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Tax planning for the unknown

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It’s the time of year that most tax professionals begin reaching out to clients to begin planning for the tax season and tax years ahead — and this year, more than any in recent memory, is a very tough time to plan.

Why is it such a tough time to plan? “Historically, when we talk about tax planning, it involves deferring income or bunching expenses or implementing shifting strategies,” said Annie Schwab, franchise operations manager at Padgett Business Service. “But not this year!”

That’s because two events are looming to cause uncertainty: The Tax Cuts and Jobs Act is set to expire at the end of 2025, and the November elections will usher in a new president and Congress. Either or both may cause major disruptions in tax.

A close up of the capital building with an American flag

There are three possible outcomes of the elections: Republicans take control, Democrats take control, or a divided government. It’s likely that the new president will want to get legislation through as soon as possible, according to Padgett president Roger Harris, so it’s possible that we could see changes sooner rather than later, closer to the expiration of the TCJA at the end of 2025. 

  • Individual tax rates. The TCJA lowered tax rates to 10%, 12%, 22%, 24%, 32%, 35%, and 37%. The top rate, 37%, was lowered from 39.6%. The TCJA rates will expire Dec. 31, 2025, and revert back to the prior rates. The top tax rate beginning Jan. 1, 2026 is currently slated to be 39.6%.
  • Standard deduction. The standard deduction was nearly doubled for all filing statuses ($12,000 for single filers and $24,000 for married filing jointly) by the TCJA. As a result, many taxpayers itemized deductions. Starting in 2026, the standard deduction is slated to be about half of what it is currently.

The act also impacted various Schedule A deductions: 

  • SALT: The state and local tax deduction was capped at $10,000. After 2025, this limitation will expire, allowing greater benefit from deducting taxes during the calendar year, including real estate taxes, state or local income taxes, and personal property taxes.
  • Mortgage interest deduction: The TCJA generally suspended the home equity loan interest deduction. It limited the home mortgage interest deduction to the first $750,000 of deductible interest. Beginning in 2026, this is scheduled to revert to pre-TCJA levels, allowing interest to be deducted from the first $1 million in home mortgage debt and $100,000 in a home equity loan. 
  • Miscellaneous itemized deductions: The TCJA temporarily eliminated these deductions, which will once again be allowed starting Jan. 1, 2026, under the previous rules, to the extent they exceed 2% of the taxpayer’s adjusted gross income. 
  • Child Tax Credit. The CTC was increased from $1,000 to $2,000 per qualifying child. This higher tax credit will revert to pre-TCJA levels in 2026 to $1,000 per qualifying child.
  • Alternative Minimum Tax exemption and phaseout. The TCJA increased exemption amounts, as well as the exemption phaseout threshold, lessening the AMT burden on taxpayers. At sunset, the AMT exemption will revert to pre-TCJA levels. The number of taxpayers subject to AMT is expected to double.

A number of business provisions are also up in the air: 

  • QBI 20% deduction (Section 199A). Owners of passthrough businesses and partnerships and S corporations, as well as sole proprietorships, may currently claim a deduction of up to 20% of qualified business income. Beginning in 2026, the Section 199A QBI deduction will no longer be available. 
  • Bonus depreciation on qualified property.  The TCJA changed the applicable percentage on qualifying property, ranging from 100% for property placed in service after Sept. 27, 2017, and before Jan. 1, 2023, to 0% for property placed in service after Dec. 31, 2026.

In a recent Accounting Today webinar on tax planning, Harris and Schwab also highlighted the complexities of the Clean Vehicle Credit, which must be claimed on Form 8936.

The credit is available to individuals and their businesses. To qualify, they must buy it for their own use, not for resale, and use it primarily in the U.S. In addition, their modified adjusted gross income may not exceed $300,000 for married filing jointly or a surviving spouse, $225,000 for head of household, or $150,000 for all other filers.

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Taxpayers can use modified AGI from the year they take delivery or the year before, whichever is less. If they do not transfer the credit, it is nonrefundable when they file their taxes, so they can’t get back more than they owe in taxes, or apply any excess to future years.

At the time of sale, a seller must give the buyer information about the vehicle’s qualifications, and must also register and report the same information to the IRS. 

The vehicle must be an electric vehicle, plug-in hybrid electric vehicle, or fuel cell vehicle. The manufacturer’s suggested retail price of a pickup truck, van or SUV must be $80,000 or less; for all other passenger vehicles, $55,000 or less. Final assembly must have occurred in North America. For vehicles placed in service on or after April 18, 2023, the vehicle must meet the critical mineral and battery requirement. Visit FuelEconomy.gov to determine credit amount.

Planning for planners

Harris and Schwab also discussed the recently discovered breach of nearly 3 billion Social Security numbers. The IRS and the practitioner communities are asking that tax preparers encourage taxpayers to get an IP PIN, regardless of whether they were part of the breach. At a minimum, they should have the “Security Six” implemented: anti-virus software, firewalls, multi-factor authentication, backup software, drive encryptions, and a virtual private network.

They noted that a WISP — or written information security plan — is required by law. It has been around for several years, and has been added to the PTIN application. The IRS has issued a revised template, 28 pages in length, designed to help tax professionals, particularly those with smaller practices. 

“It is meant to be a living document, not something you put in a drawer,” remarked Schwab.

Tax professionals face a number of real challenges, according to Harris: Fewer people are going into the profession, workers want a great degree of flexibility, compensation packages are complex, and outsourcing is becoming a reality. 

“Practitioners tend to price by the hour or by form,” he added. “There needs to be a movement to price for value, and be the clients’ trusted advisor, not just a tax preparer.”

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Accounting

ADM reviews earnings in latest step to fix accounting issues

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Archer-Daniels-Midland Co. restated previous earnings, after earlier this month identifying new accounting errors, in a key step to regain investor confidence. 

Consolidated results for 2023 and the first two quarters of this year haven’t been impacted by the review, the Chicago-based trader said in a statement. The restatements, which ADM said would be necessary when the accounting errors were announced, corrected figures for transactions within and between ADM’s businesses.

The move by ADM follows an accounting scandal that has since January wiped out billions of dollars in market value and drawn investigations by the Department of Justice and Securities and Exchange Commission. ADM has replaced its chief financial officer, appointed AT&T Inc.’s top lawyer to its board and implemented new controls as part of efforts to restore credibility. 

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An Archer Daniels Midland Co. (ADM) logo hangs on a glass partition in the research analytical lab at the James R Randall Research Center in Decatur, Illinois.

Daniel Acker/Bloomberg

ADM has identified and corrected sales between units that either were previously recorded at prices that didn’t approximate the market, or included transactions that were improperly classified. So-called intersegment sales for 2023 had been previously overestimated by $1.28 billion, according to Monday’s statement. Still, operating profits for each of ADM’s three units remained the same as previously reported. 

Shares of ADM were little changed in after-market trading Monday. The stock has lost 27% this year, which compares with a 9.6% decline for main rival Bunge Global SA. 

The company also released third-quarter earnings that were consistent with a preliminary report released earlier this month. Adjusted earnings missed the average analyst estimate. 

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Accounting

The tax outlook for president-elect Trump and the GOP

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President-elect Donald Trump and his Republican party clarified one aspect of the uncertainty surrounding taxes with a resounding victory in the election.

That means that the many expiring provisions of the Tax Cuts and Jobs Act of 2017 — which Trump signed into law in his first term — are much more likely to remain in force after their potential sunset date at the end of next year. Financial advisors and tax professionals can act without worrying that the rules will shift underneath them to favor much higher income duties.  

However, the result also presents Trump and incoming Senate Majority Leader John Thune of South Dakota and House Speaker Mike Johnson of Louisiana with a series of thorny tax policy questions that have tricky, time-sensitive implications, according to Anna Taylor, the deputy leader, and Jonathan Traub, the leader, of Deloitte Tax’s Tax Policy Group. Once again, industry professionals and their clients will be learning the minutiae of House and Senate procedures. Taylor and Traub spoke on a panel last week, following Trump’s victory and their release of a report detailing the many tax policy questions facing the incoming administration.

READ MORE: Donald Trump will shape these 9 areas of wealth management 

Considering the fact that the objections of former Sen. Bob Corker of Tennessee “slowed down that process for a number of weeks in 2017” before Republicans “landed” on a deficit increase of $1.5 trillion in the legislation, Taylor pointed out how the looming debate on the precise numbers and Senate budget reconciliation rules will affect the writing of any extensions bill.

“They’re going to have to pick their budget number on the front end,” Taylor said. “They’re going to have to pick that number and put it in the budget resolution, and then they’ll kind of back into their policy so that their policies will fit within their budget constraints. And once you get into that process, you can do a lot in the tax base, but there are still limits. I mean, you can’t do anything that affects the Social Security program. So they won’t be able to do the president’s proposal on getting rid of taxes on Social Security benefits.”

Individual House GOP members will exercise their strength in the negotiations as well, and the current limit on the deduction for state and local taxes represents a key bellwether on how the talks are proceeding, Traub noted. 

The president-elect and his Congressional allies will have to find the balance amid the “real tension” between members from New York and California and those from low-tax states such as Florida or Texas who will view any increases to the limit as “too much of a giveaway for the wealthy New Yorkers and Californians,” he said.   

“You will need almost perfect unity — more so in the House than the Senate,” Traub said. “This really gives a lot of power, I think, to any small group of House members who decide that they will lie down on the train tracks to block a bill they don’t like or to enforce the inclusion of a provision that they really want. I think the place we’ll watch the most closely at the get-go is over the SALT cap.”

READ MORE: Republican election sweep emboldens Trump’s tax cut dreams

Estimates of a price tag for extending the expiring provisions begin at $4.6 trillion — without even taking into account the cost of President-elect Trump’s campaign proposals to prohibit taxes on tips and overtime pay and deductions and credits for caregiving and buying American-made cars, Taylor pointed out. In addition, the current debt limit will run out on Jan. 1. 

The Treasury Department could “use their extraordinary measures to get them through a few more months before they actually have to deal with the limit,” she said. 

“But they’re going to have to make a decision,” Taylor continued. “Are they going to try to do the debt limit first, maybe roll it into some sort of appropriations deal early in the year? Or are they going to try to do the debt limit with taxes, and then that’s going to really force them to move really quickly on taxes? So, I don’t know. I don’t know that they have an answer to that yet. I’ll be really interested to see what they say in terms of how they’re going to move that limit, because they’re going to have to do that at some point — rather soon, too.”

Looking further into the future at the end of next year with the deadline on the expiring provisions, Republicans’ trifecta control of the White House and both houses of Congress makes them much more likely to exercise that mandate through a big tax bill rather than a temporary patch to give them a few more months to resolve differences, Traub said.

READ MORE: 26 tips on expiring Tax Cuts and Jobs Act provisions to review before 2026 

Both parties have used reconciliation in the wake of the last two presidential elections. A continuing resolution-style patch on a temporary basis would have been more likely with divided government, he said.

“Had that been what the voters called for last Tuesday, I think that the odds of a short-term extension into 2025 would have been a lot higher,” Traub said. “I don’t think that anybody in the GOP majority right now is thinking about a short-term extension. They are thinking about, ‘We have an unusual ability now to use reconciliation to affect major policy changes.'”

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Accounting

M&A roundup: Aprio and Opsahl Dawson expand

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Aprio, a Top 25 Firm based in Atlanta, is expanding to Southern California by acquiring Kirsch Kohn Bridge, a firm based in Woodland Hills, effective Nov. 1.

The deal will grow Aprio’s geographic footprint while enabling it to expand into new local markets and industries. Financial terms were not disclosed. Aprio ranked No. 25 on Accounting Today’s 2024 list of the Top 100 Firms, with $420.79 million in annual revenue, 210 partners and 1,851 professionals. The deal will add five partners and 31 professionals to Aprio. 

In July, Aprio received a private equity investment from Charlesbank Capital Partners. 

KKB has been operating for six decades offering accounting, tax, and business advisory services to industries including construction, real estate, professional services, retail, and manufacturing. “There is tremendous synergy between Aprio and KKB, which enables us to further elevate our tax, accounting and advisory capabilities and deepen our roots across California,” said Aprio CEO Richard Kopelman in a statement. “Continuing to build out our presence across the West Coast is an important part of our growth strategy and KKB  is the right partner to launch our first location in Southern California. Together, we will bring even more robust insights, perspectives and solutions to our clients to help them propel forward.”

The Woodland Hills office will become Aprio’s third in California, in addition to its locations further north in San Francisco and Walnut Creek. Joe Tarasco of Accountants Advisory served as the advisor to Aprio on the transaction. 

“We are thrilled to become part of Aprio’s vision for the future,” said KKB managing partner Carisa Ferrer in a statement. “Over the past 60 years, KKB has grown from the ground up to suit the unique and complex challenges of our clients. As we move forward with our combined knowledge, we will accelerate our ability to leverage innovative talent, business processes, cutting-edge technologies, and advanced solutions to help our clients with even greater precision and care.”

Aprio has completed over 20 mergers and acquisitions since 2017, adding Ridout Barrett & Co. CPAs & Advisors last December, and before that, Antares Group, Culotta, Scroggins, Hendricks & Gillespie, Aronson, Salver & Cook, Gomerdinger & Associates, Tobin & Collins, Squire + Lemkin, LBA Haynes Strand, Leaf Saltzman, RINA and Tarlow and Co.

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