Becky Heath, Assistant Professor Middle Tennessee State University “Companies have substituted technology and process for good judgment – and that approach has failed. Hoping that better processes and better technology will prevent another corporate crisis is false hope. Instead, organizational leaders must ensure that they have the right people, in the right places, exercising good judgment about strategic and operational risks.” ◦ Source: Audit Director Roundtable The increase in size, complexity and number of activities of businesses The increasing complexity of accounting standards, including the expanded use of fair value The move toward principles-based accounting standards The continual monitoring of performance and increased regulation The decrease in the critical thinking skills of graduates of the No Child Left Behind era The AICPA’s website lists several informational pieces with links: ◦ PCAOB’s “Staff Audit Practice Alert No. 10, Maintaining and Applying Professional Skepticism in Audits” (12/04/2012) ◦ ICAS’s A Professional Judgment Framework for Financial Reporting Report (Aug. 2012) ◦ COSO’s Enhancing Board Oversight: Avoiding Judgment Traps and Biases (March 2012) – based on KPMG’s Professional Judgment Framework ◦ SEC’s “Final Report of the Advisory Committee on Improvements to Financial Reporting to the Unites States Securities and Exchange Commission” (08/01/2008) PCAOB reports both large and smaller audit firms exhibit significant audit performance deficiencies due to a lack of professional skepticism. Staff Audit Practice Alert No. 10: Maintaining and Applying Professional Skepticism in Audits: "This Alert discusses factors that impair an auditor's skepticism, and steps that firms and auditors can take to enhance their application of professional skepticism," said Martin F. Baumann, PCAOB Chief Auditor and Director of Professional Standards. "PCAOB standards require every individual auditor to exercise professional skepticism throughout their audits." FOR AUDITORS PRINCIPLE 1 - KNOWLEDGE GATHERING AND ANALYSIS A professional auditing judgment can only be made once all relevant information has been collected and analyzed. PRINCIPLE 2 – ASSESSMENT OF ACCOUNTING AND AUDITING GUIDANCE: A professional auditing judgment can only be made in the context of the applicable accounting framework, accounting standards and other literature where relevant, as well as the appropriate auditing standards and guidance. PRINCIPLE 3 - PROCESS FOR ASSESSING AND CHALLENGING THE CLIENT’S JUDGEMENT:A professional auditing judgment can only be made after undertaking appropriate due process to assess and challenge the client’s judgment. PRINCIPLE 4 – DOCUMENTATION OF JUDGMENT A professional auditing judgment and the assessment and challenge of the preparers’ judgment must be suitably documented. Both frameworks consider academic research and other studies in critical thinking and decision-making, judgment biases and other perspectives. Neither framework is a mechanical or “checkthe-box” approach that eliminates discussion and debate; rather they facilitate highquality, defensible judgments. With respect to audits, there has been a special focus on professional skepticism. The professional judgment framework Overarching considerations for all process steps Specific considerations by process step Process steps Track, organize and evaluate considerations For each process step, track, organize and evaluate considerations sufficient to capture relevant information to support your judgment. Define the issue Gather the facts Perform the analysis Make the judgment What is the primary issue? What is the applicable guidance? What information do you need to address the issue? Is the information you have obtained relevant and reliable? How does the applicable guidance apply to the issue? Have you identified and evaluated the key assumptions? What are the reasonable outcomes and possible alternatives? What is your conclusion based on the analysis performed? Does your conclusion make sense in light of the business purpose and underlying economics of the issue? 1. Manage any personal bias and consider the bias of others Document the judgment Is the documentation sufficient to support your judgment? Can another professional understand how you reached your conclusion (including why reasonable outcomes and possible alternatives identified were not selected)? Avoid making preliminary judgments Consider all points of view and alternatives Understand motivations or incentives for particular outcomes 2. Consider the risk of material misstatement Evaluate quantitative and qualitative significance relative to the issue and relative to the interests of stakeholders 3. Consider the involvement of others Consider subject-matter specialists, consultation and necessary reviews and approvals 4. Maintain professional skepticism, including fraud awareness Maintain a questioning mindset and ask probing questions Objectively evaluate the facts, address inconsistencies and corroborate evidence Assume others are neither honest nor dishonest Be alert for indicators of possible misstatement due to error or fraud © 2012 Ernst & Young Foundation (US). All Rights Reserved. Academic Resource Frames are mental structures or perspectives that we use to determine the relevance or importance of information. When General Barry McCaffrey became the nation’s “Drug Czar”, one for the first things he did was change the metaphor or frame that was being used by policy makers from the “war on drugs” to “drugs are a cancer on our nation”. They shape our perspectives and determine the information that we see as relevant or irrelevant, important or unimportant. On a financial reporting issue, alternative frames that one might consider are the perspective of regulators, analysts, investors, or a hindsight perspective, such as how will management’s judgment look if it is reported in the press in six months? Step 1: Defining the problem and identifying fundamental objectives is crucial. Skipping this step can result in time wasted solving the wrong problem and it can severely limit the set of alternatives available for consideration. Step 2: It is important to consider alternatives because our judgment can only be as good as the best alternative considered. Step 3 and 4: Gathering and evaluating appropriate amounts and types of information (Step 3) is a critical step in coming to an informed conclusion (Step 4). Step 5: Articulating and documenting the rationale for the conclusion provides the decision maker an important opportunity to reflect on the rationale for a judgment and on whether a sound professional judgment was made. “Although this 5-step process is simple and intuitive, it is important to realize that the judgment tendencies and shortcuts that human beings often rely on can short-circuit such a process, and as a result, our decisions can be biased.” Rush to Solve: The tendency to want to immediately solve a problem by making a quick judgment results in underinvestment in Steps 1and 2. Often the solution is to select the first seemingly workable alternative. As a result of the rush-to-solve trap, decision makers sometimes end up solving the wrong problem or they may settle for a suboptimal outcome. Money ball Clip In a group setting, this rush to solve is often manifested as a tendency to strive toward quick compromise and early consensus (i.e., groupthink). Fostering healthy debate and avoiding early consensus is key to avoiding unhealthy tendencies toward suppression of view or early, potentially premature consensus. Decision-makers may fall into this trap unaware and, as a result, unknowingly develop a limited view of the problem they are addressing, the objectives that they are trying to achieve, and the available alternatives. Judgment Triggers (2/6): Every judgment or decision has an initiating force that triggers a decision and that trigger can lead the decision maker to skip the early steps in the judgment process. Triggers often come in the form of an alternative masquerading as a problem definition, and we thus move forward without a complete understanding of the problem or objectives and without a complete consideration of other alternatives. Moneyball example… Overconfidence (3/6): The pervasive tendency to be overconfident can lead to suboptimal behavior in every step of a good judgment process. Overconfidence can lead to underinvesting in defining the problem and in identifying fundamental objectives, the consideration of too few alternatives, or truncating or skipping an information search, all of which can lead to suboptimal conclusions. Do you think experienced professionals are more or less inclined to fall victim to this threat? How to mitigate the Overconfidence Tendency: ◦ Challenge expert’s or adviser’s estimates ◦ Challenge extremely high or low estimates ◦ Challenge underlying assumptions “The greatest obstacle to discovery is not ignorance, it is the illusion of knowledge.” Daniel Boorstin (U.S. historian) Confirmation (4/6): The confirmation tendency and related potential judgment bias primarily affects Steps 3 & 4. Our tendency is to seek and overweight confirming information in the information gathering and evaluation steps and to favor conclusions that are consistent with our initial beliefs or preferences. If management has taken a particular stance in accounting for a complex transaction and the authoritative standards are not clear on the subject, the auditor may be likely to seek and to place inordinate weight on evidence that supports or “confirms” management’s treatment of the transaction. Mitigate the bias by being aware and seeking and considering disconfirming or conflicting information. Anchoring (5/6): This tendency primarily affects the gathering and evaluating of information. It is human nature to anchor on an initial value and adjust insufficiently away from that value in making our final assessments. Potential anchors are abundant in business settings: management estimates, historical data, industry data, past experience… Availability (6/6): This is the tendency for decision makers to consider information that is easily retrievable from memory as being more likely, more relevant, and more important for a judgment. The availability tendency can have particular influence when considering alternatives and evaluating evidence. Example: An auditor who identified a significant amount of unrecorded liabilities on a prior audit is likely to overestimate the likelihood of the presence of unrecorded liabilities on a subsequent audit. Step 1: Clarify Issues & Objectives http://www.youtube.com/watch?v=4oS0YzHBAGQ&fea ture-youtu.be Step 2: Consider Alternatives http://www.youtube.com/watch?v=ck6tURJ71w&feature-youtu.be Step 3 : Gather & Evaluate Information http://www.youtube.com/watch?v=qTjREYcGzyo&featu re-youtu.be 1. 2. 3. Increased projected margins by ____% Client suggests it will be able to fully realize NOL Factors client used to justify increase in margins: lease dayrate; operator percentage, rig ________, _____ operating, and projected margins 1. (lease dayrate and operator % are known factors (contracts; advance pricing agreement); others are estimates 4. Client using ____ years of projected profits _________ Alternatives ________________ Alternatives ________________ Alternatives ________________ Alternatives http://www.youtube.com/watch?v=DztX64AuQM&feature-youtu.be Would additional work be required? What kind? ◦ Test to ensure that all elements of the workpaper are consistent with prior tested assumptions and /or projections ◦ We might question management’s ability to reasonably estimate other items in the calculation and if they can project 9 years into the future. www.KPMGUniversityConnection.com Rigorous or Not? Suggested Solutions Projected Margins Gross NOL BOY Current Year NOL Generated / Applied Gross NOL EOY Projected NOL Application Valuation Allowance (if < 0, none recognized) 10% 2012 DTA 11% 2012 DTA 12% 2012 DTA 13% 2012 DTA 11,072,746 11,072,746 11,072,746 11,072,746 9,021,088 9,021,088 9,021,088 9,021,088 14% 2012 DTA 14.5% 2012 DTA 15.0% 2012 DTA 11,072,746 11,072,746 Valuation11,072,746 Allowance NOT needed at 15% projected margin9,021,088 9,021,088 9,021,088 20,093,833 Valuation Allowance 20,093,833 needed 20,093,833at 14.5% 20,093,833 projected margin 20,093,833 20,093,833 20,093,833 13,403,340 14,743,674 16,084,008 17,424,342 18,764,677 19,434,844 20,105,011 6,690,493 5,350,159 4,009,825 2,669,491 1,329,157 658,990 (11,177) © 2013 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. © 2013 Jan Taylor Morris 27 www.KPMGUniversityConnection.com Rigorous or Not? A Case for Auditor Judgment for Deferred Tax Issues Video Section 5 © 2013 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. © 2013 Jan Taylor Morris 28 The auditor, Stone, is proposing an adjustment to the client’s Valuation Allowance account. She notes that the workpapers will be documented to fully reflect both the auditor’s and client’s positions and that the remaining documentation will be dependent upon the client’s decision to revise the estimate to the more supportable 10% projected margin or not. Do you think the auditor should question management’s estimates in other areas, such as the Allowance for Uncollectible Receivables? The Tax Director mentioned that the Company uses “a conservative approach” in determining the profit margin for forecasting future taxable income and corresponding NOL utilization. According to professional accounting and auditing standards and using professional judgment, do you agree with the client’s approach? DUH?!? Awareness of the common threats to good judgment is the key initial step in improving judgment. In addition to the five framework steps, consider the following overarching considerations throughout the process of making a judgment: ◦ Consider materiality (i.e., the quantitative and qualitative significance of the issue) ◦ Involve others with subject matter expertise or more experience ◦ Manage any personal bias or bias of others ◦ Maintain professional skepticism, including fraud awareness http://www.kpmguniversityconnection.com/P rofessionalJudgment/CurriculumSupport/