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IRS urged to do more to protect whistleblowers despite NDA

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The Internal Revenue Service needs to do more to enable whistleblowers to report on fraud, waste and abuse, even if they’ve signed nondisclosure agreements, which should provide anti-gag provisions allowing them to speak out, according to a new report.

The report, released Thursday by the Treasury Inspector General for Tax Administration, comes in response to a congressional request to assess whether the IRS complied with the Whistleblower Protection Enhancement Act of 2012 by including the required anti-gag provision in its NDA and related documentation as required by law. It’s unclear whether the congressional request was related to the IRS whistleblowers who complained about preferential treatment of Hunter Biden’s tax evasion case.

The anti-gag provision informs employees that their rights and obligations to report wrongdoing to Congress, the Inspectors General, or the Office of Special Counsel supersedes an NDA, the TIGTA report noted. 

The IRS estimates that approximately 500 to 1,000 of its employees and 6,000 of its contractors sign an NDA each year. “Without anti-gag provisions in the NDAs, employees and contractors might be reluctant or discouraged to report on fraud, waste, and abuse activities, which would cause reputational harm for the agency,” said the report. 

TIGTA found that the IRS has guidance that references whistleblower protections and addresses prohibited practices of retaliation against whistleblowers. However, specific reference to the anti-gag provision was not included in its NDAs, policies or whistleblower protections training. 

In addition, the IRS’s guidance on prohibited personnel practices under the Whistleblower Protection Enhancement Act document states that the NDA policy, form or agreement must include the anti-gag provision before the policy, form or agreement can be enforced. Because NDAs in use by the IRS at the time of TIGTA’s review did not contain anti-gag provisions, they may not be enforceable, according to the report. 

TIGTA reviewed 22 NDAs signed from August 2018 to April 2024 and found that five contained a partial reference to the anti-gag provision, but 17 did not contain any reference to the anti-gag provision. Some of teh existing internal guidance referenced NDAs and whistleblower protections. However, TIGTA did not see evidence of a dedicated NDA policy that required the anti-gag provision be included.  

The NDA and whistleblower guidance were not easily accessible for employees to find on the IRS intranet site. Training for new hires and annual briefings for all employees, managers and contractors mentioned the Whistleblower Protection Act of 1989, and addressed the prohibited practices of retaliating against whistleblowers. Although it was not required, they did not contain the anti-gag provision. As a result of TIGTA’s evaluation, in July 2024, IRS officials updated the NDA form template for contractors with staff-like access and non-procurement employees involved in procurement activities to include the required anti-gag provision. The IRS also updated its Expert Witness NDA form template in October 2024. 

TIGTA made four recommendations in the report. It recommended the IRS should ensure that NDAs, policies, forms and other guidance documents include the required anti-gag provision. It also suggested the IRS should create a dedicated section for NDAs in its internal guidance that contains the anti-gag provision. The IRS should also include information about the anti-gag provision in training programs covering whistleblower protections (such as new employee orientation and contractor training), the report recommended, and add a link to TIGTA’s Whistleblower Protections web page on its internal web page and pertinent information to the Employee Resource page on its internal webpage to ensure employee awareness of the whistleblower protections as it relates to the anti-gag provision. 

IRS officials agreed with TIGTA’s recommendations. During the evaluation, the IRS updated its NDA template for contractors with staff-like access, non-procurement employees involved in procurement activities, and expert witnesses to include the required anti-gag provision. The IRS also developed updates to the fiscal year 2025 mandatory Prohibited Personnel Practices and Whistleblower training, and the updates are under final legal review. 

“We appreciate your recognition of our references to anti-gag provisions in our documentation and training, and we appreciate your identifying areas where we can improve our notification of whistleblower protections and whistleblower rights,” wrote IRS chief risk officer Michael Wetklow in response to the report.

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Beneficial Ownership Information Reporting Will Not Be Enforced

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The decision by the Treasury Department’s Financial Crimes Enforcement Network, or FinCEN, to halt enforcement of the Corporate Transparency Act’s Beneficial Ownership Information reporting requirement is a momentous one — and received mixed reactions. 

“It drives a stake through the heart of BOI reporting for most if not all small businesses,” said Roger Harris, president of Padgett Business Services. “For everybody in the small-business community, given the way it was being enforced, it’s good news. I don’t know what its effectiveness would be in combating money-laundering and terrorist activity, but for being a burden on small businesses, it’s good news.”

Not everyone was thrilled with the decision. “This law was created to help deter illicit finance through shell companies or other opaque ownership structures” said Jill DeWitt, senior director of compliance & third-party risk management solutions at Moody’s. “It was also designed to align the U.S. globally with financial transparency, especially around beneficial ownership of entities to help prevent terrorist organizations, organized criminals, and other bad actors from exploiting the U.S. financial system and hide their illicitly obtained financial gains.”  

Treasury Department building

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“While arguments against burdening small businesses with the requirements of beneficial ownership compliance and of financial reporting are understandable, greater transparency could help raise financial institutions’ awareness of bad actors in their customer base and support them in avoiding onboarding bad actors who might have otherwise been hidden or overlooked,” she explained.

The CTA requires corporations, LLCs, and other entities formed under state law (domestic reporting companies) or similar entities formed under foreign law and registered to do business in the U.S. (foreign reporting reporting companies) to report to FinCEN their beneficial ownership. 

The reason for the legislation was that kleptocrats, human rights abusers, drug dealers and other corrupt actors have used complex and opaque corporate structures, including shell companies, to hide and launder the proceeds of their corrupt activities. But the law did not affect businesses evenly. Under the rules, more than 32 million small businesses were legally obligated to comply at the beginning of 2024, with 5 million more added every year. However, there is no small-business exception: In this case, the exception is reversed — large companies were mostly exempt, since the government already knew who they were.

“On Feb. 27, 2025, FinCEN said they would suspend all penalties and come out with ways to only penalize people they think were at risk,” said Harris. “Then over the weekend — on Sunday, March 2 — they said they will not enforce any penalties or fines against U.S. citizens or domestic reporting companies or their domestic owner. They still have to issue final guidance, but basically the reporting requirement will only apply to foreign entities. They haven’t issued a rule yet; it’s just a statement.”

“Another administration could take office in four years and reverse the decision,” he noted.

But for now, it’s gone. President Trump praised the decision on Truth Social on March 2: “Exciting news! The Treasury Department has announced that they are suspending all enforcement of the outrageous and invasive Beneficial Ownership Information (BOI) reporting requirement for U.S. citizens … Treasury is now finalizing an Emergency Regulation to formally suspend this rule for American Businesses. The economic menace of BOI reporting will soon be no more.”

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Guide to TCJA extension for financial advisors and clients

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The slim margins, trillions of dollars in tax cuts at stake and key missing details add up to great reasons for financial advisors and their clients to contact their members of Congress.

“Now’s the time to be doing it, because they’re starting to put together the legislation now,” said Mary Burke Baker, a government affairs counselor and the leader of the tax policy practice of law firm K&L Gates. “It’s important to let them know what’s important.”

That’s because every Republican member of Congress could exercise outsize influence on the process as President Donald Trump’s party extends the expiring provisions of the 2017 Tax Cuts and Jobs Act. Even though no one expects any steep tax increases as Congress confronts its year-end deadline, Burke Baker acknowledged that it “has to be difficult to advise clients to the extent that you can advise clients” on questions that may affect their payments to Uncle Sam — without any definitive answers until the passage of a bill that has yet to be written.

The elusive law appears far away from the finish line. Republicans are debating among themselves about how much they are willing to expand the federal budget deficit and whether they should pursue other priorities first. The intraparty squabbling could even provide an opening for Democrats to change the entire equation, if Trump, House Speaker Mike Johnson and Senate Majority Leader John Thune fail to align the GOP behind a way forward.

As they aim to prepare clients’ for the unknown possible impacts to say, estate taxes, deductions for state and local duties, Trump’s campaign promises or any number of other wish-list items among various constituencies, advisors could drive themselves crazy trying to stay abreast of every phase of an inevitably complicated political endeavor. 

Instead, they should be counseling clients about “avoiding the temptation to act based on the news” of any particular day in the Beltway, said Ben Henry-Moreland, a former advisor who’s a senior financial planning nerd with the Kitces.com blog. While he said he doesn’t see “a high probability” that the current exemptions to the estate tax might revert to a lower level, Henry-Moreland suggested that advisors discuss the possibility with clients and prepare any necessary documents before December, just in case. If there are alterations to estate taxes in particular, they could find it incredibly difficult to draft new documents in a rush.

“It’s not necessarily, ‘Oh, here’s what X and Y congressmen are saying,’ but more, ‘Let’s take the big picture and figure out, is it really going to help you to act based on what you’re hearing on the news now, versus waiting until we’re going to know a little bit more?'” Henry-Moreland said. “Otherwise the documents can go in the shredder. It’s good to have some amount of flexibility, but you probably don’t want to make too many commitments yet.”

READ MORE: 26 tips on expiring Tax Cuts and Jobs Act provisions to review before 2026

Pressing numbers

At this point, Trump and Congressional GOP leaders are also looking for leeway as they search for common ground on the cost of the legislation, possible tax expenditures that add to it or potential spending cuts that take away from it. To pass the law, they must navigate any number of twists and turns in coming months, with detours to keep every faction aboard and moving on a budgetary path that hasn’t even been laid out. For advisors and clients wondering how they’ll get to the ultimate destination, Republicans have barely embarked on their journey.  

House and Senate budget resolutions tabbed the cost of tax legislation at north of $4 trillion over the next decade, but Trump’s plans may come with a price tag between $5 trillion and $11.2 trillion. Even if lawmakers let the Tax Cuts and Jobs Act provisions expire, the national debt is on pace to top its prior record of 106% of gross domestic product in 2029 and trigger so-called bond vigilantes’ ever-higher interest rates that would curtail economic growth. The arguments that new tariff revenue or higher federal receipts due to economic expansion from the tax cuts hold more sway among the White House and its allies than with budgetary experts. 

To the toughest fiscal watchdogs, the mere $2 trillion in spending cuts over a decade in the House budget plan would only amount to a quarter of the necessary reductions, according to Maya MacGuineas, the president of the Committee for a Responsible Federal Budget, a bipartisan-led nonprofit policy research organization.

“For anyone who has made the case they support lower government spending, this is a pretty puny number, which is pretty darn close to a rounding error,” MacGuineas said in a statement. “It would be far better to use these savings as part of a larger debt reduction deal than to offset tax cuts. We have cut taxes and increased spending year after year since the last budget surplus in 2001, which is how our debt got so out of control. Lawmakers now need to face the reality that we should be adopting a debt deal rather than pursuing tax cuts or spending increases.”

But Republicans are not likely to abandon the main tax plank of their official campaign platform. In a speech on economic issues last fall, Speaker Johnson vowed to “keep those cuts in place to support job creation, along with the doubled guaranteed deduction and a strong child tax credit.” Last month, Majority Leader Thune introduced a bill called the “Death Tax Repeal Act” while expressing the hope that Congress “will not merely extend this exemption, but that we will get rid of this fundamentally flawed tax once and for all.” 

Trump pledged frequently on the campaign trail to extend and expand the tax cuts, but the lofty goals of his administration and those of Trump’s allies in the conservative Project 2025 blueprint are now facing the political and fiscal calculus of passing major legislation through Congress. Trump has displayed a willingness to separate taxes from other legislative priorities, even if he has a clear preference.

“Well, I like one big beautiful bill. I always have. I always will. But if two is more certain, it does go a little bit quicker, because you can do the immigration stuff early,” he said in January.

READ MORE: Economists want to trash the QBI deduction       

Devil in details

Despite some earlier talk of passing the legislation by May, the “latter half of the year” sounds like a much better estimate for the timing, according to Erica York, the vice president of federal tax policy at the nonpartisan, nonprofit Tax Foundation’s Center for Federal Tax Policy.

“Congress tends to act at the last minute,” York said. “In an ideal world, we would get this taken care of very quickly, in a fiscally responsible way, so that people would have the certainty to make decisions. I think this will be a very long, drawn-out process, given the slim majority in the House.”

And the cost could balloon well above $7 trillion, if lawmakers include Trump’s other priorities such as ending taxes on tips and Social Security benefits or creating a deduction for the interest on auto loans for American-made cars, according to Jonathan Traub, a managing principal and the leader of the Tax Policy Group at consulting and professional services firm Deloitte Tax. In their recipe for tax cuts and spending pullbacks that go far beyond any undertaken by Elon Musk’s efforts, lawmakers are effectively trying to come up with a solution to the problem of, “‘How do you fit 7 trillion pounds of sugar into a $2 trillion sack,'” Traub said.

Take the deduction for state and local taxes, which, conveniently, is often referred to as SALT. Currently, taxpayers may deduct up to $10,000 — a level that Republicans from high-tax states such as New York and California say is too low. Trump, Johnson and Thune will need nearly all of those votes to pass the bill if they are going to do so without any Democrats’ support. 

Using figures and policy options from guidance document compiled in January by Republicans on the House Ways and Means Committee, lawmakers could: double that limit for married couples at a cost of $100 to $200 billion over a decade; boost it to $15,000 for individuals and $30,000 for married couples ($500 billion); make only property taxes deductible but eliminate deductibility for income and sales taxes ($300 billion); get rid of the deduction for corporations to create $310 billion in savings against the cost; or eliminate the SALT deduction entirely to raise $1 trillion in revenue over a decade. 

The issue “breaks down on regional lines” rather than ideological ones, which explains why the SALT discussion has been so hard for leaders of both major parties, Traub said.

“I don’t envy anybody in that process,” he said. “It’s a really difficult challenge. It has vexed leaders for years, and it will keep vexing them this year, as well.”

The idea of repealing the tax credits for green energy investments that President Joe Biden and the Democrats put in place through the Inflation Reduction Act could deliver savings of $800 billion and fit nicely into the Trump administration’s stated goal of slashing government spending for climate change. However, that may threaten manufacturing jobs and other economic benefits connected to projects in many Republican districts, according to Joe Hughes, a senior analyst for the Institute on Taxation and Economic Policy, which provides “data-driven recommendations to shape equitable and sustainable tax systems.” So cutting them could be tricky, as well.

“It would only pay for maybe about a third of the tax cuts to the wealthy,” Hughes said. “That issue is going to be awkward for Republican lawmakers, but I would highlight that as the biggest pay-for that they can come up with.”

READ MORE: A tax deduction for financial advice? Why chances are murky

What to watch in coming months

For policy experts, the next important step will come with the requirement that Congress must agree to “identical budget resolutions” in both chambers, with instructions about whether the Senate will take up one or two bills subject to so-called reconciliation bills, Burke Baker said. That’s a Senate procedure enabling the passage of a bill with only a majority of 51 votes, rather than the 60 necessary to overcome a filibuster. 

With Trump’s support, the House GOP is pursuing a “one big, beautiful bill” strategy encapsulating tax cuts as well as border security and other priorities. Republicans in the Senate are pushing for two reconciliation bills, which would delay passage of any tax legislation until later in the year. Burke Baker and other experts say that the longer it takes for the two chambers to reach agreement on a budget resolution, the more likely it will be for the Senate to prevail in waiting on the tax cuts until later in the year.

“It’s going to be difficult, even if both chambers were really rowing in the same direction,” she said. “It’s just a terribly complicated topic, and, if any of these issues were easier, they would have been taken care of earlier, and we wouldn’t even be talking about them right now.”

The procedural and policy topics could morph the debate into something altogether different if they stretch longer into the year. Otherwise, any tax changes are likely to fall “mostly on the corporate side” rather than on provisions affecting individual retail wealth management clients, Traub said. To him, repeal of green energy credits and deductions for corporate SALT and highly paid executives or an excise tax on stock buybacks would be more probable than any shifts in policies for municipal bond investments or mortgage interest. 

If the Republican talks fall apart completely and lawmakers face the prospect of raising taxes in the year of a midterm election, the deduction for qualified business income for pass-through entities or even higher rates for some taxpayers could come up for debate if any Democrats’ votes are required for passage, Traub said.

“There’s a variety of things they could demand,” he said. “The universe of what is possible becomes quite a bit more dramatic.”

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

The bottom line

That scenario would represent a shocking outcome, though, for advisors and clients who don’t have much reason to expect a big tax hit from the legislation. Wealthier households will get more benefits from extending the expiring Tax Cuts and Jobs Act provisions than those with less than $400,000 in annual income. In a parallel universe, proposals such as raising corporate tax rates, placing foreign income of U.S. corporations in the same bracket as their domestic earnings or repealing the “Gingrich/Edwards loophole” may be on the table, Hughes said.   

“There are plenty of options out there, and those are the sort of things that Republicans would be looking at and discussing if they were remotely serious about some sort of deficit-neutral tax reform,” he said. “There’s no goal of actual tax reform or of really helping the middle class here. The main goal here is to provide tax cuts to very wealthy individuals.” 

Regardless, the complexities signal that there is “a good chance at this point” that passage of any bill waits until December, according to Henry-Moreland. Republicans won the trifecta with control of both houses of Congress and the White House, but passing a law entails much more than a simple agreement to push back the sunset date of the current rules under the Tax Cuts and Jobs Act or make them all permanent, he noted.

“I still don’t think that this bill is going to be a straight-up extension of TCJA. We have a different group of legislators, and we have different political and economic environments right now,” Henry-Moreland said. “There are so many moving pieces and so many different priorities right now. It’s going to be more of a TCJA replacement than an extension, per se.”

The debate currently revolves around factions among Republicans that are “pulling in the opposite direction,” with one seeking higher itemized deductions and the other trying to reduce the deficit, York said. The push-pull between them and Trump’s influence could leave advisors and their clients guessing until the end of the year.

“For each provision, you have a set of constituents who are vested in that provision existing, so it makes it politically difficult to say, ‘We’re going to cut it,” said York. “A dollar for something means a dollar less for something else.”

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Moss Adams acquisition doubles size of its NetSuite service

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Top 25 firm Moss Adams announced that it has acquired the assets of 360 Cloud Solutions, LLC, a NetSuite Solution Provider, and 360 Cloud Apps, LLC, a SuiteCloud Developer Network partner and producer of the 360 Cloud Subscription Billing product. 

Additionally, 360 Cloud App’s products, including its 360 Cloud Subscription Billing product and Salesforce CPQ connector, will become part of the firm’s NetSuite Implementation Services.

“At Moss Adams, we aim to not only provide world-class services but also play an integral part in our clients’ growth, advising them beyond just tax and compliance issues,” said Eric Miles, chairman and CEO of Moss Adams. “The addition of 360 Cloud Solutions and 360 Cloud Apps personnel and products strengthens our team, allowing us to both broaden our portfolio of services while simultaneously deepening our ability to grow, scale and modernize clients’ business management systems.”

With the purchase, Moss Adams, also a NetSuite Solution Provider and Alliance Partner, doubles the size of the firm’s NetSuite Implementation Services, augmenting existing resources and adding new product solutions.

Mark Steranka, consulting managing partner at Moss Adams, said that, as a firm that services mid-market companies, there are a lot of Netsuite users, and the purchase lets them be in a better position to meet their needs. 

“360 Cloud Solutions joining Moss Adams adds to our already existing NetSuite practice and allows us to better meet client needs. We’re adding talent, products, and the opportunity to develop new, more robust products. What stood out to us with 360 Cloud Solutions is the common client-centric mindset we share and the quality of work they provide. We feel it’s a natural evolution of our two firms. With 360 Cloud Solutions, we’re doubling the size of our NetSuite practice,” he said. 

The 360 Cloud Solutions and 360 Cloud Apps teams will join the existing Technology Consulting Services at Moss Adams, with plans to grow its services and products across a variety of industry sectors.

“We fully intend to leverage 360 Cloud Solutions’ deep NetSuite experience and product development capabilities to build on existing solutions and bring new ones to market. 360 Cloud Solutions will be fully integrated into the Moss Adams Technology Consulting practice. As to specifics around branding of the acquired entities, we’re still evaluating the best course of action there for our clients,” he said. 

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