Highlights of the Budget 2003 is especially extracted for you in this section. It is equipped with detailed information concerning your business, enabling you to keep yourself up-to-date to the latest economic news and newly implemented rules and regulations of the Government. The changes are in tune with the ERC’s recommendation report and show the Government’s determination to restructure the economy. It also allows you to find out how your business had been affected by the new Budget announcement. From there, you would then be able to formulate strategic plans to make essential changes and leverage on it to your company’s advantage. Below are the five strategies that the Government has undertaken to keep Singapore’s economy to move ahead.
It includes:
The 2004 budget includes a comprehensive package of measures to create a ‘best for business’ environment that supports creativity and enterprise, and attract talent and investments to Singapore.
Prime Minister and Minister for Finance, Mr Lee Hsien Loong delivered the 2005 Budget Speech in Parliament on 18 February 2005. This year's budget is set in the background of in improved economy arising from a strong economics growth of 8.4% in Financial Year 2004. As a result, the fiscal position offers a budget surplus in contrast to last year's deficit.
The Budget focused on promoting an economy brimming with opportunities and on fostering a stronger sense of community among Singaporeans.
In view of the economic recovery, the Prime Minister also announced an additional 3% cut in the budget caps for all ministries except the Ministry Of Defence for Financial Year 2005 on top of the 2% cut last year.
Companies with S44 balance @ 31.12.2005 can remain under th eimputation system up to 2 years. You can utilised S44 balance to pay franked dividends.
Updated January 2006
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Tax Changes |
Summary |
FAQ/ Related Information |
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Jobs Credit |
The Jobs Credit Scheme is introduced to encourage businesses to preserve jobs in the downturn. The first quarterly payment will be paid on 31 Mar 2009, and subsequent ones in Jun, Sep, and Dec 2009. Employers do not need to apply for the Jobs Credit. The Jobs Credit is automatically granted to eligible employers and computed based on CPF contribution data.
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Corporate income tax rate cut |
Corporate income tax rate will be reduced from 18% to 17% to help maintain Singapore's competitiveness. The rate cut will take effect from YA 2010.
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Enhancement of Carry-Back Relief for YA 2009 and YA 2010 |
Unutilised trade losses and capital allowance for YA 2009 and YA2010 can be carried back to set off against Assessable Income of 3 immediately preceding YAs up to a limit of $200,000. |
e- Tax Guide on Enhanced Carry-back Relief System |
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Enhancement of Tax Deduction for Capital Expenditure Incurred on Renovation or Refurbishment Works |
Businesses that incur qualifying Renovation & Refurbishment expenses in the basis periods for YA 2010 and YA 2011 can deduct such expenses in one year instead of over three years, subject to the cap of $150,000 for each relevant three-year period. |
Related information Revised e-Tax Guide (23 Feb 09) on Deduction for Expenditure Incurred on Renovation and Refurbishment Works |
| Extension of the Tax Exemption Scheme for New Start-up Companies to Companies limited by Guarantee | Companies Limited by Guarantee (CLGs) will be allowed to qualify for the tax exemption scheme for new start-up companies effective from YA2010. | Excerpt from Budget Speech Annex Related information Tax Exemption Scheme for New Start-up companies |
| Tax Framework for facilitating Corporate Amalgamations | A new tax framework for qualifying amalgamations will be introduced. | Consultation Paper on Proposed Tax Framework for Corporate Amalgamations Excerpt from Budget Speech Annex |
| Enhancement of Capital Allowance Granted In Respect of Plant or Machinery Acquired for YA2010 and 2011 | Accelerated write-down of capital allowance (CA) will be allowed on plant and machinery acquired in the basis periods for YA 2010 and YA 2011. CA is computed based on 75% of the capital expenditure for the first YA and 25% of the capital expenditure for the second YA. |
Excerpt from Budget Speech Annex |
| Accelerated Writing - Down Allowance for Acquisition of Intellectual Property for Media & Digital Entertainment Content | The writing-down period for writing-down allowance under section 19B will be reduced from 5 years to 2 years in respect of acquisition cost of intellectual property rights for Media & Digital Entertainment (MDE) content incurred by an approved MDE company or partnership, subject to conditions. |
Excerpt from Budget Speech Annex |
| Extension and Enhancement of Withholding Tax Exemption for Maritime Industry | Under the Block Transfer Scheme (BTS), WHT exemption can be granted in respect of interest payable on a loan taken by a shipping enterprise from a lender outside Singapore to acquire a Singapore-flagged ship. This WHT exemption is for ships registered with the Singapore Registry of Ships (SRS) on any date from 1 Jan 2009 to 31 Dec 2013. |
Excerpt from Budget Speech Annex |
| Enhancement of Fund Management Incentive Scheme | Existing fund management incentive schemes under sections 13C, 13CA and 13R will be enhanced by introducing an enhanced tier. The enhanced tier is open to fund vehicles in the form of companies, trusts and limited partnerships. |
Excerpt from Budget Speech Annex |
| Enhancement of the List of Specified Income and Designated Investment for Certain Tax Incentive Schemes | The tax exemption schemes for foreign investors and qualifying resident funds, tax incentive schemes for approved trustee companies and financial sector incentive companies are enhanced by expanding the list of specified income and designated investment. |
Excerpt from Budget Speech Annex |
| Review and Enhancement to Current FSI-HQ Scheme | A series of enhancements will be made to the FSI-HQ scheme. | Excerpt from Budget Speech Annex |
| Extension and Enhancement for the Commodity Derivatives Trading(CDT) Scheme | A series of enhancements will be made to the CDT scheme. | Excerpt from Budget Speech Annex |
| Extension of Tax Deduction for Provisions Made under MAS Notices | The tax deduction for collective impairment provisions made by banks, merchant banks or finance companies under MAS Notices 612, 811 and 1005 will be extended for a further 3 years, subject to conditions. | Excerpt from Budget Speech Annex |
| Tax Exemption of Foreign - Sourced Income Received in Singapore | Resident non-individuals and resident partners of partnerships in Singapore will enjoy tax exemption on all foreign-sourced income that was earned/ accrued on or before 21 Jan 2009 and remitted to Singapore during the period from 22 Jan 2009 to 21 Jan 2010 (both dates inclusive). |
Excerpt from Budget Speech Annex Related Information Exemption of foreign sourced income for companies |
| Enhancement of tax deduction on donation | Tax deduction will be increased for donations made in 2009 to Institutions of a Public Character and other approved recipients (such as approved museums, prescribed schools etc.) from double to 2.5 times. |
Extracted from IRAS
Updated Aug 2009
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Tax Changes |
Summary |
FAQ/Related Information |
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Changes to the GST treatment of aircraft and aircraft related supplies |
The following GST changes will take effect from 1 Apr 2009:
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Changes to the GST treatment of aircraft and aircraft related supplies |
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Suspension of GST on goods temporarily removed from Zero GST or Licensed Warehouse for Auctions and Exhibitions |
With effect from 1 Apr 2009, GST will be suspended on the following:
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Recovery of GST for qualifying funds |
Qualifying funds managed by prescribed fund managers will be allowed to recover a substantial portion of the GST incurred on prescribed expenses incurred from 22 Jan 2009 to 31 Mar 2014 (both dates inclusive).
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Extracted from IRAS
Updated Aug 2009
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Tax Changes |
Summary |
FAQ/Related Information |
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Personal Income Tax Rebate for Resident Individuals |
All resident individual taxpayer will be given a one-off income tax rebate of 20%, up to a cap of $2,000, for the tax payable for Year of Assessment (YA) 2009. |
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Flexible GIRO arrangements |
Taxpayers* who have lost their jobs in 2008 or 2009, for example due to retrenchment, can approach IRAS to re-work their GIRO instalment plans (up to a maximum of 24- month instalments) for tax assessed in YA 2009. Please call 1800 356 8300 for assistance. |
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Removal of Income Tax on Net Annual Value |
Income tax on net annual value of all residential properties will be removed from YA2010. |
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Tax Exemption of Foreign - Sourced Income Received in Singapore |
Tax exemption will be granted to all foreign-sourced income earned/ accrued outside Singapore on or before 21 Jan 2009 to resident non-individuals and resident partners of partnerships in Singapore and received in Singapore during the period from 22 Jan 2009 to 21 Jan 2010. |
Extract from the Budget Speech Annex |
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Enhancement of tax deduction on donation |
Tax deduction will be increased for donations made in 2009 to Institutions of a Public Character and other approved recipients (such as approved museums, prescribed schools etc.) from double to 2.5 times. |
Extracted from IRAS
Updated Aug 2009
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Tax Changes |
Summary |
FAQ/ Related Information |
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40% Property Tax Rebate for Owner-Occupied Residential Properties |
Owner-occupied residential properties will be granted a rebate of 40% on the property tax payable (after existing rebates) for calendar year 2009. |
e-Tax Guide on Property Tax Rebate ( Residential)
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40% Property Tax Rebate for Commercial and Industrial Properties |
Owners of commercial and industrial properties will be granted a rebate of 40% on the property tax payable for calendar year 2009. |
e-Tax Guide on Property Tax Rebate (Commercial and Industrial)
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Property Tax Deferral for Land Approved For Development for Businesses |
Business owners may apply for property tax deferral for land approved for development if they satisfy the eligibility criteria. The period of the property tax deferral shall be from 22 Jan 2009 to 21 Jan 2011. |
e-Tax Guide on Property Tax Deferral |
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Deferment of Increase in Assessment Rate for Hotel Rooms |
The increase in rate from 20% to 25% of gross room receipts with effect from 1 January 2009 will be deferred for 1 year. The rate for 2009 will remain at 20% of gross room receipts.
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Extracted from IRAS
Updated Aug 2009
In general, the following should be performed before the start of the new financial year’s accounts:
Review and Interpretation of Financial Statements
Income
Expenditure
Caution:
Expenditure list should NOT include
Updated January 2006
BMSMA 2004, S45(1) of the Act states that “the books and accounts of the Management Corporation in respect of each financial year of the management corporation shall be audited”
Insight of what an auditor looks for when examining the accounts of an MCST
Necessary documentation required for an annual audit
Fees
Generally, fees are charged on time based or pre-agreed base on number of units and kind of project. Generally, commercial is higher than the residential because
the issues are more complex.
Materiality Concept
Materiality is a relative factor, and any decision to set a materiality limit will require a “base” factor to be selected.
Basically, do not worry too much about “small things”! We do not want to waste resources checking why telephone expenses increased from $135 to $150.
Instead, we would require an explanation on why utilities have increased from $25,000 to $35,000 – was there a leaking pipe during the year ?
Then again, this applies only to “normal MCSTs” – other council members may want to question everything under the sun!
Management Letters
This is the result of our review of the financial statements and deriving some comments and recommendation for improvements.
Our review is not solely for the purpose of detecting fraud but is a “by-product” of our audit. We therefore cannot guarantee that our audit has uncovered all weaknesses or fraud.
The following are typical comments:
Pre-formation of Management Corporation
When a development has more than 4 units and more than 2 purchasers, S16 (1) provides that the developer shall establish a maintenance fund when the TOP is issued by the Commissioner of Building Control under the Building Control Act Section 21.
Section 16 (2) provides that the maintenance fund is solely and exclusively used for:
Moneys in any maintenance fund established shall be deposited only with a licensed bank.
Section 17 states that the developer shall:
Where any purchaser fails to pay maintenance fees within 28 days of the written demand served, shall constitute a debt owing to the developer and recoverable in any court of competent jurisdiction or in the Small Claims Tribunal as if the amounts are payable under a contract for the provisional of services. (S22 (1))
Post-formation of Management Corporation (S23 & (5))
Used solely and exclusively for
Developer's Duties ( S10 (5))
Post-formation Of Management Corporation (S9(4) &(5))
Section 23 (1) implies that when a Management Corporation is constituted, the developer shall:
Updated January 2006
Definition
The management corporation is constituted by virtue of the Land Titles (Strata) Act (Cap.158). In relation to any one or more subdivided buildings shown on a strata title plan, means the management Corporation incorporated for buildings under part IV or pursuant to any corresponding written law
Powers (S 29, 30, 31 and 38)
Duties (S 29)
Audit of accounts of Management Corporation (S 45)
Statutory Restrictions on Powers (S 49)
Updated January 2006
Meetings of Management Corporation (S 26)
Within 1 month of the expiry of the initial period or within 6 weeks of the receipt of a request in writing mode by Subsidiary Proprietor of not less than 10% of total number of lots in the subdivided building, the proprietor shall convene a meeting of Management Corporation
The agenda for the meeting shall consist of:
Annual General Meeting (S 27)
Extraordinary General Meeting (1st Schedule, S 14))
Updated January 2006
Management Fund (S39 (1))
Sinking Fund (S39 (2))
Generally, excluding urgent Repair and Maintenance expenditure, all income and expenditure are pre-determined. This means that Management Fund rate is fixed and contractual expenses are known.
Management Corporation, together with Managing Agent has to work out an operation budget for Management of Funds.
If MCST does not pay major contractors on upon due and payable, expenses will be accrued as liability. In this situation, MCST will show a handsome cash balance in bank.
Therefore, large bank and or Fixed deposit balances do not always reflect the true position of the MCST unless read in conjunction with the liability accounts.
A management corporation shall not disburse any money
Investment of surplus funds
Common Errors in MCST Accounting
Cautions
Updated January 2006
Updated January 2006
Definition
The council (S53(1))
Duties
For detailed duties and responsibilities of the chairperson, secretary and treasurer of council, refer to BMSMA 2004 S(55), S(56), S(57).
Vacation of office (LTSA 61)
A member of council shall vacate his office as such member if:
Updated January 2006
Management corporation may by resolution passed at a General Meeting, appoint a managing agent, and may by instrument in writing, delegate to him all its powers, duties and functions.
Managing Agent hold office until the conclusion of the next Annual General Meeting.
For more details on accounting and audit consideration
Damage Policy (S69)
A contract of insurance providing in the event of the subdivided building for:
Workmen’s Compensation Policy (S 71 (1a))
Covers workers employed by the Management Corporation e.g. gardener, cleaners and tradesmen
Public Liability Policy (S 71 (1b))
Covers against damage to property, death or body injury occurred on common property
Subsidiary Proprietor Insurance (S 71 (1c))
Covers against possibility of subsidiary proprietor becoming jointly liable by means of a claim arising in respect of any other occurrence against which the Management Corporation pursuant to a Special Resolution, decides to insure
Errors and Ommission Insurance (S 71 (7))
Where an insurer of a Management corporation admits a claim by the Management Corporation based on an act or omission by a Subsidiary Proprietor who is a member of the Management Corporation, the insurer shall not have a right of subrogation in relation to the Subsidiary Proprietor based on that act or omission unless it was proved that the act or omission is willful.
Updated January 2006
GST registration form can be download from the www.iras.gov.sg
Ordinary Resolutions
Special Resolution
Unanimous Resolution
A. Sweeping reforms for condo laws,
Source: The Straits Times - 11 February 2003
The new Building and Construction Authority (BCA) guidelines aim to ensure that a property owner who owes his building's management corporation massive amounts of money is not allowed to sit on its management council (MC). The proposals have been drawn up to prevent a repeat of the People's Park Centre fiasco
It also aims to review issues relating to proxy votes in management committees. If enacted, the changes will affect about 2,700 MCs here.
The key proposals offered in the discussion paper relate to the People's Park Centre case and they include :
Debarring members in arrears from standing from election to the management council;
Preventing a subsidiary proprietor from being appointed as the managing agent; and
Reviewing the committee structure in mixed-use developments like People's Park Centre, which had residential, office and retail units all under one roof.
However, one major bone of contention so far : That managing agents have been allowed to canvass proxy votes.
Some owners are opposed to the system of allowing proxy voting as they have personally experienced a situation during an AGM where a small number of truly concerned owners turned up, only to find that the MC has garnered enough votes when it's against the house.
Some industry players have also suggested that the BCA look into the appointment of independent directors to MCs in order to ensure professional standards are maintained.
Professionals like accountants and lawyers have no vested interests but have their professional standing to protect. When something is amiss they will serve as whistle-blowers.
The final draft of the Act is expected to be debated in Parliament by the end of the year.
B. Management Corporation to Return $370,000,
Source: The Straits Times - 7 March 2002
The MC of People's Park Complex had asked De Beers Jewellery, a property firm for $370,000 to upgrade three existing lifts and other upgrading works. But under the law, the MCST had no right to ask the money. The chief justice said that MC, when it asked for such payments, had acted beyond its powers as stated in LTSA, it had no authority to impose contributions that are to pay for getting approval to do conversion work.
So, the High Court ordered the MC to return the money De Beers Jewellery.
C. The Saga of the Water Contamination at Bukit Timah Plaza,
Source: The Strait Times - 24 August 2000
The Bukit Timah Plaza Management Corporation, which appointed an Managing Agent to manage its more than 25 years old building, failed to do an annual inspection of the water tanks and tests on the water itself, as required by the PUB. The PUB & ENV had conducted their investigations showed that the MCST had "grossly neglected its duty" to maintain the complex's water supply and internal sewage-piping systems.
After it happened, there was heated debate between the MCST and the MA over who should be held responsible.
MC council members argue that they are volunteers who have no technical expertise. MA should be held accountable if anything goes wrong, because they are the experts.
But MA claims, in turn, that although they are responsible for the day-to-day maintenance of buildings, their hands are often tied when it comes to major improvement and upgrading works. These require the MC's approval.
While the duties of managing the property can be vested in a MA, it can't seek to avoid legal responsibility. Perhaps what MC can do is to seek recovery or indemnity from the MA if it faces any legal action, commented by legal profession practised construction litigation.
The Management Corporation faces a maximum fine of $40,000, or a three months jail term, or both, if convicted.
The Bukit Timah Plaza affair has highlighted the importance of building maintenance as well as the duties and liabilities of MCST and their MA.
Subsequently, AMCIS was formed aimed to assist MCs to improve and upgrade the standard of management of properties. The Association of Property and Facility Managers (APFM) jointly developed with Spring a "Technical Reference on Performance of MA of Private Sector Residential", and Ministry of Law is reviewing the LTSA, together with the relevant authorities and the industry.
D. Developers Have No Duty To Collect Maintenance Charges Under Sections 9 and 10 Of The Buildings And Common Property (Maintenance And Management) Act.
MCST No 1955 v HPL Properties Pte Ltd
MC Suit No 12239 of 2000/T (unreported)
IN MCST No 1955 v HPL Properties Pte Ltd, the Singapore District Court gave a useful judgment on the interpretation of s9 and s10 of the Buildings and Common Property (Maintenance and Management) Act (the "BCPMA") and defined the duty of developers to collect maintenance fund for sold and unsold units in condominium housing development projects.
Accordingly, the court accepted the defendant's submission that the developer's liability to start paying maintenance fees for the unsold units to the maintenance fund arose at the same time as that of the sold units, and not from the TOP date.
| S.No | Circumstances | BMSMA Section | Maximum | Maximum Continuing Offence |
Persons Liable |
| 1 | Failure to hold 1st AGM | 26(9) | $5000 | $100 Per Day | Developer |
| 2 | Failure to hand over documents, plans etc at 1st AGM |
26(9) | $5000 | $100 Per Day | Developer |
| 3 | Failure to disclose interests | 60 | $5000or 1 yr imprison | Council Member | |
| 4 | Using position to gain advantage | 61(3) | $5000 or 1 yr imprison or both |
Any Person | |
| 5 | Failure to pay contributions | 40(10) | $10 000 | $100 Per Day | Owner |
| 6 | Obstructing MC in carrying out repair works |
31(2) | Any Person | ||
| 7 | Disobeying Strata Titles Board's summon | 96(2) | $5000 or 2 yrs imprison or both |
Any Person | |
| 8 | Contravening Strata Titles Board's order | 120(2) | $10 000 or 5 yrs imprison or both |
Any Person | |
| 9 | Supply of false or misleading information to Commissioner | 127(3) | $5, 000 or 6 months imprison or both |
Any Person | |
| 10 | Other offences not specified | 128 | $3000 | Any Person |
Pre-MCST Constituted – Developer to establish Maintenance Fund Account
Necessary documentation required for an annual audit
MCST Formation
Annual General Meetings (“AGM”)
Necessary documentation required for an annual audit
Fees
Appointment of auditors
Relevant Links
Perculiarity of MCST enviroment -
Efficient and proven accounting system -
MC has it peculiarity in operation. One specific requirement is to generate recurring interest monthly for arrear of payment after 30 days, and some estate has even applied two tier of interest charge for overdue accounts after specific period, which made it even more complicated to maintain its software.
System also must be able to churn out all Interest Charge Journal showing specifically the late payment invoices and number of days charged.
An efficient system would save a lot of manpower in maintaining the accounts systematically and remotely.
Competent and responsible accounting staffs -
Data entry staff does not have to be qualified but familiar with the MC accounting function. However, competent supervisor is required to oversee the work done by entry staff is accordance to expectations. Recurring billings, late payment interest charge, month end adjustment on expired expenses; depreciation and FD interest income, read minutes and coordinate with management staffs to ensure events or matters affected the accounting transactions resolved by the management council and in AGM & EOGM are taken into accounts.
A good internal control system is required to ensure that cash transactions are duly taken in, internal audit may be required to carry spot check of petty cash and ensure record is properly maintained.
Monthly or periodically analytical review of transactions to detect expenses posting errors is required, the common error is the wrong posting of expenditure between MF & SF account.
When taking over project -
Do a financial review of account in details rather than standard audit. Transfer of balances must be reconciled with the accounts taken over, report to Management Council what course of action shall take for those accounts are ‘in suspense’. Such as all kind of refundable deposits are keeping the accounts for years, conduct stock take of all fixed assets to reconcile with items shown in accounts etc …… This exercise will ensure that the MC accounts will be cleaned up not withstanding the change of MA.
For commercial projects that generated car park and other income, review the tax assessed vs tax computations to ensure that tax is charged correctly. I propose MA to take up this proposal to protect their interest. MA can be sued if they do not exercise their professional care.
As auditors in the past 25 years, I have observed most of the MCs have overlooked this area and underestimate the complexity of this aspect. The result is paying excessive tax based on the gross income rather than the net chargeable income; overlook some of the deductible expenses not claim. Generally, not all auditors are familiar with tax in MC environment and even those have the knowledge, if they are not engaged to perform tax review and services in additional to their audit engagement, they will not be providing the extra service.
I have seen wrong tax computation made by auditors resulted the MCST has underprovided huge amount of tax in the last 6 years. Once the taxman is ‘awaken’, additional tax assessments will be revised and MC is required to pay within 30 days.
Common Errors in the accounts -
Accounting data control -
Accounting data is perpetual and most important record of any organisation, notwithstanding the change of MA, the system should be in place and should not be changed when MA is changed. I suggest all the accredited MAs should work together to design a good software system and enter into a contract to allow data to be transferred amongst the MA when the project changes hand.
MAs or its association can join hand to develop a more comprehensive internet based system not only to provide basic accounting information, also full maintenance history and allow members to log on to check their account balance remotely. If this is achievable, it would save cost and give a lot of convenience for SP to pay their due on time. We are in the 21st century and the trend is moving towards paperless and transactions are more and more done electronically, we should take the challenge to do it now.
Accounting Services bureau -
Accounting firms can join hand to run an accounting service bureau to serve the MAs and MCs, competent CPAs to run the show would be a better choice and fair to SP. MAs are good in managing the estate, should spend more time in upgrading the value of the estate and serve the interest of the SP rather than accounting.
Plight of Auditor -
Taxation -
Failure to make sufficient provision resulted MC does not have enough reserve to pay back log tax liability
MC fail to pay tax consultancy fee resulted tax planning is not done, excessive tax is paid
Auditional Audit Coverage-
Summary of a good control system-
Updated January 2006