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Updated 1099-DA includes multiple changes

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The Internal Revenue Service has posted an early draft of the updated Form 1099-DA, the form for brokers to report certain sale and exchange transactions of digital assets that take place beginning in 2025.

Comments about the draft can be left on the forms and publications comments page on IRS.gov.   

Generally, these forms will be sent separately to taxpayers and the IRS in early 2026. 

The new draft 1099-DA, “Digital Asset Proceeds From Broker Transactions,” reflects the final regulations for custodial broker reporting and includes the transitional relief described in Notices 2024-56 and 2024-57 and in Rev. Proc. 2024-28.

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“We know third-party reporting greatly improves compliance with the nation’s tax law,” said IRS Commissioner Danny Werfel, in a statement. “This step will also help us make sure digital assets are not used to hide taxable income, including in high-income categories, while providing taxpayers who play by the rules more information to accurately report their income.” 

Jessalyn Dean, vice president of tax information reporting at Ledgible, a digital asset tax information and accounting platform, noted significant changes in this second draft, including removal of “the ambiguous free form box ‘Explanation if no recipient TIN’ ” and the box to indicate “Broker type.”

“Boxes 7a, 7b, and 8 from the first draft around non-cash proceeds are simplified into a single Box 7,” Dean added, “removing the need to indicate the type of non-cash proceeds received in the sale. Box 8 is repurposed for the broker to indicate that they relied on customer-provided information in preparing the Form 1099-DA, as expected from the final regulations. It is likely that IRS agents during examination would leverage this information in determining if the taxpayer is eligible for penalty relief.”

Among other changes:

  • Boxes 11a and 11b are repurposed for aggregate reporting of qualifying stablecoins and specified non-fungible tokens, as expected from the final regulations. 
  • Box 11c is repurposed for the broker to indicate the amount of gross proceeds related to primary sales of NFTs, as expected from the final regulations. “This is so that the IRS and the taxpayer have a better sense of gross proceeds that are ordinary income from a trade or business rather than sales of capital assets,” Dean said.
  • Certain boxes related to changes in the final regulations are removed, as expected, such as the time of acquisition, time of sale, digital asset address and sale transaction ID.

“Box 5 remains a mystery,” Dean said, “pending the broker instructions to the form.” And “Box 10 unfortunately remains, where the broker has to give a reason why a sale is non-covered for which cost basis is not reported. This goes beyond what is required on Form 1099-B reporting and the three options available are not comprehensive enough.”
“We are still waiting for the publishing of the instructions for the broker which is a critical component for implementation,” Dean said. “These instructions should also provide insights into areas of the final regulations that are ambiguous.”

The IRS posted the new draft of Form 1099-DA to IRS.gov along with the instructions for the recipients of the form. The agency expects to post the draft instructions for filers soon. Once the draft filer instructions have been posted, a notice will be published in the Federal Register to allow for a 30-day comment period. 

“The pressure is now on the IRS to finalize Form 1099-DA and publish the accompanying broker instructions,” Dean said. “Brokers and their software providers need ample time to develop and test their systems to ensure compliance in time for reporting.”

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PwC offering independent assurance on AI systems

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Big Four firm PwC announced it can now provide independent assurance of AI systems so clients can be confident they’ve been designed, deployed and operated responsibly, transparently and, in a growing number of situations, aligned with regulatory expectations.

The firm’s AI assurance services will be performed by teams of AI and machine learning specialists who also have proven expertise in risk management, internal controls, audit and attest services, and external standards. 

“As the first major professional services firm to bring the next evolution of AI assurance services to market — helping to advance the way organizations respond to the demand for transparency and trust in the AI systems they build — we are proud to continue to be profession-leading in a domain that will define the next era of business transformation,” said Jenn Kosar, PwC US’s AI assurance leader. “Assurance for AI builds on our leadership, where we have been early movers in developing methodologies, tools and guidance that help as organizations align their AI practices with core principles, like fairness, transparency, privacy, safety and explainability.”

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Broadly, an AI assurance engagement is intended to help the client gain independent perspective on the integrity, robustness and fairness of their AI systems; assess governance frameworks and control environments; evaluate data sourcing and related management practices to address risks of bias, drift and other common risks; assess the design and effectiveness of their own monitoring and testing procedures; provide users with tested insights to support outcome explainability and interpretability; and receive insights into how company procedures compare to leading practices and emerging standards and regulations. 

Clients might need such services in cases like preparing for new regulatory requirements, managing third-party exposure, upholding corporate values or just having trusted, decision-useful information. Deanna Byrne, PwC US’s assurance leader, noted that as AI increasingly works its way into the global economy, the demand for assurance that these systems can be trusted has only grown. 

“As organizations increasingly adopt AI to drive innovation, transform operations and unlock new sources of value, it is becoming integral to decision-making across industries, and the need for trust has never been greater,” she stated. “With this opportunity comes a parallel demand: stakeholders — including boards, regulators, customers and the public — want confidence that it is effective, fair, accountable and trustworthy. Assurance for AI can help deliver this confidence,” she said. 

While accountants have been examining AI systems to some degree over the past few years, the black box nature of many models has been a challenge. There have been calls recently for audits of AI algorithms themselves, but the more common approach has been observing AI impacts and governance, seen in standards such as ISO 42001 which, rather than looking at the details of specific AI applications, aims to provide a practical way of managing AI-related risks and opportunities across an organization.  

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House SALT deal will have to change, Senate leader says

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Senate Majority Leader John Thune believes the deal that led the House to increase the maximum deduction for state and local taxes to $40,000 will have to be changed in his chamber, according to his office.  

The Senate has begun deliberations over President Donald Trump’s massive “Big Beautiful Bill” that narrowly passed the House on May 22, with several Republican senators expressing concerns over its cost as well as cuts to Medicaid and clean energy tax credits.

Ryan Wrasse, a Thune spokesman, did not provide details about how, exactly, the deal might be revised.   

Republican lawmakers from states like New York and California demanded that the SALT cap be raised well above the $10,000 limit established in Trump’s 2017 tax overhaul. House Speaker Mike Johnson eventually agreed to the new $40,000 cap.  

“It would be very, very hard to get the Senate to vote for what the House did,” Thune told Politico. “We’ve just got some people that feel really strongly on this.”

The tax measure would also extend tax cuts from Trump’s first term that are to expire on Dec. 31, along with new tax relief, including temporarily exempting tips and overtime pay from taxes.

Representative Nick LaLota, a New York Republican, indicated that a reduction in the SALT benefit could jeopardize passage of the bill in the House.

“No SALT. No Deal. For Real,” he posted on X Tuesday night.

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Republican tax bill adds $2.4 trillion to US deficits, CBO says

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The House-passed version of President Donald Trump’s tax and spending bill would add $2.42 trillion to U.S. budget deficits over the next decade, according to a new estimate from the nonpartisan Congressional Budget Office.

The CBO’s calculation, released Wednesday in its so-called scoring of the “One Big Beautiful Bill,” reflects a $3.67 trillion decrease in expected revenues and a $1.25 trillion decline in spending over the decade through 2034, relative to baseline projections.

Prospects for an even more dire U.S. fiscal trajectory threaten to stoke concerns about the bill among GOP fiscal hawks. Trump ally Elon Musk on Tuesday blasted the package as a “massive, outrageous, pork-filled Congressional spending bill is a disgusting abomination.”

House Republicans narrowly passed the bill last month, and it now faces opposition in the Senate, where multiple lawmakers have expressed varying demands for changes. Trump is expected to meet with Senate Finance Committee Republicans Wednesday to discuss the bill.

Trump administration officials have repeatedly dismissed CBO projections as inaccurate, saying they fail to account for the uplift to economic growth that the tax cuts, along with tariff hikes and deregulation, will provide. Treasury Secretary Scott Bessent said last month, “I’m not worried about the U.S. debt dynamics,” because a swelling GDP will ease the burden. He also predicted “north of 3%” growth by this time next year.

Timing for passage

The CBO’s $2.42 trillion deficit-increase estimate doesn’t incorporate any so-called dynamic effects from changes in economic growth or other indicators resulting from the new tax and spending measures.

Bessent has called on lawmakers to pass the bill, which includes an increase in the statutory debt limit, by mid-July. The Treasury has been using special accounting maneuvers to keep within the debt ceiling since the start of the year, and has warned it could exhaust its capacity in August.

Fiscal conservatives have demanded the measure do more for deficit reduction. But other GOP members have demanded that temporary tax cuts in the bill be made permanent — which would further dampen revenues. The CBO score will also be reviewed by the Senate’s rules-keeper who could determine whether provisions comply with the chamber’s requirements.

The bill encompasses much of Trump’s economic agenda. It would make permanent his 2017 income-tax cuts, and provide new benefits promised on the campaign trail — including eliminating taxes on tips and overtime pay through 2028. It also raises the cap on the federal deduction for state and local taxes to $40,000 from $10,000. 

The bill has various federal spending cuts, including to clean-energy credits, and features new work requirements for Medicaid beneficiaries and new guidelines for the Supplemental Nutrition Assistance Program. Some of those cuts also face opposition among Senate Republicans.

Wednesday’s CBO release indicated that measures in the existing bill could leave 10.9 million people without health insurance in 2034. That includes 1.4 million without verified citizenship, nationality or satisfactory immigration status who would no longer be covered in state-only funded programs.

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