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Reining in the ERC, and other major developments at the IRS

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Since the introduction of the Inflation Reduction Act more than two years ago, the Internal Revenue Service has been hard at work putting the increased funding towards a range of initiatives, including improving services like its Business Tax Account and other programs. As the pace of new guidance and regulations increases, tax professionals are keeping a close watch on what’s coming next.

Legislation like the IRA has combined with growing consumer interest in digital assets, pandemic relief measures and other market factors into a force driving the IRS to issue fresh guidance. This regulatory clarity helped erase some of the uncertainty regarding increased compliance burdens.

Tom O’Saben, director of tax content & government relations at the National Association of Tax Professionals, said the IRS’s quickened pace this year has highlighted the importance of staying current with filing standards.

“Clients rely on tax professionals to navigate complex, ever-changing tax laws,” O’Saben said. “Staying updated with IRS guidance is essential for ensuring that tax returns are accurate and compliant with the latest regulations. Tax professionals must know new rules, interpretations and deadlines to avoid errors and penalties.”

The upcoming presidential election has brought its fair share of challenges as well.

Practitioners have been looking for ways to gauge what each administration could yield for the tax landscape, and are closely scrutinizing the past efforts of both Kamala Harris and Donald Trump to see how they’ve addressed issues in the past. This lens extends to both candidates’ running mates as well.

With the Tax Cuts and Jobs Act, taxes on tips, clean-energy tax credits and more all hanging in the balance, the future is still uncertain.

“Based on what I have heard [and] read about ‘Project 2025,’ a new administration would want to replace experienced government personnel with people whose primary responsibility would be to the chief executive, regardless of their background, training and experience,” said Neil Fishman, former president of the National Conference of CPA Practitioners and owner of Fishman Associates CPAs.

Others, like Stephen Mankowski, owner of the Pennsylvania-based accounting firm Mankowski Associates CPA, and current co-chair of the National Tax Policy Committee at NCCPAP, feel that the fate of the IRS’ path forward rests not with the White House but with Congress.

“Regardless of the administration, we can only hope that Congress ensures adequate funding for the IRS to modernize their systems and continue to enhance the overall taxpayer experience. … It is with these changes where the IRS can have the biggest impact on taxpayers and tax professionals,” Mankowski said.

Read on to find out more about the latest guidance and procedure changes out of the IRS and what they mean for the industry at large.

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Acting IRS commissioner reportedly replaced

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Gary Shapley, who was named only days ago as the acting commissioner of the Internal Revenue Service, is reportedly being replaced by Deputy Treasury Secretary Michael Faulkender amid a power struggle between Treasury Secretary Scott Bessent and Elon Musk.

The New York Times reported that Bessent was outraged that Shapley was named to head the IRS without his knowledge or approval and complained to President Trump about it. Shapley was installed as acting commissioner on Tuesday, only to be ousted on Friday. He first gained prominence as an IRS Criminal Investigation special agent and whistleblower who testified in 2023 before the House Oversight Committee that then-President Joe Biden’s son Hunter received preferential treatment during a tax-evasion investigation, and he and another special agent had been removed from the investigation after complaining to their supervisors in 2022. He was promoted last month to senior advisor to Bessent and made deputy chief of IRS Criminal Investigation. Shapley is expected to remain now as a senior official at IRS Criminal Investigation, according to the Wall Street Journal. The IRS and the Treasury Department press offices did not immediately respond to requests for comment.

Faulkender was confirmed last month as deputy secretary at the Treasury Department and formerly worked during the first Trump administration at the Treasury on the Paycheck Protection Program before leaving to teach finance at the University of Maryland.

Faulkender will be the fifth head of the IRS this year. Former IRS commissioner Danny Werfel departed in January, on Inauguration Day, after Trump announced in December he planned to name former Congressman Billy Long, R-Missouri, as the next IRS commissioner, even though Werfel’s term wasn’t scheduled to end until November 2027. The Senate has not yet scheduled a confirmation hearing for Long, amid questions from Senate Democrats about his work promoting the Employee Retention Credit and so-called “tribal tax credits.” The job of acting commissioner has since been filled by Douglas O’Donnell, who was deputy commissioner under Werfel. However, O’Donnell abruptly retired as the IRS came under pressure to lay off thousands of employees and share access to confidential taxpayer data. He was replaced by IRS chief operating officer Melanie Krause, who resigned last week after coming under similar pressure to provide taxpayer data to immigration authorities and employees of the Musk-led U.S. DOGE Service. 

Krause had planned to depart later this month under the deferred resignation program at the IRS, under which approximately 22,000 IRS employees have accepted the voluntary buyout offers. But Musk reportedly pushed to have Shapley installed on Tuesday, according to the Times, and he remained working in the commissioner’s office as recently as Friday morning. Meanwhile, plans are underway for further reductions in the IRS workforce of up to 40%, according to the Federal News Network, taking the IRS from approximately 102,000 employees at the beginning of the year to around 60,000 to 70,000 employees.

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Accounting

On the move: EY names San Antonio office MP

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Carr, Riggs & Ingram appoints CFO and chief legal officer; TSCPA hosts accounting bootcamp; and more news from across the profession.

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Accounting

Tech news: Certinia announces spring release

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Certinia announces spring release; Intuit acquires tech and experts from fintech Deserve; Paystand launches feature to navigate tariffs; and other accounting tech news and updates.

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