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Taxpayer Advocate criticizes IRS move to shorten third-party notice requirements

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National Taxpayer Advocate Erin Collins is objecting to proposed regulations that would enable the Internal Revenue Service to shorten its third-party notice requirements to as little as 10 days, saying they would unfairly erode the taxpayer notice requirements.

In a blog post Thursday, Collins called attention to a notice of proposed rulemaking that would make exceptions to the 45-day notice requirement in the Taxpayer Protection Act of 2019 and the IRS Restructuring and Reform Act of 1998. The 1998 law included provisions giving taxpayers more protections in circumstances when the IRS intends to contact someone other than the taxpayer (a third party such as a tax preparer) to get information that will help the IRS assess or collect taxes. Prior to contacting a third party, the IRS had to provide taxpayers with “reasonable notice” of the contact.

In 2019, the Taxpayer First Act strengthened 1998 law’s taxpayer third-party contact protections, substituting the “reasonable notice” requirement for a 45-day notice requirement before contacting a third party. Collins noted there are three statutory exceptions to this 45-day notice requirement:

  • When the taxpayer authorizes the contact;
  • If the IRS determines for good cause a notice would jeopardize tax collection or may involve reprisal against any person; or,
  • If the contact is made with respect to any pending criminal investigation.

However, the proposed regulations that the IRS posted this spring would implement exceptions to the 45-day notice requirement, allowing the IRS to shorten the statutory 45-day notification period to 10 days when there’s a year or less remaining on the statute of limitations for collection and certain other circumstances exist. That includes when the case involves an issue where the IRS would have the burden of proof in a court proceeding, and the IRS has requested but the taxpayer has refused to extend the statute of limitations by agreement. Or, the 45-day notice requirement could be reduced to 10 days if there’s a year or less remaining on the statute of limitations and the IRS intends to ask the Justice Department file suit to reduce assessments to a judgment or to foreclose a federal tax lien.
Those exceptions could unfairly punish taxpayers for the IRS’s own delays, according to Collins. 

“The IRS typically has three years to assess additional tax and ten years to collect unpaid tax,” she wrote. “The Taxpayer Bill of Rights includes the taxpayer’s right to finality — meaning, the right to know the maximum amount of time the IRS has to audit a particular tax year or to collect a tax debt. The statute of limitations is an important component of the right to finality because it sets forth clear and certain boundaries for the IRS to act to assess or collect taxes.”

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National Taxpayer Advocate Erin Collins speaking at the AICPA & CIMA National Tax and Sophisticated Tax Conference in Washington, D.C.

She believes the IRS could find itself trying to assess or collect taxes within one year of the statute of limitations for a number of reasons that have nothing to do with the actions or events controllable by the taxpayer. Collins called on the IRS to reconsider the proposed regulations and said Congress should consider enacting additional taxpayer protections for third-party contacts.

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Accounting

Springline Advisory partners with EFPR Advisory

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Springline Advisory, a private equity-backed financial and business advisory firm, has partnered with EFPR Advisory, an accounting and business consulting firm based in Rochester, New York.

With this partnership, Springline expands its geographic footprint into the Northeast and strengthens its international tax, business valuation, litigation support, forensic accounting, financial audit and tax compliance services. This grows Springline’s firm to more than 500 colleagues across the U.S., and EFPR will be represented on Springline’s Advisory Council.

“This partnership represents an opportunity to enhance our operational capabilities while honoring our core values,” Jim Marasco, EFPR’s managing partner, said in a statement. “By joining forces with Springline, we’re gaining access to advanced tools and resources that will drive innovation in both our client services and internal processes. This powerful combination allows us to expand our market reach and service offerings while maintaining our commitment to our team’s growth and work-life balance.”

EFPR Advisory
EFPR Advisory team

EFPR Advisory

Springline was created by private equity firm Trinity Hunt Partners in Dallas in January 2024. Its first investment was in MarksNelson, a Kansas-based firm. Springline added BGBC Advisory in Indianapolis in February 2024. It added two more firms in December: Dallas-based HM&M Advisory and Redmond, Washington-based Clark, Raymond & Co. Earlier this year it partnered with Fiske Advisory, based in South Florida.

EFPR is an Accounting Today Regional Leader for the Mid-Atlantic region. It reported $36 million in revenue in 2024, with 29 partners, nearly 200 employees and four offices across Rochester, Buffalo and Corning, New York, and in Jupiter, Florida. Through an alternative practice structure, the firm offers tax planning, audit and compliance, forensic accounting, business valuation and M&A support services. 

“EFPR’s addition to Springline represents a strong alignment of culture and strategic vision,” Tim Brackney, CEO of Springline Advisory, said in a statement. “Their robust market presence, combined with their complementary service capabilities, creates significant cross-selling opportunities across our expanding geographic footprint. EFPR’s dedication to client care and service excellence alongside their enviable culture that puts people first, aligns perfectly with our mission to become the premier accounting and advisory firm serving the middle market.”

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Accounting

A tax season liability risk alert

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With busy season upon us, it is vital for practitioners to take note that this is the time that accountants are most likely to make errors that can lead to lawsuits. 

Given the time constraints, deadlines, and pressure of dealing with unfamiliar situations and new laws and regulations, it’s no wonder that tax pros make mistakes. Liability professionals confirm this with the observation that tax services are the most frequent cause of liability lawsuits against accountants, although not the most severe. 

One factor involved in liability claims against accountants is “scope creep,” according to Stan Sterna, vice president and risk control leader at Aon, the program manager for the AICPA professional liability program. 

Tax day concept. The USA tax due date marked on the calendar.

Natasa Adzic/stock.adobe.com

For example, a tax engagement might result in failure to detect a defalcation: “The claimant alleges that the accountant agreed to look at internal controls, or that was the expectation,” he explained. “Whenever a client expects the accountant to provide advice that is beyond the scope of a tax preparation engagement, that results in scope creep.”

Scope creep can result from a casual conversation, or simply a misunderstanding at the time of the engagement. And the best way to guard against it is through the use of engagement letters — which has, unfortunately, always been historically low, according to Sterna. 

“It’s the first line of defense of a professional liability claim,” he said. “But tax practitioners find various reasons not to use them — too many clients, clients will take it as a CYA measure, it’s a low-risk engagement, or ‘We’re friends and they would never sue me.'” 

The engagement letter allows the accountant to define what is and what is not within the scope of the tax services the accountant is to provide, and aligns expectations. 

“It should be signed by the client and reissued every year so you can regularly review services and client needs,” Sterna said. “If additional services are required, draft a separate engagement letter or amend the original to define the scope of and fees for these ancillary services.”

“Advise your client that they need to sign the letter before you can commence your tax services,” he advised. “That affords both you and your client the opportunity to ask questions about the nature of the services and clarify any confusion before starting any work.”

And if the accountant feels reticent about requesting an engagement letter for their tax services, “Simply tell them that it’s required by your insurance company,” advise liability professionals. 

Hitting the deadlines

If your client misses a due date, any role you played as tax preparer will be front and center in a claim, Sterna noted. “The number of professional liability claims involving missed due dates has been rising,” he noted. “While civil enforcement funding has been scaled back, the IRS has increased staffing and enhanced its technology in recent years, ramping up enforcement and portending fewer penalty abatements.”

He advises practitioners to deploy a reliable form of docket system that tracks and alerts to due dates, respond-by dates, and project status. 

“While many practitioners already deploy some version of a docket system ranging from the humble spreadsheet to the full-bodied practice management software that lists forms and due dates, things still slip through the cracks, particularly during busy season,” he said. “This is compounded by the myriad of statutory dates beyond annual, periodic tax compliance such as estate tax returns, income tax returns for estates, amended returns, and legislatively created deadlines. Your docket system’s reliability is only as good as your interaction with it, so be diligent in inputting accurate and timely information.”

It’s also important to be careful who you share client data with, Sterna warned.

“Remember that Section 7216 requires client consent before disclosing to a third party any information furnished in connection with the preparation of a tax return,” he explained. “Section 7216’s consent requirements are more robust, and very specific language is required if tax information, particularly for individual tax clients, is disclosed to parties offshore. Violating Section 7216 can result in criminal penalties.”

Sterna noted that the AICPA provides guidance on Section 7216, including a sample consent form available for download. “Remember, tax practitioners who are AICPA members or are CPAs in states where the AICPA Code applies to them must also comply with the AICPA Statements on Standards for Tax Services Section 1.3, Data Protection, which states that a CPA should make reasonable efforts to safeguard taxpayer data, including data transmitted or stored electronically.”

He emphasized that data and personal information from your client is highly sensitive and losing that information could expose you not only to monetary damages but regulatory action and reputational harm. 

Cyber criminals, he noted, are opportunistic and exploit times when your guard is down, such as during busy season. To mitigate risk, he strongly advised using an updated antivirus software, and a multifactor authentication system to access your network. He also recommended encrypted email communications, and limiting access to client information to only those individuals with a clear need to access the data.

Lastly, as tax professionals work their way through busy season, they should be aware of any 2024 tax changes impacting 2025 filings, noted Sterna. 

“Future extension of the TCJA, while not necessarily a busy season risk issue, is something that might need to be considered later this year,” he said.

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Accounting

Has accounting lost its way?

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Recently, I found myself reflecting on the state of our profession while reading about today’s most pressing issues — private equity, capital needs, workforce shortages, the 150-hour requirement, growth strategies, and other industry concerns. 

It brought to mind an article I co-authored with Jay Nisberg over a decade ago titled “Metric of Greatness” in The Journal of Accountancy. Back then, greatness in our field was largely equated to size: Top 100, Best of the Best, Top 500, Fastest Growing. But it begs the question, does size alone define a firm’s greatness? 

Accounting is not just an industry; it is a profession. By definition, a profession is “a principal calling requiring specialized knowledge and commitment.” Personally,  after almost 50 years in the field, I’ve come to truly embrace my professional role as a “Trusted Advisor.” This calling transcends mere technical expertise — it’s about serving as a steadfast, trustworthy confidant and guide. Though I haven’t directly served clients in two decades, many still call, finding valuing our relationship and seeking my advice. 

So, what does true greatness in our profession look like? In today’s landscape, it seems that those who sell out to the highest bidder are in the lead. My own firm sold 10 years ago for a lucrative offer, and a majority decision I candidly voted against. Reflecting now, I wonder whether we made a strategic error or simply gave in to market pressures. Perhaps this is an opportune time to reassess our purpose as a profession. 

At our proprietary conference MPB | Leadership Accelerated (Managing Partner Bootcamp), we dedicate significant time to client service and discuss the core expectations that clients have of our profession and us as professionals. To me, a truly great firm places client service at its core and is committed to fostering a first-class client experience. Great firms also grow their people, creating learning environments that foster exceptional talent. This is not just a “nice to have” but a necessity, given that more than 70% of our workforce comprises millennials and Gen Xers who prioritize professional development. Investing in people and technology is equally critical for long-term success. Without these investments, a firm may meet short-term profitability targets but risk stalling its future growth and relevance. 

Talent acquisition should be based on availability, not just current need. I’ve learned over the years that having the right people in place is often the solution to nearly every challenge. Additionally, great firms plan strategically for the future, despite the unpredictability of change. Without a forward-looking strategy, firms risk losing control of their own destinies. 

Moreover, great firms play a vital role in their communities, often serving as pillars of charitable engagement. However, I’ve observed that after acquisition, many firms abandon their community involvement, as larger firms tend to reallocate these resources.  

Finally, great firms cultivate strong leadership, nurturing current leaders and preparing the next generation. Leadership has never been more essential in navigating the fast-paced changes and complexities facing our profession. Our leaders must be able to communicate effectively, think creatively, and adapt quickly. 

Yes, our profession is evolving and consolidating rapidly. But amid this change, let’s not forget who we are and why we do what we do. Let’s redefine greatness — not solely by size, but by the depth of our commitment to clients, employees, communities, and the future of our profession. 

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