MANAGING ETHICS FOR TEXAS CPAS

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MANAGING ETHICS FOR TEXAS CPAS

Friday, March 06, 2020

5 (3)

Presenter :Allison McLeod, DL

Company :Accounting Negligence

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Course Details

Overview of Topics

What are "Ethics?3 mins
Case study - health south21 mins
Rationalization: the enemy of values87 mins
What aces people make bad decisions?119 mins
integrity and objectivity - &501.73146 mins
integrity and objectivity (Cont;d)150 mins
Specific behaviors of high integrity152 mins
Responsibilities to the public164 mins
Rules of professional conduct167 mins
Responsibilities to clients177 mins
Responsibilities to the board/profession192 mins
Substance abuse/ mental health issues206 mins

Course Description

4.0 CPE TSBPA Approved Ethics for Texas CPAs

Texas Certified Public Accountants (“CPAs”) are required to take a four-hour course once every two years pursuant to Board Rule 523.131 to maintain their licenses. The course and instructor are approved by the Texas State Board of Public Accountancy.

Professional conduct and ethical behavior are really the backbone of the entire accounting and auditing profession. These components form the foundation upon which our creditability with the general public is built, without which, there is no profession. Whether you are a practitioner in public accounting or business and industry, you must always act in accordance with the requirements that define professional conduct and ethical behavior. This course fulfills the Texas State Board of Public Accountancy (Board) requirement. A CPA is challenged in today’s work world to not only serve his/her client or employer but also to protect the public interest by ensuring that there is transparency in financial reporting or there is fair administration of the tax laws. In balancing the two interests, a CPA may find him or herself in an ethical dilemma. This course covers not only basic ethical frameworks but also specific rules governing CPA practice and responsibilities. It concludes with a section on how a CPA can put his or her ethics into action.

Learning objectives

To educate licensees in ethics of professional accounting as Texas CPAs.
To convey the intent of the Rules of Professional Conduct in the performance of professional accounting services/work, not to adhere to the mere technical compliance of such rules.
To assist the Texas CPA in applying ethical judgment in interpreting the rules and determining public interest. Public interest should be placed ahead of self-interest, even if it means a loss of job or client.
To review and discuss the Rules of Professional Conduct and their implications for persons in a variety of practices including :
CPAs in client practice of public accountancy who perform attest and non-attest services per § 501.52.

About Presenter

Allison McLeod, DL

Owner,Accounting Negligence

a_m_mcleod@yahoo.com

Allison M. (Yee) McLeod, LL.M., JD, CPA, is currently a full-time Senior Lecturer at the University of North Texas in Denton, Texas. She has also taught at the UNT College of Law as an adjunct law professor. Prior to her career in academia, Professor McLeod spent 18 in industry, working for a Big 4 accounting firm. a major retailer and an international cement company. In addition to her academic duties, Professor McLeod has had the privilege of teaching ethics to Texas CPAs across the State since 2011 and regularly serves as an expert witness on accounting malpractice cases. She is the owner of CPAEthicsOnline.com, which provides ethics CPE courses online for CPAs nation-wide. She occasionally serves as an expert witness in accounting malpractice cases.

Accounting Negligence

accountingnegligence.com/

Allison M. (Yee) McLeod, LL.M., JD, CPA, has served as an expert witness in multi-million dollar cases involving tax litigation and accounting malpractice. Professor McLeod also a full-time Senior Lecturer at the University of North Texas in Denton, Texas. Her courses include Ethics, Corporate Taxation, Tax Research and Financial Accounting. In addition to her academic duties, Professor McLeod has had the privilege of teaching ethics to Texas CPAs across the State since 2011 and regularly serves as an expert witness on accounting malpractice cases.

Review Questions

Question 1 : 00:15
Question 2 : 00:40
Question 3 : 00:55
Question 4 : 01:15
Question 5 : 01:35
Question 6 : 01:55
Question 7 : 02:10
Question 8 : 02:35
Question 9 : 02:57
Question 10 : 03:12
Question 11 : 03:35
Question 12 : 03:50

Review Questions
Final Quiz

Which of the following can be used to describe the term “ethics?”
- Values that are ascribed to by an individual.
  Ethics includes both values and a filter that helps individuals determine whether an action is right or wrong.
- A filter by which and individual judges whether or not an action is right or wrong for them to undertake.
  Ethics includes both values and a filter that helps individuals determine whether an action is right or wrong.
- Both a. and b.
  Ethics includes both values and a filter that helps individuals determine whether an action is right or wrong.
- None Of Above
  Ethics includes both values and a filter that helps individuals determine whether an action is right or wrong.
Utilitarianism can be defined as:
- Obtaining the greatest benefit for the greatest number of people.
  Making an ethical choice to benefit the greatest number of people is the essence of Utilitarianism. It does not take into account alone the impact to one’s self or the dollar amount involved unless it coincidentally involves the greatest benefit for the greatest number of people.
- Acting in a way that benefits only self.
  Making an ethical choice to benefit the greatest number of people is the essence of Utilitarianism. It does not take into account alone the impact to one’s self or the dollar amount involved unless it coincidentally involves the greatest benefit for the greatest number of people.
- Takes into account only the option with the largest dollar amount associated with it.
  Making an ethical choice to benefit the greatest number of people is the essence of Utilitarianism. It does not take into account alone the impact to one’s self or the dollar amount involved unless it coincidentally involves the greatest benefit for the greatest number of people.
- Focusing on upholding one’s duty irrespective of the outcome.
  Making an ethical choice to benefit the greatest number of people is the essence of Utilitarianism. It does not take into account alone the impact to one’s self or the dollar amount involved unless it coincidentally involves the greatest benefit for the greatest number of people.
Deontology is an ethical framework which focuses on an individual’s duty or obligation to determine whether actions are right or wrong. Which of the following would be an example of the deontological framework?
- Being willing to ignore the GAAP rules in booking certain types of transactions since the results would benefit the shareholders.
  Deontology is a rules-based ethical theory where the individual looks principally at rules to determine whether action is right or wrong. Those who ascribe to this ethical school of thought will uphold their duty or obligation irrespective of the end result.
- Driving at or below the speed limit even though you are late to meeting.
  Deontology is a rules-based ethical theory where the individual looks principally at rules to determine whether action is right or wrong. Those who ascribe to this ethical school of thought will uphold their duty or obligation irrespective of the end result.
- Carefully structuring a transaction in a manner that meets the written requirements of the Internal Revenue Code.
  Deontology is a rules-based ethical theory where the individual looks principally at rules to determine whether action is right or wrong. Those who ascribe to this ethical school of thought will uphold their duty or obligation irrespective of the end result.
- Both b. and c.
  Deontology is a rules-based ethical theory where the individual looks principally at rules to determine whether action is right or wrong. Those who ascribe to this ethical school of thought will uphold their duty or obligation irrespective of the end result.
What are some of the excuses individuals use to rationalize unethical behavior?
- I don’t have the time or the resources to behave in a more ethical fashion.
  When individuals act in a way that is inconsistent with their values, usually a person’s conscience will compel them to return to acting ethically. An individual will need to use rationalization to mute his or her conscience in order to justify continued bad actions.
- My boss wants me to produce results, not excuses as to why it can’t be done.
  When individuals act in a way that is inconsistent with their values, usually a person’s conscience will compel them to return to acting ethically. An individual will need to use rationalization to mute his or her conscience in order to justify continued bad actions.
- Other people would agree with my decision.
  When individuals act in a way that is inconsistent with their values, usually a person’s conscience will compel them to return to acting ethically. An individual will need to use rationalization to mute his or her conscience in order to justify continued bad actions.
- All of the above.
  When individuals act in a way that is inconsistent with their values, usually a person’s conscience will compel them to return to acting ethically. An individual will need to use rationalization to mute his or her conscience in order to justify continued bad actions.
Board Rule § 501.73 on Integrity and Objectivity requires a CPA to:
- Be free of conflicts of interest.
  Texas RPC Section 501.73 requires a CPA to uphold all of these values: be free of conflict of interest, not knowingly misrepresenting facts, and not subordinate his/her judgment to others.
- Not knowingly misrepresent facts.
  Texas RPC Section 501.73 requires a CPA to uphold all of these values: be free of conflict of interest, not knowingly misrepresenting facts, and not subordinate his/her judgment to others.
- Not subordinate his/her judgment to others.
  Texas RPC Section 501.73 requires a CPA to uphold all of these values: be free of conflict of interest, not knowingly misrepresenting facts, and not subordinate his/her judgment to others.
- All of the above.
  Texas RPC Section 501.73 requires a CPA to uphold all of these values: be free of conflict of interest, not knowingly misrepresenting facts, and not subordinate his/her judgment to others.
Which of the following is TRUE?
- A CPA who is licensed in California may represent him- or herself as a CPA in Texas even though he/she does not have a Texas CPA license.
  A. is false and C is true since a CPA licensed in a different jurisdiction cannot hold him- or her- self as a Texas CPA unless granted a reciprocal license. B. is false since the concept of objectivity and not subordinating judgement requires a CPA to not cave to clients demands. D. is false because a CPA cannot use a firm name that suggest there is more than one CPA in the firm when in fact the firm contains only a sole practitioner.
- A CPA may cede to client demands if the client threatens to fire the CPA for not “caving” on a particular accounting issue.
  A. is false and C is true since a CPA licensed in a different jurisdiction cannot hold him- or her- self as a Texas CPA unless granted a reciprocal license. B. is false since the concept of objectivity and not subordinating judgement requires a CPA to not cave to clients demands. D. is false because a CPA cannot use a firm name that suggest there is more than one CPA in the firm when in fact the firm contains only a sole practitioner.
- A CPA firm must be issued a license by the TSBPA before they can hold themselves out to be a CPA firm in Texas.
  A. is false and C is true since a CPA licensed in a different jurisdiction cannot hold him- or her- self as a Texas CPA unless granted a reciprocal license. B. is false since the concept of objectivity and not subordinating judgement requires a CPA to not cave to clients demands. D. is false because a CPA cannot use a firm name that suggest there is more than one CPA in the firm when in fact the firm contains only a sole practitioner.
- If a CPA is a sole practitioner, he or she may add the words “and Associates” as part of the firm name to make it appear there are several CPAs practicing in this firm when in fact there is just one CPA.
  A. is false and C is true since a CPA licensed in a different jurisdiction cannot hold him- or her- self as a Texas CPA unless granted a reciprocal license. B. is false since the concept of objectivity and not subordinating judgement requires a CPA to not cave to clients demands. D. is false because a CPA cannot use a firm name that suggest there is more than one CPA in the firm when in fact the firm contains only a sole practitioner.
If a client wishes to lodge a complaint against a CPA, the CPA is required to provide which of the following information:
- The correct phone number of the TSBPA
  A CPA is required to provide the phone number, the address and the email of the TSBPA if a client wishes to file a complaint against the CPA.
- The address of the TSBPA
  A CPA is required to provide the phone number, the address and the email of the TSBPA if a client wishes to file a complaint against the CPA.
- The email address of the TSBPA
  A CPA is required to provide the phone number, the address and the email of the TSBPA if a client wishes to file a complaint against the CPA.
- All of the above.
  A CPA is required to provide the phone number, the address and the email of the TSBPA if a client wishes to file a complaint against the CPA.
If a CPA or CPA firm opts to advertise services offered, permitted activities include:
- Contacting potential clients even though they have indicated they do not wish to be contacted.
  A CPA is prohibited from contacting potential clients that have indicated they do not wish to be solicited. Also, a CPA cannot claim expertise he or she does not actually possess. Merely posting the firm’s name, address, phone number and true expertise is permitted advertising.
- Running a television ad indicating extensive attest experience when in fact the firm is not competent to offer attest work.
  A CPA is prohibited from contacting potential clients that have indicated they do not wish to be solicited. Also, a CPA cannot claim expertise he or she does not actually possess. Merely posting the firm’s name, address, phone number and true expertise is permitted advertising.
- Putting up a notice on a public electronic board at a church, community center or business. This notice contains only the name of the firm, business address and telephone number.
  A CPA is prohibited from contacting potential clients that have indicated they do not wish to be solicited. Also, a CPA cannot claim expertise he or she does not actually possess. Merely posting the firm’s name, address, phone number and true expertise is permitted advertising.
- None of the above.
  A CPA is prohibited from contacting potential clients that have indicated they do not wish to be solicited. Also, a CPA cannot claim expertise he or she does not actually possess. Merely posting the firm’s name, address, phone number and true expertise is permitted advertising.
What are situations in which a CPA may accept a contingent fee?
- The CPA is preparing a client’s amended return.
  A CPA cannot accept contingent fees in a situation where he or she must maintain independence, such as audit or attest services. In the same vein, expert witnesses cannot work on a contingency basis as it could sway objective testimony. The expert would be put in a position with a contingency of only getting paid if their testimony helped win the case.
- The CPA is acting as an expert witness.
  A CPA cannot accept contingent fees in a situation where he or she must maintain independence, such as audit or attest services. In the same vein, expert witnesses cannot work on a contingency basis as it could sway objective testimony. The expert would be put in a position with a contingency of only getting paid if their testimony helped win the case.
- The CPA is acting as an external auditor of the client’s financial statements.
  A CPA cannot accept contingent fees in a situation where he or she must maintain independence, such as audit or attest services. In the same vein, expert witnesses cannot work on a contingency basis as it could sway objective testimony. The expert would be put in a position with a contingency of only getting paid if their testimony helped win the case.
- The CPA is performing services that require him or her to maintain independence.
  A CPA cannot accept contingent fees in a situation where he or she must maintain independence, such as audit or attest services. In the same vein, expert witnesses cannot work on a contingency basis as it could sway objective testimony. The expert would be put in a position with a contingency of only getting paid if their testimony helped win the case.
When is a CPA permitted to reveal confidential client information? Assume the client has not otherwise signed a written waiver.
- As part of a presentation in front of a large group of CPAs who are not part of the client engagement team.
  CPAs have a confidential relationship with clients, not a privileged one. Therefore, a CPA may reveal information without client permission if the CPA is being subpoenaed, under peer review, or under an ethics review by the TSBPA.
- As part of a peer review examination.
  CPAs have a confidential relationship with clients, not a privileged one. Therefore, a CPA may reveal information without client permission if the CPA is being subpoenaed, under peer review, or under an ethics review by the TSBPA.
- As part of an ethics violation hearing instigated by the TSBPA.
  CPAs have a confidential relationship with clients, not a privileged one. Therefore, a CPA may reveal information without client permission if the CPA is being subpoenaed, under peer review, or under an ethics review by the TSBPA.
- Both b. and c.
  CPAs have a confidential relationship with clients, not a privileged one. Therefore, a CPA may reveal information without client permission if the CPA is being subpoenaed, under peer review, or under an ethics review by the TSBPA.
How long must attest workpapers be kept?
- 6 months
  A CPA must keep attest and audit workpapers for 5 years.
- 10 years.
  A CPA must keep attest and audit workpapers for 5 years.
- 5 years.
  A CPA must keep attest and audit workpapers for 5 years.
- 2 years.
  A CPA must keep attest and audit workpapers for 5 years.
In the event that a CPA is convicted or obtains deferred adjudication of a serious crime such as a felony or Driving Under the Influence, how long does a CPA have to notify the Board in writing?
- 120 days.
  A CPA must notify the TSBPA of any felony convictions within 30 days.
- 1 year.
  A CPA must notify the TSBPA of any felony convictions within 30 days.
- 30 days.
  A CPA must notify the TSBPA of any felony convictions within 30 days.
- 6 months.
  A CPA must notify the TSBPA of any felony convictions within 30 days.

Minimum 70% Questions answer should be right.

Bobby, a Texas CPA, works in the Accounting Department of a corporation. Since he is not employed in the client practice of public accountancy, he is not subject to penalties and/or license suspension per the RPC.
- FALSE
- TRUE
- Partially true
- None Of Above
Miss Ellie, CPA, performs attest services in her hometown of Seguin, TX. She need only to satisfy the requirements under GAAP in performing these services.
- TRUE
- FALSE
- Partially true
- None Of Above
J.R. holds a CPA license from the State of Kentucky and moves to Dalhart, Texas to set up a sole proprietorship specializing in attest services to be offered to the general public. J.R. cannot hold himself out to be a CPA in Texas unless he also has a Texas CPA license.
- FALSE
- TRUE
- Partially true
- None Of Above
Pamela, CPA, suffered a seizure from a previously undiagnosed health condition and crashed her Mercedes Benz into a tree in San Angelo, TX, where her CPA firm is located. Sue Ellen, CPA, is one of her main competitors and turns Pamela into the Board stating falsely that Pamela’s accident was due to an addiction to painkillers. Sue Ellen spreads the rumor around town that Pamela is in trouble with the Board even though she knew at the time Pamela did not have an addiction. Sue Ellen has just violated the RPC regarding Frivolous Complaints even though she claims that her actions were all in good fun.
- TRUE
- FALSE
- Partially true
- None Of Above
Assume the same facts as 4. above except Sue Ellen has her niece Lucy contact the Board and spread the rumors. Sue Ellen is insulated from the RPC since she, Sue Ellen, was not the person who besmirched Pamela’s reputation.
- TRUE
- FALSE
- Partially true
- None Of Above
A CPA firm located in Parker County, Texas, can call itself Ewing & Barnes, Certified Public Accountants - Tax Specialists if:
- The firm has not been a sole proprietorship for at least two years.
- There were past or current partners at some point who had surnames of Ewing or Barnes.
- The firm actually has tax expertise offered to the public.
- All of the above.
Which of the following constitutes an “act discreditable to the profession?”
- Knowingly participating in the preparation of a false or misleading financial statement or tax return.
- Repeated failure to respond to a client\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\'s inquiry within a reasonable time without good cause.
- Threats of bodily harm or retribution to a client.
- All of the above.
Jenna Wade completed a tax return a year ago for ABC Pest Extermination and Skunk Removal Services, Inc. She has been struggling to obtain payment of her fees. The CFO of ABC calls Jenna and asks for a copy of the tax return.
- Jenna can charge a “copy fee” equivalent to the amount of tax preparation fees owed.
- The client is not entitled to a copy of the tax return since Jenna’s fees have not been paid.
- Jenna is obligated to furnish a copy of the return for an amount that is reasonable and customary for copies even though she has never been paid for the engagement.
- Jenna can refuse to provide a copy of the return since she had already provided to the client the original return in time for the filing deadline last year.
Cliff Barnes, CPA, was convicted of attempted armed robbery at the First National Bank of Ponder. He was stone drunk when he committed this crime.
- Cliff does not have to report the conviction to the Board because the robbery has nothing to do with accounting.
- Cliff must notify the Board within 30 days.
- Cliff can wait for the Board to find out about his conviction on their own accord. He has no duty to draw his conviction to their attention.
- Cliff must notify the Board within 60 days.
Ray has specialized in providing tax services to the farming and ranching community through his CPA firm in Henderson County, Texas. Ray has been short of cash lately and has been recently approached by a client to audit the client’s financial statements for use in a refinancing. Ray has never performed any auditing services in his whole career.
- Ray can accept this engagement as long as he either can obtain the necessary knowledge during the course of this engagement or hires another accountant who is competent at performing audits.
- Ray’s firm cannot accept this engagement since Ray personally does not have the knowledge to perform auditing services.
- Without exception, Ray is required to refer this client to another CPA.
- None of the above.
Ethics can be defined as:
- Appropriate actions one must take only if it is convenient.
- The values an individual uses to interpret whether any particular action or behavior is considered acceptable and appropriate.
- Ideals that are constantly fluid and can change at any time.
- None of the above.
What are some reasons why people make bad decisions?
- They do not feel loyal to the organization.
- They lack resources.
- They feel entitled.
- All of the above.
What is a rationalization that some people employ when engaging in unethical behavior?
- My boss wants me to produce results, not excuses as to why it can’t be done.
- I don’t have the time or resources to follow and ethical course of action.
- I am being pressured by my coworkers to behave in an unethical manner.
- All of the above.
What of the items below is NOT a way of testing whether a person is rationalizing behavior that is unethical?
- The Publicity Test – Would you want to see this action reported on the front page of the Wall Street Journal?
- The Reversibility Test – If you were in the other person’s shoes, would you still agree with the decision being made?
- The Generalizability Test – Can you defend your decision using the same reasoning even if the amount at issue is different?
- All of the items above are a way of testing whether a person is rationalizing behavior that is unethical.
What pieces of contact information are you required to provide to a client who indicates that they wish to lodge a complaint against you and/or your firm to the Board?
- Address of the Texas State Board of Public Accountancy.
- Phone number of the Texas State Board of Public Accountancy.
- You are not required to provide any contact information to the client.
- Both a. and b.
The Rules of Professional Conduct require the CPA to uphold certain duties to the public. Which of the following are NOT a required duty?
- To maintain independence in fact and in appearance.
- To continuously improve professional skills.
- To maintaining high standards of personal and professional conduct in all matters.
- All of the above are required duties under the Rules of Professional Conduct.
Joe, an independent CPA, has prepared the tax return for ABC Corporation for many years. ABC is now in the midst of litigation with IRS. Joe has been subpoenaed for purposes of being deposed by the IRS’s counsel. Joe does not possess a law degree. Which of the following statements are correct?
- Joe cannot under any circumstances reveal client information and is therefore excused from the deposition.
- Even though Joe has the duty of keeping client information confidential under the Rules of Professional Conduct, he must answer any court-ordered inquiry truthfully since he does not have a privileged relationship with his client.
- Joe can only reveal his name, rank and serial number.
- Joe can claim a privileged relationship with his client and can ignore the subpoena.
Who is NOT covered by the Rules of Professional Conduct?
- Texas CPAs in the client practice of public accountancy.
- CPAs working in industry in the internal accounting or audit departments.
- CPAs who work for the Internal Revenue Service as field auditors.
- All of the above are covered by the Rules of Professional Conduct.
A CPA may accept a contingent fee for the following engagements:
- Testifying as an expert witness.
- Auditing the financial statements in the role as an outside auditor.
- Filing an amended return assuming the CPA is not also performing other work for this client which requires independence (e.g. audit or attest services).
- Preparing the original tax return.
Which of the following circumstance would require a CPA to reveal confidential client information:
- Which of the following circumstance would require a CPA to reveal confidential client information:
- The peer review team has asked for client records in the process of reviewing the CPA’s workpapers.
- The CPA is being questioned by the Board for ethics violations with respect to this client.
- The CPA would be required to reveal client information under all of these circumstances.

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Cost $80
CPE Credits 4
Subject Area Ethics (Regulatory)
Course Level Basic
Instructional Method QAS Self Study
Prerequisites None
Advanced Preparation None
Recorded Date March 06 ,2020
Published Date March 06 ,2020
Who should attend? CPA - Small Firm CPA - Mid Size Firm CPA - Large Firm CPA (Industry) Young CPA CPA in Business
Handout Material Download
Key Terms Download

upcoming On-Demand Webinars

EMAIL EXTINGUISHER - SIMPLE STEPS TO SHRINK THE INBOX

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DOES YOUR CLIENT OWN SHARES IN FOREIGN CORPORATION? IMPACT OF TJCA

Friday, September 13, 2019 View Details/Register

BIGGEST DISRUPTION IN STAFFING FOR ACCOUNTING FIRMS

Friday, September 13, 2019 View Details/Register

INTERNATIONAL TAX: CONCEPTS IN A GLOBAL SOCIETY

Friday, September 13, 2019 View Details/Register

INTERNATIONAL TAX FOR THE GROWING BUSINESS

Friday, September 13, 2019 View Details/Register

PRE-IMMIGRATION TAX PLANNING STRATEGIES

Friday, September 13, 2019 View Details/Register

CYBERSECURITY – DO’S AND DON’TS in 2019

Friday, September 20, 2019 View Details/Register

The Real Truth about Reverse Mortgages

Friday, September 27, 2019 View Details/Register

ACCOUNTING & CPA FIRMS - TRANSFORM #1 CHALLENGE OF STAFFING INTO AN OPPORTUNITY

Friday, September 27, 2019 View Details/Register

CALSAVERS - CALIFORNIA'S MANDATORY RETIREMENT PROGRAM

Friday, September 27, 2019 View Details/Register

OUR NATIONAL RETIREMENT CRISIS AND THE COSTS TO EMPLOYERS

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Friday, September 27, 2019 View Details/Register

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Friday, September 27, 2019 View Details/Register