HT - Facts and Issue Exercise
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Hidden Treasures Construction Company
Fact and Issue Identification Exercise
Hidden Treasures (HT), a family-owned business, is a Guam-based construction company, which
builds custom homes with special features, such as hidden rooms and hidden wall safes.
You began auditing HT three years ago. You are about to sign off on a "clean" opinion on HT's
current annual financial statements when Art Hyde, the VP-Finance, calls to tell you that U.S.
Customs has seized about $4,000,000 of company funds. HT had deposited the funds as bearer
certificates of deposit in a Swiss bank to avoid taxes. An attempt to cash the certificates through a
local bank resulted in their seizure, because HT had not filed with Customs an information
declaration of monetary instruments leaving the U.S.
In response to your questions about the origin of the funds, Art assures you that the funds, though
not recorded as revenue, had been obtained legitimately. He explains that all of the money came
from separately billed but unrecorded change orders to items in contracts completed before you
became HT's auditor. You subsequently determine that there is insufficient evidence to enable you
to reconstruct the transactions. None of the change orders were connected with any federal or
federally subsidized project. Art also informs you that HT has agreed to pay a 20 percent local
income tax on the funds within 120 days as required by a recently enacted rule that provides
amnesty for tax evaders.
After several conversations with Sojourner Just of the law firm of Truth, Wise, and Just, you
determine that there are two possible outcomes ahead:
1)
Customs will release the funds after deducting a 25% penalty (could be higher or lower, but
this is the best estimate) and HT will pay an additional 20% in local income taxes. The net
receipt to HT under this scenario would be $2.2 million.
2)
Customs will keep the funds and the Company will pay 20% taxes. HT would suffer a net loss
of $800,000 under this scenario.
Art and Sojourner believe that the first outcome is the most likely and all the documents that you
subsequently review lead to the same conclusion. However, this is the first case of its kind.
Further, Sojourner is unwilling to state her views in an attorney's letter, because she fears that
disclosure of the probable maximum penalty in HT's financial statements might influence the
Customs authorities to assess the maximum.
As a result of inquiries in the business community, you determine that HT has a good reputation in
terms of its relations with banks, its customers, and its vendors. Further, you find out that the law
firm of Truth, Wise, and Just has an excellent reputation.
1
Answer these questions on an individual basis:
1.
Identify the main financial accounting question and the main auditing question you will try to answer in your research. What additional issues can you identify at this time? (Don’t be limited to just one area of accounting).
a.
The main financial accounting question is what will be the effect of the future possible transactions – not specific enough (the seizure of the funds) on the financial statements? How should these be recorded? i.
What is the effect of the seizure of the funds on the financial statement?
b.
The main auditing question is what are the disclosure requirements for potential future transactions? – not specific enough (The seizure of the funds)
i.
What is the impact of the seizure of the funds on the audit?
c.
Something else that concerns me is that the auditor seems to just be taking the client at their word. There has to be some way to dig deeper to find out if the money was indeed earned legally and how these transactions occurred. If there is deeper fraud going on that is not caught by the auditor, it would fall on them. The auditor has the responsibility of due diligence and professional skepticism. I would personally want to make sure I am fully confident that the client has provided all of the facts. d.
I would also like to do more research into that newly enacted tax amnesty rule to make sure that this would actually apply in this situation. It would not be good to go down this path assuming that there would not be more serious consequences than just fully seizing the funds and paying income tax on the funds. e.
Additionally, it would be good to find out what internal controls or procedures would need to be put in place to prevent this from happening in the future. What process did this situation highlight as having an internal control weakness?
f.
Tax implications
g.
Legal Issues
2.
Identify which of the scenario facts are relevant to the main financial accounting and auditing issues.
a.
Some relevant facts to the main financial and auditing issues include:
i.
$4,000,000 of company funds were seized by U.S Customs
ii.
The business is internationally based (not located in the US)
iii.
Hidden Treasures was intentionally trying to avoid paying taxes
iv.
The funds were not recorded as revenue
v.
They have agreed to pay 20% income tax on the seized funds
vi.
There is a newly enacted rule related to tax amnesty for tax evaders
vii.
They could either potentially receive a net receipt of $2.2M or a loss of $800,000
viii.
I did not put any auditing issues ☹
: no audit trail, lawyer refuses to write letter, you have been their auditor for 3 years, law firm is 2
ethical/reputable,
3.
While doing #1, what additional fact questions came to you to ask the client before you begin your research? What additional potential sources of information might you want to ask for?
a.
I would ask who was involved in these transactions. For example, who was the one billing for these unrecorded changed orders and whose idea was this method of tax evasion? All of these facts would help if a case came out of this or to help determine the weaknesses in the system of internal controls. b.
It would help to ask when the financial statements need to be reported if you don’t
already know as their auditor. Having a good idea of the time frame may help avoiding time pressure and not having the proper time to do all the necessary research.
c.
I would want to confirm with them how long these dealings have been going on and that they are no longer going on now. The fact that you have audited them for 3 years and were about to issue a clean opinion again concerns me how easily they were able to hide it. d.
I would ask the client for any documentation from the Swiss Bank on those certificates that may help you trace the transactions.
e.
I may ask for reports on the billing detail from the applicable time period(s) that would show the money being billed. Any documentation that would show the transactions would be helpful.
3
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