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New 2023 K-1 instructions stir the CAMT pot for partnerships and corporations

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The Internal Revenue Service threw a late curveball at tax professionals scrambling to meet the April 15 deadline when, on April 9, it released a post-release change updating the 2023 Partner’s Instructions for Schedule K-1. This seemingly minor update packs a big punch, adding new compliance burdens for partnerships and their corporate partners.

To start, while the Corporate Alternative Minimum Tax might seem like a concern solely for corporations, the updated instructions demonstrate that its reach extends to partnerships and their partners as well. A partnership’s net income or loss can impact a corporate partner’s adjusted financial statement income for CAMT purposes.

The crux of the update lies in the requirement for certain partners to request CAMT information from partnerships. This applies to corporations and upper-tier partnerships with indirect or direct corporate partners if they can’t determine their share of the partnership’s AFSI without additional information. This information request must be made in writing, and both the request and the received information need to be retained in the partner’s records.

A glimpse into the future of CAMT?

The instructions suggest a potential “bottom-up approach” for determining a partner’s share of partnership AFSI in future guidance. This would involve a tiered calculation, working its way up the chain of partnerships to the corporate partner. While the exact details remain unclear, it hints at a more complex CAMT landscape for partnerships.

Here’s what you need to know for the current tax year:

  • Partnerships: Be prepared to furnish CAMT information to partners upon request. Failure to do so by the deadline could trigger penalties under Section 6227.
  • Corporate partners: If you file Form 4626 and are a partner in a partnership with a corporate partner (direct or indirect), you need to request specific information from the partnership to determine your share of the partnership’s AFSI. Keep a copy of both the request and the information received.
  • Schedule K-1 updates: The instructions for Box 20, Code ZZ on Schedule K-1 now reflect the new requirement for partners to request CAMT information.

The updated instructions raise more questions than they answer. The timing and format for requesting CAMT information remain unclear. Additionally, the “bottom-up approach” for determining partnership AFSI needs further clarification.

While these updates primarily impact 2023 tax returns, they foreshadow a potentially more complex CAMT landscape for partnerships and their corporate partners in the years to come. Tax professionals should stay tuned for further guidance from the IRS on the ever-evolving CAMT regulations.

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In the blogs: To be continued?

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TikTok and taxes; future of L.A. revenues; engagement limits; and other highlights from our favorite tax bloggers.

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Carr, Riggs & Ingram merges in CapinCrouse

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Carr, Riggs & Ingram, a Top 25 Firm based in Enterprise, Alabama, has added CapinCrouse, a Regional Leader based in Indianapolis, effective Jan. 17, 2025.

The deal is CRI’s biggest merger in its history, and the first since it received outside investment last November from Centerbridge Partners and Bessemer Venture Partners. 

CapinCrouse focuses on exclusively serving nonprofits, such as faith-based  organizations and private colleges. The merger will add 40 partners, 185 professionals and 15 offices to CRI, which has 437 partners and 2,304 staff 

After the outside investment, CRI split its attest and non-attest practices, as is common when accounting firms receive private equity or venture capital funding. Carr, Riggs & Ingram, L.L.C., as an independent licensed CPA firm, is providing assurance, attest and audit services. CRI Advisors, LLC (including its subsidiary entities) operates as a separate legal entity, providing clients with tax and business consulting services.  

“This merger represents an exciting milestone in our firm’s history and a significant  advancement for both CRI and CapinCrouse,” said CRI Advisors LLC chairman Bill Carr in a statement Tuesday. “We have previously invested in firms that specialize in serving faith-based  organizations and private colleges. With the addition of CapinCrouse, CRI is now  positioned to become the leading national provider in these vital markets. By combining  our strengths, we will enhance the value we offer and greatly expand our national  geographical presence. We are proud to welcome CapinCrouse to the CRI family.” 

Financial terms of the deal were not disclosed. CRI ranked No. 24 on Accounting Today‘s 2024 list of the Top 100 Firms, with $455.36 million in annual revenue. CapinCrouse ranked No. 27 on Accounting Today‘s Regional Leaders list of the Top Firms in the Great Lakes region, with $35.51 million in annual revenue.

“We are very pleased to join CRI,” said Fran Brown, Managing Partner of CapinCrouse. “For  over 50 years, our focus has been on providing innovative service to nonprofit  organizations whose outcomes are measured in lives changed. CRI’s commitment to client service, respect, and integrity is an excellent fit with our mission and firm culture. We will  continue to operate under the CapinCrouse brand and are excited to now have access to  more offerings and resources to further drive exceptional client service.” 

Koltin Consulting Group CEO Allan Koltin advised both firms on the merger. “It is interesting to note that this is CRI’s biggest M&A deal in its history, and it comes on the heels of their private equity deal with Centerbridge Partners and Bessemer Venture Partners,” he said in a statement. “CapinCrouse, a top 125 firm nationally, is viewed by many as the preeminent firm in the country when it comes to the audit and related advisory  services of nonprofits and religious organizations. My intuition suggests that going forward, we will see CRI expanding its geographic reach nationally by combining with more top 200 firms.” 

Last August, CRI added ProSport CPA, a firm in New Kent County, Virginia, offering tax and accounting services within the sports and entertainment niche. In 2023, CRI expanded into Oklahoma by adding Stanfield + O’Dell PC, a firm in Tulsa. CRI expanded to South Carolina in 2022 by adding Lanning Group LLC, a firm based in Mount Pleasant in the Charleston suburbs, and expanded in Florida by adding Alonso & Garcia, a firm in Miami. It expanded that year in Florida by adding Travani & Richter in Jupiter, and in Texas by adding Pharr Bounds LLP in Austin.

In 2022, CapinCrouse acquired the Global Center for Nonprofit Excellence.

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Trump names Mark Uyeda acting chair of SEC

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SEC commissioner Mark Uyeda, speaking at the AICPA & CIMA Conference on Current SEC and PCAOB Developments

President Donald Trump named Mark Uyeda, a Republican member of the Securities and Exchange Commission, as acting chairman of the SEC, while confirmation hearings await for Trump’s official pick as chairman, Paul Atkins.

Uyeda has been an SEC commissioner since 2022 and a member of the staff since 2006. Last month, he discussed at an AICPA & CIMA conference in Washington how the SEC is likely to pursue a more deregulatory approach during the Trump administration. The previous SEC chair, Gary Gensler, has pursued an active approach to enforcement and rulemaking, provoking opposition and a wave of lawsuits from the financial industry. A few weeks after the election, Gensler announced plans to step down on Jan. 20, Inauguration Day. 

“I am honored to serve in this capacity after serving as a Commissioner since 2022, and a member of the staff since 2006,” Uyeda said in a statement Monday. “I have great respect for the knowledge, expertise and experience of the agency and its people. The SEC has a vital mission—protecting investors, maintaining fair, orderly, and efficient markets, and facilitating capital formation—that plays a key role in promoting innovation, jobs creation, and the American Dream.”

Last month, Trump named Paul Atkins, a former SEC commissioner, as a replacement for Gensler. Atkins has been a proponent of cryptocurrency, while Gensler had imposed steep penalties on companies in the crypto industry. Confirmation hearings have not yet begun for Atkinds, but he has been meeting with lawmakers privately and is expected to be confirmed.

As acting chairman, Uyeda announced Monday that he would be launching a crypto task force dedicated to developing a comprehensive and clear regulatory framework for crypto assets. The task force will be led by another Republican commissioner, Hester Peirce. 

The task force plans to collaborate with SEC staff and the public to set the SEC on a regulatory path as opposed to pursuing enforcement actions to regulate crypto “retroactively and reactively,” according to a news release.

“This undertaking will take time, patience and much hard work,” Peirce said in a statement. “It will succeed only if the Task Force has input from a wide range of investors, industry participants, academics and other interested parties. We look forward to working hand-in-hand with the public to foster a regulatory environment that protects investors, facilitates capital formation, fosters market integrity, and supports innovation.”

The task force plans to hold roundtables in the future, but in the meantime is asking for public input at [email protected].  

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