Connect with us

Accounting

Acting SEC chair remakes agency before Trump pick confirmed

Published

on

President Donald Trump’s nominee to lead the agency that regulates Wall Street has yet to be confirmed, but the sweeping changes to the watchdog from his temporary stand-in are starting to pile up.

Within a day of becoming interim chief of the Securities and Exchange Commission in January, Mark Uyeda made his first public move: starting a revamp to the regulator’s approach to cryptocurrencies, once a major source of agency battles. It was the first of many changes at the regulator under the acting chair, and a sign of things to come.

In less than two months, the regulator has not only dropped more than 10 high-profile crypto-enforcement cases, but also rolled back deadlines to comply with three new rules, declared most memecoins exempt from securities laws, made it easier for companies to reject shareholder proposals and ended litigation of landmark climate-reporting regulations.

Trump and his wife, Melania, launched their own memecoins — volatile digital tokens with no underlying assets or obvious practical purpose — in January. He also has ties to crypto project World Liberty Financial, which said this week it had raised a total of $550 million in gross proceeds.

The SEC’s early moves signal that the expected policy U-turn under Trump will be even more dramatic than during the president’s first administration. After Gary Gensler, former President Joe Biden’s SEC chair, pursued an aggressive agenda that won many enemies on Wall Street, much of that effort is being rolled back.

“You have businesses to run, you don’t exist to respond to SEC proposals,” Uyeda said at a recent conference for chief financial officers. His remarks echoed a speech from the previous week, when he described the SEC returning to its “narrow mission to facilitate capital formation, while protecting investors and maintaining fair, orderly and efficient markets.”

Uyeda’s “focus is on ensuring the capital markets can facilitate competitiveness and the ingenuity of American industry,” an SEC spokesperson said.

It’s not just a policy and rulemaking shift. Cuts to the federal workforce and curbs on the SEC’s power via an executive order that requires White House approval of new regulations from independent agencies means the watchdog is getting a major shakeup.

‘Dramatic’ changes

“There has never been anything this dramatic or far-reaching as what you’re seeing now,” said Joel Seligman, a law professor at the University of Washington in St. Louis and SEC historian. 

The agency has to proceed carefully, Seligman and four other academics warned in a public letter published this month. Staffing cuts and fewer eyes on the markets didn’t bode well during the 2008 financial crisis, they said, and market players may take advantage of investors if they perceive the SEC as weak or too overloaded to take on enforcement actions.

“With growing concern, we fear that we are watching the SEC face a death by 1,000 cuts,” the professors wrote. “The end result might be a shell of its former self, as the SEC becomes an agency with little power, capacity or independent judgement.”

The SEC declined to comment on the letter, the spokesperson said.

While Uyeda is merely acting chairman of the SEC, he’s seen as smoothing the path for Trump’s nominee to lead the Wall Street regulator permanently: the libertarian-leaning Paul Atkins, who served as SEC commissioner from 2002 to 2008. Uyeda has been with the SEC since 2006, and once served as senior adviser to Atkins.

While the Senate Banking Committee has yet to finalize a date for Atkins’s confirmation hearing, it’s looking to hold it on March 27, said a person with knowledge of the matter who asked not to be identified discussing information that isn’t public. Atkins has yet to file his final financial disclosures, the person said.

The Senate committee is working to quickly consider Trump’s nominees, a spokesperson said. Atkins didn’t immediately respond to a request for comment. 

Even before Atkins’s confirmation, businesses see the recent changes as providing an opening. The Managed Funds Association this month sent a 13-page letter outlining its ideas to encourage business-friendly policies. Its requests followed comments from SIFMA, which represents broker-dealers and other financial-services firms and last month urged the SEC to pause fee collections from brokers related to the Consolidated Audit Trail, the costly system used for tracking financial trades and a frequent target of Wall Street ire. 

The SEC has made changes in line with some of those requests and signaled an openness to more.

Exemption, extensions

In February, the regulator exempted personally identifiable information, such as names and birth years, from a requirement for storage in the CAT. Hedge funds and banks trading U.S. Treasuries got an extra year to follow a rule requiring them to centrally clear their trades. And investment managers also will get an extra year to report short-position data. On March 14, the SEC gave investment companies an additional six months to comply with a 2023 rule requiring that at least 80% of a fund’s investments relate to the fund’s name, among other new requirements.

SEC leadership is open to expanding investor access to the private market, such as by revamping the definition of an “accredited investor” or reducing the number of disclosures early-stage public companies have to make, according to speeches Uyeda has given.

The goal is to expand access, both to higher returns for retail investors and to access to capital for businesses, said Jennifer Schulp, director of financial-regulation studies at the Cato Institute. That doesn’t mean the commission’s Republican majority will seek to eliminate the historic divide between public and private markets, she said.

The SEC’s enforcement arm also is getting an overhaul. This month, the regulator announced it would require commissioner signoff before its market-policing unit issues subpoenas.  

Changing priorities

Priority shifts are normal in leadership transitions at financial regulators — even big ones.

In 2017, four Senate Democrats decried what they called an overly aggressive agenda by then-acting SEC Chair Michael Piwowar, who directed agency staff to reevaluate SEC rules on conflict minerals and executive pay. The agency’s inspector general found that Piwowar’s actions were well within his remit as acting head of the SEC. 

What’s different this time around is the torrent of directives from the White House along with the impact of a new Department of Government Efficiency.

“From a policy perspective, much of this was expected,” said Kimberly Hamm, a partner at Mayer Brown and former chief counsel to ex-SEC Chair Jay Clayton. “But the backdrop of the rapid-fire executive orders and federal workforce changes is what makes this challenging.”

Staffing changes

DOGE’s impact has yet to come entirely into view, but the SEC has started some internal shifts. The agency offered incentives for workers to resign or retire early and plans to eliminate the leases for certain regional offices, which oversee a hefty portion of exams and enforcement work.

The SEC also decided to cut the senior-most positions across the regional offices, though the individuals in those roles aren’t being forced out, according to people with knowledge of the matter who asked not to be identified discussing personnel matters.

The uncertainty has led to high anxiety and low morale, even as the agency churns out staff interpretations and policy positions, said people familiar with the matter who asked not to be identified to avoid retaliation. A number of workers have taken the offers, resulting in a flurry of farewell emails, while many more staffers are on the hunt for new jobs, the people said. The SEC declined to comment.

“DOGE is the ultimate wild card,” Schulp said.

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Accounting

Crowds became unruly during IRS Saturday tax help events

Published

on

Internal Revenue Service employees faced threats of assault during Saturday tax assistance events last year, according to a recent report.

The report, issued earlier this month by the Treasury Inspector General for Tax Administration, found that some of the special tax help events organized by the IRS last year drew large crowds who became disorderly during the long waits for assistance at IRS Taxpayer Assistance Centers. 

During 33 unannounced visits to the TACs that held the Saturday Help events in March, April and May 2024, TIGTA inspectors found that some taxpayers faced canceled events, long wait times, or were turned away and never served, leading to frustrations boiling over among the hordes of taxpayers. 

“As a result of the large crowds at some TAC locations, taxpayers and IRS employees faced increased safety and security risks when the crowd became unruly,” said the report. “Preparation for the 2024 Saturday Help events included advanced planning by the Taxpayer Experience Day team, use of a triage form to screen taxpayers before providing services, increased staff above normal operating levels to better serve taxpayers, and enhanced security at most locations consisting of more armed security officers and providing special agents from the IRS’s Criminal Investigation. However, during the April and May Saturday Help events, some locations did not have adequate staffing and security personnel to handle the number of taxpayers seeking assistance. At some TACs, the IRS had to terminate service early because the crowd of taxpayers were unruly and posed a threat to other taxpayers waiting for assistance and IRS employees.”  

The report acknowledged that taxpayers who are experiencing financial difficulties can feel increased pressure and act aggressively toward IRS employees. The agency’s employees are often targeted due to the nature of their work, which requires close interaction with the public. 

One of the main reasons for the large number of taxpayers at some sites was due to taxpayers who filed tax returns with erroneous tax credits falsely claiming large refunds in response to misleading social media tax scam promotions, such as scams involving the Fuel Tax Credit, household employment taxes and the Sick and Family Leave Credit. The IRS identified these types of filings as potentially fraudulent and sent notifications to taxpayers requiring them to visit a TAC site for an in-person identity verification. 

The large crowds at some of the TAC locations created safety and security challenges for both taxpayers and IRS employees alike. The IRS didn’t use the available data to identify TAC locations ahead of time that might encounter large numbers of taxpayers, especially taxpayers who were required to visit a TAC for an in-person identity verification. That meant the IRS didn’t always have enough staffing and security personnel on hand, which in some locations led to the IRS needing to end the service early because the taxpayers were so unruly. TIGTA found the abrupt closure of previously announced and scheduled Saturday Help events may have increased the burden and frustration for taxpayers seeking assistance at some locations. 

“This resulted from the IRS canceling previously scheduled events with short notice only in the form of removing the sites from its website,” said the report. “For example, after initially announcing the Saturday Help events to the media for dissemination, we determined that the IRS canceled the events at 14 TACs. The IRS did not always take steps to inform taxpayers via the media of the abrupt closure, but instead included the statement, ‘Please check frequently for new information as availability may change without notice’ on its website as notice of site closures.”

During TIGTA’s unannounced visits to two different TAC sites last April, inspectors were told by taxpayers at the Saturday Help events of the lack of available TAC appointments at these locations. Generally, taxpayers explained that because of the lack of appointments they sought assistance at Saturday Help events, which don’t require an appointment. For the most part, TACs are open from 8:30 a.m. until 4:30 p.m. Monday through Friday and generally operate by appointment only, but exceptions can be made for walk-in visitors based on availability. Last year, the IRS offered taxpayers face-to-face service without an appointment for one Saturday in February, March, April and May at some select offices.

TIGTA found that most taxpayers looking for assistance at Saturday Help events needed to verify their identity in person, as a result of the IRS’s response to tax schemes circulating through social media promising large refunds, where the IRS sent notifications to taxpayers requiring them to visit a TAC site for an in-person identity verification. Taxpayers had the option to verify their identity during normal business hours. However, TIGTA’s testing found that many locations were almost booked to the maximum 60 days for appointments. That meant taxpayers may have relied upon Saturday Help events to get quicker service. 

TIGTA made five recommendations in the report to improve the IRS’s ability to assist taxpayers during the TAC Saturday Help events. Specifically, TIGTA recommended the IRS implement a service-wide policy to follow a consistent triage process of taxpayers at Saturday Help events; issue guidance to IRS TAC employees advising them to not triage taxpayers outside the facility or engage with taxpayers outside unless there are appropriate physical security measures in place; ensure the Taxpayer Services Division get relevant information to anticipate the potential demand for these events; and offer Saturday hours specifically for taxpayers seeking to verify their identification. Finally, TIGTA suggested the IRS should provide explicit notification of closed sites on its website. IRS officials agreed with all of TIGTA’s recommendations and have either taken or plan to take the appropriate corrective actions. 

“The demand for services in response to TXD events is difficult to predict,” wrote Kenneth Corbin, chief of the IRS’s Taxpayer Services Division, in response to the report. “Consequently, we will assess the needs of people seeking service to identify the type of assistance required and provide it as expeditiously as possible.”

As part of the Trump administration’s efforts to reduce the size of the federal government, the IRS reportedly plans to close over 110 of the Taxpayer Assistance Centers across the country after tax season.

Continue Reading

Accounting

North Carolina bill aims to fix CPA shortage, licensure

Published

on

North Carolina is the latest state making legislative moves in hopes of expanding the pipeline of licensed accountants. 

A new Accounting Workforce Development Act (SB321) was filed in the North Carolina General Assembly, offering an additional pathway to CPA licensure. The bill, backed by the North Carolina Association of CPAs, would allow CPA candidates to become licensed with a bachelor’s degree in accounting, two years of relevant work experience and successful completion of the Uniform CPA Exam. 

“North Carolina businesses, government agencies, and nonprofit organizations depend on a strong pipeline of CPAs to support financial operations, ensure compliance, and uphold fiscal accountability,” said NCACPA CEO Mark Soticheck in a statement Wednesday. “With the increasing demand for CPAs and the declining number of new entrants to the profession, this legislation provides an innovative workforce solution that meets industry needs while maintaining the rigor and integrity of the CPA profession.”

North Carolina legislature's building

The North Carolina General Assembly building

The American Institute of CPAs estimates 75% of CPAs currently in public accounting firms will retire within the next 15 years, spurring moves to develop policies that encourage new talent to enter the profession. The Accounting Workforce Development Act seeks to modernize CPA licensure by providing an additional experience-based pathway, so North Carolina can stay competitive in attracting and retaining accounting talent. 

 “This bill provides an alternative, not a replacement,” said Robert Broome, NCACPA’s vice president of advocacy and outreach, in a statement. “It creates a licensure option that values both education and real-world experience, making the profession more accessible while upholding the rigorous standards that define CPAs.”

Other states have also been making moves to streamline the licensure process. Both Ohio and Virginia have recently approved changes, and other parts of the country are looking to provide alternatives to the traditional 150-credit-hour rule for CPA licensure, including Minnesota and Florida. Last week, leaders of six state CPA societies in California, Florida, Illinois, New York, Pennsylvania and Texas co-authored an article in an effort to clear up misconceptions about the 150-hour rule and the proposed alternatives.

To preserve mobility of CPA licensing across state lines, the AICPA and the National Association of State Boards of Accountancy are asking for comments on their proposal for an additional pathway to CPA licensure through changes in the Uniform Accountancy Act model legislation used in states. They proposed an alternative pathway to CPA licensure last month and UAA changes last September. 

Continue Reading

Accounting

MH CPA, Kenilworth Holdings form joint venture

Published

on

MH CPA and Kenilworth Holdings have formed a joint venture called MH Kenilworth, an accounting firm focused on increasing client profitability.

MH CPA is based in Champaign, Illinois, and offers audit, tax, advisory and transaction services to 28 clients across the U.S. Kenilworth Holdings is headquartered in Chicago and operates an offshoring entity in India. Together, the joint venture will service firms with less than $10 million in revenue, offering offshoring, technology solutions, valuations, transfer pricing, M&A support, CFO services and business consulting, as well as audit, accounting and tax services.

Shapiro-Todd-Illinois CPA Society

Todd Shapiro

“Companies become successful because they grow their revenue or lower their cost,” MH Kenilworth CEO Todd Shapiro, a former president and CEO of the Illinois CPA Society, told Accounting Today. “How are we [the profession] on a regular basis doing that? We don’t.”

“Show me a firm that became wildly successful because they had a clean audit, and I’ll show you a company that’s out of business,” he continued. “Now show me a company that’s become wildly successful because of your tax strategy, and again, I will show you a company that’s out of business.”

But what is the difference between this model and the firm being bought up by private equity?

“We don’t own them. They don’t own us,” Shapiro answered. “Typically, that’s not done — typically, there’s a connection between the two.”

The joint venture is mutually beneficial: Kenilworth gains a platform and an arsenal of contractable services, while MH CPA maintains its independence and grows deeper into or beyond its geographic footprint without spending its own funds. For example, if Kenilworth adds another firm, MH CPA would be the one to acquire it, Shapiro explained.

“Our firm has thrived by embracing innovation and forward-thinking strategies in the industry, and we look forward to bringing that same expertise and perspective to MH Kenilworth,” MH CPA CEO and managing partner Jeff Livesay said in a statement. “The joint venture offers an opportunity to enhance our capabilities through Kenilworth’s global talent resources and expanded services while strengthening and complementing MH CPA’s core competencies. We’re excited to build and expand the MH platform.”

“Staffing remains one of the most pressing issues facing accounting firms in the U.S. and globally,” John Wesley, a principal at Kenilworth Global Financial Advisors, said in a statement last week. “At Kenilworth Global Financial Advisors, we have built a successful model for providing high-quality, cost-effective staffing solutions and specialized services such as valuations, transfer pricing and technology solutions. Partnering with MH allows us to expand our U.S. presence while delivering greater value to firms across the country.”

Continue Reading

Trending