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2025 tax planning: The four boxes you need to check

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Agility and planning are king in the world of taxes. As the tax regulatory landscape continues to evolve in the U.S. and the world, it is critical that tax teams are thinking ahead and checking the boxes for a successful tax year in 2025.

Transfer pricing enforcement: The IRS brings the hammer

On Oct. 20, 2023, the IRS announced it would increase its compliance efforts to ensure that U.S.-owned multinational enterprises (MNEs) that distribute goods in the U.S. “pay their fair share of taxes on the profits they earn from their U.S. activities.” 

What does this mean for your business? Ultimately, you and your team should be prepared for the IRS to become more aggressive on stamp transactions and assert transfer pricing penalties, especially in the absence of thorough and comprehensive transfer pricing documentation studies.

In addition, the IRS is taking swift action to close gaps following decades of budget cuts. Large foreign-owned and U.S.-owned corporations should be prepared for a more aggressive battle with the IRS and work with industry experts who understand the ins and outs of audit-ready compliance deliverables. Furthermore, the IRS has announced that some foreign-owned companies are reporting losses or exceedingly low margins, which can be driven by transfer pricing. Foreign-owned distributors should be prepared for audits and implement internal procedures to monitor intercompany pricing.

Global minimum tax (yes, we are still talking about it)

While you’re likely tired of discussing the global minimum tax, it’s a critical component of your tax preparations. The Global Anti-Base Erosion Model Rules under the Organisation for Economic Co-operation and Development’s Pillar Two seeks to introduce a minimum effective corporate tax rate of at least 15%.

As countries prepare to implement these concepts in their local tax regulations, tax professionals must navigate the complexities of compliance, including the intricacies of determining effective tax rates and understanding how the minimum tax interacts with local tax laws. The adoption of the global minimum tax could reshape corporate tax planning strategies, requiring tax advisors to rethink approaches to cross-border transactions, transfer pricing and risk assessment, all while staying attuned to evolving legislative developments and the implications for their clients’ international operations.

Using technology to inform accurate data, planning opportunities and compliance are a few strategies that can set your company up for success. Continually assessing and monitoring these complex and evolving concepts will be critical as companies move into 2025.

The IRS GLAM on financial transactions

On Dec. 29, 2023, the IRS issued General Legal Advice Memorandum (GLAM) AM 2023-008 titled “Effect of Group Membership on Financial Transactions under Section 482 and Treas. Reg §1.482-2(a).”

The GLAM provides nonbinding legal guidance with respect to the effects of group membership on related party financial transactions under Section 482. The GLAM provides guidance which aligns with the IRS’ position in various controversies in this area and highlights the importance of obtaining outside technical advice in this area. 

Transfer pricing and sustainability go hand in hand

When it comes to sustainability and transfer pricing, there is not a one-size-fits-all approach. Partnering with a trusted and experienced transfer pricing team that can advise you on models that reflect sustainable practices, such as eco-friendly production processes or ethically sourced materials, is a valuable way to build a company’s sustainability hub, or microbusiness, within its current organization.

Furthermore, regulatory developments around transfer pricing are increasingly emphasizing transparency and accountability. This shift encourages companies to disclose more information about their environmental impact and to consider how their pricing strategies affect local communities and ecosystems. As a result, businesses that proactively integrate sustainability into their transfer pricing practices may enhance their reputation, mitigate risks, and create long-term value while appealing to a growing base of environmentally conscious consumers and investors.

As your tax team prepares for compliance in 2025, considering and planning for the multifaceted challenges and opportunities presented by transfer pricing, IRS enforcement, GLAM and sustainability is essential. Establishing strategies that meet regulatory requirements as well as your organization’s needs will serve your team well as it navigates the international tax landscape.

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Accounting

FASB proposes guidance on accounting for government grants

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The Financial Accounting Standards Board issued a proposed accounting standards update Tuesday to establish authoritative guidance on the accounting for government grants received by business entities. 

U.S. GAAP currently doesn’t provide specific authoritative guidance about the recognition, measurement, and presentation of a grant received by a business entity from a government. Instead, many businesses currently apply the International Financial Reporting Standards Foundation’s International Accounting Standard 20, Accounting for Government Grants and Disclosure of Government Assistance, by analogy, at least in part, to account for government grants.

In 2022 FASB issued an Invitation to Comment, Accounting for Government Grants by Business Entities—Potential Incorporation of IAS 20, Accounting for Government Grants and Disclosure of Government Assistance, into GAAP. In response, most of FASB’s stakeholders supported leveraging the guidance in IAS 20 to develop accounting guidance for government grants in GAAP, believing it would reduce diversity in practice because entities would apply the guidance instead of analogizing to it or other guidance, thus narrowing the variability in accounting for government grants.

Financial Accounting Standards Board offices with new FASB logo sign.jpg
FASB offices

Patrick Dorsman/Financial Accounting Foundation

The proposed ASU would leverage the guidance in IAS 20 with targeted improvements to establish guidance on how to recognize, measure, and present a government grant including (1) a grant related to an asset and (2) a grant related to income. It also would require, consistent with current disclosure requirements, disclosure about the nature of the government grant received, the accounting policies used to account for the grant, and significant terms and conditions of the grant, among others.

FASB is asking for comments on the proposed ASU by March 31, 2025.

“It will not be a cut and paste of IAS 20,” said FASB technical director Jackson Day during a session at Financial Executives International’s Current Financial Reporting Insights conference last week. “First of all, the scope is going to be a little bit different, probably a little bit more narrow. Second of all, the threshold of recognizing a government grant will be based on ‘probable,’ and ‘probable’ as we think of it in U.S. GAAP terms. We’re also going to do some work to make clarifications, etc. There is a little bit different thinking around the government grants for assets. There will be a deferred income approach or a cost accumulation approach that you can pick. And finally, there will be different disclosures because the disclosures will be based on what the board had previously issued, but it does leverage IAS 20. A few other things it does as far as reducing diversity. Most people analogized IAS 20. That was our anecdotal findings. But what does that mean? How exactly do they do that? This will set forth the specifics. It will also eliminate from the population those that were analogizing to ASC 450 or 958, because there were a few of those too. So it will go a long way in reducing diversity. It will also head down a model that will be generally internationally converged, which we still think about. We still collaborate with the staff [of the International Accounting Standards Board]. We don’t have any joint projects, but we still do our best when it makes sense to align on projects.”

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Accounting

In the blogs: Questions for the moment

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Fighting scope creep; QCDs as the year ends; advising ministers; and other highlights from our favorite tax bloggers.

Questions for the moment

  • CLA (https://www.claconnect.com/en/resources?pageNum=0): One major question of the moment: What can nonprofits expect from future federal tax policies?
  • Mauled Again (http://mauledagain.blogspot.com/): Not long ago, about a dozen states would seize property for failure to pay property taxes and, instead of simply taking their share of unpaid taxes, interest, and penalties and returning the excess to the property owner, they would pocket the entire proceeds of the sales. Did high court intervention stem this practice? Not so much.
  • TaxConnex (https://www.taxconnex.com/blog-): What are the best questions to pin down sales tax risk and exposure?
  • Current Federal Tax Developments (https://www.currentfederaltaxdevelopments.com/): In Surk LLC v. Commissioner, the Tax Court was presented with the question of basis computations related to an interest in a partnership. The taxpayer mistakenly deducted losses that exceeded the limitation in IRC Sec. 704(d), raising the question: Should the taxpayer reduce its basis in subsequent years by the amount of those disallowed losses or compute the basis by treating those losses as if they were never deducted?

Creeping

On the table

  • Don’t Mess with Taxes (http://dontmesswithtaxes.typepad.com/): What to remind them, as end-of-year planning looms, about this year’s QCD numbers.
  • Parametric (https://www.parametricportfolio.com/blog): If your clients are using more traditional commingled products for their passive exposures, they may not know how much tax money they’re leaving on the table. A look at possible advantages of a separately managed account. 
  • Turbotax (https://blog.turbotax.intuit.com): Whether they’re talking diversification, gainful hobby or income stream, what to remind them about the tax benefits of investing in real estate.
  • The National Association of Tax Professionals (https://blog.natptax.com/): Q&A from a recent webinar on day cares’ unique income and expense categories.
  • Boyum & Barenscheer (https://www.myboyum.com/blog/): For larger manufacturers, compliance under IRC 263A is essential. And for all manufacturers, effective inventory management goes beyond balancing stock levels. Key factors affecting inventory accounting for large and small manufacturing businesses.
  • U of I Tax School (https://taxschool.illinois.edu/blog/): What to remind them — and yourself — about the taxation of clients who are ministers.
  • Withum (https://www.withum.com/resources/): A look at the recent IRS Memorandum 2024-36010 that denied the application of IRC Sec. 245A to dividends received by a controlled foreign corporation.

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Accounting

PwC funds AI in Accounting Fellowship at Bryant University

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PwC made a $1.5 million investment to Bryant University, in Smithfield, Rhode Island, to fund the launch of the PwC AI in Accounting Fellowship.

The experiential learning program allows undergraduate students to explore AI’s impact in accounting by way of engaging in research with faculty, corporate-sponsored projects and professional development that blends traditional accounting principles with AI-driven tools and platforms. 

The first cohort of PwC AI in Accounting Fellows will be awarded to members of the Bryant Honors Program planning to study accounting. The fellowship funds can be applied to various educational resources, including conference fees, specialized data sheets, software and travel.

PwC sign, branding

Krisztian Bocsi/Bloomberg

“Aligned with our Vision 2030 strategic plan and our commitment to experiential learning and academic excellence, the fellowship also builds upon PwC’s longstanding relationship with Bryant University,” Bryant University president Ross Gittell said in a statement. “This strong partnership supports institutional objectives and includes the annual PwC Accounting Careers Leadership Institute for rising high school seniors, the PwC Endowed Scholarship Fund, the PwC Book Fund, and the PwC Center for Diversity and Inclusion.”

Bob Calabro, a PwC US partner and 1988 Bryant University alumnus and trustee, helped lead the development of the program.

“We are excited to introduce students to the many opportunities available to them in the accounting field and to prepare them to make the most of those opportunities, This program further illustrates the strong relationship between PwC and Bryant University, where so many of our partners and staff began their career journey in accounting” Calabro said in a statement.

“Bryant’s Accounting faculty are excited to work with our PwC AI in Accounting Fellows to help them develop impactful research projects and create important experiential learning opportunities,” professor Daniel Ames, chair of Bryant’s accounting department, said in a statement. “This program provides an invaluable opportunity for students to apply AI concepts to real-world accounting, shaping their educational journey in significant ways.”

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