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Musk’s influence and new IRS bills could reshape tax season

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Tax season is underway, and the Internal Revenue Service is racing towards a major precipice. Hiring freezes and firings, proposed filing changes and the foreboding presence of Elon Musk’s Department of Government Efficiency promise to bring widespread change to the agency — but only time will tell if that change is good or bad.

In his first few days in office, President Donald Trump signed a rash of executive orders that included a government-wide hiring freeze (with a specific focus on the IRS) and the departure from a global tax deal brought about during the Biden administration.

“I will also issue a temporary hiring freeze to ensure that we are hiring only competent people who are faithful to the American public. And we will pause the hiring of any new IRS agents,” Trump said while signing orders following his inauguration.

Read more: IRS layoffs expected despite tax season assurances

Since then, lawmakers with the House Ways and Means Committee have advanced several bills that were part of earlier draft legislation proposed by Senate Finance Committee Chairman Mike Crapo, R-Idaho, and ranking member Ron Wyden, D-Oregon, known as the Taxpayer Assistance and Service Act.

Two noteworthy pieces of legislation are the Electronic Filing and Payment Fairness Act and the IRS Math and Taxpayer Help Act. The first would apply the “mailbox rule” regarding the timely submission of payments and documents to electronically submitted tax returns and payments. This standard currently applies only to physical documents.

The second seeks to provide taxpayers with more transparency into the IRS’ “math error” correction process for tax returns with math or clerical errors. If passed, the IRS would be required to provide reasoning behind the errors as well as a 60-day challenge period for taxpayers to confirm or refute the assessment of the error.

Read more: House committee advances IRS legislation

The newest change on the horizon for the IRS is a potential partnership with the White House’s Office of Personnel Management to grant certain officials unlimited access to taxpayer data, as originally reported by Bloomberg.

Few details are available from the draft agreement, which was obtained by Bloomberg Tax, but the deal would allow Gavin Kliger, a special advisor to the director at the OPM, to view troves of taxpayer information for debugging, software testing, programming and other purposes while working with the IRS, according to the memo.

Read on to dive into the latest coverage of Trump’s impact on the IRS, as well as procedural changes and other regulatory moves influencing taxpayers.

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DeFi firms catch a break on new tax reporting standards

While digital asset brokers, banks, traders and other individual cryptocurrency players are now required to start reporting their customers’ digital assets to the IRS, decentralized finance firms are enjoying the two-year buffer period — with a pro-crypto Trump administration potentially yielding future wins.

“Virtually the only part of DeFi that has any obligations at all under these regs are front-end service providers. … So everybody in the other layers of the DeFi stack doesn’t need to worry about anything,” Jonathan Jackel, managing director in the information reporting and withholding practice at Big Four firm EY, told Accounting Today’s Michael Cohn.

This hasn’t stopped the Blockchain Association, the Texas Blockchain Council and the DeFi Education Fund from jointly filing a lawsuit against the IRS for the final regulations they say “exceed the agencies’ statutory authority, violate the Administrative Procedure Act and [are] unconstitutional,” according to a December press release

Read more: DeFi companies win reprieve on tax reporting

Donald Trump speaking at his 2025 inauguration

IRS employee union calls Trump buyout deal “bait-and-switch”

IRS employees who opted to take the Trump administration’s federal worker buyout plan were left distraught to find that they will be required to work through May 15 to handle the onslaught of tax season, drawing widespread criticism from unionized workers.

Doreen Greenwald, national president of the National Treasury Employees Union, said in a Feb. 5 statement that those working in the IRS’s Taxpayer Services, Information Technology and Taxpayer Advocate Service divisions who agreed to the “deferred resignation” can’t accept until May 15 “because their work is essential to the tax filing season.”

“Not only is this a clear case of bait-and-switch — they were originally told they would be paid to not work through Sept. 30 — but it proves that the terms of the OPM’s so-called offer are unreliable and cannot be trusted,” Greenwald said.

Read more: IRS employees who took buyout told to stay through May 15

The IRS headquarters in Washington

The ins and outs of the new liability appeal process at the IRS

The IRS closed out the last weeks of former President Joe Biden’s administration by finalizing a new appeals process for taxpayers disputing their liability calculation. Enter the Independent Office of Appeals.

The final rules build on the 2019 Taxpayer First Act introduced by Rep. John Lewis, D-Ga., which created the IRS’s Independent Office of Appeals to “resolve federal tax controversies without litigation on a basis that is fair and impartial, to promote consistent application of federal tax laws and to enhance public confidence in the IRS,” according to the text of the bill.

Part of the appeal process, which is available for most taxpayers, provides those whose appeals are denied with a detailed explanation of the decision and allows those with $400,000 or less in annual income to gain access to all non-privileged aspects of their case files, according to a guide to the law from “The Tax Adviser” journal. 

Read more: Advisors and clients have a newly codified appeals process at the IRS

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ID theft victims see shorter turnaround for IRS help

Identity theft is a rampant problem in the tax world, one that the IRS has faced difficulty addressing amid a rise in scammers pretending to be representatives of the agency. But hope is on the horizon for taxpayers.

National Taxpayer Advocate Erin Collins provided insight into the IRS’s average timeframe for handling identity theft cases, which jumped from 299 days in the 2022 fiscal year to 676 days in the 2024 fiscal year. This year produced the first drop in that metric — to 506 days — for the IRS’s Accounts Management inventory.

“It is sad that a decrease to 506 days is good news, but after years of increases, it is positive to see the average IDTVA case processing cycle times going down instead of up,” Collins wrote.

Read more: IRS reduces wait times for some ID theft victims

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IRS unable to confirm eligibility of LITC grant recipients: Report

The Treasury Inspector General for Tax Administration concluded in a new report that regulations from the White House Office of Management and Budget forbid the IRS’s Low Income Taxpayer Clinics Program Office from viewing client information — effectively handcuffing the IRS’s ability to determine whether or not grant recipients are eligible.  

The TIGTA drew this conclusion in part by looking at a sample of grant applications along with interim and year-end review summary reports for 15 out of 130 LITCs from the 2022 grant year. 

“While we found that the Program Office reviewed all 15 LITC budget worksheets in our sample to ensure that the applicants listed their matching fund sources in detail and provided narratives to detail their calculations, it did not require the LITCs to provide supporting documentation to validate the existence or value of the matching contributions. … Therefore, we were unable to determine if the reviews were effective,” the report said.

Read more: IRS can’t verify LITC grant recipient eligibility

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Tax Fraud Blotter: Sick excuses

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By any other name; poor Service; a saga continues; and other highlights of recent tax cases.

Rockford, Illinois: Tax preparer Gretchen Alvarez, 49, has pleaded guilty to preparing and filing false income tax returns.

She operated the tax prep business Sick Credit Repair Tax and Legal Services and represented herself as an income tax preparer. Alvarez did not have a PTIN and admitted that in 2019 and 2020 she misrepresented taxpayers’ eligibility for education credits and deducted fictitious business expenses from their taxable income to reduce tax liabilities and inflate refunds.

The tax loss totaled $356,881.

Sentencing is Sept. 17. Alvarez faces a maximum of three years in prison and a fine of up to $100,000.

Bangor, Maine: Paul Archer, a Florida resident formerly of Hampden and Orrington, Maine, has pleaded guilty to attempting to evade federal taxes and engaging in fraudulent transfers and concealment in a bankruptcy proceeding.

He operated an online marketing business for software installation, earning several million dollars from 2013 through 2015. After an IRS audit in 2016 assessed a federal tax debt totaling some $1 million, Archer concealed and transferred assets through two LLCs he controlled and began using third-party bank accounts to evade paying the tax debt. From April 2018 through November 2019, he transferred and concealed assets and income by using a series of bank accounts held in the names of Max Tune Up LLC; Stealth Kit LLC; his father; and his spouse. 

In March 2019, Archer filed for Chapter 7. In his paperwork and court statements, he falsely claimed less than $50,000 in assets; a single checking account; no other assets or property interests; no recent asset transfers; and no connections to any businesses or memberships in any LLCs. 

He faces up to five years in prison and a fine up to $250,000 on each of the two charges to which he pleaded guilty. Any sentence will be followed by up to three years of supervised release.

Fort Wayne, Indiana: Rakita Davis, 45, a former IRS employee, has been sentenced to two years of probation and ordered to pay $55,213.61 in restitution to the Small Business Administration after pleading guilty to wire fraud associated with pandemic relief.

Davis falsely claimed gross income for a business that did not exist when she applied for two Paycheck Protection Program loans in 2021. Employed by the IRS when she applied for the loans, Davis lied that she was the sole proprietor of a catering business when no such business existed. She received PPP funds that she spent on such personal items as jewelry, airfare, luxury car rentals and vacations.

Charleston, West Virginia: Business owner Luther A. Hanson has been sentenced to three years of probation and fined $5,000 for willful failure to pay over taxes.

From at least 2015 to September 2020, Hanson, who previously pleaded guilty, did not withhold or pay over some $149,905.38 in employment taxes to the IRS for two employees of his accounting businesses. Hanson owns and operates The Estate Planning Group Inc. and L.A. Hanson Accounting Services; the two employees provided accounting services for both.

Hanson admitted that prior to June 30, 2015, he and the two employees agreed that he would begin treating them as independent contractors. He also admitted that he knew this arrangement would relieve him of paying the employer portion of the employment taxes and of the employees’ withholdings. Neither employee changed their job duties.

He admitted that he knew that neither was an independent contractor while he paid each by check throughout their employment. Hanson further admitted that he did not pay the trust fund taxes to the IRS nor the employer’s share of employment taxes for the two employees each quarter during the arrangement.

The court previously determined that Hanson owed $146,771.37 to the U.S. after his scheme; Hanson paid that amount before sentencing. One of the employees paid a portion of the taxes owed, resulting in the adjusted figure of restitution Hanson owed.

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Oakland, New Jersey: Business owner Walter Hass, of Hewitt, New Jersey, has been sentenced to four years in prison for his role in a $3.5 million payroll tax scheme.

Hass owned and operated a shipping and logistics company and since 2014 has operated the company under three different names. He failed to collect, account for and pay over payroll taxes to the IRS on behalf of each of these companies from 2014 to 2022, a total of at least $3.5 million.

Hass used company money to fund his personal lifestyle, including the purchase of luxury vehicles, high-end watches and jewelry, designer clothing, tickets to sporting events, home renovations, vacations, water sports vehicles and extravagant meals.

After signing his guilty plea in October 2023, he embarked on a campaign to avoid responsibility for his conduct. He lied to the court, to the U.S. Probation Office and to the government about a purported cancer diagnosis to delay the entry of his guilty plea and his sentencing. Hass fabricated three letters from physicians asserting that he had medical conditions, including kidney cancer, that prevented him from attending court proceedings. Hass did not have cancer and attempted to travel throughout the country and around the world during this time. 

Hass was also sentenced to three years of supervised release and ordered to pay $3,527,645 in restitution.

Atlanta: Attorney Vi Bui has been sentenced to 16 months in prison for obstructing the IRS in connection with his participation in the promotion of abusive syndicated conservation easement tax shelters.

Bui, who previously pleaded guilty, was a partner at the firm Sinnott & Co. and beginning at least in 2012 and continuing through at least May 2020 participated in a scheme to defraud the IRS by organizing, marketing, implementing and selling illegal syndicated conservation easement tax shelters created and organized by co-conspirators Jack Fisher, James Sinnott and others. (Fisher and Sinnott were convicted and sentenced to prison in January 2024.)

The scheme entailed creating partnerships that bought land and land-owning companies and donated easements over that land or the land itself. Appraisers generated fraudulent and inflated appraisals of the easements, and the partnerships then claimed a charitable contribution deduction based on the inflated value. Bui knew that to make it appear that the participants had timely purchased their units in the shelters, Fisher, Sinnott and others backdated and instructed others to backdate documents, including subscription agreements and checks.

Bui anticipated that the transactions would be audited. He and others created and disseminated lengthy documents disguising the true nature of the transaction, instituted sham “votes” for what to do with the land that the partnership owned despite knowing that outcome was predetermined, and falsified paperwork such as appraisals and subscription agreements. Bui earned substantial income for his role in the scheme.

He also used the fraudulent shelters to evade his own taxes, filing personal returns from 2013 through 2018 that claimed false deductions from the shelters.

He was also ordered to serve a year of supervised release and to pay $8,250,244 in total restitution to the IRS.

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Accounting

ISSB standards adopted more widely across globe

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The International Financial Reporting Standards Foundation has posted profiles of 17 of the 36 jurisdictions around the world that have either adopted or used International Sustainability Standards Board disclosures or are in the process of finalizing steps to introduce the IFRS Sustainability Disclosure Standards in their regulatory frameworks.

The jurisdictional profiles include information about each jurisdiction’s stated target for alignment with ISSB standards and the current status of its sustainability-related disclosure requirements. 

“Why is the IFRS Foundation publishing these jurisdictional profiles, which set out by country or jurisdiction their approach to sustainability reporting. It’s really because we see this as part of our commitment to provide transparency to the market,” said ISSB vice chair Sue Lloyd during a press briefing. “It’s all very well talking about the use of our standards, but we know that different jurisdictions have made different decisions. They’re adopting the standards at a different pace, and by providing these profiles, we want to provide clarity, particularly for investors who are going to be relying on understanding the comparability of information between jurisdictions, to alert them to the similarities and differences in approach and to describe the extent to which we are achieving the global comparability that we have been working toward with the ISSB standards.”

She noted that the ISSB’s sister board, the International Accounting Standards Board, has also been publishing profiles on how different countries are complying with IFRS. In this case, it’s about sustainability reporting.

The profiles are accompanied by 16 snapshots that provide a high-level overview of other jurisdictions’ regulatory approaches that are still subject to finalization. Of the 17 jurisdictions profiled, 14 have set a target of “fully adopting” ISSB standards, two have set a target of ‘adopting the climate requirements’ of ISSB standards, and one targets “partially incorporating” ISSB Standards. The profiled jurisdictions cover Australia, Bangladesh, Brazil, Chile, Ghana, Hong Kong, Jordan, Kenya, Malaysia, Mexico, Nigeria, Pakistan, Sri Lanka, Chinese Taipei, Tanzania, Türkiye and Zambia.  

Accounting Today asked Lloyd about the United States, where the Securities and Exchange Commission’s climate reporting rule is on hold amid a spate of lawsuits and Trump administration policy on environmental issues.

“What we are seeing continue to be the case in the U.S. is very strong investor interest in sustainability information, including from the use of the ISSB standards,” Lloyd said. “We also have interest from companies who can choose to provide the information using our standards. Of course, many companies in the U.S. in the past have chosen to use the Sustainability Accounting Standards Board standards voluntarily, so that sort of voluntary adoption momentum is something we still see from the company and the investor side.”

“I think it’s also important to remember that the SEC just recently reconfirmed that if information on things like climate is material, there’s already a requirement to provide material information in accordance with existing requirements in place,” she continued. “And the last thing I’d note on the U.S. front is that while the SEC has indeed moved away from their proposed rule, we do see action at a state level, including, for example, in California, where the CARB [California Air Resources Board] is looking at climate disclosures, including the potential to allow the use of the ISSB standards to meet those requirements, so we see progress, but in different ways perhaps.”

The ISSB inherited the Sustainability Accounting Standards Board standards as part of a consolidation in 2022. Besides California, a number of U.S. states are considering requiring climate-related reporting, including New York. Both the California law and a bill in New York address disclosure of climate risks and directly refer to ISSB standards. Other states, including Illinois, New Jersey and Colorado, are also considering climate reporting, and some reporting is also required under a Minnesota law. 

Of the 16 jurisdictional snapshots published by the IFRS Foundation, 12 propose or have published standards (or requirements) that are fully aligned with ISSB standards (such as Canada) or are designed to deliver outcomes functionally aligned with those resulting from the application of ISSB standards (such as Japan). Three propose standards (or requirements) that incorporate a significant portion of disclosures required by ISSB standards, and one is considering allowing the use of ISSB standards. For these jurisdictions, their target approach to adoption is yet to be finalized. Once jurisdictions have finalized their decisions on adoption or other use of ISSB standards, the IFRS Foundation plans to publish a profile for these jurisdictions.   

“The ISSB standards are bringing clarity to investors on the risks and opportunities lying in value chains across time horizons in a rapidly changing world,” said ISSB chair Emmanuel Faber in a statement Thursday. “A year ago, we committed to publishing detailed jurisdictional profiles describing adoption of our standards to complement our Inaugural Jurisdictional Guide. The profiles provide a detailed current state-of-play to investors, banks, and insurers who continue to struggle with the lack of appropriate, comparable and reliable information on these critical factors affecting business prospects. We have seen new jurisdictions joining the initial cohort of ISSB adopters every month, with a total of 36 today.” 

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IRS extends deadline on crypto broker reporting and withholding

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The Treasury Department and the Internal Revenue Service are giving cryptocurrency brokers additional time to comply with requirements to report on digital asset sales and withhold taxes.

In Notice 2025-33, they extended and modified the transition relief provided last year in Notice 2024-56 for brokers who are required to file Form 1099-DA, Digital Asset Proceeds From Broker Transactions to report certain digital asset sale and exchange transactions by customers.

In 2024, Treasury and IRS announced final regulations requiring brokers to report digital asset sale and exchange transactions on Form 1099-DA, furnish payee statements, and backup withhold on certain transactions starting Jan. 1, 2025. The IRS also announced in Notice 2024-56 transition relief from penalties related to information reporting and backup withholding tax liability required by these final regulations for transactions effected during 2025. Notice 2024-56 also provided limited transition relief from backup withholding tax liability for transactions effected in 2026.

The IRS said it has received and carefully considered comments from the public about the transition relief provided in Notice 2024-56 indicating that brokers needed more time to comply with the reporting requirements; today’s notice addresses those comments.

In the new Notice 2025-33, the Treasury and the IRS extended the transition relief from backup withholding tax liability and associated penalties for any broker that fails to withhold and pay the backup withholding tax for any digital asset sale or exchange transaction effected during calendar year 2026.

The Trump administration has been notably more supportive of the crypto industry since taking office, relaxing guidance at the Securities and Exchange Commission as well.

The notice also extends the limited transition relief from backup withholding tax liability for an extra year. That means brokers won’t be required to backup withhold for any digital asset sale or exchange transactions effected in 2027 for a customer (payee), if the broker submits that payee’s name and tax identification number to the IRS’s TIN Matching Program and receives a response that the name and TIN combination matches IRS records. They’re also granting relief to brokers that fail to withhold and pay the full backup withholding tax due, if the failure is due to a decrease in the value of withheld digital assets in a sale of digital assets in return for different digital assets in 2027, and the broker immediately liquidates the withheld digital assets for cash.

This notice also includes more transition relief for brokers for sales of digital assets effected during calendar year 2027 for certain customers that haven’t been previously classified by the broker as U.S. persons. 

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