Tax, Accounting and Finance (CPE)

The Securities and Exchange Commission’s (SEC) recent investigation on the alleged accounting fraud committed by Synchronoss Technologies, Inc.

The Internal Revenue Service (IRS) continues to intensify its enforcement initiatives on delinquent taxpayers through the new issue-focused approach.

As organizations across industries look for new ways to reach customers, many have turned to easily activated ecommerce channels or have begun to sell through third-party marketplaces.

The London Interbank Offered Rate, most popularly known as LIBOR, is one of the most important interest reference rates in the world. However, for several years, LIBOR has been hounded by many challenges and controversies.

Several significant changes continue to shape federal income tax regulation.

The aggressive focus against tax evasion and other criminal activities around the globe is likely to continue. In the U.S., the crackdown on taxpayers who fail to report offshore financial assets and accounts remains to be a top priority for the Internal Revenue Service (IRS) Criminal Investigation Department, including non-compliant virtual currency that should be disclosed under the expanded cryptocurrency reporting.

Patent investigations brought under International Trade Commission (ITC) have seen an upward trend in recent years. Consequently, as several types of products and components are imported in the U.S., an increase in patent litigation is also expected – a scenario that may put a large number of U.S. companies and their consumers at risk.

In today's ever-evolving market economy, proper financial planning and effective risk prevention practices for businesses have been more crucial than ever. With distressed debts becoming more rampant, workouts and restructuring measures should be given more focus. Furthermore, significant court rulings under Chapter 11 of the bankruptcy code must also be followed to avoid future litigation that could result in claw-backs and fraud claims.

The Foreign Account Tax Compliance Act (FATCA) landscape has been evolving in recent years. With the Internal Revenue Service’s (IRS’) and the U.S. Treasury Department’s continuous efforts to clamp down tax evasion and other criminal activities, complex reporting requirements have been instituted and several FATCA guidance have been released. Thus, significantly shaping this area of law.

Lost profits are one of the most important factors of a plaintiff's claim. It is also among the most challenging types of damages to prove and is often vulnerable to attacks. As complex changes on the regulatory landscape occur, calculating and proving lost profits have become necessities that business owners must understand.

The shifting regulatory paradigm and emerging developments in federal tax laws confront companies with increased scrutiny on their tax planning practices. As the U.S. International Revenue Service (IRS) intensifies its enforcement initiatives, compliance has become more challenging and complex than ever. Thus, making companies more vulnerable to tax controversies. Failure to address and mitigate potential tax issues could mean hefty penalties. 

Transfer pricing presents notable challenges and opportunities for multinational entities. Significantly, the rising disputes and sweeping impact of recent tax reforms have continuously reshaped its regulatory landscape and resulted in an intensified scrutiny. However, with a keen understanding of and proper compliance with the rules, transfer pricing can be substantial in positioning a business both locally and globally.

In August 2019, the American Institute of CPAs (AICPA) issued an Accounting and Valuation Guide for investment companies entitled, "Valuation of Portfolio Company Investments of Venture Capital and Private Equity Funds and Other Investment Companies". The guide provided non-authoritative recommendations and considerations when preparing and auditing financial statements. It also sought to explain fair value measurement in accordance with Accounting Standards Codification (ASC) 820 and 946.

The introduction of the Foreign Account Tax Compliance Act (FATCA) by the U.S. and Common Reporting Standard (CRS) by the Organisation for Economic Co-operation and Development (OECD) had significantly affected the compliance process of financial institutions around the globe. With the various FATCA/CRS reporting challenges that continue to hound these organizations, coupled with the COVID-19 disruption, it has been a struggle to remain compliant.

Despite deadline extensions and a challenging environment caused by the COVID-19 outbreak, the Internal Revenue Service (IRS) continues its strict tax enforcement. Audit activity is expected to be more aggressive as governments grapple to cover the current budget deficit and falling revenues. However, businesses facing assessments or controversies may be able to settle cases more favorably under the present financial crisis.