Action Alert No. 08-41
October 9, 2008

NOTICE OF MEETINGS

OPEN BOARD MEETING
(Board meetings are available by audio webcast and telephone.)

Wednesday, October 15, 2008, 9:00 a.m.

  1. Applicability of FASB Interpretation No. 48 to private entities (estimated 1-hour discussion). The Board will discuss comments received about the operationality of deferring FASB Interpretation 48, Accounting for Uncertainty in Income Taxes, for certain nonpublic enterprises. Previously, the Board decided to defer the Interpretation for nonpublic pass-through entities based on their federal income tax status. The Board will discuss comments received on that approach and on difficulties in its application.

  2. Open discussion. If necessary, the Board will allow time to discuss minor issues with staff members on technical projects or administrative matters. Those discussions are held following regular Board meetings as topics come up.

OPEN EDUCATION SESSION

Wednesday, October 15, 2008, (following the Board meeting, if necessary)

The Board will hold an educational, non-decision-making session to discuss topics that are anticipated to be discussed at a future Board meeting. Those topics will be posted to the FASB calendar four days prior to the education session.

BOARD ACTIONS

The Board Actions are provided for the information and convenience of constituents who want to follow the Board’s deliberations. All of the conclusions reported are tentative and may be changed at future Board meetings. Decisions are included in an Exposure Draft for formal comment only after a formal written ballot. Decisions in an Exposure Draft may be (and often are) changed in redeliberations based on information provided to the Board in comment letters, at public roundtable discussions, and through other communication channels. Decisions become final only after a formal written ballot to issue a final Statement, Interpretation, FSP, or Statement 133 Implementation Issue.

October 1, 2008 Board Meeting

Applicability of FASB Interpretation No. 48 to private entities. The Board redeliberated the applicability of FASB Interpretation No. 48, Accounting for Uncertainty in Income Taxes, to private companies. The Board reached the following decisions on the proposed issuance of one or more FASB Staff Positions (FSPs) on Interpretation 48:

  1. Scope of Interpretation 48. The Board decided to retain the current scope of Interpretation 48; therefore, it still applies to all entities, public and private, including pass-through entities and not-for-profit organizations.

  2. Guidance for Pass-Through Entities. The Board decided to develop application guidance for pass-through entities.

  3. Deferral for Pass-Through Entities. The Board decided on a one-year deferral of Interpretation 48 for all private pass-through entities based on the entity’s federal income tax status. The Board directed the staff to determine whether the proposed scope of the deferral is viable and will not create unintended consequences.

  4. Disclosure Requirements of Interpretation 48. The Board decided to exempt private companies from the disclosure requirements of paragraphs 21(a) and 21(b) of Interpretation 48. The Board agreed that private companies should not be exempt from the other disclosure requirements of that Interpretation.

  5. Issuance of FASB Staff Positions. The Board expects to issue three proposed FSPs on Interpretation 48.

    1. The Board directed the staff to proceed to a draft of a proposed FSP on the deferral of Interpretation 48 for certain private entities (see item 3 above). That proposed FSP would include a request for comments on issues that private pass-through entities have encountered related to Interpretation 48.

    2. The Board directed the staff to proceed to a draft of a second proposed FSP on the applicability to private entities of certain disclosures required by Interpretation 48 (see item 4 above).

    3. The Board anticipates that a third proposed FSP will be drafted to provide guidance on the application of Interpretation 48 to pass-through entities. This proposed FSP will incorporate comments received from the proposed FSP discussed in item 5(a) above.

Agenda decision—Determining fair value in a market that is not active. The FASB chairman announced that the rules of procedure governing the length of comment periods have been temporarily modified to allow a window of time within which the FASB can act, in the best interest of investors and the capital markets, to provide needed guidance.

As part of its discussions on a draft of proposed FSP FAS 157-d, Determining the Fair Value of a Financial Asset in a Market That Is Not Active, the Board agreed that the additional guidance afforded by this FSP is needed to aid practitioners in estimating the fair value of assets in markets that are not active via application of the principles contained in FASB Statement No. 157, Fair Value Measurements. The Board agreed to make proposed FSP FAS 157-d effective upon issuance; if the proposed FSP is finalized in time, entities with a calendar year-end would apply the guidance in their third-quarter financial statements.

In addition, the Board decided that the following transition guidance should be provided in the proposed FSP:

  1. Any changes in fair value would be included in an entity’s financial results; for example, entities with a calendar year-end would include any changes in fair value in their third-quarter results.

  2. Retrospective application of the guidance to prior periods would be prohibited.

The comment period for proposed FSP FAS 157-d will end on October 9, 2008. The Board plans to discuss comments received on the proposed FSP, and any additional matters, at the October 10, 2008 Board meeting.

FASB DOCUMENTS AVAILABLE

The following exposure documents were issued and are available on the FASB website:

Proposed FSP FAS 157-d, Determining the Fair Value of a Financial Asset in a Market That Is Not Active (October 3, 2008). Comments are requested by October 9, 2008.

Proposed Statement, Going Concern (October 9, 2008). Comments are requested by December 8, 2008.

Proposed Statement, Subsequent Events (October 9, 2008). Comments are requested by December 8, 2008.

FUTURE OPEN MEETINGS

The following is a list of open meetings tentatively scheduled through November. Because schedules may change, please check the FASB calendar before finalizing your plans. Revisions to this list since the last issue of Action Alert are highlighted in bold.

Monday, October 20, 2008—FASB/IASB Joint Board Meeting, Norwalk, CT
Tuesday, October 21, 2008—FASB/IASB Joint Board Meeting, Norwalk, CT
Wednesday, October 22, 2008—FASB Education Session
Wednesday, October 29, 2008—FASB Board Meeting
Wednesday, October 29, 2008—FASB Education Session
Wednesday, November 5, 2008—FASB Board Meeting
Wednesday, November 5, 2008—FASB Education Session
Tuesday, November 11, 2008—Investors Technical Advisory Committee Meeting
Wednesday, November 12, 2008—FASB Board Meeting
Wednesday, November 12, 2008—Emerging Issues Task Force Meeting (Canceled)
Thursday, November 13, 2008—Emerging Issues Task Force Meeting
Wednesday, November 19, 2008—FASB Board Meeting
Wednesday, November 19, 2008—FASB Education Session
Tuesday, November 25, 2008—FASB Board Meeting
Tuesday, November 25, 2008—FASB Education Session