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Harris goes quiet on Biden’s push to tax unrealized gains

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Vice President Kamala Harris has gone silent on Democrats’ bid to tax unrealized investment gains — casting doubt on how strongly she’d push for a key plank of the party’s efforts to raise taxes on billionaires.

Harris, who has already pledged to scale back one of President Joe Biden’s key policies on capital gains taxation, is declining to give specifics about her support for other pillars of the administration’s vision to raise taxes on businesses and the wealthy. That includes a White House plan to tax unrealized gains, a major proposed Internal Revenue Code change designed to increase levies on the richest Americans who are often able to avoid taxes under the current rules.

The Democratic nominee still supports a billionaire minimum tax, a campaign official said in a brief statement, speaking on condition of anonymity. Her team declined to provide specifics about that proposal or comment directly on how unrealized gains would be treated.

Kamala Harris in October 2024
U.S. Vice President Kamala Harris

Hannah Beier/Photographer: Hannah Beier/Bloom

Harris’ campaign also declined to say if she supports the specific parameters of the minimum tax on billionaires included in Biden’s annual budget request to Congress, which — despite the name — would apply a 25% minimum levy to income of those with at least $100 million in assets. Her campaign has been mum about whether she would seek to change a provision in the tax code that allows many wealthy individuals to avoid capital gains taxes entirely when they pass assets onto their heirs.

The move to tax unrealized gains was one of the more polarizing features of Biden’s budget proposal — critics saw it as murky to enforce and a disincentive for growth, while advocates cheered it as an innovative way to tax the rich more.

Harris’ silence comes as she’s bolstered her pro-business rhetoric and tacked her policy agenda to the middle to woo Republican and independent voters with polls showing her deadlocked against Republican rival Donald Trump. She described herself as a “pragmatic capitalist” in an interview with Telemundo Tuesday, saying she is part of a new generation of leadership that “actively works with the private sector to build up the new industries of America.”

Days after Harris replaced Biden as the Democratic presidential nominee in late July, her campaign said she supports the revenue measures in the president’s budget request, though she’s since broken with him on the scope of a capital gains tax increase, calling for a top rate hike from 20% to 28%, instead of the 39.6% that Biden has embraced.

Capital gains taxes are generally paid when an asset is sold, which means that people who hold an asset that has appreciated considerably don’t immediately pay taxes on the increase. In some cases, the wealthy simply borrow money against the gains rather than having to sell.
Some of the richest people owe relatively few taxes in comparison to their overall wealth because they hold onto their assets indefinitely, vastly growing their personal fortunes through unrealized gains, but rarely recording any income on paper, which would trigger an IRS bill.

The ambiguity on unrealized gains could be strategic — by avoiding taking a position, Harris is able to give herself room to negotiate in the future on a portion of her tax agenda that is closely scrutinized by Wall Street and Silicon Valley.

Billionaire investor Mark Cuban, a Harris ally, predicted over the weekend that a tax on unrealized gains would not be enacted. “That’s an economy killer. Kamala knows that,” Cuban said at an event Saturday in Arizona, according to NBC. “You haven’t heard her talk about it.”

The debate is, in some ways, theoretical, with polls showing Republicans on track to take control of the Senate even if Harris wins the presidency. A divided government dims her hopes of passing the fresh taxes she’s seeking, and may pressure her to avoid digging in on proposals with slim chances of success.

Harris is grappling with how strongly to break from Biden in the race against Trump, where his campaign has said a tax on unrealized gains would “kill 75,000 jobs, reduce investment incentives, hurt long-term economic growth, and target family farms and family-owned small businesses the most.” Trump, for his part, has campaigned on a long list of politically-targeted tax breaks, which economists have warned would add trillions to the national debt.

The Biden budget, which has proposed including unrealized gains when calculating income for the 25% billionaire minimum tax, has also raised concerns from tax professionals. 

The plan “would be a departure from the way we’re treating capital gains under current law and how we treat it historically,” Garrett Watson, a senior policy analyst at the right-leaning Tax Foundation, said in an interview. “We’re generally more skeptical of this kind of approach.”

Harris has also campaigned on a slew of other tax measures, including higher corporate tax rates, an expanded child tax credit and expanded deductions for startup businesses.

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Tax Fraud Blotter: Senate appropriations

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Checked out; nothing’s free; some days the Bear gets you; and other highlights of recent tax cases.

Tualatin, Oregon: Businessman David Katz has been sentenced to four years in prison and three years of supervised release and ordered to repay tens of millions of dollars for conspiring to defraud the United States and filing false currency transaction reports.

From January 2014 through December 2017, Katz, president of Check Cash Pacific Inc., conspired with others in the construction industry to facilitate under-the-table payments to workers. Sham companies were created and used to cash more than $177 million in payroll checks at different Check Cash locations, with the cash then used to pay construction workers with no taxes withheld or reported to the IRS. 

Hundreds of thousands of dollars of payroll checks were cashed daily and Katz was aware that at least one of his co-conspirators used a false name and Social Security number. Acting as compliance officer, Katz allowed hundreds of false regulatory reports to be filed knowing they contained the fake identity.

Katz received a 2% commission on each transaction, which, in total, amounted to more than $4 million. He and his co-conspirators prevented the IRS from collecting more than $44 million in payroll and income taxes.

Katz, found guilty in June, was also ordered to pay $44,877,254 in restitution to the IRS.

Trenton, New Jersey: CPA and tax preparer Ralph Anderson has been sentenced to two years in prison for his role in the promotion and sale of abusive syndicated conservation easement shelters.

He worked for accounting firms in New Jersey and New York. From around 2013 to 2019, he promoted and sold tax deductions to high-income clients in the form of units in illegal syndicated conservation easement tax shelters created by convicted co-conspirators Jack Fisher and James Sinnott.

The charitable deductions purchased by clients were derived from the donation of land with a conservation easement or the land itself to a charity, and the deductions were based on fraudulently inflated appraisals for the donated land. Anderson and the promoters promised clients “4.5 to 1” in deductions for every dollar paid into the shelter. In some instances, Anderson and his co-conspirators also instructed and caused clients to falsely backdate documents.

Each year from 2013 to 2019, Anderson and his co-conspirators assisted clients with claiming these false deductions on their returns. In total, Anderson assisted in preparing returns for clients that claimed more than $9.3 million in false charitable deductions based on backdated documents, which caused a tax loss to the United States of nearly $3 million.

Between approximately 2016 and 2019, Anderson earned more than $300,000 in commissions for promoting and selling illegal shelters to his clients. He also claimed false deductions for charitable contributions generated from the shelters that he received as “free units” on his own returns and fraudulently reduced his own taxes on his income from the scheme.

Anderson, who previously pleaded guilty, was also ordered to serve three years of supervised release and pay $3,543,005.53 in total restitution to the IRS and the Small Business Administration.

The scheme resulted in more than $1.3 billion in fraudulent deductions and caused more than $400 million in tax loss to the IRS. Fisher and Sinnott were previously sentenced; nine additional defendants pleaded guilty to the scheme, including six CPAs, two attorneys and an appraiser. 

Fitchburg, Massachusetts: Former Massachusetts State Senator Dean A. Tran has been sentenced to 18 months in prison, to be followed by two years of supervised release.

Convicted last year, Tran served as an elected member of the Massachusetts State Senate from 2017 to January 2021. After his term ended, Tran fraudulently received pandemic unemployment benefits while simultaneously employed as a paid consultant for a New Hampshire-based retailer of automotive parts; Tran fraudulently collected $30,120 in pandemic unemployment benefits.

He concealed $54,700 of that consulting income on his 2021 federal income tax return, in addition to thousands of dollars that he concealed from the IRS while collecting rent from tenants who rented his local property from 2020 to 2022.

Tran was also ordered to pay $25,100 in restitution to the Massachusetts Department of Unemployment Assistance and $23,327 to the IRS, as well as a $7,500 fine and an assessment of $2,300.

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Miami: A federal court has issued a permanent injunction against tax preparer Dieuseul Jean-Louis that bars him from preparing or assisting in preparing federal income tax returns, working for or having any ownership stake in any tax prep business, assisting others to set up business as a preparer, and transferring or assigning customer lists to any other person or entity.

Jean-Louis, d.b.a. DJL Multi-Services, prepared returns for clients that claimed, without clients’ knowledge, various false or fabricated deductions and credits, including false charitable and mortgage interest deductions, fake or inflated business expenses, and fraudulent claims for the Fuel Tax Credit and American Opportunity Credit. The complaint further alleged that Jean-Louis falsified clients’ income and filing statuses to increase the amount of the Earned Income Tax Credit, and that Jean-Louis has prepared thousands of returns for clients for more than a decade.

The complaint asserted that Jean-Louis furnished clients with copies of returns that were different from the returns filed with the IRS where the latter claimed a higher refund, which allowed Jean-Louis to retain the additional amount without clients’ knowledge.

The court also ordered Jean-Louis to disgorge $245,275 that he’d received from his tax prep business. He agreed to both the injunction and the disgorgement.

Rumford, Maine: Business owner Jeffrey Richard has been sentenced to a year and a day in prison, to be followed by three years of supervised release, for evading employment taxes.

Between 2013 and 2017, Richard attempted to evade employment withholding taxes owed by his company, Black Bear Industrial, by regularly using money from the business bank account to make business and personal purchases while making no payments toward Black Bear’s tax liability.

He also created two nominee companies and took steps to disguise his ownership of the companies, lying to an IRS officer that he had anything to do with one of them. The other company did business and had more than $174,000 of business income in 2017, but none of the money was used to pay the IRS. Richard never informed the IRS about the company, and the company never filed corporate or employment tax returns.

Richard, who pleaded guilty in 2023, was also ordered to pay $910,980.37 in restitution to the IRS.

Vancouver, Washington: Unlicensed tax preparer Saul Valdez, owner of a business that sought to assist immigrants with a variety of services, has been sentenced to nine months in prison and four months of home confinement for tax fraud.

He operated Conexion Latina and used such programs as TaxAct and TurboTax to prepare taxes. He led his immigrant clients to believe he was filling out their tax forms correctly. Instead, from 2016 through 2018, he inserted a variety of false deductions and expenses on returns.

For tax year 2017, he claimed false and fraudulent expenses, donations and credits on 36 returns, causing a tax loss of $54,045. 

Valdez, who pleaded guilty in 2023, has agreed to pay that in restitution and admits that the total tax loss for his fraud is $1,293,921.

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Wolters Kluwer CEO Nancy McKinstry to retire in 2026

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Wolters Kluwer announced that its CEO, Nancy McKinstry, will be retiring next year. Her official retirement date is February 2026, at which point it is intended that Stacey Caywood, current CEO of Wolters Kluwer Health, will take over as chief executive. 

McKinstry is a longtime veteran of Wolters Kluwer, having served numerous leadership positions with the firm even prior to becoming CEO, first coming into the company in the 90s. She has been CEO of the company’s operations in North America; President and CEO of Legal Information Services (currently part of Wolters Kluwer’s Governance, Risk & Compliance division); and product management positions with CCH Inc., now part of Wolters Kluwer Tax & Accounting. She has also been a member of the Executive Board since June 1, 2001. 

She became CEO in 2003 and has maintained the position since then.

The Supervisory Board plans to nominate Caywood, the intended successor, as a member of the Executive Board during its May 15, 2025 Annual General Meeting of Shareholders. After appointment by Wolters Kluwer’s shareholders at the Annual General Meeting on May 15, 2025, the Executive Board of Wolters Kluwer N.V. will consist of McKinstry (CEO, until February 2026), Kevin Entricken (CFO) and Caywood. The plan is that Caywood will then be appointed CEO of Wolters Kluwer once McKinstry officially retires in February. 2026. 

McKinsky said she was grateful for the chance to lead Wolters Kluwer through decades worth of changes, and expressed confidence in her intended successor. 

“It has been an honor and privilege to lead Wolters Kluwer through decades of transformation as the market has evolved, and I am committed to ensuring the company’s continued strength and relevance,” said McKinstry. “I am deeply grateful to the Board and my past and present colleagues for their support throughout my tenure. We have a strong foundation in place and, with Stacey, an extraordinarily talented and experienced successor. Stacey’s track record as a leader, her customer-focused approach, and her deep knowledge of our company gives me full confidence that Wolters Kluwer will be in excellent hands under her leadership. I am dedicated to ensuring a seamless transition over the next year.”

The intended new CEO, Caywood, specializes in business transformation, digital revenue growth, and innovation across legal, compliance, and healthcare markets. Her expertise spans strategy execution, portfolio management and M&A, product innovation, and commercial excellence. She has led Wolters Kluwer Health since 2020, where she led the further evolution and development of Wolters Kluwer’s healthcare solutions. Prior to that, as CEO of Wolters Kluwer Legal & Regulatory, she led a strategic transformation across Europe and the U.S., returning the business to organic growth.

“We are delighted to nominate Stacey Caywood as Wolters Kluwer CEO, effective February 2026,” said  Ann Ziegler, Chair of the Wolters Kluwer Supervisory Board. “Stacey’s successful track record leading two of our largest divisions, her deep understanding of our business, and her active role in developing the group’s 2025-2027 strategic plan make her the ideal candidate to lead the company into the future. For over thirty years, Stacey has held various leadership roles within the company, and we have full confidence in her ability to continue Wolters Kluwer’s legacy of sustainable value creation through excellence and innovation. We look forward to working closely with Stacey and supporting her in this new role.”

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PCAOB quizzes auditors on new confirmation standard

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The Public Company Accounting Oversight Board posted a new “knowledge check” to help auditors gauge their understanding of the new confirmation standard.

AS 2310, The Auditor’s Use of Confirmation, and Other Amendments to PCAOB, replaces an interim standard, AS 2310, The Confirmation Process, and is effective for audits of financial statements for fiscal years ending on or after June 15, 2025. The results of the knowledge checks are anonymous, and the PCAOB staff will not publicize results or use them in its oversight activities. 

PCAOB logo - office - NEW 2022

This knowledge check is the latest in a series of resources, including staff presentations, to help auditors prepare for implementation. Earlier this month, the PCAOB posted another knowledge check on its new quality control standard, QC 1000, A Firm’s System of Quality Control.

More implementation resources on AS 2310 and other PCAOB standards and rules can be found at the Implementation Resources for PCAOB Standards and Rules page. Auditors with questions can contact PCAOB staff via its contact form or by phone at (202) 591-4395.

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