Subscribe to the Bombay Chartered Accountant Journal Subscribe Now!

TAX AND TECHNOLOGY: ARE TAX PROFESSIONALS AT RISK?

INTRODUCTION


There is a curious
story unfolding in the technology environment today. While dramatic advances
are being made in emerging spaces such as 5G communication, artificial intelligence
(AI), virtual reality (VR) and augmented reality (AR), these tectonic shifts
are erupting at dizzying speeds, triggering confusion at individual levels.
Paradigm shifts, game-changing breakthroughs and once-in-a-lifetime events are
now converging in the same time frame, adding to the hype on the timeline for
benefits.

 

The developments
bring to mind an oft-repeated quote of Microsoft founder Bill Gates: ‘We always
overestimate the change that will occur in the next two years and underestimate
the change that will occur in the next ten.’

 

Admittedly, there are barriers and impediments such as concerns about
privacy and data security, combined with natural reluctance and resistance to
change, that will slow the progress. However, public interest in transparency
and accountability is likely to settle the competing objectives of transparency
and confidentiality with appropriate regulatory restrictions on the use,
storage and transfer of data.

 

While the debate
about the pace at which the quantum leaps in technology will develop and how
quickly they will affect the tax professions continues, there is no doubt that
markets are already moving: preparing for and indeed expecting to see progress
and adoption of these technologies and these changes.

 

META-TRENDS IN TECHNOLOGY IMPACTING TAX
PROFESSION

In any case,
regardless of the current experience, developments in various technologies will
continue to be transformational, influencing both professional and personal
lives. The following are the five meta-trends in technology that will
materially affect the tax profession in the future:

 

(1) Data – big data
sets, massively improved performance and memory capacity at scale;

(2) Process automation
robotic process automation and integration of financial and other systems;

(3) Decision-making
AI augmenting compliance and consulting capabilities;

(4) Democratisation of knowledge – publicly available and easily accessible knowledge and
information: A ‘Google for tax rules’;

(5) Open networks
talent sourcing, crowd problem-solving and sharing eco-systems.

 

These patterns will
characterise the way tax regulators change and how organisations must react.
These patterns are, likewise, open doors for organisations and may frame the
establishment of any digital tax strategy and associated transformation.

 

(1) DATA

The phenomenon of
‘big data’ is having a dramatic impact on the way tax work is undertaken. The
increasing processing power and capacity of machines removes any limitation on
the amount of data that can be analysed.

 

The granularity of
data that is usable; the way transactions are recorded and accessed; real-time
reporting; and unlimited time-periods for data retention and storage will
transform the application of tax rules regulation. Instead of data sampling,
estimating and extrapolating, the professionals will be working with precise
and complete data sets. Very soon, the businesses will be at a point where the
details of all transactions can be quickly and easily classified and
investigated for tax purposes.

 

Besides, the way
transactions are effected will change with greater digital impact on
transactions and dealings between taxpayers and tax authorities and judicial
bodies. For example, the Income-Tax Department has already started deploying
data-mining and data analytics by linking various big data from internal as
well as external sources such as Statement of Financial Transaction (SFT), data
received from Investigation Wing, information received under Automatic Exchange
of Information (AEOI), FATCA, Ministry of Corporate Affairs and GSTN to identify
persons / entities who have undertaken high-value financial transactions but
have not filed their returns. Several tax administrations around the world have
started providing pre-filled returns and automating various tax compliances
based on comprehensive and accurate third-party data available with them.

 

In some territories, tax authorities already
require full accounts payable (AP) and receivable (AR) ledgers (with
invoice-level detail) and subsequent periodic trial balance financial ledgers
to be submitted. These countries include Brazil, Poland, France and Spain
(where AP and AR ledger details are required to be provided within four days of
the invoice issuance). India, too, will join this club once e-invoicing is
rolled out.

 

The Organisation
for Economic Co-operation and Development (OECD) in its report on ‘Advanced
Analytics for Better Tax Administration – Putting Data to Work (2016)

highlights that several tax administrations (including Ireland, Malaysia, the
Netherlands, New Zealand and Singapore), in addition to building statistical
models to predict VAT fraud or error, are carrying out Social Network Analysis
(SNA) to help detect VAT carousel fraud (a VAT carousel is a complex form of
missing-trader fraud which exploits the VAT-free treatment of cross-jurisdictional
sales) and other group-level risks. SNA helps administrations to identify risky
groups in situations where individual-level assessments may fail to detect
anything of concern. It identifies links between individuals (for instance, through
company directorships, joint bank accounts, or shared telephone numbers) and
assembles connected individuals into easily visualised networks. Case-workers
can then browse these networks to profile individual risks. Equally, the
networks can be scored for risk using either a rules-based assessment or a
statistical model trained on historical data. This report also provides an
overview of the application of advanced analytics by various tax
administrations for:

 

(i) audit case selection,

(ii) filing and payment compliance,

(iii) taxpayer
service,

(iv) policy
evaluation,

(v) taxpayer segmentation.

 

(2) PROCESS AUTOMATION

In the past data
collection has often been ad hoc and laborious. It typically requires
analysis and rework of data to classify for tax purposes. Businesses have
worked on structuring their data and recording it in their financial and other
systems, and more recently have adopted technologies such as robotic process
automation to streamline collection processes.

 

Today, multiple tax
compliance solutions help in generating accurate tax returns by leveraging data
collected as part of core business functions. In future, this is likely to
change dramatically. Increasingly, the classification of transactions will be
automated using machine learning applications that perform text-based search
and apply preset rules, learning from previous analysis to predict the
appropriate tax treatment.

 

AI will do the job
without needing to rely on upfront recording in structured accounting ledgers
or after-the-event manual review and allocation in spreadsheets. Combined with
the increase in the extent of data to work with, these cognitive technologies
will produce a much higher degree of accurate tax classification for all
transactions and business events that taxpayers undertake.

 

(3) DECISION-MAKING

AI will have a
similarly dramatic impact on the application of tax judgement. These same
cognitive technologies improving data classification will enhance the
professional’s decision-making capabilities: machine learning, pattern
matching, fuzzy logic and natural language processing will allow complex tax
analysis to be undertaken by technology. These developments pose a significant
opportunity to reduce time and effort, improve quality and accuracy and
ultimately to raise the bar of what can be achieved.

 

A leading firm has
developed a tax-related application for large organisations with complex tax
affairs in the area of classifying expenses for correct treatment in the
corporate or indirect tax returns. This application goes beyond rules-based
solutions, using ‘human eye matching’ (fuzzy) and artificial intelligence,
where the tool ‘learns’ from the user’s tax decisions. The tool can rapidly
analyse complete sets of data, eliminating the risk of both human error and
sampling. In addition to its versatility which allows it to cater to a variety
of compliance-related needs, this tool offers a fully documented process that
reports on the decisions made and tax positions taken. Software features allow
the reviewer to focus on the most important or contentious decisions, which can
be manually overridden if the reviewer is uncomfortable with the machine’s
decision. Time savings are realised immediately as analyses that would
otherwise be done manually have been automated, while the evolving rule set can
be rolled forward to future years which builds further efficiency over time.
All in all, the tool makes a considerable contribution to effective tax risk
management at a time when tax authorities are bringing increased pressure to
bear on taxpayers.

 

 

 

In the US, there
is now a system that can predict the outcome of the US Supreme Court decisions
as accurately as leading legal scholars. It ‘knows’ or ‘understands’ nothing
about the law. Instead, it makes a prediction based on 200 years of case data,
each one described by up to 240 variables (the nature of the case, the justices
involved and so on).

 

The eighth edition
of the OECD’s Tax Administration Series Report (2019) provides insight into how
several tax administrations have adopted the use of behavioural insights and
analytics to better understand how and why taxpayers act and to use these
insights to design practical policies and interventions. It cites the example
of the Inland Revenue Authority of Singapore (IRAS) and how it complemented the
use of Business Intelligence (BI) with analytics to encourage taxpayers to pay
their overdue taxes as early as possible. IRAS built predictive models to
identify taxpayers with high payment compliance risk, before incorporating
uplift modelling to select and contact taxpayers who were more likely to
respond to interventions, i.e., outbound calls which enabled IRAS to focus its
compliance efforts on the high-risk taxpayer group and to apply BI
interventions strategically to achieve greater impact and efficacy.

 

(4) DEMOCRATISATION OF KNOWLEDGE

Some 15 years ago,
an in-house US tax team might have approached an adviser and asked what the tax
rate was in, say, India. The adviser would have looked it up and maybe checked
with its local contacts in India and then written back with the answer – for
which he would have charged a time-based fee. Today this seems very unlikely.
Unless there are some severe complications, the in-house tax team would have
direct access to this information through a variety of online sources. This
trend will continue and, over the next five years, practitioners will get ever
more sophisticated access to information and knowledge of the tax rules and
regulations to which they are subject. Besides, increasing transparency and
access to information and knowledge will have implications for global tax
policy and will change the interaction between authorities and taxpayers.

 

(5) OPEN NETWORKS

Online work
platforms have grown significantly in many areas of the economy. Labour
platforms such as Guru.com with some 1.5 million people, Upwork.com and
Mechanical Turk (mturk.com) are creating widespread networks of freelancers
available for task-based work. Tax teams are no longer entirely based on
traditional or full-time employees.

 

However,
crowd-sourcing or open talent models in the tax market seem further off when
compared to the use in IT, graphic design and finance. This situation is likely
to change over the next three to five years as three distinct developments in
tax converge. The tax professionals will require new skills around data,
analytics and technology. The breaking down of tax processes into individual
tasks through automation and standardisation will highlight specific work
routines that could be allocated to new workers not needing deep tax skills.
The evolution of the sharing and social economy will better connect potential supply
and demand and open new resource pools keen to work in different, remote and
virtual ways and within different reward models.


TOMORROW’S TAX WORLD

The combined effect
of these broader technology developments will bring about a sea change in the
way tax authorities and other regulators meet their objectives and manage their
responsibilities.

 

There has already
been a significant shift towards e-administration with increasing options and
uptake of online filing of tax returns as well as online payments and the full
or partial pre-filling of tax returns. Digital contact channels (online, email,
digital assistance) now dominate and the number of administrations using or
developing mobile applications continues to grow. Electronic data from third
parties, including other tax administrations, as well as internally generated
electronic data, is used in an increasingly conjoined way across tax
administration functions for improving services and enhancing compliance. This
trend also shows in the large number of administrations that now employ data
scientists.

 

Revenue authorities
already require large volumes of data to be filed. They have defined the
structure and format in which data needs to be maintained and provided. For
example, filing schemas and standard audit files like SAF-T, an international
standard for the electronic exchange of reliable accounting data from
organisations to a national tax authority or external auditors, defined by the
OECD, are being widely adopted.

 

Gradually, most tax
authorities will be requiring fuller data sets to be filed or made available
and in real-time or close to it. Indeed, they are likely to move beyond this.
Rather than require the data to be filed and managing the transfer and storage
of large volumes of data, they may simply mandate the algorithmic routines that
they require to be run across data sets and then review the results.

 

This real-time
access to the taxpayer’s financial data will save the effort of data transfer
and rely on taxpayers to maintain a digital record. Such a development will
also accelerate the time at which revenue authorities can review and
investigate a client’s information.

 

TOMORROW’S TAX PROFESSION

These developments
pose an essential question: What will be the nature and volume of future work
for professionals? When the impact of automation and augmentation increases,
what will tomorrow’s workforce do to replace the time currently spent on
today’s processes? Ultimately, what will be the right balance between human and
machine?

Daniel Susskind and
Richard Susskind also raise the following profound questions in their book The
Future of the Professions
:

 

  • Might there be entirely new ways of organising professional work,
    ways that are more affordable, more accessible and perhaps more conducive to an
    increase in quality than the traditional approach?
  •     Does it follow that
    licensed experts can only undertake all the work that our professionals
    currently do?
  •     To what extent do we trust
    professionals to admit that their services could be delivered differently, or
    that some of their work could responsibly be passed on to non-professionals?
  •     Are our professions fit for
    purpose? Are they serving our societies well?

 

They have
identified the following changes that are taking place across various professions
that are relevant to the tax profession:

 

  •     More-for-less challenge
    – Across the professions, institutions and individuals are being asked to
    deliver more service, with fewer resources at their disposal.
  •     Existence of new
    competition
    – Many of the technology-driven changes are being driven by
    people and institutions outside the boundaries of the traditional professions
    (often tech startups), with very different training and experience to
    traditional professionals.
  •     Productisation of
    services
    – Many professionals think of their work as a form of craft, like
    an artist starting each project afresh with a blank sheet of paper, or akin to
    a tailor stitching a suit to fit the particular bodily contours of his clients.
    Now we see a move away from that view, recognising that professional work does
    not have to be handled in this bespoke way.

 

  •     Increasing decomposition
    of professional work
    – Many professionals think of their work as solid,
    indivisible lumps of endeavour that must all be handled by particular types of
    professionals, working in certain ways, organised in specific forms of
    institutions. Increasingly, however, we are instead seeing professional work
    being broken down into composite tasks and activities. Once this is done, it
    often becomes clear that the work can either be performed by non-professionals
    or can be automated.
  •     Increasing
    commoditisation of professional work
    – When professional work is broken
    down in this way, it transpires that many of the tasks involved in it are not
    particularly complicated, they are relatively ‘routine’ and can be automated
    accordingly.

A TECHNOLOGY-BASED INTERNET SOCIETY

The Susskinds see a
different set of models for producing and sharing practical expertise emerging
as we evolve into a technology-based internet society:

(A) Networked experts or ‘workers on tap’ model
Here, it is still professionals that are involved in producing practical
expertise. However, rather than being employed in a particular brick-and-mortar
institution (a firm, hospital or school), professionals instead use online
platforms to work in a far more flexible, more ad hoc way in solving
professional problems. Doctors-on-Demand in medicine and Axiom Law in the legal
world are two examples.

(B) Para-professional model – Here, less
expert people, using new technologies, can perform tasks that would have
required more expert people in the past. Take the medical diagnostic system
developed at Stanford. It is entirely conceivable that in primary care of the
future, one may not necessarily be treated by a doctor but by a nurse
practitioner who, using one of these systems, can offer the sort of diagnostic
support that might have required a more expert person in the past.

 

(C) Knowledge-engineering model – This is
what we were doing in the 1980s: engineering systems, derived from the
knowledge of experts, for non-experts to use (in our case, to help solve legal
problems). Many readily-available online DIY tax preparation software and
contract-drafting tools rely on this model.

(D) Communities of experience model – Social
networks are now a ubiquitous feature of contemporary life. Also familiar are
professional networks, where practitioners gather to share their expertise.
Less familiar, though, are communities of experience – where patients, rather
than practitioners, meet to share their experience and advice. Take, for
example, PatientsLikeMe, an online network of more than 600,000 patients who
come together to share experiences of their symptoms and treatments, receiving
support and solving problems that might have required more expert medical
professionals in the past.

 

(E) Embedded knowledge model – To grasp
this, consider the card game Solitaire (also known as Patience). If this game
is played with physical playing cards and a player tries to put a red five
under a red six, this is possible (even if it is called ‘cheating’). Putting
two cards of the same colour on top of one another is, of course, against the
rules. Now imagine a player who is playing the same game but on a smartphone.
If the player tries the same move, it is not possible for him to do so because
the system simply returns the offending card. The rules are embedded in the
system. A breach is not merely prohibited, it is impossible to perform.
Likewise, as more of our lives become digitised, practical expertise will not
be invoked through the intervention of human beings but will be embedded in our
everyday systems instead.

(F) Machine-generated model – Here,
increasingly capable systems and machines produce and share practical expertise
without any human involvement. Of the six models, this is the most radical,
where traditional recipients of professional work would have access to
technologies that obviate the need for human experts altogether. Although this
scenario is the most widely discussed in the popular debate, it is essential to
keep in mind that this model is only one of six.

 

While digital transformation will require significant change and pose
considerable challenges, that future will also offer significant opportunities.
It seems clear that revenue authorities will embrace technological change and
use it to gain access to global data sets and thereby create more tax
transparency. This development will increase the demands on tax professionals
coming from increased complexity, rapid change and heightened risk. However, by
embracing the new technologies for handling and analysing data, tax
professionals will be able to improve compliance processes, enrich their tax
analysis and provide greater understanding and value to their organisations.

 

Over the short
term, it appears that there will be more work to do in both managing the change
and the consequences it will lead to: The greater accuracy that the new
technologies will offer and require for both tax processes. Moreover, the
nature of that work will be different. The digital transformation will reduce
time spent processing, improve analytical capabilities and create significant
new opportunities for businesses to manage their tax obligations.

 

It’s difficult to
be precise about what the tax digital future will be like, but certain
characteristics seem clear. As a society and as professionals:

(a) We will be data-driven, leading to a more
holistic approach at the enterprise level. We will manage that data better. We
will harness its power to act faster, provide richer insights and create
business value for the organisations we serve.

(b) Big data will lead to greater granularity,
precision and accuracy. We will work with integrated data sets, including all
aspects of the underlying transactions – both the structured and unstructured
data elements. It will result in enhanced analysis in detail rather than
sampling and estimation.

(c)   Algorithms will increasingly be the way we
apply our expertise, our knowledge and experience. Furthermore, we will need to
apply that expertise earlier in processes as real-time reporting takes hold and
accelerates the times at which data is submitted.

(d) Robots will take more of the strain. Robotic
process automation technologies will evolve, become easier and cheaper to
deploy and as a result will become ubiquitous tools for professionals to use to
streamline processes. Besides, they will become smarter, infused with AI, and
therefore have a greater impact.

(e) The user experience will be more digital. We
will consume information in a more personalised way through the video and other
mixed reality media. At the moment, work in systems such as email involves
interacting through a keyboard. In the future, we can expect much more use of
natural language processing, talking to virtual agents and connecting through
online forums.

 

TOMORROW’S TAX PROFESSIONAL

With these dramatic
changes will come a significant impact on the tax professionals’ lives – how we
work and what we do. The relationships and roles within our organisations and
with advisers will be different. They will be expected to do more work earlier
in the process as transactions are recorded, or internal controls put in place,
and also in the later stages, in areas of controversy and dispute resolution.

 

Consequently, the
skills and capabilities required will be very different from today with a blend
of ‘automation and augmentation’ impacting the workforce. Manual processes will
be replaced by automation of data flows and the impact of robotic process
automation. At the same time, professionals will be augmented by AI
technologies embedded in the ways knowledge is accessed and experience used to
apply it to business circumstances. An example of this is an AI-driven tool
that can act as a virtual research assistant that can help in searching for
relevant case laws, analysing rulings and assessing whether a tax case is
likely to be successful.

 

The above
transformation will trigger a complete overhaul of the processes and the
resource models to get tax work done. Tax processes will be broken down into
individual tasks and allocated to new workers not always needing deep tax
skills. For example, several BPO firms carry out tax return compilation and
filing work on a large scale by employing graduates who work with the tax
return preparation software with minimal training. The evolution of the sharing
and social economy will open up talent networks, crowd-sourcing models and the
so-called ‘gig’ economy to the tax marketplace on the lines of examples given
under the networked expert or workers on tap model above.

 

The skills required
for tomorrow’s tax professional will continue to include the traditional skills
such as core technical expertise (to deal with increasing complexity in the
ever-changing tax and regulatory landscape) and professional ethics; the tax
professional will need to imbibe additional skills such as:

(I)   Increased technology skills specifically with
respect to the familiarity with continuously changing applications such as
specialist tax software, electronic tax administration platforms and also other
disruptive technologies, such as artificial intelligence / digital assistants,
to augment their output.

(II) Business and commercial skills to think and
align tax and business strategy.

(III) Risk assessment and management skills in
respect of tax positions taken, corporate structures, existing and emerging
laws, regulations, political initiatives and shifting public perceptions.

(IV) Communication and collaboration to manage
relationships – engage, interact, influence and inform stakeholders in finance,
statutory audit and tax administrations. Ability to translate tax jargon for
non-technical stakeholders such as boards, management, investors, clients and
media.

(V)  Advocacy and negotiation. Advocacy for tax
policy and strategy. Dispute resolution – internal and external.

 

SUM IT

Change for tax professionals is just round the corner. Like other
professionals, they, too, will continue to ride the rapid wave of technology
changes and associated risks as humankind continues to pursue the digital
future. While it is difficult to predict decisively what the future holds, the
meta-trends are recognisable in the technologies today as we try to anticipate
and shape our plans accordingly.

 

At the same time,
we must also realise that in five years we may be working with technologies
that are yet to be invented. Hence, riding the crest implies tireless
monitoring of developments and agility in experimenting with and adopting new
technologies. The new road for tax professionals could be fraught with no speed
limits as the pace of digital transformation hastens. The professionals must
map out the potential impact of all disruptive technology and actively engage
with the emerging trends. Relentless evolution and adaptability will continue
to be the cornerstones, while yet retaining their core strengths.

 

In this context, it
may be worth remembering Mahatma Gandhi’s recommendation: ‘The future
depends on what we do in the present
‘.

 

REFERENCES

1.   Deloitte (2019), ‘Our digital future – A
perspective for tax professionals’;
https://www2.deloitte.com/content/dam/Deloitte/global/Documents/Tax/dttl-tax-deloitte-our-digital-future.pdf

 

2.   OECD (2019), Tax Administration 2019:
Comparative Information on OECD and other Advanced and Emerging Economies;
https:/doi.org/IO.1787/74d162b6-en

 

3.   OECD (2016), Advanced Analytics for Better
Tax Administration: Putting Data to Work;
http://dx.d0i.org/10.1787/9789264256453-en

 

4.   Susskind R. and Susskind D. (2015), ‘The
Future of the Professions: How Technology will transform the Work of Human
Experts’

 

5.         Diamandis
P. and Kotler S. (2020), ‘The Future Is Faster Than You Think’

 

THE RUN-UP TO AUDIT IN THE 2030s

Sometime in the 2030s, if not earlier, most
of the functions involved in a financial audit will be automated and the team
size will drop by half. Automation, AI and machine learning will do a majority
of accounting work and it is only logical that this will have an impact on
audits. The accountants and auditors aren’t going to die soon; we will need
them to orchestrate the maelstrom of change.

 

SEVEN things are discernible in the run-up
to the 2030s and those in the attest function will have to see how to stay
afloat.

 

TREND 1: THE RISE OF
AUTOMATION

Ever since the Industrial Revolution kicked
off more than 175 years ago, the human fascination for technology has
multiplied. Companies have automated a lot of their manufacturing and service
processes. Over the years, these have affected the staid old professions of
accounting and audit, too. From 13 columnar sheets to an AI-driven data
analysis pack, we have come a long way.

 

Let us not associate technology only with
large publicly-listed companies. In fact, it is the smaller entities that are
far more nimble. MSMEs, which are characterised by a high degree of
centralisation in decision-making and deficiency in internal controls, too, embrace
technology as they step onto the growth highway. Auditors, too, must keep pace
with the times and embrace new audit technologies. Since these tools and audit
laboratories can be expensive, small and medium firms will use cloud-based
tools on pay-per-use model.

 

IPA (Intelligent Process Automation), which
is the next upgrade from RPA (Robotic Process Automation), has come to stay as
an advanced data extraction tool, with its inbuilt artificial intelligence
module helping in decision-making. Such changes compel us to evaluate our
competency levels. Are auditors prepared to do it in the areas they specialise
in: audit, accounting, consultancy, tax and compliance? The ICAI has stepped in
to help in this direction. Recently, it released Version 2.0 of the Digital
Competency Maturity Model for Professional Accounting Firms (DCMM), which helps
accounting firms make these self-assessments. DCMM provides implementation
guidance on how far one should move ahead. However, being competent and mature
enough to handle digitalisation is just the beginning. There is a long way to
travel on the road to execution.

 

The winners will emerge from among those who
assess themselves, make the necessary shift and go the full distance on
technology.

 

TREND 2: WE WILL HAVE TO DEFINE AUDIT QUALITY

Judging audit quality is both subjective and
challenging. It is beyond compliance with standards and processes, adherence to
legislation and zero defects. Today, we are unable to define ‘quality.’ We go
back to an oft-quoted statement on photography: ‘I don’t know what’s good
quality photography, but I know it when I see one.’ We have taken a similar
stand on what constitutes audit quality. This stand must stand (pun
intended)
.

 

In the next two years, we must have a
generally accepted definition of Audit Quality. By the way, the ICAI has
initiated steps to establish a framework for an Audit Quality and Audit Quality
Maturity Model. Apart from the auditors, the clients, too, must take cognisance
of this development. If that happens, it will add cheer to the auditors’
efforts and minimise the audit-expectation gap.

 

Thankfully,
audit reporting has slowly moved from template-based reporting to a more
‘entity-specific’ reporting. The SA-706 ‘Emphasis of Matter and Other Matters’
and SA-701 ‘Key Audit Matters’ have been the key differentiators. These have
helped improve the quality of audit and enhanced the relevance of audit opinion
to users. CARO 2020, which is exhaustive and looks onerous, is also a step
toward reducing the expectation gap.

 

It’s crucial to define the expectation gap
and identify the reasons for it. ‘Expectation gap’ is the difference in
perception between ‘what the public thinks auditors do’ and ‘what the
public wants auditors to do.’ This gap hasn’t narrowed with time and
there are three reasons for this.

 

First, Knowledge Gap: What auditors do is different from what the public thinks they are
doing and this is called Knowledge Gap. Professional bodies communicate with
audit firms by making available updated information on changes in regulations
and the need for change. Audit firms, in turn, interact with clients and sound
them out on these changes. But, somewhere down the line, the message the public
receives is feeble and not forceful because there is a perceived absence of
wide-reaching platforms.

 

Second, Performance Gap: What auditors are supposed to do
differs from what they actually do and this is known as Performance Gap. Let us
underscore one aspect. ICAI, as a standard setter, has been continuously
responsive by updating standards on accounting, audit and ethics and by providing
implementation guidance. The action on lax and inefficient auditors is not as
fast as some would have wished it to be and so the public perception is one of
laxity.

 

Third, Evolution Gap: What the public wants the auditors to do and what the auditors are
supposed to do, is called Evolution Gap. Society is unmindful of what the
auditors are supposed to do. True, regulatory changes are taking place at
breakneck speed. New legislations, new standards or revisions in the existing
ones have been coming in at a rapid pace. The auditors are also not lagging in
compliance with the amended laws. Despite this, the public expects audits to
evolve in a way so as to prevent the failure of the audited-client. We in the
profession must look at this expectation gap and narrow it down.

 

The winners will emerge from among those who
can bridge the performance gap fully and the other two gaps as much as they
can.

 

TREND 3: SEPARATE GRAMMAR FOR A SEPARATE CLASS OF
COMPANIES

Standards are the grammar of both accounting
and auditing. There will be a different set of financial reporting guidelines
for ‘Less Complex Entities’ (LCEs). The auditing standards now apply to all
audits irrespective of their nature, size and structure. This practice is
leading auditors to focus on ‘compliance’ and not on ‘judgement.’ In the years
ahead, we will most likely have a different set of standards for auditing. Such
a package would make documentation and risk assessment disclosures easy.
Judgement will be back in auditing.

 

Limited internal controls and management
override characterise several MSME audits. These are demanding situations that
affect efficient audit performance. Worse still, these situations come with low
remuneration. If an auditor assumes that the examination of an SME client
carries lower engagement risk compared to that of a large entity, the auditor
is mistaken. SMEs most often scale at a high growth rate and do not have robust
internal control systems and other governance oversights to manage the pace of
growth. It is nobody’s case that work should be done only to the extent of fees
received. But if truth be told, that’s an overriding reality in at least some.
We will see audit firms agree upon and insist on a minimum fee commensurate
with the nature and size of the engagement.

 

Winning firms will be those that realise the
engagement risk in every engagement – small, medium, or large – and who either
cover it or seek a price for it.

 

TREND 4: FRAUD IS AUDITOR’S OBLIGATION

‘Fraud’ will be the biggest challenge in the
future. An auditor of financial statements has a fraud detection
responsibility, especially if it leads to a material misstatement in the
financial statements. Remember, SA-240 lays the primary responsibility for
preventing fraud at the door of the management. But the auditor is responsible
for providing reasonable assurance. The truth is that there are certain
limitations in audit and even if the audit is planned appropriately, some
material misstatements may remain undetected. If we want to be in the attest
function, we must learn to live with this reality.

 

Look at the challenges. Under the Companies
Act, 2013 the auditor has to report the fraud to the Central Government. But it
does not require the auditor to carry out a roving investigation to detect
fraud. A reading of the Auditing Standards and the Companies Act, 2013 throw up
a couple of aspects. First, an audit engagement requires the auditor to express
a ‘true and fair’ view on the financial statements. But such a commitment does
not envisage that all frauds would be detected. Second, a fraud not being
exposed does not mean that the auditor has not carried out his engagement
correctly.

 

When no fraud is reported or comes to light,
we don’t compliment the auditor for a job well done. But at the faintest hint of
scandal, the stakeholders descend on the auditor like a tonne of bricks and
bombard him with a barrage of questions. We in the audit profession must never
lose sight of this reality.

 

While auditing, an auditor maintains the
mindset that fraud is always possible. When the auditor is a fraud examiner, he
begins his / her assignment with the belief that someone is committing fraud
and affirms that belief unless the evidence shows no signs of fraudulent
activity. In a regular audit, we must be alert towards the perpetrators and the
impact on the defrauded organisation. The best practices would include:

 

(i)    Implementing audit procedures that throw up
warning signals.

(ii)   Recognising that submission of financial
results is merely the end-result of an audit process that runs through the
year, during which the integrity of auditing should be unquestionable.

(iii) No member of the audit team can entertain the
view that detecting fraud is not an auditor’s job. If this were the case, then
compliance with auditing standards on fraud detection may become a rote
exercise.

(iv) Being alert to factors that may create
incentives or pressures for management to commit fraud and might permit
opportunities to do so.

(v)   Recognising that improper revenue recognition
is a fraud risk in particular where estimates and judgement involved is high.

(vi) Evaluating transactions and events in which
management override has been applied over internal control matters, causing a
dent on reliability.

(vii) If the audit process determines that evidence
of fraud may exist, the auditor should consider the organisation’s position and
report it to appropriate authorities.

 

Often, there have been concerns about the
independence of auditors. These arose in the context of the appointment
methodology, a significant part of the audit market space being occupied by a
few firms, the high cost of audit of Public Interest Entities (PIE) and the
increasing complexity of business operations. Besides, one can perceive changes
in personal value systems because of the increased materialism that the world
has chosen.

 

There is also
the increasing awareness that the line between profession and business is
thinning. For a pure Chinese wall to be built, audit firms must focus only on
certifications and assurance. Everything else should be under a different
entity that maintains an arm’s length distance. Mere departmentalisation won’t
do in this regard.

 

The earlier firms understand these technical
niceties and make the necessary adjustments, the faster they will step onto the
growth track.


TREND 5: CODE OF ETHICS

Professional independence should be felt,
experienced and be visible, however tough that may be. This is the hallmark of
any profession and this is what will bring in public trust. As with the profession
of medicine, ours is the profession of trust and so our work must be executed
without a hint of interdependence.

 

The new version of the Code of Ethics,
effective 1st July, 2020, is a significantly large document. By
imposing restrictions in particular for PIE, on taxation services to audit
clients, by introducing assessments for ‘threat to independence’ and specifying
reporting obligations for non-compliance with laws and regulations (NOCLAR),
the document shows that its heart is in the right place. For it to succeed, we
need to follow it both in letter and in spirit. Many a time, we do see
instances of bending of the law without breaking it. Some of the provisions,
especially relating to networks, might appear onerous but if we have to pass
the test of public scrutiny on independence, we must follow them. Independence
is the foundation for trust in an Audit Opinion and it is worth walking the
extra mile to protect the respect for and enhance the stature of the audit
profession. As the profession evolves more fully, we will see a lot more
changes to the Code to keep it current and modern, not archaic and ancient.

 

The firms that traverse the distance from
being good to great will practice both value and ethics in thought, deed and
action.

 

TREND 6: GLOBAL TRENDS WILL AFFECT INDIA

Two reports merit attention: the Brydon
Report and the three-year strategic plan of the International Forum of
Independent Audit Regulators (IFIAR).

 

At the instance of the Department for
Business, Energy & Industrial Strategy, UK (BEIS), Sir Donald Brydon
undertook an in-depth review of audit quality and effectiveness. In December,
2019 his report was placed in the public domain. It contains path-breaking
suggestions, calling for extensive reforms for accomplishing improved audit
quality.

 

Here are some of its suggestions that give
you a heads-up of what you can experience in the coming years.

(a) Redefine the purpose of audit: The purpose of an audit is to help establish and maintain the
deserved level of confidence in a company, its directors and the information
they report, including the financial statements.

(b) Introduce the concept of suspicion: Auditors exercise professional judgement and appropriate scepticism
and suspicion throughout their work. Auditors must act in the public interest
and should consider the interest of all users and not just the shareholders.

(c) Enhance
the informative nature of the audit report:
Auditors need to create continuity between
successive audit reports, provide greater transparency over differing
estimations, perhaps disclosing graduated findings, and call out
inconsistencies in the information made public.

 

The second is the set of initiatives taken
by the International Forum of Independent Audit Regulators (IFIAR). In its
three-year strategic plan, IFIAR is focusing on achieving ‘significantly
improved audit quality on a global basis’. It has revisited the role of Audit
Committees (AC) in different jurisdictions and is actively reviewing whether
ACs should select the external auditor, determine their fees and assess audit
performance. A set of Audit Quality Indicators for evaluating external auditors
is also under evolution.

 

The audit firms that are 2030-ready will
keep a constant vigil on the global best practices and developments and
internalise them to the extent possible.

 

TREND 7: ANYWHERE, ANYTIME, ANYONE

This was waiting to happen. The
infrastructure was in place and the competence was there; it only needed a push
and societal acceptance. Covid-19 gave us just that. Even as audits have gone
beyond the paper-and-pen phase and with global audits already being done from
remote locations, the next jump will be carrying out reviews from anywhere you
may be: office, home or cafeteria. As the world steps into a new order of
freelancing as opposed to full-time employment, as travel becomes increasingly
cumbersome, as Generation Z steps into the workplace, audits from anywhere and
anytime will become the norm. Footfalls in clients’ places will drop just as
footfalls in audit offices dropped during the last 20 years.

 

 

With AI, RPA,
Blockchain, big data and machine learning, the world of accounting is changing.
People will not log data; machines will. Already, many accounting applications
today can put the smartest of analysts to shame with the speed of execution and
dexterity of operations. Neither accounting nor auditing is so quickly going to
disappear. As long as there is cricket, there will be scorekeepers and umpires.
Accounting is about scorekeeping and auditing is about umpiring. What’s
changing is how frequently we want to see the scores, in what mediums we want
to see them and how many of the documents can be digitalised. The firms that
will lose out are the ones that are not seeing the gathering storm and not
preparing for it: the Kodaks of the world. Have an influential culture,
modernise and use emerging technology and you will win.

 

Today is perhaps the best time in history to be
in accounting and audit as the world of work around us is changing incredibly,
right before us.

OVERCOMING THE CHALLENGE OF RISK MANAGEMENT IN PROFESSIONAL SERVICES

In his seminal tome
Against the Gods – The Remarkable Story of Risk’, Peter L.
Bernstein says that the revolutionary idea that defines the boundary between
modern times and the past, comprising thousands of years of history, is that of
the mastery of risk: the notion that the future is more than a whim of the gods
and that humans are not passive before nature. The book weaves across
generations to tell stories of thinkers whose remarkable vision showed the
world how to understand risk, measure it and weigh its consequences, converting
risk-taking itself into one of the prime catalysts that drives modern society.

 

This article is an
attempt to expose to a professional (other than one who has made risk
management itself as her professional calling) some facets of risk and give
pointers to develop an integrated risk management framework in which risk can
be understood and managed, if not entirely mitigated. While my experience has
almost wholly been as a professional practising in the area of taxation and my
thoughts will therefore reflect that bias, I am sure some of what I say may
have universal application for all professional service providers.

 

Globalisation of
the market place, advances in information technology, rapidly changing laws,
growing intolerance of compliance being only in letter but not in spirit, with
a simultaneous emphasis on good corporate governance, proliferation of
litigation and increased diversity in services offered and even the emerging
global megatrend of ‘tax morality’ are some of the current issues faced by a
professional. When one reflects on professional services firms, even as they
often are called in by clients to advise them on risk management, they
themselves are struggling to keep risks at bay in this Volatile, Uncertain,
Complex and Ambiguous (‘VUCA’) world.

 

Accounting firms
traditionally provide services to clients in three major areas: Audit or
Assurance, Tax, and Advisory Services. The business risk associated with each
of these three services includes loss of future income, loss of reputation and
exposure to legal liability. These risks are not mutually exclusive and, given
the inter-dependent way in which one or more services are often provided to the
same client, a professional firm may be exposed to one or more of the above
risks simultaneously. While external insurance protection is indeed available
and can, to an extent, mitigate financial risk, it cannot protect against loss
of reputation, which in my view is the biggest risk.

 

Fundamental to a
professional’s engagement is the premise that she will deliver quality services
and besides meeting clients’ expectations on this count, this is now more often
demanded by regulators and other third parties who may have relied on a
professional’s work. Though quality is often difficult to precisely define in
the professional services arena, professionals can and should ensure that they
adhere to the guiding principles on quality. A few of these are listed below (see
tabulation
):

 

(a)

Proper scoping of the work laying down,
wherever possible, scope limitations and caveats;

(b)

Matching of the work to what has been
contracted for;

(c)

Proper planning of the engagement;

(d)

Involvement and engagement of partner or
other senior resources;

(e)

In complex situations or where stakes
are very high, involvement of a Quality Review Partner;

(f)

Where necessary, involvement of internal
or external experts, including counsel;

(g)

Where necessary, appropriate engagement
with regulators or authorities;

(h)

Appropriate and adequate documentation;

(i)

Suitable communication with clients;

(j)

Periodic and regular Quality Performance
Reviews and corrective actions.

 

A robust risk
management framework will also contain thoughtfully designed processes,
encompassing the entire life-cycle of a professional engagement. Some of these
are as follows:

 

(A) Independence

The importance of
being independent cannot be overemphasised. From very basic concepts such as
not performing a management or an employee function, this concept straddles
almost all situations, real or perceived, which can lead to compromising a
professional’s independence. The risk of blurring professional and personal and
financial relationships is sometimes fatal to continuing to serve clients
objectively.

 

(B) Client acceptance

This process is
critical to the long-term sustainability of a professional firm. In today’s
environment where perceptions often cloud reality, association with dubious
clients to whom a professional may have provided professional services can be a
significant barrier to maintain and enhance a spotless professional reputation.
Appropriate background checks before accepting a client has rightly become a
mandatory hygiene process. Firms may introduce additional filters on the basis
of their experience and expertise, for example, high-risk industries,
politically-connected persons, cash-based businesses, etc. to narrow down their
universe of serviceable clients. Further, the client acceptance process is not
a static one-time task. It needs to be renewed and reviewed periodically,
preferably at least once each year to check that nothing has adversely changed,
either with the client’s business or in the environment.

 

(C) Engagement acceptance

This is a document
created for every new engagement of an existing or new client and contains all
background information on the engagement and the nature of work to be
performed. It will document the applicable statutory provisions to be
considered, e.g., auditor independence and standards applicable to the
engagement; for example, the ICAI Code of Ethics. It will also lay out unusual
risk factors, if any, and their impact, as also steps taken to mitigate or
manage such risks. It will document third-party involvement, such as counsel
opinions to be obtained. It will also contain the names, designations and
experience of team members who will execute the engagement. And it will lay out
the range of fees that is usually charged by the firm for the type of
engagement.

 

(D) Engagement contract or letter

Externally, this is
perhaps the most important document, second only to the actual engagement
deliverable, and it forms the very basis of the contract for performance of
professional service. Having a well-laid-out clear and simple engagement
contract, containing the complete scope of work with all scope exclusions,
limitations and caveats, as also the fees that would be charged and the
milestones at which these would be charged, and the liability assumed for the
deliverable, reduces the possibility of disagreements later. It also restricts
the liability of any deliverable so long as the deliverable is properly
referenced to the engagement contract. And it contains usual clauses governing
the professional relationship, including a force majeure clause, and
lays down the roles and responsibilities of each party to the contract.

 

(E) Evaluation and on-boarding of third-party service
providers

This is assuming a
very important dimension because very often service providers are being held
responsible for not only their own deliverables but also for the actions and /
or inactions of other service providers who may have played a part in the
engagement. The processes described above, viz., independence, client
acceptance, etc., must also be carried out for each third-party service
provider. It must be ensured that third parties working together either as
co-partners or sub-contractors, share the same value systems as the
professional. Wherever necessary and feasible, the third-party service provider
must be imparted the relevant risk trainings to avoid any misunderstanding.
Clear documentation of the role, risks and rewards that will be shared with the
third-party service provider must be documented and assented to by that
provider as well.

 

(F) Data protection
– safeguards and developments in legal obligations

Professional firms possess and process a lot of sensitive professional
and personal data, especially of their clients and employees. Many clients,
too, expect adequate processes and compliance with local and global legal
regulations (like the European GDPR) as a pre-condition for engaging professionals.
These obligations span rules for gathering, storing, protecting and processing
of personal information as well as mechanisms to deal with breaches.

 

(G) Mandatory risk management trainings

Devising and
implementing risk management trainings frequently to all relevant staff
members, regardless of their designation and standing in a professional firm is
a sine qua non for the risk management strategy to survive in any
organisation. Over-communication of a professional firm’s risk management
policy and processes is a virtue and should not be viewed as an evil to be
tolerated. Here the tone must be set from the top, with senior-most partners
taking the lead on rolling out these trainings and frequently setting out
screensavers, posters, etc. in the workplace to keep reminding everyone about
the basic concepts.

(H) Insider-trading and other statutory regulations

Today, more than
ever, regulations are increasing the burden on professional firms and must be
followed in order to continue to discharge honourably the obligation that
society has cast on professionals. However, the ‘Gold Standard’ in a risk
framework must go beyond statutory compulsions and must inculcate a ‘smell
test’ foundation. The question, ‘What if this act is reported on the front page
of leading newspapers or anywhere in the media?’ must be the idea that needs to
be brought to life in any risk management framework.

 

(I) Mandatory
escalation of any breaches or perceived violations

The risk management
framework must be designed in a manner to encourage anyone in the firm to
independently report any real or perceived violations without any fear of
sanctions. Many risk-laden situations can be mitigated if escalated at the very
beginning of any breach or perceived violation.

 

(J) Zero tolerance

There ought to be
zero tolerance within the firm for anyone breaching risk rules, either
explicitly or impliedly, with graded financial sanctions to be imposed or even
dismissals and separations to be considered and enforced in serious situations
(especially where there is a violation of the firm’s ethics and / or involves
committing acts of moral turpitude).

 

(K) Risk management framework review process

It is a good practice to have at least two or three types of reviews
done periodically. The first is to internally refresh the entire Risk
Management Framework – ideally at least once thoroughly every two years and a
refresh to be carried out every year. This is in addition to external events
which can necessitate an immediate modification or addition to the framework.
The second is to have another independent firm peer-review the risk framework
and mutually share best practices. Yet another could be to adopt and customise
a few best practices that one may pick up in international professional
seminars and conferences.

 

RISK OF OBSOLESCENCE AMIDST CHANGE

Finally, one of the
biggest risks that a tax professional faces today is the rapidly changing
landscape of tax services. The quest to stay relevant to society is now more
acute than ever before. Going forward, in my opinion the entire platform of tax
services will rest on three main pillars. These will broadly define how tax
professionals may need to specialise their skill sets and garner focused
experience. These are (1) Technology-enabled tax compliance, (2) High-end
advisory services, including on complex transactions, and (3) Litigation.

 

 

The astute
professional realises that tax services can no longer be delivered in the same
fashion as has endured for some years now. Technology is ruthlessly being
embraced – not only by clients but also by the authorities. The professional
must learn to adapt and even master technology to stay ahead of the game.
Technology tools using Artificial Intelligence (AI) and Machine Learning (ML)
must take over a considerable number of repetitive tasks; and leveraging on cost-effective
resources will be the new normal soon. Further, non-professional technology
firms already have disrupted and usurped the lower end of the compliance
market.

 

Simultaneously,
there are attempts to achieve a global consensus on the tax basis and methodologies
on the back of a relentless drive to stop tax-base erosion. This has resulted
in radical changes in domestic and international laws and the emergence of and
seeping in of transaction tax type levies, giving rise to fresh challenges for
the professional to overcome. Today’s professional reality is the coming
together of accounting and tax principles, giving clear preference to the
doctrine of substance over form and with new and ever-changing company law,
foreign exchange and SEBI regulations. A clear need has arisen for
professionals who have experience in more than just one or two core areas and
also for those professionals who can collaboratively work together with other
professionals in different disciplines to evolve solutions to overcome complex
problems which do not fall foul of any regulations. In this arena, too, it is
common experience that sister professions are nibbling away at pieces of work
that Chartered Accountants traditionally performed. This calls for a
longer-term strategy to develop and nurture appropriate talent.

 

Given the complexity in tax laws and the tendency of both taxpayers and
tax assessors to be aggressive, a professional will need to master Litigation
Strategy, if she must perfect the tools of her trade. Today, more than ever,
clients need hand-holding and guidance on which litigations to pursue and which
ones not to, having regard to the alternate forums of dispute resolution
available under domestic laws as well as under India’s tax treaties.

 

Both individuals
and firms are busy meeting many of the challenges highlighted above. Broadly,
any strategy must include devising a detailed compliance framework, including
establishing a crisis management plan, purchasing appropriate insurance cover,
implementing the right technology and systems, and creating a culture of
compliance throughout the organisation.

 

Finally, managing
risk is very different from devising economic strategy to grow and be
successful. Risk management must focus on the negative – dangers and failures rather
than opportunities and achievements. And it’s tempting to relegate risk
management as a ‘good to have’ rather than a ‘must have’. Instances of failure
of other professionals is often viewed as being specific to those sets of
individuals and is rarely acknowledged as a shortcoming of the way a
professional firm is run on a daily basis. It’s also antithetic to a culture of
‘winning more and winning bigger’, hence tends to find few takers willing to
invest both time and money now, in order to avoid an unknown future problem
that may not even occur. However, as the history of humankind has shown,
vulnerabilities have existed through various times – good and bad – and the
foundation of any long-term sustainable and successful strategy must include a
robust risk management system. After all, any firm’s ability to weather a storm
depends very much on how seriously top management takes its risk-management
function when the sun is shining brightly, with scarcely a cloud on the
horizon.