As the range of digital goods and services expands every day, the tax issues associated with them have only grown, and one of the most complicated issues that retailers, providers, and tax authorities are facing currently involves digital bundling.
Since the beginnings of sales taxation, retailers have been tasked with collecting the total tax from customers and remitting it to the proper tax authorities, according to Scott Peterson, vice president of U.S. tax policy and government relations for Avalara — a fairly straightforward proposition.
“Over time, retailers began putting different products together to sell as a bundled item,” Peterson said. “For example, at Christmas, grocers put together gift baskets with fruit, cheese, a knife, cutting board, etc. When that was done in a state that exempts groceries (and most states do so) fruit and cheese are exempt, but other items are subject to sales tax. States and retailers have struggled to come to consensus on what should be charged for bundled items.”
“Predominant use” is the phrase typically used in taxation. The state wants to determine the motivation driving purchases to arrive at a relatively uniform direction to determine taxation.
And then came digital products, and with those products, a greater number of things to be bundled together that are treated quite differently from state to state. This started with the telephone industry, and the companies looked to states and Congress to find a rational way to tax, given that some items on the phone bill were exempt from sales tax. And states were all over the board in terms of how they taxed or exempted what was on the telephone bill.
For example, phone companies used to have warranties to cover phone lines in a user’s house in addition to outside the house. After years of this, telephone companies convinced states to support congressional legislation to allow them to use books and records to prove they remitted the right amount of tax to states, regardless of what was listed on a telephone bill. The telephone companies provide a bill to consumers that shows the portion subject to sales tax — but it’s confusing to consumers, since the companies don’t have to itemize the tax on their bill.
The current landscape
Today, states have rules in place specific to digital goods and services, according to Peterson.
“The Multistate Tax Commission has been studying digital goods to figure out if a definition actually represents what’s being sold,” he said. “The MTC has written a research paper on the digital goods industry, and now they are trying to figure out digital goods bundling — whether it’s a bundle of all digital goods, or digital goods bundled with hardware. “
“It’s very complicated because businesses are so creative, constantly trying to find ways of selling goods produced,” Peterson explained. “The marketing department often doesn’t care what the tax department thinks when a product is in development. This is easy if you’re selling shoes, but in selling digital goods, it becomes very complex.”
“Marketing is driving complexity on the tax side, as there are so many things that can be sold together,” he noted. “Many states exempt real-time digital classes, such as webinars for CPE, for example. But if you record that class and make it available on demand, it’s no longer live. States then treat it as taxable — it’s no longer education, it’s something else, and states are working to determine how to characterize that ‘something else.'”
The MTC’s primary concern is that this situation will only get worse as everything goes digital.
“The SST [StreamlinedSalesTax] attempted to put together a bundled transaction rule 20 years ago, but it’s now out of date,” said Peterson, who was previously executive director of the SST Governing Board. “MTC is in the discovery phase now of looking at digital goods bundling and taxation. States should be thinking about the complexity that goes with how to charge tax on a portion of a sales price for a bundle with taxable and exempt items. How does a seller prove to an auditor that they charged tax on the one taxable item in a bundle? The safest practice in selling a bundled package is to itemize each item and only charge sales tax on taxable items.”
“Businesses need to be able to break the bundle apart,” said Peterson. “The fruit and cheese board was an easy exercise in tax and invoicing, but bundled digital goods is a brave new world for businesses and tax authorities. CPAs would recommend having an invoice that is crystal-clear — ‘I’m selling you A,B,C and D. A and D are exempt, so no tax was charged.’ Every day, some retailer creates a new product/service bundle, and it has the potential to reset the taxation conversation. There are no simple answer in this area.”
And things are only getting more complicated: Peterson further referenced a private letter ruling in which the South Carolina Department of Revenue stated that a company’s sales and rentals of digital textbooks purchased for and used in institutions of higher learning as part of a prescribed course of study are exempt, regardless of the format. (Private Letter Ruling #24-3, South Carolina Department of Revenue, March 18, 2024.)
This is only the latest in a series of state developments, including a California case, Bekkerman, that ruled last month on how the state should tax bundled versus unbundled cellphones.
The Internal Revenue Service doesn’t have the authority to independently verify that recipients of Low Income Taxpayer Clinic grants are eligible to receive them, according to a new report.
The report, released Tuesday by the Treasury Inspector General for Tax Administration, found the IRS’s LITC Program Office is restricted by the White House Office of Management and Budget regulations from viewing LITC client information. TIGTA reviewed a sample of grant applications along with interim and year-end review summary reports for 15 out of 130 LITCs from the 2022 grant year and found the Program Office mainly relied on self-certified information from the LITCs. The Program Office is able to administer and monitor the LITC Program, but it lacks the ability to independently validate client information to ensure the terms of the grants are being followed.
The LITC Program is a federal grant program administered through the Taxpayer Advocate Service that provides matching grants up to $100,000 per year to qualifying organizations. The goal of the program is to provide low-income taxpayers who are involved in tax controversies with the IRS with free or nominal cost legal assistance to ensure that they have access to representation and to provide Limited English Proficiency taxpayers with education on their taxpayer rights and responsibilities. For an organization to qualify for an LITC grant, it needs to meet the requirements specified in Section 7526 of the Tax Code. The LITC Program had the authority to grant up to $26 million and $28 million to qualified LITCs in calendar years 2023 and 2024, respectively.
Nevertheless, for the 2023 grant year, over 75% of the LITCs were subject to an independent audit. The auditor has to determine whether the entity has complied with federal statutes, regulations, and the terms and conditions of federal awards, which includes grants. The Treasury Department could subject the LITC Program to more focused oversight by including it in a supplementary audit guide prepared annually. This guide directs the external auditor’s testing to the compliance requirements most likely to cause improper payments, fraud, waste, or abuse, or generate audit findings for which the IRS would impose sanctions. Lastly, we determined that the Program Office’s workflow lacks a consolidated centralized system; therefore, reviews of LITC data are a manual and labor-intensive process, making the process vulnerable to human error.
TIGTA recommended the National Taxpayer Advocate should add an attestation on forms where data about taxpayers whose income exceeds the 250% of the poverty level limitation is reported, affirming accuracy, and acknowledging the penalty for making a false statement. The report also suggested the Taxpayer Advocate Service should work with the Treasury Department to request that LITC grant requirements be included within the Treasury Department’s Compliance Supplement to ensure that grant recipients are abiding by the rules. The Taxpayer Advocate should also develop a centralized system to administer the LITC grant program. The Taxpayer Advocate Service management agreed with all of TITA’s recommendations and stated that they have started to take or plan to take corrective actions.
National Taxpayer Advocate Erin Collin said in response to the report that the Taxpayer Advocate Service has entered into an agreement with the Treasury’s Chief Information Officer to develop a new grants management system for the LITC program office that will “streamline processes by centralizing operations, reducing manual tasks and minimizing reliance on other systems.”
She also noted that the LITC review process for current grantees includes evaluating their history of performance derived from report, site visits and interactions. Application evaluations are not solely based upon applicant-provided information but also includes observations of grantees by staff.
The American Institute of CPAs is asking the Treasury Department and the Internal Revenue Service to increase the safe harbor for companies to avoid determining whether the corporate alternative minimum tax would apply to them.
In a comment letter to the Treasury and the IRS on their proposed regulations, the AICPA asked them to increase the $500 million safe harbor for purposes of determining applicable corporation status. The AICPA also requested a simplified methodology that would be available to non-applicable corporations and/or applicable corporations with high effective federal tax rates. The Institute also suggested an irrevocable election to use pretax book income as adjusted applicable financial statement income for CAMT liability purposes.
The Inflation Reduction Act of 2022 created the CAMT, which imposes a 15% minimum tax on the adjusted financial statement income, or AFSI, of large corporations for tax years starting after Dec. 31, 2022. The CAMT generally applies to large corporations with average annual financial statement income exceeding $1 billion. However, the proposed regulations require far smaller companies to determine whether the tax applies to them, and the AICPA pointed out this could be burdensome to them. The IRS and the Treasury released the proposed regulations last September.
“The proposed regulations impose a massive compliance burden on all U.S. taxpayers that do not meet the $500 million AFSI safe harbor while only a small group, approximately 100 of those taxpayers, will pay the CAMT liability,” said Reema Patel, senior manager of AICPA tax advocacy and policy, in a statement Thursday. “The AICPA’s comment letter provides a non-exhaustive list of items in the proposed regulations with a high compliance burden for the taxpayers.”
The AICPA’s comments also discuss other aspects of the proposed regulations, including general concepts and methods and periods, international tax, passthrough, and mergers and acquisitions issues. The latest comments from the AICPA come after previously submitted letters to Congress in 2021 and 2022 asking for immediate guidance on the CAMT rules along with letters submitted to the Treasury and the IRS on interim guidance issued on CAMT in 2023 and 2024.
The CPA Success Index was created in 2020 as a more comprehensive metric to evaluate how well collegiate accounting programs prepare students to pass all four sections of the CPA exam within the critical 18-month window. Unlike NASBA’s single-section pass rate, the CPA Success Index estimates students’ likelihood of completing the entire exam based on first-time section pass rates, adjusted for the 18-month timeframe. The CPA Success Index is computed using the number of sections candidates passed on the first attempt in the preceding 12 months, grossing up that value to 18 months using the school’s average first-time pass rate, and then dividing that value by the total number of sections, four.
Over the years, this index has become a trusted benchmark for identifying programs that consistently produce CPA-ready graduates. This updated ranking incorporates data from the 2023 edition of NASBA’s Candidate Performance on the Uniform CPA Examination book, which was released in late 2024. As with previous rankings, our analysis only reviews programs with greater than 20 candidates to ensure enough data points to adequately evaluate program performance.
Current top 10 CPA Success Index rankings
Based on NASBA’s most recently reported data from 2023, the top 10 accounting programs in the CPA Success Index are:
University of Northern Iowa – Success Index: 1.000 (51 candidates)
Texas A&M University – Success Index: 0.802 (369 candidates)
University of Texas – Austin – Success Index: 0.722 (340 candidates)
University of Virginia – Success Index: 0.718 (71 candidates)
Brigham Young University – Success Index: 0.716 (285 candidates)
Washington and Lee University – Success Index: 0.716 (22 candidates)
University of Wisconsin – Madison – Success Index: 0.688 (187 candidates)
Baylor University – Success Index: 0.686 (240 candidates)
University of Kansas – Success Index: 0.680 (134 candidates)
Georgetown University – Success Index: 0.653 (27 candidates)
Programs with consistent success over time
When comparing the latest rankings to previous reports, several programs stand out for their consistent performance. These four programs appear in the Top 10 in each of our CPA Success Rankings:
Texas A&M University: A recurring top performer, Texas A&M benefits from its five-year integrated Professional Program in Accounting.
University of Texas – Austin: This program has consistently ranked among the top schools, reflecting its robust accounting curriculum and exam preparation.
University of Northern Iowa: Northern Iowa offers a unique and integrated faculty-led and for-credit CPA review program.
University of Kansas: Kansas demonstrates sustained excellence through integrated coursework and focused CPA exam strategies.
The CPA Success Index continues to highlight institutions that not only prepare students academically but also provide the necessary support to ensure they succeed in passing the CPA exam. These institutions serve as examples of how academic structure, focused preparation and student support can bridge the CPA gap and help graduates successfully navigate the CPA exam. The average CPA Success Index for the 529 universities with greater than 20 candidates is .33 (the index is .30 for all schools in the NASBA report). For prospective accounting students and employers, these rankings offer valuable insights into programs that deliver on their promise of CPA readiness. As the accounting profession continues to face workforce shortages, the success of candidates remains essential for addressing the CPA pipeline challenges of the future.
The top 40
To be consistent with NASBA’s annual ranking of the top 40 universities on the single-part pass rate, we list the top 40 schools for CPA success in the table for all programs with greater than 20 candidates and split by program size, medium and large.