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Walz v. Vance: A tax showdown

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Of the nation’s 45 presidents, 15 were vice presidents prior to ascending to the presidency. Thus there is a one-in-three chance, based on past history, that either J.D. Vance or Tim Walz will one day become president. Each has a record that offers insight into their position on a number of tax issues.

“Sen. Vance, with only a short tenure, has been pretty active the last couple of years,” said Jorge Castro, a member at Miller & Chevalier Chartered, and co-lead of the law firm’s tax policy practice. “He’s been very vocal on a number of economic policy ideas. He is very much in line with Republicans on the Tax Cuts and Jobs Act, and in support of business relief provisions including the R&D fix and the qualified business income deduction, so from that perspective he generally falls in line with spending provisions.”

“On the other side, he’s more open to provisions, such as taxing college endowments,” Castro continued. “He also introduced a bill with [Sen. Ron Wyden] to close a perceived tax loophole, so it’s clear that while on the one hand he supports traditional tax priorities, he’s in the new mold of Republican populist ideas. For example, he supported a bill to stop subsidizing giant mergers, introduced by [Sen. Sheldon Whitehouse]. It’s not easy to put Vance into a particular mold — he’s capable of going outside the traditional Republican line.”

JD Vance on the campaign trail
JD Vance at a Trump campaign event in Georgia on Aug. 3.

Dustin Chambers/Photographer: Dustin Chambers/Bl

“Gov. Walz’s federal policy record stems from being a House member from Minnesota,” according to Castro. “He comes from a purple Republican-leaning rural district, so he’s not a typical progressive urban House member. He has supported traditional Democrat priorities — middle-class tax relief, raising the standard deduction, and making the Child Tax Credit more refundable. Also he supports making clean energy more affordable, and tax relief for military veterans. The fact that he’s from a rural, purple congressional district is indicative of policies he might support going forward.”

Specifically, Castro and his team at Miller & Chevalier’s tax policy practice make the following points in one of the firm’s Tax Flash announcements: “Sen. Vance will tow the line on taxes for President Trump, particularly when it comes to extending or making permanent the Tax Cuts and Jobs Act individual and estate tax relief provisions set to expire at the end of 2025. Vance has co-sponsored bills enacting permanency of particular expiring TCJA provisions, including S. 866, the American Innovation and Jobs Act (retroactively restoring immediate research and development expensing) and S. 1706, the Main Street Certainty Act Section 199A.”

“Extension of any combination of the TCJA provisions — let alone all of them — will be quite expensive, and a number of bills introduced by Vance during his brief tenure in the Senate could potentially be used as funding mechanisms,” according to Castro. 

In addition, the Miller & Chevalier team noted two of Vance’s other legislative efforts:

  • S. 3514, the College Endowment Accountability Act, would increase the excise tax on the net investment income of private university endowments with assets of at least $10 billion in the preceding taxable year from 1.4% to 35%. 
  • With Sen. Sheldon Whitehouse, he introduced S.4011, the Stop Subsidizing Giant Mergers Act, which would treat certain traditional tax-free reorganizations as taxable events if the acquirer and acquired company both have combined annual averages of over $500 million in gross receipts during the three preceding years.
Tim Walz at the 2024 Democratic National Convention
Tim Walz at the Democratic National Convention on Aug. 21.

David Paul Morris/Bloomberg

Gov. Walz’s public views on taxes are expected to conform closely to Vice President Harris’s platform, according to Castro. As a sitting governor and a member of congress, Walz did the following:

  • Signed into law, last year, major reforms that revamped Minnesota’s tax regime, including business tax increases, which reduced the net operating loss deduction from 80% to 70% of taxable net income and reduced the dividend received deduction by 30%. It also captured more foreign income by defining and taxing global intangible low-taxed income, similar to the federal regime put in place by the TCJA. 
  • As a congressman, Walz focused his sponsorship of tax bills largely on clean energy-related matters and on providing tax relief to current and former members of the military. He also introduced the Middle-Class Tax Fairness Act of 2008, which proposed a package of middle-class tax relief, including an increase in the standard deduction and a refundable Child Tax Credit, funded by business-related tax increases.

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Accounting

FASB proposes guidance on accounting for government grants

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The Financial Accounting Standards Board issued a proposed accounting standards update Tuesday to establish authoritative guidance on the accounting for government grants received by business entities. 

U.S. GAAP currently doesn’t provide specific authoritative guidance about the recognition, measurement, and presentation of a grant received by a business entity from a government. Instead, many businesses currently apply the International Financial Reporting Standards Foundation’s International Accounting Standard 20, Accounting for Government Grants and Disclosure of Government Assistance, by analogy, at least in part, to account for government grants.

In 2022 FASB issued an Invitation to Comment, Accounting for Government Grants by Business Entities—Potential Incorporation of IAS 20, Accounting for Government Grants and Disclosure of Government Assistance, into GAAP. In response, most of FASB’s stakeholders supported leveraging the guidance in IAS 20 to develop accounting guidance for government grants in GAAP, believing it would reduce diversity in practice because entities would apply the guidance instead of analogizing to it or other guidance, thus narrowing the variability in accounting for government grants.

Financial Accounting Standards Board offices with new FASB logo sign.jpg
FASB offices

Patrick Dorsman/Financial Accounting Foundation

The proposed ASU would leverage the guidance in IAS 20 with targeted improvements to establish guidance on how to recognize, measure, and present a government grant including (1) a grant related to an asset and (2) a grant related to income. It also would require, consistent with current disclosure requirements, disclosure about the nature of the government grant received, the accounting policies used to account for the grant, and significant terms and conditions of the grant, among others.

FASB is asking for comments on the proposed ASU by March 31, 2025.

“It will not be a cut and paste of IAS 20,” said FASB technical director Jackson Day during a session at Financial Executives International’s Current Financial Reporting Insights conference last week. “First of all, the scope is going to be a little bit different, probably a little bit more narrow. Second of all, the threshold of recognizing a government grant will be based on ‘probable,’ and ‘probable’ as we think of it in U.S. GAAP terms. We’re also going to do some work to make clarifications, etc. There is a little bit different thinking around the government grants for assets. There will be a deferred income approach or a cost accumulation approach that you can pick. And finally, there will be different disclosures because the disclosures will be based on what the board had previously issued, but it does leverage IAS 20. A few other things it does as far as reducing diversity. Most people analogized IAS 20. That was our anecdotal findings. But what does that mean? How exactly do they do that? This will set forth the specifics. It will also eliminate from the population those that were analogizing to ASC 450 or 958, because there were a few of those too. So it will go a long way in reducing diversity. It will also head down a model that will be generally internationally converged, which we still think about. We still collaborate with the staff [of the International Accounting Standards Board]. We don’t have any joint projects, but we still do our best when it makes sense to align on projects.”

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Accounting

In the blogs: Questions for the moment

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Fighting scope creep; QCDs as the year ends; advising ministers; and other highlights from our favorite tax bloggers.

Questions for the moment

  • CLA (https://www.claconnect.com/en/resources?pageNum=0): One major question of the moment: What can nonprofits expect from future federal tax policies?
  • Mauled Again (http://mauledagain.blogspot.com/): Not long ago, about a dozen states would seize property for failure to pay property taxes and, instead of simply taking their share of unpaid taxes, interest, and penalties and returning the excess to the property owner, they would pocket the entire proceeds of the sales. Did high court intervention stem this practice? Not so much.
  • TaxConnex (https://www.taxconnex.com/blog-): What are the best questions to pin down sales tax risk and exposure?
  • Current Federal Tax Developments (https://www.currentfederaltaxdevelopments.com/): In Surk LLC v. Commissioner, the Tax Court was presented with the question of basis computations related to an interest in a partnership. The taxpayer mistakenly deducted losses that exceeded the limitation in IRC Sec. 704(d), raising the question: Should the taxpayer reduce its basis in subsequent years by the amount of those disallowed losses or compute the basis by treating those losses as if they were never deducted?

Creeping

On the table

  • Don’t Mess with Taxes (http://dontmesswithtaxes.typepad.com/): What to remind them, as end-of-year planning looms, about this year’s QCD numbers.
  • Parametric (https://www.parametricportfolio.com/blog): If your clients are using more traditional commingled products for their passive exposures, they may not know how much tax money they’re leaving on the table. A look at possible advantages of a separately managed account. 
  • Turbotax (https://blog.turbotax.intuit.com): Whether they’re talking diversification, gainful hobby or income stream, what to remind them about the tax benefits of investing in real estate.
  • The National Association of Tax Professionals (https://blog.natptax.com/): Q&A from a recent webinar on day cares’ unique income and expense categories.
  • Boyum & Barenscheer (https://www.myboyum.com/blog/): For larger manufacturers, compliance under IRC 263A is essential. And for all manufacturers, effective inventory management goes beyond balancing stock levels. Key factors affecting inventory accounting for large and small manufacturing businesses.
  • U of I Tax School (https://taxschool.illinois.edu/blog/): What to remind them — and yourself — about the taxation of clients who are ministers.
  • Withum (https://www.withum.com/resources/): A look at the recent IRS Memorandum 2024-36010 that denied the application of IRC Sec. 245A to dividends received by a controlled foreign corporation.

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Accounting

PwC funds AI in Accounting Fellowship at Bryant University

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PwC made a $1.5 million investment to Bryant University, in Smithfield, Rhode Island, to fund the launch of the PwC AI in Accounting Fellowship.

The experiential learning program allows undergraduate students to explore AI’s impact in accounting by way of engaging in research with faculty, corporate-sponsored projects and professional development that blends traditional accounting principles with AI-driven tools and platforms. 

The first cohort of PwC AI in Accounting Fellows will be awarded to members of the Bryant Honors Program planning to study accounting. The fellowship funds can be applied to various educational resources, including conference fees, specialized data sheets, software and travel.

PwC sign, branding

Krisztian Bocsi/Bloomberg

“Aligned with our Vision 2030 strategic plan and our commitment to experiential learning and academic excellence, the fellowship also builds upon PwC’s longstanding relationship with Bryant University,” Bryant University president Ross Gittell said in a statement. “This strong partnership supports institutional objectives and includes the annual PwC Accounting Careers Leadership Institute for rising high school seniors, the PwC Endowed Scholarship Fund, the PwC Book Fund, and the PwC Center for Diversity and Inclusion.”

Bob Calabro, a PwC US partner and 1988 Bryant University alumnus and trustee, helped lead the development of the program.

“We are excited to introduce students to the many opportunities available to them in the accounting field and to prepare them to make the most of those opportunities, This program further illustrates the strong relationship between PwC and Bryant University, where so many of our partners and staff began their career journey in accounting” Calabro said in a statement.

“Bryant’s Accounting faculty are excited to work with our PwC AI in Accounting Fellows to help them develop impactful research projects and create important experiential learning opportunities,” professor Daniel Ames, chair of Bryant’s accounting department, said in a statement. “This program provides an invaluable opportunity for students to apply AI concepts to real-world accounting, shaping their educational journey in significant ways.”

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