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Tax Strategy: The IRS and the new Trump administration

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It is not surprising that a new Republican administration in the White House would create issues for the Internal Revenue Service. Past Republican administrations tended to starve the IRS for funds, resulting in a decline in audit activity and customer service. 

The new administration will have a new Treasury secretary and a new IRS commissioner. New executive orders have already had an impact on the IRS. The last Trump administration placed limits on new federal regulations, and the IRS has been active since the November election in promulgating new regulations. The new Treasury Secretary, Scott Bessent, has indicated that his top priority is extension of the expiring provisions of the Tax Cuts and Jobs Act, many of which expire at the end of 2025.

Executive orders

One executive order of the new administration has placed a freeze on almost all federal hiring. For most federal departments, the freeze only lasts long enough for the departments to prepare plans justifying additional hiring. For the IRS, however, not only the Treasury secretary but also Musk’s Department of Government Efficiency are required to approve any resumption in IRS hiring. The agency has been forced to revoke hiring offers to new graduates and others. Legislation has already reduced the $80 billion in funding the IRS received under the Inflation Reduction Act by $40 billion. 

An executive order also directed withdrawal of any U.S. support for the Organization of Economic Development’s Pillar One and Pillar Two initiatives on international taxation to address base erosion and profit-shifting and a minimum corporate tax. The primary concern of the administration is that countries might be able to tax a multinational corporation doing business in the country if it was not paying at least a minimum corporate tax.

The executive order on Schedule F reclassification of federal workers, if upheld in the courts, could expose more IRS employees to termination by removing their protected status as Civil Service employees.

Scott Bessent, founder and CEO of Key Square Group LP and Treasury Secretary nominee, during a Senate Finance Committee confirmation hearing
Scott Bessent during a Senate Finance Committee confirmation hearing

Kent Nishimura/Bloomberg

The Tax Cuts and Jobs Act

Republicans in Congress are still working on how to approach extension of the expiring provisions of the Tax Cuts and Jobs Act. The House is focused on one budget reconciliation bill that would address both border and tax issues, while the Senate would prefer two reconciliation bills, with the tax bill coming later in the year. 

There is also some debate about whether extending existing provisions of the Tax Code requires revenue offsets in the legislation. Some Republicans are concerned about adding too much to the federal deficit, and the Republicans need to hold almost all Republican votes together to pass a budget reconciliation bill with a simple majority in both chambers of Congress. The narrow majorities might also force Congress to raise the $10,000 limit on the state and local tax deduction to gain the support of Republicans from New York and other high tax states. 

There are also a few business provisions in the Tax Cuts and Jobs Act that started phasing down a few years ago: the expensing of bonus depreciation, the limitation on the business interest deduction, and the research and experimentation expense deduction. Efforts to renew those through last year had proposed retroactivity back to the start of the phase-downs. If those are still retroactive in the tax legislation this year, the changes could retroactively impact 2024 tax returns as well as earlier returns.

IRS regulations

As is common at the end of the year, the IRS released a lot of regulations at the end of the 2024, but also in January before President Trump was sworn in. The first Trump administration had placed restrictions on issuing new federal regulations. Some of the regulatory effort may have been a guard against further regulatory restrictions. IRS regulations are somewhat usual in that regard since taxpayers are often hoping for the issuance of new regulations to provide guidance on ambiguous provisions of tax law, while many other federal regulations may be viewed as a burden to business.

Many of the recently promulgated regulations relate to the clean energy provisions of the Inflation Reduction Act. At the end of 2024 and beginning of 2025, final regulations were issued on:

  • The definition of “energy project” for purposes of the Energy Investment Credit; 
  • The Clean Hydrogen Production Credit and Energy Property Election; 
  • The Clean Electricity Production and Clean Electricity Investment Credits; and,
  • The allocation of the low-income community bonus credit for the Code Sec. 48E Clean Energy Investment Credit.

Plus, proposed regulations were issued on the emission rules for the Code Sec. 45Z Clean Fuel Production Credit, and on the Code Sec. 45W Commercial Clean Vehicle Credit. 
The authorization in the Inflation Reduction Act of a study on direct filing of tax returns with the IRS has resulted for 2024 in a Direct File trial program involving 25 states. Republicans seem generally opposed to the Direct File program, although Secretary Bessent has said that it is safe at least for the current filing season.

President Trump has discussed eliminating many of these clean energy credits, especially those related to electric vehicles, although Republicans in some states that benefit from certain of the credits may push for their survival.

Recent regulations in the crypto area include final regulations on digital asset reporting by front-end brokers and final and proposed regulations on digital content and closed transactions. President Trump has also expressed support for the crypto industry, although it is not clear how he views these reporting requirements.

Other recent regulations include:

  • Proposed regulations on the Previously Taxed Earnings Credit and basis adjustments; 
  • Final regulations on retirement of tax-exempt bonds; 
  • Final regulations on supervisory approval of penalties; 
  • Final regulations on partnership basis-shifting transactions as reportable transactions; 
  • Final regulations on certain disregarded payments and dual consolidated losses; 
  • Final regulations on the resolution of federal tax controversies;
  • Proposed regulations implementing catch-up contribution changes; 
  • Proposed regulations on the executive compensation deduction limit; 
  • Proposed regulations on corporate separation, incorporation and reorganization matters; and,
  • Final regulations on micro-captive transactions and transactions of interest.

Other issues

Congressional legislation has authorized the expansion of Form 1099-K reporting by third-party payment providers of transactions more than $600. The IRS has been delaying implementation of this requirement, and, for 2024, is only requiring reporting of transactions involving more than $5,000 ($2,500 in 2025 and $600 in 2026). Some Republicans have proposed restoring the old $20,000-and-200-transactions limit, or at least keeping it from falling to $600.

President Trump has suggested setting up a separate External Revenue Service to deal with tariff issues.

Summary

The generous funding that the IRS has enjoyed for the last few years seems likely to be coming to an end, perhaps along with improvements in customer service, audits and collections, and system upgrades. 

The current tax filing season should be relatively normal; however, the future beyond that is hard to predict. It is likely that significant tax legislation will pass this year; however, with the thin Republican majorities and deficit concerns, the scope of that legislation and possible revenue raisers are also hard to predict. Tariffs may not count as revenue raisers; however, their presence may make some Republicans more comfortable with adding to the deficit in extending Tax Cuts and Jobs Act provisions.

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Accounting

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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