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TIGTA faults IRS on data security, cloud security in separate reports

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The Treasury Inspector General for Tax Administration, in two reports, critiqued the IRS on cybersecurity for both its data warehouse and its cloud infrastructure.

Data warehouse security

One report specifically pertained to the IRS’s Compliance Data Warehouse, effectively a massive data warehouse containing multiple years of federal tax information and personally identifiable information consolidated from multiple sources, internal and external to the IRS. The CDW offers a broad range of databases that research analysts may access through a variety of data analytic tools. This includes things like Individual Master File data, Business Master File data, tax return data, taxpayer contact information, conversations between a taxpayer and an IRS agent, and actions that took place on behalf of the IRS. As one might imagine, the IRS considers it very important for this data to remain secure. This is why it is required to record audit trails in the system’s security documentation for indications of inappropriate or unusual activity. However, TIGTA said the tools used to visualize audit trails associated with the Event ID data field, specifically CDW logins, failed to accurately display the login data field, with the result that the available login data were both incomplete and unreliable. For example, TIGTA found that from March 2023 to July 2023, the repository was not displaying any audit trails that contained CDW login information at all.

TIGTA said this can be attributed to two root causes. First is that, within the CDW Platform Audit Worksheets, the coding script used to identify system logins in the CDW logs was referencing an incorrect file name. Upon recognizing the error, IRS alerted the appropriate cybersecurity officials and continued to collaborate to identify and implement a resolution. Second, when the login information search period is greater than 90 days, the search does not return complete and accurate login information. As of April 3, 2024, the exact cause of this error was still unknown; however, cybersecurity officials are continuing to troubleshoot the issue. The IRS reports that restricting the search to 90 days or fewer helps manage performance and response time, given the sheer volume of CDW log data. The IRS plans to add a note to the audit trail repository to advise about the 90-day limitation and noted that multiple searches for 90 days or fewer may be run.

Further, TIGTA said that while actionable events require timely review to determine if additional escalation or notifications are needed, the Compliance and Audit Monitoring team is not reviewing any of them. A management official stated that CDW’s actionable events are not being reviewed because of a miscommunication between the Compliance and Audit Monitoring team and CDW personnel, and that the team began the review of all required actionable audit events in March 2024. Further, TIGTA said the monitoring that is being done is highly inefficient, as the IRS’s audit trail repository does not permit users to export or download multiple auditable or actionable events at the same time. As a result, the team is restricted to reviewing, analyzing and reporting on singular audit events. 

TIGTA did, however, concede that all 1,173 CDW users as of April 2024 completed each of the four mandatory training courses. However, mandatory training requirements for unpaid hires (academic researchers and student volunteers) were not managed via the Integrated Talent Management system. According to management officials from the IRS’s Human Capital Office, this limitation was due to an integration issue within the agency’s human resources system. While TIGTA found that the current manual process for tracking training requirements for unpaid hires is functional, it does not afford any type of verification that the training was actually completed. 

TIGTA recommended that: 1) the IRS’s chief data and analytics officer ensure the agency’s audit trail repository accurately displays and reports all CDW login information; 2) the chief information officer ensure that all required actionable audit events for the CDW are reviewed; 3) the CIO ensure that automated mechanisms are incorporated into the actionable audit event escalation process; 4) the CIO and chief data and analytics officer ensure that identified vulnerabilities are timely remediated; and 5) the chief data and analytics officer ensure that all CDW servers are included in configuration compliance scans. The IRS agreed with all five recommendations. 

Cloud infrastructure security

TIGTA, in another report, faulted the IRS for its cloud security assessment, approval and monitoring process, saying it was not maintaining appropriate separation of duties for certain roles related to cloud systems, and did not follow guidance meant to prevent conflicts of interest, increasing the risk of erroneous and inappropriate actions.

Specifically, inspectors determined that 35 (70%) of the 50 cloud systems reviewed had the same individuals assigned as either the authorizing official or the AO’s designated representative and system owner. The remaining 15 (30%) of the 50 cloud systems reviewed demonstrated appropriate separation of duty with different individuals assigned as the AO or the AO-designated representative and system owner. 

While the National Institute of Standards and Technology guidelines recommend that organizations ensure there are no conflicts of interest when assigning the same individual to multiple risk management roles, there was no IRS policy statement that specifically prevented the roles from being occupied by the same person. After this issue was brought to management’s attention, IRS officials stated they will review the NIST guidance and work to ensure that updates are made as appropriate to have different individuals occupy these roles. 

TIGTA also noted that the IRS was not preparing summary reports for 11 (22%) of 50 cloud systems every month as required. The Cloud Continuous Monitoring Strategic Operating Plan requires cloud  information system security officers to prepare a monthly summary report for each of their assigned systems and provide it to the system’s AO. Further, summary reports for 45 of the 50 cloud systems identified that the reports were missing required information. Also, 31 of the 45 cloud systems reviewed were missing the trackable Plan of Action and Milestones weakness identification number on the summary report. And security documents were missing approvals or were not properly approved within the Department of the Treasury data repository. Specifically, the repository was missing five (10%) of the 50 cloud systems’ Authorization-to-Operate memorandums. Finally, 15 of 50 cloud systems were missing required  Federal Risk and Authorization Management Program Security Threat Analysis Reports. 

TIGTA recommended that the IRS’s chief information officer ensure that: 1) separation of duty controls reflect guidance and require that all cloud systems have a unique System Owner and Authorizing Official; 2) an Authorization-to-Operate memorandum is approved for the system to remain in production; 3) summary reports are timely created; 4) procedures are updated; 5) management approvals are consistent and documented; and 6) the Cloud Security Assessment and Authorization process is completed annually. The IRS agreed with four recommendations and plans to ensure separation of duty controls reflect guidance; the system obtains authorization; that summary reports are timely created; and that management approvals are documented. The IRS disagreed with two recommendations, stating its weakness summary reporting is sufficient without unique identifiers and that cloud security assessments are completed in accordance with existing procedures.

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The clock is ticking for cheap EV leases after Trump’s win

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If the incoming Trump administration eliminates $7,500 federal tax credits for electric vehicles, that would mean the end of popular leases that allow U.S. consumers to sidestep restrictions on which EV models qualify for incentives.

President-elect Donald Trump’s transition team intends to revoke the tax credit for purchasing an EV, Reuters reported last week. Whether and when that could happen remains uncertain. A companion EV-leasing credit in the 2022 Inflation Reduction Act would have to be dealt with separately but is widely seen as vulnerable. So people hoping to acquire an electric car might want to act soon.

“If you’re on the fence, right now is probably going to be one of your better opportunities to buy or lease an EV at a good price, at least for a few years,” said Chris Harto, a senior policy analyst at Consumer Reports. “Some of the cheapest ways to get into an electric vehicle over the past year has been an EV lease.”

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A driver unplugs their vehicle at an Electrify America electric vehicle charging station in Atlanta.

Megan Varner/Bloomberg

In October, leases accounted for 79% of EV sales at dealerships, according to Jessica Caldwell, executive director of insights at automotive research firm Edmunds.com Inc. “When you see the tax credit applied to a three-year lease combined with some of the generous incentives the automakers themselves are offering, the EV deals are pretty compelling,” she said.

This week, for instance, you can drive home a luxury electric BMW i4 for $460 a month, about the same price as leasing a middle-of-the-road gasoline Toyota Camry. Hyundai, meanwhile, is currently offering its sporty electric Ioniq 5 for $199 a month on a two-year lease.

Edmunds’ numbers don’t include automakers such as Tesla and Rivian that sell directly to consumers and that don’t release the percentage of their customers who opt for leases. 

The IRA limits the purchase tax credit to electric vehicles assembled in North America and requires a percentage of battery components and critical minerals to originate there or in countries that have signed a free-trade agreement with the U.S.

But the sticker price can’t exceed $55,000 for a car or $80,000 for an SUV, and only households earning up to $300,000 annually and individuals making up to $150,000 can claim the tax credit. EVs such as the Chevrolet Equinox, Honda Prologue and Volkswagen ID.4 get the green light, but if buyers have their eye on models like the Hyundai Ioniq 5 or a Polestar 2 — which aren’t assembled in North America and don’t meet the battery and critical mineral requirements — they’re out of luck.

Unless they lease. Those restrictions don’t apply to the federal government’s commercial clean vehicle credit program, which allows fleet owners like automakers’ finance arms to claim the tax credit. That lets manufacturers entice customers by passing on the $7,500 savings in the form of lower lease payments.

Caldwell said leasing is also attractive to prospective EV drivers worried about the risk of purchasing a $50,000 car only to have its technology become outdated while still owing payments. “We’ve also seen pretty heavy depreciation for electric vehicles, so if you lease you’re not left holding the bag if the vehicle declines rapidly in value after three years,” she said.

If the lease loophole is closed, “EVs are going to have to sell on their own merit, which we know is always tough when there is a new technology and people still have concerns about battery longevity, range and infrastructure,” said Caldwell.

Congress would need to pass legislation to kill the EV tax credits, according to Romany Webb, deputy director of the Sabin Center for Climate Change Law at Columbia University. But absent Congressional action, she said Trump could order the IRS to revamp its guidance on how they are used.

The agency “could, for example, revise the list of vehicles that are eligible for the tax credits or add new procedures for claiming the credits,” said Webb. “That could make it more practically challenging for people to take advantage of the credits and, generally, introduce a lot of uncertainty and confusion that could make people less willing to purchase or lease EVs.”

Consumers aren’t the only ones who would feel the impact if the credits are tightened or repealed. “These tax credits are for consumers, but they’re also really for automakers so that they can scale up the production of electric vehicles and can remain competitive,” said Harto. “So while repealing the tax credit will hurt consumers, it probably hurts automakers even more.”

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IFRS Foundation offers sustainability risk guide

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The International Financial Reporting Standards Foundation and its International Sustainability Standards Board released a new sustainability guide Tuesday.

The guide can help companies identify and disclose material information about sustainability-related risks and opportunities that could reasonably be expected to affect their cash flows, their access to finance or cost of capital over the short, medium or long term.

Investors and global capital markets are increasingly requesting such information to inform investment decision making. The guide focuses on helping companies understand how the concept of sustainability-related risks and opportunities is described in IFRS S1, the ISSB’s sustainability disclosure standard, including how these can come from a company’s dependencies and impacts. Those dependencies and impacts on resources and relationships can lead to sustainability-related risks and opportunities that could reasonably be expected to affect its prospects.

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The guide discusses how companies applying ISSB standards can benefit from the process they might already follow in making materiality judgments when preparing financial statements, particularly when applying IFRS accounting standards. The IFRS Foundation oversees both the ISSB and the International Accounting Standards Board.

The guide describes the process a company can follow which is closely aligned with the four-step process illustrated in the IASB’s IFRS Practice Statement 2: Making Materiality Judgments. As a result, although the ISSB standards can be used with any generally accepted accounting principles, those companies already applying IFRS accounting standards — in over 140 jurisdictions worldwide — as well as those such as in the U.S. where there is strong alignment with a focus on providing material information to investors, will be particularly well prepared to apply the concept of materiality using ISSB standards.

The guide also discusses some of the considerations a company might make to drive connectivity between sustainability-related financial disclosures and a company’s financial statements. For those looking to meet the information needs of a wider set of stakeholders, it provides considerations for those applying ISSB standards alongside European Sustainability Reporting Standards or Global Reporting Initiative standards.

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Super Micro soars after hiring new auditor in bid to stay listed

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Super Micro Computer Inc. shares jumped as much as 27% after the company hired a new auditor and filed a plan to come into compliance with Nasdaq listing requirements.

The server maker said it submitted a plan to the Nasdaq exchange for filing its 10-K financial disclosure report delayed in August. The company also announced that it appointed BDO USA as its independent auditor, effective immediately. 

“In its compliance plan to Nasdaq, the company indicated that it believes that it will be able to complete its annual report on Form 10-K for the year ended June 30, 2024, and its quarterly report on 10-Q for the fiscal quarter ended Sept. 30, 2024, and become current with its periodic reports within the discretionary period available to the Nasdaq staff to grant,” Super Micro said Monday in a statement. 

Super Micro Computer's headquarters in San Jose, California
The Super Micro Computer Inc. headquarters in San Jose, California.

David Paul Morris/Bloomberg

If Super Micro’s plan is accepted by the exchange, its new deadline for the document will likely be pushed to February. It will be able to stay listed on the Nasdaq until a final decision about its compliance is made. If a plan isn’t approved, the company can appeal the decision.

Super Micro’s previous auditor, Ernst & Young LLP, resigned in October, citing concerns over the company’s transparency and governance. Ernst & Young is one of the Big Four accounting firms, the auditors that vet the books of the world’s largest companies. BDO USA is the sixth-largest auditor by revenue, according to Inside Public Accounting. The firm has only one other S&P 500 company as a client, according to data compiled by Bloomberg. 

Finding an auditor is a “big step for them,” even if it isn’t one of the Big Four firms, Matt Bryson, an analyst at Wedbush, said in an interview. “This is a positive step in terms of putting a plan forth in front of Nasdaq, and, at least from their perspective, hopefully being able to file their financials and put these problems to bed.” 

Having a new auditor and a plan to regain compliance with Nasdaq’s listing rules is the latest update in a tumultuous few months for Super Micro, which had gained favor with investors earlier this year as a potential beneficiary of the demand for artificial intelligence services. The San Jose, California-based company delayed filing its annual 10-K following a damaging report from short seller Hindenburg Research, and last week said it would be late with quarterly reports. 

Super Micro is also facing a U.S. Department of Justice probe. The shares had tumbled more than 80% from a peak in March through Monday’s close.

The company has gone through a delisting and relisting process before. In 2019, the shares were taken off the Nasdaq exchange after Super Micro failed to meet deadlines to file a 10-K and several quarterly reports. The company received approval to rejoin the exchange in 2020, and in the same year paid a $17.5 million penalty to resolve an investigation by the US Securities and Exchange Commission. Super Micro didn’t admit to or deny the regulator’s allegations as part of its settlement. 

Some stock bulls are reiterating their investment case for the one-time Wall Street AI darling. 

“We take the view that regardless of its regulatory woes (now receding in the rear-view mirror), SMCI maintains its leadership in the massive, scalable AI data center market for liquid-cooled server racks,” Lynx Equity Strategy analyst KC Rajkumar said. 

“SMCI has a leadership position in the rapidly expanding liquid-cooled GPU server data center market, a position it is unlikely to give up any time soon,” Rajkumar said.

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