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November’s election is shaping up to be critical to tax planning

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The nearing November elections will be determinative for tax outcomes, say observers. That’s not just due to the presidential election, according to Rochelle Hodes, Washington National Tax Office principal at Top 25 Firm Crowe. “It’s not just the presidential election,” she said. “Both houses of Congress are also at stake and might tip either way.”

“The tax proposals are not the kind that are able to be implemented by regulation or executive order,” she explained. “There is significant complication this time around, including the expiring Tax Cuts and Jobs Act provisions. Whoever takes control of the next Congress will have to figure out what to do about those provisions. The cost of extending all of the provisions is $4.6 trillion. Most of them are related to individuals. If they are allowed to expire, that would raise the tax for many individuals, which is an unattractive proposition for any president or for Congress. The decision will have to be made about which will be allowed to expire, whether or not some of the provisions will be changed in order to accommodate whatever budget goals are agreed upon, then the decision and consensus will have to be made concerning offsets to pay for the resolution of expiring provisions.”

Each party has taken a position on the TCJA, noted Hodes. “On the Republican side, the TCJA was the central tax policy accomplishment of the Trump administration,” she said. “They would make permanent the double standard deduction, for example. It’s unclear whether or not they want to extend only the positive and not the negative provisions. For example, the SALT cap of $10,000 has been very unpopular with high-tax states. While a lot of them might be blue states, a lot of the rest and Congress are not. So SALT has garnered a lot of attention. In general, Republicans want to make the expiring provisions permanent.”

Donald Trump and Kamala Harris - facing pics
Donald Trump and Kamala Harris

Stephen Maturen/Getty Images and/Photographer: Stephen Maturen/Ge

Meanwhile, she continued, “The Democrats and the Harris campaign have put forth the view that they are in favor of extending the expiring provisions to the extent that an individual making less than $400,000 per year and small businesses are not going to have an increase in tax. There has been much written about how that will be accomplished.” 

Of the two different approaches to the TCJA, the Democrats may be “easier” in that they have put forth offsets for the TCJA extension in light of the $400,000 limit. 

Additional Harris proposals focus on the middle class and small business, according to Hodes. “They have offsets they can get, such as a 25% minimum tax on those with more than $100 million in wealth, raising the corporate tax from 21% to 28%. Their raise in the capital gains tax rate is interesting in that Harris recently took a stand that was less of an increase than originally planned in the Green Book — 28% for those with income of more than $1 million. Interestingly, I had trouble getting more concrete information about whether that would also cover qualified dividends. It was unclear from their statement if they were tied together, and was also unclear about the investment income tax. The Green Book proposal to increase that tax, as well as her comments, did not address that, so our chart [available here] assumes that the increase in the Green Book is where Harris would be. All of these increases are raised off the extension of expiring provisions for those making less than $400,000.”

On the Republican side, there are different views about offsets and when they are needed, she added: “For instance, there is a group of Republicans that view many of the TCJA provisions as good for the economy that would drive increases in the economy and economic growth so that an offset would not be necessary. It doesn’t appear that there is a consensus on which provisions in the TCJA should be permanent. How do you figure out who will win in negotiations and how do you plan for uncertainty — that kind of planning is what a lot of them will have to engage in. Some of that uncertainty will be removed after the election.”

For high-net-worth individuals subject to the estate tax, things will become more complicated, according to Hodes. “If either party wins a majority in both houses as well as the presidency, there will be a better understanding of the direction of how the TCJA issues will be resolved, and the direction that other legislation might take,” she explained. “If we have a divided government, I don’t think the November elections will bring much clarity. There will be proposals that will start to develop momentum, as well as some extenders during the lame duck session, but I don’t believe the TCJA can be resolved then. The year 2025 is going to be a very interesting tax legislative year.”

Hodes advised taxpayers to look at the various proposals and identify those that really make a difference — for example, corporate and individual rates for the highest earners. The expiration of Code Section 199A, the qualified business income deduction for pass-throughs, is set to expire. “A lot of small businesses rely on this,” she said. “Does it make another entity more attractive to conduct business? Entities that have taken the deduction need to model and see how a combination of changes will affect them.”

Meanwhile, the Harris proposal to tax unrealized capital gains, if it gains traction in a Democrat-controlled House and Senate, could become the most difficult proposal in the Tax Code to administer, according to Jeffrey Kelson, co-leader of the national tax practice at Top 25 Firm EisnerAmper.

“Harris expressed broad support for a plan to introduce a minimum income tax of 25%. Anyone with a net wealth of more than $100 million would be subject to a prepayment of tax on unrealized gain. If the asset were held and subsequently went down in value, they would be eligible for a refund,” he noted. “Once this is done, it would be necessary to start all over again to value the assets for the next year. It would be very difficult on both sides, and a lot of people might have to sell assets to pay the tax.”

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FASB proposes guidance on accounting for government grants

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The Financial Accounting Standards Board issued a proposed accounting standards update Tuesday to establish authoritative guidance on the accounting for government grants received by business entities. 

U.S. GAAP currently doesn’t provide specific authoritative guidance about the recognition, measurement, and presentation of a grant received by a business entity from a government. Instead, many businesses currently apply the International Financial Reporting Standards Foundation’s International Accounting Standard 20, Accounting for Government Grants and Disclosure of Government Assistance, by analogy, at least in part, to account for government grants.

In 2022 FASB issued an Invitation to Comment, Accounting for Government Grants by Business Entities—Potential Incorporation of IAS 20, Accounting for Government Grants and Disclosure of Government Assistance, into GAAP. In response, most of FASB’s stakeholders supported leveraging the guidance in IAS 20 to develop accounting guidance for government grants in GAAP, believing it would reduce diversity in practice because entities would apply the guidance instead of analogizing to it or other guidance, thus narrowing the variability in accounting for government grants.

Financial Accounting Standards Board offices with new FASB logo sign.jpg
FASB offices

Patrick Dorsman/Financial Accounting Foundation

The proposed ASU would leverage the guidance in IAS 20 with targeted improvements to establish guidance on how to recognize, measure, and present a government grant including (1) a grant related to an asset and (2) a grant related to income. It also would require, consistent with current disclosure requirements, disclosure about the nature of the government grant received, the accounting policies used to account for the grant, and significant terms and conditions of the grant, among others.

FASB is asking for comments on the proposed ASU by March 31, 2025.

“It will not be a cut and paste of IAS 20,” said FASB technical director Jackson Day during a session at Financial Executives International’s Current Financial Reporting Insights conference last week. “First of all, the scope is going to be a little bit different, probably a little bit more narrow. Second of all, the threshold of recognizing a government grant will be based on ‘probable,’ and ‘probable’ as we think of it in U.S. GAAP terms. We’re also going to do some work to make clarifications, etc. There is a little bit different thinking around the government grants for assets. There will be a deferred income approach or a cost accumulation approach that you can pick. And finally, there will be different disclosures because the disclosures will be based on what the board had previously issued, but it does leverage IAS 20. A few other things it does as far as reducing diversity. Most people analogized IAS 20. That was our anecdotal findings. But what does that mean? How exactly do they do that? This will set forth the specifics. It will also eliminate from the population those that were analogizing to ASC 450 or 958, because there were a few of those too. So it will go a long way in reducing diversity. It will also head down a model that will be generally internationally converged, which we still think about. We still collaborate with the staff [of the International Accounting Standards Board]. We don’t have any joint projects, but we still do our best when it makes sense to align on projects.”

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In the blogs: Questions for the moment

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Fighting scope creep; QCDs as the year ends; advising ministers; and other highlights from our favorite tax bloggers.

Questions for the moment

  • CLA (https://www.claconnect.com/en/resources?pageNum=0): One major question of the moment: What can nonprofits expect from future federal tax policies?
  • Mauled Again (http://mauledagain.blogspot.com/): Not long ago, about a dozen states would seize property for failure to pay property taxes and, instead of simply taking their share of unpaid taxes, interest, and penalties and returning the excess to the property owner, they would pocket the entire proceeds of the sales. Did high court intervention stem this practice? Not so much.
  • TaxConnex (https://www.taxconnex.com/blog-): What are the best questions to pin down sales tax risk and exposure?
  • Current Federal Tax Developments (https://www.currentfederaltaxdevelopments.com/): In Surk LLC v. Commissioner, the Tax Court was presented with the question of basis computations related to an interest in a partnership. The taxpayer mistakenly deducted losses that exceeded the limitation in IRC Sec. 704(d), raising the question: Should the taxpayer reduce its basis in subsequent years by the amount of those disallowed losses or compute the basis by treating those losses as if they were never deducted?

Creeping

On the table

  • Don’t Mess with Taxes (http://dontmesswithtaxes.typepad.com/): What to remind them, as end-of-year planning looms, about this year’s QCD numbers.
  • Parametric (https://www.parametricportfolio.com/blog): If your clients are using more traditional commingled products for their passive exposures, they may not know how much tax money they’re leaving on the table. A look at possible advantages of a separately managed account. 
  • Turbotax (https://blog.turbotax.intuit.com): Whether they’re talking diversification, gainful hobby or income stream, what to remind them about the tax benefits of investing in real estate.
  • The National Association of Tax Professionals (https://blog.natptax.com/): Q&A from a recent webinar on day cares’ unique income and expense categories.
  • Boyum & Barenscheer (https://www.myboyum.com/blog/): For larger manufacturers, compliance under IRC 263A is essential. And for all manufacturers, effective inventory management goes beyond balancing stock levels. Key factors affecting inventory accounting for large and small manufacturing businesses.
  • U of I Tax School (https://taxschool.illinois.edu/blog/): What to remind them — and yourself — about the taxation of clients who are ministers.
  • Withum (https://www.withum.com/resources/): A look at the recent IRS Memorandum 2024-36010 that denied the application of IRC Sec. 245A to dividends received by a controlled foreign corporation.

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Accounting

PwC funds AI in Accounting Fellowship at Bryant University

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PwC made a $1.5 million investment to Bryant University, in Smithfield, Rhode Island, to fund the launch of the PwC AI in Accounting Fellowship.

The experiential learning program allows undergraduate students to explore AI’s impact in accounting by way of engaging in research with faculty, corporate-sponsored projects and professional development that blends traditional accounting principles with AI-driven tools and platforms. 

The first cohort of PwC AI in Accounting Fellows will be awarded to members of the Bryant Honors Program planning to study accounting. The fellowship funds can be applied to various educational resources, including conference fees, specialized data sheets, software and travel.

PwC sign, branding

Krisztian Bocsi/Bloomberg

“Aligned with our Vision 2030 strategic plan and our commitment to experiential learning and academic excellence, the fellowship also builds upon PwC’s longstanding relationship with Bryant University,” Bryant University president Ross Gittell said in a statement. “This strong partnership supports institutional objectives and includes the annual PwC Accounting Careers Leadership Institute for rising high school seniors, the PwC Endowed Scholarship Fund, the PwC Book Fund, and the PwC Center for Diversity and Inclusion.”

Bob Calabro, a PwC US partner and 1988 Bryant University alumnus and trustee, helped lead the development of the program.

“We are excited to introduce students to the many opportunities available to them in the accounting field and to prepare them to make the most of those opportunities, This program further illustrates the strong relationship between PwC and Bryant University, where so many of our partners and staff began their career journey in accounting” Calabro said in a statement.

“Bryant’s Accounting faculty are excited to work with our PwC AI in Accounting Fellows to help them develop impactful research projects and create important experiential learning opportunities,” professor Daniel Ames, chair of Bryant’s accounting department, said in a statement. “This program provides an invaluable opportunity for students to apply AI concepts to real-world accounting, shaping their educational journey in significant ways.”

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