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Tax Strategy: The IRS and the new Trump administration

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It is not surprising that a new Republican administration in the White House would create issues for the Internal Revenue Service. Past Republican administrations tended to starve the IRS for funds, resulting in a decline in audit activity and customer service. 

The new administration will have a new Treasury secretary and a new IRS commissioner. New executive orders have already had an impact on the IRS. The last Trump administration placed limits on new federal regulations, and the IRS has been active since the November election in promulgating new regulations. The new Treasury Secretary, Scott Bessent, has indicated that his top priority is extension of the expiring provisions of the Tax Cuts and Jobs Act, many of which expire at the end of 2025.

Executive orders

One executive order of the new administration has placed a freeze on almost all federal hiring. For most federal departments, the freeze only lasts long enough for the departments to prepare plans justifying additional hiring. For the IRS, however, not only the Treasury secretary but also Musk’s Department of Government Efficiency are required to approve any resumption in IRS hiring. The agency has been forced to revoke hiring offers to new graduates and others. Legislation has already reduced the $80 billion in funding the IRS received under the Inflation Reduction Act by $40 billion. 

An executive order also directed withdrawal of any U.S. support for the Organization of Economic Development’s Pillar One and Pillar Two initiatives on international taxation to address base erosion and profit-shifting and a minimum corporate tax. The primary concern of the administration is that countries might be able to tax a multinational corporation doing business in the country if it was not paying at least a minimum corporate tax.

The executive order on Schedule F reclassification of federal workers, if upheld in the courts, could expose more IRS employees to termination by removing their protected status as Civil Service employees.

Scott Bessent, founder and CEO of Key Square Group LP and Treasury Secretary nominee, during a Senate Finance Committee confirmation hearing
Scott Bessent during a Senate Finance Committee confirmation hearing

Kent Nishimura/Bloomberg

The Tax Cuts and Jobs Act

Republicans in Congress are still working on how to approach extension of the expiring provisions of the Tax Cuts and Jobs Act. The House is focused on one budget reconciliation bill that would address both border and tax issues, while the Senate would prefer two reconciliation bills, with the tax bill coming later in the year. 

There is also some debate about whether extending existing provisions of the Tax Code requires revenue offsets in the legislation. Some Republicans are concerned about adding too much to the federal deficit, and the Republicans need to hold almost all Republican votes together to pass a budget reconciliation bill with a simple majority in both chambers of Congress. The narrow majorities might also force Congress to raise the $10,000 limit on the state and local tax deduction to gain the support of Republicans from New York and other high tax states. 

There are also a few business provisions in the Tax Cuts and Jobs Act that started phasing down a few years ago: the expensing of bonus depreciation, the limitation on the business interest deduction, and the research and experimentation expense deduction. Efforts to renew those through last year had proposed retroactivity back to the start of the phase-downs. If those are still retroactive in the tax legislation this year, the changes could retroactively impact 2024 tax returns as well as earlier returns.

IRS regulations

As is common at the end of the year, the IRS released a lot of regulations at the end of the 2024, but also in January before President Trump was sworn in. The first Trump administration had placed restrictions on issuing new federal regulations. Some of the regulatory effort may have been a guard against further regulatory restrictions. IRS regulations are somewhat usual in that regard since taxpayers are often hoping for the issuance of new regulations to provide guidance on ambiguous provisions of tax law, while many other federal regulations may be viewed as a burden to business.

Many of the recently promulgated regulations relate to the clean energy provisions of the Inflation Reduction Act. At the end of 2024 and beginning of 2025, final regulations were issued on:

  • The definition of “energy project” for purposes of the Energy Investment Credit; 
  • The Clean Hydrogen Production Credit and Energy Property Election; 
  • The Clean Electricity Production and Clean Electricity Investment Credits; and,
  • The allocation of the low-income community bonus credit for the Code Sec. 48E Clean Energy Investment Credit.

Plus, proposed regulations were issued on the emission rules for the Code Sec. 45Z Clean Fuel Production Credit, and on the Code Sec. 45W Commercial Clean Vehicle Credit. 
The authorization in the Inflation Reduction Act of a study on direct filing of tax returns with the IRS has resulted for 2024 in a Direct File trial program involving 25 states. Republicans seem generally opposed to the Direct File program, although Secretary Bessent has said that it is safe at least for the current filing season.

President Trump has discussed eliminating many of these clean energy credits, especially those related to electric vehicles, although Republicans in some states that benefit from certain of the credits may push for their survival.

Recent regulations in the crypto area include final regulations on digital asset reporting by front-end brokers and final and proposed regulations on digital content and closed transactions. President Trump has also expressed support for the crypto industry, although it is not clear how he views these reporting requirements.

Other recent regulations include:

  • Proposed regulations on the Previously Taxed Earnings Credit and basis adjustments; 
  • Final regulations on retirement of tax-exempt bonds; 
  • Final regulations on supervisory approval of penalties; 
  • Final regulations on partnership basis-shifting transactions as reportable transactions; 
  • Final regulations on certain disregarded payments and dual consolidated losses; 
  • Final regulations on the resolution of federal tax controversies;
  • Proposed regulations implementing catch-up contribution changes; 
  • Proposed regulations on the executive compensation deduction limit; 
  • Proposed regulations on corporate separation, incorporation and reorganization matters; and,
  • Final regulations on micro-captive transactions and transactions of interest.

Other issues

Congressional legislation has authorized the expansion of Form 1099-K reporting by third-party payment providers of transactions more than $600. The IRS has been delaying implementation of this requirement, and, for 2024, is only requiring reporting of transactions involving more than $5,000 ($2,500 in 2025 and $600 in 2026). Some Republicans have proposed restoring the old $20,000-and-200-transactions limit, or at least keeping it from falling to $600.

President Trump has suggested setting up a separate External Revenue Service to deal with tariff issues.

Summary

The generous funding that the IRS has enjoyed for the last few years seems likely to be coming to an end, perhaps along with improvements in customer service, audits and collections, and system upgrades. 

The current tax filing season should be relatively normal; however, the future beyond that is hard to predict. It is likely that significant tax legislation will pass this year; however, with the thin Republican majorities and deficit concerns, the scope of that legislation and possible revenue raisers are also hard to predict. Tariffs may not count as revenue raisers; however, their presence may make some Republicans more comfortable with adding to the deficit in extending Tax Cuts and Jobs Act provisions.

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IRS reduced workforce 11% so far, TIGTA reports

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More than 11,400 Internal Revenue Service employees have either received termination notices as probationary employees or voluntarily resigned, representing an 11% reduction to the agency’s workforce, according to a report released Monday by the Treasury Inspector General for Tax Administration. 

In February, the IRS had around 103,000 employees, but that number has dropped by about 11% due to a series of executive orders from President Trump since his inauguration in January and the downsizing instigated by the Elon Musk-led Department of Government Efficiency, also known as the U.S. DOGE Service. Specifically, 7,315 probationary employees received termination notices, according to the report, and 4,128 employees were approved to accept the Deferred Resignation Program, a voluntary buyout program offered by the Trump administration, which has been rolled out in phases to IRS employees amid court challenges and appeals. Another 522 employees are pending approval under the program.

Monday’s report was TIGTA’s first on IRS workforce reductions and it focuses on the probationary employees identified for termination and the employees who voluntarily participated in the initial Deferred Resignation Program. TIGTA plans to periodically update the report to highlight further reductions, including the impacts of the second Deferred Resignation Program and Reductions in Force. The DRP allowed federal employees to voluntarily resign with pay through Sept. 30, 2025.  

In conjunction with the reduction in force, the IRS is offering three voluntary separation programs: the Treasury Deferred Resignation Program will mirror the benefits of the first DRP offering; the Voluntary Separation Incentive Payment; and the Voluntary Early Retirement Authority. In April, the IRS extended the TDRP offer to its employees. According to the IRS, over 23,000 employees have applied for the TDRP, and 13,124 were approved as of April 22. 

The report includes a look at the IRS business units affected by the layoffs and voluntary departures. The separations disproportionately impacted employees in certain positions. For example, approximately 31% of revenue agents left the IRS under the program, while 5% of information technology management departed. Revenue agents conduct examinations and audits by reviewing the financial records of individuals and businesses to verify what is reported, and they can work in several IRS business units examining different types of taxpayers. 

The Tax-Exempt/Government Entities division lost 31% of its staff, representing 694 employees, while the Large Business and International division lost 25%, or 1,733 employees. The Small Business/Self-Employed division lost 23% of its staff, or 5,765 employees. In contrast, 7% of the Human Capital Office (207 employees), 5% of IT (450 employees) and 4% of taxpayer services (1,714 employees) were affected.

In March, a federal court ruled that the probationary employees needed to be reinstated. The IRS recalled the terminated employees but put them on paid administrative leave. There have since been various court cases challenging the terminations and reinstatements. “Currently, it is unclear what the final disposition will be for probationary employees who received termination notices.” 

Most of the 7,315 probationary employees who received termination notices had less than one year experience with the IRS, according to the report, and 6,669 employees had one year of service or less, while 615 employees had between one and five years of service, and 31 employees had more than five years of service. 

“The termination of probationary employees will have a greater impact on certain age groups within the IRS workforce,” said the report. The probationary employees who received termination notices tended to be under the age of 40, including 549 probationary employees who were less than 25 years old, representing 14% of all IRS employees in that age group. 

Various estimates have been given of the number of IRS employees who will ultimately be affected by the layoffs, ranging from about 20% to 50%. The budget proposal released last week by the Trump administration would cut $2.5 billion from the IRS budget, following on the heels of clawbacks of about half of the $80 billion in extra funding that was supposed to be provided to the IRS under the Inflation Reduction Act of 2022.

Amid all the turmoil this year, the IRS has also seen a number of high-profile departures, including former commissioner Danny Werfel and former acting commissioners Douglas O’Donnell, Melanie Krause and Gary Shapley.

Some former IRS employees and government accountants may be attractive hires by accounting firms and departments that need to fill their ranks amid the ongoing talent shortage.

“We’re certainly seeing more interest in the hiring of former IRS employees and government accountants in conversations we’re having with clients, and this tracks given the current talent shortage in both the finance and accounting fields,” said Kyle Allen, executive vice president of sales and recruiting for Vaco by Highspring, a recruiting and staffing firm. “These folks bring strong regulatory and audit experience to the table, and their insider knowledge of tax compliance is a big plus for private companies. They can often jump into roles like compliance or advisory work quickly, which is a huge benefit. It’s not a silver bullet for the talent gap, but having more qualified professionals in the mix is definitely a step in the right direction.” 

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Accounting

Eide Bailly merges in Hamilton Tharp

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Eide Bailly, a Top 25 Firm based in Fargo, North Dakota, is expanding its presence in Southern California by adding Hamilton Tharp LLP. a firm headquartered in Solana Beach, its third M&A deal in a week.

Hamilton Tharp dates back over 45 years and provides services such as tax planning, trust and estate consulting, family office solutions and accounting to clients in the biotech, real estate and health care industries.

“Bringing Hamilton Tharp into Eide Bailly is an exciting step forward in our continued growth,” said Eide Bailly managing partner and CEO Jeremy Hauk in a statement Monday. “Their strong client relationships, deep technical expertise, and commitment to personalized service align seamlessly with our values. We’re proud to join forces with a team that shares our passion for helping clients thrive.”

Financial terms of the deal were not disclosed. Eide Bailly ranked d No. 19 on Accounting Today‘s 2025 list of the Top 100 Firms, with $704.98 million in annual revenue, approximately 387 partners and over 3,500 employees. The Hamilton Tharp team includes four partners and 14 staff members. 

“While this is a relatively small acquisition in terms of size, the real significance lies in the strategic value it brings to Eide Bailly,” said a spokesperson. “This move strengthens our presence in California — particularly in the Solana Beach area — and reflects our continued commitment to serving clients throughout the state with a local, personalized approach backed by the resources of a top 25 CPA and advisory firm.”

Hamilton Tharp managing partner Tina Tharp wanted to expand her firm’s services for clients and create provide more growth opportunities for staff while staying true to their culture. “We were intentional about finding the right fit,” Tharp said in a statement. “Eide Bailly brings the scale and expertise we were looking for, but just as importantly, they share our values and people-first approach.” 

Last week, Eide Bailly announced two other M&A deals: with Roycon, a Salesforce consulting  firm based in Austin, Texas, and Volpe Brown & Co., a firm headquartered in North Canton, Ohio. Eide Bailly expanded to Ohio last year by merging in Apple Growth Partners. Last year, Eide Bailly also sold its wealth management practice to Sequoia Financial Group. In 2023, Eide Bailly added Secore & Niedzialek PC in Phoenix, Raimondo Pettit Group in Southern California, Bessolo Haworth in California and Washington State, Spectrum Health Partners in Franklin, Tennessee, and King & Oliason in Seattle. In 2022, it merged in Seim Johnson in Omaha, Nebraska, and in 2021, PWB CPAs & Advisors in Minnesota. In 2020, it added Mukai, Greenlee & Co. in Phoenix, HMWC CPAs in Tustin, California, and Platinum Consulting in Fullerton.

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Accounting

Art of Accounting: The most important issue facing the profession

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Complimentary Access Pill

Enjoy complimentary access to top ideas and insights — selected by our editors.

The most important issue is staff recruitment, training, retention and work conditions. While each of these is a separate issue, the whole staff issue is a neglected area when it should be the top area of concern. This has been so since I started practicing, and I am perplexed that meaningful actions are not taken to remedy the situation. I did, and many firms do, and they are much more successful than the others, but too many do not deal realistically with this.

Recruitment: Starting salaries have not kept up with overall business conditions, and I do not believe they have remained competitive when about 15 years ago they were at the top of the curve. This can be easily corrected by firms increasing their starting salaries. Many refer to the added 30 credits as a hindrance, but I don’t believe this is a more important objection than the lower starting salaries being offered. Staff recognize having master’s degrees as an enhancement that makes themselves more valuable and they feel good about it … after they get their degree.

Training: Training is a significant area and is done by many firms, particularly smaller practices, as a cookie cutter obligatory process, not focused on the staff person’s responsibilities and expected work assignments. Firms send staff to available CPE courses when they should be developing customized CPE, either in their firm or in partnership with similar firms or through their state society committees. (I’ve done all of these and it works.) Firms also need to become training organizations using error disclosure as immediate training opportunities and deliberate on-the-job training by everyone in a supervisory position. Firms’ cultures have to be to train and develop. In conjunction with this, all supervisors need to be trained on how to train.

Retention: Turnover is terrible. Two years ago, a Big Four firm had 25% staff turnover. Last year it was 17% (and they were voted one of the Top 100 best places to work both years! Huh?). Many firms neglect “marketing” the benefits of working for them and take the current staff for granted. Retention needs a deliberate effort by every supervisor, manager, partner and owner. It needs work and will pay the best dividends. This effort might not stop a person from leaving, but it could retain them for an extra year or more. An attitude that you want them to stay forever also helps.

Work conditions: Tax season hours are untenable at most firms, while some larger firms maintain tax season conditions after tax season ends or add mini periods of extended hours. In my own informal and unofficial exit polls, most people provide as the primary reason for leaving a lack of work-life balance. I know people from top 10 firms that leave public accounting for reasons that indicate a complete noncompliance by their employers with the stated “favorable work-life and caring atmosphere and culture” in those firms’ recruitment brochures. Firms show a total lack of attention to this.  

Solution: This is an industry problem, but it can only be solved one firm at a time. My solution is to acknowledge the problem at your practice and then make every change necessary to eliminate that problem. You might not be able to do it immediately, but you can start immediately and work on these issues as they come up while starting a serious and meaningful training program. Every change needed can be implemented within a year. Let that year start now!

Do not hesitate to contact me at [email protected] with your practice management questions or about engagements you might not be able to perform. 

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