Archive for May 21st, 2010

The Sarbox burden …

May 21, 2010

Punch line: Senators  Hutchison (R., Texas) and Landrieu (D., La.) have offered an amendment to exempt companies with less than $150 million of shares held by the public from “internal-controls” audits – the most onerous of Sarbox impositions.

Ken’s Take: I was wondering when somebody would step up and highlight that Sarbox did nothing to stop or slow the 2008 financial meltdown …

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Excerpted from WSJ: The No-Cost Stimulus, May 18, 2010

Sarbox, the Beltway’s previous attempt at financial-regulatory reform, was intended to improve the information investors receive about public companies.

The law did nothing to prevent poor disclosure at companies like Lehman Brothers but it did saddle the U.S. economy with billions in unexpected costs.

The SEC estimates that the average public company pays more than $2 million per year complying with the law’s Section 404.

The SEC admits that compliance burdens fall disproportionately on smaller companies.

These audits are piled on top of the traditional financial audit, and on top of a company’s own internal-controls review.

The result is that going public in the U.S., once the dream of entrepreneurs world-wide, has for too many company founders become something to avoid.

Full article:
http://online.wsj.com/article/SB10001424052748703315404575250693201556662.html?mod=djemEditorialPage_h

When is candy not candy ?

May 21, 2010

Punch line: States want to cut deficits by taxing candy. That’s not as easy as it sounds …

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Excerpted from WSJ: Candy Taxes Struggle to Define Candy, May 17, 2010

Many states don’t tax food – which  considered is essential.  Taxing food might push the poor toward malnourishment or unhealthy eating.

The food exemption has traditionally extended to candy and soda.

As they struggle with budget deficits, states from New York to Washington are looking to candy and soda taxes to help bridge the gap. .

More than a dozen states have passed or proposed some sort of candy or soda tax in the 2010 legislative session, and most of them are bound to face some sort of confusion.

The hard part: defining candy.

The distinction between candy and food can be hard to pin down.

  • In Washington, a new candy tax will apply to Butterfinger candy bars, yet Kit-Kat wafers remain excise free (this because the law exempts foods with flour in them).
  • in Colorado, Kit-Kats go untaxed, but Twix bars face levies.
  • In Illinois, retailers in Chicago are unsure if Twix Bars — some of which contain flour and peanut butter — are food or candy.

Bottom line: one man’s food is another man’s candy …

Full article:
http://blogs.wsj.com/economics/2010/05/17/candy-taxes-struggle-to-define-candy/