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Audit Standard Issued for Exempt Securities Offerings

Earlier this week, the American Institute of Certified Public Accountants’ Auditing Standards Board published a new standard for auditor reports that supplement securities offerings not registered with the Securities and Exchange Commission. The new standard, Statement on Auditing Standards No. 133, Auditor Involvement With Exempt Offering Documents, will be effective for audit reports used with offerings sold on or after June 15, 2018. Municipal bonds, securities issued by nonprofits or religious organizations, crowdfunded offerings, securities issued in accordance with Regulation A, and franchise offerings qualify as securities offerings.

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FASB Continues Discussions on Disclosure Framework Project

During a discussion at last Wednesday’s meeting, the Financial Accounting Standards Board (“FASB”) made the following decisions on proposed FASB Concepts Statement, Conceptual Framework for Financial Reporting—Chapter 8, Notes to Financial Statements: Nonprofits and private companies must be retained on the notes to financial statements. A discussion on the possible negative consequences of disclosures will be included. The disclosure of changes in line items not easily understood will be considered. The disclosure of alternative measures clearly useful in reviewing prospects for future cash flows will be considered. No disclosure objectives were established without giving specific requirements on how those objectives. Read More.

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Forthcoming Revenue Standard Proposal to Help Nonprofits

New Financial Accounting Standards Board (“FASB”) guidance could make it easier for nonprofits to record revenue from grants and donations with restrictions. On June 7, the FASB unanimously agreed on a proposal to help nonprofits differentiate between a condition and a restriction in U.S. GAAP for received grants and donations. Accounting Standards Update No. 2014-09, Revenue From Contracts With Customers (Topic 606) removed guidance on “exchange” transactions. Furthermore, many nonprofit organizations have had trouble distinguishing between a condition and restrictions. To address the matter, the FASB will clarify that when a gift comes with a donor-imposed condition, the agreement must. Read More.

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Executive Order Ends Enforcement of Johnson Amendment

President Trump has signed an Executive Order directing the Internal Revenue Service not to enforce the Johnson Amendment. Announced last week, the Executive Order ensures that tax-exempt organizations will not be penalized for engaging in certain political activities. The Johnson Amendment was introduced in 1954 to discourage tax-exempt organizations from participating in political activity.

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North Carolina Passes Government-Nonprofits Contracting Reform

Earlier this month, the North Carolina House of Representatives approved a regulatory reform bill that would allow the Joint Legislative Program Evaluation Division to review the obstacles nonprofits face when providing services in accordance with state grants and contracts. The review is the result of research indicating that half of North Carolina nonprofit organizations with government grants and contracts receive late payments from government agencies. That same research also revealed that three-fourths of those nonprofits deal with unnecessary application and reporting requirements.

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FASB Reaches Decisions on Revenue Recognition Guidance for Nonprofits

Progress continues on the Financial Accounting Standards Board’s (“FASB”) project on the revenue recognition of grants and similar contracts by nonprofits. At its Wednesday meeting, the FASB reached decisions on the following matters: The proposed amendments to distinguish between conditional and unconditional contributions will pertain to both a resource provider and a recipient. To satisfy the definition of a “donor-imposed condition,” a right of return or a releasing of the promisor from their responsibility to transfer assets must be present in the agreement. In order to be considered a condition, the agreement must indicate that the recipient is only entitled. Read More.

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