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The SEC should reject the PCAOB’s proposed firm reporting mandates

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High-quality, independent audits are essential to investor protection and companies’ efforts to access capital, and they are not possible without firm and fair regulatory oversight.

At the American Institute of CPAs, the leading member organization for accounting professionals in the United States, we support tough, transparent and focused regulation if it protects the investing public and the benefits outweigh the costs. We have deep concern about the cost of sweeping rules adopted by the Public Company Oversight Accounting Board on audit firm and audit engagement metrics, which — if approved by the Securities and Exchange Commission—would cause many small and midsized audit firms to exit the public company marketplace. 

The PCAOB’s rules would require firms that audit certain categories of public companies to publicly report to the board a range of firm metrics including industry experience, workload, training hours, and partner and management involvement, which are challenging to compile and of limited utility. In addition, these metrics must be reported at the engagement level, too.  

Collectively, this data would be open to misinterpretation without context, costly to implement, and potentially at odds with client confidentiality agreements. The PCAOB hasn’t established the potential efficacy or demand for this kind of information by audit committees (which oversee auditors, financial reporting and internal controls) or other stakeholders, and it has ignored calls for a more targeted approach. 

No one, including the PCAOB, disputes that a mandate for new data collection systems and processes will add significant costs, particularly for smaller firms. Yet audit committees themselves say they are currently getting all or most of the information they need from their auditors.

A potential contraction in the audit marketplace and reduction in the diversity of firms that provide services are serious matters. If a single audit firm serving smaller companies were to exit the market, 10 issuers on average would need to find a replacement auditor, calculations based on publicly available data from Ideagen suggest. Multiply that impact by dozens of firms and it’s clear the shifts could trigger greater challenges and higher costs in meeting necessary audit requirements to access U.S. capital markets.  

The PCAOB has described some mitigating factors that may reduce the burden on smaller firms and the potential impact of firms exiting the marketplace. We find most of them unpersuasive: Delaying the implementation time of the new rules, for example, merely postpones the potential harm. And the presumed reshuffling within the market of public company audit providers that the PCAOB predicts will occur to fill the void doesn’t account for the specialization, resources and scalability required to meet critical audit needs. 

We have other concerns about the PCAOB’s rules, including the board’s decision to use the proposed metrics in its inspection and enforcement programs, increasing the risk of penalties for minor, unintentional errors in reporting. Common sense would dictate some threshold for the severity of offense in reporting errors, but the board declined to impose one. The result: higher risks for firms and, with higher costs, lower rewards. These are troubling and unnecessary signals to send about the auditing profession at a time when the CPA talent pipeline is under pressure.

CPAs play a critical role in our capital markets, and we understand and fully embrace that our auditing duties require strict oversight. But a cardinal test of any new regulation should be: “Do the benefits outweigh the potential consequences?” On this question, the PCAOB’s firm metrics rules fall short, and the Securities and Exchange Commission should either reject them outright or substantially revise them. 

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Accounting

20 states ranked by unemployment insurance taxes in 2025

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Enjoy complimentary access to top ideas and insights — selected by our editors.

The Tax Foundation recently ranked the states with the most and least competitive unemployment insurance taxes in 2025. 

Delaware has the least expensive unemployment insurance taxes, having rate structures with lower minimum and maximum rates and a wage base approximately at the federal level. Delaware also has simpler experience formulas and charging methods, and has not complicated its systems with benefit add-ons and surtaxes. New Jersey has the most expensive unemployment insurance taxes.

Read more about the states with the most and least expensive unemployment insurance taxes in 2025 below. The Tax Foundation determines a score by examining each state’s rate structure and tax base, with 1 being the worst and 10 the best.

In 2020-2024, the rank of Washington, D.C., does not affect the rank of states featured.

Worst states for unemployment insurance taxes

2025
rank
State

2025

score

2024

rank

2023

rank

2022

rank

2021

rank

2020

rank

50 New Jersey

3.66

48

44

42

45

44

49 Hawaii

3.89

50

40

41

32

30

48 Rhode Island

3.91

45

46

47

48

47

47 Massachusetts

3.97

49

47

49

49

49

46 Nevada

4.00

47

48

48

47

48

45 Alaska

4.00

44

50

50

50

50

44 Washington

4.00

46

49

46

44

41

43 Illinois

4.20

43

42

39

43

42

42 Minnesota

4.31

42

45

45

42

43

41 Oregon

4.48

34

43

43

40

45

Best states for unemployment insurance taxes

2025 rank State

2025

score

2024

rank

2023

rank

2022

rank

2021

rank

2020

rank

10 Florida

5.63

9

8

10

5

5

9 Louisiana

5.64

11

14

12

4

4

8 Vermont

5.66

7

15

6

13

13

7 North Carolina

5.69

8

9

7

9

9

6 Oklahoma

5.70

6

5

9

1

1

5 Missouri

5.81

4

3

2

7

10

4 Kansas

5.82

5

11

15

10

11

3 Nebraska

6.01

2

1

1

2

2

2 Arizona

6.04

3

2

3

3

3

1 Delaware

6.12

1

4

11

11

7

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Accounting

Ohio Society of CPAs names Laura Hay next president

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Scott Wiley is stepping down from his role as president and CEO of the Ohio Society of CPAs and is being succeeded by Laura Hay, effective today. 

Hay is the first woman and first CPA to lead the organization in its 100-plus-year history. Her strategic priorities include developing CPA talent to strengthen the pipeline and advocating for protections for the profession.

Hay served as OSCPA’s executive vice president for 11 years and previously as chief operating officer. She was a senior auditor at PricewaterhouseCoopers.

“Laura’s extensive experience and proven leadership within OSCPA make her the ideal choice to lead us into the future,” Rick Fedorovich, executive chairman of BMF CPAs and OSCPA board chair, said in a statement. “Her strategic vision and unwavering commitment to innovation will build on the stability, strength and success Scott has fostered. We are deeply grateful for Scott’s contributions and wish him every success in his next chapter.”

Laura Hay OSCPA

Laura Hay

“Laura is a leader who cares about developing people and building strong teams,’ Wiley said in a statement. “I trust her — and more importantly, Ohio CPAs trust her. With Laura at the helm, OSCPA’s best days are ahead.”

Wiley served as president and CEO for 12 years. 

“I am honored to lead this remarkable organization and deeply inspired by the trust and commitment of our statewide membership,” Hay said in a statement. “With the dedication of our dynamic staff and the vision of our board, I am confident that we can achieve extraordinary things together.”

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Accounting

Key wealth management legal cases to watch in 2025

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This year may not bring as many consequential Supreme Court decisions as the last one for financial advisors, but there are several pending lawsuits with big potential industry implications.

Ongoing uncertainty around the reporting of “beneficial ownership information” under the Corporate Transparency Act, a Supreme Court case testing the power of the IRS to collect pre-bankruptcy tax payments and possible new challenges to the agency’s rules after the demise last year of the so-called Chevron doctrine could each affect advisors and their clients, according to Leila Carney, a member in the Tax Disputes & Tax Litigation Group at the Washington, D.C., office of Caplin & Drysdale. In addition, the Securities and Exchange Commission and FINRA are facing their own legal confrontations over enforcement capabilities.

“What we’ve seen is, 2024 cases have chipped away at agency power, lending momentum to private litigants,” Carney said in an interview last month shortly after the high court heard arguments in the case involving creditors’ ability to claw back tax payments prior to bankruptcy, U.S. v. Miller. “This case will, I think, be a weather balloon to see whether we can expect continued weakening of agencies.”

READ MORE: What the Supreme Court’s eventful term means for financial advisors

In the wake of one of the Supreme Court rulings last year that gave every SEC defendant the right to a jury trial rather than an administrative law judge, the agency is contending with cases scrutinizing its authority to attach “follow-on” industry bans and FINRA’s process for expelling brokerages from its membership

The victories by President-elect Donald Trump and his Republican allies in Congress also likely delivered the knockout blow to the Labor Department’s new retirement advice rule that was already in a stay blocking its implementation during an industry lawsuit. The Trump administration could drop Labor’s appeal of the stay or simply abide by any possible court decisions vacating the new rule.

The path ahead for another new law requiring companies to disclose their ownership to the Treasury Department’s Financial Crimes Enforcement Network looks much more murky. Federal judges have halted the Corporate Transparency Act under multiple lawsuits criticizing the law as overly broad under the Constitution, but the Justice Department has asked the Supreme Court to lift the injunction. For the moment, the law has yet to go into effect.

“The Corporate Transparency Act (CTA) plays a vital role in protecting the U.S. and international financial systems, as well as people across the country, from illicit finance threats like terrorist financing, drug trafficking and money laundering. The CTA levels the playing field for tens of millions of law-abiding small businesses across the United States and makes it harder for bad actors to exploit loopholes in order to gain an unfair advantage,” according to a website maintained by the agency with the latest updates on the status of the law. 

“The government continues to believe — consistent with the orders issued by the U.S. District Courts for the District of Oregon and the Eastern District of Virginia — that the CTA is constitutional and will continue defending the law as necessary,” the agency said.

But the constitutional questions about whether the law extends beyond the federal government’s legally mandated oversight of interstate commerce could one day reach the high court, according to Carney.

“Most Americans are hesitant to share information that they would otherwise expect to keep private, just as a matter of good security practices,” she said. “The constitutional argument is that, because it’s requiring a report of entity formation, it’s not within the scope of regulating business because an entity may be formed and may not be doing any business.”

READ MORE: Lawsuit contests SEC’s ability to slap advisors with industry bans

Another unit of the Treasury, the IRS, is fighting a legal case filed by 3M disputing an agency rule about companies’ allocations of corporate income. The U.S. Court of Appeals for the Eighth Circuit heard arguments in the case this past fall. 

It and another case before the Tax Court filed by Abbott Laboratories represent the next struggles over a substitute framework for the Chevron deference taken away from agency rulemaking as part of last year’s decision in the Loper Bright Enterprises v. Raimondo case, tax lawyers Lauren Ann Ross and Adam Spiegel of Covington & Burling wrote in Bloomberg Law. Each of the cases are seeking to overturn earlier decisions that revolved around the Chevron deference.

“Two lines of inquiry are likely to emerge: First, does the regulation embody a policy choice or factual determination? If so, courts also are likely to defer to the agency’s regulation as long as it reflects reasoned decision-making,” Ross and Spiegel wrote. “Otherwise, if the regulation is interpreting the statute, courts may move to a second question: Does the Treasury have discretionary authority to interpret the statute through regulations? If so, the agency’s interpretation may still be entitled to deference. If not, the court would interpret the statute without deference to the regulation and could hold the regulation invalid.”

In light of Chevron’s demise, Congress could “easily fill the gap with legislation” that addresses the possible level of deference for agency rulemaking, Carney said. The incoming Trump administration may single out certain rules for non-enforcement as well, by “targeting regulations that are likely to be challenged” after the Loper Bright case, she said.

READ MORE: FINRA dealt blow by court in its power to expel brokerages

Trump’s administration and its allies in Congress are likely to pull back IRS enforcement funding that had previously ramped up the agency’s scrutiny of what it described as tax-dodging efforts by the wealthy. However, another area of enforcement called the “economic substance doctrine” that restricts tax benefits for transactions that do not present any legitimate business or economic purpose bears close watching by advisors and tax professionals too, according to Carney. A district court’s decision siding with the IRS in a case brought by a company called Liberty Global put tax attorneys on alert about the impact to basic strategies deployed by clients for savings. The case is currently awaiting a ruling in the 10th Circuit Court of Appeals.

“The IRS has been making it a priority to enforce the economic substance doctrine recently,” she said. “The litigation climate may make that harder.”

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