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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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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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Accounting

Modernizing Internal Controls: Machine Learning and Continuous Monitoring in Auditing

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Internal audit departments and corporate risk managers are modernizing internal control frameworks by shifting from periodic sampling techniques to continuous monitoring and machine learning analytics. As operational data volumes increase across enterprise organizations, automated control testing ensures financial integrity, prevents corporate fraud, and streamlines annual audit engagements.

The Limitation of Periodic Audit Sampling
Historically, internal and external auditors evaluated internal controls by reviewing random samples of financial transactions—often analyzing less than five percent of total ledger entries. In complex enterprise environments, periodic sampling methods carry inherent risks of overlooking localized financial misstatements, unauthorized disbursements, or operational control breakdowns.

In 2026, progressive internal audit functions are utilizing automated continuous monitoring platforms that evaluate one hundred percent of financial transactions in real time. Continuous control auditing systems continuously monitor general ledger entries, procurement approvals, and expense reimbursements across all operating subsidiaries.

AI-Powered Fraud Detection and Anomaly Identification
Machine learning models trained on historical corporate financial data excel at identifying subtle transactional anomalies that indicate potential fraud or operational error. Automated systems instantly flag duplicate invoice payments, unapproved vendor creation, unusual journal entry timing, and unauthorized override of authority thresholds.

When an anomaly is detected, the automated auditing platform generates an instant risk alert, allowing internal audit teams to investigate root causes immediately. Early detection prevents minor operational errors from escalating into material weaknesses in financial reporting.

Streamlining External Audit Preparation
Continuous internal control monitoring delivers significant benefits during annual external financial audits. External audit firms can review continuous audit logs and automated control testing documentation, reducing the time required for manual field testing.

This integrated approach lowers overall audit compliance fees, reduces administrative burdens on corporate accounting staff, and provides senior management and audit committees with real-time visibility into the organization’s overall risk profile.

Core Implementation Guidelines
1. Transition to 100% Data Testing: Replace legacy sampling methods with automated continuous audit monitoring systems.
2. Deploy Anomaly Detection Algorithms: Implement machine learning models to identify unauthorized transactions and operational control overrides.
3. Align Internal and External Audit Workflows: Coordinate continuous control testing protocols with external auditors to optimize annual compliance cycles.

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Accounting

Automated Tax Compliance and Global Regulatory Harmonization in 2026

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Corporate tax accounting departments are navigating an era of unprecedented regulatory complexity as global tax harmonization frameworks take full effect alongside real-time digital tax reporting mandates. Tax directors and accounting teams are adopting cloud-based tax compliance automation tools to manage multi-jurisdictional tax liabilities and satisfy stringent reporting rules across international jurisdictions.

Implementation of Global Minimum Tax Provisions
The implementation of international tax reform agreements—notably the Pillar Two global minimum tax framework—has reshaped multinational corporate tax planning. Multinational enterprises with consolidated revenues exceeding established thresholds must ensure an effective tax rate of at least 15% across every jurisdiction in which they operate.

Accounting teams are implementing specialized tax calculation modules integrated directly into enterprise resource planning (ERP) platforms. These automated tools calculate effective tax rates per country, identify top-up tax liabilities, and generate standardized compliance documentation required by national tax authorities.

Real-Time Digital Invoicing and E-Reporting Mandates
Tax authorities across Europe, Latin America, and Asia-Pacific have enacted mandatory electronic invoicing (e-invoicing) and continuous transaction controls (CTC). Under these systems, corporate transaction data must be submitted electronically to government portals in real time at the point of sale or invoice issuance.

This shift toward continuous digital tax reporting eliminates traditional annual tax audits in favor of ongoing automated compliance monitoring. Accounting departments are upgrading invoicing software to ensure seamless XML data formatting, digital signature authentication, and real-time validation against tax authority databases.

Automation and Data Analytics in Corporate Tax Strategy
To keep pace with dynamic tax legislation, tax departments are transitioning from reactive compliance teams to proactive strategic advisors. Machine learning algorithms analyze corporate transactional data to identify tax credits, research and development (R&D) incentives, and cross-border transfer pricing adjustments.

By automating routine tax return filings and calculations, corporate tax directors can focus on long-term capital structuring, evaluating the tax implications of corporate mergers, and optimizing international supply chain networks.

Strategic Priorities for Tax Executives
1. ERP System Upgrades: Ensure enterprise software is capable of generating real-time, granular tax data required for global minimum tax compliance.
2. E-Invoicing Integration: Implement scalable e-invoicing platforms to satisfy regional continuous transaction control regulations.
3. Strategic Tax Analytics: Utilize predictive tax modeling tools to evaluate structural changes in corporate operations and cross-border trade.

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