After April 15: Top-of-mind tax advocacy topics, including the ERC

Tax filing season can be a marathon, or it can be a sprint to the finish. Either way, the collective sigh of relief is real. Melanie Lauridsen, vice president–Tax Policy & Advocacy for the AICPA, reflected on the last filing season and addressed advocacy items to watch in this episode of the Journal of Accountancy podcast.

Lauridsen, in her third tax advocacy update of 2024, discussed the latest on employee retention credit (ERC) claims, including an eye-popping cost estimate. She also shared advocacy updates and looked ahead to the rest of 2024.

In her previous podcast update, Lauridsen focused on clearing up confusion related to beneficial ownership information reporting.

What you’ll learn from this episode:

• The comparison of tax season to a two-hour marathon.
• Why this was the first tax season in many years with “a smooth runway” for filing.
• Lauridsen’s reaction to the comment by IRS Commissioner Danny Werfel about receiving 20,000 ERC claims per week.
• Advocacy topics of note for this year and beyond.
• Lauridsen’s analysis of a tax bill now in the Senate.
• Why it is nearly guaranteed that tax changes are coming, even if the current bill never makes it out of committee.

Play the episode below or read the edited transcript:

— To comment on this episode or to suggest an idea for another episode, contact Neil Amato at Neil.Amato@aicpa-cima.com.

Neil Amato: Welcome back to the Journal of Accountancy podcast. This is Neil Amato with the JofA. I’m joined again by Melanie Lauridsen, vice president–Tax Policy & Advocacy for the AICPA. This is a special collaboration episode between the JofA podcast and the Tax Section Odyssey podcast.

Melanie and I are going to talk about some tax topics that are top of mind for practitioners. This is the third such update in calendar year 2024. First, Melanie, welcome back to the podcast. We’re recording in late April. In the tax community — I’m more the general consumer, not a practitioner — but I’m wondering, is there a sigh of relief maybe for the tax community? Or maybe a setting of those out-of-office emails and packing of bags for vacation when busy season ends?

Melanie Lauridsen: Neil, absolutely. There definitely is. I think of filing season like running a marathon in a two-hour time frame. It’s very intense, and at times you just don’t know if you’re going to make it. It feels very exhausting. But you do, and it’s hard to keep up that pace. So, a quick shoutout to everyone and congratulations to those that did just wrap up another filing season. They’ve definitely earned that break and that vacation time.

Amato: Again, we’re recording late April, April 26 to be specific. This episode will air in early May. Correct me if I’m wrong on this, but it feels like this year is the first sort of normal March and April for tax season that we’ve had since 2019. Is that accurate?

Lauridsen: Neil, last year was also a relatively smooth filing season. We did have uncertainty about how things were going to go. However, the IRS did receive the Inflation Reduction Act funding, which allowed last year to show improvements to their services. This is actually the second filing season in which the IRS has had access to that IRA funding.

According to the IRS stats, they had a really strong filing season. Now, I also believe this is in part because the IRS had a smooth runway for this filing season. There really weren’t new laws, and, of course, the government shutdown did not occur, which forced the IRS to shut down. Collectively, like I said, it’s a smooth filing season for the IRS to be able to show more improvements.

Now, most notably, according to the IRS, they’ve reached an 88% level of service, which is an increase from 84% level of service at the same time last year. They also answered over a million more calls this year with shorter wait times. That’s all really good. However, I do need to caution that the IRS’s numbers are a snapshot of a moment in time. That 88% level of service on their phone lines really captures a limited number of phone lines that they have and only a subset of the callers of those limited number of phone lines. For example, last year they had that 84% level of service that I mentioned. When looked at the entire year and looking at all the calls the IRS received, they really only answered about 34% of all the calls.

I also have to plug in that each year, we also deploy our own survey immediately after filing season, and we reach out to our members and ask them how they felt filing season went. Those responses oftentimes align more so with that 34%, and they also align with Erin Collins’s report to Congress on how the IRS did overall. Hopefully, for the next podcast, we can go over the results that we get from our members.

Amato: That’s great, and it definitely does show that while there has been a smooth runway, it doesn’t necessarily mean everything’s going smoothly. It’s certainly not all calm as it relates to issues affecting taxpayers, tax practitioners. What are some of those topics that are still popping up, that are top of mind for practitioners as we head into May and beyond?

Lauridsen: I do have to say BOI is a hot topic, beneficial ownership information. However, during the filing season, it got put on the back burner. But now that filing season is over, I’ve had a flood of people reaching out on the issue and really asking about the impacts regarding the court case with the National Small Business Association and what that really means. Also, unfortunately, we’re starting to enter the natural disaster season as we head particularly into the October filing season, so people start to ask questions about that.

Actually, just this past week, we endorsed bipartisan legislation to provide additional tax relief to victims of natural disasters. Specifically, what we’re supporting is when the IRS extends a filing deadline due to a disaster declaration, it would allow the taxpayers to claim and recover refunds not only within those three years but also that extended period of the disaster-related extension. Again, very helpful for victims of relief.

Changing topics again, another area that we’re also working on, it has to do with digital assets. The IRS is beginning to ramp up more and more with that, and we’re trying to find clarity around that tax framework for digital assets.

Amato: Yes. In the Journal of Accountancy, we recently wrote about the posting of the Form 1099-DA. Is that the draft or the final form?

Lauridsen: Neil, you’re right. It is the draft form, and they did release it. The intention is to show the report of the information of the sale or disposition of digital assets. That’s going to be kicking off Jan. 1 of 2025, so that is coming soon.

Amato: Thank you for that. Tell me your reaction or response to this IRS news. Commissioner Danny Werfel said recently that the IRS still receives 20,000 employee retention credit claims a week. That’s even though the processing of those claims has been halted since September. Seems like a lot.

Lauridsen: It is. Well, Commissioner Werfel actually told the Senate Finance Committee on April 16 that the tax bill passed by the House in January would actually help the IRS combat ERC fraud claims. That’s where they’re asking for ERC claims to be retroactively stopped. From his perspective, he said that eligible claims, they do exist, but they’re very hard to find, and it’s like finding a needle in a haystack. He’s not very happy with that aspect.

If you see the statistics of their moratorium, the withdrawal program, and the voluntary disclosure program, there’s real money at stake here. We’ve been told that it’s costing the government something about $3 billion per week to maintain the ERC claims open. Now, all of this is to say that I personally wouldn’t be surprised if that provision in that House bill to stop ERC claims retroactively, if it were to get stripped out from that bill, and it were to become a stand-alone bill that gets passed. There’s just a lot of support for this provision, especially with that amount of money associated with it.

Amato: I heard that was spoken about in the most recent AICPA Town Hall, April 25. That $3 billion number definitely stands out.

Clearly, a lot still to be wrapped up as it relates to ERC claims. You mentioned that tax bill; that was going to be my next question. What’s the update on that? I guess it’s now in a committee in Congress, and for clarity, which committee exactly is it that has the bill, and where does it stand?

Lauridsen: It’s with the Senate right now. The House passed the bill, and it went to the Senate. The last I heard was that the Senate wanted to do their own markup. But, ultimately, if you look at what’s happening in the world around us, there are a lot of things going on that the Hill has to focus on, and it takes precedence over this bill. It was also my understanding that this bill, as it stands, was barely on life support. Which it’s not to say that it can’t be revived in other iterations or eventually it could get passed, but as it stands right now, the likelihood of that bill pushing through is not very high.

Amato: If it doesn’t go through, what happens? How does it restart if there’s a new tax bill?

Lauridsen: On something like that, it really comes down to what I mentioned with the ERC provision. That has a lot of support, and people can then strip certain pieces out of the bill and either pass them as stand-alone bills, which is probably what would happen with the ERC bill, but you can also introduce it with other packages, different pieces of it. So like I said, it could be different iterations, different portions of it. It doesn’t mean it’s completely dead, particularly the ERC piece.

Amato: If it’s a 600-page bill, but not all of it’s going to pass, then maybe the 60 most important pages here and the 30 most important pages there could be repackaged into a new bill?

Lauridsen: Yes. Something like that. Yes.

Amato: I realized those are just my estimates and oversimplification, but helps me understand. I hope it helps the listeners understand. You’ve mentioned disaster legislation, obviously, the news topics we’ve been following, ERC, digital assets, BOI, beneficial ownership information. But elsewhere from an advocacy standpoint, what are some of the top AICPA priorities for the second half of this year?

Lauridsen: Well, Neil, as you’re aware, it is an election year, so we’re absolutely going to be seeing tax reform coming up. We already know we have TCJA provisions that will begin to sunset. We have also heard of an IRS tax administration procedural package, which is going to have, we’ve heard things like potentially the Safe Harbor Act, some disaster relief provisions, or things along those lines with the IRS. Then, of course, there just is the 2025 tax reform package we’ll see from the elections. Taxes are the way we generate income and money for our country, so we are bound to see a lot of potential tax changes coming up in this next year, and so we have to gear up and prepare for that.

Amato: Melanie, thank you for this rundown. Anything you’d like to add in closing?

Lauridsen: Just to pay attention. Changes are coming, and we’re here to help. We’re trying to continue to help and support the profession but also taxpayers in finding fairness and equity in the tax laws.