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The state of the ‘Big Beautiful Bill’ and more

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As the Senate takes up the Trump administration’s tax bill, Neil Fishman, the president of the National Conference of CPA Practitioners, dives into the details of the House bill and some of the possibilities in the Senate, as well as other issues from Washington that accountants should be keeping in mind.

Transcription:

Transcripts are generated using a combination of speech recognition software and human transcribers, and may contain errors. Please check the corresponding audio for the authoritative record.

Dan Hood (00:03):

Welcome to On the Air with Accounting Today. I’m editor-in-chief Dan Hood. As you’ve probably heard, there’s a lot going on on the tax front in Washington, D.C., as we record this. So the Trump administration’s “big, beautiful bill” had made its way through the House of Representatives and was heading to the Senate. It’s got a host of tax provisions and some other provisions that could affect their profession in it as well. Here to talk about all that as well as some other developments that accountants should be paying attention to is Neil Fishman of Fishman Associates and the president of the National Association of CPA Practitioners, as well as a return guest to the podcast. Neil, thanks for coming back.

Neil Fishman (00:35):

Thank you very much for having me, Dan. It’s always good to be here.

Dan Hood (00:38):

Yeah, it’s always great to have you on because you’re bringing the latest word on what’s going on on many important things. Let’s start with the headline news, and like I said, we’re recording this in between the House and the Senate of the big beautiful Bill, the latest from that, what are you hearing?

Neil Fishman (00:57):

Well, let’s just go over a few of the facts that have happened. As we know the house well, the White House wants everything passed in one big beautiful bill, and that’s what it’s called that the one big beautiful bill. But we’re just going to really talk about the tax provisions right now that affect that. And there are a lot now, just to go back, just to get some background for the people who are newer to the profession, when they passed the Tax Cut and Jobs Act of 2017, that was the first major reform since 19 86, 30 years.

(01:36):

And just to point out that this bill took 49 days. It was introduced on November 2nd, and it became law on December 20th. In 2017. This bill flew through Congress of course, and it went into effect right away, unlike in 86 where they passed it, but they waited a year. So they had one more year under the old laws before the new laws kicked in. They had a year to deal with making any changes, and they did some tweaking back then, and as we’ve seen, they’ve had to do some. Now, there have been a lot of issues now with the TCJA of 17. There were corporate tax provisions which were permanent,

(02:20):

And there were the individual and estate provisions, which under that law are scheduled to sunset at the end of this year. So if Congress were to do nothing, just were to do nothing, which we know is not going to happen, but still tax pockets would go back up one to 4%. The cap on salt stating local taxes would be gone. We’ll talk about that in a little bit. Mortgage interest would go back up to, on the first million dollars of indebtedness casualty and theft losses would be allowed regardless of where and when they happened. Miscellaneous mized deduction would come back, the standard deduction would be reduced. Exemptions would also come back. And of course that would also affect a MT for a lot of people. No. One thing about TCJA was a lot of people who were impacted by A MT were not. Do you want to say there was a good thing there was a good thing?

Dan Hood (03:18):

Well, it’s those sun setting provisions are sort of what spurred this bill was that they realized they had to do something about those they were going to close at the end of this year, and people were concerned about that. The original impetus of the current big beautiful bill.

Neil Fishman (03:32):

Yeah, because I know that when in November I send out a letter to all my clients, letting them know what is coming down the pipeline or may or what may be coming down the pipeline. And then of course in January when I send them the engagement letter for doing their personal returns, I include another letter which also now says, now here are what the changes are that we need to be aware of. So it’s always a constant thing of keeping your clients aware of what may be coming and then what actually is happening. And now like we said, the house passed the bill. Now you have to remember, heres now, here’s the interesting thing. The house right now, the breakdown is two 20 Republican two 12 Democrats, three seats are vacant because members passed away because three members of the house have passed away. And as of this recording, those seats had not have not filled yet.

(04:32):

The bill passed by a vote two 15 to two 14, which means two Republicans voted no, three Republicans basically voted present or abstained. And if you recall from hearing in the news when it was coming out of budget committee, the first time they voted on it, it failed. The vote was 16 21, 5 Republicans voted with the Democrats. They had another meeting and they got it to pass by a vote of 15 of 17 to 16. So they got one Republican to change their vote and the others voted present, and that was well publicized in the media. So now of course, as I said, it’s going to the Senate. You’ve already heard a number of senators say they’re not for this. Now I’m talking Republican senators. I mean, you’ve heard Ron Johnson who is not sure about this. Rand Paul is another one who has come out. I mean, it’s going to be very interesting to see what the Republicans do with it, what changes they make, and then of course they’ll have to have that reconciliation conference to work out all the differences. Who knows what they’re going to be and when they’re going to do that. I know that they would like to have this pass probably by the 4th of July. I don’t know. I really don’t.

Dan Hood (06:06):

Yeah. Well, that’s one of the things when you have bills like this that have a gazillion moving parts, some part

Neil Fishman (06:15):

You’ve heard from the Republicans, they would rather, I mean I should say the Senate Republicans, you’ve heard them in the past say they would rather see this in broken up among several bills, one bill with each thing in particular.

Dan Hood (06:32):

Well, that’s sure. Right? The issue is right, if you have all these things in one place, one, no one could be expected to read them all to read the whole thing or grasp it, but maybe more importantly, every extra piece in it is somebody who either loves it or hates it, and it means that there’s a lot more people asking questions and pushing amendments and pushing changes than there might be a few piecemeal to each one on its own. But it sounds like, go ahead.

Neil Fishman (06:58):

No, we go back to 2008 when they passed the Affordable Care Act, and even then Speaker Pelosi said, we have to pass it to know what’s in it. And then McConnell did that with Tax Cuts and Jobs Act. You have to pass it to know what’s in it.

Dan Hood (07:19):

I think both of them ended up regretting that, or at least Pelosi regretted that phrase because it was ridiculous. Not that it pretty ridiculous, but granting we’re in this weird window, right? We’re in the window between as we record this, we’re in the window between the house having passed its version and the Senate having to take up discussions they haven’t yet. Right? I think they’re slated to start next week. Again, we’re at the beginning of a very end of May being June, so we can’t really speak with any strong degree of certainty about a lot of these things, but we could certainly look at the direction that things are headed. Maybe we could start by, you mentioned the expiring professions, the sun setting professions of the TCJA. Maybe we could run through a couple of those and see what’s the prognosis for those

Neil Fishman (08:07):

Terms

Dan Hood (08:07):

Of getting extended, getting changed?

Neil Fishman (08:10):

Well, personal exemptions are going to, according to the bill that passed the house, let’s emphasize this, that this is not cards in stone yet, but this is what the house passed right now, the personal exemptions, they’re gone. They will be permanently repealed. Basically, they’re taking a lot of the provisions on the individual aspects of TCJA and they’re making them permanent. So exemptions are gone. They’re going to make the child tax credits. They want to make that 2000 credit permanent, and then starting after next year, it’s going to be indexed for inflation. And then of course, for the years 25 to 28, the tax credit will be increased. 2,500 per child, I remember that’s children under 17 or it’s our 17 and under. Okay, next was the QBI qualified business income deduction. They want to make that permanent, but after 25, they will raise the deduction percentage from 20% to 23, and then they will also have a modification of the phase in of the wage and investment limitations. So they’re doing things more so a stating gift tax exemption. Okay. They’re increasing the exemption to 15 million, 30 million for married joints making permanent. The extension of the increased A MT in the phase outs there, like I said, a lot of these things are permanent. The indebtedness on a mortgage, which was originally a million dollars, the original proposal of TCGA made at 500, they settled at seven 50. It’s going to stay at seven 50.

(10:00):

Casualty losses remember remains only in a federally declared disaster area. Now we’ll have something about that because that ties in with both casualty and theft losses. They’re both kept together. Okay? The miscellaneous itemized deductions eliminated becomes that becomes permanent again. Also, the limitation on itemized deductions, remember there was that what’s called the PS limitation, which reduced your itemized deductions by 3%. If your a GI was over a threshold, well that’s going to be gone and it won, and the cap will only affect people who are in the 35 or 37% brackets and those are going up.

(10:52):

The moving expenses again remains only if you’re an active duty military. So you’re in New York, you get a job in California, you relocate. You cannot claim that as a deduction. 20 years ago when I moved from New York to Florida, I moved my business down here. I was able to take advantage of that, but if I were to do that, today would not be allowed. And moving any great distance is not inexpensive. So let’s see, what else? We got a whole bunch of things here. Oh, he wants to, here’s the thing. No tax on overtime, but that’s only going to be for four years, only for 25, 26, 27 and 28.

Dan Hood (11:45):

Gotcha. That was not in TCJA, right? That was

Neil Fishman (11:48):

No, this is something that’s brand new, brand new. And then of course there’s also the no tax on tips. I remember both candidates advocated on that. Now here’s the thing with taxes on tips, and this is again, out of the bill and something, it must be an occupation where you customarily traditionally get tips. The tips must be voluntary. This will include beauty services like the borrower shop, the beauty salon, the restaurants. And again, it’s only for four years, 25, 26, 27, and 28. Now of course, I have a question on that, which I don’t have an answer for you because remember, it says the tips must be voluntary. There are a number of restaurants where if your party is over so many people, they automatically put on a gratuity of 18 or 20%. So the $64 question there is, is that going to be included?

Dan Hood (12:55):

That’s an interesting question. Was it ever, right. I mean it’s always billed. Usually you bill as a service charge or often billed as a service charge, and it’s not really specifically, some places say it’s a gratuity, but some places called it a service charge. You wonder whether they tried to

Neil Fishman (13:11):

Have

Dan Hood (13:11):

It not be tips to start.

Neil Fishman (13:12):

Well, actually at the end of April, I actually went away for a few days when my wife and I went over to the Gulf Coast. We went and we stayed, got away for a few days in the Sarasota Longboat key area. We were at this resort and the meals we had there, we had on their bills for the restaurant services, they automatically put in a 20% gratuity. I mean, I could have added to it if I wanted to, but it was already there. So now,

Dan Hood (13:43):

Yeah, what do you need to add?

Neil Fishman (13:45):

So now the question is, if this becomes the law for the resorts and the restaurants that automatically do that, would that qualify or are they going to have to revamp how they do that aspect? Very

Dan Hood (14:08):

Interesting question. Like I said, do you call it something other than a gratuity, otherwise it is. Yeah. That’s very interesting. I want to talk, you had mentioned the salt cap and it’s TCGI thing, but it really is its own crazy animal. So I want to talk a little bit about that because it was definitely seemed like a big political football for the wrangling in the house because the high tech states, Republicans in high-tech states were concerned about their constituents.

Neil Fishman (14:46):

Yes, and actually let’s talk about last year for a moment on that because last year a number of house Republicans specifically from the Long Island, New York area, so that’s I think the first four or five congressional New York, first four or five congressional districts, they were advocating for an increase of solves from 10 to $20,000. Didn’t go anywhere, but again, you had them here and you had several that were extremely vocal. One in particular was Mike Lawler, who is I believe from the Westchester Rockland area just north of New York City. He was advocating, I believe for a hundred thousand dollars cap, a hundred thousand dollars cap. So originally they increased the salt or they were going to increase it to $40,000, but they were putting in the provision that in this case, a modified adjusted gross income, if you broke over $400,000, it would be reduced by 20% of your A GI or your MAGI, in this case over $400,000.

(16:03):

So for argument’s sakes, if that was the law, so if you had $500,000, a hundred thousand dollars over that 30,000 cap went down back down to 10 because you lost $20,000, it cannot go down below 10. What they did was they increased it Now in the bill that the house passed to 40,000 and they increased the A GI threshold to half a million dollars. Now, I still have clients up in New York and in some areas they’re paying 15 $20,000 in property taxes. If you go to the North Shore to the, I guess you’d call Port Washington, sands Point area of Long Island, you’ve got people there paying close to six figures in property taxes.

Dan Hood (16:56):

You came in Westchester and some other

Neil Fishman (16:58):

Areas and you goes to area, look, even here in Florida, you go down to Miami, you go to Palm Beach, you go to Wellington, Boca, just a few places. You have some areas where the property taxes are greater than $10,000, but of course they have also supersized as I call it, the standard deduction, which also makes it difficult. I’ll say for this year, the standard deduction for a married couple joint was 29 2, 20 $9,200. I believe next year is going to be $30,000. So 15,000 for an angel, they’ve made it harder, but now they’re trying to make that a little bit easier for some people with the higher incomes to be able to itemize.

Dan Hood (17:53):

We tend to be focusing on New York. We know New York, but,

Neil Fishman (17:57):

But the big thing was

Dan Hood (17:58):

New Jersey, Illinois, California all have

Neil Fishman (18:01):

Similar places. You had a lot of Republicans from the high tax states, New York, New Jersey, Connecticut, Illinois, California. They were all advocating for this and we’ll now have to wait and see what the Senate does, if anything. With that, they go ahead

Dan Hood (18:22):

Because one of the things I’m taking you as we talk about all these different provisions, this one seemed to be the one that had the biggest elasticity in it, right? In terms of where it might come. People were talking about, you mentioned 40,000 people were talking 80,000 numbers were all over the map, and it seems like this is, of all the provisions we’ve been talking about, one of the ones that’s most likely to change significantly or it seems to me, I could be wrong, you go to DC much more often than I do and are much more tied in down there, but it seems like this is one of the areas where we should really be expecting a lot of change or potentially a lot of change in the Senate and house reconciliation.

Neil Fishman (18:59):

Yep. It’s going to be very interesting to see everything. We’re just talking taxes, but of course there are all the other provisions which we will not get into at this time, which a lot of people are looking at and gives them cost of concern, but we don’t have the time to go through all that right now.

Dan Hood (19:21):

I will just throw out one of them because it’s particularly important, and again, I’m not even sure if this made it into the final version of the House Bill, but there was a provision about closing down the P-C-A-O-B Public Company Accounting Oversight Board and moving it under the SECI am not a hundred percent sure whether it made it into the final bill or not, but I know it was under consideration. That’s one of those ones they’d have to pass it. So we’ll find out if it’s in it, but that’s rare that you see a piece of provision that directly affects the accounting profession. But so that’ll be one thing to keep in mind. But as you say, lots of other provisions, too many to dive into here, but I think we’ve done a pretty good job of covering all the big tax ones. I think we could take a step back and talk about what do you think maybe the overall impact of the legislation is going to be, knowing obviously that we may change a fair amount between now and July 4th or whenever it’s finished?

Neil Fishman (20:18):

The one thing that I will, I would like to point out is the very last provision that came out of the Ways and Means committee, and that is they’re going to increase the debt limit by $4 trillion right away. You’ve had CBO and JCT have come out and saying that this bill, if it passes, will increase the debt by three to $4 trillion. But there’s one thing that everybody forgets about that is never included in a government budget, I don’t think. I’ve never seen it, and that is contingencies. What happens if there’s a natural disaster and we’ve already had them. You’ve had hurricanes and you’ve had tornadoes and you’ve had the hurricanes from late last year. You have flooding and the states are now crying for aid. I mean, I’ll just give this one example. Arkansas got hit with those storms and got a lot of damage. Who is the current governor of Arkansas

Dan Hood (21:38):

Sanders?

Neil Fishman (21:39):

Yes, Sarah Huckabee Sanders, who was for a good chunk of Trump’s first term, she was his press secretary. She loves him. He loves her. She went to the federal government asking for aid. They said, no,

Dan Hood (22:00):

Well, that’s how you handle contingencies. Just refuse to pay them. Refused to refuse to engage in them. But you’re quite right. It’s interesting because that’s not included. You’re right, I’ve never seen it in a budget or anything like that, and I’m not sure how they would do that, but it’s probably something wise, given that almost every presidency of either political party ends up with some wild, the unexpected thing, I mean,

Neil Fishman (22:27):

If you transfer this to the corporate world, to the publicly held companies, when they do their financial statements, when they do their noting do their notes, they have to put in the notes about contingencies, things that might happen. There might something happened, there may be a recall of something. There may be a lawsuit filed or there’s a lawsuit going on and we don’t know if we’re going to win, but if we don’t win, we anticipate we might have to pay X amount of dollars, which will have an impact and on the financial statements, and it has to be reported in the financial statements if you know about it

Dan Hood (23:10):

Actually. I mean, just that report alone would be fascinating for the federal government, but as you say, not something they’re currently working on and not something they’re preparatory and does seem as if our contingencies come up more often than not from all the natural disasters you mentioned, but then you think about COVID or the war in Ukraine or a million other things that might pop up at any given moment. Yeah, that would be interesting to see, but would require us to go way beyond. I think that the scope of the big beautiful Bill, so

(23:40):

We’ll come back to that. I think there’s a lot more at, you said there’s a gazillion provisions in this. We could dive more deeply, we could dive more deeply into the ramifications of the tax thing. But I want to take a switch a little bit int and talk about what’s going on in Washington on a broader scale. Nick Papp goes down to Washington every year meets goes to the Hill, meets with representatives and committee members and all sorts of people in the know down there bringing issues from your membership and their clients to Washington, but also coming back with a lot of super useful intelligence. I know you’ve recently done that annual trip. I would like to talk about that. But before we do, we’re going to take a quick break.

(24:26):

Alright, and we’re back with Neil Fishman, the president of the National Conference of CPA Practitioners talking about all things about the “big beautiful bill.” We’ve talked a lot about that. We could spend the next seven to eight hours talking about it and still barely scratch the surface. But what I want to talk about for now is your annual trip to Washington. Like I said, the group goes down every year bringing issues and concerns that the people on the Hill should know about, but also coming away with a lot of valuable insights about what they’re thinking about and what they’re planning. So maybe we start, what were some of the issues you all brought to Washington, things you wanted them to be aware of that were affecting either you or your clients?

Neil Fishman (25:06):

Okay, well first, okay, so we brought up a few things. We just had a few things to go to Washington this year. So the first one is the Taxpayer Protection and Prepare Proficiency Act, and this is the legislation that would give the Treasury Department, therefore the Internal Revenue Service, the authority to regulate prepares. Now, let me preface that. I went to Washington back in January and I met with a staff person for the Republican on the Republican side for ways and means, spoke with her about it. She seemed very interested and she did actually asked me, do you know any Democrats who are interested in this? I said, yes, actually, I’m having a meeting with a Democrat office later that afternoon, which I did, said, well see if they’ve reached out to anybody. And actually I did bring that up when I was there and they said, when I met with their legislative director, they said they reached out to every Republican on the Ways and Means committee about co-sponsoring this legislation, and they were turned on by each and every one of them.

(26:16):

Now that got me, when you hear that, that’s very disillusioning because there are some things that just make sense. I mean, even in the 24 annual report to Congress, the National Taxpayer Advocate said, this is basically a no brainer. Remember to do this, you requiring that the person get the pt, every preparer has a PT in no big deal. For the people who are not credentialed, that is the non CPA, the non-attorney, the non enrolled agent. You have to take one time just once a minimum competency exam, minimum competency, pass it one time and then you’re good for life. And then of course you have to do I think 15 hours of continuing education annually. I am licensed as a CP in New York and Florida. New York is a three year cycle. Florida is a two year cycle, but I still have to have an average of 40 hours per year per cycle.

(27:28):

So 80 hours in Florida, one 20 in New York when my licenses come up for renewal. This makes common sense to everybody. I mean, you own your residence, you have a plumber, you have an electrician come in, they have to be licensed and bonded. You go to the beauty portal, you go to the barbershop, they have more protection than a person who prepares tax returns. Now, every month, the IRS comes out with a list on information on active pns. So I can go by the one for beginning of May and lemme just find it and I have it right here. Okay, so this is as of May 1st, there were 807,307 active penins is it issued over 2.1 million since September of 2010. Now of the other 807,000, they do provide some breakdowns of professional credentials. So they have attorneys, CPAs, enrolled agents, a couple of others which are very minor.

(28:39):

So CPAs, there were 204,522 CPAs with thein. That is 25 point 33%. And the IRS says on this list here on the credentials that the credentials overlap. So attorneys 25,795, that’s three point 19% enrolled agents, 65,371. That’s 8.09. But the IRIS has pointed out, as I just said, you could be multiple credentialed. You’re counted in each category. So it is safe to say that 70% of the people who prepare tax returns are not credentialed. Now, I am not saying that that is bad. I’m not saying that these people are bad and credentials is good. I’m not saying that because you can have competent people with or without credentials. You can have incompetent people with or without credentials. But if you are credentialed, there is oversight. If you have a problem with me as a CPA in Florida, you can file a complaint with the Board of Accountancy in New York.

(29:53):

It is a department of Education. If it is an attorney, you’ll file a complaint with the state bar. If it is an enrolled agent, which is an IRS credential, you complain. You file a grievance with the IRS. There is somebody too over that. We all have people who come to us this year and go elsewhere next year. For whatever reason, our fee was too high. I said, you came to me late. You’re going on extension. I don’t want to go on extension. So they found somebody who could do it right away for them. A couple of reasons just there, but that is a concern. The number of people taking the CPA exam is down. The number of people who get the credential and go into accounting in order to this aspect of accounting is down. I heard there was a slide uptick last year, but where are those people going? You hear from the college students, they want to go into the higher end work. They want to do forensics, they want to do artists, and that’s fine. Now, there is a more bigger push for quality of life doing tax and accounting work. There are certain months out of the year where don’t plan on any vacations. So if you’re into snow skiing and you live in Florida and you’re going to be a CPA in Florida, don’t you can’t disappear for a week during season.

Dan Hood (31:17):

Not anybody from coming into the profession. Let’s not.

Neil Fishman (31:20):

No, I’m not.

Dan Hood (31:22):

We can go down all the reasons why. It’s

Neil Fishman (31:25):

Lemme say, but what I tell people who are thinking about this, there’s plenty of opportunity in this aspect in the future. Okay.

Dan Hood (31:34):

Well, I mean there’s certainly, I know this has been a concern of yours and of Nick P’S for a long time, and it certainly is kind of a no-brainer. At the same time, given all those trends you talked about in terms of their Sure people, there’s not enough people coming into the profession, not enough people coming into the broader tax and accounting profession, regardless of whether it’s TBAs one makes a strong argument saying, we don’t want to make it any more difficult to come into this. Right?

Neil Fishman (31:58):

Yeah, but one other thing I want to point out from that report from the taxpayer advocate, in fiscal year 23, there was 21.9 billion in fraudulent earned income tax credits given out, which represented about a third of the tax returns that had the EITC credit on there. They estimate that 96% of those payments were attributable to a non-credentialed preparer.

Dan Hood (32:28):

Yep. No question. But I think even with all that certainly being too, the issue really is nobody wants to give the IRS more power. Nobody in Congress wants to give the IRS more

Neil Fishman (32:39):

Power, but it’s giving them the right power and this is right up their alley. Okay. The other thing I like to bring up is theft losses. Remember how I talked about before casualty and theft losses are linked together?

Dan Hood (32:51):

Yep. Why

Neil Fishman (32:54):

Are theft losses considered casualty losses? I have a colleague in Texas, he has this client, an older woman around 90 years old. All she has is her social security and her pension. Her IRA money, she fell victim to one of those publisher clearing clearinghouse scams to the tune of about $200,000 out of her retirement money. She gets a 10 99 R for the full amount. She has to pick it up as income. She is not allowed to claim it as a theft loss. So we have been advocating that that should be the case. Casualty losses is fine. Theft losses should be treated differently. It shouldn’t matter if you’re declared Federal disaster area. I mean, in 2017, there were just over 301,000 complaints, theft losses to the tune of about 1.4 billion. That number has gone up in 2023, it was 880,000. The losses were 12 and a half billion dollars. These are people who they got hit twice. First they got hit by getting scammed or losing whatever they lost, and then they had to pick it up as income and repay tax on it, and in the case of this woman, does she have the money to pay the tax? Probably not. Yeah,

Dan Hood (34:36):

She just got scammed. She’s got enough.

Neil Fishman (34:37):

Exactly. Okay. Third item, I’ll just bring this up, was about fiduciary returns, especially if it’s the final year of a tax return of a 10 41 for the state of Joan Smith. Now sometimes these are one and done. Sometimes they’ll go, they could last for a couple of years. Now in the final year of the return, all the income goes to the beneficiaries, but that also includes if there are any unused capital losses. That also appears on the K one. The one thing that does not appear on the K one is if the estate or trust made federal tax deposits, so the 10 41 has to be filed showing that estimated taxes were paid. There’s no tax liability, and so that money is going to get refunded to the estate or trust. Whereas if that was allowed to be carried over on the K one to the beneficiaries, it would help them with their additional potential tax liability. Again, this is something that is simple. This is something that would help taxpayers remember. The primary way to avoid underpayment penalties on tax returns is you have to pay in either the equivalent of last year’s liability or 90% of this year’s liability. In the case of higher income people, they could require, I think it’s about 110% of last year, your estimated liability in any of those cases. If this was carried over, this would help them. It may not help them entirely, but it might. Yep. Yes.

(36:36):

Excellent.

(36:38):

Now, in our meetings, and we had about 14 of them, and this was in both house and Senate, both sides of the aisle. We met with people, we met with the staffers who knew what we were talking about, who understood what we were talking about, who actually asked very intelligent questions to make sure that they were understanding it. Now, of course, telling it to them, relaying it from them to their boss, the senator, the representative, and then seeing it, excuse me, seeing it get incorporated into a bill, unfortunately, that takes time. Unfortunately, it’s getting the right year at the right time. As

Dan Hood (37:26):

I got to tell you, this always fascinates me. You talk about this, we usually talk generally every year after year trip to Washington, and one of the things about it that fascinates me is that fact, the fact of law, right? That it’s really not necessary to meet with the lawmaker themselves. It’s the staff member who’s an expert in that issue or that area that you need to meet with, and they’re the ones who have you hope that they then have the ear of the lawmaker to push things forward. The lawmaker then brings the political considerations and their own priorities, but it’s fascinating that that’s how I was fascinated, that that’s how Washington really works,

Neil Fishman (38:03):

And especially in the Senate where the senates are on five or six committees in the house. They could be on just one committee depending on what, depending on assignments, they could just be on one committee or they could be on two. But especially in the Senate, five or six committees, the senators need the staff to make sure they’re up on everything.

Dan Hood (38:26):

And it’s also, it helps explain. It’s one of those we didn’t know it was in it until we passed it kind of things because it many cases you said they’re staff members of the real experts. The senator or the representative may know something about the things that they’re on a committee for, but they also have staff members who are genuinely deep experts in the narrow aspects of it. And so that’s one of the reasons why those bills end up getting so complicated and why senators are congressmen are like, well, I don’t really know what’s in it, but my aide do, my staff members do, and they tell me this. I think that’s a fascinating insight into Washington. Let’s turn around and say, obviously you’re there pitching these things that would make things better for taxpayers or for the system as open. In the case of the registration of tax preparers, what are some of the things you picked up? What are some of the things you were hearing? Was it mostly mostly about the big beautiful bill? Are there other issues going on in Washington that they were talking about?

Neil Fishman (39:25):

The big beautiful bill was the thing that everybody was talking about. It was starting to go introduce into the house, going into the committee, and everybody was waiting to see what was going to be the final result with regard to the tax aspects, I’m sure with the others as well. And now that is the thing that everybody’s talking about. You again, you hear the senators, you’ve already heard some say that they’re going to be making changes. You’ve heard from house leadership saying, don’t make changes, just past will be passed,

(40:06):

But right now it’s June will be how the Senate deals with all this and we’ll have to wait. Unfortunately, we will have to wait and see, and then of course react. Going back to the Affordable Care Act, when that was passed being, there was a provision in there that would’ve required all businesses to issue a 10 99 to every business they do business with regardless, and that was buried deep in there, and when that was read N Pap came out, we advocated for it, I’m sure, and I’m sure the other organizations representing tax preparers also because that would’ve been a logistical nightmare. They got that repealed, so the 10 99 rule still stay into effect $600. Oh, there was something about the Schedule K. It’s going to go back up on the threshold because that’s affecting, a lot of, that’s affecting a lot of people, was never intended to affect, but still going back to just doing 10 90 nines for every business, that would’ve been a logistical nightmare.

(41:15):

Keeping track of every business you dealt with. Let’s just say, I’ll give this example. Let’s say Staples, staple Stores, office Depot. You can go online and buy, you can phone in and buy, or you can go to a store and buy, let’s just say for argument’s sakes, that those stores were franchises, and depending on where you went and using your office as a central hub, there are three different stores you could go to in different directions depending on, you have to keep track. They were franchises. You have to keep track of each store that you went to and how much you bought from them and issue them a 10 99. That would’ve been a logistical nightmare, thankfully, that got repealed. So again, what’s in it? What will come out when it comes out? You can bet that there will be a lot of reaction. There will be a lot of calls for changes to be made in the bill once it becomes law,

Dan Hood (42:22):

Once it becomes law, once it becomes law, we’re going to want to have you back to talk about that, but also back to talk about what those questions are, what are the issues that popped up, the unexpected surprises that we found out once we passed the bill so that we could read it and find out what was in it. We’ll have to have you back to dive deep into that. In the meantime, any final thoughts that tax preparers accountants should be thinking about either as this bill moves towards, its pretty inevitable passage. It may change, but it seems highly likely that we’ll have a bill as that moves forward. Anything accountants and taxpayers should be thinking about?

Neil Fishman (42:56):

Well, you should pay attention as much as you can to what’s going on. I do know that there are organizations and there are people who are offering presentations on the tax bill. Right now, I’m, I’ve gotten several emails for do a program. In fact, I’m giving a presentation next June 5th for the Florida chapter. I’m giving a presentation on the one big beautiful Bill. Of course, I’m prefacing it that this is what passed the house. I’m disclaiming that, take what I’m saying, what it is that this may be. It may no, it may be, it may not be. We don’t know what the final versions going to be, but start educating yourself on it. Make sure you click, you’re going to go to these presentations. Make sure that they’re from a reputable organization that end hopefully that the presenter knows what they’re talking about

Dan Hood (43:55):

And be aware of which things score everything. Is it highly likely? Is it middling, likely? Is this going to be a bone of contention? Is this the kind of thing that’s likely to change? The worst thing is to spend a lot of time learning stuff that learning things that may in the end be completely upended in the negotiations, but But a good point. Good advice.

Neil Fishman (44:13):

Yeah, because when you look at the one big beautiful bill out of ways and means, there are over a hundred different sections to it,

(44:22):

And each one is separate, and some of them are very relevant and some of them will be, well, when am I going to come across that? And one thing they’re talking about also is get the energy credits, which are just existing and being phased out. They want to eliminate them immediately. So be aware of what’s coming down be No, even if you hear that this may be happening, it’s better than all of a sudden the bill passes and, huh, I got to do what? I got to know my client. They can’t do this anymore. Be aware. No, your clients will appreciate that. You take no, your clients want to know that they’re dealing with somebody who’s on top of this.

Dan Hood (45:08):

Excellent. And on that note, I’m going to let you go, but we’ll have you back. As I said, once the bill passes, we’ll have you back so we can dive deeply into it. In the meantime, Neil Fishman of the National Conference of CPA Practitioners, thanks so much for joining us.

Neil Fishman (45:22):

Thank you very much for having me, Dan. I look forward to seeing you again soon.

Dan Hood (45:26):

Excellent. As soon as the bill passes, we will arrange that. And in the meantime, thank you all for listening. We hope you’ll be back when Neil is back, but also on a regular basis. This episode of On the Air was produced by Accounting Today. Rate or review us on your favorite podcast platform and see the rest of our content on accounting today.com. Thanks. Get to our guest and thank you for listening.

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Accounting

FASB plans changes in crypto accounting

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The Financial Accounting Standards Board met this week to discuss its projects on accounting for transfers of cryptocurrency assets and enhancing the disclosures around certain digital assets, such as stablecoins.

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During Wednesday’s meeting, FASB’s board made certain tentative decisions, according to a summary posted to FASB’s website. FASB began deliberating the Accounting for transfers of crypto assets project and decided to expand the scope of its guidance in  Subtopic 350-60, Intangibles—Goodwill and Other—Crypto Assets, to address crypto assets that provide the holder with a right to receive another crypto asset. FASB decided to clarify the existing disclosure guidance by providing an example of a tabular disclosure illustrating that wrapped tokens, if they’re significant, would be disclosed separately from other significant crypto asset holdings.

At a future meeting, the board plans to consider clarifying the derecognition guidance for crypto transfer arrangements to assess whether the control of a crypto asset has been transferred.

FASB also began deliberations on the Cash equivalents—disclosure enhancement and classification of certain digital assets project and made a number of decisions.

The board decided to provide illustrative examples in Topic 230, Statement of Cash Flows, to clarify whether certain digital assets such as stablecoins can meet the definition of cash equivalents. It also decided to include the following concepts in the illustrative examples:

  1. Interpretive explanations that link to the current cash equivalents definition;
  2. The amount and composition of reserve assets; and,
  3. The nature of qualifying on-demand, contractual cash redemption rights directly with the issuer.

FASB plans to clarify that an entity should consider compliance with relevant laws and regulations when it’s creating a policy concerning which assets that satisfy the Master Glossary definition of the term “cash equivalents will be treated as cash equivalents.

“I agree with the staff suggestion to look at examples,” said FASB vice chair Hillary Salo. “From my perspective, I think that is going to help level the playing field. People have been making reasonable judgments. I agree with that. And I think that this is really going to help show those goalposts or guardrails of what types of stablecoins would be in the scope of cash equivalents, and which ones would not be in the scope of cash equivalents. I certainly appreciate that approach, and I think it has the least potential impact of unintended consequences, because I do agree with my fellow board members that we shouldn’t be changing the definition of cash equivalents, and it’s a high bar to get into the cash equivalent definition.”

“I’m definitely supportive of not changing the definition of cash equivalents,” said FASB chair Richard Jones. “I believe that’s settled GAAP in a way, and we’re not really seeing a call to change it for broader issues. I am supportive of the example-based approach. The challenge with examples, though, is everybody’s going to want their exact pattern, but that’s not what we’re doing.”

The examples will explain the rationale for how digital assets such as stablecoins do or do not qualify as cash equivalents and give a roadmap for other types of digital assets with varying fact patterns to be able to apply.

“We really don’t want to be as a board facing a situation where something was a cash equivalent and then no longer is at a later date,” said Jones. “That’s not good for anyone, so keeping it as a high bar with certain rigid criteria, I think, is fine.”

Stablecoins are supposed to be pegged to fiat currencies such as U.S. dollars and thus provide more stability to investors. “In my view, while a stablecoin may meet the accounting definition established for cash equivalents, not every one of those stablecoins in the cash equivalent classification represents the same level of risk,” said FASB member Joyce Joseph.

She noted that the capital markets recognize the distinctions and have established a Stablecoin Stability Assessment Framework to evaluate a stablecoin’s ability to maintain its peg to a fiat currency. Such assessments look at the legal and regulatory framework associated with the stablecoin, and provide investors with information that could enable them to do forward-looking assessments about the stability of the stablecoin.

“However, for an investor to consider and utilize such information for a company analysis the financial statement disclosures would need to include information about the stablecoin itself,” Joseph added. “In outreach, the staff learned that investors supported classifying certain stablecoins as cash equivalents when transparent information is available about the entities at which the reserve assets are held. Therefore, in my view, taking all of this into consideration a relevant and informative company disclosure would include providing investors with the name of the stablecoin and the amount of the stablecoin that is classified as a cash equivalent, so investors can independently assess the liquidity risks more meaningfully and more comprehensively by utilizing broader information that is available in the capital markets and its emerging information.”

Such information could include the issuer, reserves, governance and management, she noted, so investors would get a more holistic look at the risks that holding the stablecoin would entail for a given company.

The board decided to require all entities to disclose the significant classes and related amounts of cash equivalents on an annual basis for each period that a statement of financial position is presented.

Entities should apply the amendments related to the classification of certain digital assets as cash equivalents on a modified prospective basis as of the beginning of the annual reporting period in the year of adoption.

FASB decided that entities should apply the amendments related to the disclosure of the significant classes and amounts of cash equivalents on a prospective basis as of the date of the most recent statement of financial position presented in the period of adoption.

The board will allow early adoption in both interim and annual reporting periods in which financial statements have not been issued or made available for issuance.

FASB also decided to permit entities to adopt the amendments to be illustrated in the examples related to the classification of certain digital assets as cash equivalents without the need to perform a preferability assessment as described in Topic 250, Accounting Changes and Error Corrections.

The board directed the staff to draft a proposed accounting standards update to be voted on by written ballot. The proposed update will have a 90-day comment period.

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Accounting

Lawmakers propose tax and IRS bills as filing season ends

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Senators introduced several pieces of tax-related legislation this week, including measures aimed at improving customer service at the Internal Revenue Service, cracking down on tax evasion and curbing the carried interest tax break, in addition to efforts in the House to repeal the Corporate Transparency Act.

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Senators Bill Cassidy, R-Louisiana, and Mark Warner, D-Virginia, teamed up on introducing a bipartisan bill, the Improving IRS Customer Service Act, which would expand information on refunds available to taxpayers online and help taxpayers with payment plans if they need it.

The bill would establish a dashboard to inform taxpayers of backlogs and wait times; expand electronic access to information and refunds; expand callback technology and online accounts; and inform individuals facing economic hardship about collection alternatives.

“Taxpayers deserve a simple, stress-free experience when dealing with the IRS,” Cassidy said in a statement Wednesday. “This bill makes the process quicker and easier for taxpayers to get the information they need.”

He also mentioned the bill during a Senate Finance Committee hearing about tax season when questioning IRS CEO Frank Bisignano. During the hearing, Cassidy secured a commitment from Bisignano that the IRS would work with Congress to implement these reforms if the legislation were signed into law.

“I’m happy to meet with the team … and do all I can to make it as good as you want it to be,” said Bisignano.

“My bill would equip the IRS with the legislative mandate to create an online dashboard so that taxpayers can monitor average call wait time and budget time accordingly,” said Cassidy. He noted that the bill would allow a callback for taxpayers that might need to wait longer than five minutes to speak to a representative, and establish a program to identify and support taxpayers struggling to make ends meet by providing information about alternative payment methods, such as installments, partial payments and offers in compromise. 

“I know people are kind of desperate and don’t know where to turn for cash, so I think this could really ease anxiety,” he added. “This legislation is bipartisan and is likely to pass this Congress.”

Cassidy and Warner introduced the Improving IRS Customer Service Act in 2024. Last year, Warner wrote to National Taxpayer Advocate Erin Collins at the IRS regarding the underperforming Taxpayer Advocate Service office in Richmond, Virginia, and advocated against any harmful personnel decisions that would negatively impact taxpayers.

“Taxpayers shouldn’t have to jump through hoops to get basic answers from the IRS — and in the last year, those challenges have only gotten worse,” Warner said in a statement. “I am glad to reintroduce this bipartisan legislation on Tax Day to ease some of this frustration by increasing clear communication and making IRS resources more readily available.”

Stop CHEATERS Act

Also on Tax Day, a group of Senate Democrats and an independent who usually caucuses with Democrats teamed up to introduce the Stop Corporations and High Earners from Avoiding Taxes and Enforce the Rules Strictly (Stop CHEATERS) Act.

Senate Finance Committee ranking member Ron Wyden, D-Oregon, joined with Senators Angus King, I-Maine, Elizabeth Warren, D-Massachusetts, Tim Kaine, D-Virginia, and Sheldon Whitehouse, D-Rhode Island. The bill would provide additional funding for the IRS to strengthen and expand tax collection services and systems and crack down on tax cheating by the wealthy.

“Wealthy tax cheats and scofflaw corporations are stealing billions and billions from the American people by refusing to pay what they legally owe, and far too many of them are getting a free pass because Republicans gutted the enforcement capacity of the IRS,” Wyden said in a statement. “A rich tax cheat who shelters mountains of cash among a web of shell companies and passthroughs is likelier to be struck by lightning than face an IRS audit, and Republicans want to keep it that way. This bill is about making sure the IRS has the resources it needs to go after wealthy tax cheats while improving customer service for the vast majority of American taxpayers who follow the law every year.”

Earlier this week. Wyden also introduced two other pieces of legislation aimed at cracking down on the use of grantor retained annuity trusts and private placement life insurance contracts to avoid or minimize taxes.

The Stop CHEATERS Act would provide the IRS with additional funding for tax enforcement focused upon high-income tax evasion, technology operations support, systems modernization, and taxpayer services like free tax-payer assistance.

“As Congress seeks ways to fund much-needed policy priorities and address our growing national debt, there is one common sense solution that should have unanimous bipartisan support: let’s enforce the tax laws already on the books,” said King in a statement. “Our legislation will make sure the IRS has the resources it needs to confront the gap between taxes owed and taxes paid – while ensuring that our tax enforcement professionals are focused on the high-income earners who account for the most tax evasion. This is a serious problem with an easy solution; let’s pass this legislation and make sure every American pays what they owe in taxes.”

Carried interest

Wyden, King and Whitehouse also teamed up on another bill Thursday to close the carried interest tax break for hedge fund managers that Democrats as well as President Trump have pledged for years to curtail. The tax break mainly benefits hedge fund managers, private equity firm partners and venture capitalists, who have lobbied heavily to defeat attempts to end the lucrative tax break. The tax break was scaled back somewhat under the Tax Cuts and Jobs Act of 2017.

Carried interest is a form of compensation received by a fund manager in exchange for investment management services, according to a summary of the bill. A carried interest entitles a fund manager to future profits of a partnership, also known as a “profits interest.” Under current law, a fund manager is generally not taxed when a profits interest is issued and only pays tax when income is realized by the partnership, often in connection with  the sale of an investment that happens years down the road. Not only does this allow a fund manager to defer paying tax, but the eventual income from the partnership almost always takes the form of capital gain income, taxed at a preferential rate of 23.8% compared to the top rate of 40.8% for wage-like income.  

Under the bill, the Ending the Carried Interest Loophole Act, fund managers would be required to recognize deemed compensation income each year and to pay annual tax on that amount, preventing them from deferring payment of taxes on wage-like income. A fund manager’s compensation income would be taxed similar to wages on an employee’s W-2, subject to ordinary income rates and self-employment taxes.   

“Our tax code is rigged to favor ultra-wealthy investors who know how to game the system to dodge paying a fair share, and there is no better example of how it works in practice than the carried interest loophole,” Wyden said in a statement. “For several decades now we’ve had a tax system that rewards the accumulation of wealth by the rich while punishing middle-class wage earners, and the effect of that system has been the strangulation of prosperity and opportunity for everybody but the ultra-wealthy. There are a lot of problems to fix to restore fairness and common sense to our tax code, and closing the carried interest loophole is a great place to start.”

Repealing Corporate Transparency Act

The House Financial Services Committee is also planning to markup a bill next Tuesday that would fully repeal the Corporate Transparency Act, which has already been significantly scaled back under the Trump administration to only require beneficial ownership information reporting by foreign companies to FinCEN, the Treasury Department’s Financial Crimes Enforcement Network. 

If enacted, the repeal would eliminate beneficial ownership reporting requirements, removing a transparency measure designed to help law enforcement and national security officials identify who is behind U.S. companies. 

“This repeal would turn the United States back into one of the easiest places in the world to set up anonymous shell companies, something Congress worked for years to fix,” said Erica Hanichak, deputy director of the FACT Coalition, in a statement. “These entities are routinely used to facilitate corruption, financial crime, and abuse. Rolling back the CTA doesn’t just weaken transparency, it signals to bad actors around the world that the U.S. is once again open for illicit business.”

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Accounting

IRS struggles against nonfilers with large foreign bank accounts

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The Internal Revenue Service rarely penalizes taxpayers who have high balances in foreign bank accounts and fail to file the proper forms, according to a new report.

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The report, released Tuesday by the Treasury Inspector General for Tax Administration, examined Foreign Account Tax Compliance Act, also known as FATCA, which was included as part of a 2010 law in an effort to tax income held by U.S. citizens in foreign bank accounts by requiring financial institutions abroad to share information with the tax authorities. 

Taxpayers with specified foreign financial assets that meet a certain dollar threshold are also required to report the information to the IRS by filing Form 8938. Failure to file the form can result in penalties of up to $60,000. However, TIGTA’s previous reports have demonstrated that the IRS rarely enforces these penalties. 

The IRS created an Offshore Private Banking Campaign initiative to address tax noncompliance related to taxpayers’ failure to file Form 8938 and information reporting associated with offshore banking accounts, but it’s had limited success.

Even though the initiative identified hundreds of individual taxpayers with significant foreign bank account deposits who failed to file Forms 8938, the campaign only resulted in relatively few taxpayer examinations and a small number of nonfiling penalties. The campaign identified 405 taxpayers with significant foreign account balances who appeared to be noncompliant with their FATCA reporting requirements.

The IRS used two ways to address the 405 noncompliant taxpayers: referral for examinations and the issuance of letters to them.

  • 164 taxpayers (who had an average unreported foreign account balance of $1.3 billion) were referred for possible examination, but only 12 of the 164 were examined, with five having $39.7 million in additional tax and $80,000 in penalties assessed.
  • 241 noncompliant taxpayers (who had an average unreported account balance of $377 million) received a combination of 225 educational letters (requiring no response from the taxpayers) and 16 soft letters (requiring taxpayers to respond). None of the 241 taxpayers were assessed the initial $10,000 FATCA nonfiling penalty.

“While taxpayers can hold offshore banking accounts for a number of legitimate reasons, some taxpayers have also used them to hide income and evade taxes,” said the report. 

Significant assets and income are factors considered by the IRS when assessing whether taxpayers intentionally evaded their tax responsibilities, the report noted. Given the large size of the average unreported foreign account balances, these taxpayers probably have higher levels of sophistication and an awareness of their obligation to comply with the law. 

TIGTA believes the IRS needs to establish specific performance measures to determine the effectiveness of the FATCA program. “If the IRS does not plan to enforce the FATCA provisions even where obvious noncompliance is identified, it should at least quantify the enforcement impact of its efforts,” said the report. “This will ensure that IRS decision makers have the information they need to determine if the FATCA program is worth the investment and improves taxpayer compliance. 

TIGTA made three recommendations in the report, including revising Campaign 896 processes to include assessing FATCA failure to file penalties; assessing the viability of using Form 1099 data to identify Form 8938 nonfilers; and implementing additional performance measures to give decision makers comprehensive information about the effectiveness of the FATCA program. The IRS disagreed with two of TIGTA’s recommendations and partially agreed with the remaining recommendation. IRS officials didn’t agree to assess penalties in Campaign 896 or with implementing performance measures to assess the effectiveness of the FATCA program. 

“From our perspective, TIGTA’s conclusions regarding IRS Campaign 896 are based, in part, on a misguided premise and overgeneralizations, including the treatment of ‘potential noncompliance’ as tantamount to ‘egregious noncompliance’ that warrants a monetary penalty without contemplating the variety of justifications that may exempt a taxpayer from having to file Form 8938,” wrote Mabeline Baldwin, acting commissioner of the IRS’s Large Business and International Division, in response to the report. 

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