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The liability landscape for tax season

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

Natasa Adzic/stock.adobe.com

While the ebb and flow of risks facing the tax preparer varies from year to year, one factor remains relatively constant: Tax engagements generate the most frequent litigation among professional liability claims — although this litigation isn’t necessarily the most severe. This is due in part to the multiple dates, thresholds and differing rules at play over a wide swath of taxing jurisdictions.

H.R.1, or the One Big Beautiful Bill Act, is the biggest issue and opportunity for CPA firms this year, according to Deb Rood, a CPA and risk control and consulting director for CNA, the endorsed underwriter for the AICPA Professional Liability Insurance Program. “At CNA we’re a little more concerned about the issues than the opportunities,” she remarked.

Some of the most important issues facing preparers during the filing season ahead include the following, according to Rood:

  • Employee Retention Tax Credit claims submitted after Jan. 31, 2024 will be denied. If clients did not get their claims in before then, they may assert that the CPA firm should have told them to submit the claim earlier.
  • Some clients may say they should have been informed earlier with regard to expiring clean energy credits. Clients will assert that if they had known the credits were expiring, they would have bought that electric vehicle sooner or installed solar panels earlier to mitigate this risk. So tax pros and accountants might want to send a newsletter to clients now informing them about impending deadlines.
  • Missed opportunities. For the past several years, R&E expenses were required to be capitalized. Going forward, there are several opportunities to expense R&E more rapidly. In fact, some taxpayers can amend prior-year returns to immediately deduct R&E, or capitalized R&E in the current year. CPAs should inform affected clients of the options for doing so and document this in writing.
  • Similarly, there are many opportunities related to fixed assets that CPAs should inform their clients about. IRC Section 179 on bonus depreciation and other ways to deduct the cost more quickly are available. Accountants and tax pros should talk to clients about these opportunities and document those conversations. Hopefully, this opportunity for the client turns into an opportunity for the CPA.   
  • If a client asks their CPA to help analyze new tax provisions, whether they be related to R&E, fixed assets or anything else, the CPA firm should, of course, obtain a new engagement letter for this expanded service. Providing this advice is a new engagement, separate and apart from preparing the tax return.

Another development for tax pros to bear in mind is the executive order issued by President Trump on May 25, 2025, that required the U.S. government to not issue paper checks after Sept. 30, 2025, and to stop accepting paper checks as soon as practicable. This includes payments to and from the IRS, such as quarterly estimates and annual payments made with tax returns. 
CPA firms should notify clients of this change now, because if they don’t and the client misses a payment or pays late because a paper check is not accepted, the client may blame the CPA and ask the accountant to pay any assessed penalties and interest. 

Some CPAs anticipate taxpayers will ask for help in making payments — logging on to the IRS website, either EFTPS or IRS Direct Pay, entering the client’s bank account and patent details — especially those clients who tend to rely a little too much on the CPA. 

“We believe this is a terrible idea,” Rood warned. “So many things could go wrong and result in a malpractice claim: The client could have insufficient funds and blame the CPA firm for not providing them enough time to ensure the funds were there before the payment was drafted; the CPA firm could input the wrong payment amount, routing number or bank account number; the client may close the account, not inform the CPA firm and then blame the CPA firm for the payment not being timely made; and there will be more personally identifiable information retained by the firm, creating a bigger data security risk.”

While it may be more interesting for CPAs to focus on new tax legislation and executive orders, they can’t ignore the basics, according to Rood: “In 2024, less than 50% of the tax claims asserted against CPAs in the AICPA Professional Liability Insurance Program included an engagement letter,” she said. “Big and small firms alike — they all are missing engagement letters when a tax claim arises.”

A large percentage of tax claims include some debate about the scope of services, she noted, and without an engagement letter, these claims are very difficult to defend.

“Make a goal for the upcoming tax season to get all of those engagement letters,” she suggested. “I recommend leveraging technology to get the letters out, signed and returned. 

“We also have seen an increase in claims related to missed due dates,” she added. “In 2024, 39% of tax claims were for untimely filed or unfiled tax returns.”

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Accounting

AI-Driven Automation and Continuous Accounting Frameworks

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The accounting profession is undergoing a fundamental structural transition as enterprise finance departments shift from periodic month-end closes toward automated continuous accounting models. By integrating specialized machine learning algorithms directly into enterprise resource planning (ERP) platforms, chief accounting officers are transforming financial reporting from a retrospective exercise into a real-time operational asset.

The Shift from Periodic Close to Continuous Financial Reporting
Traditional accounting workflows heavily relied on manual data reconciliation, spreadsheet calculations, and multi-week closing cycles at the end of each fiscal period. In contrast, continuous accounting frameworks utilize automated software agents to process, validate, and post transactional data in real time as business activities occur.

Automated bank reconciliation tools cross-reference incoming bank feeds, invoice records, and purchase orders automatically. By resolving transactional variances instantly throughout the month, corporate accounting teams eliminate the traditional workload spikes associated with quarterly and annual closes.

Machine Learning in Audit Trails and Anomaly Detection
Advanced natural language processing (NLP) and machine learning tools are redefining internal audit and financial control environments. Automated systems analyze 100% of general ledger entries, identifying anomalous transactions, duplicate payments, and unauthorized journal entries in real time.

Rather than relying on random statistical sampling, corporate internal auditors can focus their attention on high-risk flags automatically surfaced by algorithmic monitoring platforms. This continuous risk assessment strengthens internal controls over financial reporting (ICFR) and significantly reduces fraud risk.

Evolving Roles for Accounting Professionals
As routine data entry and manual reconciliation tasks become fully automated, the skill set required for accounting professionals is shifting toward data analysis, system design, and strategic business advisory.
– Systems Governance: Accountants are increasingly responsible for monitoring algorithmic accuracy and managing data integration pipelines.
– Business Partnership: Finance professionals leverage real-time financial dashboards to advise operational leaders on margin management and working capital allocation.
– Regulatory Compliance Management: Accounting teams utilize automated platforms to ensure compliance with dynamic tax codes and international accounting standards.

Core Implementation Recommendations
1. Deploy Automated Reconciliation Tools: Integrate continuous transaction processing modules into existing enterprise ERP architectures.
2. Establish Algorithmic Governance Controls: Implement strict internal testing protocols to ensure automated accounting rules comply with GAAP/IFRS standards.
3. Reskill Accounting Teams: Invest in training finance staff on data analytics, workflow automation, and predictive financial modeling.

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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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