FIN 48

Oct 14, 2008 2 Replies

FASB Interpretation 48 Accounting for Uncertainty in Income Taxes: An interpretation of FASB Statement No. 109



The AICPA just issued an update on FIN 48 with regards to privately held companies. Hopefully someone more familiar with FIN 48 will comment on this.



My interpretation of what I have read and discussed discussed with a CPA in Tax practice is that FIN 48 applies to complitations. In essence, it requires privately held companies to accrue for potential tax liabilities should they be audited! The best example is travel and entertainment expenses which are a immediate target when a company is being audited.



Thinking as an auditor, I would ask to see the company's compilation reports for the year under audit and ask how the accrual was calculated. About the only palatable explanation is "My accountant put it there. You'll have to ask her/him." But that just opens a bag of worms.



The CPA with whom I discussed this said that since a compilation is already a disclaimer, he would rather add a footnote for a Departure from GAAP for not disclosing potential tax liabilities.



The AICPA indicated that applying FIN 48 to S-Corps and Partnerships is under discussion.



On one hand, I am always opposed to tax fraud. On the other hand, FIN 48 is requiring the taxpayer to disclose their estimate of their tax deductions and their tax postions being disallow upon audit.



Dick


I think the most likely shortfall will result from companies not filing in all the appropriate jurisdictions and all appropriate taxes (use tax comes to mind). I would bet that most small businesses file in only the company's home state. Even though they have at least some out of state or out of the country activity. T&E shouldn't be an issue because if they have less than 1/3 chance it will upheld on audit then the preparer should be omitting the T&E from the return.

I know that is a big assumption but the preparer shouldn't be putting stuff on the return that she/he knows will almost certainly be denied under audit.

I think IRS will eventually get around to asking for the accrual workpapers on small businesses, assuming the courts allow it.

I think it will depend on how the third party users react to the departure disclosure. I doubt many owners want to pay for a full analysis of the exposure. If the company has no out of state or out of the US obligations it is ignoring then it may not have anything to disclose. People who cheat should be dropped by CPAs as clients so for ethical CPAs I don't see poor/nonexistent documentation of T&E to be an issue.

-- Drew Edmundson, CPA Cary, NC

Just when you think you've heard EVERYthing!

For a corporation who also uses a CPA to both prepare/audit financial statements and prepare tax returns. there shouldn't be a problem, right? After all, circular 230 trumps.

ChEAr$, Harlan Lunsford, EA n LA

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