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Tax bill to end US reliance on China solar will slow green shift

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A massive tax-and-spending bill passed by the House of Representatives last week marks the culmination of nearly two decades of efforts to decisively wean the U.S. off cheap Chinese solar panels. 

The measure would clamp down on energy tax credits created or expanded by the 2022 Inflation Reduction Act by imposing a slew of new restrictions, including earlier expiration dates and mandates that projects be free of any connection to China and other so-called “foreign entities of concern.” Relying on imported materials or components, or having ownership tied to China, could be enough to block project developers from receiving those credits. 

At first blush, the idea is a natural outgrowth of a longstanding policy push — embraced in Washington by multiple presidents and both political parties — to minimize U.S. reliance on energy technology from China, the world’s dominant supplier. 

Renewable energy advocates argue the requirements are so blunt — without exemptions or phased-in timelines — they would likely be decisive in curbing U.S. reliance on China’s solar equipment and batteries, but they’d come at the expense of the domestic energy transition.

For years, politicians have tried to achieve a balance, aiming to bolster domestic manufacturing, while also accelerating adoption of clean energy. In 2009, former President Barack Obama’s administration attempted to use stimulus money to goose green energy manufacturing inside the U.S. The same year, Democratic Senator Chuck Schumer of New York condemned the use of federal subsidies for a Texas wind farm that planned to install turbines made in China. 

Obama’s administration went on to impose duties on solar cells and modules from China — which have effectively been expanded to Chinese companies operating manufacturing sites in Southeast Asia too. President Donald Trump in 2018 imposed tariffs on imported solar cells and modules, after a trade probe said they posed a threat to domestic panelmakers. 

Now, domestic solar factories are booming — with a surge of new investments in U.S. panel factories thanks in part to demand stoked by former President Joe Biden’s 2022 climate law, as well as its tax credits for manufacturing solar equipment, battery parts and other advanced energy components. 

But the U.S. supply of new panels — much less the cells, ingots and wafers they’re made from — hasn’t caught up with domestic demand. Meanwhile, the “foreign entity of concern” provisions in the House-passed bill, if adopted by the Senate and enacted, “will be complex and burdensome to implement, creating additional risks and disincentives for clean energy developers, especially those that source components globally,” according to a memo from the League of Conservation Voters.

What’s more, renewable energy developers say the confusion wouldn’t clear up anytime soon, since the Treasury Department is likely to take its time to issue guidance on how to interpret the new requirements. Developers continue to lobby the Senate to jettison the House bill’s IRA changes.

China hawks have cheered the move, saying it’s time Washington got serious about truly severing Beijing from U.S. energy supply chains. Continuing to buy imported equipment from China — or from Chinese firms operating manufacturing plants in other countries — only strengthens the supplier’s dominance over the energy technology necessary in a warming world. And, critics insist, doing so rewards China for alleged use of forced labor — which Beijing denies — as well as unfair trade practices such as heaping government subsidies on the industry. 

The House bill’s provisions represent “the culmination of China’s ongoing efforts to undermine U.S. trade laws and cripple our domestic manufacturers,” said Jon Toomey, president of the Coalition for a Prosperous America. 

“The United States invented solar technology, and we are committed to protecting and rebuilding our domestic solar industry,” Toomey said. “China’s solar industry is propped up by hundreds of millions of dollars in state subsidies, relies on forced labor, routinely circumvents U.S. trade laws and dumps underpriced products into our market.”

Still, the provisions could make it harder for the U.S. to build its own, independent solar supply chain and to satisfy climbing power demand from artificial intelligence, according to analysts.

“To the extent we’re talking about building electricity generation capacity fast, there’s an organic case to be made for solar,” said Kevin Book, managing director at Washington-based research firm ClearView Energy Partners LLC. “Failing to deliver the raw materials to supply that demand could further undercut the development of the market for that domestic manufacturing, even when it should show up.”

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Accounting

AICPA’s Carl Peterson to retire

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Carl Peterson, vice president of small firm interests at the American Institute of CPAs, will retire on June 30.

Peterson joined the AICPA in 2014 focusing on the organization’s relationship with groups focused on issues impacting small firms. He also liaised with state CPA societies and led small firm roundtables, including two major webcast series, “Small Firm Updates” and “Small Firm Issues,” which helped practitioners and state society staff stay ahead of emerging trends, technical updates and regulatory changes.

“Carl’s ability to connect with small firm practitioners, understand their realities, and elevate their perspectives made him an invaluable advisor to me,” Susan Coffey, the AICPA’s CEO of public accounting, said in a statement. “He made sure our strategies and policies never lost sight of what matters most to our members operating smaller firms. Carl’s personal investment in building relationships — often through Sunday night phone calls or midweek check-ins — demonstrated his unmatched dedication to the profession.”

Carl Peterson of the AICPA

Carl Peterson

Peterson also worked for the International Federation of Accountants Small and Medium Practices Advisory Group as a technical advisor. Prior to joining the AICPA, he served as managing partner of a small firm in Minnesota. He also served as the chairman of the board of directors of the Minnesota Society of CPAs, and as chairman of the political action and legislative affairs committees. In 2013, he was honored by the MNCPA with their Distinguished Service Award.

“Carl has always understood that success in public accounting isn’t one-size-fits-all,” Mark Koziel, CEO of the AICPA, said in a statement. “His empathy, candor and deep experience gave small firms a trusted voice and brought tremendous credibility to our advocacy and resources. He made the AICPA feel personal.”

He has been a member of Accounting Today’s Top 100 Most Influential People in Accounting list each year since his appointment in 2014. 

“Carl’s legacy is one of deep connection, commitment, and service,” Lisa Simpson, vice president of firm services at the AICPA, said in a statement. “He didn’t just serve small firms, he brought their experiences into every conversation within the AICPA and raised the bar for how we support and listen to our members. Carl brought his own experiences serving on technical committees and being involved in state societies to give a holistic perspective to serving firms and their interests throughout the years.”

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IRS leveraging AI for audits amid layoffs

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The Internal Revenue Service is expected to lean more heavily on artificial intelligence technology as it carries out widespread layoffs.

A report, released last week by the Treasury Inspector General for Tax Administration, found the IRS could leverage its examination results when using AI to select cases for further scrutiny and improve its processes. TIGTA noted that the IRS’s current tax return selection models have resulted in a high percentage of examinations that were completed with no change to the tax liability. However, that means resources are wasted on unproductive examinations and compliant taxpayers are unnecessarily burdened. AI models can improve the process the IRS uses to select cases for examination. 

TIGTA assessed how effectively the IRS’s Large Business and International Division and the IRS Small Business/Self-Employed Division employ AI models to identify returns and issues for examinations.

The IRS started using AI several years ago and revamped how it selects tax returns and identifies issues for examination by using AI models that have been trained on current tax return data instead of relying on past audit results. 

The report noted that historical examination results are informative and should be used by the IRS to monitor and improve AI models when available. For instance, the IRS could utilize examination results to improve return classification and return selection AI models that could potentially identify new areas of noncompliance. The IRS should also consider evaluating ensemble machine-learning for improving the accuracy of identifying noncompliant taxpayers and narrowing the tax gap.  “Ensemble learning is an approach that combines multiple machine-learning algorithms to potentially improve performance by making more accurate predictions of which tax returns and/or issues to examine,” said the report. 

The IRS has not set up processes to evaluate whether the performance of AI models is better than prior methods or is achieving the intended objectives, according to the report. But not evaluating performance results runs contrary to federal AI key practices to ensure accountability and responsible AI use.

The report recommended that the IRS’s chief tax compliance officer, in partnership with the chief data and analytics officer where appropriate, require division commissioners to  use governance processes to ensure that examination performance results are part of the monitoring and continuing refinement of the return classification and selection AI models. They should also refine the AI models by incorporating ensemble machine-learning when appropriate; and establish a measurement plan with appropriate metrics to monitor AI models to ensure that they are achieving the expected benefits and to correct any model drifts. 

The IRS agreed with all three of TIGTA’s recommendations, subject to staffing constraints and anticipated new guidance from the Treasury Department on AI governance, and stated it has already tested and implemented ensemble methods in these models, where appropriate.

“The IRS is committed to continuously improving the case selection process,” wrote Reza Rashidi, acting chief data and analytics officer. “This includes making use of well-established processes to evaluate model performance.” 

She added that the IRS is currently awaiting guidance from the Treasury regarding new policies and priorities for AI governance. 

IRS layoffs

The IRS is expected to rely further on AI as it continues cuts to its workforce. According to another report released earlier this month by TIGTA on the cutbacks, over 11,400 IRS employees have either received termination notices as probationary employees or voluntarily resigned, representing an 11% reduction to the agency’s workforce. That number is expected to be higher by now, despite ongoing lawsuits and court decisions. The separations disproportionately impacted IRS revenue agents, who often handle audits and examinations, and found that approximately 31% of revenue agents, or 3,623 people, left the IRS under the program.

“About 11,000 employees have been let go since Inauguration Day, and that’s an 11% drop from the numbers in January,” said Anne Gibson, a senior legal analyst at Wolters Kluwer, earlier this month. “And it’s also been reported, more than 20,000 IRS employees have accepted this new second deferred resignation offer. That is really a lot of the workforce that’s already gone at this point, and that we’re potentially going to see leaving, and there have been reports of increased wait times, for instance, on the telephone lines.”

People are also concerned about how quickly tax refunds will be issued this year, she noted. “There’s definitely some concern out there about that,” said Gibson. “It’s also important to note that there have been other reports that the administration’s overall goal is to eventually reduce the IRS workforce down to about 60% or even 50% of the January 2025 levels. That would end up being a total of only 50,000 or 60,000 employees. It’s also important to keep in mind that, generally speaking, people have felt that the IRS has been understaffed and underfunded for the past decade. Although the numbers went up a little bit after the Inflation Reduction Act allowed for some more hiring, most people didn’t think it was yet at the level that they would want to see it at. So this is really a big reduction, which is likely to make things in all areas of the IRS a little more difficult or take longer.”

The cutbacks have led the IRS to drop many of the audits it already had in progress.

“There have been news reports about audits that are in process or that are even close to being wrapped up being canceled because members of that audit team were let go and they just didn’t have the staff to carry them on,” said Gibson. “I imagine we’ll see more of that.  Now, with those reductions, I think we’ll probably see fewer audits going forward than we would have otherwise seen because a large number of the staff that’s been let go, and reports are the targeted cuts going forward, a lot of those are in compliance, so that’s going to directly impact the ability of the IRS to take on audits and cases.”

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Illinois passes CPA licensure changes bill

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Illinois approved a bill on Thursday to create additional pathways to CPA licensure, and it awaits the signature of Gov. JB Pritzker.

The legislation, House Bill 2459, amends the Illinois Public Accounting Act to create two additional paths to licensure: a bachelor’s degree with a concentration in accounting plus two years of work experience, or a master’s degree with a concentration in accounting plus one year of work experience. All candidates must still pass the CPA exam.

The bill preserves the legacy pathway requiring 150 credit hours plus one year of experience and passing the exam. It also ensures practice mobility so that out-of-state CPAs can serve clients in Illinois without obtaining an Illinois license.

illinois-state-capitol.jpg
Illinois state Capitol

Dave Newman – Fotolia

“For more than a year, the Illinois CPA Society has focused on eliminating barriers to entry into the profession, most notably, the time and costs required to become a CPA,” Geof Brown, president and CEO of the Illinois CPA Society, said in a statement. “The passage of House Bill 2459 is an important step in keeping Illinois’ CPAs at the forefront of the national business landscape; protecting the needs of our state’s businesses, not-for-profits, and units of government; and ensuring there’s a pipeline of next-generation accounting talent ready to step up to serve. We thank the legislation’s sponsors, co-sponsors, and other supporters who were instrumental in advancing this important initiative for the accounting profession in our state.”

The ICPAS, one of the largest CPA state associations, originally proposed the legislation. The bill was introduced in March by Reps. Natalie Manley (D-Joliet) and Amy Elik (R-Edwardsville), both of whom are CPAs, and it passed unanimously out of the House in early April. In the Senate, it was supported by chief Senate sponsor Sen. Suzy Glowiak Hilton (D-Oakbrook Terrace) and co-sponsor Chris Balkema (R-Pontiac). It passed unanimously on May 22. 

Illinois is one of more than a dozen states that have already passed changes to licensure requirements as an ongoing effort to address the profession’s talent shortage. Most recently, Minnesota passed a similar bill on May 20.

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