Crypto’s future; sobering CTC; inside and outside; and other highlights from our favorite tax bloggers.

On the horizon

• Withum (https://www.withum.com/resources/): President-elect Trump has proposed several projects to boost the crypto sector, including dispensing capital gains tax for Bitcoin transactions and building a centralized Bitcoin holding account (a strategy reminiscent of America’s domination during the dot-com years). More clearly governed and with the support of the government, the crypto market could significantly increase in 2025.
• Tax Vox (https://www.taxpolicycenter.org/taxvox): In 2025, the Tax Policy Center estimates that 17 million children younger than 17 will receive less than the full value of the Child Tax Credit because their parents earn too little. Most of these children also live in families that earn at least $2,500, the required minimum for any CTC beyond taxes owed. Congress has options when it debates the future of the CTC.
• Institute on Taxation and Economic Policy (https://itep.org/category/blog/): As Congress negotiates federal funding during the lame-duck session, lawmakers would be wise to remember that stripping funds from the IRS costs more than it saves. 
• Dean Dorton (https://deandorton.com/insights/): Next year could be a big one for the M&A market. A look at key metrics good and bad, from lower borrowing costs and thawing credit to valuation gaps and regulatory scrutiny.
• Avalara (https://www.avalara.com/blog/en/north-america.html): Canada gets ready to “join the sales tax holiday fun.”
• Sikich (https://www.sikich.com/insights/): Sikich has entered into an agreement to acquire the federal contracts of Cherry Bekaert Advisory LLC supporting the U.S. Patent and Trademark Office. 
• HBK (https://hbkcpa.com/insights/): Reclassifying cannabis to Schedule III could expand access to banking, insurance, and other services for cannabis businesses. It may also ease the financial burden of Sec. 280E, which prohibits cannabis companies from taking standard business deductions due to marijuana’s current Schedule I status.
• U of I Tax School (https://taxschool.illinois.edu/blog/): Interesting note on the beneficial ownership information reporting suspension: It invalidated much coursework and time in many tax schools this fall.

Good moves

• Taxing Subjects (https://www.drakesoftware.com/blog): Preparing for the real season coming in the spring, from more IRS notices to high-net-worth clients to using artificial intelligence responsibly in your practice.
• Canopy (https://www.getcanopy.com/blog): The importance of accountant-client privilege, the challenges in this age of technology and complex regulations, and how an accounting-based CRM platform is fundamental.
• Turbotax (https://blog.turbotax.intuit.com): The “Moves That Matter” series kicks off with Drew, a lover of the outdoors from Montana. Interesting model in how to write a customer profile.
• MBK (https://www.mbkcpa.com/insights): Estate planning is in many ways a big contingency plan. What about contingency plans for the beneficiaries?
• Gordon Law (https://gordonlawltd.com/blog/): ‘Tis the season to tell them to stop sputtering: Why are bonuses taxed so heavily?

Virtual realities

• Virginia – U.S. Tax Talk (https://us-tax.org/about-this-us-tax-blog/): How the “Bitcoin Jesus” now finds himself in a legal maelstrom after being arrested in Spain on U.S. charges of mail fraud, tax evasion and filing false returns.
• Don’t Mess with Taxes (http://dontmesswithtaxes.typepad.com/): As internet betting continues to explode, a look at suggested tax rates of 15% to 25% of gross gaming revenue for new states where those feeling lucky can put their money down with a click.
• TaxConnex (https://www.taxconnex.com/blog-): Holiday shopping season offers probably the year’s golden chance for your online biz clients, not only through sales on their own sites but also through household-name marketplace facilitators like Amazon. The glistening-once-again season also offers a big danger for your clients to ignite economic sales tax nexus.

Lowering the barter

• Tax Foundation (https://taxfoundation.org/blog): The combined effect of net smuggling of cigarettes into U.S. states was a loss of more than $4.7 billion in forgone excise tax revenue in 2022. The annual effect of cigarette smuggling is significant, but the cumulative impact of annual smuggling from 2007 to 2022 demonstrates the severity of the issue when left to fester.
• Mauled Again (http://mauledagain.blogspot.com/): “Analyzing the Federal Income Tax Consequences of a Crappy Barter Proposal.” Heavy on the “crappy.”
• John R. Dundon II EA (http://johnrdundon.com/blog/): What to remind clients in biz partnerships about the difference between inside and outside basis. 
• Boyum & Barenscheer (https://www.myboyum.com/blog/): What to remind biz-owner clients about the good and bad of retained earnings.

The Financial Accounting Standards Board today proposed an Accounting Standards Update  related to environmental credits and environmental credits obligations.

The changes in the proposed ASU aims to improve the understandability of financial accounting and reporting information about environmental credits and environmental credit obligations, and improve the comparability of that information by reducing diversity in practice.

Patrick Dorsman/Financial Accounting Foundation

Stakeholders noted that entities are increasingly subject to emissions-related government mandates and regulatory compliance programs, which often results in obligations that are settled with environmental credits. In addition, some entities voluntarily purchase environmental credits from third parties. Stakeholders also noted that generally accepted accounting principles does not provide specific guidance on how to recognize and measure this activity, which results in diversity in practice. 

The proposed ASU provides recognition, measurement, presentation and disclosure requirements for all entities that purchase or hold environmental credits or have a regulatory compliance obligation that may be settled with those credits. 

However, as the FASB’s role is to establish and improve financial accounting and reporting standards, this proposal only addresses amounts reported in financial statements. Measuring or tracking an entity’s voluntary emissions initiatives or actual greenhouse gas emissions are not addressed by the FASB or these proposed amendments. 

The FASB is accepting review and input until April 15, 2025. The proposed ASU and information on how to submit comments is available at www.fasb.org. 

A key provision in next year’s looming debate over the possible extension of the Tax Cuts and Jobs Act highlights one of many examples of gender bias in taxes, according to experts.

The current SALT deduction limit of $10,000 for state and local taxes saves taxpayers between $79 billion and $118 billion per year in lower expenditures. It will play a pivotal role in the discussion about TCJA provisions set to expire after 2025 because it’s one of only a handful that lower the price of extensions projected to cost $4.6 trillion. 

Critics have referred to the limitation as a “marriage penalty” and called for raising that ceiling or eliminating it. Others reject that idea on the grounds that the deduction primarily benefits wealthy households in high-tax states such as New York and California.

READ MORE: The 12 firms with the largest percentage of women advisors

One of the “presumably unintended further consequences” of the limit has been discouraging the so-called second earners in a couple, who are often women, from working due to the higher potential taxes on combined income and restrictions on the deduction for state and local duties, said Jennifer Bird-Pollan, a law professor and the Alan S. Schenk Chair in Taxation at Wayne State University. She gave a presentation on the gender implications of the curb on the deduction this past fall at the American Tax Policy Institute‘s Gender and Tax Symposium. 

While the tax policy isn’t likely motivating people’s decisions about whether to get married or “dramatically impacting” a spouse’s decision not to get a job as the lower-earning member of the household, the restraint on the deduction amounts to “a further thumb on the scale in the same direction, without any conversation on whether it was appropriate or not,” Bird-Pollan said. The taxes enter the equation alongside other potential costs such as childcare, commuting, dry cleaning and food preparation, she pointed out in an interview.

“Those are all costs you incur if you decide to work outside the home. The salary has to be high enough so that you’re not actually worse off,” Bird-Pollan said. “The tax bill is just going to be that much higher if they’re not allowed to deduct their state taxes.”

Other areas reflecting gender bias in taxes play out in the form of “tampon taxes,” classifying menstrual products as luxury items subject to sales duties; differences in the value of Social Security benefits for women, who tend to be paid lower wages and live longer than men, as well as the rules for getting the maximum spousal payments; the treatment of paid surrogacy; and the disparate impacts of the child tax credit, the earned income tax credit and savings from capital gains, according to Bridget Crawford, the organizer of the conference as the vice president of the institute and a law professor at Pace University’s Elisabeth Haub School of Law.

READ MORE: 10 big trends in SALT for 2024 

The conference in Washington, D.C., drew about 110 attendees in person and virtually among academics, policy experts and government officials, she noted in an interview. It followed the institute’s conference two years ago about racial disparities in taxes and came before another one this March on tax law, the environment and climate change. The organization welcomes more participation and collaboration from across the tax and wealth professions, Crawford said.

“The tax system is a lens for analyzing our society’s values and choices,” she said. “It’s an excellent starting point for very important conversations that we have had and need to have and will continue to have around all sorts of justice-related concerns.”

In terms of the cap on the deduction for state and local taxes, policymakers could alter the existing policy by imposing the limit on property duties alone or simply boosting the allowable amount for married couples, Bird-Pollan said. Tweaking it or getting rid of it will likely prove difficult, though. 

Democrats don’t often push for “tax cuts for higher-income people,” and they’re in the minority in the House and the Senate anyways, she pointed out. President Donald Trump and his Republican party have the trifecta in Congress and the White House, but they will be facing a complicated challenge from the budgetary effect of extending the Tax Cuts and Jobs Act.

“It gave them some revenue, and it only hurt people in blue states, because those are the states that have those taxes,” Bird-Pollan said. “The Democrats have a little bit of a hard time arguing this. If it changes, it’s going to be because of Republican legislators from high-tax jurisdictions.”

READ MORE: Why is the pay gap for women financial advisors so wide?

She credited Crawford’s work with encouraging many states to end sales taxes on feminine hygiene products and noted that financial advisors and tax professionals can read forthcoming research from the conference in legal journals. Exploring the gender bias in taxes can often begin “when we acknowledge things like women are still paid less than men,” Bird-Pollan said.

“If that’s true, then let’s think a little bit about whether that’s a fact that we’re comfortable with or whether particular changes are making that worse or easing that a little bit,” she said. “We just need to think about where these costs fall and whether, as a society, we’re comfortable with where they fall and whether we’d like to see that changed.”