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Liability insurance for accountants: New times, new risks

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CPA firms continue to face unique challenges as they navigate some of the current liability issues and trends facing the profession, including beneficial ownership information filing under the Corporate Transparency Act, artificial intelligence, and cyberthreats.

“We strongly encourage firms to proactively prepare for risk by following some basic best practices,” advised Suzanne Holl, a CPA and executive vice president at insurance company Camico.

These best practices include:

  • Set the right “tone from the top.” Encourage and reward a culture of transparency within the firm hierarchy to identify and communicate risk issues to help minimize potential exposures and enable the firm to early report liability concerns to their professional liability carrier and benefit from any proactive risk management guidance and support that may be available.
  • Prioritize performing the right services for the right clients, as not every client is a good fit for every firm. Evaluating the firm’s client base has become even more important as firms face staffing constraints.
  • Close the expectation gap. Proactively manage and document client expectations to minimize the risks associated with potential gaps between what they expect and what you’re offering.

Corporate Transparency Act risks

The new beneficial ownership reporting requirements under the CTA took effect on Jan. 1, 2024, and months later, the small-business community remains woefully unprepared for compliance with this complex reporting regime. As many small businesses look to their CPA for guidance and assistance, this poses potential added risks to firms.

One of the overarching concerns is whether CTA-BOI advisory services would be deemed the unauthorized practice of law for CPAs and nonattorney tax professionals. Given that each state has its own definitions of what services are considered UPL, this is a complex and nuanced risk requiring firms to stay current on the UPL issue in the states where they are licensed, as well as the states in which clients reside.

John Raspante, director of risk management at McGowanPro, sees the CTA as a source of controversy.

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“It hasn’t caused a claim yet, but we’ve received more than 1,000 calls regarding beneficial ownership reporting requirements,” he said. “The forms have to be filed by the end of the year for existing entities, with FinCEN. The questions revolve around whether CPAs are allowed to do this work, and if they do it, will they be covered under their policy. It’s more than likely that claims will be forthcoming on this issue. Once the form is filed, there has to be continual monitoring since modifications to the form have to be filed as well. If the accounting firm is sold, if the filer or a beneficial owner changes their residence, or the business adds an additional owner, it all has to be reported.”

Camico continues to advise CPAs to be vigilant and prepared to minimize the potential of additional liability exposures by following risk management best practices, which at a minimum should include:

Informing and advising clients in writing regarding the new beneficial ownership reporting requirements under the CTA, and recommending that they seek legal guidance.

Modifying traditional tax and financial statement engagement letters to include language that specifically disclaims the firm’s involvement in assisting clients with CTA compliance under the terms of that agreement.

Using standalone engagement letters if the firm is rendering CTA-related services to clients that specify the limited nature of the services the firm is providing, such as the filing of the initial BOI report or the filing of a corrected or updated BOI report, and that contain appropriate disclaimer language for such limited services.

Preparing your own firm for compliance if you are deemed to be a “reporting company” under current CTA guidance.

Generative AI

“Generative AI is no longer just a buzzword,” said Holl. “The technological advancements that generative AI promises have the potential to reshape how firms provide professional services, communicate with clients, and even how leaders manage their firm.”

Although generative AI solutions can provide benefits for CPA firms, she said, “From a liability perspective, there are critical risks associated with generative AI that should be vetted by firms and mitigation strategies implemented to minimize potential exposures.”

Among those risks are concerns with accuracy and quality control, confidentiality, privacy, security, and ethical issues. Successful integration of generative AI requires a well-crafted implementation plan that should include, among other things, appropriate education and training to ensure responsible use.

“We believe a clear and concise generative AI policy to document a firm’s authorized usage is paramount in minimizing risk and achieving firm goals using AI,” Holl said.

Cyber exposures

Cyber exposures have become increasingly problematic as cyber criminals are targeting CPA firms and tax professionals due to the type of information they gather and store. If the criminals are successful in gaining access to the firm’s information, costly measures may need to be taken including, but not limited to, hiring IT forensic experts to determine the extent of a potential breach, consulting with attorneys specializing in data breach laws and notification obligations, and providing credit monitoring to those impacted by a breach.

A far-too-common scenario is when a fraudster controls the client’s and the firm’s email, commonly referred to as a “man in the middle” attack. In these situations, the fraudulent request may mimic previous legitimate requests, which can make it very difficult for a firm to identify the request as illegitimate. As fraudulent wire transfers frequently cause large dollar losses, firms need to be hypervigilant in their efforts to protect the firm and clients against wire transfer fraud.

Insurance experts strongly recommend that firms have written protocols in place with clients who need such services that outline the protocols to be followed when executing wire transfer requests.

Preparing defenses

It’s important to have a “meeting of the minds” at the outset of a client relationship, according to Sarah Ference, risk control director for the Accountants Professional Liability Program at CNA, the underwriter for the AICPA Professional Liability Insurance Program. An engagement letter is the tool that not only helps achieve this, but is also a first line of defense if a relationship sours.

“An engagement letter helps set the stage for success throughout the engagement. That kind of understanding really aids in mitigating risk and resolving issues that might arise, or may even prevent them from arising. Yet CPAs tend to shy away from using engagement letters,” she said.

“We continue to see areas of practice like tax which lack engagement letters,” Ference noted. “Of the claims asserted in 2023 against CPA firms in the AICPA Professional Liability Insurance Program, about 75% stemmed from tax services. Of those, over 50% didn’t have an engagement letter, which puts the CPA in a difficult position to defend the claim. We have seen similar percentages in prior years. Intuitively, if there was an engagement letter that spelled out what you’ve agreed to do, what a client’s responsibility was, and limitations of your responsibility, a claim may never arise. In that case, a client disagreement wouldn’t appear on our radar because the disagreement would have already been resolved before it turned into a claim.”

Anytime a CPA is delivering a service, they should consider an engagement letter, according to Ference: “Engagement letters are critical when doing any kind of consulting. The more specific, the better. Make sure that the letter is structured in such a way that there is no ambiguity. Ambiguity opens the door to broad interpretations and makes it difficult to align expectations between the CPA and the client.”

“It’s all about relationships,” according to Alvin Fennell, vice president and senior risk advisor at Aon, manager of the AICPA Professional Liability program. “CPAs are extremely customer-sensitive. Where they have a longtime client, they hate to request an engagement letter. I tell them: ‘Blame it on your insurance carrier. They require me to get an engagement letter!'”

“The most prevalent current risk is changes in regulations and accounting standards,” he said.

The lack of talent coming into the profession is a problem. “A lot of individuals are coming out of college and going into industry rather than accounting firms, causing more competition for talent in firms now. Big firms are acquiring smaller firms just to get at the talent they need,” Fennell said.

Finally, Raspante noted that, while accountants may not have handled a lot of Employee Retention Credits, many were confronted with the need to amend the business tax return to include the proceeds of an ERC.

“If the underpinnings of the ERC were incorrect, it can cause issues with us,” he said. “The voluntary disclosure program will create more claims. If an accountant didn’t tell us about the voluntary disclosure, it can cause a lot of damage.”

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IRS reduced workforce 11% so far, TIGTA reports

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More than 11,400 Internal Revenue Service employees have either received termination notices as probationary employees or voluntarily resigned, representing an 11% reduction to the agency’s workforce, according to a report released Monday by the Treasury Inspector General for Tax Administration. 

In February, the IRS had around 103,000 employees, but that number has dropped by about 11% due to a series of executive orders from President Trump since his inauguration in January and the downsizing instigated by the Elon Musk-led Department of Government Efficiency, also known as the U.S. DOGE Service. Specifically, 7,315 probationary employees received termination notices, according to the report, and 4,128 employees were approved to accept the Deferred Resignation Program, a voluntary buyout program offered by the Trump administration, which has been rolled out in phases to IRS employees amid court challenges and appeals. Another 522 employees are pending approval under the program.

Monday’s report was TIGTA’s first on IRS workforce reductions and it focuses on the probationary employees identified for termination and the employees who voluntarily participated in the initial Deferred Resignation Program. TIGTA plans to periodically update the report to highlight further reductions, including the impacts of the second Deferred Resignation Program and Reductions in Force. The DRP allowed federal employees to voluntarily resign with pay through Sept. 30, 2025.  

In conjunction with the reduction in force, the IRS is offering three voluntary separation programs: the Treasury Deferred Resignation Program will mirror the benefits of the first DRP offering; the Voluntary Separation Incentive Payment; and the Voluntary Early Retirement Authority. In April, the IRS extended the TDRP offer to its employees. According to the IRS, over 23,000 employees have applied for the TDRP, and 13,124 were approved as of April 22. 

The report includes a look at the IRS business units affected by the layoffs and voluntary departures. The separations disproportionately impacted employees in certain positions. For example, approximately 31% of revenue agents left the IRS under the program, while 5% of information technology management departed. Revenue agents conduct examinations and audits by reviewing the financial records of individuals and businesses to verify what is reported, and they can work in several IRS business units examining different types of taxpayers. 

The Tax-Exempt/Government Entities division lost 31% of its staff, representing 694 employees, while the Large Business and International division lost 25%, or 1,733 employees. The Small Business/Self-Employed division lost 23% of its staff, or 5,765 employees. In contrast, 7% of the Human Capital Office (207 employees), 5% of IT (450 employees) and 4% of taxpayer services (1,714 employees) were affected.

In March, a federal court ruled that the probationary employees needed to be reinstated. The IRS recalled the terminated employees but put them on paid administrative leave. There have since been various court cases challenging the terminations and reinstatements. “Currently, it is unclear what the final disposition will be for probationary employees who received termination notices.” 

Most of the 7,315 probationary employees who received termination notices had less than one year experience with the IRS, according to the report, and 6,669 employees had one year of service or less, while 615 employees had between one and five years of service, and 31 employees had more than five years of service. 

“The termination of probationary employees will have a greater impact on certain age groups within the IRS workforce,” said the report. The probationary employees who received termination notices tended to be under the age of 40, including 549 probationary employees who were less than 25 years old, representing 14% of all IRS employees in that age group. 

Various estimates have been given of the number of IRS employees who will ultimately be affected by the layoffs, ranging from about 20% to 50%. The budget proposal released last week by the Trump administration would cut $2.5 billion from the IRS budget, following on the heels of clawbacks of about half of the $80 billion in extra funding that was supposed to be provided to the IRS under the Inflation Reduction Act of 2022.

Amid all the turmoil this year, the IRS has also seen a number of high-profile departures, including former commissioner Danny Werfel and former acting commissioners Douglas O’Donnell, Melanie Krause and Gary Shapley.

Some former IRS employees and government accountants may be attractive hires by accounting firms and departments that need to fill their ranks amid the ongoing talent shortage.

“We’re certainly seeing more interest in the hiring of former IRS employees and government accountants in conversations we’re having with clients, and this tracks given the current talent shortage in both the finance and accounting fields,” said Kyle Allen, executive vice president of sales and recruiting for Vaco by Highspring, a recruiting and staffing firm. “These folks bring strong regulatory and audit experience to the table, and their insider knowledge of tax compliance is a big plus for private companies. They can often jump into roles like compliance or advisory work quickly, which is a huge benefit. It’s not a silver bullet for the talent gap, but having more qualified professionals in the mix is definitely a step in the right direction.” 

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Eide Bailly merges in Hamilton Tharp

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Eide Bailly, a Top 25 Firm based in Fargo, North Dakota, is expanding its presence in Southern California by adding Hamilton Tharp LLP. a firm headquartered in Solana Beach, its third M&A deal in a week.

Hamilton Tharp dates back over 45 years and provides services such as tax planning, trust and estate consulting, family office solutions and accounting to clients in the biotech, real estate and health care industries.

“Bringing Hamilton Tharp into Eide Bailly is an exciting step forward in our continued growth,” said Eide Bailly managing partner and CEO Jeremy Hauk in a statement Monday. “Their strong client relationships, deep technical expertise, and commitment to personalized service align seamlessly with our values. We’re proud to join forces with a team that shares our passion for helping clients thrive.”

Financial terms of the deal were not disclosed. Eide Bailly ranked d No. 19 on Accounting Today‘s 2025 list of the Top 100 Firms, with $704.98 million in annual revenue, approximately 387 partners and over 3,500 employees. The Hamilton Tharp team includes four partners and 14 staff members. 

“While this is a relatively small acquisition in terms of size, the real significance lies in the strategic value it brings to Eide Bailly,” said a spokesperson. “This move strengthens our presence in California — particularly in the Solana Beach area — and reflects our continued commitment to serving clients throughout the state with a local, personalized approach backed by the resources of a top 25 CPA and advisory firm.”

Hamilton Tharp managing partner Tina Tharp wanted to expand her firm’s services for clients and create provide more growth opportunities for staff while staying true to their culture. “We were intentional about finding the right fit,” Tharp said in a statement. “Eide Bailly brings the scale and expertise we were looking for, but just as importantly, they share our values and people-first approach.” 

Last week, Eide Bailly announced two other M&A deals: with Roycon, a Salesforce consulting  firm based in Austin, Texas, and Volpe Brown & Co., a firm headquartered in North Canton, Ohio. Eide Bailly expanded to Ohio last year by merging in Apple Growth Partners. Last year, Eide Bailly also sold its wealth management practice to Sequoia Financial Group. In 2023, Eide Bailly added Secore & Niedzialek PC in Phoenix, Raimondo Pettit Group in Southern California, Bessolo Haworth in California and Washington State, Spectrum Health Partners in Franklin, Tennessee, and King & Oliason in Seattle. In 2022, it merged in Seim Johnson in Omaha, Nebraska, and in 2021, PWB CPAs & Advisors in Minnesota. In 2020, it added Mukai, Greenlee & Co. in Phoenix, HMWC CPAs in Tustin, California, and Platinum Consulting in Fullerton.

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Art of Accounting: The most important issue facing the profession

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Complimentary Access Pill

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

The most important issue is staff recruitment, training, retention and work conditions. While each of these is a separate issue, the whole staff issue is a neglected area when it should be the top area of concern. This has been so since I started practicing, and I am perplexed that meaningful actions are not taken to remedy the situation. I did, and many firms do, and they are much more successful than the others, but too many do not deal realistically with this.

Recruitment: Starting salaries have not kept up with overall business conditions, and I do not believe they have remained competitive when about 15 years ago they were at the top of the curve. This can be easily corrected by firms increasing their starting salaries. Many refer to the added 30 credits as a hindrance, but I don’t believe this is a more important objection than the lower starting salaries being offered. Staff recognize having master’s degrees as an enhancement that makes themselves more valuable and they feel good about it … after they get their degree.

Training: Training is a significant area and is done by many firms, particularly smaller practices, as a cookie cutter obligatory process, not focused on the staff person’s responsibilities and expected work assignments. Firms send staff to available CPE courses when they should be developing customized CPE, either in their firm or in partnership with similar firms or through their state society committees. (I’ve done all of these and it works.) Firms also need to become training organizations using error disclosure as immediate training opportunities and deliberate on-the-job training by everyone in a supervisory position. Firms’ cultures have to be to train and develop. In conjunction with this, all supervisors need to be trained on how to train.

Retention: Turnover is terrible. Two years ago, a Big Four firm had 25% staff turnover. Last year it was 17% (and they were voted one of the Top 100 best places to work both years! Huh?). Many firms neglect “marketing” the benefits of working for them and take the current staff for granted. Retention needs a deliberate effort by every supervisor, manager, partner and owner. It needs work and will pay the best dividends. This effort might not stop a person from leaving, but it could retain them for an extra year or more. An attitude that you want them to stay forever also helps.

Work conditions: Tax season hours are untenable at most firms, while some larger firms maintain tax season conditions after tax season ends or add mini periods of extended hours. In my own informal and unofficial exit polls, most people provide as the primary reason for leaving a lack of work-life balance. I know people from top 10 firms that leave public accounting for reasons that indicate a complete noncompliance by their employers with the stated “favorable work-life and caring atmosphere and culture” in those firms’ recruitment brochures. Firms show a total lack of attention to this.  

Solution: This is an industry problem, but it can only be solved one firm at a time. My solution is to acknowledge the problem at your practice and then make every change necessary to eliminate that problem. You might not be able to do it immediately, but you can start immediately and work on these issues as they come up while starting a serious and meaningful training program. Every change needed can be implemented within a year. Let that year start now!

Do not hesitate to contact me at [email protected] with your practice management questions or about engagements you might not be able to perform. 

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