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Accounting

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.

1040 forms

“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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Lutnick’s tax comments give cruise operators case of deja vu

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Cruise operators may yet avoid paying more U.S. corporate taxes despite threats from U.S. Commerce Secretary Howard Lutnick to close favorable loopholes. 

Lutnick’s comments on Fox News Wednesday that U.S.-based cruise companies should be paying taxes even on ships registered abroad sent shares lower, though analysts indicated the worry may be overblown.

“We would note this is probably the 10th time in the last 15 years we have seen a politician (or other DC bureaucrat) talk about changing the tax structure of the cruise industry,” Stifel Managing Director Steven Wieczynski wrote in a note to clients. “Each time it was presented, it didn’t get very far.”

Industry shares fell sharply Thursday. Royal Caribbean Cruises Ltd. closed 7.6% lower, the largest drop since September 2022. Peers Carnival Corp. and Norwegian Cruise Line Holdings dropped by at least 4.9%.

All three continued slumping Friday, trading lower by around 1% each.

Cruise companies often operate their ships in international waters and can register those vessels in tax haven countries to avoid some U.S. corporate levies. It’s exactly those sorts of practices with which Lutnick has taken issue. 

“You ever see a cruise ship with an American flag on the back?,” Lutnick said during the interview which aired Wednesday evening. “They have flags like Liberia or Panama. None of them pay taxes.”

“This is going to end under Donald Trump and those taxes are going to be paid.” He also called out foreign alcohol producers and the wider cargo shipping industry. 

The vessels are embedded in international laws and treaties governing the wider maritime trades, including cargo shipping. Targeting cruise ships would require significant changes to those rule books to collect dues from the pleasure crafts, analysts noted. The cruise industry represents less than 1% of the global commercial fleet, according to Cruise Lines International Association, an industry trade group.

They also pay significant port fees and could relocate abroad to avoid new additional taxes, according to Wieczynski, who sees the selloff as a buying opportunity. 

“Cruise lines pay substantial taxes and fees in the U.S. — to the tune of nearly $2.5 billion, which represents 65% of the total taxes cruise lines pay worldwide, even though only a very small percentage of operations occur in U.S. waters,” CLIA said in an emailed statement. 

Should increased taxes come to pass, the maximum impact to profits would be 21% on US earnings, Bernstein senior analyst Richard Clarke wrote in a note. That hit wouldn’t be enough to change their product offerings, though it may discourage future investment. Recently, U.S. cruise companies have spent billions beefing up their operations in the U.S. and Caribbean. 

Cruise lines already employ tax mitigation teams that would work to counteract attempts by the U.S. to collect taxes on revenue generated in international waters, wrote Sharon Zackfia, a partner with William Blair.

Royal Caribbean did not respond to requests to comment. Carnival and Norwegian directed Bloomberg News to CLIA’s statement. 

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Accounting

AI in accounting and its growing role

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Artificial intelligence took the business world by storm in 2024. Content creation companies received powerful new AI-powered tools, allowing them to crank out high-quality images with simple prompts. AI also helped cybersecurity companies filter email for phishing attempts. Any company engaging in online meetings received an ever-ready assistant eager to show up, take notes and highlight the most important talking points.

These and countless other AI-driven tools that emerged during the past year are boosting efficiency in virtually every industry by automating the tasks that most often bog down business processes. Essentially, AI takes on the business world’s day-to-day dirty work, delivering with more accuracy and speed than human workers are capable of providing.

For accounting, AI couldn’t have come at a better time. Recent reports show that securing capable accounting staff is becoming more challenging due to a high number of retirees and a low number of new accounting graduates. At the same time, globalization, the rise of the gig economy, the shift to remote work and other recent developments in the business landscape have increased both the volume and complexity of accounting work.

As companies struggle to do more with less, AI offers solutions that promise to reshape the accounting world. However, putting AI to work also forces companies to accept some new risks.

“Bias” has become a huge buzzword in the AI arena, forcing companies to consider how the automation tools they bring in to help with processing data may introduce some questionable or even dangerous ideas. There are also ethical issues associated with next-level AI-powered data processing that have some concerned that achieving AI-assisted business efficiency also means risking consumer privacy.

To make AI worthwhile as an accounting tool, companies must find ways to balance gains in efficiency with the ethical risks it presents. The following explores the growing role AI can play in business accounting while also pointing out some of the downsides that should be carefully considered.

AI upside: Increased accuracy and efficiency

Accounting isn’t accounting if it isn’t accurate. Miskeyed amounts or misplaced decimal points aren’t acceptable, regardless of the company’s size or the business it is doing. When the numbers are wrong, the decision-making that relies on those numbers suffers.

Consequently, manual accounting typically moves slowly to avoid errors. Business leaders have learned to wait on financial reporting prepared by hand. They’ve also learned that because of processing delays, they may not have the numbers they need to take advantage of unexpected opportunities.

AI changes the equation by improving the speed and accuracy of reporting. AI-powered data entry automatically extracts numbers from invoices and other financial statements, eliminating the need for manual entry and the mistakes that can occur when an accountant is distracted, tired or just having an off day. AI can also detect errors or inconsistencies in incoming documents by comparing invoices and other documents to previous records, providing a second set of eyes for accounts as they ensure companies aren’t being overbilled or under-compensated.

When it comes to increasing the pace of accounting, AI’s capabilities are truly astonishing. As Accounting Today has reported, in the past, the type of robotic process automation AI empowers can be used to drive automated processes 745% faster than manual processes. And AI accounting programs never clock out or take a lunch break. They work 24/7, even on bank holidays, to keep the books up to date.

AI accounting gives business leaders accurate financial data in real time, meaning they have relevant and reliable accounting intel when they need it rather than requiring them to wait until the end of the month to have a report on where their cash flow stands. It also has the potential to give a glimpse into the future by drawing upon historical data to drive predictive analytics. AI can look at what has been unfolding in a business and its industry to plot the path forward that makes the most financial sense. It’s not exactly a crystal ball, but it’s as close as most businesses should expect to get.

AI upside: More time for high-level engagement

As AI began to make inroads in the business world, experts warned it would ultimately replace hundreds of millions of jobs. While the consensus seems to be that AI doesn’t have what it takes to replace an accountant, it certainly has the potential to reshape the profession in a positive way.

The manual work typical of conventional accounting is tedious, tiresome and time-consuming. Doing it well eats up much of the energy accountants could otherwise apply to higher-level activities. By using AI automation for those tasks, accountants gain the resources needed for high-level engagement.

Accountants who partner with AI gain the capacity to shift their role from bookkeeper to financial advisor. Rather than focusing all of their energy on preparing reports, they are freed up to interpret the reports. Delegating data entry and other day-to-day tasks to AI allows accountants to become strategic partners with the businesses they serve, whether as in-house employees or external advisors.

Financial forecasting becomes much more doable when AI is in play. Accountants can develop comprehensive financial models that forecast future revenue and expenses. They can also assess investment opportunities, such as determining the viability of mergers and acquisitions, and help with risk management and mitigation.

Tax planning and optimization will also become more manageable once AI automations have been added to the mix. Automating data extraction and categorization streamlines the process of classifying expenses for tax purposes and identifying expenses that are eligible for deductions. AI automation can also be used for tax form completion, adding speed and a higher level of accuracy to a process that very few accountants look forward to completing manually.

AI downside: Higher data security risks

Accountants are well aware of the dangers of data breaches. Allowing financial data to fall into unauthorized hands can lead to financial loss, operational disruption, reputational damage and regulatory consequences. Shifting to AI accounting can potentially increase the risk of data breaches.

Changing to AI accounting often means concentrating financial and other sensitive data and moving it to interconnected networks. Concentrating data creates a target that is more desirable to bad actors. Shifting it to the cloud or other interconnected networks creates a larger attack surface. Both factors create situations in which higher levels of data security are definitely needed.

Addressing the heightened threat of cyberattacks requires a combination of tech tools and human sensibilities. To keep accounting data safe, encryption, multifactor authentication, and regular testing and update protocols should be used. Training should also help accounting teams understand what an attack looks like and how to respond if they sense one is being carried out.

AI downside: Less process customization

Developing the types of platforms that can safely and reliably drive AI automations is not an easy — nor cheap — undertaking. Consequently, many companies choose the economy of “off-the-shelf” platforms. However, opting for a standardized platform could mean closing the door on customized financial workflows a company has developed.

For example, an off-the-shelf platform may not have the option of accommodating the accounting rules of highly specialized industries. It may have a predefined chart of accounts structure that doesn’t fit the structure a company has traditionally used. It also may be limited in the formats that can be used for financial reporting, which could require business leaders to make peace with reports that don’t fit their personal tastes.

To avoid big problems that can surface after shifting to off-the-shelf solutions, companies should make sure to take their time and seek software that can scale with their plans for growth. Like any other technological innovation, AI is a tool meant to support and not supplant a company’s processes. The process of selecting an AI platform to improve accounting efficiency begins with mapping out a company’s unique process and identifying where AI can boost efficiency. If the platform you are considering can’t deliver, keep looking.

AI best practice: Take it slow and learn as you go

The biggest temptation for companies as they begin to embrace AI will likely be doing too much too fast and with too little oversight. Artificial intelligence is a remarkable tech tool, but still in its infancy. Taking advantage of its capabilities also requires managing some risks.

For example, AI has what some experts describe as an “explainability” problem. Developers know what AI can do but don’t always know how it does it. Companies that feel compelled to provide their clients or stakeholders with a solid explanation of the process behind their AI automations may be limited in how they can put AI to work.

Now is the time to begin integrating AI with your company’s accounting efforts, but take it slow and learn as you go. A solid best practice is to explore what is available, experiment with how it can help your business, and expect to make many adjustments before you arrive at an optimal process. Your accounting efforts will serve you best when they combine human and artificial intelligence.

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Accounting

Ascend adds VP of partnerships

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Ascend, a private-equity backed accounting firm, added a vice president of partnerships to its leadership team.

Maureen Churgovich Dillmore will oversee the expansion of Ascend’s growth platform for regional accounting firms into new U.S. markets, effective Feb. 17. She was previously executive director of the Americas at Prime Global. Prior, she was executive director at DFK International/USA.

“I have dedicated a large part of my career to supporting firms that want to remain independent. The dynamics of achieving success in this area are evolving rapidly, and the Ascend model was created so that firm identity would not be at odds with accessing the community and resources needed to prosper. I am genuinely impressed by Ascend’s ability to assist mid-sized firms in making the necessary strides to stay relevant, sustain growth, and provide their staff and clients with top-tier shared services—all while preserving their unique brand and culture,” Churgovich Dillmore said in a statement.

Ascend has added 14 partner firms across 11 states since the company launched in January 2023.

Maureen Churgovich Dillmore

Maureen Churgovich Dillmore

“So much of association work is theoretical, advising member firms on best practices, and you don’t get to see the end game. What excites me about being on the Ascend team is the opportunity to be a force behind the change, to help enact the change and see where and how it comes in,” Churgovich Dillmore added.

“Maureen’s decision to join Ascend is rooted in her desire to serve the profession in a way that maximizes her impact. We are all excited to welcome someone into our Company who has been an advisor and friend to mid-sized CPA firms for over a decade, and it is all the more rewarding when you realize that the community and resources we are bringing to life will allow Maureen to have conversations with firms that she’s never had before. Her curiosity, commitment, and deep care for others are going to stand out in this role,” Nishaad (Nish) Ruparel, president of Ascend, said in a statement.

Ascend is backed by private equity firm Alpine Investors and works with regional accounting firms with between $15 and $50 million in revenue. It ranked No. 59 on Accounting Today‘s 2024 Top 100 Firms list, with $126 million in revenue and over 600 employees. 

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