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CPAs are collateral damage in DOL freelance rule, Trump administration must intervene

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Following the pandemic, a dramatic shift in the American workforce has led to an explosion in freelance labor. 

More than half of people born after 1996 are self-employed, forgoing the corporate ladder in pursuit of flexibility, autonomy and a “new American dream.” Even more complex tax requirements, such as the addition of quarterly IRS payments on estimated income, haven’t dulled the movement’s momentum, with freelancers opting to enlist qualified CPAs and accountants to help shoulder the burden instead of returning to full-time employment. However, in a chilling turn for these resilient freelancers and their trusted financial advisors, new regulations by the Department of Labor now threaten to irreparably damage the gig economy.

In late October, an Atlanta court ruled in favor of a Biden administration DOL guideline reclassifying many freelancers as full-time employees. The rule, which attempts to solve the problem of sub-par benefits that have long plagued those who are self-employed, does so by forcing companies to hire their most prolific freelancers so that they may receive employer-sponsored benefits. However, by hamstringing freelancers and employers into a work style they neither fully want, the DOL’s legislative folly risks destroying the freedom to freelance altogether. Thus, it is imperative that CPAs, accountants and other tax professionals band together with freelancers to implore the incoming administration to decisively repeal these guidelines.

The vital impact of freelance work

For millions of Americans, freelancing is a ticket to economic and geographical independence, and a way to level the playing field and uplift diverse perspectives in the workforce. None of these advantages can be easily replicated in a full-time work environment. From freelance writers broadening the perspective of publications to creatives transforming an organization’s brand, these workers infuse new energy into companies every day, in addition to contributing $1.27tn in annual earnings to the US economy. 

Freelancers also contribute more in taxes than the average worker, with the addition of a 15.3% self-employment tax to fund Social Security and Medicare to the normal slate of federal, state and local tax rates paid by all full-time employees. To offset these costs and help navigate the complexities of what constitutes a deductible business expense, freelancers will often turn to a professional CPA. This is a particularly critical step considering that freelancers are audited at three times the rate of full-time employees. Thus, even as full-time employees with W2-only returns have spurned their tax preparers for online options like TurboTax, the gig economy has become an unexpected lifeline for the dwindling accounting profession.

Better solutions for freelance benefits

Despite the DOL’s misguided approach, the agency is aligned with freelancers in believing that the lack of benefits is one of the most pressing issues for freelancers today, one of the reasons why health insurance premiums are a deductible business expense on Schedule C. Without access to employer-sponsored plans, freelancers are left to fend for themselves to create a health insurance benefits package or piece together their retirement fund. They miss out entirely on many of the most prominent benefits enjoyed by full-time workers, including sick, parental and maternity leave, paid vacation, a 401(k) match and even a steady month-to-month income. 

However, the accounting profession should join freelancers in imploring the next administration to let these issues be solved by the private sector, rather than through heavy-handed government action. Startups like Catch are already developing solutions to some of the biggest pain points of freelance work, including expensive health, dental and vision insurance. By acting as an administrative companion for independent contractors, Catch offers insurance rates comparable to those offered in a corporate benefits package, but for freelancers. However, in stark contrast to the DOL’s proposal, freelancers also retain their independence. If a startup can strike a balance between providing affordable benefits to freelancers while allowing them to operate independently, surely it is not too tall an order to demand that the DOL do the same.

An action plan for freelance advocacy

Almost 40% of the entire US workforce, or 64 million Americans, performed freelance work in just the past year alone. This is a figure worth celebrating not only for gig economy workers, but for every industry that benefits from a thriving freelance community, accountants and tax professionals included. However, if the DOL rule as written is allowed to remain on the books, the number of freelancers could decline precipitously in the coming years. Given the emerging, symbiotic relationship between the gig economy and their tax preparers, the accounting profession must intervene.

Taking action starts with lobbying the incoming administration for an immediate repeal of the DOL’s current rule on Inauguration Day. However, regardless of success or failure, the accounting profession should recognize its advocacy efforts are only beginning. Given the rising prevalence of the gig economy to accountants’ bottom lines, the profession should build on its momentum and push for pro-freelance legislation throughout the years to come, especially in support of self-employment tax reform efforts

As written, the Biden administration DOL rule muddles the definition of freelance labor so that most independent contractors could conceivably be reclassified as employees. Such an expansive proposition isn’t worth the risk, and the accounting profession should join freelancers in calling for an immediate repeal in favor of a more pragmatic approach to freelance labor. To sit idly by risks negating the positive impact of a thriving gig economy on the U.S. economy and its citizens.

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Accounting

IAASB tweaks standards on working with outside experts

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The International Auditing and Assurance Standards Board is proposing to tailor some of its standards to align with recent additions to the International Ethics Standards Board for Accountants’ International Code of Ethics for Professional Accountants when it comes to using the work of an external expert.

The proposed narrow-scope amendments involve minor changes to several IAASB standards:

  • ISA 620, Using the Work of an Auditor’s Expert;
  • ISRE 2400 (Revised), Engagements to Review Historical Financial Statements;
  • ISAE 3000 (Revised), Assurance Engagements Other than Audits or Reviews of Historical Financial Information;
  • ISRS 4400 (Revised), Agreed-upon Procedures Engagements.

The IAASB is asking for comments via a digital response template that can be found on the IAASB website by July 24, 2025.

In December 2023, the IESBA approved an exposure draft for proposed revisions to the IESBA’s Code of Ethics related to using the work of an external expert. The proposals included three new sections to the Code of Ethics, including provisions for professional accountants in public practice; professional accountants in business and sustainability assurance practitioners. The IESBA approved the provisions on using the work of an external expert at its December 2024 meeting, establishing an ethical framework to guide accountants and sustainability assurance practitioners in evaluating whether an external expert has the necessary competence, capabilities and objectivity to use their work, as well as provisions on applying the Ethics Code’s conceptual framework when using the work of an outside expert.  

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Accounting

Tariffs will hit low-income Americans harder than richest, report says

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President Donald Trump’s tariffs would effectively cause a tax increase for low-income families that is more than three times higher than what wealthier Americans would pay, according to an analysis from the Institute on Taxation and Economic Policy.

The report from the progressive think tank outlined the outcomes for Americans of all backgrounds if the tariffs currently in effect remain in place next year. Those making $28,600 or less would have to spend 6.2% more of their income due to higher prices, while the richest Americans with income of at least $914,900 are expected to spend 1.7% more. Middle-income families making between $55,100 and $94,100 would pay 5% more of their earnings. 

Trump has imposed the steepest U.S. duties in more than a century, including a 145% tariff on many products from China, a 25% rate on most imports from Canada and Mexico, duties on some sectors such as steel and aluminum and a baseline 10% tariff on the rest of the country’s trading partners. He suspended higher, customized tariffs on most countries for 90 days.

Economists have warned that costs from tariff increases would ultimately be passed on to U.S. consumers. And while prices will rise for everyone, lower-income families are expected to lose a larger portion of their budgets because they tend to spend more of their earnings on goods, including food and other necessities, compared to wealthier individuals.

Food prices could rise by 2.6% in the short run due to tariffs, according to an estimate from the Yale Budget Lab. Among all goods impacted, consumers are expected to face the steepest price hikes for clothing at 64%, the report showed. 

The Yale Budget Lab projected that the tariffs would result in a loss of $4,700 a year on average for American households.

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Accounting

At Schellman, AI reshapes a firm’s staffing needs

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Artificial intelligence is just getting started in the accounting world, but it is already helping firms like technology specialist Schellman do more things with fewer people, allowing the firm to scale back hiring and reduce headcount in certain areas through natural attrition. 

Schellman CEO Avani Desai said there have definitely been some shifts in headcount at the Top 100 Firm, though she stressed it was nothing dramatic, as it mostly reflects natural attrition combined with being more selective with hiring. She said the firm has already made an internal decision to not reduce headcount in force, as that just indicates they didn’t hire properly the first time. 

“It hasn’t been about reducing roles but evolving how we do work, so there wasn’t one specific date where we ‘started’ the reduction. It’s been more case by case. We’ve held back on refilling certain roles when we saw opportunities to streamline, especially with the use of new technologies like AI,” she said. 

One area where the firm has found such opportunities has been in the testing of certain cybersecurity controls, particularly within the SOC framework. The firm examined all the controls it tests on the service side and asked which ones require human judgment or deep expertise. The answer was a lot of them. But for the ones that don’t, AI algorithms have been able to significantly lighten the load. 

“[If] we don’t refill a role, it’s because the need actually has changed, or the process has improved so significantly [that] the workload is lighter or shared across the smarter system. So that’s what’s happening,” said Desai. 

Outside of client services like SOC control testing and reporting, the firm has found efficiencies in administrative functions as well as certain internal operational processes. On the latter point, Desai noted that Schellman’s engineers, including the chief information officer, have been using AI to help develop code, which means they’re not relying as much on outside expertise on the internal service delivery side of things. There are still people in the development process, but their roles are changing: They’re writing less code, and doing more reviewing of code before it gets pushed into production, saving time and creating efficiencies. 

“The best way for me to say this is, to us, this has been intentional. We paused hiring in a few areas where we saw overlaps, where technology was really working,” said Desai.

However, even in an age awash with AI, Schellman acknowledges there are certain jobs that need a human, at least for now. For example, the firm does assessments for the FedRAMP program, which is needed for cloud service providers to contract with certain government agencies. These assessments, even in the most stable of times, can be long and complex engagements, to say nothing of the less predictable nature of the current government. As such, it does not make as much sense to reduce human staff in this area. 

“The way it is right now for us to do FedRAMP engagements, it’s a very manual process. There’s a lot of back and forth between us and a third party, the government, and we don’t see a lot of overall application or technology help… We’re in the federal space and you can imagine, [with] what’s going on right now, there’s a big changing market condition for clients and their pricing pressure,” said Desai. 

As Schellman reduces staff levels in some places, it is increasing them in others. Desai said the firm is actively hiring in certain areas. In particular, it’s adding staff in technical cybersecurity (e.g., penetration testers), the aforementioned FedRAMP engagements, AI assessment (in line with recently becoming an ISO 42001 certification body) and in some client-facing roles like marketing and sales. 

“So, to me, this isn’t about doing more with less … It’s about doing more of the right things with the right people,” said Desai. 

While these moves have resulted in savings, she said that was never really the point, so whatever the firm has saved from staffing efficiencies it has reinvested in its tech stack to build its service line further. When asked for an example, she said the firm would like to focus more on penetration testing by building a SaaS tool for it. While Schellman has a proof of concept developed, she noted it would take a lot of money and time to deploy a full solution — both of which the firm now has more of because of its efficiency moves. 

“What is the ‘why’ behind these decisions? The ‘why’ for us isn’t what I think you traditionally see, which is ‘We need to get profitability high. We need to have less people do more things.’ That’s not what it is like,” said Desai. “I want to be able to focus on quality. And the only way I think I can focus on quality is if my people are not focusing on things that don’t matter … I feel like I’m in a much better place because the smart people that I’ve hired are working on the riskiest and most complicated things.”

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