Findings from a recent claims study conducted by the CAMICO Mutual Insurance Company
indicate that well over half of all claims reported by CPAs that are insured
by the firm stem from tax engagements.
The study, conducted in October, included the claims experience of all of the
insurer’s nearly 7,000 policyholder firms in 44 states, focusing on the
major causes and types of claims incurred by CPAs nationally.
According to CAMICO, the second largest provider of professional liability
insurance for CPAs in the United States, tax was identified as the most frequent
type of claim and largest total of claim dollars for two principal reasons: complexity
and continual change in the tax code; and issues regarding the engagement between
CPAs and their clients.
"The technical nature of this area of taxation places most of the burden
for decision-making on the CPA," observed Ron Klein, vice president of
Claims for CAMICO.
"There is usually a limit to how much the CPA can ask the client to decide
in technical tax issues. It’s much like a patient seeing a doctor about
a serious, complex medical condition; the problem and treatment are so critical
that the patient will ultimately go with the treatment the doctor recommends,"
Mr Klein explained.
Technical income tax issues are the primary area of loss, according to the study.
S and C corporation elections are the next most risky, followed
by estate planning.
In addition to taxation, other areas identified as high risk by the study included
financial statements, investment fraud and defalcation.
Financial statements involving audits, third-party creditors, and occupational
fraud are the second highest area of liability risk and usually lead to the
greatest financial loss per incident.
The third most frequent area of claims involves investment fraud including
accounting services such as reviews, audits, tax and investment advice. Such
incidents also lead to heavy financial losses.
Another area causing high losses is embezzlement by client employees, or occupational
fraud, which costs US businesses more than $6 billion each year. Defalcation
involves a variety of engagement types including all accounting services ranging
from bank reconciliation services to audits as well as tax engagements.
According to Klein, CPAs can limit their exposure to claims liability by exercising
"professional skepticism".
"Exercising skepticism goes hand-in-hand with the CPA’s ability
to detect fraud and to advise and warn clients of weaknesses in their systems
of financial control," he noted.