/OJ-?^ Calcasieu Parish Tax Agency Fund Of fhe Calcasieu Parish School Board Lake Charles, Louisiana Financial Statements As of and for the Year Ended June 30, 2010 Under provisions o\s\Bie law. this r^^^QorX is a public Document. Acopy of tine repcrihas been submitted to the entity and otiier appropriate public officials. The report is available for public inspection at the Baton F^ouge office of the LegisiativeAuditor and. where appropriate, at the office of the parish clerk of court. Release Date cl^'^hf Calcasieu Parish Tax Agency Fund Of the Calcasieu Parish School Board Table of Contents Page INDEPENDENT AUDITORS' REPORT 1 -2 FINANCIAL STATEMENT Statement of Fiduciary Assets and Liabilities Notes to the Financial Statements Index Notes 4 5-7 OTTiER REPORT JlEQUIRhD BY GOVERNMENT A UDITING STANDARDS Report on Intemal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Govemment Auditing Standards 8-9 Schedule of Finding and Questioned Costs OTHER INFORMATION Corrective Action Plan for Current Year Finding and Questioned Costs 3 10 11 12 ALLEN, GREEN & WILLIAMSON, LLP Tim Green, CPA Margie Williamson, CPA Amy Tyncs, CPA CERTIFIED PUBLIC ACCOUNTANTS P. O. Box 6075 Monroe. LA 71211-^075 2441 Tower Drive Telephone: (318) 388-4422 Monroe, LA 71201 Ihe CPA. Never Underestimate TTie Value; Fax: (318)388-4664 Toll-free: {888)741-^205 www.allengreencpa.com Ainiec BuchauEiB, CPA Rachel Davis, CPA Jaime Esswein, CPA Diane FcrschofF, CPA Joshua [.egg, CPA Brian McBride, CPA Jaunicia Mcrccr, CPA CiDdy Thomason, CPA EnrtslL. Allen, CPA (Rctinx!) 1903-2000 INDEPENDENT AUDITORS^ REPORT Board Members Calcasieu Parish Tax Agency Fund ofthe Calcasieu Parish School Board Lake Charles, Louisiana We have audited the accompanying fmancial statement ofthe Calcasieu Parish Tax Agency Fund ofthe Calcasieu Parish School Board as of June 30, 2010, as listed in the table of contents. This financial statement is the responsibility ofthe Calcasieu Parish School Board's management. Our responsibility is to express an opinion on this financial statement based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to fmancial audits contained in Govemment Auditing Standards issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the fmancial statements are free of material misstatement. An audit includes consideration of intemal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness ofthe School Board's intemal control over financial reporting. Accordingly, we express no such opinion. An audit also includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. Wc believe that our audit provides a reiisonable basis for our opinion. As discussed in Note 1, the fmancial statement presents only the Calcasieu Parish Tax Agency Fund and do not purport to, and do not, present tairly the financial position ofthe Calcasieu Parish School Board, as of June 30,2010, and the changes in its financial position for the year then ended, in conformity with generally accepted accounting principles in the United States of America. 1 Member: AmeHcaa Institute of Certified Public Accountants, Society of Louisiana Certified Public Accountanu, American Inslttule of Certified Public Accountants Division for CPA Finns, Employee BcncGt Audit Quabty Center, and the GoverTimtait Audit Quality Center Bi]ual Opportunity Employer In our opinion, thefinancia/statement referred to above presents fairly, in all material respects, thefinancialposition ofthe Calcasieu Parish Tax Agency Fund ofthe Calcasieu Parish School Board, as of June 30,2010, in conformity with accounting principles generally accepted in the United States of America. The Calcasieu Parish Tax Agency Fund has not presented the Management's Discussion and Analysis that accounting principles generally accepted in the United States of America has determined is necessary to supplement, although not required to be part of, the basicfinancialstatements. In accordance with Govemment Auditing Standards, we have also issued our report dated January 7,2011, on our consideration ofthe Calcasieu Parish Tax Agency Fund's intemal control overfinancialreporting and on our tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion ofthe intemal control overfinancialreporting or on compliance. That report is an integral part of an audit performed in accordance with Govemment Auditing Standards and should be considered in assessing the results of our audit The information identified in the table of contents as other information has not been subjected to the auditing procedures applied in the audit ofthefijiancialstatement and, accordingly, we express no opinion on it ALLEN, GREEN & WILLIAMSON, LLP Monroe, Louisiana January 7,2011 Calcasieu Parish Tax Agency Fund Ofthe Calcasieu Parish School Board Statemeot of Fiduciary Assets and Liabilities June 30, 2010 ASSETS Cash Accounts receivable sales tax vendors, net Cash restricted $ 142,146 18,624,503 7,322,815 26,089,464 Total Assets LIABILITIES Deposits due others Taxes paid under protested from restricted assets 18,766,649 7,322,815 $26,089,464 Total Liabilities The notes to the financial statements arc an integral part of this statement. 3 Calcasieu Parish Tax Agency Fund Of the Calcasieu Parish School Board Notes to the Financial Statements June 30,2010 I>{L)EX Page NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES 5 A. REPORTING ENTITY 5 B. FUND ACCOUNTS 5 C. BASIS OF ACCOUNTING 5 D. USE OF ESTIMATES 5 NOTE 2 - DEPOSITS 6 NOTE 3 - DEPOSITS DUE OTHERS 6 NOTE 4-ACCOUNTS RECEIVABLE 7 NOTE 5 - COMMIT\ffiNTS AND CONTTNGENCIES 7 NOTE 6 - TAXES PAID UNDER PROTEST 7 NOTE 7 - PRIOR PERIOD ADJUSTMENT 7 Calcasieu Parish Tax Agency Fund Ofthe Calcasieu Parish School Board Notes to the Financial Statements June 30, 2010 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The Calcasieu Parish 1 ax Agency Fund has been formed under joint agreement ofthe Calcasieu Parish School Board, the Calcasieu Parish Police Jury, the City of Lake Charles, the City of Sulphur, the Town of Iowa, the Town of DeQuincy, the Town of Vinton, the Town of West Lake, Law Enforcement #1, and the Southwest Tourist Bureau for the collection of sales, use taxes and other fees, in accordance with Louisiana Revised Statutes 33:2844. The Calcasieu Parish Tax Agency charges the Law Enforcement #1 district a collection fee of 0.25% yet not to exceed 1.0% of total collections to cover operating costs ofthe Calcasieu Parish Tax Agency Fund ofthe Calcasieu Parish School Board. The Southwest Tourist Bureau is charged a collection fee based on a proportionate share ofthe operating cost ofthe Calcasieu Parish Sales Tax Agency. This collection fee amount varies each month based on the level of operating expenses during that month. The Calcasieu Parish Tax Agency charges the remaining joint govemmental entities a collection fee of 1% of total collections to cover operating costs for Calcasieu Parish Tax Agency Fund ofthe Calcasieu Parish School Board. The minimum amount that shall be paid each year by the Town of Iowa, the Town of Dequincy, and the Town of Vinton is $1,000. A. REPORTING ENTITY Forfinancialreporting purposes, in conformance with GASB Statement No, 14, the Calcasieu Parish Tax Agency Fund is an agency fund of the Calcasieu Parish School Board. Accordingly, the accompanyingfinancialstatement presents only the accounts ofthe tax agency fund and is not intended to present fairly the financial position and results of operations of the Calcasieu Parish School Board in conformity with accounting principles generally accepted in the United States of America. The Calcasieu Parish Tax Agency Fund is included as part ofthefinancia!statements ofthe Calcasieu Parish School Board. B. FUND ACCOUNTS A fund is a separate accounting entity with a self-balancing set of accounts that comprises its assets, liabilities, fiind equity, revenues, and expenditures. Funds are classified into one category, fiduciary. The category, in turn, is divided into separate "fund typyes." Fiduciary fimds are used to account for assets held for others. The tax agency fund requires the use of a fiduciary fijnd as described below: Fiduciary Fund - The Calcasieu Parish Tax Agency Fund is used to account for the collection and distribution of sales and use taxes imposed by the various taxing authorities within the parish and also occupancy taxes that are levied on hotel rooms, including overnight camping facilities. The agency fiind is custodial in nature (assets equal liabilities) and does not involve measurement of results of operations. C. BASIS OF ACCOUNTING The basis of accounting for an agency fund is the accrual basis. The measurement focus is custodial, since the fund is not involved with the performance of govemmental services. An agency fund has no revenues or expenditures and therefore there is no fund balance or need to measure the results of operations for a period. D. USE OF ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date ofthe fmancial statement and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. Calcasieu Parish Tax Agency Fund Of the Calcasieu Parish School Board Notes to the Financial Statements June 30, 2010 NOTE 2 - DEPOSITS At June 30, 2010, the Tax Agency has cash and cash equivalents (book balances) totaling $7,464,961. hicluded in this amount $7,322,815 is restricted assets. Deposits are stated at cost, which approximates fair value. Under state law, these deposits (or the resuUing bank balances) must be secured by federal deposit insurance or the pledge of securities owned by the fiscal agent bank. The fair value of the pledged securities plus the federal deposit insurance must at all times equal the amount on deposit with the fiscal agent. These securities are held in the name ofthe pledging fiscal agent bank in a holding or custodial bank that is mutually acceptable to both parties. Custodial Credit Risk - Deposits: The bank balance was $7,464,512. Iji the case of deposits this is dieriskthat in the event of a bank failure, the Tax Agency fund deposits may not be returned to it. TTie bank balance was fully covered by federal depository insurance at June 30,2010. Even though the pledge securities are considered uncollateralized under the provisions of GASB Statement 3, Louisiana Revised Statue 39:1229 imposed a statutory requirement on the custodial bank to advertise and sell the pledged securities within 10 days of being notified by the Tax Agency the fiscal agent has failed to pay deposited funds upon request. NOTE 3 - DEPOSITS DUE OTHERS A summary of changes in deposits due others for the year ended June 30, 2010, is as follows: BALANCE, Beginning PLUS: Prior Year Hotel-Motel Tax Receivable BALANCE, Beginning as restated % 20,641,007 284,094 20,925,101 ADDITIONS: Sales tax collections 202,131.498 DEDUCTIONS: Taxes distributed to others: Calcasieu Parish School Board Calcasieu Parish Police Jury City of Lake Charles City of Sulphur Town of Iowa Town of DeQuincy To^vn of Vinton Town of Westlake Law Enforcement District #1 Southwest Tourist Bureau Transfer to School Board- Hotel-Motel Collection Fee 82,137.731 30.649.033 42,031,916 11,967,073 1,250,877 1.225,638 832,617 1,940,684 29,461,626 2,772,189 20,566 204,289.950 Total deductions BALANCE, Ending $ 18,766,649 Calcasieu Parish Tax Agency Fund Of the Calcasieu Parish School Board Notes to the Financial Statements June 30, 2010 NOTE 4 - ACCOUNTS RECEIVABLE The balance in accounts receivable ($ 18,624,503) represents sales tax and occupancy tax collections in July, 2010 for June sales and the total of delinquent accounts at year end, which is net of allowance for doubtful accounts of $ 1,515,892. NOTE 5 - COMMITMENTS AND CONTINGENCIES At June 30.2010, the Calcasieu Parish Tax Agency was involved in multiple litigations. The lawsuits are in regard to taxes paid under protest by various vendors. There are currently six pending cases where the vendor hasfiledfor a refund of taxes paid under protest. If the Tax Agency wins these pending cases, then the taxes paid under protest plus statutory interest will be retained by the Tax Agency. If the Tax Agency loses, then the taxes paid under protest plus statutory interest will be refimded to the vendor. NOTE 6 - TAXES PAID UNDER PROTEST There is currently $7,322,815 in Taxes Paid Under Protest. There was one vendor that paid a total of $1,447,236 in taxes paid under protest during the 2009-2010 year. This vendor paid these taxes in June of 2010 and is seeking a refund for the payment of these taxes. The remaining $5,875,578 is attributable to various other vendors which have paid taxes under protest and interest that has been eamed on those payments. Taxes paid under protest are being held in a separate bank account pending the outcome of any litigation and requests for refunds. NOTE 7 - PRIOR PERIOD ADJUSTMENT An adjustment of $284,094 was made for the total ofthe hotel-motel tax that was collected in July 2009 and was not reported as a receivable in the prior year. Therefore, assets were understated in the prior year by this amoimt. Otdtred) ALLEN, GREEN & WILLIAMSON, LLP 1963 B 2000 CERTIFIED PUBLIC ACCOUNTANTS P. O. Box 6075 Tim Green, CPA Mareie Williamson, CPA Amy Tynes, CPA Monroe, LA 71211-6075 2441 Tower Drive Telephone; (318) 388-4422 Monroe. LA 71201 IfhtCPA. Never URderestimate The Value. Fax: {318)388-4664 Tol[-free: (888)741-0205 www.allengreencpa.com Aioaec Buchanan, CPA Rachel Davis, CPA Jaime Esswein, CPA Diane Ferschoff, CPA Joshua Lcgg, CPA Brian McBride, CPA Jaunicia Mercer, CPA Cindy Thomason, CPA Eimst L AUco, CPA (Aetircd) 1963 - 200C Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards Board Members Calcasieu Parish Tax Agency Fund ofthe Calcasieu Parish School Board Lake Charles, Louisiana We have audited the financial statement ofthe Calcasieu Parish Tax Agency Fund ofthe Calcasieu Parish School Board as of June 30,2010, and have issued our report thereon dated January 7, 2011. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Govemment Auditing Standards, issued by the Comptroller General ofthe United States. As discussed in Note 1 ofthe notes to the fmancial statements, thefinancialstatement ofthe Calcasieu Parish Tax Agency Fund is intended to present only the assets and liabilities ofthe Calcasieu Parish School Board that is attributable to the transactions ofthe Calcasieu Parish Tax Agency Fund, Intemal Control Over Financial Reporting In planning and performing our audit, we considered the Calcasieu Parish Tax Agency Fund ofthe Calcasieu Parish School Board's intemal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness ofthe Calcasieu Parish Tax Agency Fund ofthe Calcasieu Parish School Board's intemal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness ofthe Calcasieu Parish Tax Agency Fund for the Calcasieu Parish School Board's internal control over financial reporting. A deficiency in intemal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or combination ofdeficiencics, in intemal control, such that there is a reasonable possibility that a material misstatement ofthe entity'sfinancialstatements will not be prevented, or detected and corrected on a timely basis. Our consideration of intemal control over financial reporting was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in intemal control overfinancialreportmg that might be deficiencies, significant deficiencies or material weaknesses. We did not identify any deficiencies in intemal control over fmancial reporting that we consider to be material weaknesses, as defined above. However, we identified a certain deficiency in internal control overfinancialreporting, described in the accompanying schedule of findings and questioned costs as item 10-Fl that we consider to be a significant deficiency in intemal control over financial reporting. A significant deficiency is a deficiency, or a combination of deficiencies, in mtemal control that is less severe than a material weakness, yet important enough to merit attention by those charged with govemance. 8 Member: American Institute ofCemTieil Public Accountants, Society of Louisiana Certified Public Accountants, American Institute of Certiiicd Public Accountants Division for CPA Finns, Employee Benefit Audit Quality Center, and the Oovemmcat Audit Quait^ Center Equal opportunity FjDployer Compliance and Other Matters As part of obtaining reasonable assurance about whether the Calcasieu Parish Tax Agency Fund ofthe Calcasieu Parish School Board'sfinancialstatement is free of material misstatement, we perfonned tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. The Calcasieu Parish Tax Agency Fimd ofthe Calcasieu Parish School Board's response to thefindingidentified in our audit is described in the accompanying corrective action plan for current yearfindingsand quesfioned costs. We did not audit the Tax Agency's response and, accordingly, we express no opinion on it. This report is intended solely for the information and use of the Board, management, others within the entity, Calcasieu Parish Police Jury, the City of Lake Charles, the City of Sulphur, the Town of Iowa, Town of DeQuincy, Town of Vinton, Town of West Lake, Law Enforcement District 3^1, and Southwest Tourist Bureau, and is not intended to be and should not be used by anyone otlier than the specified parties. Although the intended use of this letter may be limited, under Louisiana Revised Statute 24:513 this letter is distributed by the Office ofthe Louisiana Legislative Auditor as a public document. ALLEN, GREEN & WILLL\MSON, LLP Monroe, Louisiana Januar>'7,2010 Calcasieu Parish Tax Agency Fund Of the Calcasieu Parish School Board Schedule of Finding and Questioned Costs For Year Ended June 30, 2010 Reference # and title: 10-Fl Internal Control Over Sales Tax Collections Entity-wide or program/department specific: Thisfindingis entity-wide. Criteria or specific requirement: Good intemal controls over sales tax collections should include procedures to ensure proper documentation of timeliness of sales tax deposits. Condition: During the testing of sales tax collections remitted to the Sales Tax Agency, it was noted that the Sales Tax Agency is not documenting the date sales tax returns are received. Therefore, the auditor was unable to determine if the funds collected were deposited in a timely manner. Possible asserted effect (cause and effect): Cause: The Sales Tax Agency does not document the date sales tax retums are received at fhe Agency to begin processing. Effect: The funds collected from sales tax returns could possibly be deposited untimely, which weakens intemal control. Recommendations to prevent future occurrences: The Sales Tax Agency should implement procedures lo document the date sales tax returns are received, either through stamping the date on the return, keeping a collection log, or initialing and dating the return. 10 Calcasien Parish Tax Agency Fund OTHER INFORMATION Calcasieu Parish Tax Agency Fund Ofthe Calcasieu Parish School Board Corrective Action Plan for Current Year Finding and Questioned Costs For Year Ended June 30, 2010 Reference # and title: 10-Fl Internal Control Over Sales Tax Collections Condition: During the testing of sales tax collections remitted to the Sales Tax Agency, it was noted that the Sales Tax Agency is not documentmg the date sales tax retums are received. Therefore, the auditor was unable to determine if the funds collected were deposited in a tunely manner. Corrective action planned: The Sales Tax Department will implement procedures that will provide for date stamping all retums received on the actual date they are received by the tax office. Written procedures associated with this requirement will be prepared and included in our current office's practices and procedures. Person responsible for corrective action plan: Karl Bruchhaus, Chief Financial Officer 3310 Broad Street Lake Charles, LA 70615 Phone: 337-217-4000 Fax: 337-217-4011 Anticipated completion date: Febmary 1,2011. 12