are in a period where there is significant pressure to lower taxes at all levels of government, I attempted to “cover the deficit” by re-allocating monies and priorities, rather than increasing taxes or finding new revenue sources. I also ignored the $115 billion of expansionary needs and focused solely on the $123 billion of mandatory fixes. By reallocating 1% of the provincial budget and 0.75% of the federal and municipal budgets towards capital infrastructure, I was able to generate $125 billion to cover the infrastructure deficit over a period of 20 years. This may seem like an easy solution; however, it would mean removing that same $125 billion from healthcare, education, and other governmentfunded services. According to the calculator, reallocating budgets can have a larger impact on covering the deficit than raising new revenues, but it also means a significant decline in the levels of other vital services. To continue our high quality of life, including fixing infrastructure and maintaining the high level of services to which British Columbians have grown accustomed, a mixture of new revenues (taxes or other forms) and a reallocation of government spending is required. The infrastructure deficit calculator has its limitations, as does any tool, but it certainly provides a good opportunity to consider infrastructure issues and come up with solutions. Faced with the increased pressure to balance residents’ needs with fiscal responsibility, many municipalities recognize that they need to be innovative in their approach. And while some municipalities may keep their focus on status quo taxation, many are looking inward at their costs and are performing—or hiring consultants for—organizational or core-service reviews. These kinds of reviews are an ideal time for a municipality to align its objectives to a long-term focus and a balance of services and infrastructure maintenance. Saeed Mirza, Ph.D., Danger Ahead: The Coming Collapse of Canada’s Municipal Infrastructure (a report for the Federation of Canadian Municipalities), November 2007. 2 To check out the tool, go to www.cbc.ca/ news/interactives/infrastructure-calculator/#. 1 Cory Vanderhorst, CA, leads the Vancouver Island Public Sector Practice for MNP LLP. Comptroller General Commentary: “Why the Provinces and PSAB Should Meet Each Other Halfway: An Opinion Piece” by Bill Cox, CA (Beyond Numbers, October 2012) A s British Columbia’s comptroller general, I completely agree with Bill Cox’s assertion that sound public sector financial reporting is extremely important to taxpayers and it must be done carefully and consistently. Financial information is most useful if it is conceptually consistent across jurisdictions and over a long period of time so that users can understand what it means and make meaningful comparisons. As Bill points out in his article there is active, ongoing debate on the application of the new transfer payment standard with very different positions being taken by preparers and auditors in different jurisdictions. This is why our approach to managing changes in public sector accounting standards is to work actively with standard setters, auditors and other jurisdictions to understand how changes relate to historical practice, to identify conflicts that indicate problems either with past practice or new guidance, and to plan for implementation so that we can prepare financial statements that are relevant to past periods as well as future ones. We take a conservative approach because the risk of taking an accounting approach that is later found to be incorrect would undermine the long term usefulness and credibility of financial reporting. One part of Bill’s article that I have to clarify is the characterization of the purpose and requirements of the Restricted Contributions Regulation. The way the article is written the reader may conclude that the “defer and amortize” approach is required for all capital transfers. This is not the case. The regulation mirrors guidance in PS3410 and requires that contributions be deferred only when appropriate stipulations are in place to constitute a liability as outlined in PS3200. The regulation was needed to address broad inconsistency in the early positions taken by preparers and auditors. At the outset many auditors felt that there was no provision for deferral in PSAB, and while we have moved beyond that point there is still much work to do to get to a consistent understanding about what actually constitutes a valid stipulation and how it affects recognition. I appreciate the active interest in public sector accounting issues within the accounting community. Continued dialogue and debate across the broader community are exactly what is needed to achieve the consistency we strive for as a profession. Stuart Newton, CA Comptroller General Ministry of Finance Nov/Dec 2012 ica.bc.ca 15 Bringing Your Own Device to Work: What to Consider By Dave Iverson, CFE, PCI QSA, CISSP H istorically speaking, employers have provided their employees with the tools needed to perform their jobs. In the accounting profession, this may have begun with pencils and paper. As technology continued to evolve, pencils and paper gave way to ever more sophisticated tools, bringing us to where we are today—armed with computers, spreadsheet software, access to the Internet, and mobile devices such as cell phones and tablets. However, there has been a change in this pattern recently, as employees are increasingly asking their employers if they can bring their own devices to work. This trend is known as “BYOD” or “Bring Your Own Device.” To employers, this might seem like a fantastic idea—at first. BYOD could potentially enable employers to minimize their IT spend, while at the same time keeping staff happy. After all, if an employee is able to use their home device for work—a device they’re comfortable with and have customized to their liking—where’s the harm? And since consumers are typically early adopters of technology—unlike businesses, which typically take a wait-and-see approach with regard to new technology—the employer stands to benefit when employees pay for their own cutting edge technology. Before entering into a BYOD arrangement, however, both employers and employees need to have a clear understanding of (among other things) how data on the mobile device will be accessed, who will own this data, the steps that will be taken should the employee decide to leave the organization, and the kind of security that will be implemented on the device. What could go wrong? Let’s assume that an individual named Carl is employed as a sales manager by a company called White Corp. On his personal mobile device, Carl keeps a contact list of all the employees within White Corp, as well as a contact list of all of the company’s preferred clients. On a long drive to the family cottage one weekend, Carl’s daughter gets fidgety and cranky. In an effort to keep her occupied, Carl hands her his phone so she can play a rousing game of “Angry Birds.” After a few games, however, Carl’s daughter becomes bored; she then proceeds to press random buttons on the phone. Before Carl knows it, his daughter has sent an email containing gibberish to various suppliers and key contacts. This practice goes on until Carl either asks for his phone back or his daughter moves on to some other activity. This scenario could cause harm to White Corp on several fronts. First, customers aren’t likely to appreciate receiving one or more nonsensical messages to their work email accounts. Second, White Corp customers may view the unnecessary emails as signs of a security breach and reconsider doing business with Carl. In turn, the loss of client trust may result in reputational impact to White Corp, and, eventually, to a loss of corporate earnings. Damage to White Corp could have been avoided in one of two ways: 1) Carl could have purchased a separate mobile device specifically for his daughter; and/or 2) White Corp could have segmented the data on the mobile device so that client lists and phone numbers could not be accessed easily. Carl made an error in judgment. Let’s assume that the IT department at White Corp made a similar error—although aware of the potential for a security breach, it bowed to pressure to meet budgets and deadlines, and allowed Carl’s mobile device to exist on the White Corp network without putting adequate safeguards in place. A failure of security on both sides. So what are businesses and employees to do if they want to embrace the BYOD trend and keep risks at a minimum? The following list offers some key considerations; it is by no means intended to serve as a comprehensive guide on how to successfully implement a BYOD policy in the workplace—rather, it is meant to promote discussion. Ultimately, the more knowledge shared on this topic, the better the likelihood of avoiding costly breaches in security. 16 ica.bc.ca Nov/Dec 2012 Key considerations in a BYOD environment •Segregate the data that is on the device to keep company data separate from personal data. •Install remote wiping software on each device. This will enable the IT department to delete sensitive company information remotely in the event of device loss or employee termination. •Password protect the device, so that after a set amount of time a password is required for access. This will help prevent unauthorized use should the employee misplace or lose their mobile device, or if the device is stolen. •Determine which manufacturers of mobile devices will be supported. Most IT budgets are limited, whereas the number of mobile devices seems almost limitless. Employers need to consider whether they will support Blackberry, Apple, Android, and Windows mobile devices, or some combination thereof. By limiting the number of devices for support, IT can better focus their efforts and minimize potentials impacts to the business. •Determine how system updates will be handled. Mobile device manufacturers are constantly upgrading their operating systems. And unfortunately, with each upgrade some of the mobile device’s previous functionality seems to be lost. Therefore it is important to determine in advance how and when system updates will be performed. •Determine who owns the phone number. Although the employee may bring a phone number with them to the company, this phone number may become associated with the company over time. In such cases, the employer may decide to retain the phone number if the employee decides to leave the company—even if that means purchasing it from them. •Have a written mobile device policy that is clearly understood by the company and employees. A well written policy will cover many of the items listed above and should be read and agreed to (in writing) by both the company and the employees on an annual basis. Convenience often comes with increased risk. Putting safeguards in place will help employers and employees avoid costly breaches in security Food for thought The BYOD trend will likely continue to grow as employees become more and more tech savvy and ask to use personal devices as part of their daily work activities—especially as employers look to cut IT costs. Yet before all parties agree to the BYOD concept, the employer needs to take a close look at their objective. At the end of the day, having an IT department that supports in-house devices (such as company-issued notebook computers), as well as a wide variety of mobile devices on a variety of competing platforms, may not reduce IT costs—it might actually increase them. ium nd med small a orked have w as both h y e te h a T e. er c d n a e candid ri re e e to rm exp n of d notic sized fi view an provisio eir e re s a th n h o s t a a Th ll th inly e . a A 0 w g m 0 C s in ,0 a d n 0 lan nts one $18 ageme a seas some p variety of pany. CFO g d is n m n e o a te c a e ndid of a rivate plianc this This ca wing p nsisted . 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Nov/Dec 2012 ica.bc.ca 17 Ending Relationships and Staying on Good Terms By PPC Canada A note from Member Services: For more information about PPC and your member benefits, visit the ICABC website at www.ica.bc.ca/ppc. To book services, contact PPC directly at www.ca.ppcworldwide.com or call 1-800-663-9099. To access the online health and wellness tools, use the following log-in: username: “healthy”; password: “living”; key code for e-counselling: “healthyliving.” I n the October 2012 issue of Beyond Numbers, we offered some advice on how to cope with major life transitions. Among these major life transitions, few may be as painful and challenging as the break-up of a significant relationship. This month’s article aims to help you deal with the aftermath of a break-up, be clear about practicalities, and cope when things get difficult. Dealing with the aftermath Immediately after the break-up of a relationship, you may feel hurt, angry, confused, devastated, and more. These feelings can make it very difficult to stay on amicable terms with your ex-partner. That’s why it’s important to give yourself some time to recover. Don’t expect to be able to be objective straight away. A little time will give those raw feelings a chance to fade. If you don’t feel able to deal with certain things right away, don’t be afraid to say so. You might want to ask a friend to pick up your things from your ex-partner’s home, for example. Or you might tell your ex that you’ll be ready to talk about the practicalities of separating once a few weeks have passed. Be ready to build yourself back up. Get as much support as you can from friends and family, and try to look after yourself by taking a little time off work, writing in a journal, or spending more time on your creative pursuits, hobbies, and “bucket list” items. Being clear about practicalities There are always practical issues that need sorting out after a relationship ends. The following steps will guide you through this process and help you to avoid arguments later on: •Write a list of all the decisions that need to be made and ask your partner to do the same. This might include decisions about your children, financial matters, dividing possessions, notifying friends and family of the split, etc. Spend some time thinking about what is most important to you, and where you’re prepared to make compromises. If you really want the sofa, for example, what are you willing to give up? •Arrange a meeting on neutral territory. Ask your ex-partner to put aside any unresolved emotional issues before this meeting, and attempt to do the same. You may want to ask a neutral party to be present to provide an objective view. •Combine your lists. Spend some time agreeing on your priorities—what needs to be sorted out most quickly? What concerns can be set aside for the time being? Take the top three decisions and see if you and your ex can reach an agreement on each one. Your friend/third party may be able to make suggestions if you get stuck. •When you’ve reached agreements, write them down clearly and in detail. Write down any necessary actions, such as getting a valuation of the house, on a separate page. •Divide these actions between you, and set up a time and place for your next meeting. •If the atmosphere becomes heated, arrange for a five-minute break to clear your heads. If necessary, end the meeting and reschedule. Try to agree beforehand (whether by email or by phone) about how you will deal with conflict if it arises again. What to do when things get difficult It is almost inevitable that you and your ex-partner will clash over certain issues when it comes to the process of dissolving your relationship. Here are a few tips to get you through the rougher patches: •Try not to get pulled in to arguments. Solutions are rarely found when emotions are running high. Take a mental step back from the conversation, take a deep breath, and try saying something like: “I know we can’t agree on this right now, but I’m hoping we can come up with some ideas that will work for both of us.” If necessary, table the contentious topic for the time being, and reschedule your meeting or phone call for another time. •Spend some time alone thinking things through. Why are you getting so upset or angry? What buttons are being pushed? Becoming more aware of your “sore spots” can help you to detach from the argument emotionally and focus on practical issues. •Ask a good friend for their opinion on your difficulties. Encourage them to be honest about how they think you’re dealing with the situation, and ask if they have any suggestions for what you could do differently. Then try to listen to their advice! •If you are finding it impossible to communicate with your ex, consider getting some professional support. Try a mediation service and consider seeking legal advice if appropriate. It can be a real challenge to untangle emotions from practical issues at the end of a relationship. However, clear and honest communication at this time can make an enormous and positive difference for both of you, especially if children are involved. When in doubt, remember that any effort to be patient and understanding in the early days will reap rewards later on. Help with relationships is only a phone call way As the members’ assistance provider for the ICABC, PPC Canada can help you and your immediate family members cope with relationship issues, including separation and divorce. Services include: •Professional and confidential counselling services; •Legal advice on a variety of topics, as well as legal referrals to a local professional at a 25% discount; and •Help with financial or debt management issues. Please call PPC Canada at 1-800-663-9099 to learn more about the various programs offered or to book an appointment. 18 ica.bc.ca Nov/Dec 2012 Reporting CPD online is easier than ever… Just ask the 75% of our members who reported online last year! And don’t forget that the CPD online system is open year-round for you to log and track your CPD hours prior to reporting! Coming soon The 2012 CPD reporting forms and online report submission capability will be available mid-November. Questions about CPD or CPD reporting? Visit the Institute’s website at www.ica.bc.ca/cpd and click on FAQs. Or contact us at the Institute: Lisa Murray 604-488-2614 [email protected] Roger Merkosky, CA 604-488-2611 [email protected] Continuing Professional Development Nov/Dec 2012 ica.bc.ca 19 CA-W Tax Traps & Tips “When considering the reallocation or transfer Business Restructurings – A Question of Risk By Savia D’Souza, SA Fin, and Jennifer Paul, MA Economics B usiness restructurings are becoming increasingly common in today’s marketplace as companies strive to remain competitive and achieve efficiencies in their businesses. A business restructuring involving associated enterprises might comprise the cross-border transfer of an asset, the termination or substantial renegotiation of an existing arrangement, or even the relocation of an entire business division to another country. Often, such restructurings result in a reallocation of risk between parties. Regardless of the nature and complexity of the business restructuring, there will be implications if the restructuring is scrutinized by the Canadian (or other) tax Extend your reach across the border. of risks, the OECD notes the importance of reviewing the contractual terms of the arrangement, and... the ‘economic substance’ of a risk transfer...” authorities and the enterprises involved are regarded to have not “acted at arm’s length.” The transfer pricing considerations of a business restructuring were discussed in a previous article in Beyond Numbers,1 which outlined the documentation requirements relating to a restructure, including: why the restructuring is being undertaken; what is being transferred outside of Canada; the value of the assets being transferred outside of Canada; the deductibility of restructuring costs incurred in Canada; and the appropriate transfer pricing treatment of post-restructure related-party transactions. This article picks up where the previous article left off, and provides commentary on assessing the US and cross-border tax is our business, we can help you with yours. US citizens resident in Canada Cross-border business activities Canadians with US investments US tax return preparation Laura McLeman, CA Warren Dueck, FCA/CPA Steven Flynn, CA/CPA 604.448.0200 | 1.855.448.0200 | www.wldtax.com Vancouver | Richmond | Calgary | Ottawa 20 BeyondNumbers-ad-square_2012.04.10.indd 1 ica.bc.ca Nov/Dec 2012 4/18/12 11:18:03 AM allocation of risk in a business restructuring, particularly with reference to whether the risks must be tied to the functions of a business. OECD2 guidance – Chapter IX transfer pricing aspects of business restructurings The OECD Guidelines 3 acknowledge various commercial reasons for undertaking a business restructuring (along with a corresponding reallocation or transfer of risk), and offer guidance to multinationals and tax administrations when assessing the arm’s-length nature of that restructuring. When considering the reallocation or transfer of risks in a business restructuring, the OECD notes the importance of reviewing the contractual terms of the arrangement, and also highlights the need to review the “economic substance” of a risk transfer to determine whether arm’s-length parties would enter into a similar arrangement. (Note: The OECD purports that even though there may not be evidence of arm’s-length parties engaging in the same or similar arrangements, this does not automatically mean that the arrangement is not arm’s length.) Specifically, the OECD identifies three considerations4: 1.Whether the conduct of the associated enterprises conforms to the contractual allocation of risks; 2.Whether the allocation of the risks in the controlled transaction is arm’s length; and 3.What the consequences of the risk allocation are. Jennette Chalcraft, CA, “Business Restructurings – Transfer Pricing Considerations,” Beyond Numbers, September 2009. 2 The Organisation for Economic Co-operation and Development. (www.oecd.org) 3 OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations, July 22, 2010. 4 OECD Guidelines, paragraphs 9.10 to 9.47. 1 CA-WLC Beyond Numbers AD_Layout 11-12-04 12:02 PM Page 1 A voice for women in the profession Go to www.cica.ca/women and join the conversation. The CICA's Women's Leadership Council is a voice for women CAs. We act as a catalyst for change, promoting a work environment within the Chartered Accountancy profession that provides for the retention, promotion and advancement of women to positions of leadership without bias, unintended or otherwise, based on gender. We provide resources and education to further women's advancement in the CA profession. Guidance on applying these three considerations when reviewing the risk allocation is provided below. Conduct of the parties vs. contractual arrangements Although it is necessary to review the contractual arrangements, the OECD states that the parties’ conduct should generally be taken as the best evidence concerning the true allocation of risk.5 For example, even though the legal agreements may state that one party bears the economic risk of a transaction, the environment and other factors may result in another party being exposed to that risk in practice. As such, it is important to review the allocation of risk in the context of how the parties actually operate, and consider whether the legal form of the transaction is consistent with the economic substance of the transaction. Consider the example of a manufacturing supply chain that is restructured such that Canadian manufacturing operations have ceased and are now being performed by an associated enterprise in the US, with the remaining Canadian operations being restricted to the limited risk distribution of the manufactured goods. We would anticipate that the Canada Revenue Agency would expect to see the US entity bear the risks that were previously borne by the Canadian entity, particularly if the postrestructuring profitability of the Canadian entity is now lower than before the restructuring.6 Allocation of risk When assessing whether the allocation of risk is one that might be agreed to by independent parties in similar circumstances,7 the OECD articulates two important factors that should be considered: 1) control over the risk; and 2) financial capacity to assume the risk. While the latter is self-explanatory, we believe the former warrants some discussion. Control over risk is described by the OECD as the “capacity to make decisions to take on the risk” and “whether and how to manage the risk.”8 The OECD acknowledges that it is not necessary to perform the day-to-day monitoring and administration functions in order to control a risk (as it is possible to outsource these functions); however, merely hiring another party to administer and monitor the risk on a day-to-day basis is not considered sufficient to transfer the risk to that party. According to the OECD, in order to “control” a risk, one has to be able to assess the outcome of the day-to-day BDO PROVIDES CREDIBILITY WHERE IT COUNTS Our team of valuation litigation support professionals can work with you to positively impact your case. We offer the following assistance: • • • Expert testimony Damage quantification Commercial litigation • • • Family law business Shareholder disputes Personal injury or insurance claims monitoring and administration functions performed by the service provider. Consider the case of a portfolio fund manager who is hired by an investor to invest funds on its behalf. Depending on the nature of the arrangement, the portfolio fund manager may have the authority to make investment decisions on behalf of the investor on a day-to-day basis, while the risk of loss is borne by the investor. The investor controls its risks by making three decisions: 1) hiring the fund manager; 2) giving certain instructions and authority to the fund manager; and 3) determining how much to invest. In this case, the portfolio manager would be entitled to a contractually agreed commission fee/fixed fee for its day-to-day functions, and the investor would earn the entrepreneurial returns of the investment because it retains the investment risk. Similarly, a parent company may outsource certain day-to-day distribution functions to an associated enterprise. The associated enterprise would be entitled to a fee for its distribution activities and for its management of the associated risks. The parent company would bear the market risk and suffer any associated financial loss should the risk be realized. As a result, the parent company would be entitled to the entrepreneurial returns. Consequences of the risk allocation Generally accepted transfer pricing principles suggest that when there is a transfer of risk, there should be an associated increase in the expected return of the party that now bears that risk. Further, the party that now bears the risk would be expected to bear the costs of managing or mitigating it, as well as the costs that might arise if the risk is realized. In determining the appropriate returns of each entity after the transfer of risk, it is necessary to look at the nature and economic significance of the transferred risk. If the risk transferred is not considered to be economically significant in the context of the business (i.e., it does not carry significant profit potential), the transferor would OECD Guidelines, paragraph B.1. 9.14. We would also expect the CRA to analyse whether a transfer of assets occurred (for example, in the form of machinery, processes, and supplier/customer relationships), and, if so, whether the Canadian entity should be compensated for this transfer. 7 The OECD indicates that it will also be important to consider the allocation of risk in any comparable transactions that can be identified. 8 OECD Guidelines, paragraph B.2.2.1, 9.23. 5 6 Spencer Cotton, CA, CBV, Partner [email protected] 600 – 925 West Georgia Street Vancouver BC Rosanne Terhart, CA, CFE, Senior Manager [email protected] 604 688 5421 www.bdo.ca BDO Canada LLP, a Canadian limited liability partnership, is a member of BDO International Limited, a UK company limited by guarantee, and forms part of the international BDO network of independent member firms. BDO is the brand name for the BDO network and for each of the BDO Member Firms. 22 ica.bc.ca Nov/Dec 2012 not generally accept a lower post-transfer profit potential.9 For example, a contract research and development service provider would not be likely to accept a lower return if an associated enterprise is willing to bear foreign exchange risk on its behalf, particularly if, historically, this risk has not been material. Canadian guidance Canadian transfer pricing rules are found in section 247 of the Income Tax Act (Act). Per these rules, Canadian taxpayers involved in cross-border transactions with a non-resident related party are required to transact under the terms and conditions that would have prevailed had the associated enterprises been dealing at arm’s length. While the Act (or any other CRA publication for that matter) does not specifically cover the transfer pricing implications of a business restructuring, the definition of a “transaction” or a “series of transactions” in s.247(1) is broad enough to cover business restructurings. In addition, the CRA’s administrative guidance references OECD guidance. If it is found that the intercompany dealings of a Canadian taxpayer did not transpire as those between arm’s-length parties would have, the CRA may adjust the terms and conditions of the transaction(s) or allocations to reflect those it believes would have transpired between arm’s-length parties. In limited circumstances, the CRA may also adjust the nature of the transactions—essentially “looking through” the business restructuring to recharacterize the transactions and construct an allocation of the functions, assets, and risks that it believes would occur in an arm’s-length situation.10 In our experience, the CRA has most often challenged business restructurings on the grounds that the entity in the lower-tax jurisdiction had neither the ability to control the risk nor the financial capacity to assume the risk (risks such as those related to intellectual property ownership and research and development programs). In such situations, the taxpayer would be expected to provide evidence that each associated enterprise has sufficient expertise and financial capacity to control and bear the allocated risks. Key takeaways The CRA supports the OECD’s view that it is necessary to review a business restructuring holistically. When reviewing the allocation of risks in the context of a business restructuring, it is not only important to review the contractual assignment of risk, but also the economic substance of the arrangements pre- and post-restructuring in the context of the wider business. Each associated enterprise should be able to clearly demonstrate that it is capable of controlling and bearing any risks allocated to it as part of the restructuring. The recent commentary from the OECD suggests that it is not necessary for a party to directly perform all of the functions related to managing its risks, but that it must be able to control these risks (and to monitor and assess the activities of any third party that performs day-to-day functions related to managing these risks) in order to support earning the economic returns associated with them. Savia D’Souza, SA Fin, and Jennifer Paul, MA Economics, are managers with Deloitte Canada’s national transfer pricing group in Vancouver. Helping future CAs Have you ever wondered how you could help students who are interested in becoming members of our proud profession? Consider donating to the CA Education Foundation (CAEF). The CAEF is a registered charity established by the BC Institute of CAs to support the endeavours of current and future CAs. One of the Foundation’s important activities is to ensure that scholarships are available to students at universities and colleges in BC. Currently there are more than 30 scholarships available each year, all of which go to students who’ve indicated their intentions to become CAs. There are different ways to donate: • General donations – Mail, fax, or drop off a donation at the ICABC’s offices in downtown Vancouver. • Planned giving – Include the CAEF in your will. • Giving in memoriam – Make a gift in honour of a colleague or family member. • Matching scholarship program for CA firms and associations – Participate in the CAEF’s matching program. Please visit the CA Education Foundation’s website at www.caef.bc.ca for more information. OECD Guidelines, paragraph 9.41. The CRA also has the ability to apply the provisions of the general anti-avoidance rule (GAAR) at s.245 of the Act; however, the threshold for the CRA to apply GAAR is considerably higher than the threshold to apply the transfer pricing recharacterization provisions of the Act. 9 10 Nov/Dec 2012 ica.bc.ca 23 PD News New: ASPE: A Comparison to IFRS This seminar will examine the major differences between the accounting standards for private enterprises (ASPE) and those for publicly accountable enterprises (IFRS). Participants will learn about the impact of current developments, and about one-time considerations on transitioning. Nov 19, 9am-5pm, Vancouver FALL 2012 PD PROGRAM For detailed course descriptions or a complete schedule of upcoming PD seminars, consult your fall 2012 PD catalogue or visit our website at www.icabc-pd.com. To register, call the PD department at 604-681-3264. PD Conference Day CAs in Industry Day Our popular conference day for members in industry is back with plenary sessions on the economic outlook and demographic changes, as well as breakout sessions on financial performance, technology tools, motivation, and tax and accounting updates. December 11, 8:30am-5pm Vancouver Convention Centre West Accounting & Assurance Accounting Update for CAs in Industry This seminar is designed to review recent revisions to the CICA Handbook, with emphasis on Accounting Standards for Private Enterprises Part II. It will also cover (in less detail) Accounting Standards for Not-for-Profits - Part III, and include an outline of the changes in IFRS. Dec 5, 1:30-5pm, Vancouver ASPE: The Transition Are you looking for more guidance on how to make the transition to ASPE and all the required decisions? This seminar is all about the transition, and will include discussion and examples. Dec 3, 1:30-5pm, Vancouver 24 ica.bc.ca Nov/Dec 2012 Assurance & Accounting Issues for Public Companies This seminar is designed to help practitioners in small and medium-sized firms address assurance and accounting issues specific to public companies (particularly venture companies). It will also provide accountants and managers of public company financial statements with insight on the unique assurance and accounting issues faced by public companies. Nov 21, 9am-5pm, Vancouver Effective Use of Analytical Procedures This seminar will explore the various available analytical procedures and application techniques participants can use to maximize the effectiveness of audit or review work while continuing to meet the requirements of the profession. Nov 27, 9am-12:30pm, Vancouver File Review Methodologies This seminar will emphasize the relationship between the review process and the requirements for engagement file reviews under the Canadian auditing standards. It will discuss the different approaches needed in the various review roles as a result of the CSQC 1 quality control requirements. Dec 12, 9am-5pm, Vancouver Financing Strategies The objective of this seminar is to provide an in-depth review of the various forms of financing used to fund capital projects and acquisitions, or to restructure an existing capital structure. These various forms of financing include operating lines, term debt, subordinated debt, and private and public equity. Nov 23, 9am-5pm, Vancouver Nov 28, 9am-5pm, Victoria Fraud Happens! What to Do When You Suspect Fraud You don’t encounter fraud every day. This seminar, taught by an experienced fraud investigator, will provide you with the basic skills needed to react to allegations of fraud in an efficient and effective manner. Dec 4, 9am-5pm, Vancouver Internal Control for Small Audit This seminar will provide guidance on how to apply the best practice approach of “Top Down and Risk Based” to effectively evaluate and document internal controls. Participants will learn why the traditional “Bottom-Up” approach to internal control evaluation is often less than effective. Nov 16, 9am-12:30pm, Vancouver Upcoming IFRS Seminars: •A Survey of Standards - Dec 11-12 •Accounting for Financial Instruments - Dec 7 •Accounting for Income Taxes under IAS 12 Dec 10 •Fair Value Measurement - Nov 29 •Financial Statement & Note Disclosure Nov 21-22 •Focus on PP&E, Intangible Assets, and Impairment of Assets - Nov 16 •Interim Reporting - Dec 3 •IFRS on a Need-to-Know Basis - Dec 5 •Real Estate - Nov 30 •Resource Exploration & Mining Industry Basics - Dec 10 Management Clear Thinking/Clear Speaking If you’d like to be one of those people who always seems to say the right words, at the right moment, consider taking this course. This seminar will help you learn to respond to questions effectively, speak up at meetings, and even feel more comfortable in social situations. Nov 20, 9am-5pm, Vancouver New: Communicating Like a Champion The objective of this seminar is to teach participants the new language of “Strategic Emotional Expression.” Using communication techniques applied by award-winning actors and successful politicians, attendees will learn how to make meaningful connections with co-workers and clients, and how to gain people’s trust. Nov 29, 9am-5pm, Vancouver New: Developing Resilience and Hardiness at Work It is surprisingly easy to hide and/or ignore depression in the workplace, but doing so can drain your bottom line and cause untold pain and misunderstanding. Learn how depression shows up in the workplace, what you can do to support individuals who are dealing with depression, and how to reduce the impact of depression on productivity. Nov 19, 9am-5pm, Vancouver Enhancing Your People Skills To be successful professionally, you must establish effective and long-lasting relationships, and have the ability to influence others. This one-day course will focus on techniques, strategies, and principles you can apply to your relationships with co-workers, clients, and people outside of work. Nov 14, 9am-5pm, Vancouver Excel Boot Camp This intensive two-day program is designed to take experienced, self-taught users to the next level. It will provide real-world examples developed by accountants for accountants, and cover features found in Excel 2003, 2007, and 2010. Nov 26-27, 9am-5pm, Vancouver Top Employment Issues Affecting Your Bottom Line This half-day seminar will provide an overview of the top employment issues that materially affect the bottom line, including recent developments in workplace law. It will benefit anyone working in public practice or industry who deals with employment issues. Nov 15, 9am-12:30pm, Vancouver Income Tax Issues for the File Preparer Accountants who prepare files and income tax returns often see the issues, problems, and opportunities first. The ideal participant for this course is a technician, para-professional, newly qualified accountant, or staff accountant who has general income tax knowledge. Planning, problems, and approaches will be emphasized. Nov 14, 9am-5pm, Vancouver Smarter Communication We need to express our ideas and opinions as clearly and convincingly as possible. This workshop will help you get organized quickly and deliver your message clearly and memorably, while making your communication more relevant and helpful for your listeners. Nov 27, 9am-5pm, Vancouver Income Tax Planning Refresher for Corporate Tax This is a refresher course for those who want to update their knowledge about the various taxes and tax-planning activities that affect corporate taxpayers. At the end of the two days, participants should have a good understanding of the taxes that affect corporations. They should also be in a position to identify tax planning opportunities for corporate taxpayers. Nov 9-10, 9am-5pm, Victoria Nov 16-17, 9am-5pm, Abbotsford Nov 23-24,9am-5pm, Vancouver New: Work Vs. Personal Life: Rethinking the Balance Questions How can you get a better balance between your work hours and your personal hours? This course will offer you some very specific and practical next steps to take. Be ready for a provocative, stimulating day that will help you reach your own conclusions about work/life balance. Nov 16, 9am-5pm, Vancouver Taxation Excel PivotTables for Accountants This session will include such topics as drag-anddrop pivoting, grouping and ungrouping, creating calculated items and fields, and drilling down to underlying details. PivotTables consolidated from multiple ranges will also be covered, along with PivotTables dynamically linked to external databases and financial accounting systems. Nov 28, 9am-12:30pm, Vancouver Managing Yourself – Quantum Leaps This day is about dramatically improving your self-management skills. It will draw from quantum physics, neuroscience, positive psychology, and management theory. You will examine how this technology applies to your past experiences, and how you might use it differently in the future. Nov 15, 9am-5pm, Vancouver PDF Documents – What Accountants Need to Know Understanding how to use PDFs effectively is rapidly becoming a necessary business skill, especially as more and more organizations migrate to paperless environments. Don’t miss this opportunity to learn a full range of skills for working with PDF documents. Nov 28, 1:30-5pm, Vancouver Advanced Personal Cross-Border Issues This seminar will provide an in-depth look at the following issues: Canadian departure tax rules; returning former residents of Canada; social security and payroll tax; withholding taxes on payments to non-residents of Canada pursuant to Regulation 105; US estate and gift tax; US expatriation tax; and the personal taxation of hybrid entities such as S corporations and US limited liability corporations. Nov 20, 9am-5pm, Vancouver Annoying Basics of Tax For many newly qualified CAs, one of the main challenges is transitioning from the knowledge of what can be done to the execution of what needs to be done. The best laid plans can fail when the correct paperwork is not filed with the CRA. This is truly a case where the devil is in the details. This seminar will help participants develop a practical approach to dealing with day-to-day tax requirements. Dec 13, 9am-12:30pm, Victoria New: Knowing Your Rights, Your Risks, and Your Obligations During Audits and Criminal Investigations Being the target of an audit or criminal investigation by the CRA can be unnerving. The presentation will provide an overview of an investigation from start to finish, and will discuss the penalties and criminal sanctions that may be imposed on both clients and their advisors when things go wrong. Nov 15, 7:30-9:30am, Vancouver RRSPs and TFSAs – Overview and Recent Developments As the number of Canadians who have created RRSPs and TFSAs continues to grow, it’s important to understand the tax issues arising from these investments. This breakfast seminar will review the types of property that can be held in RRSPs and TFSAs, as well as the restrictions on these investments, with particular focus on recent changes to the Income Tax Act. Nov 29, 7:30-9:30am, Vancouver US Real Estate – Personal Investment: Canadian and US Tax Implications This course will provide a basic understanding of the various Canadian and US tax issues that arise on the acquisition, ownership, and disposition of US real estate by individuals resident in Canada. Nov 22, 9am-12:30pm, Vancouver Nov/Dec 2012 ica.bc.ca 25 Plugged In: News for and about members & students Announcements Congratulations! Wayne Audette, CA, was recently elected president of the Probus Club of Vancouver by the chapter’s 400 members. The Club was formed by, and for, retired and semi-retired professionals and business people who meet each month for fellowship, and to learn from guest speakers. There are 28,000 Probus members in Canada, and more than 300,000 worldwide. Norm Daley, CA, and the team at Daley & Company LLP in Kamloops made the news recently after catching a giant white sturgeon during a team-building fishing trip on the lower Fraser River. It took a team effort and more than 50 minutes to reel in the fish, which was measured at 11 feet, 8 inches long. It’s estimated that the sturgeon weighed 1,000 pounds and was more than 100 years old. The fish was subsequently tagged and released, in keeping with BC’s conservation regulations. Don Thomson, CA, has been reappointed to the International Ethics Standards Board for Accountants (IESBA) for a three-year term, effective January 1, 2013. The IESBA is an independent standard-setting. Its members are appointed by the board of the International Federation of Accountants (IFAC), and approved by the Public Interest Oversight Board. Thomson has been with Grant Thornton LLP and its predecessor firms since 1977, and is currently the firm’s national managing partner of quality, based in Vancouver. He is also a past chair and member of Canada’s Auditing and Assurance Standards Board. Two CAs to Receive BC CEO of the Year Awards As announced in October, David Schellenberg, CA, and Nolan Watson, CA, are among the six industry leaders who have been chosen to receive the first BC CEO of the Year Awards. Schellenberg is the CEO of Conair Group and Cascade Aerospace. Watson is the CEO of Sandstorm Gold Ltd., and was profiled in the September 2012 issue of Beyond Numbers as a recipient of the Queen’s Diamond Jubilee Medal. The CEO awards were established by Business in Vancouver and MacKay CEO Forums to identify outstanding leaders of private and public organizations. Criteria for the honourees in the inaugural competition included vision and strategy, financial performance, people development, innovation, and social responsibility. The recipients will be honoured at an awards dinner on November 20, 2012. PRL Notice – Cancelled Licences Pursuant to its meeting of September 27, 2012, the Practice Review & Licensing Committee announces that the following firms are no longer in public practice under these names: Firm Name City C Stephen Hodson CA Langley Charles Shier, CA Victoria Charvine Adl, Chartered Accountant Richmond Craig Whyte, Chartered Accountant Burnaby Darryl J. Parsons Ltd. Langley David L Tindall CAGrand Forks H.A. Benson Inc. Mission J. Scott Bond, CA Kamloops Kapil & Company West Vancouver Laurie Pettijohn, CA Trail J. Morash & Company Inc. Kelowna 26 ica.bc.ca Nov/Dec 2012 FVCAA Presentation Series The Fraser Valley CA Association is pleased to announce the following events: January 3, 2013 Family Law Karen McNeilly, LL.B., RDM Lawyers February 7, 2013 Accounts Receivable Insurance David Newstead, Euler Hermes ACI March 7, 2013 US Voluntary Disclosure and CrossBorder Topics Viviane Barber, CA, CPA (Washington), Facet Advisors, LLP For more information, visit www.fvcaa.ca or contact FVCAA coordinator Laurie Daschuk at 604-850-5085/[email protected]. Volunteer Wanted Name: Concordia Lutheran Mission Society Seeking: Director/treasurer The Concordia Lutheran Mission Society (www.concordiamissions.org) raises funds to support the overseas missions of Lutheran Church-Canada. The Society is seeking a new director/ treasurer to replace William W. D. (Bill) Andrew, CA, who will be stepping down after six years (the Society’s bylaws limit terms to a maximum of six consecutive years). Contact: Bill Andrew, CA, at [email protected] or 250-287-8047. Nominate a future president Think you know a CA who could lead the ICABC through a constantly evolving environment? Nominate them for future presidency! We’re looking for CAs who are dynamic leaders and front-runners in their professions and communities—CAs who have the ability to inspire others. The candidate chosen by Council will be appointed third VP of the ICABC in early 2013, and must seek election to Council if they are not already a Council member. If the individual is elected, it is anticipated that they would subsequently be appointed second VP in June 2013. Then, provided that they remain an elected member of Council, it is anticipated that they would be appointed first VP in 2014, and president in 2015. Nomination steps: •Submit a nomination form. Forms are available on the ICABC website at www.ica.bc.ca under Member Centre>Forms>Member Recognition/Nomination Forms>Presidential Nomination Form. You can also access the form by direct link at www.ica.bc.ca/pdf/ presidentialnominations.pdf, or by contacting Sandy Parcher, the manager of the Executive Office, at [email protected] or 604-488-2602. •Be aware that candidates, proposers, and seconders must be members in good standing with the ICABC. •Tell us why you think the nominee should be considered for election to the ICABC presidency. Please note: Candidates should have demonstrated leadership in one or more of the following areas: The work of the British Columbia or Canadian Institute The pursuit of his/her career Voluntary service (with business, charitable, civic, community, political, or professional organizations) Research, teaching, writing, or speaking on professional matters •Make sure the nominee will accept the position if selected. Nomination forms should be marked “Confidential” and addressed to: Attn: Chair of the Presidential Nominating Committee c/o Chartered Accountants of BC Suite 500, One Bentall Centre 505 Burrard St, Box 22 Vancouver, BC V7X 1M4 All nomination forms must be received at the ICABC office by Friday, November 30, 2012. Nov/Dec 2012 ica.bc.ca 27 Member Profile Finding a New Voice: Shan Thomas, CA By Michelle McRae Shan Thomas, CA (right), with friend and colleague Moira Bryans, CA, on Bowen Island this summer. A s the busy fall PD season got underway in September, a number of members contacted the Institute to ask if Shan Thomas, CA—one of the Institute’s most popular PD instructors for the past 20 years—would be teaching any seminars this season. Given the intense interest in her courses and her outstanding contributions to CA education, we wanted to explain why Shan’s name doesn’t appear in the latest PD catalogue. We also wanted to share some of her inspiring story. “As some of my course participants know, I developed a vocal cord disability a few years ago,” Shan explains. “It was ultimately diagnosed as ‘Abductor Spasmodic Dysphonia,’ a neurological condition for which there is no cure.” After the initial onset of the disability in 2007, Shan’s condition worsened over an 18-month period before finally stabilizing. “On any given day, there is a fluctuation in voice quality that, for the most part, seems to be independent of any specific factors,” she says. “Some days are just better than others.” Recognizing the limitations of her vocal condition, Shan began to scale back her teaching engagements. 28 ica.bc.ca Nov/Dec 2012 “Moira Bryans and her team in PD were incredibly supportive and helpful as I scaled back further and further,” she says. After teaching for only a few days in each of the past two years, Shan officially resigned as a PD instructor this summer. “Having a strong, confident voice is something I always took for granted,” she says. “It turns out that having a vocal disability can be unexpectedly limiting. Now that my voice is weak and breathy, I’ve discovered that people react in different ways. Some interpret it as me being anxious or nervous (nope—not after all those years of teaching!), or that I am somehow doing it deliberately (nope), or that it indicates that I have a reduced mental capacity (well, maybe over the years, but not voice-related!). Words starting with the letter ‘h’ are the most difficult, so I try to avoid saying them—not exactly easy when you’re teaching a Handbook Update course!” Though her sense of humour is firmly intact, Shan admits that the disability has turned her world upside down. “Before the onset of this condition, I was exactly where I wanted to be in terms of my career,” she says. “I was a PD instructor in accounting and auditing in BC, as well as a facilitator of several conferences. My teaching load was an almost even mix of scheduled Institute PD courses and ‘in-house’ custom courses, which are also done via the Institute, but allow for more customized and private sessions. Clients for these sessions included: Telus, BC Ferries, the Auditor General of BC, the Ministry of Finance, as well as numerous CA firms wanting to hold private PD sessions. I had planned to continue to teach, and gradually reduce teaching as I moved into the next phase of my life.” It was a logical plan for someone who’d been passionate about teaching for almost 30 years. Shan actually began her teaching career at the high school level in the Okanagan before earning her CA designation in 1986. Almost immediately after becoming a CA, she began teaching UFE prep courses for the School of Chartered Accountancy (the precursor to the CA School of Business). She continued to teach over the coming years, while also raising a family and maintaining a successful career in public practice, which included the launch of her own Summer Watch I (2012) Summer Watch II (2012) firm in 1989. By the time she sold her practice in 1999 to begin working in industry, she had already been teaching for the Institute’s PD program for several years. Shan says she could no longer avoid the reality of her disability when course evaluation commentary began to indicate that participants were having a hard time understanding her speech. For someone who’d enjoyed stellar feedback throughout her teaching career, it was a tough blow. “There is a tremendous amount of goodwill and support for me out in the CA community, for which I have been very grateful,” she says. “However, from the perspective of participants, it is hard enough to stay focused in a technical content course without the added challenge of a delivery that is difficult to understand—including missing pieces of words, and variable volume. It took a long time for me to admit that my Dysphonia was irreversible, and that my chosen career was permanently curtailed. But, gradually and reluctantly, I had to admit that I was no longer capable of doing this job.” Rather than be defeated by her circumstances, however, Shan ultimately saw an opportunity to create a new path for herself. “In the serendipitous way that things happen in life, I began to look for non-voice dependent avenues, and ended up looking at my life, and my love of art,” she says. “Art has been a lifelong hobby. I’d previously explored and enjoyed it informally, via part-time courses and workshops, but I suddenly saw an opportunity to pursue it more seriously.” Shan started taking courses at Langara College, and then transferred to the Emily Carr University of Art and Design (ECU), where she is now in the third year of a bachelor of fine arts degree, with a focus on painting and drawing. Most recently, she was accepted into the ECU’s exchange program for third-year students, which will enable her to spend the January-June 2013 semester studying in Valencia, Spain. (Learning Spanish is now on the agenda.) “I had forgotten how much work it is to be a student!” she laughs. “But I feel so very lucky to have this whole new world opening up. Art, for me, was always the pathway not chosen in my life. Now I think of it as ‘my new voice.’” Looking back, Shan says she has nothing but fond memories of teaching in the CA profession. “I have so loved my time teaching with the Institute, working with the PD department, and having the opportunity to meet and learn from—and connect with—so many people over the years,” she says. “It was great, and I know I will miss it. I hope to stay in touch, though. And from now on, I will enjoy being a participant in PD instead of an instructor!” Shan holds a bachelor of science (biochemistry and cell biology) and a teaching certificate (secondary school) from the University of British Columbia, and a master’s degree in microbiology from the University of Northern Colorado. Now that their four children have left home, she and her husband Craig live on their boat “Alegria” (“happiness” in Spanish) with their flat-coated retriever “Lex.” Moving onto the boat, which they moor either in False Creek or Snug Cove, was the fulfilment of a lifelong dream. “Shan’s name has been synonymous with excellence in accounting education in BC for two decades,” says Moira Bryans, CA, director of PD for the ICABC. “It would be hard to imagine how many CAs throughout the province have benefited from her expertise and instruction over the hundreds of courses she has taught. Her exceptional abilities as a lecturer are warmly remembered by the many students and members she taught and mentored. She will be greatly missed by her fellow instructors, colleagues, members, and the PD team. We wish her every success in her new vocation and look forward to attending her first art show soon!” Nov/Dec 2012 ica.bc.ca 29 ICABC Annual Golf Tournament Recap By Ben Moxon, CA T he 53rd annual ICABC Golf Tournament took place on Thursday, September 13th, on a perfect day in Vancouver. One hundred and eight CAs and their guests had a chance to play either a regular or scramble format, and contend for trophies in each category. The University Golf Club continues to maintain the excellent condition of its course, and everyone had a great afternoon of golf and camaraderie, followed by cocktails, dinner, and prizes. Similar to prior years, we were fortunate to have many generous sponsors donate prizes to the event. As a result, the prize table was packed with excellent items, and no one left empty-handed. Particular thanks go to the firm Heming, Wyborn and Grewal for donating a beautiful art print by accomplished marine artist Robert McVittie. Draws were also done for a top of the line TaylorMade driver, a $1,000 gift certificate for Hyak Wilderness Adventures (donated by Davidson & Co), and box seats for the Odlum Brown Vancouver Open (donated by Floyd Hill, CIM, of Odlum Brown). Richard Rees, FCA, our Institute CEO, was there to present the trophies and prizes and to offer congratulations. Next year’s tournament is set for Thursday, September 12, 2013. Mark it in your calendar! Ben Moxon, CA, the founder and owner of Moxon Personnel Ltd. in Vancouver, has been the organizer of the ICABC Golf Tournament since 1989. Richard Rees, FCA (centre) presents the trophy for Team Low Gross to (from left): Dave Chucko, FCA; Kathryn McGarvey, CA; Andrew Clarke; and Kevin Isomura, CA Richard Rees, FCA, congratulates Gary Wozny, CA, winner of the Low Gross Score – Men’s over-55 trophy. Davin MacLennan, CA; John Keserich, CA; Yad Garcha; and Patrick O’Flaherty, CA, take home the trophy for Team Low Scramble. 30 ica.bc.ca Nov/Dec 2012 Richard Rees, FCA, presents Kevin Isomura, CA, with the Low Gross Score Men’s over-40 trophy. Kathryn McGarvey, CA, receives the award for Women’s Low Gross Score. Shawn Campbell, CA, receives the award for Men’s Low Gross Score. The ICABC Member Recognition Program Classifieds MERGER OR SUCCESSION OPPORTUNITY Successful mid-size Vancouver-based firm is looking to expand through succession or merger opportunities throughout the Lower Mainland. Reply in confidence to: [email protected]. SUCCESSION OR RETIREMENT PURCHASE Downtown Vancouver multi-partner firm is looking to expand by assisting with your retirement or succession plan. Please reply to: [email protected]. Some of our 2011/2012 award winners, photographed by Kent Kallberg Studios Ltd. Do you know a CA who has gone the extra mile in the community, made an exemplary contribution to the profession, or achieved outstanding success early in his or her career? Acknowledge their achievements by nominating them for an ICABC award! You can nominate a colleague for: Fellowship (FCA) Lifetime Achievement The Honorary CA Designation Early Achievement Community Service Ritchie McCloy Award Nomination deadlines: • Fellowship, Lifetime Achievement, Honorary CA: Now closed • Early Achievement: January 31, 2013 • Community Service: January 31, 2013 • Ritchie McCloy Award: January 31, 2013 Nomination forms Forms are available on the Institute website at www.ica.bc.ca under Member Centre/Forms and Dues/Member Recognition/Nomination Forms. Nov/Dec 2012 ica.bc.ca 31 At Your Service KNV is Pleased to Announce the Following Promo�ons to Manager Michael Cook Jr., CA Natalya Kontsedalova Chris Schaufele, CA Mark Vleeming, CA The KNV Team is s�ll ac�vely looking for great players. 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To reach almost 10,000 BC CAs and CA students, contact your account rep today for current rates and deadlines. ADVERTISING IN PRINT T: 604.681.1811 • F: 604.681.0456 E: [email protected] Employment MANAGER FINANCIAL REPORTING BUSINESS ANALYST NATURAL RESOURCES INDUSTRY DIRECTOR OF FINANCE EXPERTISE AND EXPERIENCE Join a top Canadian Real Estate organization Enhance company performance Be a leader Working closely with the Director of Finance, you will work in the heart of the business, involved in all aspects of reporting and financial statement preparation. You are a talented CA and will add significant value to the company. Reporting to the Operations Controller and working closely with senior VPs you will be responsible for developing and improving complex financial models for forecasting while evaluating key trends in the business. In addition, travel to the operations will be expected occasionally to implement new processes and procedures. An amazing opportunity to join a privately owned company that is one of the most well established businesses in the Fraser Valley area. Key requirements include a solid understanding of audit and assurance gained from a leading public practice with significant exposure to publicly traded organizations on the TSX. You are a CA with over two year post designation experience and have a good understanding of IFRS and building financial models. You will be a strong communicator and thrive in a fast-paced, deadline-driven environment. You will be participating in the development and execution of financial reporting, business strategies, internal control, treasury, cash management and risk management. You will also be involved in dealing with internal and external stakeholders. You will bring leadership experience, hold an accounting designation and have previous experience in a similar financial role preferably in the manufacturing industry. Contact us today! Learn more! Talk to an Expert! Tim Pearson: (E): [email protected] (T): 604 648 4281 Samuel Morris: (E): [email protected] (T): 604 648 4308 Randhir Hundai: (E): [email protected] (T): 604 648 1683 hays.ca hays.ca hays.ca Assurance Manager & Seniors D+H Group LLP is recruiting an Assurance Manager to work with publiclytraded companies and Assurance Seniors to work with privately-held and/or publicly-traded companies. This is your opportunity to impact the Assurance Team at D+H Group LLP. Working with our Senior Managers and Partners, you will deliver high quality services to our clients. As an Assurance Manager or Assurance Senior, you are responsible for working directly with partners and senior managers to comply with professional standards, appropriately assess risk issues, and provide quality services in a timely and cost effective manner. Your responsibilities include developing the professional and technical skills of our staff accountants. Requirements: Manager: a qualified CA with 1 to 3 years of recent Canadian experience as an Assurance Manager working with publicly-traded companies Senior: a qualified CA with 1 to 2 years of recent Canadian experience as a Senior working with publicly-traded companies Senior: a qualified CA with 1 to 2 years of recent Canadian experience as a Senior working with privately-held companies Position offers excellent advancement potential and competitive compensation. Flexible work arrangements available. Send your resume and cover letter to [email protected]. + DHgroup.ca 604 731 5881 [email protected] A B.C. Limited Liability Partnership of Corporations Nov/Dec 2012 ica.bc.ca 33 For the Profession New Members in Industry Online Resource Centre Launches By David Chiang, CA, CIA, CMC O n November 21, 2012, the Canadian Institute of CAs will be launching its new Members in Industry Online Resource Centre, which will provide CAs in industry with a valuable support system. Created in conjunction with provincial and territorial CA institutes/Ordre, the Members in Industry (MII) Online Resource Centre is intended to become the “go to” place for MII resources, including publications, webinars, online content, and other tools on selected topics designed to help those of you in industry manage your organizations and your careers. The MII Online Resource Centre has been divided into two key categories: “Managing My Organization” and “Managing Myself and Others.” Within these categories, you’ll find relevant information on everything from technical issues to soft skills—including: •Financing; •Strategic planning; •Governance; •Financial reporting and analysis; •Information technology; •Business compliance; •Leadership skills; •Career planning; •Work/life balance resources; •Diversity in the workplace; and •Communications. 34 ica.bc.ca Nov/Dec 2012 As the category names indicate, you will find relevant and current information on enterprisewide financing and operational activities in the Managing My Organization section. For example, under “Finance Activities,” you’ll find information on how to finance corporate growth, as well as resources for applying the accounting standards; under “Operational Activities,” you’ll find publications, webinars, and other resources on information technology and privacy issues. In the Managing Myself and Others section, you’ll find resources to help you enhance your management and soft skills. For example, you’ll find online career planning tools in this section, as well as tools for team building and leadership. “The primary goal of the Resource Centre is to help CAs in industry achieve professional excellence, and provide members with additional tools to position them as organizational leaders,” says Carol Gubisi, CA, the CICA’s principal and national practice leader for finance and management, and the project manager for the MII Online Resource Centre. “We are tremendously excited that members will now have access to this valuable information.” The MII Online Resource Centre will go live on November 21, 2012, at: www.cica.ca/finance-and-management. User feedback will prove invaluable to the Resource Centre’s effectiveness. By sharing your feedback on current and future topics, you will help ensure that this toolkit not only becomes the preferred “go to” resource for CAs industry, but that it also continues to evolve to meet your needs. David Chiang, CA, CIA, CMC, is the senior director of Member Services at the ICABC. C M Y CM MY CY CMY K The CA Member Savings Program Save 20% on Quicken Home & Business. Subscribe to the ProAdvisor program and get QuickBooks Premier Accountant Edition 2012. Up to 35% off your FedEx Express® shipments. Save up to 20% off the web price on a variety of top products such as ThinkPad and IdeaPad laptops, and IdeaCentre desktops. Preferred pricing on high-quality custom frames for members. Save 10% off Porter Airlines' Flexible & Freedom fares. Receive discounted parking rates across Canada at all Park’N Fly locations. Save 5-15% on daily, weekly and monthly rates. Save 35% off Wiley publications when your order from Wiley.ca. Visit camembersavings.ca Take advantage of these offers and more including the Utility Company, Hyundai, Brooks Brothers and VIA Rail Canada. Sign up for the Member Savings Alert to be notified of new and exciting offers! Nov/Dec 2012 ica.bc.ca 35 Our Vancouver tax law team. You can count on our advice. When it comes to resolving legal tax issues, our greatest strength is our people. We take an integrated approach to providing practical solutions that achieve bottom-line results for our clients. As recognized leaders in the area of tax law, our expertise in corporate and personal tax, tax litigation, sales tax, resource taxation, cross-border and international tax planning will help to drive your success. 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