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Tax pros need to double down on IRS due diligence

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The Internal Revenue Service makes paid preparers who submit a return that claims the Earned Income Tax Credit, the American Opportunity Tax Credit and others (and one filing status) perform documented due diligence. Preparers don’t seem to mind, though they do freely acknowledge that the fees for non-compliance can snowball fast.

Are clients as accepting about the added work, time and fees? Not always.

“Clients were a bit annoyed by the extra questions and paperwork,” said Larry Pon, a CPA in Redwood City, California. “These questions are included in the organizer, and all of them need to be reviewed and documented. We’re telling clients the IRS requires tax professionals to perform due diligence.”

1040 tax forms for 2017

Extra due diligence “definitely added a layer of complexity” to last season, said Paul Miller, a CPA and managing partner at Miller & Company in New York. “Not impossible but time-consuming, especially with the documentation and follow-up some clients required. Our team focused on clear communication. We told clients, ‘This isn’t about not trusting you. It’s about protecting both of us.’ When clients understand the ‘why,’ they’re usually more cooperative.”

“We require the clients to sign the 8867 (the due diligence questionnaire),” added Morris Armstrong, an Enrolled Agent and registered investment advisor at Armstrong Financial Strategies in Cheshire, Connecticut.

Armstrong’s firm has added client requirements such as birth certificates of all children, certificates of marriage and divorce, death certificates, and other verification that the child resides with the claimant. 

“In the old days we could say, ‘We’ve known this person for 10 years’ or ‘That is my child,'” Armstrong said. “That does not fly any longer.”

“The IRS has made it clear that due diligence is non-negotiable,” Miller added.

‘Not explicitly defined’

“Due diligence is a concept included in multiple sets of professional standards to which professionals providing tax services are subject. Yet the term ‘due diligence’ is not explicitly defined in these standards,” reads the AICPA & CIMA page for the downloadable “Due Diligence in Tax Services Practice Guide.” 

“I warn fellow tax professionals of the consequences besides just the preparer penalties,” Pon said. “The IRS can exclude the tax professional from the e-filing program, refer them to the Office of Professional Responsibility or even to IRS Criminal Investigation. The IRS can audit all their clients’ tax returns for errors [when] claiming tax breaks.”

Tax preparers can, of course, incur a penalty if they fail to comply with due diligence requirements as prescribed by IRC 6695(g). 

“Anyone who prepares a return for a client is responsible [for understanding] the client’s facts and circumstances,” said Miklos Ringbauer, founder of MiklosCPA in Southern California. “This is where client questionnaires, collecting supporting documentation and following established procedures are vital for all preparers to determine eligibility for credits.”

The credits in question are the EITC, the Child Tax Credit, the Additional Child Tax Credit, the Credit for Other Dependents (the ODC) and the AOTC. Due diligence is also required for head-of-household filing status.

Paid preparers must:

  • Complete Form 8867 and the Computation Worksheet in 1040 instructions; 
  • Have no knowledge or reason to know that the information used for any credit is incorrect; and, 
  • Retain a copy of each Completed Worksheet and supporting records for three years. 
  • Employers of preparers can also be penalized for improper due diligence.

“Ask adequate questions,” the IRS says in part six of the 8867. (Common errors, the service says in Paid Preparer Due Diligence (more than just a check mark on a form), include credits claimed for a child who is not a qualifying child or who does not have a valid Social Security number; claiming the EITC when married; and incorrectly reporting income or expenses, among others.)

Extra steps — which most preparers charge for either by the hour or by the overall complexity of the return — are necessary to explain to the taxpayer that it’s for their own benefit to prove eligibility during an audit, Ringbauer said. 

“Preparing Form 8867 does take additional time and is an added responsibility on the preparer,” Ringbauer said, adding that taking any unallowed credit may result in barring the taxpayer from future ability to claim the credit.

What is defined is the fine for each violation: $635 currently, indexed for inflation each year.

“Steep, especially for smaller firms or solo practitioners who may not have a compliance officer double-checking every return,” Miller said. “But it has gotten people’s attention.”

“If you’re unfortunate to have all four on a return, that’s $2,540 in fines — and a likely audit of your other returns and fines applied,” Armstrong said. “Bear in mind that the return could be 100% correct. It is our recordkeeping that’s being questioned.”

“While the penalty may seem high to some preparers, it is an example as to why many tax professionals should properly charge fees and understand their professional duties and liabilities,” Ringbauer said, adding that his firm has seen incomplete 8867s filled out by prior preparers.

“If the goal is to promote accountability, it’s working,” Miller said. “I think more proactive education from the IRS would go further than penalties alone.”

No IRS mistakes

Earlier this year, Pon got a call from a tax pro who’d gone through a due diligence audit with the IRS.

“The IRS asked to look at 25 of his tax returns,” Pon said. “The agent reviewed those returns and discovered 44 errors of due diligence for 2023 [when the] preparer penalty was $600 per failure: $26,400. I went through each of the tax returns and, unfortunately, was not able to find any mistakes made by the IRS agent.”

Form 8867 was updated last November, “and the instructions are very clear on what needs to be documented,” Pon said. “You have to document the knowledge requirement and the backup that the taxpayer qualified for these tax breaks. This documentation had to be contemporaneous.”

Armstrong set up his software to disallow an e-file if the due diligence questions are not answered. “The questions themselves could be better written, and I think some are double negatives,” he added.

“Taxpayers feel that we are intrusive, and we advise them that it’s required and that we must document the answers,” Armstrong said. “I don’t ask for all documents for repeat clients but keep the documents in a folder called ‘DD,’ which is in the client’s folder.”

The biggest misconception among clients, Miller said, has been that due diligence is optional or “just a checklist. Some people think if they’ve answered the questions verbally, that’s enough. But it’s not just about asking — it’s about documenting responses, keeping records and being able to show the IRS a full paper trail.”

“This is something we have to inform our clients about and increase the fees accordingly,” Pon added.   

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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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