32820°7 Wiley CPexce! - AUD
Overview
Upon completion of this lesson, candidates should be able to:
+ Understand to what the label "immediate family members" applies.
* Understand which restrictions apply to each category.
* Understand to what the label "close relatives" applies.
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Study Guide
1 Introduction
1. Two categories of family relationships create potential independence problems:
1 Immediate family members: Spouses, spousal equivalents, and dependents
2. Close relatives: Parents, siblings, and nondependent children.
2. Immediate Family Members
1. With substantial exceptions that are about to be spelled out, immediate family members of
covered members must comply with the same independence rules as covered members
themselves. They may not work for attest clients or own financial interests in them (unless the
interests are both indirect and immaterial).
2 Irrespective of the exceptions below, immediate family members cumulatively may not own more
than 5% of an attest client.
3. Immediate Family Members Employed by Attest Client—A covered member's immediate family
members may work for an attest client, just not in a “key position” such as one in which an
employee has:
L Primary responsibility for significant accounting functions that support material
components of the financial statement;
2. Primary responsibility for the preparation of the financial statement; or
3, The ability to exercise influence over the contents of the financial statement, including when
the individual is a member of the board of directors or similar governing body, chief
executive officer, president, chief financial officer, chief operating officer, general counsel,
chief accountancy officer, controller, director of internal audit, director of financial
reporting, treasurer, or any equivalent position.
4, Immediate Family Member Participation in an Employee Benefit Plan—Immediate family members
may not only work for an attest client in a nonkey position, they may also participate in an
employee benefit plan that is an attest client or is sponsored by an attest client, so long as all of
the following safeguards are followed
1. The plan is offered to all employees in comparable employment positions;
2. The immediate family member does not serve in a position of governance for the plan; and
3, The immediate family member does not have the ability to supervise or participate in the
plan's investment decisions or in the selection of the investment options made available to
plan participants.
5, Immediate Family Member Participation in an Employee Benefit Plan with Financial Interests in an
Attest Client—An immediate family member might work for a company that is not an attest client,
but participate in its employee benefit plan and learn that the plan holds stock of an attest client.
The general rule is that in this setting an immediate family member may hold a direct financial
interest or material indirect financial interest in an attest client if all of the following safeguards are
met:
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1. The covered member is neither on the attest team nor in a position to influence. (So, the
immediate family member could be a 10-hour person or other partner in the office but not a
team member or in a position to influence in relationship to the attest client);
2. Such investment is an unavoidable consequence of such participation; the immediate family
member had no other investment options available for selection and
3. If the plan creates an option that would allow the immediate family members to invest ina
nonattest client, the immediate family members should select that option and dispose of the
attest client shares as soon as practicable but within 30 days.
3, Close Relatives
1. Generally, close relatives of covered members must follow the same independence rules as the
covered members themselves, but the restrictions are looser than for immediate family members
and they are looser for close relatives of covered members who are not on the engagement team.
2. Independence is impaired if the close relative of an audit team member has either of the following:
1. Akey position with the attest client, or
2. Afinancial interest in the attest client that:
1. The team member knows or has reason to know was material to the close relative, or
2. Enabled the close relative to exercise significant influence over the attest client.
3, Independence is impaired if the close relative of a person in a position to influence or other partner
in the office has either of the following:
1 Akey position with an attest client, or
2. Afinancial interest that:
1. The person in a position to influence or other partner in office has reason to believe
was material to the close relative, and
2. Enabled the close relative to exercise significant influence over the attest client.
4, There are no specific restrictions on close relatives of 10-hour people (though the Conceptual
Framework should always be kept in mind).
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Wiley CPAexcel’
Family Relationships32820"7 Wiley CPexcel - AUD
Introduction
Two categories of family relationships create
potential independence problems
1. Immediate Family Members: spouses,
spousal equivalents, and dependents
2. Close Relatives: parents, siblings, and
nondependent children
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Immediate Family Members
With substantial exceptions that are about to
be spelled out, immediate family members of
covered members must comply with the same
independencerules as covered members
themselves.
Irrespective of exceptions below, immediate
family members may not cumulatively own
>5% of an attest client.
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Immediate Family Members Employed by
Attest Client
A covered member’s immediate family members may
work for an attest client, just not in a key position such
as one in which an employee has:
+ Primary responsibility for significant accounting functions
that support material components of the F/S;
+ Primary responsibility for the preparation of the F/S; or
+ The ability to exercise influence over the contents of the F/S
* Can’t be:a member of the BOD, CEO, president, CFO, COO,
general counsel, CAO, controller, director of internal audit,
director of financial reporting, treasurer, or any equivalent
position.
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Immediate Family Members Participation in an
Employee Benefit Plan
Immediate family members may participate in an
employee benefit plan that is an attest client or is
sponsored by an attest client, so long as all of the
following safeguards are followed:
* The plan is offered to all employees in comparable
employment positions,
* Immediate family members do not serve in a position of
governance, and
+ Immediate family members does not have the ability to
supervise or participate in the plan’s investment decisions
or in the selection of the investment options.
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IFM Participationin an Employee Benefit Plan with
Financial Interests in an Attest Client
An immediate family member might work for a company that is
not an attest client but participate in its employee benefit plan
and learn that the plan holds stock of an attest client. An
immediate family member may hold a direct financial interest
or material indirect financial interest in an attest client if:
+ The covered member is neither on the attest team nora PTI. [So, an
immediate family member could be a 10-hour person oran OPIO];
Such investment is an unavoidable consequence of such participation;
and
Ifthe plan creates an option that would allow the immediate family
member to invest ina nonattest client, the immediate family member
should select that option and dispose of the attest client shares as soon as
practicable but within 30 days,
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Close Relatives
Generally, close relatives of covered members
must follow the same independencerules as
the covered members themselves, but the
restrictions are looser than for immediate
family members and they are looser for close
relatives of covered members who are not on
the engagement team.
111832820"7 Wiley CPexcel - AUD
Close Relatives
Independence is impaired if the close relative
of an audit team member has either of the
following:
+ Akey position with the attest client, or
» Afinancial interest in the attest client that:
* The team member knows or has reason to
know was material to the close relative, or
* Enabled the close relative to exercise
significant influence over the attest client.
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Close Relatives
Independence is impaired if the close relative
of a PTI or a OPIO has either of the following:
* Akey position with an attest client, or
+ Afinancialinterest that:
* The PTI or OPIO has reason to believe was
material to the close relative, and
* Enabled the close relative to exercise
significant influence over the attest client.
There are no restrictions on CRs of 10-hour
people.
re32820°7
Flashcards
1
What is a "key position" that an
immediate family member may
not occupy with an attest
client?
Under what conditions will a
financial interest of a close
relative of a team member
impair independence?
May a close relative of another
partner in the office hold a key
position with an attest client?
Which type of covered member
has no restrictions on close
relatives?
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A position with: (1) primary responsibility
for significant accounting functions that
support the financial statement; (2)
primary responsibility for preparing the
financial statement; or (3) ability to
exercise influence over contents of the
financial statement (such as directors, C-
level officers, director of internal audit, or
similar positions)
If either the team member knows or has
reason to know the financial interest is
material to the close relative, or if the
financial interest enables the close
relative to exercise significant influence
over the attest client.
No.
10-hour people
we32820°7
Immediate family members
cumulatively may not own
more than what percentage of
an attest client?
Name three "immediate family
members."
Name three "close relatives."
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5%
‘Spouses, spousal equivalents, and
dependents
Parents, siblings, and nondependent
children
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Supplementary Questions
Question 1 (RESP-0017B)
Kar, CPA, isa staff auditor participating in the audit engagement of Fort, Inc. Which of the following
circumstances impairs Kar's independence?
During the period of the professional engagement, Fort gives Kar tickets to a football game worth $75.
Kar owns stock in a corporation that Fort's 401(k) plan also invests in.
Kar's friend, an employee of another local accounting firm, prepares Fort's tax returns.
Kar's sibling is director of internal audit at Fort.
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Knowledge Checks
Question 1 (PQ8864)
During the last audit cycle, tax partner Tim provided 15 hours of tax advisory services to his firm's attest client.
Walton Co. Tim's brother is chief financial officer of Walton. Tim's firm has an independence problem.
True
False
Question 2 (PQ8862)
Covered member Whitney's longtime live-in boyfriend, Jake, isa truck driver for Sara's attest client ABC Co.
Sara has an independence problem.
True
False
Question 3 (PQ8867)
Willis on his firm's attest team for the audit of ABC Co. Wil's spouse, Sue, works for ABC as a real estate lawyer.
Like all other ABC employees, Will's spouse (Sue) participates in ABC's employee retirement plan. Sue has no
input whatsoever into the plan's investments and plays no role in its governance. This situation creates an
independence problem for Will.
True
False
Question 4 (PQ8861)
Covered member Sara's longtime live-in companion, Michelle, is chief financial officer of Sara's attest client
‘ABC Co, Sara has an independence problem.
True
False
Question 5 (PQ8865)
Anne supervises her firm's attest team on the ABC Co. account. Anne's son, Freddie, is chief financial officer of
ABC Co. If Freddie is completely independent financially from Anne, then there is no independence problem
for Anne.
True
False
Question 6 (PQ8866)
Fran supervises her firm's attest team on the ABC Co. account. Fran’s son, Teddie, owns a pretty big chunk of
ABC stock, but not so much that he can exercise significant influence over ABC. Fran probably has an
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independence problem nonetheless.
True
False
Question 7 (PQ7518)
Friehling audited Bernard L. Madoff Investment Securities LLC for a fee of $12,000 ~ $14,000 per month. Many
members of Friehling's family invested their personal funds with Bernard L. Madoff Investment Securities LLC.
Because the Madoff firm was not a public company, this relationship did not create an independence
problem.
True
False
Question 8 (PQ8863)
Attest team member Carson's grandfather owns 4% of attest client ABC Co. Carson has an independence
problem.
True
False
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