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Tax season nears its end, but uncertainties linger

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The 2024 filing season, which began with a hint of uncertainty, has progressed into one of the smoothest in recent memory — but the uncertainty still exists, fueled by court decisions and pending legislation. 

The legislation was “pending” at the beginning of filing season and is still pending, while court decisions called into question the Corporate Transparency Act, which, although not a tax issue, is front and center for many accountants that deal with small businesses which come under the purview of the act’s beneficial ownership information reporting requirements. 

Accountants are hesitant to become involved with questions regarding BOI reporting; depending on the jurisdiction they may be charged with practicing law without a license, since they are called on to interpret definitions under the act as to beneficial ownership. Despite this, they routinely are expected to interpret the complexities of the Internal Revenue Code and have done so for decades without the benefit of a law degree. Add to this the fact that their professional liability insurance may or may not protect them — again, depending on the jurisdiction in which charges might be brought against them. 

The American Institute of CPAs, in a letter dated April 3, 2024, to Treasury Secretary Janet Yellen and the director of the Treasury’s Financial Crimes Enforcement Network, Andrea Gacki, voiced its concern that small businesses will be caught off guard with the new filing requirement, and failure to file could result in steep civil and criminal penalties.

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“The recent NSBA v. Yellen court case which found the Corporate Transparency Act to be unconstitutional has only compounded confusion, with most entities believing they no longer have a furling requirement,” said the letter.

“Based on these strong concerns,” the letter continued, “we ask that you suspend all enforcement actions until one year after the conclusion of all court cases related to NSBA v. Yellen, and further believe that FinCEN should take no retroactive enforcement for non-compliance during this time. The portal can remain open, and small businesses may voluntarily report BOI, but no small business should be compelled to file nor should any small business face enforcement for failure to comply until after the courts have worked through this complex case.”

Failure to address the situation will lead to “rampant noncompliance” in the small-business sector, according to Roger Harris, president of Padgett Business Services. “And it will not help us catch money launderers or child traffickers.”

Still in limbo

Still pending is the Tax Relief for American Families and Workers Act of 2024, which passed in the House. It contains taxpayer-favorable alterations to the Child Tax Credit and a trio of lapsed business provisions: bonus depreciation, research and experimental expenditures, and the business interest deduction limitation, and is awaiting action in the Senate. The general feeling is that the TRAFWA will be “pending” all the way through the November elections, but will eventually pass in one form or another.

Depending on the client, this could be a pretty significant delay, according to Ryan Losi, executive vice president of Virginia-based CPA firm Piascik. 

“It has caused heartburn for some companies in the tech industry or pharmaceuticals,” he observed. They have to capitalize expenses rather than include them as deductions, which can make the difference between making a profit or paying tax on taxable income that doesn’t exist. It was supposed to pass in February, but Republicans held the bill up because of immigration issues. Now, it looks as though nothing will happen until after the election. So maybe tax season won’t be so smooth because you have to file based on current law, not what you think it will be.”

“Things started to normalize in late February when people recognized that maybe the tax bill would not pass that quickly, and the IRS said not to wait, that they would fix refunds automatically if the bill passed,” he added.

Filing season statistics show that “do-it-yourselfers” were up by 1% over a year ago, as of March 29, but that’s probably not entirely accurate, according to Mark Steber, chief tax officer at Jackson Hewitt. “The IRS is increasingly concerned with ‘ghost preparers,’ those who prepare a return for a fee but don’t sign the return,” he said. 

“The IRS has seen repeat self-prepared returns coming from the same address,” he remarked. “In some cases, the taxpayer doesn’t even know that the person sitting next to them in a tax pro’s office doesn’t even work in the office — they pull out their computer, ask a few questions and agree to meet at a Starbucks around the corner.”

Looking forward

Other than these few issues, the season has been smooth. But it may be the last for a while, according to Steber. “A new 1099-K, the presidential election, expiring Trump provisions all converge, so we may have seen the last of the “normal” seasons for a while,” he said. 

This is an election year and even though tax season is nearly behind us, Congress might make retroactive changes which they may instruct the IRS to implement, or some returns might have to be amended to receive benefits, according to Tom O’Saben, director of tax content & government relations at the National Association of Tax Professionals. “Pay close attention to the news,” he advised. 

April is filing extension time, according to Losi. “Our cutoff is March 25. If they don’t have all their information together by then, they’ll have to extend,” he explained. “We’re in the process of contacting all our clients with large items and will try to get a sense of the taxes they paid in prior years. If the client is in a refund situation, we can file the extension easily and electronically and without needing more information. Or if they have a balance due, we have to decide how much is due. If it’s a large balance due, we have to decide how to pay it. Most have their money tied up in illiquid assets, so they might have to give it a tweak or two.”

Wrapping up

The filing season began with tax professionals thinking they had lost clients to the new IRS Direct File, but they were only waiting in the wings, according to Beanna Whielock, former IRS director of national public liaison, and now executive director of Tax Pro Fellowship.

“Taxpayers hate taxes. Only if they think they are getting a refund, rebate CTC or some other funds do they get in early to file,” she said. “Most have owed, either because they took a second job to make ends meet and were insufficiently withheld or they followed IRS guidance on completing the Form W-4 and were underwithheld. Then the taxpayers who did strange things began to come in. While only energy credits seemed to be a saving grace, they were few and far between because people are hurting in the economy.”

With the end of the season in sight, overall it’s gone pretty well, according to Harris. 

“There have been some minor hiccups here and there, but compared to most recent filing seasons it’s been relatively smooth,” he said. “The problem every year has been late 1099s, and it seems as though there are more corrections this year than in the past. For example, people don’t realize that their financial advisor has invested their money in a limited partnership with an ownership interest in an oil well in Oklahoma. They bring in all their information at the end of March, get their return filed and then show up two weeks later with the additional information. Or they might leave it for the IRS to fix, since the preparer might cost more than the tax that is due. It’s frustrating, because it creates additional work for the preparer and for the IRS.”

Tax season 2024 has mirrored last tax season in that it felt like “business as usual” — essentially what tax season has typically been like, according to Jim Guarino, managing director at Top 100 Firm Baker Newman Noyes. 

“One of the larger surprises was the increase in overall investment income, especially in terms of their interest income and U.S. government interest,” he said. “Interest jumped during 2023 and individuals were the recipients of this increased interest income, but it led to smaller refunds or a balance due on retirement account values at December 31 of the preceding year.”

“Tax professionals at this time of year have come to appreciate one general rule of thumb: Expect the unexpected,” he concluded. “Living by that mantra helps us to navigate and weather the storm that is certain to come every January.”

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AICPA wants bigger safe harbor for CAMT

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The American Institute of CPAs is asking the Treasury Department and the Internal Revenue Service to increase the safe harbor for companies to avoid determining whether the corporate alternative minimum tax would apply to them.

In a comment letter to the Treasury and the IRS on their proposed regulations, the AICPA asked them to increase the $500 million safe harbor for purposes of determining applicable corporation status. The AICPA also requested a simplified methodology that would be available to non-applicable corporations and/or applicable corporations with high effective federal tax rates. The Institute also suggested an irrevocable election to use pretax book income as adjusted applicable financial statement income for CAMT liability purposes.

The Inflation Reduction Act of 2022 created the CAMT, which imposes a 15% minimum tax on the adjusted financial statement income, or AFSI, of large corporations for tax years starting after Dec. 31, 2022. The CAMT generally applies to large corporations with average annual financial statement income exceeding $1 billion. However, the proposed regulations require far smaller companies to determine whether the tax applies to them, and the AICPA pointed out this could be burdensome to them. The IRS and the Treasury released the proposed regulations last September.

“The proposed regulations impose a massive compliance burden on all U.S. taxpayers that do not meet the $500 million AFSI safe harbor while only a small group, approximately 100 of those taxpayers, will pay the CAMT liability,” said Reema Patel, senior manager of AICPA tax advocacy and policy, in a statement Thursday. “The AICPA’s comment letter provides a non-exhaustive list of items in the proposed regulations with a high compliance burden for the taxpayers.”

The AICPA’s comments also discuss other aspects of the proposed regulations, including general concepts and methods and periods, international tax, passthrough, and mergers and acquisitions issues. The latest comments from the AICPA come after previously submitted letters to Congress in 2021 and 2022 asking for immediate guidance on the CAMT rules along with letters submitted to the Treasury and the IRS on interim guidance issued on CAMT in 2023 and 2024. 

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Accounting

CPA Success Index ranks top collegiate accounting programs

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The CPA Success Index was created in 2020 as a more comprehensive metric to evaluate how well collegiate accounting programs prepare students to pass all four sections of the CPA exam within the critical 18-month window. Unlike NASBA’s single-section pass rate, the CPA Success Index estimates students’ likelihood of completing the entire exam based on first-time section pass rates, adjusted for the 18-month timeframe. The CPA Success Index is computed using the number of sections candidates passed on the first attempt in the preceding 12 months, grossing up that value to 18 months using the school’s average first-time pass rate, and then dividing that value by the total number of sections, four.

Over the years, this index has become a trusted benchmark for identifying programs that consistently produce CPA-ready graduates. This updated ranking incorporates data from the 2023 edition of NASBA’s Candidate Performance on the Uniform CPA Examination book, which was released in late 2024. As with previous rankings, our analysis only reviews programs with greater than 20 candidates to ensure enough data points to adequately evaluate program performance. 

Current top 10 CPA Success Index rankings

Based on NASBA’s most recently reported data from 2023, the top 10 accounting programs in the CPA Success Index are:

  1. University of Northern Iowa – Success Index: 1.000 (51 candidates)
  2. Texas A&M University – Success Index: 0.802 (369 candidates)
  3. University of Texas – Austin – Success Index: 0.722 (340 candidates)
  4. University of Virginia – Success Index: 0.718 (71 candidates)
  5. Brigham Young University – Success Index: 0.716 (285 candidates)
  6. Washington and Lee University – Success Index: 0.716 (22 candidates)
  7. University of Wisconsin – Madison – Success Index: 0.688 (187 candidates)
  8. Baylor University – Success Index: 0.686 (240 candidates)
  9. University of Kansas – Success Index: 0.680 (134 candidates)
  10. Georgetown University – Success Index: 0.653 (27 candidates)

Programs with consistent success over time

When comparing the latest rankings to previous reports, several programs stand out for their consistent performance. These four programs appear in the Top 10 in each of our CPA Success Rankings: 

  • Texas A&M University: A recurring top performer, Texas A&M benefits from its five-year integrated Professional Program in Accounting. 
  • University of Texas – Austin: This program has consistently ranked among the top schools, reflecting its robust accounting curriculum and exam preparation. 
  • University of Northern Iowa: Northern Iowa offers a unique and integrated faculty-led and for-credit CPA review program. 
  • University of Kansas: Kansas demonstrates sustained excellence through integrated coursework and focused CPA exam strategies.

The CPA Success Index continues to highlight institutions that not only prepare students academically but also provide the necessary support to ensure they succeed in passing the CPA exam. These institutions serve as examples of how academic structure, focused preparation and student support can bridge the CPA gap and help graduates successfully navigate the CPA exam. The average CPA Success Index for the 529 universities with greater than 20 candidates is .33 (the index is .30 for all schools in the NASBA report). For prospective accounting students and employers, these rankings offer valuable insights into programs that deliver on their promise of CPA readiness. As the accounting profession continues to face workforce shortages, the success of candidates remains essential for addressing the CPA pipeline challenges of the future.

The top 40

To be consistent with NASBA’s annual ranking of the top 40 universities on the single-part pass rate, we list the top 40 schools for CPA success in the table for all programs with greater than 20 candidates and split by program size, medium and large.  

cpa-success-index-table-2024.png

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SALT talks gain steam with Trump’s blessing on tax break

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House Republicans are in talks over raising the cap for state and local tax deductions after winning pledges from President Donald Trump and congressional leaders to include the measure in a must-pass tax bill this year.

New York Republicans are having discussions about how to raise the $10,000 SALT cap so that their constituents can deduct more local income and real estate taxes from federal bills. Lawmakers are hoping to come up with a figure for the deduction cap in the coming weeks — potentially as soon as February, GOP Representative Nicole Malliotakis said. 

“We looked at increasing the deduction, perhaps putting in some income restrictions so it’s not going to billionaires. We talked about possibly the marriage penalty. We talked about if second properties would be allowed for deduction,” Malliotakis said. She said increasing the SALT cap to $20,000 would not be enough.

How to handle SALT will be a key point of negotiations in Congress this year as Republicans write a broader tax bill to extend Trump’s 2017 cuts, which will expire at the end of the year unless lawmakers act. 

Several Republicans representing areas in New York, California and New Jersey — where high incomes, property values and local taxes make an increase in the SALT cap especially lucrative for many residents — have said they’d block the bill if the deduction isn’t adequately addressed. It’s a threat they could make good on, given the GOP’s narrow majority in the House.

The race to negotiate an increase to the SALT cap kicked off earlier this month after several members from those high-tax states met with Trump at his Mar-a-Lago resort. Ways and Means Chairman Jason Smith has also expressed support for including SALT in the bill.

New York Representative Mike Lawler is among the Republicans due to meet with Trump at the White House on Wednesday to discuss issues including SALT. Lawler said Trump has been supportive of ensuring that the question is resolved in any tax bill Republicans write in 2025.

“He is in full agreement with us, which is extremely helpful, obviously, when dealing with some of my colleagues who are reflexively opposed because they think they are subsidizing bad blue-state policies,” Lawler said on Wednesday at a Politico event in Washington.

It was Trump himself who first imposed the cap on SALT during his 2017 legislation, where it helped offset the cost of other tax cuts. But many of the New York and California districts that most benefit from SALT have flipped Republican, putting pressure on the party to reverse course.

Along with SALT and the extension of the 2017 bill, Republicans are also weighing Trump’s campaign tax promises including plans to stop taxing overtime pay, tips and Social Security — proposals which could cause the cost of any tax bill to balloon. House Speaker Mike Johnson said Tuesday he wants to pass the bill by May.

Representative Nick LaLota, a Long Island Republican who has been vocal about raising the cap, said he expects pro-SALT House members to take a proposal for a new SALT cap to the White House, backed with an explanation of “why that number is specifically important.” 

Despite having the blessing of Trump and congressional leaders to address SALT in the tax bill, Republicans are still divided on exactly how high to push the deduction cap, and on other details. Lawler has introduced a bill that would lift the cap to $100,000 for individuals and $200,000 for those filing jointly.

“Any increase is a win for my constituents,” Malliotakis said in an interview. “Any money you can keep in their pockets will be a step in the right direction.” 

Lawler said moderate Republicans are determined to find a fix before agreeing to other aspects of the proposed tax bill. 

“We have unified government for only the fourth time since World War II,” he said. “Republicans have one opportunity to get this right, and it means everybody is going to have to give.”

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