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Billy Long confirmed by Senate as IRS commissioner

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The Senate confirmed Billy Long, a former Republican congressman from Missouri, as the new Internal Revenue Service commissioner after a series of acting commissioners have cycled through the role amid staffing and budget cuts at the agency.

Long was confirmed Thursday by a vote of 53-44 to lead the IRS. Long had once sponsored legislation to abolish the IRS while he served in Congress. Last month, he went through a contentious confirmation hearing in which Democrats on the Senate Finance Committee questioned him about his promotion of dubious Employee Retention Credits and so-called “tribal tax credits” after leaving Congress, where he served from 2011 to 2023. 

Ahead of the Senate vote Thursday, Senate Finance Committee rankling member Ron Wyden, D-Oregon, blasted Long’s record. “Fake tax credits,” he said. “Scam tax advice. Shadowy political donations that went straight in his pocket. Promises of personal favors. No-show jobs with high-paying federal salaries. That’s quite a rap-sheet.” On Wednesday, Wyden’s staff also accused Long of being involved in a bribery scheme involving a health care company in his former congressional district.

President Trump announced in December he planned to name Long as the next IRS commissioner, even though then-commissioner Danny Werfel’s term wasn’t scheduled to end until November 2027. Since then, the role has been filled by four acting commissioners who have faced pressures to accept drastic staff cuts at the agency and share taxpayer data with immigration authorities.

Despite the objections from Democrats, Long received support from Republicans in the Senate as well as the House. “I would like to extend my congratulations to my good friend, fellow Missourian, and former colleague, Billy Long, on his confirmation as IRS commissioner,” said House Ways and Means committee chairman Jason Smith, R-Missouri. “Commissioner Long has always been a fighter for the American people, and during his time in public service, he saw firsthand the widespread failures and corruption that have plagued the IRS. I am confident Commissioner Long will bring his Missouri ‘Show Me State’ attitude to the agency—demanding results, transparency and accountability from day one.”

One of Long’s tasks will be overseeing implementation of the massive tax legislation known as the One Big Beautiful Bill that was passed by the House last month and is now in the hands of the Senate.

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Investor anxiety over ‘revenge tax’ is overblown, Barclays says

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A controversial provision in President Donald Trump’s tax-and-spending bill aimed at penalizing countries with “unfair” tax regimes is unlikely to disrupt U.S. bond and stock markets, according to Barclays Capital.

Dubbed a “revenge tax” by the finance community, Section 899 of the budget bill calls for increasing levies for individuals and companies whose home countries’ tax policies the U.S. deems “discriminatory.” The proposal – which received House approval in May and is now under consideration in the Senate as part of the so-called One, Big Beautiful Bill — has raised concerns on Wall Street that it may drive away foreign investors at a time when their confidence in U.S. capital markets has already been shaken by the Trump administration’s policies. 

That’s not the view of Barclays analyst Michael McLean, who said the provision shouldn’t impact foreign investors’ interest income or capital gains earned from the U.S. debt securities, such as Treasuries and corporate bonds. That’s because the provision doesn’t appear to eliminate the existing portfolio interest exemption, which allows overseas investors to earn interest without paying withholding taxes, he said. 

“Section 899 should not make U.S. securities uninvestable for foreign investors or cause major disruption to US equity or bond markets,” wrote McLean, a U.S. public policy analyst at Barclays, in a report. He warned, however, that the provision may “significantly” increase taxes on the US operations of foreign multinational companies.

While most analysts agree that the tax exemption for non-U.S. bond investors remains intact under Section 899 — as suggested by a footnote in a congressional report related to the bill — they have urged lawmakers to make the point more explicitly. In addition, the provision is also ambiguous about whether foreign central banks would face a new withholding tax according to analysts at Goldman Sachs Group Inc.

Barclays’s McLean said Section 899 is likely to be included in the final version of the reconciliation bill. But the Senate may make some “technical” changes to clarify the draft and could delay its implementation by a year, until 2027, he wrote.

Senate Majority Leader John Thune has said that Republican lawmakers will examine the potential impact of the provision before passing the measure.

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Accounting

Tax Fraud Blotter: Sick excuses

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By any other name; poor Service; a saga continues; and other highlights of recent tax cases.

Rockford, Illinois: Tax preparer Gretchen Alvarez, 49, has pleaded guilty to preparing and filing false income tax returns.

She operated the tax prep business Sick Credit Repair Tax and Legal Services and represented herself as an income tax preparer. Alvarez did not have a PTIN and admitted that in 2019 and 2020 she misrepresented taxpayers’ eligibility for education credits and deducted fictitious business expenses from their taxable income to reduce tax liabilities and inflate refunds.

The tax loss totaled $356,881.

Sentencing is Sept. 17. Alvarez faces a maximum of three years in prison and a fine of up to $100,000.

Bangor, Maine: Paul Archer, a Florida resident formerly of Hampden and Orrington, Maine, has pleaded guilty to attempting to evade federal taxes and engaging in fraudulent transfers and concealment in a bankruptcy proceeding.

He operated an online marketing business for software installation, earning several million dollars from 2013 through 2015. After an IRS audit in 2016 assessed a federal tax debt totaling some $1 million, Archer concealed and transferred assets through two LLCs he controlled and began using third-party bank accounts to evade paying the tax debt. From April 2018 through November 2019, he transferred and concealed assets and income by using a series of bank accounts held in the names of Max Tune Up LLC; Stealth Kit LLC; his father; and his spouse. 

In March 2019, Archer filed for Chapter 7. In his paperwork and court statements, he falsely claimed less than $50,000 in assets; a single checking account; no other assets or property interests; no recent asset transfers; and no connections to any businesses or memberships in any LLCs. 

He faces up to five years in prison and a fine up to $250,000 on each of the two charges to which he pleaded guilty. Any sentence will be followed by up to three years of supervised release.

Fort Wayne, Indiana: Rakita Davis, 45, a former IRS employee, has been sentenced to two years of probation and ordered to pay $55,213.61 in restitution to the Small Business Administration after pleading guilty to wire fraud associated with pandemic relief.

Davis falsely claimed gross income for a business that did not exist when she applied for two Paycheck Protection Program loans in 2021. Employed by the IRS when she applied for the loans, Davis lied that she was the sole proprietor of a catering business when no such business existed. She received PPP funds that she spent on such personal items as jewelry, airfare, luxury car rentals and vacations.

Charleston, West Virginia: Business owner Luther A. Hanson has been sentenced to three years of probation and fined $5,000 for willful failure to pay over taxes.

From at least 2015 to September 2020, Hanson, who previously pleaded guilty, did not withhold or pay over some $149,905.38 in employment taxes to the IRS for two employees of his accounting businesses. Hanson owns and operates The Estate Planning Group Inc. and L.A. Hanson Accounting Services; the two employees provided accounting services for both.

Hanson admitted that prior to June 30, 2015, he and the two employees agreed that he would begin treating them as independent contractors. He also admitted that he knew this arrangement would relieve him of paying the employer portion of the employment taxes and of the employees’ withholdings. Neither employee changed their job duties.

He admitted that he knew that neither was an independent contractor while he paid each by check throughout their employment. Hanson further admitted that he did not pay the trust fund taxes to the IRS nor the employer’s share of employment taxes for the two employees each quarter during the arrangement.

The court previously determined that Hanson owed $146,771.37 to the U.S. after his scheme; Hanson paid that amount before sentencing. One of the employees paid a portion of the taxes owed, resulting in the adjusted figure of restitution Hanson owed.

Hands-in-jail-Blotter

Oakland, New Jersey: Business owner Walter Hass, of Hewitt, New Jersey, has been sentenced to four years in prison for his role in a $3.5 million payroll tax scheme.

Hass owned and operated a shipping and logistics company and since 2014 has operated the company under three different names. He failed to collect, account for and pay over payroll taxes to the IRS on behalf of each of these companies from 2014 to 2022, a total of at least $3.5 million.

Hass used company money to fund his personal lifestyle, including the purchase of luxury vehicles, high-end watches and jewelry, designer clothing, tickets to sporting events, home renovations, vacations, water sports vehicles and extravagant meals.

After signing his guilty plea in October 2023, he embarked on a campaign to avoid responsibility for his conduct. He lied to the court, to the U.S. Probation Office and to the government about a purported cancer diagnosis to delay the entry of his guilty plea and his sentencing. Hass fabricated three letters from physicians asserting that he had medical conditions, including kidney cancer, that prevented him from attending court proceedings. Hass did not have cancer and attempted to travel throughout the country and around the world during this time. 

Hass was also sentenced to three years of supervised release and ordered to pay $3,527,645 in restitution.

Atlanta: Attorney Vi Bui has been sentenced to 16 months in prison for obstructing the IRS in connection with his participation in the promotion of abusive syndicated conservation easement tax shelters.

Bui, who previously pleaded guilty, was a partner at the firm Sinnott & Co. and beginning at least in 2012 and continuing through at least May 2020 participated in a scheme to defraud the IRS by organizing, marketing, implementing and selling illegal syndicated conservation easement tax shelters created and organized by co-conspirators Jack Fisher, James Sinnott and others. (Fisher and Sinnott were convicted and sentenced to prison in January 2024.)

The scheme entailed creating partnerships that bought land and land-owning companies and donated easements over that land or the land itself. Appraisers generated fraudulent and inflated appraisals of the easements, and the partnerships then claimed a charitable contribution deduction based on the inflated value. Bui knew that to make it appear that the participants had timely purchased their units in the shelters, Fisher, Sinnott and others backdated and instructed others to backdate documents, including subscription agreements and checks.

Bui anticipated that the transactions would be audited. He and others created and disseminated lengthy documents disguising the true nature of the transaction, instituted sham “votes” for what to do with the land that the partnership owned despite knowing that outcome was predetermined, and falsified paperwork such as appraisals and subscription agreements. Bui earned substantial income for his role in the scheme.

He also used the fraudulent shelters to evade his own taxes, filing personal returns from 2013 through 2018 that claimed false deductions from the shelters.

He was also ordered to serve a year of supervised release and to pay $8,250,244 in total restitution to the IRS.

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ISSB standards adopted more widely across globe

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The International Financial Reporting Standards Foundation has posted profiles of 17 of the 36 jurisdictions around the world that have either adopted or used International Sustainability Standards Board disclosures or are in the process of finalizing steps to introduce the IFRS Sustainability Disclosure Standards in their regulatory frameworks.

The jurisdictional profiles include information about each jurisdiction’s stated target for alignment with ISSB standards and the current status of its sustainability-related disclosure requirements. 

“Why is the IFRS Foundation publishing these jurisdictional profiles, which set out by country or jurisdiction their approach to sustainability reporting. It’s really because we see this as part of our commitment to provide transparency to the market,” said ISSB vice chair Sue Lloyd during a press briefing. “It’s all very well talking about the use of our standards, but we know that different jurisdictions have made different decisions. They’re adopting the standards at a different pace, and by providing these profiles, we want to provide clarity, particularly for investors who are going to be relying on understanding the comparability of information between jurisdictions, to alert them to the similarities and differences in approach and to describe the extent to which we are achieving the global comparability that we have been working toward with the ISSB standards.”

She noted that the ISSB’s sister board, the International Accounting Standards Board, has also been publishing profiles on how different countries are complying with IFRS. In this case, it’s about sustainability reporting.

The profiles are accompanied by 16 snapshots that provide a high-level overview of other jurisdictions’ regulatory approaches that are still subject to finalization. Of the 17 jurisdictions profiled, 14 have set a target of “fully adopting” ISSB standards, two have set a target of ‘adopting the climate requirements’ of ISSB standards, and one targets “partially incorporating” ISSB Standards. The profiled jurisdictions cover Australia, Bangladesh, Brazil, Chile, Ghana, Hong Kong, Jordan, Kenya, Malaysia, Mexico, Nigeria, Pakistan, Sri Lanka, Chinese Taipei, Tanzania, Türkiye and Zambia.  

Accounting Today asked Lloyd about the United States, where the Securities and Exchange Commission’s climate reporting rule is on hold amid a spate of lawsuits and Trump administration policy on environmental issues.

“What we are seeing continue to be the case in the U.S. is very strong investor interest in sustainability information, including from the use of the ISSB standards,” Lloyd said. “We also have interest from companies who can choose to provide the information using our standards. Of course, many companies in the U.S. in the past have chosen to use the Sustainability Accounting Standards Board standards voluntarily, so that sort of voluntary adoption momentum is something we still see from the company and the investor side.”

“I think it’s also important to remember that the SEC just recently reconfirmed that if information on things like climate is material, there’s already a requirement to provide material information in accordance with existing requirements in place,” she continued. “And the last thing I’d note on the U.S. front is that while the SEC has indeed moved away from their proposed rule, we do see action at a state level, including, for example, in California, where the CARB [California Air Resources Board] is looking at climate disclosures, including the potential to allow the use of the ISSB standards to meet those requirements, so we see progress, but in different ways perhaps.”

The ISSB inherited the Sustainability Accounting Standards Board standards as part of a consolidation in 2022. Besides California, a number of U.S. states are considering requiring climate-related reporting, including New York. Both the California law and a bill in New York address disclosure of climate risks and directly refer to ISSB standards. Other states, including Illinois, New Jersey and Colorado, are also considering climate reporting, and some reporting is also required under a Minnesota law. 

Of the 16 jurisdictional snapshots published by the IFRS Foundation, 12 propose or have published standards (or requirements) that are fully aligned with ISSB standards (such as Canada) or are designed to deliver outcomes functionally aligned with those resulting from the application of ISSB standards (such as Japan). Three propose standards (or requirements) that incorporate a significant portion of disclosures required by ISSB standards, and one is considering allowing the use of ISSB standards. For these jurisdictions, their target approach to adoption is yet to be finalized. Once jurisdictions have finalized their decisions on adoption or other use of ISSB standards, the IFRS Foundation plans to publish a profile for these jurisdictions.   

“The ISSB standards are bringing clarity to investors on the risks and opportunities lying in value chains across time horizons in a rapidly changing world,” said ISSB chair Emmanuel Faber in a statement Thursday. “A year ago, we committed to publishing detailed jurisdictional profiles describing adoption of our standards to complement our Inaugural Jurisdictional Guide. The profiles provide a detailed current state-of-play to investors, banks, and insurers who continue to struggle with the lack of appropriate, comparable and reliable information on these critical factors affecting business prospects. We have seen new jurisdictions joining the initial cohort of ISSB adopters every month, with a total of 36 today.” 

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