The Internal Revenue Service has been hard at work these last few weeks on issues ranging from streamlining reporting requirements for renewable-energy tax credits to finalizing rules on stock-repurchase taxes and crypto transactions. But accountants and tax professionals are keeping their eye on the upcoming election to anticipate more widespread regulatory changes on the horizon.
The Republican party’s platform covers a wide swath of industry topics such as increased cryptocurrency interaction, unhindered artificial intelligence innovation and more, with further promises to prolong and make permanent the provisions of the Tax Cuts of Jobs Act of 2017 passed under former U.S. President Donald Trump.
Jonathan Traub, Washington national tax leader and managing principal at Deloitte Tax LLP, told Accounting Today this month that both the TCJA and external provisions such as the New Markets Tax Credit and premium credits for Affordable Care Act beneficiaries would be “front and center” next year.
“It just has to be,” Traub said. “It’s going to start out with a debate on the debt ceiling, which will set the tone for thoughts around the appetite of the new Congress, whoever the president is, to tolerate additional deficit spending or deficit-financed tax cuts, or whether they will tolerate them at all or not.”
The Democratic party’s platform is set to be released during the convention in August. In the meantime, experts are looking back at U.S. Vice President Kamala Harris‘ track record to see what legislative priorities the likely nominee could have.
Harris has historically focused on providing tax relief to those in the sub-$100,000 per year income bracket, as seen through the LIFT (Livable Incomes for Families Today) the Middle Class Act bill she proposed in 2018. The legislation would have provided up to $3,000 in tax credits for those filing as individuals and $6,000 to those filing as joint taxpayers, provided their income was less than $100,000.
Other measures included a proposed bill known as the Rent Relief Act, again for those with income under $100,000 per year, that would establish a refundable tax credit for those paying in excess of 30% of their gross income towards rent and utilities. The legislation drew sharp criticism from those who held that it would benefit landlords more than renters.
“Ultimately, Senator Harris’s rent relief bill would fail to address the root causes of the high cost of housing. … Instead, it would wind up benefiting landlords, not significantly improving the lives of renters and carrying a hefty price tag,” said experts with the nonpartisan Tax Foundation in a 2018 blog post.
For now, accountants and tax experts are accommodating new reporting requirements from the IRS for segments such as renewable energy, cryptocurrencies, corporate stock repurchases and more.
Read more about the agency’s recent changes and how different forms are changing in the coming months.
Construction workers unload a turbine blade at the Avangrid Renewables La Joya wind farm in Encino, New Mexico.
Cate Dingley/Bloomberg
IRS introduces condensed reporting for renewable energy tax credits
To help hasten the reporting process for renewable energy and electricity tax credits, the Internal Revenue Service’s Large Business and International Division is changing up its filing standards for Forms 3468 and 8835.
If a taxpayer has more than 200 of either Forms 3468 for the investment credits or Forms 8835 for the Renewable Energy Production Credit, they can instead file a single instance of each form with the aggregated credit tally. The filing must have an attached PDF file recording all the necessary information of each facility or property being reported.
Internal Revenue Service headquarters in Washington, D.C.
Andrew Harrer/Bloomberg
Regulations on corporate stock repurchase tax reach the finish line
The IRS, in conjunction with the Treasury Department, published a final rule on June 28 outlining the reporting and payment requirements for corporate stock repurchases encompassed by the Inflation Reduction Act.
Accounting Today’s Michael Cohn writes that under the act, which took effect in 2022, stock repurchases are subject to an excise tax equal to 1% of the aggregate fair market value of stock repurchased by certain corporations during the taxable year, subject to adjustments. Eligible deals start after Dec. 31, 2022.
The IRS’s final rule requires that tax to be reported on Form 720, “Quarterly Federal Excise Tax Return,” which is to be filed alongside the Form 7208, “Excise Tax on Repurchase of Corporate Stock.” The filing is required for the first full calendar quarter after the corporation’s taxable year ends.
The Internal Revenue Service headquarters in Washington, D.C.
Samuel Corum/Bloomberg
Rules on selling, exchanging crypto finalized by IRS
Brokers handling the possession of digital assets for their clients in specific sale or exchange transactions will see changes in reporting requirements under new final regulations from the Treasury and the IRS.
The Form 1099-DA, which the IRS previewed a draft of this year, requires brokers to report on gross proceeds for transactions, adjusted basis on certain transactions, fair market value of assets and other transaction details.
Eligible parties include providers of custodial digital-asset trading platforms and digital-asset kiosks, as well as specified digital-asset hosted wallet providers and processors of digital-asset payments.
“Because of the bipartisan Infrastructure Investment and Jobs Act, investors in digital assets and the IRS will have better access to the documentation they need to easily file and review tax returns,” said Treasury acting assistant secretary for tax policy Aviva Aron-Dine in a statement. “By implementing the law’s reporting requirements, these final regulations will help taxpayers more easily pay taxes owed under current law, while reducing tax evasion by wealthy investors.”
IRS provides guidance on emergency retirement plan withdrawals
Victims of domestic abuse or others with emergency personal expenses can now withdraw from eligible retirement plans, per new guidance from the IRS.
Notice 2024-55 provides taxpayers with detailed information about exceptions added under SECURE 2.0 that took effect this year, such as properly defining an emergency personal expense distribution, identifying which retirement plans are eligible, outlining limitations on distributions and more.
Distributions can be received within a one-year time frame that begins on the date when a taxpayer suffered an instance of domestic abuse
In the preview of the revised draft of Form 6765, questions were shifted around, novel questions were added and a new Business Component Detail section was created to account for quantitative and qualitative details of each component. Qualified small-business taxpayers as well as those with both total qualified research expenditures of $1.5 million or less and $50 million or less of gross receipts can opt out of the aforementioned section.
The IRS said the final Form 6765 would be released at a later date, but did not provide any more specific information about its timeline.
Senate Republicans unveiled a budget blueprint designed to fast-track a renewal of President Donald Trump’s tax cuts and an increase to the nation’s borrowing limit, ahead of a planned vote on the resolution later this week.
The Senate plan will allow for a $4 trillion extension of Trump’s tax cuts and an additional $1.5 trillion in further levy reductions. The House plan called for $4.5 trillion in total cuts.
Republicans say they are assuming that the cost of extending the expiring 2017 Trump tax cuts will cost zero dollars.
The draft is a sign that divisions within the Senate GOP over the size and scope of spending cuts to offset tax reductions are closer to being resolved.
Lawmakers, however, have yet to face some of the most difficult decisions, including which spending to cut and which tax reductions to prioritize. That will be negotiated in the coming weeks after both chambers approve identical budget resolutions unlocking the process.
The Senate budget plan would also increase the debt ceiling by up to $5 trillion, compared with the $4 trillion hike in the House plan. Senate Republicans say they want to ensure that Congress does not need to vote on the debt ceiling again before the 2026 midterm elections.
“This budget resolution unlocks the process to permanently extend proven, pro-growth tax policy,” Senate Finance Chairman Mike Crapo, an Idaho Republican, said.
The blueprint is the latest in a multi-step legislative process for Republicans to pass a renewal of Trump’s tax cuts through Congress. The bill will renew the president’s 2017 reductions set to expire at the end of this year, which include lower rates for households and deductions for privately held businesses.
Republicans are also hoping to include additional tax measures to the bill, including raising the state and local tax deduction cap and some of Trump’s campaign pledges to eliminate taxes on certain categories of income, including tips and overtime pay.
The plan would allow for the debt ceiling hike to be vote on separately from the rest of the tax and spending package. That gives lawmakers flexibility to move more quickly on the debt ceiling piece if a federal default looms before lawmakers can agree on the tax package.
Political realities
Senate Majority Leader John Thune told reporters on Wednesday, after meeting with Trump at the White House to discuss the tax blueprint, that he’s not sure yet if he has the votes to pass the measure.
Thune in a statement said the budget has been blessed by the top Senate ruleskeeper but Democrats said that it is still vulnerable to being challenged later.
The biggest differences in the Senate budget from the competing House plan are in the directives for spending cuts, a reflection of divisions among lawmakers over reductions to benefit programs, including Medicaid and food stamps.
The Senate plan pares back a House measure that calls for at least $2 trillion in spending reductions over a decade, a massive reduction that would likely mean curbing popular entitlement programs.
The Senate GOP budget grants significantly more flexibility. It instructs key committees that oversee entitlement programs to come up with at least $4 billion in cuts. Republicans say they expect the final tax package to contain much larger curbs on spending.
The Senate budget would also allow $150 billion in new spending for the military and $175 billion for border and immigration enforcement.
If the minimum spending cuts are achieved along with the maximum tax cuts, the plan would add $5.8 trillion in new deficits over 10 years, according to the Committee for a Responsible Federal Budget.
The Senate is planning a vote on the plan in the coming days. Then it goes to the House for a vote as soon as next week. There, it could face opposition from spending hawks like South Carolina’s Ralph Norman, who are signaling they want more aggressive cuts.
House Speaker Mike Johnson can likely afford just two or three defections on the budget vote given his slim majority and unified Democratic opposition.
Financial advisors and clients worried about stock volatility and inflation can climb bond ladders to safety — but they won’t find any, if those steps lead to a place with higher taxes.
The choice of asset location for bond ladders in a client portfolio can prove so important that some wealthy customers holding them in a taxable brokerage account may wind up losing money in an inflationary period due to the payments to Uncle Sam, according to a new academic study. And those taxes, due to what the author described as the “dead loss” from the so-called original issue discount compared to the value, come with an extra sting if advisors and clients thought the bond ladder had prepared for the rise in inflation.
Bond ladders — whether they are based on Treasury inflation-protected securities like the strategy described in the study or another fixed-income security — provide small but steady returns tied to the regular cadence of maturities in the debt-based products. However, advisors and their clients need to consider where any interest payments, coupon income or principal accretion from the bond ladders could wind up as ordinary income, said Cal Spranger, a fixed income and wealth manager with Seattle-based Badgley + Phelps Wealth Managers.
“Thats going to be the No. 1 concern about, where is the optimal place to hold them,” Spranger said in an interview. “One of our primary objectives for a bond portfolio is to smooth out that volatility. … We’re trying to reduce risk with the bond portfolio, not increase risks.”
Risk-averse planners, then, could likely predict the conclusion of the working academic paper, which was posted in late February by Edward McQuarrie, a professor emeritus in the Leavey School of Business at Santa Clara University: Tax-deferred retirement accounts such as a 401(k) or a traditional individual retirement account are usually the best location for a Treasury inflation-protected securities ladder. The appreciation attributes available through an after-tax Roth IRA work better for equities than a bond ladder designed for decumulation, and the potential payments to Uncle Sam in brokerage accounts make them an even worse asset location.
“Few planners will be surprised to learn that locating a TIPS ladder in a taxable account leads to phantom income and excess payment of tax, with a consequent reduction in after-tax real spending power,” McQuarrie writes. “Some may be surprised to learn just how baleful that mistake in account location can be, up to and including negative payouts in the early years for high tax brackets and very high rates of inflation. In the worst cases, more is due in tax than the ladder payout provides. And many will be surprised to learn how rapidly the penalty for choosing the wrong asset location increases at higher rates of inflation — precisely the motivation for setting up a TIPS ladder in the first place. Perhaps the most surprising result of all was the discovery that excess tax payments in the early years are never made up. [Original issue discount] causes a dead loss.”
The Roth account may look like a healthy alternative, since the clients wouldn’t owe any further taxes on distributions from them in retirement. But the bond ladder would defeat the whole purpose of that vehicle, McQuarrie writes.
“Planners should recognize that a Roth account is a peculiarly bad location for a bond ladder, whether real or nominal,” he writes. “Ladders are decumulation tools designed to provide a stream of distributions, which the Roth account does not otherwise require. Locating a bond ladder in the Roth thus forfeits what some consider to be one of the most valuable features of the Roth account. If the bond ladder is the only asset in the Roth, then the Roth itself will have been liquidated as the ladder reaches its end.”
That means that the Treasury inflation-protected securities ladder will add the most value to portfolios in a tax-deferred account (TDA), which McQuarrie acknowledges is not a shocking recommendation to anyone familiar with them. On the other hand, some planners with clients who need to begin required minimum distributions from their traditional IRA may reap further benefits than expected from that location.
“More interesting is the demonstration that the after-tax real income received from a TIPS ladder located in a TDA does not vary with the rate of inflation, in contrast to what happens in a taxable account,” McQuarrie writes. “Also of note was the ability of most TIPS ladders to handle the RMDs due, and, at higher rates of inflation, to shelter other assets from the need to take RMDs.”
The present time of high yields from Treasury inflation-protected securities could represent an ample opportunity to tap into that scenario.
“If TIPS yields are attractive when the ladder is set up, distributions from the ladder will typically satisfy RMDs on the ladder balance throughout the 30 years,” McQuarrie writes. “The higher the inflation experienced, the greater the surplus coverage, allowing other assets in the account to be sheltered in part from RMDs by means of the TIPS ladder payout. However, if TIPS yields are borderline unattractive at ladder set up, and if the ladder proved unnecessary because inflation fell to historically low levels, then there may be a shortfall in RMD coverage in the middle years, requiring either that TIPS bonds be sold prematurely, or that other assets in the TDA be tapped to cover the RMD.”
Other caveats to the strategies revolve around any possible state taxes on withdrawals or any number of client circumstances ruling out a universal recommendation. The main message of McQuarrie’s study serves as a warning against putting the ladder in a taxable brokerage account.
“Unsurprisingly, the higher the client’s tax rate, the worse the outcomes from locating a TIPS ladder in taxable when inflation rages,” he writes. “High-bracket taxpayers who accurately foresee a surge in future inflation, and take steps to defend against it, but who make the mistake of locating their TIPS ladder in taxable, can end up paying more in tax to the government than is received from the TIPS ladder during the first year or two.”
For municipal or other types of tax-exempt bonds, though, a taxable account is “the optimal place,” Spranger said. Convertible Treasury or corporate bonds show more similarity with the Treasury inflation-protected securities in that their ideal location is in a tax-deferred account, he noted.
Regardless, bonds act as a crucial core to a client’s portfolio, tamping down on the risk of volatility and sensitivity to interest rates. And the right ladder strategies yield more reliable future rates of returns for clients than a bond ETF or mutual fund, Spranger said.
“We’re strong proponents of using individual bonds, No. 1 so that we can create bond ladders, but, most importantly, for the certainty that individual bonds provide,” he said.
Loan applicants and mortgage companies often rely on an Internal Revenue Service that’s dramatically downsizing to help facilitate the lending process, but they may be in luck.
That’s because the division responsible for the main form used to allow consumers to authorize the release of income-tax information to lenders is tied to essential IRS operations.
The Income Verification Express Service could be insulated from what NMN affiliate Accounting Today has described of a series of fluctuating IRS cuts because it’s part of the submission processing unit within wage and investment, a division central to the tax bureau’s purpose.
“It’s unlikely that IVES will be impacted due to association within submission processing,” said Curtis Knuth, president and CEO of NCS, a consumer reporting agency. “Processing tax returns and collecting revenue is the core function and purpose of the IRS.”
Knuth is a member of the IVES participant working group, which is comprised of representatives from companies that facilitate processing of 4506-C forms used to request tax transcripts for mortgages. Those involved represent a range of company sizes and business models.
The IRS has planned to slash thousands of jobs and make billions of dollars of cuts that are still in process, some of which have been successfully challenged in court.
While the current cuts might not be a concern for processing the main form of tax transcript requests this time around, there have been past issues with it in other situations like 2019’s lengthy government shutdown.
President Trump recently signed a continuing funding resolution to avert a shutdown. But it will run out later this year, so the issue could re-emerge if there’s an impasse in Congress at that time. Republicans largely dominate Congress but their lead is thinner in the Senate.
The mortgage industry will likely have an additional option it didn’t have in 2019 if another extended deadlock on the budget emerges and impedes processing of the central tax transcript form.
“It absolutely affected closings, because you couldn’t get the transcripts. You couldn’t get anybody on the phone,” said Phil Crescenzo Jr., vice president of National One Mortgage Corp.’s Southeast division.
There is an automated, free way for consumers to release their transcripts that may still operate when there are issues with the 4506-C process, which has a $4 surcharge. However, the alternative to the 4506-C form is less straightforward and objective as it’s done outside of the mortgage process, requiring a separate logon and actions.
Some of the most recent IRS cuts have targeted technology jobs and could have an impact on systems, so it’s also worth noting that another option lenders have sometimes elected to use is to allow loans temporarily move forward when transcript access is interrupted and verified later.
There is a risk to waiting for verification or not getting it directly from the IRS, however, as government-related agencies hold mortgage lenders responsible for the accuracy of borrower income information. That risk could increase if loan performance issues become more prevalent.
Currently, tax transcripts primarily come into play for government-related loans made to contract workers, said Crescenzo.
“That’s the only receipt that you have for a self-employed client’s income to know it’s valid,” he said.
The home affordability crunch and rise of gig work like Uber driving has increased interest in these types of mortgages, he said.
Contract workers can alternatively seek financing from the private non-qualified mortgage market where bank statements could be used to verify self-employment income, but Crescenzo said that has disadvantages related to government-related loans.
“Non QM requires higher downpayments and interest rates than traditional financing,” he said.
In the next couple years, regional demand for loans based on self-employment income could rise given the federal job cuts planned broadly at public agencies, depending on the extent to which court challenges to them go through.
Those potential borrowers will find it difficult to get new mortgages until they can establish more of a track record with their new sources of income, in most cases two years from a tax filing perspective.