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4 irrevocable trust options as the TCJA deadline looms

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For clients waiting to see if Congress will extend or cut the lifetime gift and estate tax exclusion next year, setting up an irrevocable trust now can be a base-covering estate planning option. 

Katie L.S. Von Kohorn

Katie L.S. Von Kohorn is a partner specializing in trusts and estates and more at Casner & Edwards.

The lifetime gift and estate tax exclusion amount is scheduled to drop from $13.99 million per person in 2025 to about $7 million at the start of 2026. While Congress can preserve the larger exclusion amount by extending the Tax Cuts and Jobs Act of 2017, the budget reconciliation process — the likely avenue for passing any extension — requires that tax cuts cannot be extended beyond a “budget window,” usually 10 years, unless they are offset by other sources of revenue or spending cuts. 

Extending all the provisions in the TCJA for 10 years would add an estimated $4.6 trillion to the federal budget deficit. 

Alternatively, legislation has recently been introduced to repeal the estate tax entirely. Were it repealed, and noncitizen nonresident investors were no longer subject to U.S. estate tax on their U.S. assets over $60,000, this could make the U.S. a more attractive destination for foreign capital. However, this legislation’s passage is uncertain at best.

READ MORE: 4 estate planning tax tips for rich clients before the 2026 sunset

Given these uncertainties, clients with federally taxable estates who have not used up all of their lifetime exemption amounts should consider making gifts that use the larger exclusion amount before it has a chance to decrease from about $14 million to about $7 million. Clients could transfer as much as an extra $7 million free of the 40% estate and gift tax.

But clients may be uncomfortable making large gifts, either because they anticipate needing the assets during their lifetime or simply wish to maintain control of their funds. 

In such cases, setting up an irrevocable trust now and waiting to fund it until Congress’s willingness to extend the larger exemption amount or to repeal the estate tax becomes more apparent is a viable option. If and when the exclusion amount is reduced, clients can then fund the trust.

READ MORE: ​​Tax-favored gifts exemptions that give back — in any administration

Irrevocable trusts can maximize a client’s remaining lifetime gift tax exemption while preserving assets for descendants, and in some cases, spouses. If the generation-skipping transfer tax exemption is also allocated to an irrevocable trust, the trust can continue for multiple generations, with no estate or GST taxes due at the deaths of the beneficiaries. The amount of the gifted assets, plus any future appreciation, will be removed from the client’s estate. 

Financial advisors and CPAs urging their clients to put trust structures in place should recommend that clients act early, as estate planning attorneys may be overburdened by the second half of 2025.

It’s also important to consider which assets clients should give. Any assets given to an irrevocable trust would no longer be owned by the donor at death, so the trust would not be entitled to a step-up in basis at the donor’s death. Advisors should help clients consider this loss of basis step-up before making large gifts of highly appreciated assets. 

Alternatively, clients could make a loan of up to $14 million to family members, or to a grantor trust of which the client’s descendants are beneficiaries, and later forgive some or all of that loan, meaning the loan would be treated as a gift at the time of forgiveness.

READ MORE: Trusts are useful but complicated. Here are some basics

Here are four irrevocable trust structures to consider depending on the client’s circumstances:

Standard irrevocable trust

A client’s lifetime gifts to the trust would use some or all of their gift tax exemptions. The assets contributed to the trust would be removed from the client’s estate, and any future appreciation on those assets would pass to descendants free of estate tax.  

Spousal lifetime access trust

If a married client is worried about making substantial gifts because they might need the gifted assets for living expenses later in life, one spouse could give assets to a spousal lifetime access trust — or SLAT — for the benefit of the other spouse, and their descendants, which preserves the option for the other spouse to benefit from those assets. (There are drawbacks of this type of trust to consider as well.)

Irrevocable life insurance trust

An irrevocable life insurance trust, or  ILIT, would own a life insurance policy and any death benefit would be excluded from the client’s estate. Gifts to the trust would qualify for the annual exclusion. Life insurance trusts can also be used to provide liquidity to a client’s estate in order to pay estate taxes.

Grantor trusts

A grantor trust treats the donor, or grantor, as the owner of the trust for income tax purposes, but not for gift or estate tax purposes. The grantor pays the federal income taxes attributable to the trust income, thus allowing the trust assets to grow much faster. The grantor’s payment of the trust’s income taxes is not treated as an additional gift to the trust.

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SEC’s Semiannual Reporting Proposal Faces Investor Pushback: What CFOs Need to Know

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U.S. Securities and Exchange Commission (SEC)

A proposal from the U.S. Securities and Exchange Commission to potentially shift some public companies away from quarterly financial reporting toward a semiannual model is drawing significant pushback from investors, even as it continues moving through the regulatory process. The debate has direct implications for corporate finance teams, auditors, and the broader transparency of U.S. capital markets.

What the SEC Proposed

According to a summary published by accounting advisory firm Cohen & Co., the SEC issued a proposed rule on May 19, 2026, aimed at simplifying financial reporting requirements for many U.S. public companies. The proposal would potentially reduce the frequency of certain mandatory disclosures from quarterly to semiannual, a structural change that has not been made to core U.S. reporting requirements in decades.

The proposal follows an extended debate within U.S. policy circles, with proponents arguing that reduced reporting frequency could lower compliance costs and free up management time for longer-term strategic planning rather than quarter-to-quarter results management.

Why Investors Are Pushing Back

Comment letters submitted in response to the proposal have been extensive, and according to Cohen & Co.’s review of the public record, investors “appear to be largely opposed” to the shift, viewing frequent interim reporting as a core benefit of U.S. capital markets relative to other jurisdictions.

Accounting and law firms have taken a more measured position, generally urging any changes to remain aligned with the Financial Accounting Standards Board (FASB), whose existing disclosure requirements and guidance are built around a quarterly reporting cadence. A shift to semiannual reporting without corresponding changes to FASB guidance could create friction between SEC filing requirements and GAAP-based disclosure expectations.

Lessons From the U.K. Experience

The debate is not without precedent. The United Kingdom moved away from mandatory quarterly reporting for listed companies in 2014, returning to a semiannual disclosure requirement. According to Cohen & Co.’s analysis, that experience offers a cautionary data point: there was no measurable increase in capital expenditure or R&D investment following the change, while analyst coverage of affected companies declined as reliable interim information became less available — a particular risk for smaller and newly public companies that rely on analyst coverage to maintain investor visibility.

Practical Implications for Finance Teams

Beyond the debate over disclosure philosophy, the proposal carries practical complications. Many companies have debt covenants and credit agreements structured around quarterly financial delivery; a shift to semiannual reporting could require renegotiating those terms. Reduced reporting frequency would also extend the “window of market silence” between disclosures, a factor that governance and investor-relations teams would need to manage carefully to avoid information asymmetry.

Separately, and unrelated to the reporting-frequency debate, the SEC and FASB have continued finalizing more routine updates this year. New Accounting Standards Updates are taking effect for December 31, 2026, fiscal year-ends covering income tax disclosures, credit loss measurement, induced debt conversions, and stock compensation, according to Eide Bailly’s review of 2026 ASU activity. Additional guidance on paid-in-kind dividends and environmental credits is also on the near-term horizon.

What to Watch Next

The semiannual reporting proposal remains in the comment and review phase, and no final rule has been adopted as of this writing. Finance leaders should monitor the SEC’s regulatory agenda for further movement, while treating the current quarterly reporting requirement as the operative standard until any final rule is issued and an effective date is set.

Given the extent of investor opposition documented in the comment file, a full shift to mandatory semiannual reporting appears more likely to result in either a scaled-back compromise or continued study rather than swift adoption — though the SEC’s ultimate direction remains uncertain.

 

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AI-Driven Automation and Continuous Accounting Frameworks

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The accounting profession is undergoing a fundamental structural transition as enterprise finance departments shift from periodic month-end closes toward automated continuous accounting models. By integrating specialized machine learning algorithms directly into enterprise resource planning (ERP) platforms, chief accounting officers are transforming financial reporting from a retrospective exercise into a real-time operational asset.

The Shift from Periodic Close to Continuous Financial Reporting
Traditional accounting workflows heavily relied on manual data reconciliation, spreadsheet calculations, and multi-week closing cycles at the end of each fiscal period. In contrast, continuous accounting frameworks utilize automated software agents to process, validate, and post transactional data in real time as business activities occur.

Automated bank reconciliation tools cross-reference incoming bank feeds, invoice records, and purchase orders automatically. By resolving transactional variances instantly throughout the month, corporate accounting teams eliminate the traditional workload spikes associated with quarterly and annual closes.

Machine Learning in Audit Trails and Anomaly Detection
Advanced natural language processing (NLP) and machine learning tools are redefining internal audit and financial control environments. Automated systems analyze 100% of general ledger entries, identifying anomalous transactions, duplicate payments, and unauthorized journal entries in real time.

Rather than relying on random statistical sampling, corporate internal auditors can focus their attention on high-risk flags automatically surfaced by algorithmic monitoring platforms. This continuous risk assessment strengthens internal controls over financial reporting (ICFR) and significantly reduces fraud risk.

Evolving Roles for Accounting Professionals
As routine data entry and manual reconciliation tasks become fully automated, the skill set required for accounting professionals is shifting toward data analysis, system design, and strategic business advisory.
– Systems Governance: Accountants are increasingly responsible for monitoring algorithmic accuracy and managing data integration pipelines.
– Business Partnership: Finance professionals leverage real-time financial dashboards to advise operational leaders on margin management and working capital allocation.
– Regulatory Compliance Management: Accounting teams utilize automated platforms to ensure compliance with dynamic tax codes and international accounting standards.

Core Implementation Recommendations
1. Deploy Automated Reconciliation Tools: Integrate continuous transaction processing modules into existing enterprise ERP architectures.
2. Establish Algorithmic Governance Controls: Implement strict internal testing protocols to ensure automated accounting rules comply with GAAP/IFRS standards.
3. Reskill Accounting Teams: Invest in training finance staff on data analytics, workflow automation, and predictive financial modeling.

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Accounting

Global ESG Reporting Standards and Double Materiality Compliance

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Corporate accounting departments face expanding reporting expectations as international sustainability disclosure standards achieve regulatory enforcement across major global jurisdictions. Chief Accounting Officers (CAOs) and corporate controllers are establishing rigorous internal accounting controls to treat Environmental, Social, and Governance (ESG) metrics with the same data precision, auditability, and governance as traditional financial statements.

Regulatory Harmonization Under Global Sustainability Frameworks
The implementation of standardized sustainability reporting frameworks—notably rules established by international sustainability accounting boards—has created unified expectations for public and large private enterprises. Corporations must report standardized metrics covering greenhouse gas emissions (Scope 1, 2, and material Scope 3), energy utilization, workforce demographics, and supply chain governance.

In Europe and other participating international jurisdictions, double materiality principles are mandatory. Under double materiality, organizations must report both how external sustainability risks impact corporate financial performance, and how internal corporate operations affect surrounding environmental and social structures.

Integrating Sustainability Metrics into Core ERP Systems
To provide auditable non-financial data, enterprise organizations are integrating specialized carbon accounting and ESG management platforms directly into core ERP systems. Automated data collectors capture energy utility invoices, logistics fuel consumption metrics, and vendor compliance records in real time.

Establishing automated, traceable data pipelines ensures that non-financial reporting is supported by clear audit trails. This structured approach allows external financial auditors to provide reasonable assurance on sustainability disclosures during annual corporate reporting cycles.

Financial Impacts and Capital Market Disclosure
Accurate ESG reporting directly influences corporate cost of capital and institutional credit ratings. Commercial lenders and institutional asset managers systematically incorporate sustainability metrics into risk pricing models. Companies that demonstrate transparent, verifiable progress in operational energy efficiency and climate risk mitigation benefit from expanded access to green bond markets and lower debt pricing.

Action Steps for Accounting Leadership
1. Implement Double Materiality Frameworks: Conduct comprehensive assessments to identify material financial and operational sustainability metrics.
2. Build Auditable Non-Financial Data Pipelines: Automate ESG data collection within core accounting software to ensure data integrity.
3. Align Sustainability with Annual Financial Filings: Prepare non-financial disclosures concurrently with financial statements to satisfy regulatory audit expectations.

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