Category Archives: Guest Post

Guest post: Occupational fraud and the auditor’s role – a view from South Africa

Below is a thought-provoking guest post on auditors role in fighting fraud and corruption from Morne Pienaar, Internal Audit Manager at RSM Betty & Dickson in South Africa.

In South Africa it is nearly impossible to read the news without seeing headlines regularly highlighting incidences of fraud, nepotism and corruption.

These headlines speak accurately of a business environment where “tender fraud” is more common than not. This has deeply negative ramifications for a country that needs to establish itself as a destination for international businesses.

The majority of fraud and corruption in South Africa occurs around the award of government contracts. On a positive note, companies in the private sector are beginning to implement stronger risk management controls to safeguard themselves against corruption.

Even so, we as a business community face real challenges in changing our business culture and we believe auditors should play an increasing role in protecting our clients. The evidence is quite stark.

The Association of Certified Fraud Examiners recently released The 2012 Report to the Nations on Occupational Fraud and Abuse. The study gathered information from 94 countries worldwide to provide a global view of occupational fraud.

Some of the key findings on the impact of occupational fraud in the report are:

• The typical organisation loses 5% of its revenue to fraud each year. Applied to the estimated Gross World Product this translates to approximately USD 3.5 trillion;
• Nearly half of victim organisations do not recover their losses;
• Most occupational fraudsters are first time offenders with clean employment histories;
• Occupational fraud is a significant threat to small and medium enterprises.

We need to ask ourselves: as auditors, what are our responsibilities when it comes to the fight against fraud and corruption?

International Standard on Auditing 240 states that the primary responsibility for the prevention and detection of fraud rests with those charged with governance and management of the entity.

Even so, external auditors, and more so internal auditors, do play a central role in advising clients on prevention and detection of fraud, particularly by educating clients to appreciate the depth of risk within their operations, and we can advise on processes and procedures to reduce the risk of fraud.

In short, we believe it is vital that external and internal auditors communicate to clients the benefits of improving internal controls to reduce the risk of fraud.

There is naturally a greater possibility of fraud in instances where there are limited internal controls within a business. External audit, when not relying on internal controls, should still be aware of the increased risk and “red flags” and communicate to clients the possible consequence of the lack of controls or risk management within their organisations.

After all, the impact of business crime can include major financial loss, compliance and regulatory infringement and even criminal proceedings against management.

These scenarios are not acceptable, and as responsible auditors we should do all we can within our remit to ensure our clients are clearly warned of potential risks.

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Filed under Effective business, General, Guest Post, Risk

Guest post: Indian government reforms will lead to sustainable growth…

India continues to make great strides as an economy. Policy decisions made by the Government will increasingly reverberate around the world.

I am delighted to share with you the first post from Suresh Surana, founder of RSM Astute Consulting Group in India. Dr Surana is a leading commentator in India, and I hope to include more of his insights in the blog over the coming years…

India has successfully moved from a position of developing economy to emerging economy on the world map. This is a responsible position, considering the rise and fall of India’s growth rate has an impact on global growth and confidence. The same is also carefully observed by India’s trade partners and policy makers around the globe.

India’s growth through to 2013 is projected to be around 7.5%. This medium-term growth outlook is positive due to a young population and corresponding low dependency ratio, healthy savings and investment rates, and increasing integration into the global economy.

There have been some questions about the sustainability of this growth, which is certainly increasing the need for a solid programme of structural economic and fiscal reforms. Reforms will also go some way to repair investor confidence which has been ebbing away of recent owing to perceived wide spread corruption, increase in cost of finance and, of course, a historical lack of progress on economic reforms.

There have been a number of small reforms in the area of infrastructure, such as the extension of the viability gap funding mechanism to support public-private partnerships, doubling of the amount to be raised through tax-free bonds and wider use of external commercial borrowings in sectors such as roads, power and civil aviation. Measures like allowing qualified foreign investors in the corporate bond market and allowance of venture capital fund investment to all sectors as opposed to restricting this to specified nine sectors as in the past will also have a positive impact on some companies.

There are some structural fiscal reforms planned in the Finance Budget 2012 worth noting:

- Direct Tax Code (DTC)
The DTC consolidates and integrates all direct tax laws and replaces both the Income-tax Act, 1961 and the Wealth-tax Act, 1957 by a single legislation. The Government seeks to provide a modern tax code in step with the needs of a fast growing economy. This would ensure ease of usage by simplification of language.

- Goods and Services Tax (GST)
India has a number of indirect taxes with multiple cascading effects; the GST is aimed at consolidating all indirect taxes for providing ease of performing business in India.

- Foreign Direct Investment norms
It is expected that the government will push its efforts to pursue opening up the multi-brand retail sector for foreign investors. Also, it envisages increasing foreign participation in the aviation and power industry.

- Thrust on infrastructure
The drive on improving infrastructure facilities in India has been further strengthened. The Budget spending for infrastructure is aimed at INR 600 billion for the twelfth five year plan beginning from 1st April 2012.

- Capital Market
Various steps are proposed to be taken for deepening the reforms in the Capital markets, by allowing foreign retail investors to access Indian Bond Market.

There is no doubt that over the long term the Indian economy will continue to grow. How it grows is very important as to be globally competitive, rather than just create a “large market”, India needs to develop into a world class economy. To deliver this the government will need to maintain a firm programme of structural reforms which can constantly adapt the economy to compete in the top tier.

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Filed under Economy, Guest Post, India, Tax

Guest post: Insights from an International Tax Advisor…

Our latest guest post is courtesy of Mario van den Broek, Partner,
International Tax Services at RSM Niehe Lancée Kooij in the Netherlands.
Mario is one of the most senior tax professionals in our industry, and I am
delighted to welcome him to the RSM World blog…

International tax structuring has undergone significant changes. Although
the principles have not really changed, the implementation of tax
structures indeed has. Whereas “ in the old days”, it was quite easy to put
together boxes to find the most efficient structure for our clients,
nowadays it is crucial to not only consider the substance of a structure
from a tax perspective but also whether or not it is still worth it to a
company to actually implement a supposedly efficient structure. In
addition, we regularly come across companies that are left with advice on a
structure, and even with the structure itself, but without any proper idea
of how the benefits of the structure should be achieved and maintained.

That makes the role of a tax advisor only a more interesting one. It is
important to stay on top of the most recent international tax developments,
but also it is important to be able to be a sparring partner to a global
operating company and form an opinion on different kinds of taxes
(corporate tax, wage taxes, VAT) and elements (transfer pricing). In
addition, it is crucial to act as a coordinator between the different
countries where a company has operations. Our global operating clients need
to focus on doing business but also have to realize that remaining in
compliance with local tax regulations is a crucial element of doing
business across borders. Of course, quite often, that is not the first
matter of attention.

I could talk for hours about the different international tax developments
and by referring to items such as treaty protection, beneficial ownership,
tax control framework, exit taxation, transfer pricing, VAT reclaims and
cross border mergers, I have already started to do that. But let me stop
there as I would like to point out a different element that is key in
building and implementing tax structures. Know what it is? Teamwork. And
not teamwork created by collecting names of colleagues in a nice directory,
no, I am talking about real team work which is established by meeting with
each other, talking to each other face to face and meeting clients
together.

As part of my role as international tax adviser I spend a lot of time
working with my colleagues and although I try to stay up to speed with
technology by for instance using Dropbox to share documents with my foreign
colleagues on the new Ipad, or using Webex on my laptop to go through
presentations page by page, nothing beats face-to-face cooperation.

Therefore, it is very important to create space to develop this process. I
really make a point to travel, investing in time to both educate and learn
from my colleagues. Even though my base lies in the Netherlands, I work in
such a way with RSM partners all over the world. From New York to Sydney,
from Hong Kong to Denmark, our success and our ability to distinguish
ourselves from our competitors lies in the frequency of how often we meet
with each other and work with each other. It makes for a strong, people
focused network. That is what RSM is about.

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Filed under EU, Europe, Guest Post, People