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Chapter 13C

Independence
Chapter 13 The Code of Ethics & The
Philippine Accountancy Act of 2004

December 15, 2022 Information available in audio.


Report Coverage
Independence

Two Phases of Independence

Engagement Period

Independence Requirement

Independence Interpretations and Rulings


Independence
Taking an unbiased viewpoint
in the performance of the
examination and in the
preparation of the report.

An essential element of the


CPA profession.

If the assurance engagement is to enhance


the credibility of an information, it is important
that users of this information perceive the
professional accountant as being objective
and impartial.
If the assurance engagement is to enhance
the credibility of an information, it is important
that users of this information perceive the
professional accountant as being objective
and impartial.
Two Phases of Independence of mind

Independence The auditor’s perception of his


own independence.
The independence of mind & the
independence in appearance.
Independence in
Appearance

The public’s perception of the


professional accountant’s
Back to Agenda independence.
Engagement Period
The members of the assurance team and the firm
should be independent of the assurance client
during the period of assurance engagement.

In case of a financial statement audit engagement,


the engagement period includes the period covered
by the financial statements reported on by the firm.

START END
When the assurance team Assurance report is issued.
begins to perform assurance EXCEPT when the assurance
services. engagement is of recurring nature.
Member of
Network
Assurance Firm
Firm
Team

Audit or
REQUIRED REQUIRED REQUIRED
Review
Independent
Requirement Non-Audit
REQUIRED REQUIRED
NOT
Assurance REQUIRED
Independence is required
only whenever the
professional accountant Non-Audit
provides assurance services. Assurance
REQUIRED
NOT NOT
with REQUIRED REQUIRED
Restrictions
Back to Agenda
Independence Interpretations
and Rulings
Ø Financial interest
Ø Loans and guarantees
Ø Close Business Relationships
Ø Family and Personal Relationships
Ø Recent service with an assurance client
Ø Serving as an officer or director on the Board of Assurance Clients
Ø Entering Employment with a Client
Ø Long association with assurance clients
Ø Provision of Accounting and Bookkeeping Services to an Audit Client
Ø Provision of Technical Assistance to an Audit Client
Ø Provision of Valuation Services to an Audit Client
Independence Interpretations
and Rulings
Ø Provision of Administrative Services to an Assurance Client
Ø Preparation of Tax Return to an Audit Client
Ø Current and Deferred Tax Calculations
Ø Assisting in the Resolution of Tax Dispute
Ø Provision of legal services to assurance clients
Ø Recruiting Senior Management
Ø Fees-Relative Size
Ø Fees-overdue
Ø Contingent Feed
Ø Compensation and Evaluation Policy
Ø Gifts and hospitality
Ø Actual or threatened litigation
Independence Interpretations & Rulings

CIRCUMSTANCE REQUIREMENT

1. Financial Interest Direct if the beneficial owner has control over


the investment vehicle or the ability to
influence its investment decisions thus impair
independence•

For indirect, it does not impair independence


unless material.
Independence Interpretations & Rulings

CIRCUMSTANCE REQUIREMENT

2. Loans and guarantee If the client is financial institution: does not


impair independence provided:
Immaterial to firm and client
Made under normal procedures

If not a financial institution will impair


independence unless the loan is immaterial to
both parties.
Independence Interpretations & Rulings
CIRCUMSTANCE REQUIREMENT

3. Close business relationship It might involve a commercial or common


financial interest and may create self-interest
and intimidation threats.
Ex. of CBR,
Having a material financial interest in a joint
venture with the assurance client.

Close business relationships can be considered


indirect financial interest unless it is
immaterial and the relationship is insignificant.
Independence Interpretations & Rulings

CIRCUMSTANCE REQUIREMENT

4. Family and personal When a member of the audit team has a close
relationships family member who the audit team member
knows has a direct financial interest or a
material indirect financial interest in the audit
client, the significance depends whether:

Nature of relationship
Materiality of the financial interest to the
close family member
Independence Interpretations & Rulings

CIRCUMSTANCE REQUIREMENT

4. Family and personal Safeguards in case of significant threat:


relationships Remove the individual from the assurance
team
Structuring the responsibilities of the
assurance team, hence the team member
does not deal with matters within the
responsibility of the immediate family
member.
Independence Interpretations & Rulings

CIRCUMSTANCE REQUIREMENT

4. Family and personal Independence is impaired when a member of


relationships an audit team has an immediate family
member who is a director, an officer or an
employee with ability to influence the subject
matter of the audit
Independence Interpretations & Rulings

CIRCUMSTANCE REQUIREMENT

5. Recent service with an Independence is impaired if,


assurance client During the period covered by assurance
report, a member of the assurance team
had served as a director, an officer or an
employee of the assurance client in a
position to influence the subject matter of
the assurance engagement.
Independence Interpretations & Rulings

CIRCUMSTANCE REQUIREMENT

6. Serving as an officer or Independence is impaired if,


director on the Board of A partner or employee of a firm serves as
Assurance Clients an officer or a director on the board of an
assurance client.
Not impaired if,
Serves as an honorary member on the
board of a non-stock non-profit
organization that is an assurance client
Independence Interpretations & Rulings
CIRCUMSTANCE REQUIREMENT

7. Entering Employment with Independence is impaired if;


a Client An assurance team member participates in
the assurance engagement knowing that
he/she will, or might, join the client some
time in the future.
The member of the audit team is a former
director, officer or an employee to exert
significant influence in the preparation of FS
(cannot issue report covering the period
when he is still employed)
Independence Interpretations & Rulings
CIRCUMSTANCE REQUIREMENT

7. Entering Employment with Independence is impaired if;


a Client If a former member of the audit team or
partner of the firm has joined the audit
client in such a position and a significant
connection remains between the firm and
the individual.
Independence Interpretations & Rulings
CIRCUMSTANCE REQUIREMENT

7. Entering Employment with Safeguards:


a Client Removing the individual from the assurance
team: or
Having an appropriate reviewer review any
significant judgement made by that
individual while on the team.
Independence Interpretations & Rulings
CIRCUMSTANCE REQUIREMENT

7. Entering Employment with Safeguards:


a Client Removing the individual from the assurance
team: or
Having an appropriate reviewer review any
significant judgement made by that
individual while on the team.
Independence Interpretations & Rulings
CIRCUMSTANCE REQUIREMENT

8. Long Association with Familiarity threats are created by using the


Assurance Clients same senior personnel on an audit
engagement over a long period of time

Safeguards:
Rotating the senior personnel off the audit
team.
Independent quality reviews.
Independence Interpretations & Rulings
CIRCUMSTANCE REQUIREMENT

8. Long Association with If a firm concludes that the level of the threat
Assurance Clients can only be addressed by rotating the
personnel, the firm should determine an
appropriate period during which the individual
will not:
Be a member of the engagement team for
the audit engagement;
Provide quality control for the audit
engagement; or
Exert direct influence on the outcome of the
audit engagement.
Independence Interpretations & Rulings
CIRCUMSTANCE REQUIREMENT

8. Long Association with For audits of a public interest entities, an


Assurance Clients individual cannot act in any of the following
roles for a period of more than seven
cumulative years (the “time-on” period)

The engagement partner


The quality control reviewer; or
Any other key audit partner role.
Independence Interpretations & Rulings
CIRCUMSTANCE REQUIREMENT

8. Long Association with Time-on Cooling-off


Assurance Clients Period Period

Engagement 7 years 5 years


Partner

Quality Control 7 years 3 years


Reviewer

Other Key Audit 7 years 2 years


Partner Role
Independence Interpretations & Rulings
CIRCUMSTANCE REQUIREMENT

9. Provision of Accounting Creates self-review threat if the firm


and Bookkeeping Services to subsequently audits the financial statements.
an Audit Client
Accordingly, a professional accountant
should not provide accounting and
bookkeeping services to an audit client.
Independence Interpretations & Rulings
CIRCUMSTANCE REQUIREMENT

9. Provision of Accounting On the other hand, accounting and


and Bookkeeping Services to bookkeeping services that are routine or
an Audit Client mechanical in nature can be provided to an
audit client so long as:
The audit client is not a public interest
entity; and
Any self-review threat created is reduced to
an acceptable level.
Independence Interpretations & Rulings
CIRCUMSTANCE REQUIREMENT

10. Provision of Technical The auditor and the client management may
Assistance to an Audit Client have discussions about:
The application of accounting standards or
policies and financial statement disclosure
requirements.
The appropriateness of financial and
accounting control and the methods used
in determining the stated amounts of assets
and liabilities.
Proposing adjusting journal entries.
Independence Interpretations & Rulings
CIRCUMSTANCE REQUIREMENT

11. Provision of Valuation A valuation comprises the making of


Services to an Audit Client assumptions with regard to future
developments, the application of appropriate
methodologies and techniques and the
combination of both to compute a certain
value, or range of values, for an asset, a liability
or for a business as a whole.
Independence Interpretations & Rulings
CIRCUMSTANCE REQUIREMENT

11. Provision of Valuation A CPA firm shall not provide a valuation


Services to an Audit Client service to an audit client if the valuation
service would have a material effect,
individually or in the aggregate, on the financial
statements on which the firm will express an
opinion.
Independence Interpretations & Rulings
CIRCUMSTANCE REQUIREMENT

12. Provision of Administrative Administrative services involve assisting


Services to an Assurance clients with their routine or mechanical
Client tasks within the normal course of operations.
Such services require little to no professional
judgment and are clerical in nature.

Ex.,
1. Word processing services
2. Preparing administrative or statutory forms
for client approval
Independence Interpretations & Rulings
CIRCUMSTANCE REQUIREMENT

13. Preparation of Tax Return Tax return preparation services involve:


to an Audit Client Assisting clients with their tax reporting
obligations by drafting and compiling
information, including the amount of tax due
(usually on standardized form) required to
be submitted to the tax authorities.
Independence Interpretations & Rulings
CIRCUMSTANCE REQUIREMENT

13. Preparation of Tax Return Tax return preparation services involve:


to an Audit Client Advising on the tax return treatment of past
transactions and responding on behalf of
the audit client to the tax authorities’
requests for additional information and
analysis (for example, providing
explanations of technical support for the
approach being taken).
Independence Interpretations & Rulings
CIRCUMSTANCE REQUIREMENT

14. Current and Deferred Tax Preparing calculations of current and deferred
Calculations tax liabilities (or assets) for an audit client for
the purpose of preparing accounting entries
that will be subsequently audited by the firm
creates a self-review threat.
Independence Interpretations & Rulings
CIRCUMSTANCE REQUIREMENT

14. Current and Deferred Tax A professional accountant may be allowed to


Calculations provide this service to an audit client, provided:

The client is not a public interest entity;


Appropriate safeguards are in placed to
reduce the threat to an acceptable level,
such as using different personnel or having
an appropriate reviewer to review the audit
worked or the service performed.
Independence Interpretations & Rulings
CIRCUMSTANCE REQUIREMENT

15. Assisting in the Resolution An advocacy threat is created when the


of Tax Dispute professional accountant represents the audit
client in a resolution of a tax dispute.

Accordingly, a professional accountant


should not represent an audit client before
a court in the resolution of a tax matter
when the amounts involved are material to the
financial statements in which the professional
accountant will express an opinion.
Independence Interpretations & Rulings
CIRCUMSTANCE REQUIREMENT

16. Provision of legal services If advocate – impaired hence should not do


to assurance clients this along with audit.

If advisor – will not impair independence


provided safeguards are applied.
Independence Interpretations & Rulings
CIRCUMSTANCE REQUIREMENT

17. Recruiting Senior The recruitment of a senior management for an


Management assurance client impair the CPA’s
independence, especially if the firm makes the
ultimate hiring decisions.

On the contrary, the firm could not perform


consulting services such as reviewing the
qualifications of the applicants and provide
advice on their suitability for the post.
Independence Interpretations & Rulings
CIRCUMSTANCE REQUIREMENT

18. Fees-Relative Size When the total fees generated from an


assurance client represent a large proportion
of the total fees of that firm, the dependence
on that client and concern about losing the
client create a self-interest or intimidation
threat. Increasing the client base in the firm
reduces dependence on a particular client.
Independence Interpretations & Rulings
CIRCUMSTANCE REQUIREMENT

18. Fees-Relative Size 2. Discuss whether either a pre-issuance or


post-issuance review might be a safeguard to
address the threat created by the total fees
received by the firm from the client, and if so,
apply it.
Pre-issuance - a professional accountant
performs an engagement quality control
review of that engagement
Post-issuance review - a professional
body performs a review of the second
year’s audit.
Independence Interpretations & Rulings
CIRCUMSTANCE REQUIREMENT

19. Fees-overdue Generally the firm is expected to require


payment of such fees before audit report is
issued.
Independence Interpretations & Rulings
CIRCUMSTANCE REQUIREMENT

20. Contingent Fees Contingent fees charged by a firm with respect


to an assurance engagement will impair the
CPA’s independence.
A firm shall not enter into contingent fee
arrangement.
A fee is not regarded as being contingent if
established by a court or other public
authority.
Independence Interpretations & Rulings
CIRCUMSTANCE REQUIREMENT

21. Compensation and A self-interest threat is created when an audit


Evaluation Policy team member for a particular audit is
evaluated on or compensated for selling non-
assurance services to that audit client.

The level of the self-interest threat will depend


on:
What proportion of the compensation or
evaluation is based on the sale of such
services.
Independence Interpretations & Rulings
CIRCUMSTANCE REQUIREMENT

21. Compensation and The role of the individual on the audit team;
Evaluation Policy Whether the sale of such non-assurance
services influences promotion decisions

Accordingly, a firm should not evaluate or


compensate a key audit partner based on
that partner’s success in selling non-
assurance services to the partner’s audit
client.
Independence Interpretations & Rulings
CIRCUMSTANCE REQUIREMENT

22. Gifts and hospitality Accepting gifts and hospitality from an


assurance client creates a self-interest,
familiarity or intimidation threat.

A professional accountant should not


accept gifts and hospitality from an
assurance client, unless the value is trivial and
inconsequential.
Independence Interpretations & Rulings
CIRCUMSTANCE REQUIREMENT

23. Actual or Threatened May create self-interest and intimidation


Litigation threat.

The relationship between the CPA and the


client must be characterized by honesty,
truthfulness and full disclosure.
Chapter 13C

Independence
Chapter 13 The Code of Ethics & The
Philippine Accountancy Act of 2004

December 15, 2022 Information available in audio.

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