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Financial Institutions and Banking News

Federal Reserve focuses on emerging risks

Late last year, the Federal Reserve released its inaugural Supervision and Regulation Report. The report is designed to summarize banking conditions and the Fed’s supervisory and regulatory activities.

Worth Noting

Here are some highlights from the report:

Banking system conditions. The Fed reports that the U.S. banking system is generally strong, that loan growth remains robust, that the volume of nonperforming loans has declined over the last five years, and that overall profitability is stable. Banks continue to maintain high levels of quality capital and have significantly improved their liquidity since the financial crisis.

Large financial institution (LFI) soundness. According to the report, the safety and soundness of LFIs continues to improve. Capital levels are strong and significantly higher than before the financial crisis. Recent stress test results demonstrate that LFIs’ capital levels would remain above regulatory minimums even after a hypothetical severe global recession.

Regional and community banking organization liquidity risk. The Fed reports that most regional banking organizations (RBOs) and community banking organizations (CBOs) are in satisfactory condition, and that 99% are “well capitalized.” Although liquidity risk is generally low or moderate for RBOs, examiners have observed some deterioration of liquidity positions.

The Fed also has identified opportunities for improving RBO risk management. In 2019, the Fed’s RBO supervisory priorities include:

  • Credit risk (concentrations of credit, commercial real estate [CRE] and construction and land development, and underwriting practices),
  • Operational risk (merger and acquisition risks, IT, and cybersecurity), and
  • Other risks (sales practices and incentive compensation and BSA/AML).

CBOs, the Fed observes, are in “robust financial condition,” with high capital levels and low-to-moderate liquidity risks. But like RBOs, CBOs have experienced “a slight uptick” in liquidity risks. Supervisors continue to focus on three areas of emerging risk: 1) management of concentrations of credit — specifically, CRE, agriculture, and oil and gas, 2) the impact of rising interest rates, and 3) increased liquidity risk.

CBO supervisory priorities for 2019 include:

  • Credit risk (concentrations of credit, CRE and construction and land development, and agriculture),
  • Operational risk (IT and cybersecurity), and
  • Other risks (BSA/AML and liquidity risk).

According to the report, the Fed also has made it a priority to modernize and increase the efficiency of the examination process to reduce the burden on community banks. A key part of this effort is the Bank Exams Tailored to Risk program. Under that program, each bank is classified into a low-, moderate- or high-risk tier. The classification provides examiners with a starting point for determining the scope of work, including the extent of transaction testing and other examination procedures. Examiners have the discretion to consider qualitative factors and apply their own judgment in confirming or adjusting the risk tiers.

A valuable tool

The Fed’s inaugural Supervision and Regulation Report examines trends going back to the financial crisis. Future reports will focus on developments since the previous report. Taken together, these reports provide banks with a valuable tool for keeping their fingers on the pulse of the banking industry and identifying emerging risks.

© 2019

Categories
Helpful Articles News Tax

Deductible Business Interest

Taxpayers can generally deduct business interest paid or accrued during the year, subject to limits. The U.S. Congress Joint Committee on Taxation has published a briefing, titled “Overview of Limitation on Deduction of Business Interest,” to clarify changes brought by the Tax Cuts and Jobs Act.
The briefing discusses these topics: definition of terms; carryforward rules; pass-through entities; the effect of the carryforward rule on partnerships; exceptions; and the effective date of the changes. Access it at https://bit.ly/2UjTglJ and then click “download.”
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News

What does the Government shutdown mean for Taxes?

The U.S. government shutdown has entered its 3rd week and most IRS activities have been halted. The IRS says it will soon release a contingency plan for this federal income tax filing season. Until then, a shutdown back in 2013 may provide clues as to how the IRS will handle things. At that time, the IRS instructed taxpayers to keep filing their returns and making deposits, as required by law. No telephone service was available. Walk-in taxpayer assistance centers were closed. And while the IRS website remained available, some of its interactive features weren’t

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News

2018 Review

The U.S. Treasury Inspector for Tax Administration has issued an audit report on the results of the 2018 tax filing season.
Through May 4, 2018, the IRS received 140.9 million tax returns and issued more than 101.3 million refunds totaling some $282 billion. More than 89% of the returns were e-filed. The agency processed 4.9 million returns that reported nearly $27 billion in health insurance Premium Tax Credits either received in advance or claimed at the time of filing.
Read the full audit report here:https://bit.ly/2GGOp7v
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News

Will there be a second tax cut law?

The White House is working on a second tax bill. The Trump Administration plans to propose a second tax cut law, possibly by the end of summer, which would make permanent the tax breaks for individuals that were passed in the Tax Cuts and Jobs Act. The White House Director of Legislative Affairs has been working with House Ways and Means Committee Chairman Kevin Brady (R-TX) and the Senate Finance Committee on the proposal. If a bill materializes and gains approval in the House, it would face an uncertain future in the Senate, where it would need 60 votes to pass.

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News

Ready for the new lease standard?

A new accounting rule for reporting leases goes into effect in 2019 for public companies. Although private companies have been granted a one-year reprieve, no business should wait until the last minute to start the implementation process. Some recently revised guidance is intended to ease implementation. Here’s an overview of what’s changing.

Old rules, new rules

Under the existing rules, companies must record lease obligations on their balance sheets only if the arrangements are considered financing transactions. Few arrangements get recorded, because accounting rules give companies leeway to arrange the agreements in a way that they can be treated as simple rentals for financial reporting purposes. If an obligation isn’t recorded on a balance sheet, it makes a business look like it is less leveraged than it really is.

In 2016, the Financial Accounting Standards Board (FASB) issued a new standard that calls for major changes to current accounting practices for leases. In a nutshell, Accounting Standards Update (ASU) No. 2016-02, Leases (Topic 842), will require companies to recognize on their balance sheets the assets and liabilities associated with rentals.

Most existing arrangements that currently are reported as leases will continue to be reported as leases under the new standard. In addition, the new definition is expected to encompass many more types of arrangements that aren’t reported as leases under current practice.

Revised guidance

Recently, the FASB revised two provisions to make the lease guidance easier to apply:

1. Modified retrospective approach. Upon adoption of the new lease accounting standard, companies may elect to present results using the current lease guidance for prior periods. This will allow management to focus on accounting for current and future transactions under the new rules — rather than looking backward at old leases.

2. Maintenance charges. On March 28, the FASB agreed to give lessors and property managers the option not to separately account for the fees for “common area maintenance” charges, such as security, elevator repairs and snow removal.

In addition, the FASB has provided a practical expedient to utilities, oil-and-gas companies and energy providers that hold rights-of-way to accommodate gas pipelines or electric wires. Under the revised guidance, companies that hold such land easements won’t have to sort through years of old contracts to determine whether they meet the definition of a lease. This practical expedient applies only to existing land easements, however.

Need help?

The lease standard is expected to add more than $1.25 trillion of operating lease obligations to public company balance sheets starting in 2018. How will it affect your business? Contact us to help answer this question and evaluate which of your contracts must be reported as lease obligations under the new rules.

© 2018

Categories
General News

Attn: Part-time and seasonal workers

Part-time and seasonal workers are urged to check their tax withholding amount. Due to changes under the Tax Cuts and Jobs Act, the IRS is urging these employees to use its “Withholding Calculator,” rather than Form W-4 worksheets, to confirm the correct amount of withholding. The IRS notes that the worksheets can’t account for part-year employment, but its calculator can. And any changes that part-year employees make to their withholding may affect their paychecks in a larger way than would be the case for year-round employees. Go to https://bit.ly/2Gj8rjT.

Categories
News

ATA Family Day 2017

 

 

 

 

ATA invited employees and their families to a day at the Discovery Park of America. We wanted to show appreciation to our hard-working staff, and we value the support they receive from their families.
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News

Why financial restatements happen … and how to prevent them

When companies reissue prior financial statements, it raises a red flag to investors and lenders. But not all restatements are bad news. Some result from an honest mistake or misinterpretation of an accounting standard, rather than from incompetence or fraud. Here’s a closer look at restatements and how external auditors can help a company’s management get it right.

Avoid knee-jerk responses

The Financial Accounting Standards Board (FASB) defines a restatement as “a revision of a previously issued financial statement to correct an error.” Accountants decide whether to restate a prior period based on whether the error is material to the company’s financial results. Unfortunately, there aren’t any bright-line percentages to determine materiality.

When you hear the word “restatement,” don’t automatically think of the frauds that occurred at Xerox, Enron or WorldCom. Some unscrupulous executives do use questionable accounting practices to meet quarterly earnings projections, maintain stock prices and achieve executive compensation incentives. But many restatements result from unintentional errors.

Spot error-prone accounts

Accounting rules can be complex. Recognition errors are one of the most common causes of financial restatements. They sometimes happen when companies implement a change to the accounting rules (such as the updated guidance on leases or revenue recognition) or engage in a complex transaction (such as reporting compensation expense from backdated stock options, hedge accounting, the use of special purpose or variable interest entities, and consolidating with related parties).

Income statement and balance sheet misclassifications also cause a large number of restatements. For instance, a borrower may need to shift cash flows between investing, financing and operating on the statement of cash flows.

Equity transaction errors, such as improper accounting for business combinations and convertible securities, can also be problematic. Other leading causes of restatements are valuation errors related to common stock issuances, preferred stock errors, and the complex rules related to acquisitions, investments and tax accounting.

Want more accurate results?

Restatements also happen when a company upgrades to a higher level of assurance (say, when transitioning from reviewed statements to audited statements). That’s because audits are more likely than compilation or review procedures to catch reporting errors from prior periods. An external auditor is required to “plan and perform an audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether caused by error or fraud.”

But after the initial transition period, audits typically catch errors before financial statements are published, minimizing the need for restatements. Auditors are trained experts on U.S. Generally Accepted Accounting Principles (GAAP) — and they must take continuing professional education courses to stay atop the latest changes to the rules.

In addition to auditing financial statements, we can help implement cost-effective internal control procedures to prevent errors and accurately report error-prone accounts and transactions. Contact us for help correcting a previous error, remedying the source of an error or upgrading to a higher level of assurance.

© 2017

Categories
Helpful Articles News

Cybersecurity takes the spotlight

Abstract: Federal and state regulators are increasingly scrutinizing banks’ information security efforts. This article points out that, in light of this heightened scrutiny, banks should review, and if necessary, update their cybersecurity programs. The article explains what examiners look for, including risk identification, risk measurement and risk mitigation. A sidebar discusses increased state regulation of cybersecurity.

Cybersecurity takes the spotlight

Cybersecurity is a key issue for banks today, so it’s no surprise that federal and state regulators have been scrutinizing banks’ information security (IS) efforts. Recently, several federal and state regulatory agencies have taken some new steps in the ongoing effort to protect sensitive account information. In light of the heightened scrutiny — and the significant risks involved — it’s a good idea for all banks to review and, if necessary, update their cybersecurity programs.

Recent developments
In September 2016, the Federal Financial Institutions Examination Council (FFIEC) updated its Information Security booklet, part of its Information Technology Examination Handbook. The booklet provides banks with an excellent framework for evaluating and strengthening their cybersecurity programs.
Also in September, the New York State Department of Financial Services proposed comprehensive cybersecurity requirements for banks and other financial institutions. (See “State regulation of cybersecurity: A burgeoning trend?”) Finally, in October 2016, the OCC, FDIC and Federal Reserve issued a joint proposal to develop enhanced cyber risk management standards for the largest financial institutions (those with total consolidated assets of $50 billion or more).

What examiners look for
According to the FFIEC booklet, an effective IS program should cover four key areas: 1) risk identification, 2) risk measurement, 3) risk mitigation, and 4) risk monitoring and reporting. The 95-page publication contains detailed guidance on identifying threats, measuring risk, defining IS requirements and implementing appropriate controls.
An appendix contains updated examination procedures, providing valuable insights into examiners’ cybersecurity expectations. The procedures are designed to meet a number of examination objectives, including determining whether management:
• Promotes effective governance of the IS program through a strong IS culture, defined responsibilities and accountability, and adequate resources,
• Has designed and implemented the program so that it supports the bank’s IT risk management process, integrates with its lines of business and support functions, and is responsive to the cybersecurity concerns associated with the activities of technology service providers and other third parties,
• Has established risk identification processes,
• Measures risk to help guide the development of mitigating controls,
• Effectively implements controls to mitigate identified risk, and
• Has effective risk monitoring and reporting processes.
In addition, it’s important to ascertain whether security operations encompass necessary security-related functions, are guided by defined processes, are integrated with lines of business and activities outsourced to third-party service providers, and have adequate resources. Implementing assurance and testing activities to provide confidence that the program is operating as expected and reaching its goals is also necessary.
Although the guidance applies to all types of institutions, the booklet emphasizes that banks should develop and maintain risk-based IS programs commensurate with their size and operational complexity.

Focus on security operations
The updated publication contains a new section on security operations that emphasizes:

Threat identification. A bank should go beyond risk identification to pinpoint specific threat sources and vulnerabilities and analyze the potential for exploitation. Management can use this information to develop strategies and tactics for protecting the bank’s IT system and detecting attacks.

Threat monitoring. Threat monitoring — both continual and ad hoc — is critical. And management should clearly delineate the responsibilities of security personnel and system administrators as well as review and approve monitoring tools and the conditions under which they’re used. Monitoring should focus not only on incoming network traffic, but also on outgoing traffic to identify malicious activity and data exfiltration.

Incident identification and assessment. Management needs a process that will identify compromise indicators — for example, antivirus alerts or unexpected file changes or logins — and rapidly report them for investigation.

Incident response. A bank’s incident response plan should include defined protocols for containing an incident, coordinating with law enforcement and third parties, restoring systems, preserving data and evidence, and providing customer assistance.

Third-party oversight

Banks often outsource services, such as data and transaction processing, cloud computing and even information security. But management remains responsible for ensuring the bank’s system and information security.
Oversight of outsourced activities includes due diligence in selecting and managing third-party service providers. In addition, management should obtain contractual assurances for security, controls and reporting; get nondisclosure agreements regarding the bank’s data and systems; and arrange for independent auditing and testing of third-party security.

Get with the program
Given the level of regulatory activity related to cybersecurity and the serious consequences of a data breach, banks can expect scrutiny of IS programs to intensify. Now’s the time to review your program to ensure that your institution is protected.

Sidebar: State regulation of cybersecurity: A burgeoning trend?
In September 2016, the New York State Department of Financial Services (DFS) proposed comprehensive cybersecurity requirements for banks and other financial institutions under its jurisdiction. Among other things, the proposal would require banks to undertake the following steps:
• Establish and maintain a cybersecurity program — reviewed by the board of directors and approved by a senior officer — designed to ensure the confidentiality, integrity and availability of its information systems.
• Incorporate certain mandatory functions into the program, designed to identify risks, implement defensive infrastructure and policies, detect and respond to cybersecurity events, and fulfill regulatory reporting obligations.
• Appoint a chief information security officer with specified responsibilities, including providing the board with biannual written assessments of the program.
• Adopt written cybersecurity and third-party information security policies addressing specified areas.
• File annual certifications of compliance with the DFS and report material cybersecurity events to the agency within 72 hours.
If finalized, the proposed regulations likely would affect not only New York banks, but also banks that do business in New York. This also could mark the beginning of a trend toward increased state regulation of cybersecurity.
© 2016