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IRS backs off Biden rule on partnership basis shifting

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An IRS proposal to drop a Biden administration rule targeting basis-shifting strategies by complex partnerships is getting support from key stakeholders, as well as calls for further relief.

But critics argue that dropping the regulation would let wealthy tax cheats off the hook. Even those who advocate getting rid of the rule say the IRS must take more action to remove enforcement risks around partnership basis-shifting strategies. 

The regulatory proposal last month to withdraw the Jan. 14 regulation cited President Donald Trump’s executive order that created the Department of Government Efficiency. It also mentioned the concerns of “taxpayers and their material advisors” about “imposing complex, burdensome, and retroactive disclosure obligations on many ordinary-course and tax-compliant business activities, creating costly compliance obligations and uncertainty for businesses.”

These transactions enable businesses to transfer tax basis out of assets where it was not generating savings to affiliated entities where it could gain benefits, such as moving it from stock or land holdings to the partnership’s equipment infrastructure and its depreciation capabilities. In its final days, the Biden administration issued a rule classifying them as “transactions of interest” (TOI) subject to increased scrutiny of the so-called “economic substance” of the basis-shift beyond simply tax savings. That followed an IRS memo from last June warning taxpayers, professionals and financial advisors that some common partnership basis-shifting transactions do not have the required economic substance. 

The fact that the Trump administration’s proposal wouldn’t also cancel the revenue ruling memo caught the attention of some antitax advocacy groups and industry professionals.

“Given that Revenue Ruling 2024-14 was not withdrawn, continued diligence is required in identifying any transactions that may fall within the scope of the revenue ruling or otherwise be subject to potential challenges under the economic substance doctrine, or other common law principles such as the substance-over-form doctrine or step transaction doctrine,” according to a blog on the rule proposal last month by accounting firm Grant Thornton. Nevertheless, the firm described the IRS proposal as “welcome relief for taxpayers and material advisors as the basis shifting TOI regulations would have imposed complex, burdensome and retroactive disclosure obligations on transactions that may have not been entered into with a tax avoidance purpose.”

READ MORE: What does an IRS in flux mean for financial advisors and clients?

The business backdrop

Regardless of their view of the proposal, President Trump, DOGE or tax-dodging efforts by wealthy households in general, advisors can provide value to clients by keeping abreast of IRS regulations, according to Jason Smith, CEO of Westlake, Ohio-based advisory practice JL Smith, registered investment advisory firm Prosperity Capital Advisors and training and consulting company Clarity 2 Prosperity Enterprises. Last month, Greenleaf Book Group released Smith’s latest book, “The Rainmaker Multiplier: How to Create a Self-Sustaining, Scalable Financial Planning Business.” The book includes a chapter on Smith’s view that tax preparation and strategies represent one of four “rainmaker multiplier essentials,” alongside holistic planning, marketing and a career path for incoming advisors.

Smith’s firm evolved from referring tax services to outside certified public accountants to hiring them and enrolled agents as a means of providing what he called the “trilogy” of tax planning, management and preparation.

“You could sit there and tout investment performance, but it’s not about what you make, it’s about what you keep,” Smith said. “I just don’t know how you can really say that you’re doing true wealth management without connecting those two, the investments and the taxes.”

READ MORE: Taxes + wealth: 2 connected but still (for now) distinct fields are merging

Reactions to repeal

For some business owners, the complex basis-shifting maneuvers among affiliated entities in a partnership provide substantial savings — although the last administration’s Treasury Department argued that verifying the economic substance of the transactions would save taxpayers $50 billion over a decade. Eliminating the Biden-era regulation would reopen a “tax loophole for the rich,” said Sen. Ron Wyden, a Democrat from Oregon who is the ranking minority member of the Senate Finance Committee.

“This is a ridiculous loophole that allows the ultra-rich to dodge taxes by shifting assets around on paper while adding zero value to our economy whatsoever,” Wyden said in a statement last month. “This is welfare for billionaire tax cheats and massive corporations, plain and simple.”

However, groups supporting the withdrawal of the rule include the American Institute of CPAs, the Taxpayers Protection Alliance and the National Taxpayers Union. In letters to the IRS earlier this month, the latter two organizations praised the move to drop the regulation and asked the agency to rescind the memo from last June as well.

“The previous administration’s near-obsessive focus on partnerships was driven by the belief that vast revenue collection potential exists in some sectors of our economy if only the IRS were handed sufficiently intimidating enforcement tools,” National Taxpayers Union President Pete Sepp wrote. “Unfortunately, history has shown that there are no gold mines leading to such easy riches for the government. Instead, the pursuit of the ‘shiny object’ leaves many innocent taxpayers harmed along the way, while distracting the Service’s attention from top-notch customer service and clear, consistent, guidance that provide the basis of respect for the law.”

READ MORE: Wealthy tax cheats set to benefit from Trump plans to halve IRS

Stay tuned, advisors and tax pros

An upcoming IRS notice of proposed rulemaking could address the full scope of the agency’s withdrawal of the prior regulation and its current stance on the economic substance of basis-shifting transactions by partnerships.

The Biden administration’s regulation would have exerted greater enforcement oversight in “tax-free transfers, distributions and liquidations of partnership interests to partners and other related parties or transferees, in which a basis increase provides related parties with an opportunity to decrease their taxable income through increased cost recovery deductions, including as property depreciation deductions, and decreased taxable gains (or increased taxable losses),” according to a blog posted this week by Alex Kenelby, a senior manager of tax services with Berkowitz Pollack Brant.

“This essentially provides taxpayers and their material advisors with immediate relief from retroactive reporting requirements and any related penalties for noncompliance,” Kenelby wrote. “The IRS is expected to issue a notice of proposed rulemaking in the coming months to finalize the details of repealing the basis-shifting regulations.”

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Continuous Auditing Transforms Corporate ERPs

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continuous auditing transforms corporate erps

As corporate accounting departments cross the threshold into late July 2026, the adoption of continuous, automated auditing systems has reached a definitive turning point. Driven by advances in artificial intelligence and deep integration with modern Enterprise Resource Planning (ERP) platforms, leading finance organizations are moving away from traditional, periodic post-hoc audits in favor of real-time, 100% transactional verification. This technological transition is redefining internal control environments, reducing compliance costs, and eliminating the structural delays inherent in legacy quarterly closing processes.

Unlike traditional auditing frameworks that rely on statistical sampling—a process that inevitably leaves operational blind spots—continuous auditing software monitors operational data feeds continuously. Every purchase order, electronic invoice, payroll disbursement, and cross-border wire transfer is automatically cross-referenced against established corporate governance parameters, regulatory tax schedules, and anti-fraud algorithms in real time. Anomalies or unauthorized ledger entries are flagged instantly, allowing internal audit teams to investigate and remediate compliance gaps immediately rather than months after the close of a financial period.

The implications for executive financial management are far-reaching. By embedding continuous verification directly into daily transaction workflows, chief financial officers gain uninterrupted visibility into the organization’s true financial standing. Real-time balance sheet auditing eliminates the severe operational bottlenecks associated with month-end and quarter-end financial reconciliations, freeing accounting professionals to focus on strategic financial modeling, tax planning, and capital allocation rather than manual data entry and spreadsheet consolidation.

However, implementing continuous auditing requires accounting leadership to invest heavily in data governance and technical upskilling. Internal audit teams must evolve from manual ledger reviewers into system architects capable of auditing complex algorithms and validating automated data pipelines. Accounting firms and corporate controllers that master continuous auditing will establish a resilient compliance framework capable of meeting stringent international regulatory standards with total transparency.

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U.S. Imposes New 50% Tariffs on Canadian Imports Under Rare Legal Provision

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U.S. Imposes New 50% Tariffs on Canadian Imports Under Rare Legal Provision

WASHINGTON — In a major escalation of cross-border trade friction, U.S. President Donald Trump has signed executive orders imposing new 50% tariffs on a wide selection of Canadian exports, citing discriminatory practices by Ottawa targeting American auto, dairy, and beverage industries.

The new duties, announced Monday, will take effect in 30 days. They target a broad spectrum of consumer and industrial goods—ranging from wine, liquor, and milk products to commercial cement, furniture, clothing, and hockey equipment.

Untested Legal Mechanism

To enact the sweeping measures, the administration invoked Section 338 of the Tariff Act of 1930—a rarely used legal provision allowing the executive branch to levy additional tariffs of up to 50% on foreign nations deemed to discriminate against U.S. commerce.

White House officials noted that Section 338 addresses trade discrimination rather than national security or economic emergencies. The move comes months after prior global emergency tariffs faced legal challenges in domestic courts, signaling Washington’s pivot toward alternate statutory authorities to maintain import duties.

Senior administration officials briefed reporters that the measure directly responds to Canadian provincial bans on U.S. alcohol, restrictions on American vehicle exports, and import quota disparities affecting U.S. dairy and cheese producers relative to third-party trading partners.

“While the administration continues to secure reciprocal trade agreements globally, Canada retaliated against efforts to protect domestic industry,” U.S. Trade Representative Jamieson Greer stated.

USMCA Impact and Carve-Outs

Significantly, the newly ordered 50% duties will apply to designated items even if they otherwise comply with the United States-Mexico-Canada Agreement (USMCA).

However, the administration confirmed key targeted exemptions:

  • Energy products (including oil and natural gas)
  • Potash and critical minerals
  • Fish and seafood
  • Goods already governed by sector-specific duties (such as existing steel and aluminum tariffs)

Administration representatives emphasized that the tariffs do not stem from recent disputes concerning drifting Canadian wildfire smoke, noting that policy options regarding environmental spillover remain under separate review.

Canadian Response and Market Reaction

Following the White House announcement, the Canadian dollar experienced a sharp decline against the U.S. dollar, falling approximately 0.4% during evening trading.

Canadian Prime Minister Mark Carney issued a statement emphasizing that Canada’s earlier counter-duties had merely matched previous U.S. trade actions. “Canada stands ready to engage intensively to address outstanding issues with the U.S. to the mutual benefit of our citizens,” Carney stated, pointing to detailed proposals Ottawa submitted to modernize the USMCA framework.

Ontario Premier Doug Ford took a firmer stance, urging a “dollar-for-dollar” reciprocal response if the measures go into effect on August 19.

With a 30-day implementation window before the duties officially lock in, industry associations and trade groups on both sides of the border are calling for urgent bilateral negotiations to avert further supply chain disruption across North America.

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Accounting

Automated Continuous Auditing: Transforming Compliance and Real-Time Financial Oversight

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Transforming Compliance and Real-Time Financial Oversight

The traditional accounting paradigm—defined by periodic monthly closures and post-hoc annual audits—is rapidly giving way to continuous, automated financial oversight. As of July 2026, forward-thinking accounting practices and multinational corporate finance departments are leveraging continuous auditing systems powered by advanced machine learning models. These systems monitor operational transactions in real time, shifting audit methodologies from sample-based post-analysis to absolute, 100% transaction-level verification.

The operational advantages of continuous auditing are transformative. Standard auditing procedures historically relied on statistical sampling, which, despite rigorous methodology, inherently left gaps where anomalies or fraudulent transactions could go undetected for months. Modern continuous auditing platforms integrate directly with enterprise resource planning (ERP) databases, instantly cross-referencing purchase orders, invoices, bank feeds, and tax records. Any deviation from established control parameters or unusual transaction behavior triggers immediate flags for internal audit teams, dramatically reducing detection lag from quarters to seconds.

Beyond fraud prevention, continuous auditing fundamentally alters internal reporting and decision-making. Executive leadership no longer has to wait weeks after the close of a quarter to evaluate precise financial standing; real-time verified ledger data provides an uninterrupted view of operating margins, tax liabilities, and cash flow dynamics. This real-time visibility enables corporate controllers to adjust capital allocation strategies dynamically, mitigating liquidity constraints and capitalizing on emerging commercial opportunities far more efficiently than competitors bound to legacy reporting cycles.

However, implementing continuous auditing requires accounting professionals to acquire new analytical capabilities. The role of the auditor is evolving from manual data reconciliation toward system validation, algorithmic model governance, and strategic risk interpretation. Accounting firms and corporate finance departments must invest in continuous technical education, ensuring that audit staff possess the data engineering skills necessary to design, maintain, and evaluate complex automated compliance systems.

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