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Tax Strategy: Employee Retention Credit update

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The Internal Revenue Service has announced that, following the moratorium on processing Employee Retention Credit claims after Sept. 14, 2023, it is starting to process claims received prior to that date. The IRS further reported that it had an inventory of 1.4 million ERC claims totaling more than $86 billion and was receiving new claims at a rate of 17,000 per week. The agency is continuing the moratorium on processing new claims out of fear that ending it would result in a flood of additional claims.

Of those ERC claims it has processed, the IRS reports that it approved 28,000 claims worth $2.2 billion and disallowed 14,000 claims worth more than $1 billion. This indicates a denial rate of approximately one out of every three claims. Since the moratorium was initiated, the agency has been digitizing the information in the claims and analyzing the data. This has helped identify the common issues with problem claims. The IRS has issued guidance identifying seven warning signs that an ERC claim may be incorrect.

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The claims analysis undertaken by the IRS has determined that 10 to 20% of the claims are high-risk and will be issued denial letters in the weeks ahead, some of which have already been issued. The IRS determined that 60 to 70% of the claims showed an unacceptable level of risk and will be subject to additional analysis to further evaluate the claims. Only 10 to 20% of the claims were evaluated as being low-risk, and the IRS indicated that it would begin processing those returns, with payments issued this summer, with the oldest claims processed first. 

If the processing of the claims indicates a calculation error, the IRS will adjust the payment to compensate for the calculation error. Initially, all the claims being processed will be from prior to Sept. 14, 2023.

Voluntary disclosure program

The IRS’s voluntary disclosure program for ERC claims ended in May, 2024. It resulted in 2,600 applications involving $1.09 billion. The agency indicated that it might reopen the program at a reduced rate for those taxpayers with previously processed claims who wish to avoid future compliance action by the IRS.

IRS withdrawal program

The continuing IRS withdrawal program initially involved letters to taxpayers for the 2020 tax year. Withdrawal results in the agency treating the ERC claim as though it had never been filed, with no interest or penalties. 

The IRS reported in June 2024, that the withdrawal program had resulted in 4,800 entities withdrawing $531 million in ERC claims. For the initial round of letters, the agency determined that more than 12,000 entities filed over 22,000 claims that were improper and resulted in $572 million in assessments. The letters to address the 2021 tax year will generally involve larger claims.

Enforcement activity

The IRS states that they have thousands of ERC claims currently under audit. As of May 31, 2024, the agency has initiated 450 criminal cases, with potentially fraudulent claims worth nearly $7 billion; 36 investigations had resulted in federal charges; 16 investigations had resulted in convictions; and seven sentencings had resulted in average sentences of 25 months. The service is also conducting investigations of promoters and return preparers for improper activities.

Summary

The processing of ERC claims, while underway at least in part, promises to be a long process given the backlog the IRS is facing. Efforts in Congress to extend the statute of limitations for ERC claims and to shorten the filing deadline for ERC claims has so far been unsuccessful. 

The current filing deadline is April 15, 2025, for the 2021 tax year. The IRS withdrawal program remains available to taxpayers facing denial of their claims. The IRS has also indicated that it might reopen the voluntary disclosure program. Taxpayers who now have doubts about the validity of their ERC claims could also consider filing an amended tax return.

Taxpayers who continue to feel that they have legitimate ERC claims may still have to wait a considerable time until the IRS processes those claims and completes its analysis of those claims where it has identified some risks. The agency has stated that taxpayers need to take no action at this time, and also that no information on the status of processing particular ERC claims will be available on the IRS hotline.

For taxpayers who are concerned about waiting until the IRS is able to process their claim, there may be an ability to somewhat advance the process by filing a claim for refund. Given the high percentage of ERC claims where the IRS has at least tentatively identified some possible problems, taxpayers should be working with trusted tax professionals to make sure that they have the facts and documents assembled to support their position should a denial letter ultimately be issued and the taxpayer wants to appeal or file a refund claim.

The IRS has promulgated an ERC Eligibility Checklist and a list of frequently asked questions on the ERC to further help taxpayers in assessing the merits of their ERC claims.

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XcelLabs launches to help accountants use AI

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Jody Padar, an author and speaker known as “The Radical CPA,” and Katie Tolin, a growth strategist for CPAs, together launched a training and technology platform called XcelLabs.

XcelLabs provides solutions to help accountants use artificial technology fluently and strategically. The Pennsylvania Institute of CPAs and CPA Crossings joined with Padar and Tolin as strategic partners and investors.

“To reinvent the profession, we must start by training the professional who can then transform their firms,” Padar said in a statement. “By equipping people with data and insights that help them see things differently, they can provide better advice to their clients and firm.”

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Jody Padar

The platform includes XcelLabs Academy, a series of educational online courses on the basics of AI, being a better advisor, leadership and practice management; Navi, a proprietary tool that uses AI to help accountants turn unstructured data like emails, phone calls and meetings into insights; and training and consulting services. These offerings are currently in beta testing.

“Accountants know they need to be more advisory, but not everyone can figure out how to do it,” Tolin said in a statement. “Couple that with the fact that AI will be doing a lot of the lower-level work accountants do today, and we need to create that next level advisor now. By showing accountants how to unlock patterns in their actions and turn client conversations into emotionally intelligent advice, we can create the accounting professional of the future.”

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Katie Tolin

“AI is transforming how CPAs work, and XcelLabs is focused on helping the profession evolve with it,” PICPA CEO Jennifer Cryder said in a statement. “At PICPA, we’re proud to support a mission that aligns so closely with ours: empowering firms to use AI not just for efficiency, but to drive growth, value and long-term relevance.”

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Accounting is changing, and the world can’t wait until 2026

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The accountant the world urgently needs has evolved far beyond the traditional role we recognized just a few years ago. 

The transformation of the accounting profession is not merely an anticipated change; it is a pressing reality that is currently shaping business decisions, academic programs and the expected contributions of professionals. Yet, in many areas, accounting education stubbornly clings to outdated, overly technical models that fail to connect with the actual demands of the market. We must confront a critical question: If we continue to train accountants solely to file tax reports, are we truly equipping them for the challenges of today’s world? 

This shift in mindset extends beyond individual countries or educational systems; it is a global movement. The recent announcement of the CIMA/CGMA 2026 syllabus has made it unmistakably clear: merely knowing how to post journal entries is insufficient. Today’s accountants are required to interpret the landscape, anticipate risks and act with strategic awareness. Critical thinking, sustainable finance, technology and human behavior are not just supplementary topics; they are essential components in the education of any professional seeking to remain relevant. 

The CIMA/CGMA proposal for 2026 is not just a curriculum update; it is a powerful manifesto. This new program positions analytical thinking, strategic business partnering and technology application at the core of accounting education. It unequivocally highlights sustainability, aligning with IFRS S1 and S2, and expands the accountant’s responsibilities beyond mere numbers to encompass conscious leadership, environmental impact and corporate governance. 

The current changes in the accounting profession underscore an urgent shift in expectations from both educators and employers. Today, companies of all sizes and industries demand accountants who can do far more than interpret balance sheets. They expect professionals who grasp the deeper context behind the numbers, identify inconsistencies, anticipate potential issues before they escalate into losses, and act decisively as a bridge between data and decision making. 

To meet these expectations, a radical mindset shift is essential. There are firms still operating on autopilot, mindlessly repeating tasks with minimal critical analysis. Likewise, many academic programs continue to treat accounting as purely a technical discipline, disregarding the vital elements of reflection, strategy and behavioral insight. This outdated approach creates a significant mismatch. While the world forges ahead, parts of the accounting profession remain stuck in the past. 

The consequences of this shift are already becoming evident. The demand for compliance, transparency and sustainability now applies not only to large corporations but also to small and mid-sized businesses. Many of these organizations rely on professionals ill-equipped to drive the necessary changes, putting both business performance and the reputation of the profession at risk. 

The positive news is that accountants who are ready to thrive in this new era do not necessarily need additional degrees. What they truly need is a commitment to awareness, a dedication to continuous learning, and the courage to step beyond their comfort zones. The future of accounting is here, and it is firmly rooted in analytical, strategic and human-oriented perspectives. The 2026 curriculum is a clear indication of the changes underway. Those who fail to think critically and holistically will be left behind. 

In contrast, accountants who see the big picture, understand the ripple effects of their decisions, and actively contribute to the financial and ethical health of organizations will undeniably remain indispensable, anywhere in the world.

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Republicans push Musk aside as Trump tax bill barrels forward

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Congressional Republicans are siding with Donald Trump in the messy divorce between the president and Elon Musk, an optimistic sign for eventual passage of a tax cut bill at the root of the two billionaires’ public feud.

Lawmakers are largely taking their cues from Trump and sticking by the $3 trillion bill at the center of the White House’s economic agenda. Musk, the biggest political donor of the 2024 cycle, has threatened to help primary anyone who votes for the legislation, but lawmakers are betting that staying in the president’s good graces is the safer path to political survival.

“The tax bill is not in jeopardy. We are going to deliver on that,” House Speaker Mike Johnson told reporters on Friday.

“I’ll tell you what — do not doubt, don’t second guess and do not challenge the President of the United States Donald Trump,” he added. “He is the leader of the party. He’s the most consequential political figure of our time.”

A fight between Trump and Musk exploded into public view this week. The sparring started with the tech titan calling the president’s tax bill a “disgusting abomination,” but quickly escalated to more personal attacks and Trump threatening to cancel all federal contracts and subsidies to Musk’s companies, such as Tesla Inc. and SpaceX which have benefitted from government ties.

Republicans on Capitol Hill, who had —  until recently — publicly embraced Musk, said they weren’t swayed by the billionaire’s criticism that the bill cost too much. Lawmakers have refuted official estimates of the package, saying that the tax cuts for households, small businesses and politically important groups — including hospitality and hourly workers — will generate enough economic growth to offset the price tag.

“I don’t tell my friend Elon, I don’t argue with him about how to build rockets, and I wish he wouldn’t argue with me about how to craft legislation and pass it,” Johnson told CNBC earlier Friday.

House Budget Committee Chair Jodey Arrington told reporters that House lawmakers are focused on working with the Senate as it revises the bill to make sure the legislation has the political support in both chambers to make it to Trump’s desk for his signature. 

“We move past the drama and we get the substance of what is needed to make the modest improvements that can be made,” he said.

House fiscal hawks said that they hadn’t changed their prior positions on the legislation based on Musk’s statements. They also said they agree with GOP leaders that there will be other chances to make further spending cuts outside the tax bill. 

Representative Tom McClintock, a fiscal conservative, said “the bill will pass because it has to pass,” adding that both Musk and Trump needed to calm down. “They both need to take a nap,” he said.

Even some of the House bill’s most vociferous critics appeared resigned to its passage. Kentucky Representative Thomas Massie, who voted against the House version, predicted that despite Musk’s objections, the Senate will make only small changes.

“The speaker is right about one thing. This barely passed the House. If they muck with it too much in the Senate, it may not pass the House again,” he said.

Trump is pressuring lawmakers to move at breakneck speed to pass the tax-cut bill, demanding they vote on the bill before the July 4 holiday. The president has been quick to blast critics of the bill — including calling Senator Rand Paul “crazy” for objecting to the inclusion of a debt ceiling increase in the package.

As the legislation worked its way through the House last month, Trump took to social media to criticize holdouts and invited undecided members to the White House to compel them to support the package. It passed by one vote.

Senate Majority Leader John Thune — who is planning to unveil his chamber’s version of the bill as soon as next week — said his timeline is unmoved by Musk. 

“We are already pretty far down the trail,” he said.

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