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	<title>admin &#8211; Kreston Albania</title>
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	<link>https://www.kreston.al</link>
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	<title>admin &#8211; Kreston Albania</title>
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		<title>Networks and the benefits of ISA 600 compliance</title>
		<link>https://www.kreston.al/isa-600-compliance/</link>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Tue, 11 Jun 2024 09:20:08 +0000</pubDate>
				<category><![CDATA[Kreston Global]]></category>
		<guid isPermaLink="false">https://www.kreston.al/?p=2432</guid>

					<description><![CDATA[Since a recent revision, ISA 600 compliance demands a more rigorous approach to group audits. Kreston Global Audit Group Deputy]]></description>
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<p>Since a recent revision, ISA 600 compliance demands a more rigorous approach to group audits. Kreston Global Audit Group Deputy Technical Director, <a href="https://www.linkedin.com/in/herbchain/">Herbert M. Chain</a>, explores how networks can better service their clients when carrying out group audits.</p>
<h2 class="wp-block-heading">New ISA 600 standards</h2>
<p>The landscape of international auditing is changing. The revised International Standard on Auditing (ISA) 600, “<a href="https://www.iaasb.org/publications/international-standard-auditing-600-revised-special-considerations-audits-group-financial-statements">Audits of Group Financial Statements (Including the Work of Component Auditors)</a>,” demands a more rigorous approach to group audits, particularly when involving member firms of global networks. This essay explores how networks can effectively adopt ISA 600, emphasising collaborative strategies and highlighting the standard’s potential benefits for the network and its clients.</p>
<h2 class="wp-block-heading">Understanding the challenge: The nuances of ISA 600</h2>
<p>ISA 600 introduces significant changes compared to its predecessor. A key emphasis is on a proactive, risk-based approach. This necessitates a deeper understanding of the group’s structure, internal controls, and potential areas of misstatement across all component entities. Additionally, the standard strengthens the requirements for two-way communication between the group auditor and the component auditors performing audits of component entities (often a member firm of a network, but also including nonmember firms). Clear documentation of communication, along with a robust evaluation of the competence and capabilities of component auditors, becomes essential under ISA 600.</p>
<h2 class="wp-block-heading">The network effect</h2>
<p>While the complexities of ISA 600 might seem daunting, there are several areas to consider strengthening when effectively adopting the standard. Here are some examples:</p>
<ul>
<li>Knowledge share: Develop forums to share information, knowledge, training and approaches to many areas of the audit practice and serving clients. This forum can be a fulcrum to a consistent adoption approach to ISA 600.</li>
<li>Standardised Quality Control Procedures: Networks should develop standardised quality control procedures specific to group audits under ISA 600. These procedures would outline the network’s expectations for member firms regarding risk assessment, communication protocols, and documentation practices. This standardisation would ensure a consistent level of audit quality across the network, giving clients confidence in Kreston Global’s group audit services.</li>
</ul>
<p>The benefits of adopting global standardisation include:</p>
<ul>
<li>Enhanced Audit Quality: A rigorous application of ISA 600 leads to more robust and reliable group audits. This translates to increased confidence from stakeholders, including investors and regulators.</li>
<li>Global Consistency and Scalability: Standardized procedures under ISA 600 ensure consistent audit quality at scale. This consistency and scalability become critical advantages when catering to the needs of multinational corporations seeking a single audit provider for their global operations.</li>
<li>Attracting and Retaining Top Talent: A commitment to a strong ethical framework and adherence to rigorous standards like ISA 600 positions networks as an attractive employer for skilled auditors.</li>
</ul>
<h2 class="wp-block-heading">Continuous improvement</h2>
<p>The successful adoption of ISA 600 requires a commitment to continuous improvement and collaboration. Development of standard practices and documentation, and regular monitoring and evaluation of the network’s implementation practices are crucial to success. Additionally, fostering open communication channels between and among member firms and the central network leadership allows for the early identification of challenges and facilitates the development of effective solutions.</p>
<p> </p>
<p><em><strong>Author:</strong></em> <em>Herbert M. Chain, Shareholder, Mayer Hoffman McCann P.C, Deputy Technical Director, Global Audit Group, Kreston Global</em></p>
<p><em><strong>Reposted from: </strong><a href="https://www.kreston.com/article/isa-600-compliance/">https://www.kreston.com/article/isa-600-compliance/</a></em></p>
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		<title>Internal audit in the age of cybersecurity threats</title>
		<link>https://www.kreston.al/internal-audit-in-age-of-cyber-threats/</link>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Mon, 10 Jun 2024 09:13:20 +0000</pubDate>
				<category><![CDATA[Kreston Global]]></category>
		<guid isPermaLink="false">https://www.kreston.al/?p=2427</guid>

					<description><![CDATA[Ricardo Gameroff, Managing Partner at&#160;Kreston BA Argentina&#160;and Global Audit Business Development Director at Kreston Global, emphasises the crucial role of]]></description>
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<p><a href="https://www.linkedin.com/in/accountingfirmargentina/">Ricardo Gameroff</a>, Managing Partner at&nbsp;<a href="https://www.linkedin.com/company/kreston-ba-argentina/">Kreston BA Argentina</a>&nbsp;and Global Audit Business Development Director at Kreston Global, emphasises the crucial role of internal audit in combating cyber threats. His article in the Audit &amp; Risk magazine, the&nbsp;<a href="https://www.iia.org.uk/">Chartered IIA’s publication</a>, discusses how evolving internal audit practices enhance resilience against threats like ransomware, phishing, BEC attacks, and brand impersonation through meticulous risk assessment and proactive monitoring.&nbsp;<a href="https://www.iia.org.uk/audit-risk-magazine/">Click here to access the complete publication</a>, or read the summary below.</p>



<h2 class="wp-block-heading">Internal audit as a defensive tool</h2>



<p>Internal audits have always played a key role in mitigating cyber risks and protecting organizational assets. Moreover, recent advancements in auditing processes have expanded its capabilities beyond traditional methods. Now, internal audit teams can leverage innovative technologies to adapt quickly to evolving cyber threats.</p>



<p>Key recommendations for internal audit teams:</p>



<ul class="wp-block-list">
<li><strong>Continuous monitoring</strong>: Use automated tools and analytics to monitor network activity, detect anomalies, and identify potential security breaches in real time.</li>



<li><strong>Enhance cyber security skills:</strong> Invest in ongoing training and professional development to keep up with emerging threats and best practices.</li>



<li><strong>Integrate data analytics:</strong> Use data analytics to improve risk assessment and detect suspicious activities by analysing large data sets for patterns and anomalies.</li>



<li><strong>Collaborate with IT and security teams:</strong> Work closely with IT and security departments to understand the organisation’s IT infrastructure and vulnerabilities, tailoring audit procedures to the risk profile.</li>
</ul>



<h2 class="wp-block-heading">Ethical artificial intelligence</h2>



<p>A strong understanding of ethics and a robust corporate culture are crucial for protecting organizations against cyber threats. Additionally, internal audits can help management monitor and support organizational culture. Consequently, this ensures all employees understand expected behaviors regarding cybersecurity and ethics. This fosters good decision-making and strengthens governance and controls.</p>



<p>With the rise of AI in decision-making and automation, ensuring transparency, accountability, and bias-free systems is essential. Furthermore, internal auditors can aid in implementing ethical AI practices by auditing AI algorithms and ensuring regulatory compliance. Early involvement in AI initiatives allows auditors to advise on risks and suggest solutions.</p>



<h2 class="wp-block-heading">Components cyber preparedness</h2>



<p>Preparation is key in combating cyber threats. Establishing enterprise cyber preparedness involves governance, strategy, incident response, and employee training.</p>



<ul class="wp-block-list">
<li><strong>Governance and strategy:</strong> Internal audit should support and advise on effective cyber security management, helping to establish clear policies, procedures, and accountability structures. Defining roles, responsibilities, and strategic objectives aligned with business goals is crucial.</li>



<li><strong>Risk assessment:</strong> Regular risk assessments help identify and prioritise cyber risks, allowing for efficient resource allocation and targeted mitigation strategies.</li>



<li><strong>Incident response:</strong> Organisations need a formal incident response plan with designated teams and regular training exercises. Proactive measures like threat intelligence monitoring and incident detection systems are essential for swift and effective responses.</li>



<li><strong>Employee training:</strong> Educating employees on cyber threats and best practices is vital, as human error remains a common cause of incidents. Regular training on phishing, password security, safe internet usage, and security awareness campaigns fosters a culture of vigilance.</li>
</ul>



<h2 class="wp-block-heading">Internal audit preventing incidents</h2>



<p>It’s difficult to find examples of internal audits preventing cyber security incidents, as “near misses” aren’t publicised. However, successful cyber attacks often highlight how effective audit practices could mitigate or prevent breaches.</p>



<p>In the automotive industry, the 2023&nbsp;<a href="https://www.tesla.com/en_gb">Tesla&nbsp;</a>data breach affected over 75,000 individuals due to an “inside job” by two former employees. This incident underscores the importance of comprehensive employee training, stringent access controls, regular audits, and whistleblower policies to detect unauthorised access and risky behaviour.</p>



<p>In the financial services sector, the March 2017&nbsp;<a href="https://www.equifax.co.uk/?gad_source=1&amp;gclid=CjwKCAjwyJqzBhBaEiwAWDRJVIMWpYJVVk14EKNnwvUju4j-ttnviEgEBw_xO52oaiU0HszXXZVG4hoCeMYQAvD_BwE&amp;gclsrc=aw.ds">Equifax</a>&nbsp;data breach, which affected nearly 150 million people, resulted from attackers exploiting IT system vulnerabilities. Additionally, while external attacks are complex to prevent, internal audit teams focusing on robust cyber security measures, data management practices, and internal controls can help detect breaches quickly and ensure swift damage mitigation and notification.</p>



<p><a href="https://mailchimp.com/landers/email-marketing-platform/?ds_c=DEPT_AOC_Google_Search_UK_EN_Brand_Acquire_Omega_MKAG_UK&amp;ds_kids=p80048369112&amp;ds_a_lid=kwd-2285511033&amp;ds_cid=71700000118582195&amp;ds_agid=58700008710455164&amp;gad_source=1&amp;gclid=CjwKCAjwyJqzBhBaEiwAWDRJVHKvO7-56cVY0314uAEtqqiK-uVD9bd8Wla0cu1NilPyJcUw-Jfu7RoCvf4QAvD_BwE&amp;gclsrc=aw.ds&amp;currency=GBP">Mailchimp</a>, a provider of email marketing services, has faced numerous data breaches due to social engineering attacks on its employees, resulting in compromised user accounts and customer data exposure. Internal audits should ensure employees receive adequate cyber security training and assess the implementation of two-factor authentication and practical identity management practices. Additionally, policies and systems must be in place to detect and mitigate vulnerabilities swiftly and promptly address breaches.</p>



<p>As technology evolves rapidly, so do the associated risks. Internal audit must adapt its practices and utilise technology advancements, such as AI, data analytics, and machine learning, to proactively identify potential vulnerabilities and predict emerging threats. Internal audit teams capable of foreseeing future risks can provide valuable guidance to management, positioning the organisation optimally to respond to inevitable cyber-attacks. </p>



<p><strong><em>Author: </em></strong><em>Ricardo Gameroff, Partner, Kreston BA Argentina, Argentina</em></p>



<p><em><strong>Reposted from:</strong> <a href="https://www.kreston.com/article/internal-audit-in-age-of-cyber-threats/">https://www.kreston.com/article/internal-audit-in-age-of-cyber-threats/</a></em></p>
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		<title>How to prepare your company for the IPO window</title>
		<link>https://www.kreston.al/ipo-window/</link>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Fri, 09 Feb 2024 10:10:04 +0000</pubDate>
				<category><![CDATA[Kreston Global]]></category>
		<guid isPermaLink="false">https://www.kreston.al/?p=2423</guid>

					<description><![CDATA[The initial public offering (IPO) window offers a pivotal opportunity for companies aiming to go public. With the market showing]]></description>
										<content:encoded><![CDATA[
<p>The initial public offering (IPO) window offers a pivotal opportunity for companies aiming to go public. With the market showing signs of revival, businesses must ensure their financial foundations are robust and ready for the challenges and opportunities of going public. This guide, authored by&nbsp;<a href="https://www.linkedin.com/in/gary-klintworth-cpa-67b5401/">Gary Klintworth</a>, (a Senior Managing Director at&nbsp;<a href="https://www.kreston.com/members/cbiz-mhm/">CBIZ</a>), has extensive experience in financial consulting and IPO preparation. This brief guide outlines essential steps to ensure your company is well-prepared for the IPO window.</p>



<h2 class="wp-block-heading">What is an IPO window?</h2>



<p>The IPO window refers to the period when market conditions are favourable for companies to go public. Investor optimism, stable economic conditions, and a receptive stock market characterise it. During this window, companies can achieve higher valuations and receive a warm welcome from investors. Timing the market correctly is crucial, as the window can close due to economic downturns, regulatory changes, or shifts in investor sentiment.</p>



<h2 class="wp-block-heading">Preparing for the IPO window</h2>



<h3 class="wp-block-heading">Key steps to financial readiness</h3>



<h4 class="wp-block-heading">1. Assemble the right team early</h4>



<p>Before embarking on the public path, it’s imperative to gather a team capable of managing the new demands of public company operations, including SEC filings, financial projections, and audits. In an inflationary environment, starting early with the right advisors can save costs and build a strong foundation for your public journey.</p>



<h4 class="wp-block-heading">2. Enhance financial reporting and compliance</h4>



<p>Transitioning to public company standards requires a rigorous approach to financial reporting. Closing the books with precision and preparing for SEC filings demand a level of accuracy and timeliness unfamiliar to most private companies. Implementing software tools and conducting dry runs of reporting processes can smooth the transition.</p>



<h4 class="wp-block-heading">3. Secure accurate and timely data</h4>



<p>For a company preparing to go public, the integrity of its data is paramount. Efficient systems and reliable APIs are crucial for managing the volume of post-IPO data and ensuring accurate forecasting and reporting to the market.</p>



<h4 class="wp-block-heading">4. Communicate effectively with the market</h4>



<p>A successful IPO is not just about the numbers; it’s about telling your company’s story compellingly. Aligning key metrics with the narrative of your business’s current and future success is essential for engaging investors and underwriters.</p>



<h4 class="wp-block-heading">5. Explore strategic growth opportunities</h4>



<p>The period leading up to an IPO is an ideal time to explore growth strategies and cost-saving measures. Balancing the pursuit of growth with the necessity of profitability and positive cash flow is vital in today’s cautious investment climate.</p>



<h3 class="wp-block-heading">The importance of long-term strategy</h3>



<p>“Preparing for an IPO isn’t just about getting it right for day one,” notes Bradley Coleman, underscoring the importance of strategic planning for the days following the IPO. A successful transition to a public entity involves a continuous commitment to strategic growth, operational excellence, and financial integrity.</p>



<h3 class="wp-block-heading">Conclusion</h3>



<p>As the IPO window reopens, the readiness of your company plays a critical role in seizing the opportunities ahead. By focusing on financial fundamentals, strategic planning, and effective communication, businesses can navigate the complexities of going public with confidence. Gary Klintworth’s insights provide a valuable roadmap for companies aiming to thrive in the public market.<br><br><em><strong>Author: </strong>Gary Klintworth</em></p>



<p><em><strong>Reposted from:</strong> <a href="https://www.kreston.com/article/ipo-window/">https://www.kreston.com/article/ipo-window/</a></em></p>
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		<title>EU Sustainability Regulations</title>
		<link>https://www.kreston.al/eu-sustainability-regulations/</link>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Fri, 12 Jan 2024 08:33:09 +0000</pubDate>
				<category><![CDATA[Kreston Global]]></category>
		<guid isPermaLink="false">https://www.kreston.al/?p=272</guid>

					<description><![CDATA[Central Europe’s manufacturing sector is being reshaped by EU Sustainability regulations, impacting countries like Slovakia, Romania, and Hungary. The aftermath of the Ukraine war]]></description>
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<p>Central Europe’s manufacturing sector is being reshaped by EU Sustainability regulations, impacting countries like <a href="https://www.kreston.com/doing-business-in/slovakia/">Slovakia</a>, <a href="https://www.kreston.com/vat-guide/romania/">Romania,</a> and <a href="https://www.kreston.com/vat-guide/hungary/">Hungary</a>. The aftermath of the Ukraine war and Germany’s reevaluation of its reliance on China have disrupted supply chains, driving up power costs and prompting a shift towards cleaner energy sources.</p>
<p>We inteviewed <a href="https://www.linkedin.com/in/j%C3%BAlius-%C4%8Din%C4%8Dala-9779481b9/">Július Činčala</a> and <a href="https://www.linkedin.com/in/zuzana-sidorov%C3%A1-26a0aa70/">Zuzana Sidorová</a> of <a href="https://www.kreston.com/members/kreston-slovakia/">Kreston Slovakia</a>, about how EU regulations affect doing business in the region.</p>
<h3 class="wp-block-heading"><strong>EU sustainability regulations impact on Central European manufacturing</strong></h3>
<p>Central Europe has traditionally played a smaller role in global manufacturing figures than other European neighbours. However, since the outbreak of the Ukraine war and Germany’s pre-Covid reliance on China, broken supply chains have driven up power costs.</p>
<p>Higher prices and new carbon reduction regulations favourably reposition countries like Slovakia, Romania and Hungary who have some of the highest shares of electricity from clean sources well above the West European average.</p>
<p>As the European Union grapples with balancing new environmental standards and maintaining its competitive edge on the global market, ambitious countries like Slovakia are becoming test beds for the new sustainability-focused landscape. With the advent of carbon emissions reporting within the EU, will listed and large companies relocate in droves to save money and carbon?</p>
<h3 class="wp-block-heading">Driving carbon emissions down and costs up</h3>
<p>The EU’s commitment to environmental sustainability is not without its challenges. Činčala believes that it will be easier to relocate manufacturing outside of Europe, rather than deal with the complexity of carbon emission reporting, while the process is being established,</p>
<p>“Slovakia has always been an industrial country. However, the higher power costs have seen companies seek to relocate manufacturing operations to China. We see this with our clients now. They are freezing operations as transforming their business to meet carbon emissions far outweighs any cost saving or carbon saving they receive from being in Slovakia.</p>
<h3 class="wp-block-heading">Tax on imports</h3>
<p>Although alarming, Činčala has been advising the Slovak government on dealing with these challenges for over 25 years, so has a clear view on the options available to the EU.</p>
<p>“If we want higher investments in green energy and business transformation we have to invest more in education, people, and transformation models. Currently, products that are manufactured outside of the European Union are cheaper because they’re not subject to the same level of regulation and transformation costs we face in the EU. This is why we need to find a way to fortify ourselves and our market. For example, by introducing new tax regulations on products made in third countries and imported into the EU.”</p>
<h3 class="wp-block-heading">Transfer pricing compliance</h3>
<p>With some unrest in the region, Činčala’s colleague, tax expert Zuzana Sidorová, has advice for any businesses moving operations around Europe, specifically into Slovakia,</p>
<p>“In recent months, a number of companies have approached us to transfer their business from Ukraine territory to Slovakia or to another European country.”</p>
<p>In Slovakia, any company that does transactions within its group, either locally or across borders, must follow transfer pricing rules, in line with the OECD (Organization for Economic Co-operation and Development) guidelines.</p>
<h3 class="wp-block-heading">Common Transfer Pricing challenges in Slovakia</h3>
<p>In Slovakia, many international companies are considered “limited risk,” like manufacturers, distributors, or service providers. These companies often report losses despite having little decision-making power. Sidorová has clear advice for companies with limited risk businesses in satellite European countries;</p>
<p>“From a transfer pricing perspective, they shouldn’t be reporting losses. Tax authorities often investigate these loss-reporting, internationally-owned companies, leading to lengthy and difficult tax audits. These audits can result in extra corporate taxes and can be extended to cover multiple tax periods.”</p>
<h3 class="wp-block-heading">Transfer Pricing benchmarks</h3>
<p>Sidorová advises her clients making cross-border or local (Slovak) intra-group transactions needs to review and update its transfer pricing file on a yearly basis. The benchmarking analysis must be prepared every three years, with annual financial updates of comparables (compliance with OECD transfer pricing guidelines).</p>
<h3 class="wp-block-heading">Staying competitive</h3>
<p>As the EU intensifies its sustainability focus, companies in Slovakia must adapt quickly. Success hinges on embracing green technology and understanding local tax and transfer pricing rules. It’s essential for businesses to align their operations with EU environmental goals, not just to comply with regulations, but to stay competitive and sustainable in the long run. Keeping up to date with any rapid tax updates in response to competitive markets is vital to maintain the viability of companies based in Slovakia. This strategic alignment by Slovakian companies is not only crucial for their own sustainability but also serves as a model for the wider European Union, demonstrating how economic resilience and environmental responsibility can coexist and drive progress across the continent.</p>
<p><em><strong>Authors:</strong> Julius Cincala, Partner at Kreston Slovakia, and Zuzana Siderova, Tax Manager, Tax Advisor and Transfer pricing specialist, Kreston Slovakia</em></p>
<p><em><strong>Reposted from:</strong> <a href="https://www.kreston.com/article/eu-sustainability-regulations/">https://www.kreston.com/article/eu-sustainability-regulations/</a></em></p>
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		<title>Understanding the Unshell Directive in the EU</title>
		<link>https://www.kreston.al/anti-tax-avoidance-directive-3-atad-3/</link>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Mon, 08 Jan 2024 08:17:25 +0000</pubDate>
				<category><![CDATA[Kreston Global]]></category>
		<guid isPermaLink="false">https://www.kreston.al/?p=258</guid>

					<description><![CDATA[Anti-Tax Avoidance Directive 3 (ATAD 3), also referred to as the Unshell Directive, is a pivotal proposal by the EU]]></description>
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<p>Anti-Tax Avoidance Directive 3 (ATAD 3), also referred to as the Unshell Directive, is a pivotal proposal by the EU Commission aimed at curbing the misuse of shell entities for tax purposes.</p>
<p><a href="https://www.europarl.europa.eu/doceo/document/TA-9-2023-0004_EN.html">The directive received an amended approval from the European Parliament on 17 January 2023</a>. However, the decision now rests with the European Council, which will determine whether to accept or amend the proposal.</p>
<p>The legislation was slated to come into effect from 1 January 2024, but implementation of the directive could be delayed until January 2026.</p>
<p>It’s worth noting that shell entities located outside the EU, particularly in Switzerland, the UK, Dubai, Singapore and Hong Kong, will be covered under ATAD 4.</p>
<p>In a recent interview, Jelle R Bakker, Kreston Global Regional Tax Group Director, sheds light on the intricacies of the ATAD 3.</p>
<h2 class="wp-block-heading">The shell company conundrum</h2>
<p>Shell companies have long been a cause for concern, often serving as vehicles for aggressive tax planning or tax evasion. The European Commission’s proposal aims to address this issue by ensuring that shell companies within the EU are unable to benefit from tax advantages.</p>
<p>A shell company is a corporation exhibiting little to no economic activity. The EU estimates that 75,000 companies, comprising less than 0.3% of the overall number of active enterprises within the EU, fall within this classification.</p>
<h2 class="wp-block-heading">The Unshell Directive: A step-by-step guide</h2>
<h3 class="wp-block-heading">Step 1: Gateways</h3>
<p>According to Jelle, any entity that is engaged in economic activity, considered a tax resident and eligible to receive a tax residency certificate in a member state falls within the scope of the Unshell Directive.</p>
<p>The entity must meet three cumulative gateways:</p>
<ol>
<li>Passive income: Over 65% of revenues in the preceding two tax years must qualify as ‘relevant income’ under ATAD 3.</li>
<li>Cross-border activity: At least 55% of relevant income must be earned or paid out via cross-border transactions.</li>
<li>Outsourced administration: The administration of day-to-day operations and decision-making on significant functions have been outsourced to a third party in the last two tax years.</li>
</ol>
<h3 class="wp-block-heading">Step 2: Minimum substance indicators</h3>
<p>Entities meeting the gateways without carveouts or temporary exemptions are considered ‘at risk.’ Reporting obligations determine if the entity has minimal or no substance, automatically exchanged with other member states.</p>
<p>The entity must declare three cumulative ‘minimum substance indicators’ in its annual tax return:</p>
<ol>
<li>The entity has its own premises (or exclusive use thereof) in its member state.</li>
<li>The entity owns at least one active bank account or e-money account within the EU.</li>
<li>The entity has either a qualified and authorised director, or the majority of full-time equivalent employees are tax residents in the entity’s member state.</li>
</ol>
<h3 class="wp-block-heading">Step 3: Presumption of lack of minimum substance</h3>
<p>Entities that do not meet the above minimum substance indicators are presumed to be shell companies. Documentary evidence, including business activities, outsourced activities, resident directors or employees, bank account details, and evidence of bank account activity, must be provided with the tax return.</p>
<h3 class="wp-block-heading">Step 4: Rebuttal of presumption</h3>
<p>An entity can rebut this presumption by providing the following:</p>
<p>● additional supporting evidence of the commercial rationale behind using the entity<br />● information about employees<br />● concrete evidence of decision-making in the member state.</p>
<p>The rebuttal, if accepted, may be valid for five years if circumstances remain unchanged.</p>
<h3 class="wp-block-heading">Step 5: Carve-outs and exemption</h3>
<p>The following entities are exempt from reporting requirements under the Unshell Directive:</p>
<p>● specific regulated (financial) entities<br />● alternative investment fund managers<br />● listed entities<br />● entities with shareholders and operational businesses in the same member state<br />● holding companies with shareholders<br />● parent entities in the same member state</p>
<h3 class="wp-block-heading">Step 6: Shell company tax consequences</h3>
<p>Entities satisfying the three gateways, deemed not to meet minimum substance indicators and unable to rebut the presumption of being a shell company face several tax consequences.</p>
<p>These include denial of a certificate of tax residence, denial of tax benefits under tax treaties and EU tax directives, treatment as a disregarded entity by member states where shareholders are located, and imposition of withholding taxes on payments to the shell entity.</p>
<h3 class="wp-block-heading">Step 7: Exchange of info and tax audits</h3>
<p>Member states gain automatic access to information on shell entities through the automatic exchange of information under the Unshell Directive. Additionally, member states may request tax audits when there is suspicion of non-compliance.</p>
<p>The Unshell Directive imposes non-compliance penalties, with the European Commission proposing an administrative pecuniary sanction of at least 5% of the entity’s turnover in the relevant tax year.</p>
<h2 class="wp-block-heading">ATAD 3 – The EU’s approach and recent developments</h2>
<p>Jelle provides a critical perspective on the EU’s approach, stating that “the EU is using a sledgehammer to crack a nut.” With only 0.3% of companies falling within the classification of a shell company, Jelle suggests that the EU’s existing anti-abuse rules, including substance concepts and various domestic and treaty provisions, already address tax avoidance concerns.</p>
<p>Recent developments, including a compromise proposal from the EU Council’s Spanish presidency, aim to ensure that the Unshell Directive does not undermine existing member states’ anti-abuse rules. On 5 September 2023, concerns were raised during a meeting of the EU working party on tax questions. Some countries expressed worries that entities not considered shell companies under the Unshell criteria could be deemed legitimate, thus evading national anti-abuse rules.</p>
<p>The compromise proposal emphasises that the Unshell Directive does not introduce new standards but adds value by identifying “manifest” shell entity cases through a risk-based process and presumption.</p>
<p>Entities not considered manifest shell entities won’t be subject to additional obligations and consequences under the Unshell Directive. However, the member state where such an entity is located retains the right to conclude otherwise after an audit under its national rules.</p>
<p>Further clarifications ensure that the administration of another member state could consider such an entity as lacking sufficient economic substance under national provisions, even if not under the directive. The compromise proposal aims to prevent Unshell from undermining national anti-abuse or anti-tax-avoidance rules.</p>
<p>Member states are encouraged not to be precluded from applying further consequences to entities considered shells under Unshell or parties not subject to consequences under Unshell.</p>
<p>The proposal also suggests adjustments to the revenue threshold and book value for entities excluded from the directive’s scope. Governmental entities fully owned by governments of member states or not considered high-risk entities are excluded from Unshell.</p>
<h2 class="wp-block-heading">Significant update</h2>
<p>In conclusion, the Unshell Directive is a step change in the EU’s approach to combatting tax avoidance through shell entities. Businesses must navigate these steps to ensure compliance and strategic tax planning in this evolving European tax landscape.</p>
<p>As the directive undergoes further discussions and potential amendments, staying informed and agile will be crucial for businesses operating within the EU.</p>
<p> </p>
<p><em><strong>Author:</strong> Jelle R. Bakker, Partner International Tax at Bentacera, and European Tax Director, Kreston Global Tax Group</em></p>
<p><em><strong>Reposted from:</strong> <a href="https://www.kreston.com/article/anti-tax-avoidance-directive-3-atad-3/">https://www.kreston.com/article/anti-tax-avoidance-directive-3-atad-3/</a></em></p>
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		<title>Quality without borders: Quality management in a global network of firms</title>
		<link>https://www.kreston.al/quality-without-borders-quality-management-in-a-global-network-of-firms/</link>
		
		<dc:creator><![CDATA[admin]]></dc:creator>
		<pubDate>Fri, 24 Nov 2023 08:13:30 +0000</pubDate>
				<category><![CDATA[Kreston Global]]></category>
		<guid isPermaLink="false">https://www.kreston.al/?p=253</guid>

					<description><![CDATA[Quality management&#160;is crucial to maintain and enhance a global network’s reputation, protect the public interest, ensure client satisfaction, attract and]]></description>
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<p><a href="https://www.kreston.com/our-services/audit-and-assurance/internal-audit-quality-assurance-reviews/">Quality management</a>&nbsp;is crucial to maintain and enhance a global network’s reputation, protect the public interest, ensure client satisfaction, attract and retain top talent, and build a network’s competitive edge. It is also required by regulators and professional bodies.<a href="https://www.kreston.com/article/quality-without-borders-quality-management-in-a-global-network-of-firms/#_ftn1" target="_blank" rel="noreferrer noopener">[1]</a>&nbsp;Additionally, the International Standards on Quality Management (ISQM) provide a globally recognised framework for quality management in the accounting and auditing profession. Adhering to the ISQM requirements is essential for global networks to demonstrate the commitment of their member firms to delivering high-quality services.</p>



<p>For global networks, dispersed across countries and regions, and composed of independent firms, maintaining consistency and excellence presents unique challenges. A commitment to quality by global and firm leadership is essential to set the standard, demonstrate a tone at the top, and encourage (and require) appropriate behavior.</p>



<h3 class="wp-block-heading"><strong>Critical elements of quality management</strong></h3>



<ol class="wp-block-list">
<li>Culture, culture, culture</li>
</ol>



<p>Leadership must emphasise the importance of quality at all levels of the network, develop a culture of quality, and communicate expectations for behavior. It must also encourage a culture of continuous improvement. This means creating an environment where staff feel comfortable identifying and reporting problems and where there is a process for addressing those problems.</p>



<p>It also requires those in authority within the firm to “walk the talk” (i.e., “tone&nbsp;<strong><em>from</em></strong>&nbsp;the top”) and not to ignore those who either believe themselves to be exempt from the standards that apply to others, or whose moral compass does not point to true north. Such inaction is very visible to staff and will undermine the effectiveness of a firm’s stated and/or documented policies and procedures, however good they may be.</p>



<p>2. Overcoming resistance to change</p>



<p>For most organisations, global or domestic, resistance to change can hinder the successful implementation of any initiative, including a quality management system. To overcome this, the organisation and its leadership must foster a change management culture by involving stakeholders at all levels and at all stages in the process, providing clear communication about the benefits of the new system(s), and demonstrating its positive impact on quality, firm success ad reputation, and client satisfaction.</p>



<p>3. Standardisation and harmonisation</p>



<p>One of the key factors in promoting effective quality management across a global network of independent firms is the establishment of standardisation and harmonisation protocols. Developing a set of standardised processes, methodologies, and best practices ensures uniformity in service delivery, documentation, and work performance. This can be achieved through the implementation of a global quality management system, which outlines the framework for quality objectives, procedures, and responsibilities. It should also encompass continuous improvement initiatives, regular performance reviews, and quality audits. While non-standardised methodologies and policies can still result in quality performance of services, standardisation permits effective resource sharing, scalability of operations, and consistent documentation frameworks.</p>



<p>In a diverse network of independent firms, there will always be aspects of quality management that need to be firm-specific for maximum effectiveness, but alignment of policies and procedures will often be beneficial and cost effective. The introduction of ISQM1 has helped accelerate this process for global firm networks.</p>



<p>4. Training and development</p>



<p>Investing in comprehensive training and development programs is vital to enhancing the capabilities and competencies of professionals within the network. Providing regular training sessions, workshops, and certifications not only strengthens technical skills but also cultivates a culture of continuous learning. Additionally, sharing knowledge and best practices among member firms through online platforms and collaborative forums fosters innovation and improvement across the network.</p>



<p>A focus on efficiency through these types of training and collaboration initiatives can also indirectly contribute towards audit quality. Streamlining processes and cutting out unnecessary work and/or documentation frees up staff to focus their time and effort on more important (i.e., riskier) matters.</p>



<p>5. Key Performance Indicators (KPI)</p>



<p>KPIs, sometimes known as Audit Quality Indicators (AQIs), play a vital role in measuring and monitoring quality across the network. It is important to define meaningful KPIs that align with the organisation’s overall objectives and values. These indicators should include both qualitative and quantitative metrics, such as client satisfaction ratings, adherence to industry standards, results of inspections or quality reviews, and employee training and development.</p>



<p>6. Client engagement and feedback</p>



<p><a href="https://www.kreston.com/how-to-show-you-deliver-better-quality-than-your-competitors/">Quality</a>&nbsp;management should extend beyond internal processes to include effective client engagement and feedback mechanisms. Regular communication channels should be established to capture client expectations, needs, and satisfaction levels. Implementing client feedback surveys, conducting post-engagement reviews, and actively seeking client input helps identify areas for improvement and enhances client relationships. This feedback loop is crucial for maintaining high-quality services and driving continuous improvement efforts.</p>



<p>7. Technology and automation</p>



<p>Leveraging technology and automation tools plays a vital role in streamlining processes, minimising errors, and maximising efficiency. Implementing next-generation accounting and auditing software systems (including artificial intelligence applications), data analytics tools, and workflow automation platforms can significantly improve the ability to analyze data, reduce work times, and enhance the quality of work performed. For example, dashboarding tools such as Caseware Sherlock can automatically measure and report on KPIs such as time to lock down the file, number of review points raised etc.</p>



<p>Regularly assessing and adopting emerging technologies ensures that the network remains at the forefront of industry advancements and accesses effective and efficient methodologies for performing engagements.</p>



<p>8. Monitoring and review</p>



<p>The network must have a system for monitoring and reviewing the quality of its work. This system should identify areas where improvement is needed and permit the network to take steps to address those areas.</p>



<p>Collaboration and peer review processes foster a culture of accountability and continuous improvement. These encourage cross-firm and cross-border collaboration, and allow firms to learn from one another, share best practices, and review each other’s work. Implementing robust peer review mechanisms helps identify areas for improvement, rectify errors, and ensure adherence to quality standards. The feedback received from these reviews should be used to refine processes, address gaps, and strengthen the overall quality management system.</p>



<p>Whilst the main objective of a global quality review program will always be to ensure that member firms can refer their clients to other member firms with confidence, the program should also aim to provide objective, constructive and friendly advice and recommendations to firms based on the reviewer’s own experience and best practices seen elsewhere within the network.</p>



<h3 class="wp-block-heading"><strong>Constraints and overcoming the challenges</strong></h3>



<p>While pursuing quality management objectives, several constraints may arise. Identifying and overcoming these challenges is essential. Here are some common constraints and suggested approaches to overcome them:</p>



<ol class="wp-block-list" start="1">
<li>Geographical and cultural diversity</li>
</ol>



<p>The global nature of networks may introduce variations in language, cultural practices, and legal frameworks. Overcoming this constraint requires promoting cross-cultural understanding, establishing clear communication channels, and conducting regular cultural training sessions. Adaptation to local regulatory requirements while maintaining global quality standards is also crucial.</p>



<p>While a baseline framework is essential, it must be flexible enough to accommodate variations arising from local regulations, industry practices, and cultural norms. Encouraging local participation in the development of quality standards ensures that the quality management system is adaptable and relevant to different contexts.</p>



<p>Whilst challenging, diversity within the network can also have a positive benefit, providing firms with new perspectives and insights from those firms who take a different approach. Collaborating internationally can generate ideas and ways of thinking that can unlock innovative solutions to problems and challenges.</p>



<ol class="wp-block-list" start="2">
<li>Resource allocation</li>
</ol>



<p>Unequal distribution of resources and varying levels of expertise among member firms can hinder quality management efforts. Addressing this constraint involves developing resource-sharing mechanisms, fostering collaboration, and conducting knowledge transfers among firms, recognising that when accomplished, the network as a whole is stronger and all benefit. Centralised resource pools, mentorship programs, and secondment (i.e., outsourcing) opportunities can help balance expertise and optimise resource allocation.</p>



<ol class="wp-block-list" start="3">
<li>Compliance and regulatory challenges</li>
</ol>



<p>Different countries may have different compliance requirements and regulatory frameworks, making it challenging to maintain consistent quality practices. Overcoming this constraint necessitates establishing an understanding for such differences and incorporating them into the design of any quality management system. Standardising core compliance processes while allowing for necessary local adaptations ensures compliance while preserving quality standards.</p>



<p>With a global network also comes the requirements to monitor services provided to clients across the network to minimise the risks of breaches of the independence rules on financial interests, mutuality of interest, and scope of services.&nbsp;<a href="https://pcaobus.org/news-events/news-releases/news-release-detail/pcaob-sanctions-warren-averett-llc-for-auditor-independence-and-quality-control-violations">This has been a significant emphasis on the part of the largest global firms and their networks, especially as related to their public clients, but it also is important for mid-sise networks and even associations.</a>&nbsp;These risks can be overcome by effective communications among network member firms, awareness of services being provided by member firms, and, as often practiced by the larger global networks, the designation of a lead client relationship partner for the client whose responsibilities include monitoring and improving services to be provided by the network before engagement. Firms have also made significant investments in technology to track global services being provided by member firms.</p>



<ol class="wp-block-list" start="4">
<li>Technology maturity of firms</li>
</ol>



<p>Unequal technological infrastructure and varying levels of technological maturity can impede effective quality management. Overcoming this constraint involves providing adequate technical support, training, and access to essential technologies, providing standardised tools and systems while allowing flexibility to accommodate local IT infrastructure and preferences. Encouraging knowledge-sharing among member firms regarding technology implementation and providing incentives for adopting new tools can drive technological advancement throughout the network.</p>



<h3 class="wp-block-heading"><strong>Conclusion</strong></h3>



<p>Developing, implementing, and enforcing a quality management system for independent firms within a global network is a daunting, yet achievable, task. With the support of senior leadership and the board, and the support and will of the leadership of member firms, however, it is doable – and will maintain and enhance the network’s reputation, protect the public interest, ensure client satisfaction, attract and retain top talent, and build a competitive edge.</p>



<hr class="wp-block-separator has-alpha-channel-opacity"/>



<p><em><a href="https://www.kreston.com/article/quality-without-borders-quality-management-in-a-global-network-of-firms/#_ftnref1">[1]</a> Note the recent enforcement actions by the U.S. Public Company Accounting Oversight Board and Securities Exchange Commission, the UK’s Financial Reporting Council, and other regulatory bodies against public accounting firms relating to lapses in their engagement performance and firm-level quality management systems.</em></p>



<p></p>



<p><em><strong>Authors:</strong> Jenny Reed, Director of Quality and Professional Standards at Kreston Global, and Herbert M. Chain, MBA, CPA (USA), Director, CBIZ Marks Paneth, and Shareholder, Mayer Hoffman McCann P.C.</em></p>



<p><em><strong>Reposted from: </strong><a href="https://www.kreston.com/article/quality-without-borders-quality-management-in-a-global-network-of-firms/">https://www.kreston.com/article/quality-without-borders-quality-management-in-a-global-network-of-firms/</a></em></p>
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