agency-accy•Wis. Admin. Code Accy — Accounting Examining Board
Wis. Admin. Code Accy — Accounting Examining Board
agency-accyWis. Admin. Code AccyRegulation
Chapter Accy 1 RULES OF CONDUCT
Subchapter I Applicability and Definitions
Wis. Admin. Code § Accy 1.001 Applicability of rules of conduct to certified public accountants {#sec-accy-1.001 omnilex-key=us-wi-regs-official--agency-accy--Accy 1.001}
(1) Chapters Accy 1 to 6 apply to a person who practices as a certified public accountant in this state.
(2) A certified public accountant may be held responsible for compliance with the rules of the board by any person associated with the certified public accountant in a firm who is either under his or her supervision or is a member of the firm.
(3) A certified public accountant shall not permit others to carry out acts on the accountant’s behalf, either with or without compensation, which, if carried out by the certified public accountant, would violate chs. Accy 1 to 6.
History
- Cr. Register, June, 1974, No. 222, eff. 7-1-74; correction made under s. 13.93 (2m) (b) 1., Stats., Register, March, 1993, No. 447; CR 03-071: r. and recr. Register May 2004 No. 581, eff. 6-1-04; 2015 Wis. Act 217: am. Register May 2016 No. 725, eff. 6-1-16.
Wis. Admin. Code § Accy 1.002 Applicability of rules of conduct to certified public accountants who have a significant influence over a CPA-related business or who advertise as a CPA {#sec-accy-1.002 omnilex-key=us-wi-regs-official--agency-accy--Accy 1.002}
(1) A person licensed as a certified public accountant that has significant influence over a CPA-related business is considered to be practicing as a certified public accountant in the CPA-related business and all persons with ownership interest in the business shall follow the rules of the board in the operation of the CPA-related business.
(2) A person who operates a business and is licensed as a certified public accountant and who advertises or otherwise holds out as a certified public accountant shall follow the rules of the board in the operation of any business.
History
- Cr. Register, June, 1982, No. 318, eff. 7-1-82; CR 03-071: r. and recr. Register May 2004 No. 581, eff. 6-1-04; 2015 Wis. Act 217: am. Register May 2016 No. 725, eff. 6-1-16.
Wis. Admin. Code § Accy 1.003 Definitions {#sec-accy-1.003 omnilex-key=us-wi-regs-official--agency-accy--Accy 1.003}
As used in chs. Accy 1 to 6:
(1) “Attest service” means any of the following, if performed or intended to be performed in accordance with the statements incorporated under s. Accy 1.205:
(a) An audit or any other engagement.
(b) A review or compilation of a financial statement.
(c) An examination of prospective financial information.
(2) “Audit” means an examination of financial statements of a person by a certified public accountant, conducted in accordance with generally accepted auditing standards, to determine whether, in the opinion of the certified public accountant, the statements conform with generally accepted accounting principles or, if applicable, with another comprehensive basis of accounting.
(2m) “Board” means the accounting examining board.
(2r) “Certified public accountant” or “CPA” means a person considered to be in practice as a certified public accountant under s. 442.02, Stats.
(3) “Commission” means compensation, except a referral fee, for recommending or referring any product or service to be supplied by another person.
(4) “Compilation of a financial statement” means a presentation of information in the form of a financial statement that is the representation of any other person without the undertaking of the certified public accountant to express any assurance on the statement.
(5) “Contingent fee” means a fee established for the performance of any service according to an arrangement in which no fee will be charged unless a specified finding or result is attained, or in which the amount of the fee is otherwise dependent upon the finding or result of such service.
(6) “CPA-related business” means a business that performs for clients any of the professional services related to accounting, tax, personal financial planning, or litigation support services or those services for which standards are established relating to audits, compilations and reviews of financial statements and examinations or compilations of prospective financial information.
(7) “Examination of prospective financial information” means an evaluation by a certified public accountant of a forecast or projection, the support underlying the assumptions in the forecast or projection, whether the presentation of the forecast or projection is in conformity with professional presentation guidelines, or, whether the assumptions in the forecast or projection provide a reasonable basis for the forecast or projection.
(7m) “Financial statements” means statements and footnotes related thereto that undertake to present an actual or anticipated financial position as of a point in time, or results of operations, cash flow, or changes in financial position for a period of time, in conformity with generally accepted accounting principles or another comprehensive basis of accounting. “Financial statements” does not include incidental financial data included in management advisory service reports to support recommendations to a client; nor does it include tax returns and supporting schedules.
(8) “Firm” means a proprietorship, partnership, limited liability partnership, corporation, service corporation, or limited liability company.
(9) “Forecast” means a prospective financial statement that presents, to the best of the responsible party’s knowledge and belief, an entity’s expected financial position, results of operations, and changes in financial position or cash flows that are based on the responsible party’s assumptions reflecting conditions it expects to exist and the course of action it expects to take.
(10) “Member of a firm” means a director, manager, employee, officer, owner, shareholder, principal, or partner of a firm.
(11) “Person” means any natural person, firm, association, or other legal entity.
(12) “Projection” means a prospective financial statement that presents, to the best of the responsible party’s knowledge and belief, given one or more hypothetical assumptions, an entity’s expected financial position, results of operations, and changes in financial position or cash flows that are based on the responsible party’s assumptions reflecting conditions it expects would exist and the course of action it expects would be taken given such hypothetical assumptions.
(13) “Referral fee” means compensation for recommending or referring any service of a certified public accountant to any person.
(14) “Review” means to perform an inquiry and analytical procedures that permit a certified public accountant to determine whether there is a reasonable basis for expressing limited assurance that there are no material modifications that should be made to financial statements in order for them to be in conformity with generally accepted accounting principles or, if applicable, with another comprehensive basis of accounting.
(15) “Significant influence” means the ability of an investor to exercise significant influence over operating and financial policies of an investee. The extent of ownership is not conclusive. Direct or indirect ownership of 20% or more of an investee creates a presumption that the investor has significant influence in an investee. Ownership of less than 20% of a CPA-related business creates a presumption that the certified public accountant does not have significant influence in the CPA-related business. An ability to exercise significant influence may be indicated in several ways: representation on the board of directors, participation in policy making processes, material intercompany transactions, interchange of managerial personnel, technological dependency, and the extent of ownership by an investor in relation to the concentration of other shareholdings.
Note: Examples of indications that an investor may be unable to exercise significant influence over the operating and financial policies of an investee include:
(a) Opposition by the investee, such as litigation or complaints to government regulatory authorities, challenges the investor’s ability to exercise significant influence.
(b) The investor and investee sign an agreement under which the investor surrenders significant rights as a shareholder.
(c) Majority ownership of the investee is concentrated among a small group of shareholders who operate the investee without regard to the views of the investor.
(d) The investor needs or wants more financial information to apply the equity method than is available to the investee’s other shareholders, for example, the investor wants quarterly financial information from an investee that publicly reports only annually, tries to obtain that information, and fails.
(e) The investor tries and fails to obtain representation on the investee’s board of directors.
History
- CR 03-071: (2) to (5), (7), (9), and (11) to (14) renum. from Accy 1.302 (1) (b) to (k) and am. (2), (4), (7), (11), (13) and (14), cr. (intro.), (1), (6), (8), (10) and (15), Register May 2004 No. 581, eff. 6-1-04; 2013 Wis. Act 210: am. (1) Register April 2014 No. 700, eff. 5-1-14; 2015 Wis. Act 217: am. (intro.), cr. (2m), (2r), (7m) Register May 2016 No. 725, eff. 6-1-16.
Subchapter II Professional Conduct, Integrity, and Objectivity
Wis. Admin. Code § Accy 1.101 Professional conduct {#sec-accy-1.101 omnilex-key=us-wi-regs-official--agency-accy--Accy 1.101}
(1) The board adopts by reference the “Code of Professional Conduct” published by the American Institute of Certified Public Accountants, effective as of December 15, 2014, except that references to “member” are replaced by “a person licensed to practice as a certified public accountant.”
(2) All definitions included in the American Institute of Certified Public Accountants’ Code of Professional Conduct shall apply only within that document.
Note: The AICPA Code of Professional Conduct is available electronically at http://pub.aicpa.org/codeofconduct/Ethics.aspx or may be obtained from:
American Institute of Certified Public Accountants
1211 Avenue of the Americas
New York, NY 10036-8775
History
- Cr. Register, June, 1974, No. 222, eff. 7-1-74; cr. (2), Register, December, 1974, No. 228, eff. 1-1-75; cr. (2) (d), Register, February, 1976, No. 242, eff. 4-1-76; cr. (2) (e), Register, January, 1977, No. 253, eff. 3-1-77; r. and recr. (1) and cr. (2) (f), Register, July, 1979, No. 283, eff. 9-1-79; r. and recr. (2) (a), am. (2) (d) 2. intro. and d., cr. (2) (g), Register, July, 1980, No. 295, eff. 8-1-80; corrections made under s. 13.93 (2m) (b) 1. and 5., Stats., Register, March, 1993, No. 447; CR 02-120: r. and recr. Register November 2003 No. 575, eff. 12-1-03; 2013 Wis. Act 210: am. Register April 2014 No. 700, eff. 5-1-14; 2015 Wis. Act 217: r. and recr. Register May 2016 No. 725, eff. 6-1-16.
Wis. Admin. Code § Accy 1.102 Integrity and objectivity {#sec-accy-1.102 omnilex-key=us-wi-regs-official--agency-accy--Accy 1.102}
No person licensed to practice as a certified public accountant may do any of the following:
(1) Knowingly misrepresent facts.
(2) When engaged in the practice of public accounting, including the rendering of tax and management advisory services, subordinate his or her judgment to others.
History
- Cr. Register, June, 1974, No. 222, eff. 7-1-74; corrections made under s. 13.93 (2m) (b) 5., Stats., Register, March 1993, No. 447; CR 03-071: am. Register May 2004 No. 581, eff. 6-1-04; 2015 Wis. Act 217: renum. to (intro.), (1), (2) and am. Register May 2016 No. 725, eff. 6-1-16.
Subchapter III Competence and Technical Standards
Wis. Admin. Code § Accy 1.201 General standards {#sec-accy-1.201 omnilex-key=us-wi-regs-official--agency-accy--Accy 1.201}
(1) A person licensed to practice as a certified public accountant shall comply with all of the following general standards as interpreted by bodies designated by the American Institute of Certified Public Accountants Council, and must justify any departures therefrom:
(a) Professional competence. A certified public accountant shall undertake only those engagements which the certified public accountant or the firm can reasonably expect to complete with professional competence.
(b) Due professional care. A certified public accountant shall exercise due professional care in the performance of an engagement.
(c) Planning and supervision. A certified public accountant shall adequately plan and supervise an engagement.
(d) Sufficient relevant data. A certified public accountant shall obtain sufficient relative data to afford a reasonable basis for conclusions or recommendations in relation to an engagement.
(e) Forecasts. A certified public accountant shall not permit the certified public accountant’s name to be used in conjunction with any forecast of future transactions in a manner which may lead to the belief that the certified public accountant vouches for the achievability of the forecast. This paragraph does not prohibit a certified public accountant from preparing, or assisting a client in the preparation of, forecasts of the results of future transactions. When a certified public accountant’s name is associated with such forecasts, there shall be the presumption that such data may be used by parties other than the client. Therefore, full disclosure must be made of the sources of the information used and the major assumptions made in the preparation of the statements and analyses, and character of the work performed by the member, and the degree of the responsibility he or she is taking.
(2) Interpretations of s. Accy 1.201, not intended to be all-inclusive, are as follows:
(a) A certified public accountant who accepts a professional engagement implies that he or she has the necessary competence to complete the engagement according to professional standards, applying the certified public accountant’s knowledge and skill with reasonable care and diligence, but the certified public accountant does not assume a responsibility for infallibility of knowledge or judgment.
(b) Competence in the practice of public accounting involves both the technical qualifications of the certified public accountant and his or her staff and the ability to supervise and evaluate the quality of the work performed. Competence relates both to knowledge of the profession’s standards, techniques and the technical subject matter involved, and to the capability to exercise sound judgment in applying such knowledge to each engagement.
(c) The certified public accountant may have the knowledge required to complete an engagement professionally before undertaking it. In many cases, however, additional research or consultation with others may be necessary during the course of the engagement. This does not ordinarily represent a lack of competence, but rather is a normal part of the professional conduct of an engagement.
(d) However, if a certified public accountant is unable to gain sufficient competence through these means, he or she should suggest, in fairness to the client and the public, the engagement of someone competent to perform the needed service, either independently or as an associate.
History
- Cr. Register, June, 1974, No. 222, eff. 7-1-74; cr. (2), Register, December, 1974, No. 228, eff. 1-1-75; r. and recr. (1) and am. (2) (a), Register, July, 1979, No. 283, eff. 9-1-79; (1) (e) renum. from Accy 1.204 (2) and am., Register, July, 1980, No. 295, eff. 8-1-80; corrections made under s. 13.93 (2m) (b) 1., Stats., Register, March, 1993, No. 447; CR 03-071: am. (1) (intro.) to (d) and (2) (a) to (d), r. and recr. (1) (e) Register May 2004 No. 581, eff. 6-1-04; 2015 Wis. Act 217: am. (1) (intro.) Register May 2016 No. 725, eff. 6-1-16.
Wis. Admin. Code § Accy 1.202 Auditing standards {#sec-accy-1.202 omnilex-key=us-wi-regs-official--agency-accy--Accy 1.202}
A person licensed to practice as a certified public accountant shall not permit the certified public accountant’s name to be associated with financial statements in such a manner as to imply that the certified public accountant is acting as an independent public accountant unless the certified public accountant has complied with the applicable generally accepted auditing standards promulgated by the American Institute of Certified Public Accountants. Statements on auditing standards used by the American Institute of Certified Public Accountants auditing standards board are, for purposes of this chapter, considered to be interpretations of the generally accepted auditing standards, and departures from such statements must be justified by those who do not follow them.
History
- Cr. Register, June, 1974, No. 222, eff. 7-1-74; cr. (2), Register, February, 1976, No. 242, eff. 4-1-76; r. and recr. (1) Register, July, 1979, No. 283, eff. 9-1-79; CR 03-071: renum. (1) to be Accy 1.202 and am., r. (2) Register May 2004 No. 581, eff. 6-1-04; 2015 Wis. Act 217: am. Register May 2016 No. 725, eff. 6-1-16.
Wis. Admin. Code § Accy 1.203 Accounting principles {#sec-accy-1.203 omnilex-key=us-wi-regs-official--agency-accy--Accy 1.203}
No person licensed to practice as a certified public accountant shall express an opinion that financial statements are presented in conformity with generally accepted accounting principles if such statements contain any departure from an accounting principle promulgated by the body designated by the council of the American Institute of Certified Public Accountants to establish such principles which has a material effect on the statements taken as a whole, unless he or she can demonstrate that due to unusual circumstances the financial statements would otherwise have been misleading. In such cases the report must describe the departure, the approximate effects thereof, if practicable, and the reasons why compliance with the principle would result in a misleading statement.
History
- Cr. Register, June, 1974, No. 222, eff. 7-1-74; cr. (2), Register, December, 1974, No. 228, eff. 1-1-75; corrections made under s. 13.93 (2m) (b) 5., Stats., Register, March, 1993, No. 447; CR 03-071: renum. (1) to be Accy 1.203 and am., r. (2) Register May 2004 No. 581, eff. 6-1-04.
Wis. Admin. Code § Accy 1.204 Other technical standards {#sec-accy-1.204 omnilex-key=us-wi-regs-official--agency-accy--Accy 1.204}
A person licensed to practice as a certified public accountant shall comply with other technical standards promulgated by bodies designated by the American Institute of Certified Public Accountants Council to establish such standards, and departures must be justified by those who do not follow them.
History
- Cr. Register, June, 1974, No. 222, eff. 7-1-74; cr. (2), Register, December, 1974, No. 228, eff. 1-1-75; r. and recr. (1), Register, July, 1979, No. 283, eff. 9-1-79; renum. (2) to be Accy 1.201 (1) (e), Register, July, 1980, No. 295, eff. 8-1-80; CR 03-071: am. Register May 2004 No. 581, eff. 6-1-04.
Wis. Admin. Code § Accy 1.205 Standards for auditing, accounting and review services, and attestation engagements {#sec-accy-1.205 omnilex-key=us-wi-regs-official--agency-accy--Accy 1.205}
The standards of the accounting and auditing profession that certified public accountants in Wisconsin shall use are (1) the Statements on Auditing Standards, the Statements on Standards for Accounting and Review Services, and the Statements on Standards for Attestation Engagements, published as AICPA Professional Standards by the American Institute of Certified Public Accountants, Inc.; and (2) the auditing standards of the Public Company Accounting Oversight Board. All of those Statements and Standards are incorporated by reference into this section.
Note: Copies of the Statements described above may be purchased from the American Institute of Certified Public Accountants, 1211 Avenue of the Americas, New York, NY 10036-8775.
History
- CR 01-133: cr. Register October 2002 No. 562, eff. 11-1-02; CR 03-071: am. Register May 2004 No. 571, eff. 6-1-04; 2013 Wis. Act 210: consol. (intro.) to (3) and renum. Accy 1.205 and am. Register April 2014 No. 700, eff. 5-1-14.
Subchapter IV Responsibilities to Clients
Wis. Admin. Code § Accy 1.301 Confidential client information {#sec-accy-1.301 omnilex-key=us-wi-regs-official--agency-accy--Accy 1.301}
(1) No person licensed to practice as a certified public accountant shall disclose any confidential information obtained in the course of a professional engagement except with the consent of the client or through the due process of law.
(2) This rule shall not be construed:
(a) To relieve such a person of the obligations under ss. Accy 1.202 and 1.203.
(b) To affect in any way compliance with a validly issued subpoena or summons enforceable by order of a court,
(c) To prohibit review of such a person’s professional practices as a part of voluntary quality review under authorization of the American Institute of Certified Public Accountants or the Wisconsin Society of Certified Public Accountants, or
(d) To preclude a certified public accountant from responding to an inquiry made by the Professional Ethics Division of the American Institute of Certified Public Accountants, by the duly constituted investigative or disciplinary body of a state society of certified public accountants, or under any state statutes or the standards of the Securities and Exchange Commission or the Public Company Accounting Oversight Board.
(3) Members of the ethics division and trial board of the American Institute of Certified Public Accountants and professional practice reviewers under American Institute of Certified Public Accountants authorization, or their state society counterparts, shall not disclose any confidential client information which comes to their attention from such persons in disciplinary proceedings or otherwise in carrying out their official responsibilities. However, this prohibition shall not restrict the exchange of information with an aforementioned duly constituted investigative or disciplinary body.
(4) The prohibition in sub. (1) against disclosure of confidential information obtained in the course of a professional engagement does not apply to disclosure of such information when required to properly discharge the certified public accountant’s responsibility according to the profession’s standards. The prohibition would not apply, for example, to disclosure, as required by AU-C section 560 of Statement on Auditing Standards, regarding the subsequent discovery of facts existing at the date of the auditor’s report which would have affected the auditor’s report had the auditor been aware of such facts.
History
- Cr. Register, June, 1974, No. 222, eff. 7-1-74; cr. (4), Register, December, 1974, No. 228, eff. 1-1-75; corrections made under s. 13.93 (2m) (b) 5., Stats., Register, March, 1993, No. 447; CR 03-071: am. (1), (2) (a), (c), (d) and (3), cons. and renum. (4) (intro.) and (a) to be (4) and am. Register May 2004 No. 581, eff. 6-1-04; 2015 Wis. Act 217: am. (2) (d), (4) Register May 2016 No. 725, eff. 6-1-16.
Wis. Admin. Code § Accy 1.302 Contingent fees, commissions and referral fees {#sec-accy-1.302 omnilex-key=us-wi-regs-official--agency-accy--Accy 1.302}
(1) Contingent fees. Except as provided in sub. (2), a certified public accountant may charge a contingent fee provided the accountant and the client make a contingent fee agreement in writing, signed by the client, which states the method by which the fee is to be determined and describes all costs and expenses to be charged to the client. Upon conclusion of the contingent fee matter, the accountant shall provide the client with a written statement showing the fee and all the costs and expenses charged to the client.
(2) Certain contingent fees prohibited. No certified public accountant may receive a contingent fee from any person for whom the accountant performs attest services during the period of the attest services engagement or the period covered by any historical financial statements involved in the attest services.
(3) Commissions. Except as provided in sub. (4), a certified public accountant may receive a commission provided that at the time the referral or recommendation is made, the accountant informs the client in writing of the amount and reason for the commission.
(4) Certain commissions prohibited. No certified public accountant may receive a commission from any person for whom the accountant performs attest services, or may receive a commission for any products or services sold to any person for whom the accountant performs attest services, during the period of the attest services or the period covered by any historical financial statement involved in the attest services.
(5) Referral fees. No certified public accountant may receive a referral fee unless all of the following apply:
(a) The certified public accountant who accepts the referral fee discloses to the client, in writing, at the time the referral is made, the amount of and reason for the referral fee.
(b) The certified public accountant who pays the referral fee discloses to the client, in writing, within 30 days after the referral is made, the amount of and reason for the referral fee.
(6) Exceptions. This section shall not prohibit payments for the purchase of an accounting practice or retirement payments to individuals formerly engaged in the practice of public accounting or payments to their heirs or estates.
History
- Cr. Register, June, 1974, No. 222, eff. 7-1-74; r. and recr. Register, February, 1990, No. 410, eff. 3-1-90; CR 03-071: r. (1) (intro.) and (a), renum. (1) (b) to (k) to be Accy 1.003 (2) to (14), renum (2) to (7) to be (1) to (6) and am. (1) to (5), Register May 2004 No. 581, eff. 6-1-04; 2015 Wis. Act 217: am. (1), (3) Register May 2016 No. 725, eff. 6-1-16.
Subchapter V Other Responsibilities and Practices
Wis. Admin. Code § Accy 1.401 Acts discreditable {#sec-accy-1.401 omnilex-key=us-wi-regs-official--agency-accy--Accy 1.401}
(1) No person licensed to practice as a certified public accountant shall commit an act discreditable to the profession.
(2) Interpretations of this section, not intended to be all-inclusive, are as follows:
(a) Client’s records and accountant’s workpapers. A certified public accountant’s working papers are the property of the certified public accountant and need not be surrendered to the client. However, in some instances working papers will contain data that should properly be reflected in the client’s books and records but that for convenience have not been duplicated therein, with the result that the client’s records are incomplete. In such instances, the portion of the working papers containing such data constitutes part of the client’s records, and copies should be made available to the client upon request. If a certified public accountant is engaged to perform certain work for a client and the engagement is terminated prior to the completion of such work, the certified public accountant is required to return or furnish copies of only those records originally given to the certified public accountant by the client. Examples of working papers that are considered to be the client’s records would include all of the following:
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Worksheets in lieu of books of original entry (e.g., listings and distributions of cash receipts or cash disbursements on columnar working paper).
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Worksheets in lieu of general ledger or subsidiary ledgers, such as accounts receivable, job cost and equipment ledgers, or similar depreciation records.
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All adjusting and closing journal entries and supporting details. (If the supporting details are not fully set forth in the explanation of the journal entry, but are contained in analyses of accounts in the accountant’s working papers, then copies of such analyses must be furnished to the client.)
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Consolidating or combining journal entries and worksheets and supporting detail used in arriving at final figures incorporated in an end product such as financial statements or tax returns.
(b) Working papers. Any working papers developed by the certified public accountant incident to the performance of an engagement which do not result in changes to the client’s records or are not in themselves part of the records ordinarily maintained by such clients are considered to be solely “accountant’s working papers” and are not the property of the client. For example, the certified public accountant may make extensive analyses of inventory or other accounts as part of the selective audit procedures. Even if such analyses have been prepared by client personnel at the request of the certified public accountant, they nevertheless are considered to be part of the accountant’s working papers. Only to the extent such analyses result in changes to the client’s records would the certified public accountant be required to furnish the details from the working papers in support of the journal entries recording such changes, unless the journal entries themselves contain all necessary details.
(c) Duty discharged. Once the certified public accountant has returned the client’s records or furnished the copies of such records and necessary supporting data, the obligation has been discharged in this regard and it is not necessary to comply with any subsequent requests to again furnish such records.
(d) Copies to the client. If the certified public accountant has retained copies of a client’s records already in possession of the client, the certified public accountant is not required to return such copies to the client.
(e) Conviction of a crime. Conviction of a crime the circumstances of which substantially relate to the practice of accounting is an act discreditable to the profession in violation of this section. As enumerated below, the board shall act as follows:
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On conviction of a felony, the circumstances of which substantially relate to the practice of accounting the board will initiate charges in every instance.
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On conviction for willful failure to file an income tax return or another document that the certified public accountant as an individual is required by law to file, for filing a false or fraudulent income tax return or other document on his or her or a client’s behalf, or for willful aiding in the preparation and presentation of a false or fraudulent income tax return of a client, or for the willful making of a false representation in connection with the determination, collection, or refund of any tax, whether it be in his or her own behalf or in behalf of a client, the board will initiate charges in every instance.
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On conviction of a misdemeanor the circumstances of which substantially relate to the practice of accounting the board will review the circumstances and the nature of the act resulting in conviction. Each such situation will be considered by the board as an informal complaint. The minutes of the board will reflect the fact of review and the resulting disposition of the informal complaint. Such convictions that are professionally related and related to good moral character can be the basis for bringing formal charges and subsequent board action.
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On conviction for failure to act with integrity and trustworthiness with information or property of others, the board will initiate charges in every instance.
(f) Notification of convictions. A certified public accountant shall notify the board in writing within 48 hours after being convicted of a crime.
(g) Receiving fees for services not performed. The deliberate receipt and retention of a fee from a client for services not performed when the client has been given reason to believe that there should be performance, or the withholding of services and receiving a retainer or fee when the services agreed upon have knowingly been withheld, are acts discreditable to the profession. The amount or rate of charge for services is a contractual matter between the certified public accountant and the client, and except as related to the provision, the board does not have authority to set or regulate fees or for taking jurisdiction in such matters. The term “services not performed” means situations in which the actual work for which payment is received is not done.
(h) Discrimination in employment practices. Discrimination based on race, color, religion, sex, age or national origin in hiring, promotion or salary practices is presumed to constitute an act discreditable to the profession in violation of this section.
History
- Cr. Register June, 1974, No. 222, eff. 7-1-74; cr. (2), Register, February, 1976, No. 242, eff. 4-1-76; am. (2) (b), Register, July, 1979, No. 283, eff. 9-1-79; renum. from Accy 1.501 and am. (2) (intro.) (a) and (b), cr. (2) (d) and (e), Register, July, 1980, No. 295, eff. 8-1-80; am. (2) (b) intro. and cr. (2) (b) 4., Register, April, 1981, No. 304, eff. 5-1-81; am. (2) (d), renum. (2) (e) to be Accy 1.402 (2) (e), Register, June, 1982, No. 318, eff. 7-1-82; cr. (2) (bm), Register, April, 1985, No. 352, 5-1-85; CR 03-071: am. (1), (2) (intro.) and (a) (intro.), cons. and renum. (2) (am) (intro.) and 1. to be (2) (b) and am., renum. (2) (an) to (d) to be (2) (c) to (h) and am. (2) (c) to (g) Register May 2004 No. 581, eff. 6-1-04; 2015 Wis. Act 217: am. (1), (2) (a) (intro.), (c), (e) 2., cr. (2) (f) (title), am. (2) (f) Register May 2016 No. 725, eff. 6-1-16.
Wis. Admin. Code § Accy 1.402 Advertising or other forms of solicitation {#sec-accy-1.402 omnilex-key=us-wi-regs-official--agency-accy--Accy 1.402}
No certified public accountant may advertise or solicit a client in a manner that is false, fraudulent, misleading or deceptive.
History
- Cr. Register, June, 1974, No. 222, eff. 7-1-74; cr. (2), Register, December, 1974, No. 228, eff. 1-1-75; r. and recr. (2) (a), (g), (j) and (n), Register, February, 1976, No. 242, eff. 4-1-76; r. and recr. Register, July, 1978, No. 271, eff. 9-1-78; renum. from Accy 1.502 and am. (2) (intro.), Register, July, 1980, No. 295, eff. 8-1-80; am. (1) and (2) (c), (2) (e) renum. from Accy 1.401 (2) (e), Register, June, 1982, No. 318, eff. 7-1-82; r. and recr. Register, April, 1986, No. 364, eff. 5-1-86; CR 03-071: am. Register May 2004 No. 581, eff. 6-1-04.
Wis. Admin. Code § Accy 1.404 Incompatible occupations {#sec-accy-1.404 omnilex-key=us-wi-regs-official--agency-accy--Accy 1.404}
(1) A person who is engaged in practice as a certified public accountant shall not concurrently engage in any business or occupation that would create a conflict of interest rendering professional services.
(2) Interpretations of sub. (1) not intended to be all-inclusive, are as follows:
(a) Engaging concurrently with the practice of public accounting in any business or occupation inconsistent with the certified public accountant’s responsibilities under the Wisconsin rules of conduct would constitute involvement in an incompatible occupation prohibited by sub. (1).
(b) The proscription in sub. (1) applies to any business or occupation which:
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Detracts from the public image of the profession, as for example, on legal grounds, or involves conduct which would constitute an act discreditable to the profession.
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Impairs the certified public accountant’s objectivity in rendering professional services to clients.
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Inherently involves responsibilities which are likely to conflict with the certified public accountant’s responsibility to others arising out of the client-certified public accountant relationship.
(c) A conflict of interest exists when a certified public accountant or firm of such persons who are licensed to practice in Wisconsin becomes associated with or employed by a nonlicensed individual or firm offering accounting, tax, or consulting services, such as those customarily provided by certified public accountants, in a manner and with representation or implication that third parties could interpret or conclude that attest services are performed or offered by both the nonlicensed individual or firm and the certified public accountant. A conflict of interest also exists if the services of the licensed certified public accountant or firm of such persons can be influenced or decisions altered by the noncertified associate or employer.
(d) A conflict of interest exists when a certified public accountant who is not licensed permits his or her status as a certified public accountant to be used or publicized in a manner or situation that third parties could assume or conclude that attest services are being performed or offered by or through nonlicensed individuals or firms.
History
- Cr. Register, June, 1974, No. 222, eff. 7-1-74; cr. (2), Register, February, 1976, No. 242, eff. 4-1-76; r. and recr. Register, July, 1978, No. 271, eff. 9-1-78; cr (2), Register, July, 1979, No. 283, eff. 9-1-79; renum. from Accy 1.504, Register, July, 1980, No. 295, eff. 8-1-80; am. (2) (intro.) and (a), Register, April, 1981, No. 304, eff. 5-1-81; cr. (2) (c) and (d), Register, June, 1982, No. 318, eff. 7-1-82; am. (2) (b) 1., Register, April, 1985, No. 352, eff. 5-1-85; CR 03-071: am. (1) and (2) (a) to (d) Register May 2004 No. 581, eff. 6-1-04; 2015 Wis. Act 217: am. (1) Register May 2016 No. 725, eff. 6-1-16.
Wis. Admin. Code § Accy 1.405 Firm Names {#sec-accy-1.405 omnilex-key=us-wi-regs-official--agency-accy--Accy 1.405}
(1) An individual or firm may practice as a certified public accountant in any form of business organization permitted by state law. No person licensed to practice as a certified public accountant may practice under a firm name that is misleading as to the type of organization. A misleading CPA firm name is any of the following:
(a) A name that contains any representation that would be likely to cause a reasonable person to misunderstand or be confused about the legal form of the firm, or about who the owners or members of the firm are, such as a reference to a type of organization or an abbreviation thereof that does not accurately reflect the form under which the firm is organized, including any of the following:
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A name that implies the existence of a corporation when the firm is not a corporation, such as through the use of the words “corporation,” “incorporated,” “Ltd.,” “professional corporation,” or an abbreviation thereof as part of the firm name if the firm is not incorporated or is not a professional corporation.
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A name that implies the existence of a partnership when there is not a partnership, such as by use of the term “partnership” or “limited liability partnership” or the abbreviation “LLP” if the firm is not such an entity.
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A name that includes the name of an individual who is not a CPA if the title “CPAs” is included in the firm name.
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A name that includes information about or indicates an association with persons who are not members of the firm, except as provided in subs. (3) and (4).
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A name that includes the terms “& Company,” “& Associate,” or “Group,” if the firm does not include, in addition to the named partner, shareholder, owner, or member, at least one other unnamed partner, shareholder, owner, member, or staff employee.
(b) A name that contains any representation that would be likely to cause a reasonable person to have a false or unjustified expectation of favorable results or capabilities, through the use of a false or unjustified statement of fact as to any material matter.
(c) A name that claims or implies the ability to influence a regulatory body or official.
(d) A name that includes the name of an owner whose license has been revoked for disciplinary reasons by the board, whereby the licensee has been prohibited from practicing public accountancy or prohibited from using the title CPA or holding himself or herself out as a certified public accountant.
(2) Any of the following is a permissible type of CPA firm name if it does not otherwise violate this subchapter:
(a) A firm name that includes the names of one or more former or present owners.
(b) A firm name that excludes the names of one or more former or present owners.
(c) A firm name that uses the CPA title as part of the firm name when all named individuals are owners of the firm who hold such title or are former owners who held such title at the time they ceased to be owners of the firm.
(d) A firm name that includes the name of a non-CPA owner if the CPA title is not a part of the firm name.
(3) A network firm may use a common brand name or share common initials as part of the firm name.
(4) A network firm may use the network name as the firm’s name, provided that it also shares one or more of the following characteristics with other firms in the network:
(a) Common control, as defined by generally accepted accounting principles in the U.S., among the firms through ownership, management, or other means.
(b) Profits or costs, excluding costs of operating the association, costs developing audit methodologies, manuals and training courses, and other costs that are immaterial to the firm.
(c) A common business strategy that involves ongoing collaboration among the firms whereby the firms are responsible for implementing the association’s strategy and are held accountable for performance pursuant to that strategy.
(d) A significant part of professional resources.
(e) Common quality control policies and procedures that participating firms are required to implement and that are monitored by the association.
History
- Cr. Register, June, 1974, No. 222, eff. 7-1-74; cr. (2), Register, December, 1974, No. 228, eff. 1-1-75; r. and recr. (1) (a), renum. (2) to be (3) and cr. (2), Register, February, 1976, No. 242, eff. 4-1-76; renum. from Accy 1.505 and am. (3) (intro.), Register, July, 1980, No. 295, eff. 8-1-80; am. (2) (intro.) and (a), Register, April, 1981, No. 304, eff. 5-1-81; am. (3) (a), Register, June, 1982, No. 318, eff. 7-1-82; am. (2), Register, July, 1983, No. 331, eff. 8-1-83; am. (1) (intro.) and (a), Register, January, 1985, No. 349, eff. 2-1-85; r. (1) (b), Register, February, 1990, No. 410, eff. 3-1-90; am. (1) (a), Register, February, 1992, No. 434, eff. 3-1-92; r. and recr. (1) (intro.), Register, May, 1994, No. 461, eff. 6-4-94; CR 03-071: cons. and renum. (1) (intro.), (a) to be (1) and (3) (intro.), (a) to be (3) and am., r. (1) (c), am. (2) Register May 2004 No. 581, eff. 6-1-04; 2015 Wis. Act 217: r. and recr. Register May 2016 No. 725, eff. 6-1-16.
Wis. Admin. Code § Accy 1.406 Practice while suspended {#sec-accy-1.406 omnilex-key=us-wi-regs-official--agency-accy--Accy 1.406}
No person who is licensed to practice as a certified public accountant, who has been suspended, shall practice as a certified public accountant during the period of such suspension.
History
- Cr. Register, June, 1974, No. 222, eff. 7-1-74; renum. from Accy 1.506, Register, July, 1980, No. 295, eff. 8-1-80; CR 03-071: am. Register May 2004 No. 581, eff. 6-1-04.
Wis. Admin. Code § Accy 1.407 Communications {#sec-accy-1.407 omnilex-key=us-wi-regs-official--agency-accy--Accy 1.407}
A certified public accountant shall, when requested, respond to communications from the board within 30 days of the mailing of such communications by registered or certified mail.
History
- Cr. Register, July, 1978, No. 271, eff. 9-1-78; renum. from Accy 1.507, Register, July, 1980, No. 295, eff. 8-1-80.
Wis. Admin. Code § Accy 1.408 Ownership requirements {#sec-accy-1.408 omnilex-key=us-wi-regs-official--agency-accy--Accy 1.408}
(1) In this section “ownership interest” means any equity or voting interest in a firm.
(2) An applicant for a license as a certified public accounting firm shall demonstrate that more than 50% of the ownership interest of the firm is held by individuals who hold certificates or licenses to practice as a certified public accountant issued under the laws of any state or foreign country.
(3) A firm applying for licensure meets the ownership requirement under sub. (2) in the following circumstances:
(a) If the applicant is a sole proprietorship and the owner holds a certificate and license to practice as a certified public accountant issued under the laws of this state.
(b) If the applicant is organized as a service corporation and more than 50% of the voting rights are held by individuals who are certified public accountants.
(c) If the applicant is organized as a business corporation and more than 50% of the voting rights are held by individuals who are certified public accountants.
(d) If the applicant is organized as a partnership or limited liability partnership and more than 50% of the voting rights are held by individuals who are certified public accountants.
(e) If the applicant is organized as a limited liability company and more than 50% of the voting rights are held by individuals who are certified public accountants.
(4) An applicant firm with ownership characteristics other than those identified in sub. (3) may submit information about the ownership interests of all members of the firm to the board. The board may determine that more than 50% of the ownership interest of the firm is held by individuals who hold certificates or licenses to practice as a certified public accountant. In making this determination the board shall consider whether ownership interest of all members of the firm results in control and management of the firm by individuals who hold certificates or licenses to practice as a certified public accountant.
History
- CR 02-052: cr. Register December 2002 No. 564, eff. 1-1-03.
Chapter Accy 2 INDIVIDUAL CERTIFICATION AND LICENSURE
Subchapter I Authority and Definitions
Wis. Admin. Code § Accy 2.001 Authority {#sec-accy-2.001 omnilex-key=us-wi-regs-official--agency-accy--Accy 2.001}
The rules in this chapter are adopted under the authority in ss. 15.08 (5) (b), 227.11 (2), and 442.04, Stats.
History
- 2015 Wis. Act 217: cr. Register May 2016 No. 725, eff. 6-1-16.
Wis. Admin. Code § Accy 2.002 Definitions {#sec-accy-2.002 omnilex-key=us-wi-regs-official--agency-accy--Accy 2.002}
In this chapter, except where a different meaning is indicated:
(1) “Accredited” means to be listed by an accrediting agency recognized by the secretary of the federal department of education.
Note: For a listing of accrediting agencies recognized by the secretary of the federal department of education, see http:/www2.ed.gov/admins/finaid/accred/accreditation_pg6.html.
(2) “Bachelor’s degree” means a baccalaureate degree conferred by a university or college.
Note: Some students complete the 4-year bachelor’s degree in less than 4 years by attending summer school or maximum course loads over a number of academic semesters.
History
- 2015 Wis. Act 217: cr. Register May 2016 No. 725, eff. 6-1-16; EmR1713: emerg. am. (intro), eff. 6-23-17; 2017 Wis. Act 88: am. (intro.) Register December 2017 No. 744, eff. 6-1-17; CR 17-064: am. (intro.) Register March 2018 No. 747 eff. 4-1-18; 2025 Wis. Act 166: am. (2) Register April 2026 No. 844, eff. 4-4-26.
Subchapter II Application for Certification of Individuals
Wis. Admin. Code § Accy 2.101 Application {#sec-accy-2.101 omnilex-key=us-wi-regs-official--agency-accy--Accy 2.101}
A candidate applying for a certificate as a certified public accountant shall apply on an application form provided by the board. The application shall be supported by all of the following:
(1) The appropriate fee authorized in s. 440.05, Stats.
(2) Proof of fulfilling the educational requirements specified in s. Accy 2.202 and s. 442.04 (5) (b) 3., Stats., by submitting one of the following:
(a) For a candidate who qualifies under s. Accy 2.202 (1), proof that the candidate earned a master’s degree specified under s. Accy 2.202 (1).
(b) For a candidate who qualifies under s. Accy 2.202 (2), (3), or (4), certified copies of transcripts for all academic work completed at an accredited educational institution that reflect that the candidate has satisfied the requirement under s. Accy 2.202 (2), (3), or (4), whichever is applicable.
(3) Evidence of meeting the work experience requirement under s. Accy 2.402 (3) and (4) and s. 442.04 (5) (b) 3. a., b., or c., Stats., whichever is applicable with respect to the candidate.
(4) Evidence that the applicant has successfully passed each section of the Uniform Certified Public Accountant Examination.
(5) Successful completion of the open book professional ethics examination on statutes and rules governing the practice of public accounting in Wisconsin as set forth in s. Accy 2.306.
Note: Instructions for applications can be found on the department of safety and professional services’ website at http://dsps.wi.gov. An applicant with a disability will be provided reasonable accommodations.
History
- Cr. Register, November, 1993, No. 455, eff. 12-1-93.; r. and recr. Register, March, 1996, No. 483, eff. 4-1-96; am. (1) (b) 2. and 3., Register, January, 1999, No. 517, eff. 2-1-99; correction in (1) (b) 1. to 3. made under s. 13.92 (4) (b) 7., Stats., Register April 2015 No. 712; 2015 Wis. Act 217: renum. (title), (intro.), (1), and (2) from Accy 3.05 (title), (1) (intro.), (a) and (b) (intro.), 1. and am. (title), (intro.), (2) cr. (3) to (5) Register May 2016 No. 725, eff. 6-1-16; EmR1618: emerg. am. (2), eff. 9-26-16; EmR1713: emerg. r. and recr. (2), eff. 6-23-17; 2017 Wis. Act 88: r. and recr. (2) Register December 2017 No. 744, eff. 6-1-17; CR 17-064: r. and recr. (2) (a), (b), (c), Register March 2018 No. 747 eff. 4-1-18; CR 20-041: r. (2) (c) Register October 2021 No. 790, eff. 11-1-21; 2025 Wis. Act 166: am. (3) Register April 2026 No. 844, eff. 4-4-26; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register April 2026 No. 844.
Wis. Admin. Code § Accy 2.102 Expiration of applications {#sec-accy-2.102 omnilex-key=us-wi-regs-official--agency-accy--Accy 2.102}
If an applicant for a certificate to practice as a certified public accountant does not comply with a request for information related to his or her application within one year from the date the first request for information was made, the application expires. The applicant may file a new application if his or her application expires under this section.
History
- Cr. Register, August, 1992, No. 440, eff. 9-1-92; 2015 Wis. Act 217: renum. from Accy 7.07 Register May 2016 No. 725, eff. 6-1-16.
Subchapter III Education
Wis. Admin. Code § Accy 2.202 Education required for certification {#sec-accy-2.202 omnilex-key=us-wi-regs-official--agency-accy--Accy 2.202}
A candidate applying for a certificate to practice as a certified public accountant must have earned a bachelor’s or higher degree from an accredited educational institution and have satisfied one of the following for purposes of meeting the coursework requirement under s. 442.04 (5) (b) 3., Stats.:
(1) Earned a master’s degree in accounting from an institution, as defined in s. 442.04 (5) (a), Stats., with an accounting program or department accredited by the Association to Advance Collegiate Schools of Business.
(2) Earned a bachelor’s or higher degree from a business program or college of business accredited by the Association to Advance Collegiate Schools of Business, the International Assembly for Collegiate Business Education, or the Accreditation Council for Business Schools and Programs, and completed at least 24 semester hours in accounting from an accredited educational institution at the undergraduate level or 15 semester hours at the graduate level, or an equivalent combination, that cover each of the following subject areas:
(a) Financial accounting.
(b) Cost or managerial accounting.
(c) Taxation.
(d) Auditing.
(3) Earned a bachelor’s or higher degree from an accredited educational institution and completed all of the following:
(a) At least 24 semester hours in accounting from an accredited educational institution at the undergraduate level or 15 semester hours at the graduate level, or an equivalent combination, that cover each of the following subject areas:
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Financial accounting.
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Cost or managerial accounting.
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Taxation.
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Auditing.
(b) At least 24 semester hours in business and economics courses other than accounting courses from an accredited educational institution at the undergraduate level or 15 semester hours at the graduate level, or an equivalent combination, that cover each of the following subject areas:
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Economics.
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Finance.
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Statistics or data analytics.
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Business law.
Note: The courses covering the subjects of financial accounting, cost or managerial accounting, taxation, and auditing under s. Accy 2.202 (2) or (3), would generally be courses taken beyond the introduction accounting course required of every business major.
(4) Completed coursework that the board determines is reasonably equivalent to the course content and semester hours requirements specified in sub. (3) (a) and (b).
History
- 2015 Wis. Act 217: renum. (intro.), (1) from Accy 7.035 (intro.), (2) and am., cr. (1) (a) to (f), (2) Register May 2016 No. 725, eff. 6-1-16; EmR1618: emerg. am. (intro.), cr. (3), eff. 9-26-16; EmR1713: emerg. r. and recr., eff. 6-23-17; 2017 Wis. Act 88: r. and recr. Register December 2017 No. 744, eff. 6-1-17; CR 17-064: r. and recr., Register March 2018 No. 747 eff. 4-1-18; CR 20-041: r. (5) Register October 2021 No. 790, eff. 11-1-21; 2025 Wis. Act 166: am. (intro.), r. (2) (e), (3) (a) 5., (b) 5. Register April 2026 No. 844, eff. 4-4-26.
Subchapter IV Examination
Wis. Admin. Code § Accy 2.301 Examination {#sec-accy-2.301 omnilex-key=us-wi-regs-official--agency-accy--Accy 2.301}
A candidate for a certified public accountant certificate shall successfully pass the certified public accountant examination set forth in s. Accy 2.302 and the professional ethics examination set forth in s. Accy 2.306.
History
- Cr. Register, November, 1993, No. 455, eff. 12-1-93; 2015 Wis. Act 217: renum. from Accy 3.02 and am. Register May 2016 No. 725, eff. 6-1-16.
Wis. Admin. Code § Accy 2.302 Certified public accountant examination {#sec-accy-2.302 omnilex-key=us-wi-regs-official--agency-accy--Accy 2.302}
(1) The subjects covering the discipline of accounting in the certified public accountant examination shall be as provided by the board of examiners of the American Institute of Certified Public Accountants Uniform Certified Public Accountant Examination. The passing grade on each section is 75 or higher.
(2) Examinations shall be graded by the board of examiners of the American institute of certified public accountants advisory grading service.
History
- Cr. Register, November, 1993, No. 455, eff. 12-1-93; 2015 Wis. Act 217: renum. from Accy 3.03 and am. (1) Register May 2016 No. 725, eff. 6-1-16.
Wis. Admin. Code § Accy 2.303 Education required for examination {#sec-accy-2.303 omnilex-key=us-wi-regs-official--agency-accy--Accy 2.303}
A candidate for the certified public accountant examination must have satisfied one of the following for purposes of meeting the coursework requirement under s. 442.04 (5) (b) 4., Stats.:
(1) Satisfied s. Accy 2.202 (1), (2), or (3).
(2) Satisfied the course content and semester hours requirements specified in s. Accy 2.202 (3) (a) and (b), or completed coursework that the board determines is reasonably equivalent to those requirements.
History
- Cr. Register, November, 1993, No. 455, eff. 12-1-93. r. and recr. Register, March, 1996, No. 483, eff. 4-1-96; 2015 Wis. Act 217: renum. from Accy 3.04 and am. Register May 2016 No. 725, eff. 6-1-16; EmR1618: emerg. am., eff. 9-26-16; EmR1713: emerg. r. and recr., eff. 6-23-17; 2017 Wis. Act 88: r. and recr. Register December 2017 No. 744, eff. 6-1-17; CR 17-064: r. and recr., Register March 2018 No. 747 eff. 4-1-18; CR 20-041: r. (3) Register October 2021 No. 790, eff. 11-1-21; 2025 Wis. Act 166: am. (intro.) Register April 2026 No. 844, eff. 4-4-26.
Wis. Admin. Code § Accy 2.304 Candidates for examination {#sec-accy-2.304 omnilex-key=us-wi-regs-official--agency-accy--Accy 2.304}
(1) A candidate shall be allowed to sit for each section of the uniform certified public accountant examination individually.
(2) A candidate shall retain credit for any section passed for 30 months. A candidate may retake a section once the grade for the previous attempt of the same section has been released.
(3) A candidate must pass all sections of the uniform certified public accountant examination within a rolling 30-month period that begins on the date the candidate is notified that the first section is passed.
(4) If any section of the uniform certified public accountant examination is not passed within the rolling 30-month period, credit for any section passed outside the 30-month period shall expire and that section shall be retaken.
(5) The board may on a case-by-case basis extend the 30-month period of credit for sections of the Uniform CPA Examination passed, or the duration of the 30-month rolling period, upon the applicant showing to the board’s satisfaction that the inability to pass all sections of the examination within the 30-month period was due to one of the following:
(a) The sickness of the candidate or a member of the candidate’s immediate family if the candidate substantiates the illness by a doctor’s certificate.
(b) A death in the candidate’s immediate family if the candidate provides proof of death.
(c) Temporary military service.
(d) Other good reason deemed acceptable by the board.
History
- Cr. Register, November, 1993, No. 455, eff. 12-1-93; CR 02-149: r. and recr. Register October 2003 No. 574, eff. 11-1-03; 2015 Wis. Act 217: renum. from Accy 3.06 and am. (title), (1), (3), (4) Register May 2016 No. 725, eff. 6-1-16; CR 19-160: am. (2) Register June 2020 No. 774, eff. 7-1-20; CR 21-013: cr. (5) Register December 2021 No. 792, eff. 1-1-22; CR 24-071: am. (2) to (5) (intro.) Register April 2025 No. 832, eff. 5-1-25; 2025 Wis. Act 166: am. (3) Register April 2026 No. 844, eff. 4-4-26.
Wis. Admin. Code § Accy 2.305 Cheating on examination {#sec-accy-2.305 omnilex-key=us-wi-regs-official--agency-accy--Accy 2.305}
(1) Cheating on the certified public accountant examination is a serious breach of integrity and indicates a lack of good professional character. Cheating on an examination includes any of the following:
(a) Communications concerning an examination being taken between candidates inside or outside of the examination room, or copying another’s answers.
(b) Communications concerning an examination being taken with accomplices outside of the examination room.
(c) Substitution by a candidate of another person to sit in the examination room for the candidate and take one or more of the examination questions for the candidate.
(d) Reference to “crib notes,” test books, electronic media, or other materials, other than those provided to the candidate as part of the examination, inside or outside of the examination room during periods examinations are being taken.
(e) Divulging the nature or content of any examination question or answer to any individual or entity subsequent to the conclusion of the examination.
(f) Removing any examination materials, notes or other similar materials from the examination room.
(g) Falsifying or misrepresenting educational credentials or other information required for admission to the examination.
(2) Penalties imposed by the board for cheating on the examination shall be related to the seriousness of the offense. Cheating that was planned in advance is the most serious offense. Penalties may include the entering of a failing grade on all sections taken for the examinations in which cheating occurred and suspension of the right to take the next scheduled examination after the examination in which cheating occurred. Time within which conditional credit previously earned for passing part of the examination may be extended by board action in situations where penalties are levied, and by as long as the period of suspension.
(3) If more than one candidate is involved in a connected offense of cheating on an examination, each candidate knowingly involved in the cheating is subject to penalties.
(4) Other jurisdictions to which a candidate may apply to take the certified public accountant examination during a period of suspension of the right to take the examination shall be notified of the penalty levied in Wisconsin.
History
- Cr. Register, November, 1993, No. 455, eff. 12-1-93; cr. (1) (e) and (f), Register, March, 1996, No. 483, eff. 4-1-96; 2015 Wis. Act 217: renum. from Accy 3.09 and am. (1) (intro.), (a) to (d), (2), (4), cr. (1) (g) Register May 2016 No. 725, eff. 6-1-16.
Wis. Admin. Code § Accy 2.306 Professional ethics examination {#sec-accy-2.306 omnilex-key=us-wi-regs-official--agency-accy--Accy 2.306}
(1) A candidate for a certified public accountant certificate shall successfully pass an open book professional ethics examination on statutes and rules governing the practice of public accounting in Wisconsin.
(2) The passing grade on the professional ethics examination is 80.
(3) A candidate who fails to achieve a passing score on the professional ethics examination is not eligible for reexamination for 30 days following notification of the failure. A candidate who fails to achieve a passing score upon reexamination is not eligible for another reexamination for 90 days following notification of the reexamination failure.
History
- Cr. Register, November, 1993, No. 455, eff. 12-1-93; 2015 Wis. Act 217: renum. from Accy 3.10 Register May 2016 No. 725, eff. 6-1-16.
Wis. Admin. Code § Accy 2.307 Examination review {#sec-accy-2.307 omnilex-key=us-wi-regs-official--agency-accy--Accy 2.307}
(1) An applicant for the certified public accountant examination may request a review of his or her examination from the National Association of State Boards of Accountancy.
(2) An applicant who fails the professional ethics examination may request a review of the examination. The following conditions apply:
(a) The applicant shall file a written request to the board within 30 days of the date on which examination results were mailed and pay the fee under s. SPS 4.05.
(b) Examination reviews are by appointment only and shall be limited to one hour.
(c) Reviews shall be conducted prior to the time an applicant applies to retake the examination.
(d) An applicant may review each failed examination only once.
(e) The examination may be reviewed by telephone. During a telephone review an applicant shall be provided with the statute or administrative code reference number and the topic of the test questions the applicant failed.
(f) An applicant may not be accompanied during the review by any person other than the proctors.
(g) Bound reference books shall be permitted in the review.
(h) Applicants may not remove any notes from the review. Notes shall be retained by the proctor.
(i) The proctor shall not respond to inquiries by the applicant regarding allegations of examination error.
History
- Cr. Register, March, 1996, No. 483, eff. 4-1-96; correction in (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; 2015 Wis. Act 217: renum. from Accy 3.11 and am. (1) Register May 2016 No. 725, eff. 6-1-16.
Wis. Admin. Code § Accy 2.308 Transfer of scores {#sec-accy-2.308 omnilex-key=us-wi-regs-official--agency-accy--Accy 2.308}
Applicants who have passed all or part of the uniform certified public accountant examination in another jurisdiction but who have not yet received their certified public accountant certificate shall be able to transfer scores in subjects passed to Wisconsin provided that:
(1) Scores transferred must be certified to the board by the other jurisdiction and must be passed in accordance with rules applicable to Wisconsin candidates.
(2) Transfer of scores must be accepted by board action and the applicant notified in a manner similar to the action on scores for Wisconsin applicants.
History
- 2015 Wis. Act 217: renum. from Accy 7.04 (1) and am. Register May 2016 No. 725, eff. 6-1-16.
Subchapter V Experience
Wis. Admin. Code § Accy 2.401 Review of candidate’s experience {#sec-accy-2.401 omnilex-key=us-wi-regs-official--agency-accy--Accy 2.401}
(1) Following the successful passing of each section of the uniform CPA examination and upon written request by a candidate, a candidate’s experience shall be reviewed by the board. The written request shall include employer verification statements and information on experience to update the experience data already in the candidate’s file. Such evaluation will determine whether the candidate qualifies at that time under the requirement of having the requisite work experience or its equivalent under s. Accy 2.402 (3) and (4), the sufficiency of the experience or the equivalency to be judged by the board. The board shall inform the candidate if additional experience is needed. Upon gaining the required additional experience, the candidate shall notify the board and provide verification.
(2) Experience may consist of providing any type of services or advice using accounting, attest, compilation, management advisory, financial advisory, tax, or related consulting skills.
History
- Cr. Register, December, 1974, No. 228, eff. 1-1-75; renum. from Accy 5.01, Register, October, 1976, No. 250, eff. 11-1-76; r. (4), Register, April, 1986, No. 364, eff. 5-1-86; renum. and am. (1), r. (2) and (3), Register, February, 1990, No. 410, eff. 3-1-90; CR 03-071: renum. from Accy 5.02 and am. Register May 2004 No. 581, eff. 6-1-04; 2015 Wis. Act 217: renum. (title), (1) from Accy 5.01 and am., cr. (2) Register May 2016 No. 725, eff. 6-1-16; 2025 Wis. Act 166: am. (1) Register April 2026 No. 844, eff. 4-4-26; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register April 2026 No. 844.
Wis. Admin. Code § Accy 2.402 Experience evaluation {#sec-accy-2.402 omnilex-key=us-wi-regs-official--agency-accy--Accy 2.402}
(1) The board shall evaluate work experience and equivalent experience at each regularly scheduled board meeting, in accordance with s. 442.04 (5m), Stats. Evaluations may be made at special meetings, but normally will not be scheduled at such meetings.
(2) The board shall review the candidate’s experience on written request by the candidate. Among the areas of experience that may be considered by the board are the following:
(a) Experience in accounting in industry and government may be considered equivalent when it requires high levels of knowledge, competence and judgment.
(b) Experience in teaching accounting may be considered equivalent when it is at an advanced and specialized level of accounting. Courses taught in areas other than accounting do not qualify as accounting experience.
(c) Experience in law may be considered equivalent when it is at a level with responsibility for independent accounting decisions and requires high levels of accounting knowledge, competence and judgment.
(3) A candidate must have the minimum work experience or its equivalent, as required under s. 442.04 (5) (b) 3. a., b., or c., Stats., whichever is applicable with respect to the individual, as determined by the board.
(4) Experience shall be acquired after the applicant has satisfied one of the requirements under s. Accy 2.303. This experience must have been acquired within 5 years prior to applying for the certification as a certified public accountant.
History
- Cr. Register, December, 1974, No. 228, eff. 1-1-75; renum. from Accy 5.02, Register, October, 1976, No. 250, eff. 11-1-76; CR 03-071: renum. from Accy 5.03 and am., cr. (2) (a) to (c) Register May 2004 No. 581, eff. 6-1-04; 2015 Wis. Act 217: renum. from Accy 5.02 Register May 2016 No. 725, eff. 6-1-16; 2025 Wis. Act 166: am. (1), (2) (a) to (c), renum. (3), (4) from Accy 2.403 and am. Register April 2026 No. 844, eff. 4-4-26.
Wis. Admin. Code § Accy 2.404 Experience; general {#sec-accy-2.404 omnilex-key=us-wi-regs-official--agency-accy--Accy 2.404}
(1) The nature and level of an employee’s position or job title and position description is considered.
(2) Part-time employment can be counted proportionately, but normally is given little weight. If part-time employment is combined with full-time employment, the full-time employment is normally given the most weight.
(3) No more than one day of experience is allowed for any calendar day.
History
- Cr. Register, December, 1974, No. 228, eff. 1-1-75; renum. from Accy 5.07, Register, October, 1976, No. 250, eff. 11-1-76; am. Register, December, 1978, No. 276, eff. 1-1-79; CR 03-071: renum. from Accy 5.08 and am. Register May 2004 No. 581, eff. 6-1-04; 2015 Wis. Act 217: renum. from Accy 5.04 Register May 2016 No. 725, eff. 6-1-16.
Wis. Admin. Code § Accy 2.405 Bookkeeping and elementary individual tax return preparation {#sec-accy-2.405 omnilex-key=us-wi-regs-official--agency-accy--Accy 2.405}
Bookkeeping and elementary individual tax return preparation are generally not considered to be qualifying experience.
History
- Cr. Register, December, 1974, No. 228, eff. 1-1-75; renum. from Accy 5.08, Register, October, 1976, No. 250, eff. 11-1-76; CR 03-071: renum. from Accy 5.09 and am. Register May 2004 No. 581, eff. 6-1-04; 2015 Wis. Act 217: renum. from Accy 5.05 Register May 2016 No. 725, eff. 6-1-16.
Wis. Admin. Code § Accy 2.406 Judgment {#sec-accy-2.406 omnilex-key=us-wi-regs-official--agency-accy--Accy 2.406}
Experience evaluations are based on the judgment of the board.
History
- Cr. Register, December, 1974, No. 228, eff. 1-1-75; renum. from Accy 5.11, Register, October, 1976, No. 250, eff. 11-1-76; CR 03-071: renum. from Accy 5.12 and am. Register May 2004 No. 581, eff. 6-1-04; 2015 Wis. Act 217: renum. from Accy 5.07 Register May 2016 No. 725, eff. 6-1-16.
Subchapter VI Licensure
Wis. Admin. Code § Accy 2.501 Requirements for renewal and reinstatement of individual licenses {#sec-accy-2.501 omnilex-key=us-wi-regs-official--agency-accy--Accy 2.501}
(1) Renewal before 5 years. An individual certified public accountant who files an application for renewal of a license within 5 years after the renewal date may renew his or her license by filing with the board all of the following:
(a) An application for renewal on a form prescribed by the department that includes the applicant’s representation under penalties of perjury that, during the 2-year period immediately preceding the date of application, the applicant has completed at least 80 continuing professional development credits meeting the requirements under s. Accy 2.602.
(b) The fee determined by the department under s. 440.03 (9) (a), Stats., and the applicable late renewal fee specified in s. 440.08 (3) (a), Stats.
(2) Renewal after 5 years. An individual certified public accountant who files an application for renewal of a license 5 years or more after the renewal date may renew his or her license by filing with the board all of the following:
(a) An application for renewal on a form prescribed by the department that includes the applicant’s representation under penalties of perjury that, during the 3-year period immediately preceding the date of application, the applicant has completed at least 120 continuing professional development credits meeting the requirements under s. Accy 2.602.
(b) The fee determined by the department under s. 440.03 (9) (a), Stats., and the applicable late renewal fee specified in s. 440.08 (3) (a), Stats.
(c) Verification of successful completion of examinations specified in s. Accy 2.301 or education specified in s. Accy 2.202 or both as may be prescribed by the board.
(3) Reinstatement.
(a) Notwithstanding the board’s authority under s. 442.12 (1) (g), Stats., to grant a hearing pursuant to an application in writing and notice, an individual certified public accountant who has a license with unmet disciplinary requirements and who has failed to renew the license within 5 years after the renewal date, or an individual whose license has been surrendered or revoked, may apply for reinstatement of his or her license. The request shall be in writing and be accompanied by all of the following:
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The materials and fee specified in sub. (2) (a) to (c).
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Evidence of completion of disciplinary requirements, if applicable.
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Evidence of rehabilitation or change in circumstances warranting reinstatement of the credential.
(b) The board shall grant reinstatement of a license following an application for reinstatement under par. (a) if the board determines the individual has satisfied the requirements under par. (a) 1. to 3. and the board determines reinstatement is warranted.
History
- 2015 Wis. Act 217: cr. Register May 2016 No. 725, eff. 6-1-16; CR 19-049: am. (1) (a), (2) (a) Register November 2019 No. 767, eff. 12-15-19; 2025 Wis. Act 166: am. (2) (a) Register April 2026 No. 844, eff. 4-4-26.
Subchapter VII Continuing Professional Education
Wis. Admin. Code § Accy 2.601 Definitions {#sec-accy-2.601 omnilex-key=us-wi-regs-official--agency-accy--Accy 2.601}
In this subchapter:
(1) “Compliance period” means the 2-year period immediately preceding the renewal date under s. 440.08 (2) (a) 1., Stats.
(2) “CPE” means continuing professional education.
(3) “Inactive certificate holder” means an individual who holds an unrevoked certificate as a certified public accountant granted under s. 442.04 (1), Stats., and who does not hold a current license to practice as a certified public accountant issued under s. 442.08 (1), Stats.
History
- CR 19-049: cr. Register November 2019 No. 767, eff. 12-15-19.
Wis. Admin. Code § Accy 2.602 CPE requirements for certified public accountants {#sec-accy-2.602 omnilex-key=us-wi-regs-official--agency-accy--Accy 2.602}
(1) Completion of CPE credits. During each compliance period, a licensee shall complete at least 80 CPE credits that contribute to growth in professional knowledge and professional competence. At least 20 CPE credits shall be completed during each 12-month period of each compliance period. The 80 CPE credits shall include not less than 40 CPE credits from formal learning activities meeting the requirements under s. Accy 2.603 (1) and (2).
(2) CPE related to ethics. Three of the CPE credits from formal learning activities required under sub. (1) or (5) shall be on the subject of ethics.
(3) Credit for formal and informal learning activities. Fifty minutes of participation in a formal or informal learning activity is equal to one CPE credit. CPE credits may be claimed in increments of one-tenth of a credit, which is equal to 5 minutes of participation in a formal or informal learning activity.
(4) Credit for CPE from another jurisdiction. A licensee holding a current unrevoked CPA license issued by any other United States CPA licensing jurisdiction shall meet the requirements under subs. (1) and (2) if the licensee is in compliance with the continuing professional education or continuing professional development CPA licensing requirements of the jurisdiction in which the other license is held.
(5) Exemption for new licensees and inactive certificate holders.
(a) The requirements under sub. (1) are reduced by one-half for a compliance period during which a CPA is initially licensed during the first year of such compliance period, and do not apply to a compliance period during which a CPA is initially licensed during the second year of such compliance period.
(b) The requirements under sub. (1) do not apply to an inactive certificate holder to whom all of the following apply:
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The certificate holder does not practice as a certified public accountant within the meaning of s. 442.02 (1m), Stats.
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The certificate holder does not use the title or designation of “certified public accountant” without the word “inactive.”
(6) Certification statement. At the time of each renewal, an applicant shall sign a statement certifying that the CPE credit hours required under this section have been completed.
(7) Carryforward of CPE credits. A licensee may carry forward from one compliance period to the next consecutive compliance period a maximum of 40 CPE credits that exceed the minimum number of credits required to satisfy requirements in the earlier compliance period, which credits may represent any combination of formal and informal learning activities and shall retain their character as formal or informal learning activity credits.
(8) Carryback of CPE credits. A licensee may carry back CPE credits earned during the first 12 months of a compliance period to the immediately preceding compliance period to the extent necessary to allow the individual to satisfy the CPE requirements for such preceding period, provided the individual does not count such carryback credits to satisfy CPE requirements for more than one compliance period.
(9) Failure to complete CPE credits. A licensee who fails to complete the requirements under this section may not practice in this state as a certified public accountant until the license is renewed or reinstated under s. Accy 2.501.
(10) Limitations on claiming CPE credits.
(a) The number of CPE credits that may be claimed by an instructor, discussion leader, or speaker for preparation and presentation of a CPE learning activity may not exceed 3 times the number of credits awarded to individuals attending or participating in such CPE learning activity. CPE credits may not be claimed for any activity related to subsequent presentations of the same course unless the content has been substantially changed.
(b) CPE credits for participating in a specific learning activity may not be claimed in more than one compliance period.
(c) Successful completion of a one credit semester university or college course shall be equal to 15 CPE credits. Successful completion of a one credit quarter university or college course shall be equal to 10 CPE credits.
(d) CPE credits may not be claimed for time devoted to studying for or taking the CPA examination.
(11) Recordkeeping. A licensee shall retain documentation of each activity for which CPE credits are claimed for at least 5 years from the date on which the activity was completed.
(12) Waiver of CPE credits. The board may waive all or a portion of the CPE credits required under this section if it finds exceptional circumstances such as prolonged illness, disability, or other similar circumstances have prevented a licensee from meeting the requirements.
(13) Board authority. Subject to s. 440.035 (2), Stats., the board has the authority to determine whether CPE learning activities claimed by a CPA satisfy the requirements under this section.
History
- CR 19-049: cr. Register November 2019 No. 767, eff. 12-15-19; correction in (13) made under s. 13.92 (4) (b) 7., Stats., Register November 2019 No. 767.
Wis. Admin. Code § Accy 2.603 Criteria for acceptance of learning activities {#sec-accy-2.603 omnilex-key=us-wi-regs-official--agency-accy--Accy 2.603}
(1) Qualifying learning activities. Acceptable formats for formal and informal learning activities include all of the following:
(a) Attending lectures.
(b) Participating in online webinars and webcasts.
(c) Completing self-study courses developed by vendors.
(d) Teaching a course.
(e) Performing independent research.
(f) Listening to podcasts.
(g) Watching videos.
(h) Reading books and articles.
(i) Attending meetings.
(j) Engaging in learning activities similar to those under pars. (a) to (i) that enhance a participant’s professional growth and competence.
(2) Requirements for approval of formal learning activities. The board shall accept a formal learning activity that meets all of the following requirements:
(a) An individual’s participation can be objectively confirmed by a program sponsor.
(b) Materials describing the activity specify all of the following:
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The subject matter of the activity.
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Any prerequisites to enrollment.
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Any required advance preparation.
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The format of the activity.
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The number of CPE credits awarded by the program sponsor for participating in the activity.
(c) The program sponsor and any individual presenting or supervising the activity have education and experience qualifications appropriate for the activity to enhance the competency of learning activity participants.
(3) Requirements for approval of informal learning activities. The board shall accept an informal learning activity for which the participant has documented all of the following:
(a) The format of the activity.
(b) The date or dates on which the learning activity was performed and completed.
(c) The subject matter of the activity.
(d) The number of CPE credits claimed for participating in the activity.
(e) The materials prepared or used by the participant in connection with the learning activity. Documentation the board may accept includes all of the following:
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The title and author of a book the participant has read.
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A copy of an article the participant has read, or the title of the article and the name of the publication in which the article appeared.
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Minutes from a meeting attended by the participant.
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A program outline or handouts from a learning activity attended by the participant.
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A link to reading, video, audio, or other online learning materials or activities performed and completed by the participant.
History
- CR 19-049: cr. Register November 2019 No. 767, eff. 12-15-19; correction in (1) (intro.) made under s. 35.17, Stats., Register November 2019 No. 767.
Chapter Accy 3 ENDORSEMENT
Subchapter I Authority and Definitions
Wis. Admin. Code § Accy 3.001 Authority and purpose {#sec-accy-3.001 omnilex-key=us-wi-regs-official--agency-accy--Accy 3.001}
The rules in this chapter are adopted to interpret ss. 442.04 and 442.05, Stats.
History
- Cr. Register, February, 1980, No. 290, eff. 3-1-80; 2015 Wis. Act 217: renum. from Accy 8.01 Register May 2016 No. 725, eff. 6-1-16.
Wis. Admin. Code § Accy 3.002 Substantial equivalence {#sec-accy-3.002 omnilex-key=us-wi-regs-official--agency-accy--Accy 3.002}
Substantial equivalence does not mean identical, rather it means equivalence in substance.
History
- Cr. Register, February, 1980, No. 290, eff. 3-1-80; 2015 Wis. Act 217: renum. from Accy 8.02 Register May 2016 No. 725, eff. 6-1-16.
Subchapter II Certification by Endorsement and Reciprocity
Wis. Admin. Code § Accy 3.101 Certificate by endorsement evaluation {#sec-accy-3.101 omnilex-key=us-wi-regs-official--agency-accy--Accy 3.101}
(1) An applicant may receive a certified public accountant certificate by endorsement if the applicant satisfies one of the following requirements:
(a) The applicant meets the Wisconsin requirements for the certified public accountant certificate existing at the time of the application.
(b) The applicant provides evidence satisfactory to the board that he or she meets all of the following requirements:
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The applicant holds a current certificate as a certified public accountant issued by another state.
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The applicant has passed the uniform certified public accountant examination.
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The applicant has practiced in good standing for at least 5 years following initial licensure within the 10 years immediately preceding application under this section; or the applicant has practiced public accounting for at least 5 years following initial licensure and demonstrates that he or she has participated in a program of continuing professional education which is satisfactory to the board.
(c) The applicant has been approved under s. Accy 3.202.
(2) Educational evaluations shall be made by the board, and shall consider all evidence in satisfaction of equivalent education as submitted by the applicant in accordance with s. 442.05, Stats.
History
- Cr. Register, October, 1976, No. 250, eff. 11-1-76; renum. from Accy 7.08, Register, July, 1979, No. 282, eff. 8-1-79; am. Register, April, 1988, No. 388, eff. 5-1-88; r. and recr. (1), Register, February, 1990, No. 410, eff. 3-1-90; CR 03-071: am. (1) (b) 3. Register May 2004 No. 581, eff. 6-1-04; CR 09-100: cr. (1) (c) Register May 2010 No. 653, eff. 6-1-10; 2015 Wis. Act 217: renum. from Accy 7.05 and am. (1) (c) Register May 2016 No. 725, eff. 6-1-16.
Wis. Admin. Code § Accy 3.102 Citizenship and residency qualifications for endorsement {#sec-accy-3.102 omnilex-key=us-wi-regs-official--agency-accy--Accy 3.102}
(1) Candidates are not required to be citizens of the United States.
(2) Each candidate must qualify under Wisconsin requirements for education, experience, examination, good professional character, and professional ethics.
(3) Requirements are the same under s. 442.05, Stats., as s. 442.04, Stats., except that holders of certified public accountant certificates in good standing from other jurisdictions are permitted to qualify under experience requirements if they received their certified public accountant certificates prior to July 1, 1968, under the grandfather provisions applicable to Wisconsin candidates.
(4) Qualification under examination requirements in states with different conditional credit rules are evaluated and passed or denied based on merit for each candidate. Uniform certified public accountant examination grades are required except for candidates from states where the uniform examination had not yet been adopted at the time the individual wrote the examination. Such grades will be evaluated based on merit, and in conjunction with levels and amounts of experience.
(5) Qualification must be properly documented by the candidate with adequate evidence provided to the board.
History
- Cr. Register, February, 1980, No. 290, eff. 3-1-80; r. (2), Register, February, 1990, No. 410, eff. 3-1-90; 2015 Wis. Act 217: renum. (1) to (5) from Accy 8.04 (1), (3) to (6) Register May 2016 No. 725, eff. 6-1-16.
Wis. Admin. Code § Accy 3.103 Reciprocal credentials for service members, former service members, and their spouses {#sec-accy-3.103 omnilex-key=us-wi-regs-official--agency-accy--Accy 3.103}
A reciprocal certified public accountant certificate shall be granted to a service member, former service member, or the spouse of a service member or former service member who the board determines meets all of the requirements under s. 440.09 (2), Stats. Subject to s. 440.09 (2m), Stats., the board may request verification necessary to make a determination under this section.
History
- CR 20-042: cr. Register July 2021 No. 787, eff. 8-1-21.
Subchapter III Foreign Endorsement Candidates
Wis. Admin. Code § Accy 3.201 Foreign candidates {#sec-accy-3.201 omnilex-key=us-wi-regs-official--agency-accy--Accy 3.201}
(1) Candidates holding certifications from foreign countries shall establish their qualifications for a certificate by endorsement as set forth in ss. Accy 3.002 and 3.102, or in s. Accy 3.202.
(2) Except as provided in s. Accy 3.202, education qualifications in foreign countries are not comparable to those in Wisconsin. As no foreign school is accredited by an accrediting agency that is recognized by the secretary of the federal department of education, evidence of acceptance without deficiency into a graduate program in a school accredited by an agency that is recognized by the secretary of the federal department of education will be accepted as evidence of equivalence for a bachelor’s or higher degree.
(3) Except as provided in s. Accy 3.202, examinations in foreign countries have not been established as being comparable to those in the United States. Candidates must establish at least minimum qualifications in United States practice related to areas of business law, federal income taxes, generally accepted auditing standards, and generally accepted accounting principles. The taking of uniform certified public accountant examinations in these areas would be adequate evidence, although other evidence may be accepted if validated.
(4) Except as provided in s. Accy 3.202, experience must include practice using United States related techniques as noted in sub. (3). Experience will be considered on its merit without restriction as to where it was acquired, so long as it is relevant to United States practice.
History
- Cr. Register, February, 1980, No. 290, eff. 3-1-80; am. (intro.), Register, April, 1988, No. 388, eff. 5-1-88; am. (1), Register, August, 1992, No. 440, eff. 9-1-92; CR 03-071: am. (1) and (3) Register May 2004 No. 581, eff. 6-1-04; CR 09-100: renum. 8.04 (intro.) to (3) to be (1) to (4) and am. Register May 2010 No. 653, eff. 6-1-10; 2015 Wis. Act 217: renum. from Accy 8.04 and am. Register May 2016 No. 725, eff. 6-1-16.
Wis. Admin. Code § Accy 3.202 International mutual recognition agreement {#sec-accy-3.202 omnilex-key=us-wi-regs-official--agency-accy--Accy 3.202}
(1) In this section:
(a) “International qualification examination” means the examination prepared by the American institute of certified public accountants to test differences between the accounting standards used in the United States and the accounting standards used in other countries.
Note: The international qualification examination covers ethics, professional and legal responsibilities, business law, uniform commercial code, federal taxation and accounting issues, business structure, accounting and reporting for governmental and not-for-profit organizations, and recent regulatory issues.
(b) “International qualifications appraisal board” means the entity jointly created by the national association of state boards of accountancy and the American institute of certified public accountants to evaluate whether a professional accounting credential issued by a credentialing authority in a foreign country is substantially equivalent to the credentialing standards used in the United States.
(c) “Mutual recognition agreement” means an agreement entered into by the national association of state boards of accountancy and the American institute of certified public accountants and a foreign credentialing authority, after the equivalence of the foreign credential has been determined by the international qualifications appraisal board.
(2) The board may grant a certificate to an applicant who holds a credential issued by a signatory to a mutual recognition agreement if the applicant submits evidence that he or she has met all of the following qualifications:
(a) The foreign authority that granted the credential is a signatory to a mutual recognition agreement in effect on the date of application.
(b) The applicant’s credential issued by a foreign credentialing authority is in good standing on the date of application.
(c) The applicant has successfully completed the international qualification examination.
(d) The applicant has successfully completed the professional ethics examination in s. Accy 2.306.
History
- CR 09-100: cr. Register May 2010 No. 653, eff. 6-1-10; 2015 Wis. Act 217: renum. from Accy 8.05 and am. (2) (d) Register May 2016 No. 725, eff. 6-1-16.
Chapter Accy 4 ENFORCEMENT
Subchapter I Authority
Wis. Admin. Code § Accy 4.001 Authority {#sec-accy-4.001 omnilex-key=us-wi-regs-official--agency-accy--Accy 4.001}
The rules in this chapter are adopted pursuant to the authority in ss. 15.08 (5) (b), 227.11 (2) and 442.12, Stats.
History
- 2015 Wis. Act 217: cr. Register May 2016 No. 725, eff. 6-1-16.
Subchapter II Discipline
Wis. Admin. Code § Accy 4.101 Grounds for discipline {#sec-accy-4.101 omnilex-key=us-wi-regs-official--agency-accy--Accy 4.101}
Grounds for discipline include all of the following:
(1) Engaging in dishonesty, fraud, or deceit in obtaining a certificate or license, including submitting to the board any evidence known to be false or forged in, or in support of, an application for a certificate or license or cheating on an examination.
(2) Knowingly making misleading, deceptive, or untrue representations in the performance of services.
(3) Using the CPA title or providing attest services in this state without a certificate or license or without properly qualifying to practice across state lines.
(4) Using or attempting to use a certificate or license that has been suspended or revoked.
(5) Making any false, misleading, or deceptive statement in support of an application for a license filed by another person.
(6) Failing to comply with professional standards as to the attest or compilation competency requirements for those who supervise attest or compilation engagements and sign reports on financial statements or other compilation communications with respect to financial statements.
(7) Failing to comply with the applicable peer review requirements set out in ch. Accy 6.
(8) Engaging in conduct reflecting adversely upon the licensee’s fitness to perform services, including conduct constituting incompetence. In this subsection, “conduct constituting incompetence” includes gross negligence, recklessness, or repeated acts of negligence in the licensee’s record of professional practice.
(9) Engaging in professional practice while having any condition, whether physical or mental, that endangers the public by impairing skill and care in providing professional services. Evidence of such a condition includes evidence that the person has been adjudicated as mentally incompetent.
(10) Presenting a license issued to another person as one’s own.
(11) Concealing information regarding violations by other licensees when questioned or requested by the board.
(12) Willfully failing to file a report or record required by state or federal law; willfully impeding or obstructing the filing of such a report or record or inducing another person to impede or obstruct such filing by another person; or making or filing such a report or record that one knows to be false. A finding, adjudication, consent order, or conviction by a federal or state court, agency, or regulatory authority or by the Public Company Accounting Oversight Board that a licensee has willfully failed to file a required report or record shall be prima facie evidence of a violation of this subsection.
(13) Having an active or stayed revocation or suspension of any occupational license or other privilege to practice any licensed occupation by or before any state, federal, foreign, or other licensing or regulatory authority, provided that the grounds for the revocation or suspension include wrongful conduct such as fraud, dishonesty, or deceit or any other conduct that evidences an unfitness of the applicant to practice public accountancy.
History
- 2015 Wis. Act 217: cr. Register May 2016 No. 725, eff. 6-1-16.
Chapter Accy 5 FIRM LICENSURE
Subchapter I Application for Firm Licensure
Wis. Admin. Code § Accy 5.101 Firm license {#sec-accy-5.101 omnilex-key=us-wi-regs-official--agency-accy--Accy 5.101}
A firm shall meet the ownership requirements of s. 442.08 (2) (c) 2., Stats., and be licensed as a certified public accountant if any member of the firm practices as a certified public accountant in Wisconsin. An individual licensed as a CPA may only provide attest services, as defined in s. 442.001 (1), Stats., in a CPA firm that has a firm license.
History
- Cr. Register, May, 1974, No. 221, eff. 6-1-74; r. and recr. Register, February, 1976, No. 242, eff. 3-1-76; am. Register, April, 1986, No. 364, eff. 5-1-86; CR 03-071: am. Register May 2004 No. 581, eff. 6-1-04; 2015 Wis. Act 217: renum. from Accy 4.02 and am. Register May 2016 No. 725, eff. 6-1-16.
Wis. Admin. Code § Accy 5.102 Licensure application requirements for firms {#sec-accy-5.102 omnilex-key=us-wi-regs-official--agency-accy--Accy 5.102}
A firm that files an application for licensure shall submit an application that:
(1) Identifies each office of the firm that is located in this state.
(2) If any person who holds an ownership interest in the firm is not a licensed certified public accountant, designates an individual licensed as a certified public accountant in Wisconsin as the individual responsible for the firm’s compliance with ch. 442, Stats.
(3) Demonstrates, to the satisfaction of the department, each of the following:
(a) That all attest services provided by the firm in this state are under the charge of an individual licensed as a certified public accountant.
(b) That more than 50% of the ownership interest of the firm is held by individuals who hold certificates or licenses to practice as a certified public accountant issued under the laws of any state or foreign country.
(c) That each person who holds an ownership interest in the firm and who does not hold a certificate or license to practice as a certified public accountant is an individual who actively participates in the firm or an affiliated entity.
(d) That the applicant has satisfied the peer review requirements in s. 442.087, Stats., and ch. Accy 6.
History
- CR 03-071: cr. Register May 2004 No. 581, eff. 6-1-04; 2015 Wis. Act 217: renum. from Accy 4.037 and am. (3) (d) Register may 2016 No. 725, eff. 6-1-16.
Wis. Admin. Code § Accy 5.103 Fees {#sec-accy-5.103 omnilex-key=us-wi-regs-official--agency-accy--Accy 5.103}
Fees shall be those specified in s. 440.05, Stats.
History
- Cr. Register, May, 1974, No. 221, eff. 6-1-74; am. Register, October, 1974, No. 226, eff. 11-1-74; r. and recr. Register, December, 1978, No. 276, eff. 1-1-7; CR 03-071: renum. from Accy 4.08 Register May 2004 No. 581, eff. 6-1-04; 2015 Wis. Act 217: renum. from Accy 4.05 Register May 2016 No. 725, eff. 6-1-16.
Subchapter II Sole Proprietor
Wis. Admin. Code § Accy 5.201 Firm license required for sole proprietor {#sec-accy-5.201 omnilex-key=us-wi-regs-official--agency-accy--Accy 5.201}
An individual practicing as a sole proprietor shall be licensed as an individual. One so licensed shall also be licensed as a firm.
History
- Cr. Register, May, 1974, No. 221, eff. 6-1-74; am. Register, April, 1986, No. 364, eff. 5-1-86; CR 03-071: am. Register May 2004 No. 581, eff. 6-1-04; 2015 Wis. Act 217: renum. from Accy 4.03 Register May 2016 No. 725, eff. 6-1-16.
Subchapter III Offices; Internet Practice
Wis. Admin. Code § Accy 5.301 More than one office {#sec-accy-5.301 omnilex-key=us-wi-regs-official--agency-accy--Accy 5.301}
A firm with more than one office in Wisconsin is required to be licensed only once.
History
- Cr. Register, May, 1974, No. 221, eff. 6-1-74; CR 03-071: am. Register May 2004 No. 581, eff. 6-1-04; 2015 Wis. Act 217: renum. from Accy 4.01 Register May 2016 No. 725, eff. 6-1-16.
Wis. Admin. Code § Accy 5.302 Firms without office in this state {#sec-accy-5.302 omnilex-key=us-wi-regs-official--agency-accy--Accy 5.302}
Firms without a bona fide office in this state, as described in s. Accy 5.303 (2), may be licensed if there is a licensed Wisconsin certified public accountant designated as the individual responsible for the firm’s compliance with ch. 442, Stats., for the Wisconsin engagement or engagements.
History
- Cr. Register, May, 1974, No. 221, eff. 6-1-74; r. and recr. Register, February, 1976, No. 242, eff. 3-1-76; am. Register, February, 1992, No. 434, eff. 3-1-92; CR 03-071: renum. from Accy 4.06 and am. Register May 2004 No. 581, eff. 6-1-04; 2015 Wis. Act 217: renum. from Accy 4.04 and am. Register may 2016 No. 725, eff. 6-1-16.
Wis. Admin. Code § Accy 5.303 Out-of-state firm with a bona fide office in Wisconsin but no resident partner or stockholder {#sec-accy-5.303 omnilex-key=us-wi-regs-official--agency-accy--Accy 5.303}
(1) Out-of-state firms with a bona fide Wisconsin office, as described in sub. (2), but with no Wisconsin resident member of a firm, may be licensed to practice in Wisconsin provided that there is a licensed Wisconsin certified public accountant designated as the individual responsible for the firm’s compliance with ch. 442, Stats., and all of the members of the firm with responsibility for the Wisconsin office are licensed in Wisconsin.
(2) A bona fide office is one which has the following characteristics:
(a) Office facilities. Readily identifiable as the certified public accountant’s separate office.
(b) Supervision. Work performed by or through the office is under the direct supervision of one or more certified public accountants.
(c) Certified public accountant availability. A certified public accountant is present in the office on a regular basis and frequently.
History
- Cr. Register, February, 1976, No. 242, eff. 3-1-76; renum. to be (1) and am., cr. (2), Register, December, 1978, No. 276, eff. 1-1-79; r. and recr. (1), Register, February, 1980, No. 290, eff. 3-1-80; CR 03-071: r. (2) (d), renum. from Accy 4.06 and am. (1) Register May 2004 No. 581, eff. 6-1-04; 2015 Wis. Act 217: renum. from Accy 4.06 Register May 2016 No. 725, eff. 6-1-16.
Wis. Admin. Code § Accy 5.304 Internet practice {#sec-accy-5.304 omnilex-key=us-wi-regs-official--agency-accy--Accy 5.304}
A CPA firm offering or rendering professional services via an Internet site shall provide in the Internet site’s homepage, a name, an address, and a principal state of licensure as a means for regulators and the public to contact a responsible licensee in charge at the firm regarding complaints, questions, or regulatory compliance.
History
- 2015 Wis. Act 217: cr. Register May 2016 No. 725, eff. 6-1-16.
Subchapter IV Firm Members
Wis. Admin. Code § Accy 5.401 Change in members of a firm {#sec-accy-5.401 omnilex-key=us-wi-regs-official--agency-accy--Accy 5.401}
(1) The board shall be notified by the firm in writing of changes in the members of the firm or firm name or any of the following no later than 30 days after the change:
(a) Formation of a new firm.
(b) Termination of a firm.
(c) Change in the management of any branch office in this state.
(d) Establishment of a new branch office or the closing or change of address of a branch office in this state.
(2) The board shall be notified by a firm in writing of any addition of a partner, member, manager or shareholder or the retirement, withdrawal or death of a partner, member, manager or shareholder as of January 1 of each year.
(3) Reorganizations, mergers, or comparable changes in which a new firm is created shall make application and the new firm licensed before practice can be commenced.
History
- Cr. Register, February, 1980, No. 290, eff. 3-1-80; CR 03-071: renum. from Accy 4.11 and am. Register May 2004 No. 581, eff. 6-1-04; 2015 Wis. Act 217: renum. (title), (1) (intro.), (3) from Accy 4.07 (title), (1), (2) and am. (1) (intro.), cr. (1) (a) to (d), (2) Register May 2016 No. 725, eff. 6-1-16.
Chapter Accy 6 PEER REVIEW
Subchapter I Authority and Definitions
Wis. Admin. Code § Accy 6.001 Authority {#sec-accy-6.001 omnilex-key=us-wi-regs-official--agency-accy--Accy 6.001}
The rules in this chapter are adopted pursuant to the authority in ss. 15.08 (5) (b), 227.11 (2) and 442.087 (3), Stats.
History
- 2015 Wis. Act 217: cr. Register May 2016 No. 725, eff. 6-1-16.
Wis. Admin. Code § Accy 6.002 Definitions {#sec-accy-6.002 omnilex-key=us-wi-regs-official--agency-accy--Accy 6.002}
As used in this chapter:
(1) “Engagement review” means a peer review in which the peer reviewer evaluates and reports on engagements submitted by a firm that performs at its highest level of service, only services under SSARS, or services under the SSAE that are not included in a system review in order for the peer reviewer to determine whether the engagements submitted for review conform to applicable professional standards in all material respects.
(2) “PCAOB” means the Public Company Accounting Oversight Board that conducts firm inspection of certified public accounting firms’ Securities and Exchange Commission issuer practices and other engagements subject to its inspection process.
(3) “Peer review” means a study, appraisal, or review of one or more aspects of the attest services work of a licensee of a registered firm in the practice of public accounting, in accordance with a peer-review program, by a person or persons who hold licenses in this jurisdiction or another jurisdiction and who are not affiliated with the person or firm being reviewed.
(4)
(a) “Peer-review program” means the peer-review process developed and maintained by the American Institute of Certified Professional Accountants and administered by any of the following:
-
The Wisconsin Institute of Certified Professional Accountants.
-
A peer-review program administrator approved by a board that regulates certified public accountants in any other CPA licensing jurisdiction.
(b) “Peer-review program” includes the standards for administering, performing, and reporting on peer reviews, oversight procedures, and training and related guidance materials.
Note: The AICPA Standards for Performing and Reporting on Peer Reviews are available on the Internet at http://www.aicpa.org/Research/Standards/PeerReview/DownloadableDocuments/PeerReviewStandards.pdf.
(5) “Peer-review reports” means reports issued by the peer reviewer or peer-reviewing firm in accordance with a peer-review program and that program’s peer-review standards.
(6) “Peer-review standards” means professional standards for administering, performing, and reporting on peer reviews under a peer-review program.
(7) “Peer reviewer” means a certified public accountant or accounting firm responsible for conducting the peer review holding a valid and active license to practice public accounting in good standing issued by this jurisdiction or another jurisdiction who meets the peer reviewer requirements established in the peer-review standards.
(8) “SAS” means the Statements on Auditing Standards issued by the auditing standards board of the American Institute of Certified Public Accountants.
(9) “SSAE” means the Statements on Standards for Attestation Engagements issued by the auditing standards board of the American Institute of Certified Public Accountants.
(10) “SSARS” means the Statements on Standards for Accounting and Review Services issued by the accounting and review services committee of the American Institute of Certified Public Accountants.
(11) “System review” means a peer review in which the peer reviewer determines whether the firm’s system of quality control for its accounting and auditing practice is designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards, including the Statements on Quality Control Standards, No. 8 of the American Institute of Certified Public Accountants, in all material respects for firms that at the firm’s highest level of service, perform engagements under the SAS, Government Auditing Standards, examinations under the SSAE, or pursuant to the standards of the PCAOB not subject to permanent inspection by the PCAOB.
History
- 2015 Wis. Act 217: cr. Register May 2016 No. 725, eff. 6-1-16.
Subchapter II Firm Renewal
Wis. Admin. Code § Accy 6.101 Requirement for firm license renewal {#sec-accy-6.101 omnilex-key=us-wi-regs-official--agency-accy--Accy 6.101}
(1) An application for renewal by a certified public accounting firm that provides or offers to provide attest services shall include a description of at least one peer review of the firm undergone within 3 years preceding the application for renewal. The description shall identify the peer review program administrator, if administered by a peer-review program administrator approved by a board that regulates certified public accountants in any other CPA licensing jurisdiction, the outcome of the review, and the year under review.
(2) A firm is exempt from the peer review requirements in this section if it does not offer or perform attest services.
(3) A firm that has not offered or performed an attest service within the 3-year period preceding application for renewal shall notify the department at the time of renewal that it is exempt from the peer review requirements of this section because it has not offered or performed an attest service within the 3-year period. If a firm that has claimed the exemption in this section subsequently performs an attest service, it shall notify the board by letter that it is no longer exempt from the peer review requirement within 30 days after accepting the engagement for the attest service and that it agrees to undergo a peer review within 18 months after accepting the engagement.
Note: The following questions are intended to assist firms in determining whether a peer review is required for renewal. An affirmative response to any part of any question means that a peer review is required. Caution: This list is not exclusive. Refer to the standards if in doubt.
1. Does your firm audit SEC clients, including employer-sponsored plans required to file a form 11-K with the SEC?
2. Does your firm currently perform the following types of engagements?
• Engagements applying Statements on Auditing Standards (SASs) - Audits?
• Agreed-upon procedures?
• Engagements applying Statements on Standards for Accounting and Review Services (SSARS)?
• Reviews of financial statements?
• Compilations of financial statements with disclosures?
• Compilations of financial statements where “Selected Information-Substantially All Disclosures Required Are Not Included?”
• Compilations of financial statements that omit substantially all disclosures?
• Engagements applying Statements on Standards for Attestation Engagements (SSAE)?
• Engagements applying International Financial Reporting Standards (IFRS) or International Auditing Standards (IAS)?
• Examinations of prospective financial statements under SAARS?
• Compilations of prospective financial statements under SAARS?
• Agreed-upon procedures of prospective financial statements?
• Examinations of written assertions?
• Reviews of written assertions?
• Agreed-upon procedures of written assertions?
• Engagements under Government Auditing Standards (Yellow Book)?
• Engagements applying PCAOB Auditing Standards?
• Engagements applying PCAOB Attestation Standards?
• Work performed as subject to requirements of the AICPA peer-review program?
History
- CR 02-119: cr. Register July 2003 No. 571, eff. 8-1-03; 2015 Wis. Act 217: renum. from Accy 9.02 and am. (1), (2) Register May 2016 No. 725, eff. 6-1-16.
Subchapter III Reports
Wis. Admin. Code § Accy 6.201 Report from peer-review program {#sec-accy-6.201 omnilex-key=us-wi-regs-official--agency-accy--Accy 6.201}
The peer-review program described under s. Accy 6.002 (4) (a) 1. shall report the following to the board by December 1 of each even-numbered year:
(1) A list of the names, addresses and license numbers of all firms that have undergone peer review within the preceding 36 months.
(2) An evaluation of the effectiveness of the peer reviews.
History
- CR 02-119: cr. Register July 2003 No. 571, eff. 8-1-03; 2015 Wis. Act 217: renum. from Accy 9.03 and am. (title), (intro.) Register May 2016 No. 725, eff. 6-1-16.
Subchapter IV Conducting Peer Reviews
Wis. Admin. Code § Accy 6.303 Extensions {#sec-accy-6.303 omnilex-key=us-wi-regs-official--agency-accy--Accy 6.303}
The organization administering the peer-review program may grant extensions for completing peer reviews as long as the organization is notified by the firm within 14 days prior to the due date of the peer review. Extensions may be granted for any of the following reasons:
(1) An adverse health condition, including an illness or injury.
(2) Military service.
(3) Other good cause clearly outside of the control of the public accounting firm.
History
- 2015 Wis. Act 217: cr. Register May 2016 No. 725, eff. 6-1-16.
Wis. Admin. Code § Accy 6.304 Firm structure changes {#sec-accy-6.304 omnilex-key=us-wi-regs-official--agency-accy--Accy 6.304}
In the event a firm is merged, otherwise combined, dissolved, or separated, the organization administering the peer review shall determine which firm, if any, is considered to be the succeeding firm. The succeeding firm shall retain its peer review status and the review due date.
History
- 2015 Wis. Act 217: cr. Register May 2016 No. 725, eff. 6-1-16.
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