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What does IRS flux mean for financial advisors

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Financial advisors, tax professionals and their clients are facing an IRS that is moving in a polar opposite direction from the agency that was bulking up on enforcement only a few months ago.

In the first few months of President Donald Trump’s second term, Treasury Secretary Scott Bessent and Elon Musk’s Department of Government Efficiency have presided over a halting series of mass staff layoffs that could eventually reach as many as tens of thousands of employees and the abandonment of a crackdown on wealthy tax dodgers under President Joe Biden’s team. Court cases may block some of the actions, but they’re already having an impact.

The budget- and staff-cutting efforts thus far certainly amount to “a shock to the system” of a size unmatched over the career of Niles Elber, a member in Caplin & Drysdale’s Washington, D.C.-based office who has represented clients in tax matters for 26 years, he said. Despite as yet unknown answers to questions about the extent of cuts and availability of taxpayer information to outside parties, a “conservative and cautious tax advisor” should counsel clients to “strive to meet their tax compliance obligations,” Elber said in an interview. 

“You don’t want the system turning on you, if, for some reason, you thought you could get away with it,” he said. “Now is not the time to be lax in your tax compliance efforts.”

READ MORE: Wealthy tax cheats set to benefit from Trump plans to halve IRS

Tax Day uncertainty

Clients may be forgiven for thinking otherwise, considering that the Trump administration plans to lay off as much as a quarter or even a half of the roughly 100,000 IRS employees by the end of 2025. The agency’s acting commissioner, its chief financial officer, chief of staff, acting chief risk officer and chief privacy officer reportedly plan to resign after the IRS and the Department of Homeland Security agreed to share private taxpayer information in order to ramp up immigration enforcement. An initial wave of terminations of about 7,000 so-called probationary employees with short tenures who are now stuck on paid administrative leave pending a lawsuit drew condemnation from a bipartisan group of former IRS commissioners pleading with Trump, Musk and the rest of the administration not to fire thousands of employees during tax season.

“If you were to ask the top chief executives in the world to name the best strategy to attack waste in their organizations and balance the books, there is one answer you would be very, very unlikely to hear: Take an ax to accounts receivable, the part of an organization responsible for collecting revenue,” the seven ex-commissioners wrote in a February essay in The New York Times. “Yet the private sector leaders advising President Trump on ways to increase government efficiency are deploying this exact approach by targeting the Internal Revenue Service, which collects virtually all the receipts of the U.S. government — our nation’s accounts receivable division.”

News reports suggest that buyouts and layoffs at the agency could hit 18% of the IRS workforce by the middle of next month, according to an analysis last week by Janet Holtzblatt, a senior fellow at the nonprofit, nonpartisan Urban-Brookings Tax Policy Center. Regardless of the ultimate level of staff and budget cuts to IRS enforcement and customer service from the Inflation Reduction Act passed by Congress and signed by President Biden in 2022, the previous administration’s programs left the building at the end of Biden’s term.

“In the two years since IRA’s passage, the IRS made significant improvements to taxpayer services and enforcement,” Holtzblatt wrote. “More taxpayers had their phone calls promptly answered or received help in person at a Taxpayer Assistance Center, and the agency developed a simpler, online, and free method for filing tax returns (Direct File). The IRS increased collections of taxes owed by higher-income taxpayers, began audits of some of the largest partnerships, and moved to strengthen IT security.  With the rollbacks of funding and staff, those improvements may not be sustainable, and the many other initiatives described in the IRS’s strategic plan are probably not achievable. The IRS may yet undergo transformational change, but starkly different than the intent of the IRA.”

READ MORE: Yellen, IRS trumpet crackdown on wealthy tax cheats

Bessent cites ongoing review, tariffs

Representatives for the Treasury Department and the IRS didn’t respond to inquiries about the potential impact of the cuts to customer service and enforcement. In an interview on NBC’s “Meet the Press” last month, Bessent accused “some very large print media” of “throwing out big numbers” that don’t reflect the reality of staffing levels at the IRS.

“I will tell you that there were about 15,000 probationary employees that we could have let go,” Bessent said. “We kept about 7,500, 8,500 because we viewed them as essential to the mission. And, you know, we will know once we get inside. But what I can tell you is that we are doing a big review. We’re not doing anything. Right now is playoff season for us. April 15th is game day. And even employees who could take voluntary retirement, the rest of the federal workforce, their date was in February. Our date for them is in May. So I have three priorities for the IRS: collections, privacy, and customer service. And we’ll see what level is needed to prioritize all those.”

In other forums, Bessent has also pointed to the importance of Congress passing a bill to extend expiring provisions of the Tax Cuts and Jobs Act, as well as new methods of raising revenue to pay for lower taxes in other areas.

“We’re pushing to get the tax bill done so we can guarantee low taxes, full depreciation within the first year,” Bessent said in an interview with conservative journalist Tucker Carlson last week. “We’ve taken in about $35 billion a year just on the old tariffs — not the new ones. In the CBO [Congressional Budget Office] window, that’s about $350 billion, which pays for a lot of the president’s promises: no tax on tips, no tax on Social Security, no tax on overtime, and making interest deductibility available on autos made in the U.S. Think what the president is doing here: He is backing into an affordability solution for the bottom 50% of wage earners. They are the ones who will benefit from all four of those programs.”

READ MORE: Tax Cuts and Jobs Act expiration: A guide for financial advisors

Taxpayers still under microscope

The economic volatility around tariff policy, though, may affect congressional negotiations on the legislation, and advisors and their clients are trying to prepare much more for any direct ramifications of IRS scrutiny of their returns. 

At a basic level, dialing the number of IRS enforcement personnel “back to more traditional levels” will mean that fewer people “are going to fall under the microscope” of an examination or audit, Elber said. The so-called tax gap between the estimated liability and the amount collected each year — a yawning $696 billion in 2022 — could grow wider still.

The “ability to create a real deterrent” will “substantially go by the wayside when people realize that there’s very little out there to keep people honest,” Elber said. 

“The way that you reduce the tax gap is by enforcement,” he added. “It’s boots on the ground who are working with the data analytics that the IRS has used as a mainstay of enforcement activity at least for the last decade or so. You’re losing a substantial portion of the boots on the ground. … I don’t think anyone knows the extent to which tariffs will potentially fill some of the basket that will be left unfilled.”

Axing 20% of the IRS workforce would be “catastrophic to the enforcement function,” Elber said. At a 50% level, then “I’m not sure what function the IRS is serving anymore” besides processing returns and checks, he said.     

“I cannot recall a comparable situation during my career,” Elber said. “I can’t comprehend how the IRS functions with half the staff they’ve got.”

That doesn’t mean that advisors and their clients should stop being vigilant about their taxes, however. The thinned IRS ranks of audit and enforcement teams will likely exercise the same types of probes as they have over the past decade or so, Elber said.

“You can expect a rather grueling examination,” he said. “That comes down to, basically, the audit lottery. You don’t know at the end of the day how you’re going to fare. Your chances are better than a year ago, but it’s certainly not a situation where there’s no risk.”

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Senate panel grills IRS commissioner nominee Billy Long

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The Senate Finance Committee questioned Billy Young, President Trump’s nominee for Internal Revenue Service commissioner, about his plans for the beleaguered agency and promotion of dubious “tribal tax credits” and Employee Retention Tax Credits during a long-awaited confirmation hearing Tuesday after a series of acting commissioners temporarily held the role.

Trump announced in December he planned to name Long, a former Republican congressman from Missouri, as the next IRS commissioner, even though then-commissioner Danny Werfel’s term wasn’t scheduled to end until November 2027. Since then, the role has been filled by four acting commissioners who have faced pressures to accept drastic staff cuts at the agency and share taxpayer data with immigration authorities.

Long insisted during the confirmation hearing that he would defend the integrity of the IRS and maintain an open door policy, emulating the example of former commissioner Charles Rossotti, who served from 1997 to 2002.

“If confirmed, I will implement a comprehensive plan aimed at enhancing the IRS, but also one that develops a new culture at the agency,” he said in his opening statement. “I am eager to implement the necessary changes to maximize our effectiveness, while also remaining transparent with both Congress and taxpayers. It is important to also recognize the dedicated professionals currently at the IRS whose hard work too often goes unnoticed. It is my pledge that we will invest in retaining skilled members of the team. This does not mean a bloated agency, but an efficient one where employees have the tools they need to succeed.”

Committee chairman Mike Crapo, R-Idaho, expects to see changes at the agency. “Congressman Long is very clear that he will make himself available to all IRS employees, no matter their seniority,” Crapo said in his opening statement. “Moreover, he wants to implement a top-down culture change at the agency. This sea change will benefit American taxpayers, who too often view the IRS as foe, rather than friend. Congressman Long knows, from years of experience in the House, that to be a successful Commissioner, he must be a valuable partner in Congress’ efforts to ensure that new tax legislation is implemented and administered as Congress intends it to be.  I am also confident that he will be fully transparent and responsive to Congress and the American people.”

Sen. Ron Wyden, D-Oregon, the top Democrat on the committee, questioned Long about his promotion of “tribal tax credits” and the fraud-plagued ERTC. “Most of Congressman Long’s experience with tax issues came after he left Congress, when he dove headlong into the tax scam industry,” he said in his opening statement. “Cashing in on the credibility of his election certificates, he raked in referral fees steering clients to firms that sold faked tax shelters and pushing small businesses to unknowingly commit tax fraud.”

Wyden asked Long about the $65,000 he earned from referring friends to tax promoters who claimed they had acquired income tax credits issued to a Native American tribe and then sold the tax credits to investors. “There’s a problem. The IRS said in March that the credits do not exist. They’re fake. They are a scam. Now you’re asking to be put in charge of the IRS, and the IRS confirms that these aren’t real. Tell the committee, do you believe these so-called tribal tax credits actually exist?”

Long insisted his only involvement with the credit was to connect interested friends and offer to put them on a Zoom call with someone, but he was not on the Zoom calls himself. Wyden pressed him on whether the tax credits actually exist.

“I think the jury’s still out on that,” Long admitted. “I know since 2022 they’ve been accepting them, so now they claim that they’re not. I think that all this is going to play out, and I want to have it investigated, just as you do. I know you’re very interested in this subject. I am too.”

Wyden also asked about $165,000 in campaign donations that went to Long’s unsuccessful 2022 Senate campaign after Trump named him as the next IRS commissioner. Long insisted he had followed guidelines from the Federal Election Commission. “You know as well as I do, anytime you’re dealing with the FEC, you have to follow FEC guidelines, and that’s exactly what I did all the way,” he said.

Wyden then asked him about his work with promoters of the Employee Retention Tax Credit. “You stated on a YouTube video that everybody qualifies for the Employee Retention Tax Credit, and you urge listeners to ignore CPAs that said they didn’t qualify. Do you really think everybody qualifies?”

“If you listen to that video, I hate to correct you, but I didn’t say everyone qualifies,” Long responded. “I said virtually everyone qualifies, meaning most people.”

Sen. Elizabeth Warren, D-Massachusetts, and other Democrats also questioned Long about whether he would follow Trump’s orders to audit certain taxpayers or remove the tax-exempt status of organizations, even if it violated the law. Long insisted he would follow the law but declined to explicitly say whether he would defy an order from Trump.

“I don’t intend to let anybody direct me to start an audit for political reasons,” he said.

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Minnesota approves CPA licensure changes bill

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Minnesota approved a bill on Monday night to create additional pathways to CPA licensure, and it awaits the signature of Gov. Tim Walz.

As part of an omnibus bill, Senate File 3045, it creates two new pathways to CPA licensure: a bachelor’s degree plus two years of experience, or a master’s degree plus one year of experience. The new pathways will be effective Jan. 1, 2026. 

The bill sunsets the current 150-hour credit rule after June 30, 2030, and establishes automatic mobility and practice privileges one day following the bill’s ratification. All candidates must still pass all parts of the CPA exam.

minnesota-capitol.jpg
Minnesota State Capitol building in St. Paul

Jill Clardy/stock.adobe.com

“It’s a step forward in the right direction,” said Geno Fragnito, government relations director at the Minnesota Society of CPAs. “It allows some flexibility to hopefully bring in people who are on the fence about whether they could afford the extra year of education and whether the accounting profession fit into their long-term goals because of that.”

Generally, the governor has 14 days to act on the presented bill. Otherwise, without any action, the bill becomes law. Minnesota is one of more than a dozen states that have already passed changes to licensure requirements in an ongoing effort to address the profession’s talent shortage.

(Read more: “New ways to CPA”)

Minnesota was the first state to propose licensing changes in December 2022. 

“Initial strong opposition eventually turned into support as more professionals, state societies, universities, government entities and businesses rallied behind broadening pathways to CPA licensure with the first state, Ohio, passing its law in January,” said an MNCPA blog post.

“There were a lot of people — chairs ahead of me and other people on the board and at the Minnesota society — that have done a ton of work on this and really deserve a lot of credit for all of the conversations they had and the testifying they did,” said MNCPA chair Eric O’Link. “We’re very appreciative of our legislative sponsors and everybody who helped make it a reality.”

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In the blogs: Truths and consequences

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No more paper checks; death and tax debt; the perfect time to onboard software; and other highlights from our favorite tax bloggers.

Truths and consequences

  • Wolters Kluwer (https://www.wolterskluwer.com/en/solutions/tax-accounting-us/industry-news): The snowflake in the blizzard: President Trump has signed an executive order effectively eliminating the U.S. government’s long-standing practice of issuing paper checks — including refunds — to eliminate inefficiencies, reduce costs and enhance payment security. Key provisions of the order and what it could mean to the profession.
  • Institute on Taxation and Economic Policy (https://itep.org/category/blog/): The House tax plan, by the numbers.
  • The Wandering Tax Pro (http://wanderingtaxpro.blogspot.com/) And the good, bad and ugly about that big, beautiful bill.
  • Taxpayer Advocate Service (https://www.taxpayeradvocate.irs.gov/taxnews-information/blogs-nta/): How a “commonsense” proposal in Sec. 903 of the draft TAS Act would simplify estimated tax payments with evenly spaced due dates.
  • Taxnotes (https://www.taxnotes.com/procedurally-taxing): IRC provisions governing consolidated returns are grounded in the identification of an “affiliated group of corporations” (or an “affiliated group”) for which a consolidated return may be made. A few foundational matters and fact patterns to spot an affiliated group. 
  • Current Federal Tax Developments (https://www.currentfederaltaxdevelopments.com/): A U.S. appeals court recently addressed a critical issue for estate tax practitioners: the deductibility of transfers mandated by a prenuptial agreement as “claims against the estate.”
  • Withum (https://www.withum.com/resources/): When companies face new tariffs or increases to existing ones (who doesn’t, these days?), mechanisms that can be implemented are bonded warehouses, the Customs Reconciliation Program or setting up a foreign trade zone. Plusses and minuses of each, including tax considerations.
  • Dean Dorton (https://deandorton.com/insights/): How tariffs factor into inventory accounting for income tax purposes, as well as pitfalls that can trigger unfavorable tax consequences.

To the Swift 

  • Taxjar (https://www.taxjar.com/resources/blog): Starting a new biz is likely a time-sucking thrill-a-minute for clients. Take one thing off their to-do list with this sales tax compliance checklist.
  • TaxProf Blog (http://taxprof.typepad.com/taxprof_blog/): Taylor Swift’s hard-earned reputation as a savvy music mogul inspires other creative spirits to be “fearless” in their artistic endeavors. But a taxpayer’s financial ability to live out their wildest dreams may depend on their chosen medium.
  • The Sales Tax People (https://sales.tax/expert-articles/): The latest that e-commerce clients need to know about marketplace facilitator laws. 
  • Sovos (https://sovos.com/blog/): While we’re on the subject, what is sales tax, anyway? A step-by-step look.
  • Trout CPA (https://www.troutcpa.com/blog): What to remind them about the FICA Tip Credit.
  • The National Association of Tax Professionals (https://blog.natptax.com/): This week’s “You Make the Call” looks at Leo, owner of a small HVAC business who recently hosted a summer kick-off barbecue at his shop for his five technicians (he also participated). No customers or other management staff attended. Leo provided sodas, juice, burgers and brats. Is the cost of the food and beverages fully deductible or subject to the 50% limit?
  • Boyum & Barenscheer (https://www.myboyum.com/blog/): Two financial planning tools to help manufacturer clients weather uncertainty.
  • Yeo & Yeo (https://www.yeoandyeo.com/resources): Never mind the soul. What happens to debt, including tax debt, when someone dies?

Making connections

  • Vertex (https://www.vertexinc.com/resources/resource-library/filter/field_asset_type/blog?page=0): Companies seek a lot of benefits from a “connected commerce” strategy. But the pace of change in retail is intense, and tax leaders need to keep an eye on how many shifts can affect compliance. 
  • Mauled Again (https://mauledagain.blogspot.com/): Are tax pros sufficiently social to lower their risk of dementia? 
  • CLA (https://www.claconnect.com/en/resources?pageNum=0): After three filing seasons with Schedules K-2 and K-3, patterns and pain points have emerged. Introduced to improve the reporting of international tax info, these schedules have had far-reaching impacts even for real estate and private equity partnerships with little or no foreign activity.
  • TaxProCenter (https://accountants.intuit.com/taxprocenter/): Once firms invest in a new tax engine, onboarding and data conversion go on the back burner as firms deal with extended returns. This seemingly logical and unavoidable shift sets the stage for potential mayhem come January. Five reasons extension season is a great time for onboarding.
  • The Rosenberg Associates (https://rosenbergassoc.com/blog/): Favorite headline of the week: “To PE, or Not to PE, Is That the Question?”

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