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Empowering Tax Practitioners: The Hidden Opportunities in IRS Collaboration

“The IRS wants your input.” If that statement surprises you, it’s time for a paradigm shift. As revealed in a recent episode of the Federal Tax Updates podcast featuring IRS officials and tax professional leaders, a new era of collaboration is emerging in tax administration.

Gone are the days of an insular IRS. As Terry Lemons, the IRS’s Chief Communications and Liaison Officer, states today, “We can’t run the tax system by ourselves at the IRS. We need help. Tax professionals play a vital role.” This focus on partnering with tax pros offers practitioners new opportunities for input, education, and problem-solving.

In a live podcast from the bustling halls of the IRS Nationwide Tax Forum, hosts Roger Harris, EA, and Annie Schwab, CPA, interview several tax professionals and accounting industry leaders to discuss the future of tax practice, collaborating to tackle industry-wide challenges, and uniting state agencies and software providers in a common cause.

The IRS Nationwide Tax Forum: A Hub for Learning and Networking

The IRS Nationwide Tax Forum embodies the new collaboration between the IRS and tax professionals. With approximately 4,000 attendees from across the nation, these forums have become a cornerstone of professional development and dialogue in the tax industry.

Annie Schwab captures the forum’s essence: “We’re meeting people, attending classes, and networking.” This vibrant environment fosters direct engagement between tax professionals, IRS officials, and industry leaders.

Professional organizations play a crucial role in shaping the forum’s content. Kelli Comegys, Director of Membership & Business Development at the National Association of Enrolled Agents (NAEA), explains, “We partner with the IRS to provide speakers for the education at all of the forums. It’s a really great place to spread awareness of the credential and promote our education foundation arm of NAEA, which has a lot of scholarships for aspiring enrolled agents.”

The forums offer more than lectures. They include practical elements like the Case Resolution Program, where practitioners can solve complex cases on-site with IRS officials. As Roger Harris notes, “Bring your toughest case in there. Make an appointment and sit down and solve it.” This direct problem-solving opportunity can be a game-changer for practitioners dealing with complicated client issues.

The forums also serve as a feedback loop for the IRS. Mel Hardy, Director of National Public Liaison (NPL) at the IRS, emphasizes, “It gives partners an opportunity to hear from subject matter experts, sometimes even from the commissioner himself.” This access to high-level IRS officials allows tax professionals to influence policy and procedures directly.

By actively participating in these forums, tax professionals earn continuing education credits and become key players in shaping tax administration. They gain insider knowledge, build valuable relationships, and ensure their clients’ needs are represented at the highest levels of the IRS.

Influencing Policy Through Advisory Councils and Liaison Roles

The IRS has established ongoing channels for collaboration through advisory councils and liaison roles, providing practitioners with access to decision-makers and the opportunity to influence tax policy directly.

The IRS Advisory Council (IRSAC) is at the forefront of this effort. Christine Freeland, an IRSAC member, describes it as “an opportunity for me as a practitioner to give back.” IRSAC brings together tax professionals, information reporting specialists, and state government representatives for three-year terms, creating a diverse group of advisors for the IRS Commissioner.

The NPL office complements IRSAC. Mel explains, “NPL is really a forward-facing outreach organization.” This office organizes monthly meetings where external partners discuss issues directly with IRS leadership and subject matter experts.

These meetings have become crucial platforms for open dialogue. Roger notes, “We have open dialogue on a month-to-month basis, where Mel always starts the meeting by asking, ‘What are you hearing? What are the issues out there?'” This approach helps the IRS remain connected to real-world challenges that tax professionals and their clients face.

The impact of these collaborative efforts is tangible. During the implementation of the Employee Retention Credit, input from tax professionals helped the IRS refine guidance and address practical challenges faced by practitioners and their clients.

Terry highlights the current IRS Commissioner’s approach: “Commissioner Danny Werfel is very unique in the sense that he’s an information sponge. He’s very serious about getting outside of the Beltway. It’s easy if you’re inside federal government to get insulated and lose touch with what’s going on in the real world. He wants to talk directly to frontline IRS employees and affected tax professionals.”

By participating in these advisory roles and engaging with liaison offices, tax professionals can directly shape IRS policies and procedures to improve the tax system and better serve their clients.

Joint Efforts in Combating Scams and Modernizing the IRS

The partnership between the IRS and tax professionals addresses pressing challenges facing the tax community. This collaboration is making a huge difference in combating tax scams and schemes and helping transform the IRS.

Terry highlights a new coalition formed to combat tax scams: “We have joined together with the states, state tax agencies, the software industry, and the tax professional community to combat tax scams and schemes together, because we realize this is a growing threat for well-meaning taxpayers.”

The coalition focuses on countering social media scams, which Terry describes as becoming “a bit of a pandemic.” By sharing information and setting up early warning systems, the group identifies and stops scams before they flood the IRS and states with fraudulent returns.

This initiative draws inspiration from the successful “Security Summit” that tackled identity theft in previous years. For tax practitioners, this collaborative effort protects their clients and encourages taxpayers to seek advice from legitimate tax professionals.

Simultaneously, the IRS is undergoing a significant transformation, backed by $60 billion in funding from the Inflation Reduction Act. Terry explains, “We’re using this $60 billion to make improvements in taxpayer service. We’re trying to bring more fairness back into enforcement.”

These improvements promise more efficient interactions with the IRS for tax professionals, streamlining processes like resolving client issues or using self-service features to obtain necessary information. The focus on fairness in enforcement also helps create a more level playing field, benefiting practitioners who prioritize compliance.

Conclusion: Embracing a Collaborative Future

Tax administration is transforming, driven by collaboration between the IRS and tax professionals. From interacting at the Nationwide Tax Forum to taking part in advisory councils and joint efforts against tax scams, this partnership is reshaping tax compliance.

For tax practitioners, this new era offers exciting opportunities to have their voices heard at the highest levels of the IRS, shape policies that affect their practice, and stay ahead of industry challenges. More importantly, it helps them enhance the value they deliver to clients through improved services, more efficient problem resolution, and proactive guidance based on insider knowledge of upcoming changes.

Ready to explore these transformative collaborations further? Listen to the entire Federal Tax Updates episode to hear directly from educators and attendees at the IRS National Tax Forum and gain insight into the new collaborative model for tax compliance.

Beyond the Credit: Navigating the Complex Aftermath of ERC Claims

Imagine navigating a minefield where the rules change mid-step, and the consequences of a misstep could be catastrophic. This isn’t a war zone – it’s the reality for tax practitioners dealing with the Employee Retention Credit (ERC) program today. In a recent episode of the Federal Tax Updates podcast, Hale Sheppard, partner in the Tax Controversy section of Chamberlain Hrdlicka, cautioned tax practitioners to be aware of the unresolved legal and regulatory issues surrounding the Employee Retention Credit program.

The ERC, initially designed as a lifeline for businesses during the pandemic, has evolved into a source of ongoing uncertainty and potential risk for tax professionals. From legal challenges to IRS guidance to investigations of “promoters” and retroactive policy changes, the landscape is fraught with hidden dangers. As Hale notes, “We anticipate we’ll be embroiled in these kind of cases for at least the next five years, if not longer.”

Legal Challenges and IRS Guidance

A fundamental question is at the center of the ERC controversy: Did the IRS overstep its authority in issuing guidance for the program? Hale highlights an ongoing court case challenging the IRS’s authority to issue ERC guidance in the form of notices. If successful, this challenge could invalidate much of the guidance tax practitioners have been relying on to advise their clients.

The crux of the matter lies in the Administrative Procedures Act (APA), a law that governs how federal agencies create and issue regulations. Hale notes, “There’s been a whole series of cases recently… in which the IRS has lost because they didn’t comply with the APA.” For instance, in several conservation easement cases, courts have ruled against the IRS for failing to follow proper procedures in issuing guidance.

A recent Supreme Court decision in Loper Bright Enterprises vs. Raimondo overturned the longstanding Chevron doctrine’s deference to government agencies’ statutory interpretations and added another layer of complexity. That decision could significantly reduce courts’ deference to IRS interpretations of tax law, including ERC guidance.

These legal challenges create a precarious situation for tax practitioners. The guidance they rely on to advise clients could potentially be invalidated by court decisions. This uncertainty underscores the need for practitioners to stay informed about ongoing legal challenges, consider alternative interpretations when advising clients, and document their reasoning thoroughly.

The Growing Scrutiny of ERC ‘Promoters’

The IRS is currently investigating companies that heavily promoted ERC claims for potential civil penalties. This focus on promoters stems from concerns about aggressive marketing of ERC services leading to improper claims.

Perhaps most alarming for tax practitioners is the proposed legislation that would dramatically increase potential penalties. Hale explains, “Congress… wants to change it to either $200,000 or 75% of the gross… income received for assisting with something improper, whichever is higher.” This is a stark increase from the current penalty of $1,000 per instance.

The IRS employed subtle tactics to weed out aggressive promoters, sending out 220 letters to companies based on filing volume, inviting them to “educational sessions.” While framed as educational, these sessions allow the IRS to gather information while putting potential promoters on notice.

For tax practitioners, these developments raise serious concerns. The broad definition of “promoter” in the proposed legislation could potentially ensnare practitioners who were simply trying to help their clients navigate a complex program. To protect themselves, practitioners should carefully document all advice given, be cautious about marketing ERC services, and stay informed about the evolving definition of “promoter.”

Navigating Retroactive Changes and Delayed Guidance

Adding to the complexity is the IRS’s track record of issuing crucial guidance long after claims could be filed. Hale provides specific examples, including guidance on supply chain issues that wasn’t issued until July 2023, guidance on OSHA communications came in October 2023, and clarification on third-party payroll providers arrived in February 2024.

This delayed guidance creates a catch-22 for taxpayers and practitioners. As Hale explains, “A lot of this guidance was really issued months, if not years, after the relevant time, which makes it really challenging for the people who are trying to do it right with no guidance. And on the other hand, it’s challenging for the IRS to penalize taxpayers two or three years after the fact if they later take the position that they were incorrect.”

Current Status and Future Outlook

The IRS recently announced it would reopen processing of ERC claims filed before September 2023. They categorized claims into three groups: about 15-20% deemed fraudulent and to be rejected, 15-20% eligible for payment, and 60-70% requiring more information.

The ERC saga is far from over, so tax practitioners must remain adaptable, informed, and strategic in their approach to ERC matters. By continuously educating themselves, they can better serve their clients while protecting themselves in this rapidly evolving regulatory environment.

To gain a deeper understanding of these complex ERC issues and how they impact your practice, we strongly encourage you to listen to the full Federal Tax Updates podcast episode. Hale’s insights provide valuable context and strategies that can help you turn the ERC minefield into an opportunity to demonstrate your expertise and value to clients.

Mastering IRS Online Accounts: The Key to Elevating Your CPA Practice

Thanks to increased funding from Congress, the IRS is finally evolving from a mere tax collector into a technology-driven agency for CPAs and other tax professionals.

In a recent episode of the Federal Tax Updates podcase, hosts Roger Harris, EA, and Annie Schwab, CPA, explain how mastering this digital shift can help you better serve your clients and gain a competitive edge in the market.

One way the IRS is improving the experience for tax payers and tax professionals is online accounts. These accounts are changing how we interact with the tax system.

The Power of Online Accounts

For taxpayers, online accounts provide a one-stop shop for managing their tax affairs. Annie Schwab, CPA and Franchisee Operations Manager at Padgett, explains: “Once established, it’s a really great tool for clients to access their records.”

These accounts allow users to:

  • View current and prior year records
  • Access transcripts
  • Make payments and set up payment plans
  • Respond to IRS notices electronically
  • Verify the legitimacy of IRS communications
  • Update mailing addresses

Tax professionals aren’t left out of this digital revolution. While still in development, professional accounts are already proving their worth. “You can do things like submit and withdraw power of attorneys and tax information authorizations,” Annie notes. The future looks even brighter, with hopes for expanded access to client information and streamlined communication with the IRS.

Streamlining Processes and Enhancing Value

Consider this scenario: A client comes to you in a panic, having misplaced their previous year’s tax return. Or they went to a scam preparer and are unsure whether they filed an extension. In the past, this meant hours on the phone with the IRS.

Now, with online accounts, you can help the client create or log into their online account right in your office to quickly access this information, verify any outstanding issues, and even resolve simple discrepancies without a single phone call.

This real-time access to information empowers CPAs to provide more proactive and timely advice. As tax expert Roger points out, “Sometimes, knowing something now lets you do something right away. But if you find out about it in March, it’s too late.”

Navigating the Digital Landscape Securely

As the IRS embraces digital transformation, understanding how to interact securely becomes crucial. Annie emphasizes a critical point: “The IRS initiates contact through the mail. They do not email you. They do not text you. They do not contact you through social media. Occasionally, the IRS will call or come to your home or place of business, but that’s probably something like several years of delinquent returns or employment tax-related deposits.”

With an online account, you can check the online account to verify it’s legit. They also provide a secure way to respond to legitimate notices quickly.

It’s Never Too Early to Start Year-End Planning

The digital transformation of tax administration isn’t just about streamlining processes—it’s about reimagining the role of tax professionals. Tax pros can position themselves as indispensable strategic advisors by leveraging these new tools for proactive, year-round tax planning.

Key areas for ongoing planning include:

  • Reviewing withholdings and making adjustments
  • Addressing life changes (marriages, divorces, retirement, buying or selling a home, or having children)
  • Evaluating contributions to accounts like HSAs or dependent care accounts
  • Handling state tax issues when switching jobs over state lines
  • Discussing business investments or expansion plans

Summer is a great time to proactively contact clients and analyze their current tax situation and cash flow to provide timely, data-driven advice.

“A lot of that can lead to additional accounting work, payroll work, and tax planning,” Annie says.

Embracing the Future

The future of tax administration is undoubtedly digital, and the most successful tax professionals will embrace this change and stay ahead through continuous learning and adaptation.

To equip yourself for success in this new era:

  • Set up your own IRS online account to familiarize yourself with the system
  • Encourage clients to create online accounts, offering assistance if needed
  • Stay informed about new digital tools and features as they become available
  • Look for new ways to leverage online accounts in your tax and advisory services

By taking advantage of the IRS’s digital transformation, tax professionals can streamline processes, reduce fraud errors, and provide more timely and accurate advice to clients to help them navigate tax compliance. Doing so will solidify your position as an indispensable partner in your client’s financial success.

To learn more, listen to the latest Federal Tax Updates podcast episode.

What is an IRS audit, really?

Especially since the passing of the Inflation Reduction Act that provided $80 billion in funding to the IRS, many small business owners have been concerned about the possibility of having their finances audited. While most of the funds are dedicated to improving taxpayer services, it is true that some of the funding will be used for enforcement and audits.  

So, what does that mean for your business, and how can you avoid being audited in the future? 

What is an IRS audit? 

An IRS audit is an examination of your tax returns, financial records, and other documents to ensure that you have reported your income and deductions accurately and in compliance with the tax laws. Receiving an IRS notice doesn’t mean you’re being audited, and an IRS audit is not the same as other types of business reviews. An IRS audit is conducted by the government, and it can result in penalties, interest and even criminal charges if it uncovers fraud or other serious issues. 

But don’t panic—audits are not a common occurrence. Last year, only 0.38% of returns were audited by the IRS, according to USA Today. It’s also unlikely that taxpayers making less than $400,000 in annual income will be targeted for audits. 

What are the different types of audits? 

While the prospect of an IRS audit may seem daunting, it’s important to remember that not all audits are created equal. There are several types of IRS audits that you may encounter as a small business owner. Here are the most common ones: 

  1. Correspondence Audit: This is the most common type of audit, and it can be conducted entirely by mail. The IRS will request specific documents or information from you, and you will have a deadline to provide the requested materials. This type of audit is usually focused on a single issue, such as a missing tax form or a discrepancy in reported income, and most commonly occurs with charities and nonprofit organizations. 
  2. Office Audit: An office audit is conducted in person at an IRS office. During an office audit, an IRS agent will review your financial records and ask you questions about your tax returns. This type of audit is typically focused on one or two specific issues, such as a deduction that the IRS believes may not be valid. 
  3. Field Audit: A field audit is the most comprehensive type of audit, and it involves an in-person visit from an IRS agent to your place of business. During a field audit, the agent will review all of your financial records and ask you questions about your business operations. This type of audit is usually reserved for larger businesses or more complex tax issues. 
  4. Taxpayer Compliance Measurement Program (TCMP) Audit: This type of audit is relatively rare, and it is typically used to measure compliance rates across a larger population of taxpayers. The IRS will select a random sample of your returns and conduct a comprehensive audit of those returns to measure your compliance with the tax laws. 
  5. Specialized Audit: A specialized audit is conducted by an IRS agent with expertise in a particular area, such as international tax issues or employee benefit plans. These audits are typically reserved for businesses with complex tax issues that require specialized knowledge. 

Note: Beware of scam calls impersonating the IRS! If you are selected for an audit, the IRS will only notify you by mail, not by telephone.  

What should you do if you’re audited? 

No matter the type of audit, you have the right to be represented by a tax professional, so make sure you choose one who is qualified to represent you. If you are notified of an IRS audit, it’s important to respond promptly and professionally. Ignoring or delaying an audit can only make the situation worse. Instead, gather the requested documents and information and work with your tax professional to respond to the IRS’s requests. 

It’s also important to remember that an audit does not necessarily mean that you have done something wrong. The IRS uses algorithms to screen returns for potential red flags and sometimes selects random returns for closer review. However, the IRS has stated it will be auditing more employment tax returns in the future because of the possibility of false or incorrect Employee Retention Credit (ERC) claims. If your business has received this credit, make sure to have all the necessary documentation, like employee, wage, and eligibility information, to support the claim under audit.  

If you have been selected for an audit, it’s not necessarily a reflection of you or your business. That being said, there are steps you can take to reduce your chances of being audited. First and foremost, make sure that you are reporting your income and deductions accurately and in compliance with the tax laws. By maintaining accurate records, reporting your income and deductions correctly, and working with a tax professional throughout the year, you can reduce your chances of being audited in the future. 

If you need a tax professional, Padgett can help! Contact your local office today.

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