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IRS adds changes to tax filings, reporting standards on cryptocurrency

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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.” 

Read more: Project 2025 goals would transform wealth management landscape

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.

Read more: How Kamala Harris may shift the crucial tax debate in this year’s election

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.

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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.

This change is in effect for the 2023 tax year.

Read more: IRS offers relief on reporting renewable energy tax credits

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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.

Read more: IRS finalizes regs on stock repurchase tax

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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.”

Read more: IRS finalizes rules on selling and exchanging crypto

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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

Read more: New guidance on emergency distributions from retirement plans

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The Internal Revenue Service facility in New Carrollton, Maryland

Al Drago/Bloomberg

IRS previews revised Research Credit form

The IRS debuted a tentative version of an updated Form 6765, “Credit for Increasing Research Activities,” on June 21 following a wave of feedback about an earlier instance of the documentation.

The agency has worked to stem instances of fraudulent R&D tax credit claims by increasing its documentation requirements for roughly three years, but was met with pushback from users and tax experts decrying the standards as too burdensome. To address those concerns, the IRS eased up on some of the necessary standards.

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.

Read more: IRS drafts revised Research Credit form

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What’s behind the talent exodus in accounting?

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Enjoy complimentary access to top ideas and insights — selected by our editors.

Talent acquisition and retention is a growing challenge in the accounting profession. Despite efforts to raise salaries, and firms diving deeper into the realm of artificial intelligence to make up for staffing shortages, experts say widespread changes are needed to refocus the next generation of talent on the future of accounting — not the present.

To start, average starting salaries for those with accounting majors fall short of those offered to business majors and applicants in the technology and finance sectors.

Data from Accounting Today’s inaugural salary survey found that average annual wages are uncompetitive at $65,000 and $88,000 for entry-level staff and senior team members respectively. It’s not until reaching managerial roles that average salaries go beyond six figures at $106,000 at small firms and $121,000 for those working at large organizations.

“The industry as a whole is not attractive to the younger population, and it’s difficult for our staff to work remotely,” Paul Miller, a CPA and managing partner at Miller & Company in New York, said in an interview with Accounting Today’s Jeff Stimpson. “We pay our staff above [the] industry average, we offer excellent benefits, we have a matching pension plan [and] more importantly … we treat people well and respect our staff.”

Read more: Misconceptions and mismatches: Dealing with the staff shortage

Wage disparities are only one piece of the puzzle, however. 

Leaders of audit firms and accounting practices have taken to integrating traditional and generative AI tools into their organizations to handle the mundane tasks that normally plague professionals. The challenge then becomes, how can firms effectively use this technology without outmoding the entry-level positions that would otherwise handle the mundane?

Shagun Malhotra, CEO and founder of Skystem, told Accounting Today last month that modifying accounting education and certifications to include a greater focus on technology “could make the profession more appealing and relevant to a younger, broader set of professionals,” she said.

“The focus needs to shift from routine compliance tasks to strategic, technology-driven roles that still add value to the business without wasting time on [un]necessary tasks,” Malhotra said.

Read more: Do we need a paradigm shift to overcome the accountant shortage?

AI adoption will only continue to grow as regulators become more knowledgeable and comfortable with the technology, which executives hope will ease the workload for accountants across the profession and, in turn, reduce turnover.

“We’ve asked tax and accounting professionals to do too much with too few resources for too long. … The burnout shows through high attrition rates and professionals committing highly visible errors,” said Elizabeth Beastrom, president of Thomson Reuters Tax & Accounting.

Read on for a look at the top talent struggles hitting firms across the U.S. and expert commentary on what factors are underpinning this trend.

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CFP Board, FPA and others call for tax incentives

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Five of the most important organizations in the planning profession are pushing for lawmakers to restore tax incentives for financial advice ahead of a massive potential deadline next year.

In a letter to the U.S. House Ways and Means Committee, the CFP Board, the Financial Planning Association, the Financial Services Institute, the Investment Adviser Association and the National Association of Personal Financial Advisors described the loss of a deduction for financial advice as “an unintended consequence” of the Tax Cuts and Jobs Act. The message last month came about six weeks before one of the most consequential elections for tax policy in recent memory will decide the fate of the many expiring provisions of the law.

READ MORE: Economists want to trash the QBI deduction. What will voters say?

The letter represents an area of agreement among wealth management trade and professional organizations that have split in other policy debates — such as the Biden administration’s rule expanding fiduciary duties to 401(k) rollovers and other types of retirement advice. The groups are just a few of the many that will be vying to get back their highly specific tax credits or deductions once the dust settles on the election and the next president and Congress work out what to do about the parts of the 2017 law with a sunset date at the end of 2025. For example, the doubling of the standard deduction, the end of personal exemptions and other changes have drastically reduced itemization in recent years.

Repeal of “a limited tax deduction for investment advice” as part of the law essentially raised the “cost of financial advice crucial to Main Street investors saving for retirement, college and other important life events such as home purchases,” according to Erin Koeppel, the managing director of government relations and public policy counsel of the CFP Board. Reinstating incentives could bring tax savings for those who weren’t previously eligible for the deduction because their fees didn’t go above 2% of their adjusted gross income, Koeppel noted.    

“Congress and the new administration will have the opportunity to restore and expand tax incentives to make financial advice more accessible to everyday Americans,” she said in a statement. “Tax credits or other subsidies aimed at moderate-income individuals would encourage these investors to seek professional financial advice, which, in turn, will improve financial outcomes. This ultimately will allow a broader range of Americans to access financial advice for major financial milestones and everyday needs.”

READ MORE: How the election — and Senate procedure — will decide tax policies

However, the earlier deduction and other “miscellaneous” items eliminated by the Tax Cuts and Jobs Act added up to roughly $32 billion worth of revenue in the first 10 years of the legislation, according to Garrett Watson, a senior policy analyst and modeling manager at the nonprofit, nonpartisan Tax Foundation. The writers of the legislation were seeking “to broaden and simplify the tax base as a partial offset to other tax changes in the law that were scored as losing revenue under the baseline,” Watson said in an email.

“I have not seen any specific evidence suggesting that the repeal of this deduction led to a decline in Americans seeking financial advice or if it noticeably impacted the prices for those services,” he said. “The AGI floor means that a portion of those services were not impacted at all, and taxpayers received tax breaks elsewhere that would offset (or more than offset) this tax increase in insolation.”

In their letter, the organizations argued that the earlier tax incentives “may have appeared inconsequential” at the time of the 2017 law, but the COVID-19 pandemic and accompanying economic volatility demonstrated the importance of “having access to affordable, professional advice from trusted financial professionals.” 

“As Congress considers extending the expiring provisions of the TCJA, we ask that Congress restore and expand tax incentives for financial advice, including financial planning,” the organizations wrote in the Sept. 16 letter. “Such tax incentives may include deductions, credits, or a combination thereof. Further, Congress should ensure that these incentives are responsive to the needs of Main Street Americans. All taxpayers need help to obtain the critical financial advice they need now, and any tax incentives should be widely available to American households.”

READ MORE: Why tax-related services drive business for RIAs

They had responded to a call by House Ways and Means Committee Chairman Jason Smith, a Republican from Missouri, and other members for public input on the expiring portions of the law. For future occupants of the White House and Congress, the looming deadline will create difficult choices about the economy, the federal budget deficit and a variety of other issues. 

“The challenge heading into next year is every specific tax deduction, credit or other expenditure has a specific use-case and set of folks who argue that they should be retained, but this comes at the cost of greater complexity in our tax code and higher tax rates,” Watson said. “If anything, we may need to further base broadening efforts to ensure the fiscal situation improves federally, and that would include retaining the progress policymakers made on base broadening in 2017. This can help keep tax rates lower, which is helpful for taxpayers and American families across the country.”

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SEC’s evolving stance on climate disclosures has implications for auditors

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The Securities and Exchange Commission has been constantly revising its stance on how public companies should report their climate impact. 

These ongoing changes are keeping auditors, companies and investors confused. After proposing ambitious rules in 2022, the SEC adopted a scaled-back version in 2024. The new rules are set forth in Release No. 33-11275. However, this new regulatory environment has faced legal challenges, creating uncertainty for companies and auditors. The agency took the unexpected step of voluntarily pausing the implementation of the rules while legal proceedings were ongoing.

Both progress and setbacks have marked the SEC’s journey toward finalizing climate disclosure rules. While the initial proposal aimed to require extensive climate-related disclosures, the final rules ultimately focused on critical areas like Scope 1 and 2 emissions, financial statement disclosures, and board oversight. However, even these revised rules have faced significant opposition.

How are the 2022 proposed rules different from the final rules?

One of the most contentious areas was the treatment of Scope 3 emissions. The 2022 proposal would have required public companies to disclose Scope 3 emissions, representing indirect emissions from upstream and downstream activities. This included emissions associated with a company’s supply chain, transportation and other value chain activities.

In a significant departure from the original proposal, the SEC eliminated the Scope 3 emissions disclosure requirement in the final rules. This decision was met with praise and criticism, with opponents arguing that Scope 3 emissions are critical to a company’s overall carbon footprint.

Other significant changes include the following:

  • Scope 1 and 2 emissions: While the requirement for Scope 1 and 2 emissions (direct and indirect emissions from purchased electricity) remained, it was limited to larger companies (accelerated and large accelerated filers) and only if the emissions were deemed “material.”
  • Financial statement disclosures: The proposed requirement to disclose the impact of climate-related risks on financial statements was removed from the final rules.
  • Board oversight: The SEC also eliminated requirements for disclosing board members’ climate-related experience and specific climate responsibilities.
  • Flexibility: The final rules provide more flexibility regarding where and how companies present their climate-related disclosures.

Why did the SEC make the changes?

The SEC’s decision to scale back the initial proposal was likely influenced by a combination of factors, including:

  • Complexity: Scope 3 emissions can be complex to measure and report, and some companies may have faced challenges in collecting and analyzing this data.
  • Legal challenges: The SEC may have anticipated legal challenges to the Scope 3 emissions requirement and removed it to avoid potential regulatory uncertainty.
  • Economic impacts: Some critics argued that requiring Scope 3 emissions disclosure could impose significant costs on businesses, particularly smaller companies.

While the final rules represent a compromise between the SEC’s initial ambitions and the concerns of various stakeholders, the issue of climate-related disclosures remains a complex and controversial topic. Ongoing legal challenges and continued uncertainty persist.

Legal battles and regulatory uncertainty

Almost immediately after the final rules were adopted, various groups, including businesses, conservative organizations and environmental activists, challenged them in court. In response, the SEC unexpectedly voluntarily paused the implementation of the rules while legal proceedings were ongoing. This decision has created a period of uncertainty for auditors and their clients. 

On April 4, 2024, the SEC voluntarily issued a stay on its climate disclosure rules, originally adopted on March 6, 2024. This decision came in response to multiple lawsuits challenging the regulations across several federal circuits. The agency said it issued the stay for several reasons, including to avoid potential regulatory uncertainty. At the same time, litigation is ongoing to allow the court to focus on reviewing the merits of the challenges and to facilitate an orderly judicial resolution of the numerous petitions filed against the rules.

Legal challenges

Multiple lawsuits have been filed challenging the SEC’s final climate rules. Business interests and conservative groups have filed challenges in various federal appellate courts. Republican attorneys general have also filed legal challenges. Environmental groups like the Sierra Club have sued, arguing the rules are too weak. These cases have been consolidated and are now pending review in the U.S. Court of Appeals for the Eighth Circuit.

SEC’s current position

Despite issuing the stay, the SEC maintains that the climate rules are consistent with applicable law and within its authority. The agency has stated that it will “continue vigorously defending” the validity of the rules in court and reiterated that its existing 2010 climate disclosure guidance remains in effect.

Where we are today

While the stay is in effect, companies subject to SEC regulations will not be required to comply with the new climate disclosure rules. However, many experts advise companies to continue their preparatory efforts, albeit on a less accelerated timeline, given the ongoing investor interest in climate-related disclosures and the potential for the rules to be upheld in court.

What does this all mean for auditors and their clients?

The evolving regulatory landscape has several implications for auditors and the companies they serve:

  • Increased scrutiny of ESG claims: Even without mandatory disclosures, the SEC remains vigilant against false or misleading ESG claims. Auditors must be diligent in reviewing sustainability reports and other ESG-related communications.
  • Focus on internal controls: Companies should have strong internal controls to support their ESG disclosures. Auditors may need to assess these controls for their overall audit planning.
  • Preparation for potential implementation: While the SEC rules are currently on hold, companies should continue to prepare for their potential implementation. Auditors can play a valuable role in helping clients through this period of uncertainty. 

The road ahead

The future of climate-related disclosures remains uncertain, but this issue will remain a significant focus for regulators, investors, the courts and the public. Auditors must stay prepared to adapt their practices to meet the needs of their clients during this period of uncertainty and beyond. 

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