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Non-grantor trusts could stack big tax breaks under OBBBA

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The One Big Beautiful Bill Act will lead to a “renaissance” of income tax planning through non-grantor trusts that can “stack” the available savings, according to two experts.

In light of the law, financial advisors, tax professionals and their clients should consider income strategies involving methods that shift their earnings to multiple trust entities that could harness several of the benefits at once, according to a webinar earlier this month held by Leimberg Information Services, which provides training courses, newsletters and other resources for financial advisors and tax and law professionals with high net worth customers. 

The potential opportunities stem from new provisions that include the state and local tax deduction, the deduction for qualified business income for pass-through entities and the breaks on capital gains duties from qualified small business stock. With higher, permanent exemptions from the estate tax, those income and earnings-based provisions have grown in importance.

READ MORE: Caps, credits, contributions: Tax planning for parents under OBBBA

Short stack or big stack?

However, a white paper and the subsequent online presentation led by Robert Keebler, partner with advisory and accounting firm Keebler & Associates, and Steven Oshins, member of the Oshins & Associates Law Firm, pointed out that there are some guardrails related to IRS rules against the multiplication of income tax advantages across several non-grantor trusts for a single beneficiary. So they presented case studies involving high net worth households that created just one trust entity for each child or grandchild of the grantor. The “stack” of savings from several trust entities can yield significant benefits — tens of thousands of dollars in lower taxes or more in many of the examples.

“Now that we have this $30 million exemption for a married couple, very few of our clients are above the $30 million, so the new estate planning is to do income tax planning,” said Oshins, whose firm maintains rankings of states based on their rules and tax treatment for various trust entities. “There’s going to be less estate tax planning from here on out, and we should be focusing on income tax planning using one or more non-grantor trusts. … This created a lot of different income tax planning opportunities that we may or may not have had prior to this new tax bill being passed and signed into law.”

Those rule shifts, such as the law’s expansion of the SALT deduction to $40,000 from only $10,000 for most households, plus the shortage of incoming CPA talent, create a new landscape for tax professionals.

“If you’re an estate planning lawyer, you might say to yourself, ‘Well, this is income tax. I usually don’t jump into the income tax,'” Keebler said. “But what’s happened because of the CPA shortage? Many, many clients are not getting the same proactive planning they might have received 10 or 15 years ago, and you can offer some of that, especially when it largely overlaps with your estate and trust expertise.” 

The law represents “a watershed moment for tax planning that will result in a renaissance in the world of income tax planning with non-grantor trusts,” according to the paper by Oshins and Keebler, which described that type of entity as the cornerstone of “a renewed focus on income tax planning.” The available strategies send income flowing to several trusts for each of the grantor’s beneficiaries, giving clients a chance to qualify for several benefits at the same time while forming the trust in states with the most advantageous rates for their earnings.

“Each one on its own may or may not be enough to sweeten the pot enough for a client to move forward with creating one or more non-grantor trusts described hereinabove,” the report said. “However, it is possible to ‘stack’ these benefits. If one benefit isn’t enough, maybe two benefits are enough for the client to see the value in creating the trust. With one benefit, the planning is a ‘maybe.’ With two benefits, the planning is a ‘probably.’ With three or more benefits, the planning is likely a ‘no-brainer.'”

READ MORE: How to avoid capital gains taxes with highly appreciated stocks

Be fruitful and multiply savings from trusts

For advisors with clients in states or cities that have high income rates, the new SALT deduction phases out to its earlier level of only $10,000 when their annual income reaches $600,000 or higher. But the trusts offer the ability for high-earning clients to distribute their income across beneficiaries who are usually in a lower tax bracket, for starters, with a wider deduction available of $40,000 if their yearly earnings are below $500,000.

“The name of the game — now that we have the higher estate tax exemption — is to set up these non-grantor trusts so we can do the income tax planning, because a non-grantor trust is a separate income taxpayer,” Oshins said. “We can stack multiple opportunities in the same non-grantor trust. The problem, prior to this tax act, was that we were working off of a $10,000 SALT deduction. So the tax savings of $10,000 to use a non-grantor trust were too small for a client to pay an attorney to set up a trust and pay an accountant to prepare the tax return. That one opportunity wasn’t enough. So now we have the $40,000 per year, and we can stack other opportunities.”

In other words, each of the trust entities earning below half a million dollars per year would be eligible to deduct up to $40,000 in state and local taxes from their federal income. And the clients could then apply more savings based on qualified business income or qualified small business stock through each trust as well, to “stack” those breaks on top of each other. That means that there are some clients who could use the trusts to tap into all three tax breaks in a way that multiplies their savings across the board, depending on circumstances.

READ MORE: Advisors clamor for estate planning tools as attorneys wave red flags

Cautions and caveats

The use of several trusts for one beneficiary would likely fail to bring all of those savings, since Section 643(f) of the code prevents taxpayers from multiplying their breaks with a non-grantor trust, unless the entities have different beneficiaries, according to the white paper. But assigning each benefactor a trust fills other reasonable purposes, beyond the available tax savings.

“If I came to Steve and said, ‘I only have one child, but here’s what I want you to do, Steve: I want you to draft three trusts. One trust pays the child when he’s 30, one trust pays the child when he’s 40, and one trust when he’s 50,'” Keebler said. “My guess is the government would consolidate that under 643(f). They would crush us.” 

“But, on the other hand,” he continued, “if I came with three children, and we have three legitimate trusts separately, the reason we’re setting them up is so that the children don’t have anything to fight about with distributions. The last thing an 80-year-old parent wants to hear is his children whining because the beneficiary of trust No. 1 went to law school, the trust paid for it, and another beneficiary of that trust went to tech school and the bills are 80 times different. And the parents in their 50s are upset about that. If they’re all in separate trusts, you keep better family harmony. There are plenty of reasons to do that, but you can stack up these exclusions. That is a beautiful and powerful thing.”

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Accounting

SEC’s Semiannual Reporting Proposal Faces Investor Pushback: What CFOs Need to Know

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U.S. Securities and Exchange Commission (SEC)

A proposal from the U.S. Securities and Exchange Commission to potentially shift some public companies away from quarterly financial reporting toward a semiannual model is drawing significant pushback from investors, even as it continues moving through the regulatory process. The debate has direct implications for corporate finance teams, auditors, and the broader transparency of U.S. capital markets.

What the SEC Proposed

According to a summary published by accounting advisory firm Cohen & Co., the SEC issued a proposed rule on May 19, 2026, aimed at simplifying financial reporting requirements for many U.S. public companies. The proposal would potentially reduce the frequency of certain mandatory disclosures from quarterly to semiannual, a structural change that has not been made to core U.S. reporting requirements in decades.

The proposal follows an extended debate within U.S. policy circles, with proponents arguing that reduced reporting frequency could lower compliance costs and free up management time for longer-term strategic planning rather than quarter-to-quarter results management.

Why Investors Are Pushing Back

Comment letters submitted in response to the proposal have been extensive, and according to Cohen & Co.’s review of the public record, investors “appear to be largely opposed” to the shift, viewing frequent interim reporting as a core benefit of U.S. capital markets relative to other jurisdictions.

Accounting and law firms have taken a more measured position, generally urging any changes to remain aligned with the Financial Accounting Standards Board (FASB), whose existing disclosure requirements and guidance are built around a quarterly reporting cadence. A shift to semiannual reporting without corresponding changes to FASB guidance could create friction between SEC filing requirements and GAAP-based disclosure expectations.

Lessons From the U.K. Experience

The debate is not without precedent. The United Kingdom moved away from mandatory quarterly reporting for listed companies in 2014, returning to a semiannual disclosure requirement. According to Cohen & Co.’s analysis, that experience offers a cautionary data point: there was no measurable increase in capital expenditure or R&D investment following the change, while analyst coverage of affected companies declined as reliable interim information became less available — a particular risk for smaller and newly public companies that rely on analyst coverage to maintain investor visibility.

Practical Implications for Finance Teams

Beyond the debate over disclosure philosophy, the proposal carries practical complications. Many companies have debt covenants and credit agreements structured around quarterly financial delivery; a shift to semiannual reporting could require renegotiating those terms. Reduced reporting frequency would also extend the “window of market silence” between disclosures, a factor that governance and investor-relations teams would need to manage carefully to avoid information asymmetry.

Separately, and unrelated to the reporting-frequency debate, the SEC and FASB have continued finalizing more routine updates this year. New Accounting Standards Updates are taking effect for December 31, 2026, fiscal year-ends covering income tax disclosures, credit loss measurement, induced debt conversions, and stock compensation, according to Eide Bailly’s review of 2026 ASU activity. Additional guidance on paid-in-kind dividends and environmental credits is also on the near-term horizon.

What to Watch Next

The semiannual reporting proposal remains in the comment and review phase, and no final rule has been adopted as of this writing. Finance leaders should monitor the SEC’s regulatory agenda for further movement, while treating the current quarterly reporting requirement as the operative standard until any final rule is issued and an effective date is set.

Given the extent of investor opposition documented in the comment file, a full shift to mandatory semiannual reporting appears more likely to result in either a scaled-back compromise or continued study rather than swift adoption — though the SEC’s ultimate direction remains uncertain.

 

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AI-Driven Automation and Continuous Accounting Frameworks

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The accounting profession is undergoing a fundamental structural transition as enterprise finance departments shift from periodic month-end closes toward automated continuous accounting models. By integrating specialized machine learning algorithms directly into enterprise resource planning (ERP) platforms, chief accounting officers are transforming financial reporting from a retrospective exercise into a real-time operational asset.

The Shift from Periodic Close to Continuous Financial Reporting
Traditional accounting workflows heavily relied on manual data reconciliation, spreadsheet calculations, and multi-week closing cycles at the end of each fiscal period. In contrast, continuous accounting frameworks utilize automated software agents to process, validate, and post transactional data in real time as business activities occur.

Automated bank reconciliation tools cross-reference incoming bank feeds, invoice records, and purchase orders automatically. By resolving transactional variances instantly throughout the month, corporate accounting teams eliminate the traditional workload spikes associated with quarterly and annual closes.

Machine Learning in Audit Trails and Anomaly Detection
Advanced natural language processing (NLP) and machine learning tools are redefining internal audit and financial control environments. Automated systems analyze 100% of general ledger entries, identifying anomalous transactions, duplicate payments, and unauthorized journal entries in real time.

Rather than relying on random statistical sampling, corporate internal auditors can focus their attention on high-risk flags automatically surfaced by algorithmic monitoring platforms. This continuous risk assessment strengthens internal controls over financial reporting (ICFR) and significantly reduces fraud risk.

Evolving Roles for Accounting Professionals
As routine data entry and manual reconciliation tasks become fully automated, the skill set required for accounting professionals is shifting toward data analysis, system design, and strategic business advisory.
– Systems Governance: Accountants are increasingly responsible for monitoring algorithmic accuracy and managing data integration pipelines.
– Business Partnership: Finance professionals leverage real-time financial dashboards to advise operational leaders on margin management and working capital allocation.
– Regulatory Compliance Management: Accounting teams utilize automated platforms to ensure compliance with dynamic tax codes and international accounting standards.

Core Implementation Recommendations
1. Deploy Automated Reconciliation Tools: Integrate continuous transaction processing modules into existing enterprise ERP architectures.
2. Establish Algorithmic Governance Controls: Implement strict internal testing protocols to ensure automated accounting rules comply with GAAP/IFRS standards.
3. Reskill Accounting Teams: Invest in training finance staff on data analytics, workflow automation, and predictive financial modeling.

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Accounting

Global ESG Reporting Standards and Double Materiality Compliance

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Corporate accounting departments face expanding reporting expectations as international sustainability disclosure standards achieve regulatory enforcement across major global jurisdictions. Chief Accounting Officers (CAOs) and corporate controllers are establishing rigorous internal accounting controls to treat Environmental, Social, and Governance (ESG) metrics with the same data precision, auditability, and governance as traditional financial statements.

Regulatory Harmonization Under Global Sustainability Frameworks
The implementation of standardized sustainability reporting frameworks—notably rules established by international sustainability accounting boards—has created unified expectations for public and large private enterprises. Corporations must report standardized metrics covering greenhouse gas emissions (Scope 1, 2, and material Scope 3), energy utilization, workforce demographics, and supply chain governance.

In Europe and other participating international jurisdictions, double materiality principles are mandatory. Under double materiality, organizations must report both how external sustainability risks impact corporate financial performance, and how internal corporate operations affect surrounding environmental and social structures.

Integrating Sustainability Metrics into Core ERP Systems
To provide auditable non-financial data, enterprise organizations are integrating specialized carbon accounting and ESG management platforms directly into core ERP systems. Automated data collectors capture energy utility invoices, logistics fuel consumption metrics, and vendor compliance records in real time.

Establishing automated, traceable data pipelines ensures that non-financial reporting is supported by clear audit trails. This structured approach allows external financial auditors to provide reasonable assurance on sustainability disclosures during annual corporate reporting cycles.

Financial Impacts and Capital Market Disclosure
Accurate ESG reporting directly influences corporate cost of capital and institutional credit ratings. Commercial lenders and institutional asset managers systematically incorporate sustainability metrics into risk pricing models. Companies that demonstrate transparent, verifiable progress in operational energy efficiency and climate risk mitigation benefit from expanded access to green bond markets and lower debt pricing.

Action Steps for Accounting Leadership
1. Implement Double Materiality Frameworks: Conduct comprehensive assessments to identify material financial and operational sustainability metrics.
2. Build Auditable Non-Financial Data Pipelines: Automate ESG data collection within core accounting software to ensure data integrity.
3. Align Sustainability with Annual Financial Filings: Prepare non-financial disclosures concurrently with financial statements to satisfy regulatory audit expectations.

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