Tax Section Odyssey

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Understanding cybersecurity insurance (and why you need it) Sep 06, 2023

Show notes

In this episode, Rudy Rudolph, Executive AICPA Risk Advisor — AON, and April Walker, CPA, CGMA, Lead Manager — Tax Practice & Ethics, AICPA & CIMA, discuss how data breaches can cause acute and lasting issues to victims. Small businesses are often easy targets for cyber criminals because they typically have less security in place than larger companies. A customized cybersecurity insurance policy can help mitigate risks and provide coverage in an evolving market to protect your organization. What you'll learn in this episode Questions companies need to ask about cyber security insurance (0:59) The most common types of cyber attacks (3:56) Usual misconceptions about cybersecurity (6:14) Types of costs that cyber insurance covers (8:37) Items not generally covered by cybersecurity insurance (11:12) Insurance consequences of not following your own cybersecurity policies (13:27) Rudy's final thoughts (15:35) A page from Rudy's travel journal (17:23) AICPA resources Best practices for data security and cybersecurity incident mitigation — Learn about general, preventative and reactive data security tips to implement to keep data protected from identity theft. Cyber insurance solutions | AON — AON's brokerage team understands the risks and how to arrange coverage in an evolving market. It's not one-size-ﬁts-all, so AON teams with you to create a custom cyber insurance policy ﬁt for your organization. Cybersecurity Lab — Building a nimble cybersecurity response plan | Tax Section Odyssey — In this podcast, Ashley Grover, Cybersecurity Threat Intelligence Analyst — Sylint, discusses how the cyber threat landscape continues to change rapidly. Keeping up with the latest cybersecurity trends is vital to not fall victim to attacks and data theft. Gramm-Leach-Bliley Act (GLBA) Written Information Security Plan Template — The GLBA Act requires financial institutions to have a written information security plan. Use this template to document your firm's policies. Identity Theft Checklist | Tax Identity Theft Toolkit — Provide this checklist to clients to help them appropriately and efficiently address identity theft issues and access additional resources. Transcript April Walker: On today's podcast, listen to hear more about cybersecurity insurance for CPA firms. Hi everyone and welcome to the AICPA's Tax Section Odyssey podcast, where we offer thought leadership on all the things tax facing the profession. I am April Walker, a lead manager from the Tax Section and I'm here today with Rudy Rudolph. Rudy is an executive risk adviser with AON and his role is helping to educate CPA firms on insurance coverage available through AON's AICPA program. Since that's his role, that's what we're going to do today. Specifically, we're going to delve into cyber insurance. What you need to know if you or your firm don't have this type of coverage or if you have it and you really want to understand what kind of coverage you have or know what questions to ask to be able to get more information about that. Rudy, let's start off with a company or a CPA firm that doesn't have this type of insurance. What questions will they have to answer during the application process for cyber insurance? Rudy Rudolph: One of the things I've learned is one of the great parts of the cyber application process is as much as it's filling out an application, it's also almost like a little checklist of helping the firm think of things that they want to implement or should be implementing or even just to have in mind just in general with how they deal with their own internal networks and systems. That's a great thing to look at the cyber application as is. It's also a guide to help you consider what should be in place, almost like a little checklist. But a lot of the things that they can expect to be answering is mostly encryption and how things are protected within their network and system. I think most people sometimes tend to overthink the encryption word and think it's some sort of involved process when really it's just, can someone off the street walking into your office and access information without providing any type of login credentials and password, especially with thumb drives and emails and even external hard drives. But having those protected with passwords and encryptions, and it's easy to do, that they can expect to see on a cyber application a lot of things making sure that there's backups done weekly or however many and then also if they're retaining any type of payment card information or PCI or personally identifiable information, or PII, as well as the types of transactions, estimate number of transactions in any given year are some of the big things to consider, have in mind, and that they'll see and/or be answering on those applications. April Walker: I like the way you say it's a checklist of things that you should already be thinking about. You have probably heard me talk on this podcast before and we'll probably talk about it again about security plans and what are the requirements are for CPA firms, and it would seem like that those would go hand in hand. There are requirements to have a written information security plan. Hopefully you know that, if you don't, that's a takeaway from listing today. But as you're going through that plan, I would think that would be important information you're going to have as you're going through that application. This is just more of a curiosity question, but I know that until you're hurt, you think it can't happen to you. But then what you do, it's a very traumatic event. Can you talk to us a little bit about what type of cyber attacks are the most common, specifically for CPA firms as that's our topic for today. Rudy Rudolph: Absolutely. Especially since the COVID pandemic, it seemed like computer or cyber criminals who had nothing better to do, but to sit around and think of different ways to get easy money or an access. The biggest thing since the pandemic that's been on the rise has been ransomware attacks, which are in part more broadly categorized and they fall under the malware umbrella, I guess if you would, for cyber attacks. Basically, just hacking into or getting into accounting firms, networks and data and basically holding that information ransom until they pay a specified amount. When I think a lot of accounting firms that are under the mindset that they're too small to be attacked or come under a cyber attack when really cybercriminals target smaller firms because they believe that they're under that mindset that [they] are too small to and maybe don't have the resources and the security measures in place to keep them out. It's actually reported that it's 30% of all cyber attacks are focused on attacking small businesses because of that lack of cybersecurity measures. Malware and more specifically ransomware have been the number one cyberattacks especially since the COVID pandemic. April Walker: I feel like I've heard some horror stories of those happening to firms and it always seems to happen March the 3rd or something like that, sometime that's not very convenient for when they're very busy. It's definitely something to be concerned about. Let's talk about misconceptions. What do you hear that people do not have right about cybersecurity, either people who have coverage or people who don't think they need coverage? Rudy Rudolph: The two biggest things I always hear when talking to firms is either one, are not big enough, I'm just a smaller shop that wouldn't have to worry about this now and come after me. That's one of the biggest misconceptions and really they're probably one of the bigger targets, actually, because of the potential lower security measures they have in place. They have so much data and records or their clients that they're preparing tax returns for and someone could get that information and that's easy identity theft, right there. You can get X amount of people, however many clients you have, you can get all of their names, date of birth, social security numbers, addresses. Right then and there, that's a huge risk and misconception that some of the smallest firms have. The second is a lot of firms always come to me, we don't have anything, we don't house any data or have any storage software on-premises. Everything is done third-party by Cloud. They handle that, so I don't really need to worry about it, which is not the case. They may be hosting your information and everything, but if that company gets hacked, now what do you do? If you can't get into anything and they're down and running, what happens then? Even if you are having a third party post your information, you should always have some sort of business continuity and disaster recovery plan in place for that type of scenario. Keep coming back to COVID. No one saw that coming. Now, we have the hindsight of, if something like this were to happen, now what do we do? I think of it like that, having a plan in place if the unthinkable were to happen, what are you going to do? You can't just sit there like a sitting duck and wait for something. You should have or at least I think you would want to have some sort of plan in place for contingency. April Walker: Makes a lot of sense. To find out a little bit more about cyber insurance and how it works, I know there's no way to describe every policy. Every policy is different as you're working with a firm, but let's talk generally about what types of costs that cyber insurance does cover and then almost more importantly, I think for people to hear is what costs are not covered. Rudy Rudolph: The first and foremost, what the cyber policies and cyber insurance covers is identifying any potentially affected individuals that may be affected or impacted by the breach of your network or system, and also the notification to those affected and credit monitoring for them for the next year. Those are all required by every state. Each state has different regulations, but those are required by all states. If you don't have an insurance policy in place, you're going to have to pay those costs out-of-pocket regardless because it's a state mandate and requirement to provide for it in the event of a breach. I think that's the biggest thing that the policies cover for most firms. The second biggest is the forensic analysis and identifying that breach, how it occurred and identifying that and making sure that that doesn't happen again. It also provides coverage for data restoration, getting your network backup and running to the condition it was in prior to any type of breach or a hack. Then depending on the policy, you can opt in for this, sometimes it's generally in a policy right off the bat, but business income or business interruption, so loss of revenue. I think about 200-300 days on average to identify and contain a cyber breach. Hopefully, they don't get there, but in that time period without your network, you're not really able to operate as you normally would, as if you were able to access all those files, your internet, your emails, getting stuff out to clients and everything like that. That's costing you. The policies tend to cover the cost of that. I think most of them have some calculation to determine that number until you're back up and running. April Walker: Got you. Then can you think of anything that is specifically not covered that you can think of? Rudy Rudolph: The biggest thing that we've actually been dealing with for the past few years has been social engineering. More importantly, when someone, we always refer to them as bad actors, using email address that is made to look like either a bank or one of the accounting firms email, but it's really not. The easiest way to do this is sometimes they'll use an uppercase I to replace an L just as an example in an email address. Then if they're posing as a bank, they'll email the firm. If they're posing as the firm, they'll email client saying, "Hey, you didn't send this amount of money or payment for the services", whatever it may be, and asks you to send payment to a specified account. A lot of the times these aren't covered by cyber policies unless you have the specific endorsement coverage that covers four types of social engineering, it not being a breach, there's no breach that took place and the bad actor was using a legitimate email address. Now, while it wasn't the firm's, it was still a legitimate email address because they changed a letter or something in there to look like the firm or the bank's email address. There was again, no breach, no wrongdoing, so some cyber policies may not be able to provide coverage in that type of scenario. One of the big things that has come out of this is specific endorsements to provide coverage for social engineering or having firms also consider looking into separate crime coverage policies to cover any of those gray areas where cyber policy may or may not provide coverage for. April Walker: What about this scenario? I'm a firm, I have a security policy, I mostly abide by it, but I don't follow it to the letter. Is that a scenario where you might have trouble having your insurance claim paid? Rudy Rudolph: It's definitely possible. I highly recommend when you're going through either the renewal process or if you're getting a policy, a quote for a policy for the first time, definitely talking with your agent, your underwriter carrier, whoever you're dealing with, and making sure that you understand the policy requirements in terms of what are some of the standard requirements that you require your insureds to have in place. Usually they have either guides or expected basic security measures that they can send over that they expect their firms they have in place and implement it to ensure that they can provide coverage. Sometimes if you don't meet or don't have any of those standards in place, they could potentially deny coverage saying, hey, we sent you these standards so that you needed to have in place to be insured by us, because of this, you don't have these in place. This claim can't be covered because there was a certain level of expectation where we insured you that you would have in place and by not abiding by that, you're essentially voiding the coverage. Again, it depends. Each coverage or each policy is different. I would definitely recommend talking that through with your agent, your carrier, your underwriter to make sure that you're one, aware of any type of certain standards that you're required to have in place or should have in place, and making sure that you're meeting those requirements on a regular basis and reviewing that with them to make sure you're in compliance. April Walker: Perfect. Rudy, can you think of anything we haven't covered that you would like to make sure our listeners are aware of as they are considering and evaluating cyber insurance? Rudy Rudolph: This day and age, again, I feel like I'm being a dead horse and they keep coming back to the post-COVID reference, but everything has gone remote. Everyone's being able to work remote now, businesses that we didn't think would be be able to operate remotely were forced to change the way the entire world views working and how we operate nowadays and everything to an extent is relying on computers technology, being able to access information through a computer. I think you'd be naive to, one, not consider having this coverage in…

Full show notes at the publisher

Red flags and green lights when buying a CPA practice Aug 23, 2023

Show notes

In this episode, Mike Whitmore, CPA, Shareholder — HMA CPA, a member of the AICPA Tax Practice Management Committee, chats with April Walker, CPA, CGMA, Lead Manager — Tax Practice & Ethics, AICPA & CIMA, about a checklist of items to consider when in the market for acquiring a CPA firm. He highlights red flags to look out for and green lights that signal a firm is a "go" for acquisition, and what due diligence is needed to ensure the perfect fit.

What you'll learn in this episode

The most crucial due diligence aspect when shopping for a CPA firm (2:08)
Ideal time commitment you should dedicate to the due diligence stage (7:52)
Red flags to watch out for (9:43)
Green lights to follow (13:00)
Lessons learned and a real-life example (16:07)
A page from Mike's travel journal (18:54)

AICPA resources

Practice Management & Professional Standards — The AICPA Tax Section provides the guidance and tools you need to manage a successful tax practice and maintain the highest level of ethical standards in tax.

Keep your finger on the pulse of the dynamic and evolving tax landscape with insights from tax thought leaders in the AICPA Tax Section. The Tax Section Odyssey podcast includes a digest of tax developments, trending issues and practice management tips that you need to be aware of to elevate your professional development and your firm practices.

This resource is part of the robust tax resource library available from the AICPA Tax Section. The Tax Section is your go-to home base for staying up to date on the latest tax developments and providing the edge you need for upskilling your professional development. If you're not already a member, consider joining this prestigious community of your tax peers. You'll get free CPE, access to rich technical content such as our Annual Tax Compliance Kit, a weekly member newsletter and a digital subscription to The Tax Adviser.

Questions to ask clients about digital asset activities Aug 11, 2023

Show notes

In this episode two members of the AICPA Virtual Currency and Digital Assets Tax Task Force (VCDATTF), Nik Fahrer, CPA, Senior Manager, National Tax Professional Standards Group — FORVIS, and Robert Tobey, CPA, Partner — REID CPAs, LLP, share their expertise with April Walker, CPA, CGMA, Lead Manager — Tax Practice & Ethics, AICPA & CIMA, on how to vet potential clients with digital asset activities, including questions to ask, as well as how to gain more expertise in this evolving field. What you'll learn in this episode Expertise tax practitioners need to be proficient in the digital asset field (0:55) Best places and ways to gain digital asset tax expertise (3:00) Examples of processes and procedures to set in place before accepting a client with digital asset activities (5:59) Record keeping responsibilities (14:05) Red flags (15:04) Highlights from Rev. Rul. 2023-14 (16:41) Current projects of the VCDATTF (18:36) Final thoughts (20:48) Related resources Frequently asked questions on virtual currency transactions — IRS webpage explaining virtual currency questions and answers. AICPA resources Digital assets and virtual currency tax guidance and resources — Sharpen your tax knowledge on digital assets and understand the tax complexities and strategies involved with virtual currency and cryptocurrency. This hub is your go-to library for AICPA guidance and resources as well as current legislative and IRS initiatives and projects the VCDATTF is monitoring. Crypto Loss Tax Reporting: Fact or Fiction — With the prevalence of recent virtual currency exchange bankruptcies and digital asset volatility, taxpayers may have misconceptions on reporting tax losses. Rev. Rul. 2023-14 — The ruling provides that cash-method taxpayers who stake cryptocurrency native to a proof-of-stake blockchain and receive additional units of cryptocurrency when validation occurs (i.e., validation rewards) must include the fair market value (FMV) of proof-of-stake validation rewards in their gross income for the tax year in which they gain dominion and control over the validation rewards. AICPA Comments on the IRS Draft 2023 Forms 1040, 1065, 1120, and 1120-S Digital Asset Question — The AICPA submitted comments on the digital asset question that is first appearing on the draft 2023 Forms 1065, U.S. Return of Partnership Income (version dated June 23, 2023); 1120, U.S. Corporation Income Tax Return (version dated June 2, 2023); and 1120-S, U.S. Income Tax Return for an S Corporation (version dated June 22, 2023). The AICPA also commented on the draft 2023 Form 1040, U.S. Individual Income Tax Return (version dated June 22, 2023), digital asset question. AICPA Comments on Non-Fungible Tokens – Notice 2023-27 — The AICPA submitted comments on Notice 2023-27 on the treatment of certain non-fungible tokens (NFTs) as collectibles. The AICPA is requesting that Treasury and the IRS provide further guidance on the issues suggested in our comments. Transcript April Walker: Hello everyone and welcome to the AICPA's Tax Section Odyssey podcast, where we offer thought leadership on all things tax facing the profession. I'm April Walker, a Lead Manager from the Tax Section, and I'm here today with Robert Tobey and Nik Fahrer to delve into how to interact with clients and potential clients that may have digital asset activity. Nik and Robert are on the AICPA's Virtual Currency and Digital Assets Tax Taskforce so I thought they would be perfect to share some thoughts with us today. Digital assets, virtual currency, there's so many different terms of art here. Cryptocurrency. It is such a unique and fast-moving field. Kick us off with what kind of expertise is needed to be able to be proficient in this area. Proficient is maybe a hard word, but at least to be able to practice in this area. Robert Tobey: First of all, you have to have a general understanding of the different types of digital assets that are out there. Right now, in particular, practitioners are probably dealing mostly with cryptocurrency, miners, traders, stakers, and non-fungible tokens which indicate a specific ownership interest (it's like a derivative of some type of underlying asset). You need to have an understanding of what each type of these assets are. Since the tax code treats them as property from each one of these activities. If you are a miner, that's generally self-employment income. If you're an investor, that is just buying and selling, that's long or short-term capital gains. If it's NFTs, that's treated generally as a collectible and that's taxed at 28% if it has a gain. That is ordinary income also, but the timing of recognizing that is still up for debate. Really unless you have an understanding, my feeling is if a client comes to you or if you have these types of assets, you should seek out council, an accountant, a lawyer that understands these types of assets. If you're a practitioner and a client comes to you and you're unsure, you should seek out help from the digital asset task force where we can answer some of your questions. But this is one of those areas because the rules are so different and the different types of assets have different attributes to them. If you're unsure, don't practice in this area unless you really know what you're doing. Walker: We're going to talk a little bit more about some of those questions a little bit later, but I like to think about it. It's a whole new vocabulary. It's a whole new vocabulary for understanding — what even is staking? You have to understand that stuff so that's a great way to kick us off. Nik, as you're trying to think about learning this, where have you found to be the best place to gain expertise in this area? Nik Fahrer: First of all, thank you April for having me on here today. Walker: Yes. Thank you for joining me. Fahrer: The first piece of advice that I would recommend is just dabble in this on your own. Find some insignificant amount of money, and just go out there and play around with it. I think the best way that you can learn something and the mechanics of how these things actually work is to sign up for an account on a centralized exchange, just to name a few in the US would be Coinbase, Kraken or Gemini. Put an insignificant amount of money in there. Buy, sell, but then take it even further. Don't just buy and sell on a decentralized exchange, send it to a non-custodial wallet and connect it to a decentralized application, like a decentralized exchange and play around with it on there. Stake some of your crypto to see how that works and just generally figure out the mechanics. I think that's generally the best way to understand what some of these words mean. It really feels like there's a entirely new vocabulary when you get into the space. When a client comes to you and they're like, "Hey, I just staked some Ethereum and earned X amount of dollars through staking." You're probably wondering what the heck is staking? Doing it on your own with an insignificant amount of money is a really easy way to learn how this stuff works. But taking it a step further, if you want to learn how these applications within this new technology actually apply within the Internal Revenue Code, the AICPA has a really good webpage. IRS has an FAQ webpage. They also have a web page dedicated specifically to digital assets where you can go out and see all of their guidance that they've previously issued, both binding and unbinding guidance that they've issued out there. That's a really good resource as well. I would start there with those two things and then just be a critical thinker. Try to understand as you're working with your clients in this space, where are the risks and then also, what's the cost versus benefit analysis? If a client comes to you and says, "Hey, I did all these hundreds of thousands of transactions in crypto," and they tried to turn over an Excel document to you to go through and calculate all of their basis and proceeds. That's going to be a huge time suck. Is that really worth the cost versus what may actually be captured on the client's tax return could end up being an overall net $1,000 gain? Use some common sense as well and just try to understand what are the risks, but also what's the cost versus benefit analysis here? Walker: I like that and thank you for bringing up the AICPA's page. We'll put a link to that in our show notes and as well as the IRS page. Robert, you are a partner at Reed Accountants and Advisers. Talk to us a little bit about is there any specific processes or procedures in place that you guys have before you either accept a client that has digital asset activities or how you're dealing with a client that might start dabbling in it? Also while you're at it, just talk to us a about advice you might have for those with smaller practices. Tobey: It's interesting if someone comes to us and is just a trader. Like they have a Merrill Lynch account for cryptocurrency. There's not a lot of risk in that type of account and it's easier for us to accept and understand because they're trading — it's like they're trading stock. If they hold it, they can be a trader in the securities which allows them to deduct their expenses differently then if they're an investor. If they are an investor, they may be holding it for long-term gains, [but the trader is] going to have short-term capital gains and losses. That's easier to understand. If somebody comes to me and says, I'm a miner, and I'm working with a client right now, that's a miner. I go fine. What do you mean by you are a miner? What do you do? Where do you do it? What currencies are you working with? Where is your mining rig located? Because that has some state income tax implications with respect to it. This guy lives in Connecticut and his mining rig is in a facility that hosts it in Texas. When you mine, it's like you're self-employed and you're earning income. What do you do with that income once you earn it? You recognize it as ordinary income, you deduct your Sec. 162 ordinary necessary business expenses against this. But now you have cryptocurrency, that once you hold it in your hands, it is an investing type of asset. What do you do with it once you have it? Are you staking with it? Are you trading it? Are you holding it for investment? Because of the complexities of the subject matter, I go through a lot of questions. I have a checklist of questions I go through to ask people who were more than merely investors (like they hold stocks) in cryptocurrency before we choose to accept them. You [have] to make sure that there's not any risk with respect to this. Are they doing things offshore? Are they doing them in a manner where there's some subterfuge about what they're owning because they want to potentially hide their assets offshore? There's also firm risk that we have to take into consideration. Then once I talk to them, I determined what a fee might be because this is generally complicated stuff [more than for a] regular tax return. Our firm is really trying to get away from just doing standalone 1040, so we're talking to a lot of businesses. I'm talking to a cryptocurrency venture fund to figure out what they're doing and how I might be able to help them. That brings another level of complexity. I lived in Charlottesville, Virginia for 25 years and there are a lot of small practitioners down there that serve the community. They're more likely to see someone who's a trader. They really need to go to either the AICPA website or the IRS's website and become familiar with the rules regarding cryptocurrency of recognizing gains and losses and what types of gains and losses are there. Also they need to understand the fact that sometimes regular security rules don't come into play here because investing in cryptocurrency is not subject to the wash sale [rules]. There are some unique aspects to it that they really need to understand. Again if I'll go back and say what I said before. If you're unsure of it, don't put your toe in the water. If you're going to work in this area, at least get up to your knee, so you understand what's going on and you have some technical background with respect to it. Walker: I think that's great advice. Also, it's more than just asking the very simple question that you have to ask to be able to check the box on the 1040. I like that. You need to think about and ask what those different levels of deeper engagement questions are. Nik, what about you? You're at FORVIS, so a bigger firm. [Do you have] additional steps, or additional recommendations you have about when you're dealing with clients with digital asset activities? Fahrer: Absolutely. I can speak to that. The best piece of advice that I would say is, let's start with the basics first. Let's not complicate things before we get too far down the road, but let's first ask those basic questions of, one, do you have the competency to serve this client, or does someone in your firm have the competency to serve this client? Two, what is the reputation of the client and is this a client that you want to be connected with and work with? Maybe one that is not so obvious is can they pay your bill? Robert alluded to this a little bit earlier, but these are complex issues. Maybe the fees are a little bit higher than normal. Is this something where you need to be concerned about the volatility in the market and the client may be underwater in their investments and not as liquid in their cash position. Let's ask those basic questions first and then we can start to move into the more digital asset specific questions that need to be asked in that client acceptance. This isn't fully inclusive, but some of those could be how clean are their records? That's probably the biggest one that you want to ask is where are you keeping track of all your records, especially if the client gets off of a centralized exchange. I alluded to this earlier whenever I was talking about how to get expertise, or some experience and doing it on your own. Don't just stick to a centralized exchange. Send your crypto to a non-custodial wallet, play around with on-chain transactions, because more than likely that's what your clients are going to be doing that need your help. Then now that you have this experience on your own, you can relate to them and know what to look for when they come to you, and know what to expect in the recordkeeping as well. [For] on-chain transactions, there's a record of all of them on the blockchain, but there's no standard 1099 reporting, at least as of yet. We're waiting for some more guidance from the IRS here, or Treasury, one of the two, to understand what the standardized reporting is going to look like in the future. Because of that, there are software companies out there and I'll just name a few that can help automate the on-chain transaction reporting. [For example] CoinTracker, or Ledgible, or Cryptio, or a Bitwave are several of them out there. That's not all inclusive. There is more than just those. But they can basically connect their software to the clients wallets and exchanges and it will automate a vast majority of the transactions, and a lot of them will even raise red flags if they are unable to match cost basis, based on all of the wallets and exchanges that they've connected into that software. That's another thing that helps you as a practitioner know, hey, the client hasn't given me all their information. They say they've connected to all of their wallet…

Full show notes at the publisher

Recruit, retain and repeat Jul 25, 2023

Show notes

In this episode, Tim O'Neill, CPA, Senior Tax Manager — Wipfli LLP, joins April Walker, CPA, CGMA, Lead Manager — Tax Practice & Ethics, AICPA & CIMA, live from ENGAGE 2023 to discuss the current environment for recruitment and retention of employees in tax and how to build deeper connections with staff to help them feel more invested in their organizations.

What you'll learn in this episode

Strategies for employee retention and engagement (1:01)
Differences between a "manager" and a "leader" (2:48)
What it means to prioritize outcomes vs. outputs (5:04)
The notion of no more timesheets (7:20)
Final thoughts (8:05)
A page from Tim's travel journal (9:31)

Related resources

Practice Management & Professional Standards — The AICPA Tax Section provides the guidance and tools you need to manage a successful tax practice and maintain the highest level of ethical standards in tax.
Reimagining your tax practice — Tackle today's top practice management issues with insights and tips from pioneers in the tax community. The Reimagining Your Tax Practice webcast series will tackle these issues and more in a Q&A roundtable series with tax pioneers from the profession.

Transcript

April Walker: Hello everyone and welcome to the AICPA's Tax Section Odyssey podcast, where we offer thought leadership on all things tax facing the profession. I'm April Walker, Lead Manager from the Tax Section, and I'm here today with Tim O'Neill. He is a Senior Tax Manager with Wipli in St. Louis. Welcome, Tim.

Tim O'Neill: Thank you. Thank you for having me.

Walker: Yeah. We're here together today recording at the ENGAGE conference.

O'Neill: That's all right live in person.

Walker: Yeah and yesterday I attended Tim's session which was titled, "Recruit, Retain, Repeat." Welcome Tim. I thought we could share some of your insights with our listeners from your session.

O'Neill: I'd love to.

Walker: I don't think it is a new concept for people listening today that recruitment and retention are a huge problem in tax and accounting profession, that sort of thing. I thought maybe from your perspective, you could share a few strategies that you have found that worked for you for employee retention and engagement.

O'Neill: Yeah, absolutely. Like you mentioned, this is the million or $2 million question.

Walker: Yeah, for sure.

O'Neill: What can we do as leaders to try and increase our retention increase overall employee experience? Really there's no right or wrong answers — it's all very individualized.

But what I found through my experience with AICPA committees, my experience within Wipfli, prior firms or organizations that I've worked with is being an effective leader and authentic is the best way to build these deeper connections with staff and employees that really makes them feel invested in the overall organization. I'm trying to think of some of the more important things that we've done, but it's just so individualized.

It's difficult to an extent, but if you can get across the idea that we don't need to put together these formal programs to help retention. It really doesn't come down to that. It's just about being transparent, authentic and empathetic is a big one that we've seen.

With sessions here there is a lot of talk about being an empathetic leader. We've had tons of sessions on ideas about what can we do internally and externally to help retain employees. Obviously outside of maybe the psychology of the retention, recruiting and rewarding employees, maybe look at some of the action items, some low-cost solutions, mid cost solutions, high cost solutions, I'm happy to talk more about any of those.

Walker: You mentioned some of these characteristics, but one thing you talked about yesterday that really resonated with me was talking about differences between a manager and a leader. I think we can all agree that there is a difference.

O'Neill: There is a huge difference.

Walker: Maybe talk about some of those differences and for those people who see themselves as a leader — How do they figure out like where they land on that spectrum?

O'Neill: Yeah, and it's funny, you said — "some individuals see themselves as a leader" — we like to call those the heroes of their own stories. Is that a great leadership quality? Probably not. They might think that they're fantastic leaders, but they're not necessarily connected on that personal level with a lot of their employees or direct reports.

Honestly, to me, the difference between a manager and a leader, it's mainly…we think about a manager is very work centric. They're more about how and when are we going to get the work done? They're very much more process focused than people focused.

A leader on the other hand, they're more what and why? What are we doing? What can we do? Why are we doing this? Being transparent and showing the thought process behind all of it, and being able to communicate that to the individuals within their organization. That is, by far the largest difference between the two.

As we have been talking about pipeline challenges, the leaders within organizations — and this is not just specific to accounting, but really every industry. We've had to evolve over the last, let's say, three years with COVID and everything that was fallout from that. We've had to evolve and say we need to be much more hands-on and personalized with our approach.

Walker: You mentioned this, but I really liked when you talking about prioritizing outcome versus output. As I work with firms and members trying to help them with some of these issues and we've worked with a lot of small firms.

You're from a bigger firm, but you may have experience with or some ideas and thinking about how that can work like shifting with limited resources. How or what does it mean? What does it mean to be prioritized outcome versus output?

O'Neill: Sure. Even Wipfli, we're a top 20 CPA firm, but we do a very good job of operating as a collaborative group of smaller firms. We're in quite a few markets. But we do a very good job of still having that small firm feeling.

The firm that I was with previously, we merged in with Wipfli. We're about 100 person firm in St. Louis. I have a little bit of experience at a, we'll call it a smaller firm and culturally we aligned really well. Both firms are obviously based out of the Midwest and so on a cultural level, we had the same identity. Again, it gets into the hands-on personalized leadership approach, outcome versus output.

Billable hours — that's the driving force in public accounting. Let's get our billable hours up because this is where we make our money. But is that really where we make all of our money? Or do we have value in some of these hours that individuals are working?

We like to call them impact hours. Is there value in these hours that maybe we can't charge the client for it, but we're definitely [either the staff or the client even to an extent] getting value from it. Think of CPE, performance coaching, mentoring, client relations. Those are all impact hours.

What we've tried to do in both of my previous firm and Wipfli is we don't want to emphasize the billable hour as long as we're getting the outcome that we need and we're getting the client is first and foremost, served. At what point are we punishing efficiency? There are a lot of individuals that can get done in 20 hours while somebody else can get done in 40 hours. At what point are we punishing their efficiency and it's defeating to those individuals.

Walker: You talked about and it's so true. How they're punished as they get more work, like they can do 20 hours. Thank you so much. Sir may I have some more?

O'Neill: There was one brave lady in the audience, but that's exactly what I asked. I said what happens when you're good at your job and it was silent and she said, you get more work.

Walker: It's true. Something else you've made me think about, have you gone to any sessions that we've have talked about the no time sheets thing?

O'Neill: That's the rumbling. I've got a couple of people ask me, "Have you heard this idea of no more time sheets?" I said I haven't heard this idea.

Walker: Yeah, I've known some people that have been able to do it, but it's fascinating.

O'Neill: It's funny. We all know people that have been in public accounting and they've left, and I've got close friends that have moved into a new career paths within the CPA realm, but new career paths. I said, What do you enjoy the most? No time sheets. I don't have to keep track of every six minutes of my day.

Walker: True, you never know, we're always evolving.

O'Neill: Yeah, that's right.

Walker: As we're wrapping up, do you have any other thoughts on whether there's a magic bullet to solve this problem? You've actually already answered that question. There's not a magic bullet, but do you have some closing thoughts for us as we're thinking about this important topic about recruiting and retaining good employees.

O'Neill: Yeah, there really is no magic bullet.

One of the slides that I had in my presentation talked about the employee value proposition. As an organization, we have to be competitive in some of the basic stuff. So think benefits, compensation, some of the well-being programs that we offer and flexibility.

But really what it comes down to is there's no one-size-fits-all. There is no silver bullet because everybody is their own individual person and what I feel to be the most effective is taking this idea of being a human-centered leader and having the employee experience driven by the associate themselves. I want them to come to me and tell me what they want do. I need to be, again, genuine and saying, I'm here to help you. I want to help you.

We've heard the old saying, people don't quit jobs, they quit people. Now they're not staying for jobs. They're staying for people who have evolved into that human centered leader. That's where we're going to build the strongest relationships and where we are going to see higher retention.

Walker: Awesome. Tim, thanks for joining me. In closing, I'd like to do a little fun thing where we're taking a journey together towards a better profession. I like to get a glimpse of my guests other travel journeys. Tell us about a bucket list travel location you have on the books or something fun to share.

O'Neill: Bucket lists and travel. I tell you June has been the traveling month for me. I was in Nashville for the Craft Brewers Conference, I have a lot of craft brewery clients.

Walker: We will have to talk about that later.

O'Neill: Then Vegas and then I'm shipping off with my family here in about three days to go to Key Biscane for a week or so. Then I'm in Dallas for another conference and so all over. But bucket list — I'm a big rugby fan. I'll preference this with saying huge Ireland rugby fan. That's all in the last name O'Neill.

Walker: Got it.

O'Neill: Definitely make it out to the Six Nations tournament over in Ireland for one of the home matches. That's a bucket list trip for me for sure.

Walker: Very good. I'm actually headed to London on Sunday. Fun stuff. No rugby or anything.

O'Neill: No, that's okay. From the desert to the rain.

Walker: There you go. Thank you again. So again, this is April Walker from the AICPA Tax Section. This community is your go-to source for technical guidance and resources designed especially for CPA tax practitioners like you in mind.

S corps and Revenue Ruling 2008-18 F reorgs with Tony Nitti Jul 12, 2023

Show notes

In this episode Tony Nitti, CPA, Partner — National Tax, EY, joins April Walker, CPA, CGMA, Lead Manager — Tax Practice & Ethics, AICPA & CIMA, live from ENGAGE 2023 to discuss S corporations and Rev. Rul. 2008-18, delving into S corporation reorganizations. What you'll learn in this episode Overview and applicability (1:56) Hypothetical example (3:14) Review of Rev. Proc. 2022-19 and fixes to prevent invalid S elections (8:58) The extra step when an S Corp owns 100% of a QSub (15:33) Relevant articles from The Tax Adviser (24:40) A page from Tony's travel journal (24:56) Related resources Rev. Rul. 2008-18 — Postulates two situations in which an S corporation becomes a qualified subchapter S subsidiary (QSub) of a newly formed corporation that will qualify as an F reorganization. The ruling also provides new guidance on the proper employer identification number (EIN) to be used by the entities in each situation. Private equity and F reorganizations involving S corporations — The Tax Adviser, Sept. 1, 2020 6 reasons an S corporation wouldn't need a PLR | Tax Section Odyssey — Rev. Proc. 2022-19 provides procedures to allow S corporations and their shareholders to resolve frequently encountered issues without requesting a PLR. April Walker: Listen today to learn more about S corps and Revenue Ruling 2008-18 F-Reorgs with Tony Nitti. Hi everyone and welcome to this collaboration between the JOA podcast, and the AICPA's Tax Section Odyssey podcast. I'm April Walker, a Lead Manager from the Tax Section. On the AICPA's Tax Section Odyssey podcast, we offer thought leadership on all things tax facing the profession. Today I'm here with Tony Nitti. Tony is a partner at EY National Tax. He is a frequent guest of the show. I'm even more excited to be recording this today because we are recording together in person at the ENGAGE conference. I asked Tony what he thought was important to talk about today. He brought up the topic that he is hearing a lot about, a lot of confusion about, a lot of misunderstandings about and that is an F reorg structure used in acquiring an S corporation in Revenue Ruling 2008-18. First of all, for those who might be listening, who went like me, help, I need an overview of what you're even, talking about Tony. Talk to us about how this might apply, when it might apply if you have clients who either might be the acquirer or the target. What are we talking about here? Tony Nitti: First things first, yes, it's good to be back together. It's become a bit of an annual tradition. Walker: It has. Nitti: Then, just before I came in here, I was surprised to learn that there's a trivia question where I was the first guest on an AICPA Town Hall. Is that right? I had no idea. Everything from 2020-2022 is a blur. What we're going to talk about today, when we call it either these F reorg or 2008-18 transactions, it is the most popular way in the current climate for someone to acquire an S corporation. We know that private equity is getting involved with acquiring everything and so oftentimes it is private equity that wants to acquire an S corporation. Obviously if they were to go out and acquire shares directly, the S election is going to terminate, and then you've got a C corp on your hands, there's whole bunch of other things going on. This has become the go-to transaction, and we'll talk through it step-by-step from both the buyer and seller perspective. But the reason I thought it was worth talking about today is just because something in the tax law has become very popular, does not mean that it's necessarily well understood. We've experienced that thing before, where the more you stop and actually think about this stuff, the more you go, why are we doing these steps that we're doing, or why is it a transaction that we use and sometimes we just follow what everyone else is doing and don't really think about what are we accomplishing, what are we not accomplishing and other things. I just thought it would be fun to come in, talk for about 30 minutes or maybe less about what this transaction does? What it does''t do? When we want to consider it? When we do''t then, that whole thing? Walker: Sounds great. Nitti: Let's start with the hypothetical. It's going to be the best way to explain all this. Let's keep it simple. We've got private equity, setup as a partnership, and they would like to acquire the business operated by a current S corp. Here at AICPA ENGAGE, anybody that's here on the tax side, they've got S corp clients. A lot of times we will be the ones representing the seller. It's important to understand what this transaction holds for the seller, but there's also going to be plenty of times where we represent a client that wants to buy an S corporation, so we got to think about those buyer considerations as well. Let's just say we've got this private equity partnership that wants to buy this S corporation, 99 times out of 100, and this is something I'll talk about tomorrow in my M&A class, a buyer is going to want to buy assets. They're going to want to buy assets because they're going to want to get a stepped up basis in those assets for depreciation and amortization purposes. But sometimes the buyer can't buy assets. Because maybe those assets are not transferable, maybe for a particular business reason they need to acquire the legal interests in an entity, so that the EIN stays alive. You know how M&A works — like something's going to force your hand. From a buyer's perspective here it's how can I accomplish both of these things? How can I acquire the legal interests in this S corp target, but yet get this stepped up basis and the underlying assets? For years, the way we tried to accomplish that is by having the buyer and the selling shareholders of S corporation jointly make an election under 338(h)(10) or more recently 336(e). That election was a magic bullet, but only for the buyer, and I'll explain that. Like for the buyer, you make that election and for legal purposes, you're treated as buying the stock because that's what you bought. But for tax purposes, this fiction is created where the target S corporation is deemed to have sold all of its assets to a newly formed corporation owned by the buyer, and that gives them the step-up in basis and assets that they want. It's win-win for the buyer. It's not win-win for the seller. The seller is giving something away because had they simply sold stock and not made a 338(h)(10) election, they get straight capital gains rates. But by making this election, they have to live with the deemed consequences of the S corp selling its assets, which means some of that gain may be converted to ordinary income if they have cash basis receivables or inventory or whatever it may be. This really is more of a fix from a buyer perspective than anything else. Now, there's something in it for the seller in the sense that the buyer is going to have to pay them for that incremental tax cost. But that's where we looked for a buyer to be able to get this best of both worlds — a step-up in basis, but keep the legal entity alive. It was always 338(h)(10), always 336(e). But there are limitations to those two types of transactions. For example, you have to acquire 80% of the stock of an S corp to make an 338(h)(10) or 336(e) and so if private equity only wants 50% of this business, that's off the table. Another thing is let's say you're not going to buy all of it, but you are going to buy more than 80%. It's not like the 10% interest that the shareholders of the target retain is going to be tax-free. The way a 338(h)(10) or 336(e) election works is if private equity comes in and buys 90%, the other 10% is still treated as if they sold their interests as well. They still have to deal with the consequences of the asset gains. You can't have any tax-free deferrals, there are limited types of entities that can be a purchaser in a 338(h)(10), and so private equity as a partnership cannot do it. It would have to set up a corporation. You get the idea. There's a bunch of potential limitations there. But the biggest limiting factor and really what's caused this change in this transaction type is the fact that there are a limited type of targets in a 338(h)(10). One is a subsidiary in a consolidated group. One is a subsidiary in an affiliated group that could file a consolidated but doesn't and the other is an S corporation. What you don't hear in those three types of eligible targets is a standalone C corporation. What that means is if someone is looking to buy, an S corporation and make a 338(h)(10) election or 336(e) election, they have to be sure that [the] S election is valid. Because if it's not valid, that's not an S corp you're buying, it's a C corp. If you buy the stock [of] a C corp, it's a standalone C Corp and the 338(h)(10)or 336(e)election isn't valid either. You just spent 30, 40, 50 million on something anticipating a step-up in basis in assets and if it turns out that S election was invalid and you just bought C corp stock, you don't have that step-up in basis. There's this disconnect I feel some times where 90% of the tax industry thinks that if somebody says [they're] an S corp, they're an S corp but there's not going to be any problems there. Then the other 20% works enough in due diligence or it's just been around long enough to realize that there's some real truth to this saying that permeates what I do, chairing sub S for EY, and it said in jest, but like I said, there's some truth. You show me an S corp, I'll show you an invalid S corp. If you do enough due diligence, there's going to be things that arise that make you say, I don't think this is valid or I'm worried that it's not. The point is the second a buyer who's looking to spend significant cash on a business realizes that there could be a skeleton in the closet for that S election, you don't want to go forward with an (h)(10) or 336(e) because the risk is to you as the buyer. The risk is that you lose all of that step-up. Walker: Does that tie back to our previous time we were together and ways to cure an S election? Nitti: It does. You're referencing Rev Proc 2022-19, which gives us an avenue in some respects to fix some of these problems that would cause an S election from being valid. But practically speaking, when the numbers are big enough and a buyer is looking to acquire company, the second they get an inkling that something is wrong with that S election, even if you tell them it can be cured, they say, I want to pivot to something else to make sure I get what I came after. What I came after is the step up. That's where this transaction came into vogue. Because how else if we're not going to do an (h)(10), if we're not going to do a 336(e), how else for example, can private equity go out and acquire some or all of the business of an S corp while one, keeping the legal entity alive and retaining the EIN. Two, getting a step-up in basis of the assets. Three, getting to continue to operate this business in flow through form. Because that wasn't available via an (h)(10) or something like that because, it would become a corporation because it'd be owned by another corporation. Four, being able to offer potential tax-free rollover to some of the sellers. Like where else can you get all those things and not having to acquire 80%? It really was a wasteland of options until this Rev Ruling 2008-18, came around and said, okay, there is a path forward here now to accomplish all of these things. Most importantly, is to still get our step-up as the buyer, even if this S election is invalid. It's not a complicated transaction at all. The reason I thought it was worth talking about today is that it's amazing- I've talked to some people who've done dozens of these but it's almost just because it's a formula they follow and they don't actually understand what each step does, or maybe more importantly doesn't accomplish. It would work like this. You would say to the seller, hey, we've got concerns about your S selection being valid, so I'm not buying your stock because I'm the one that gets stuck holding the bag if I just bought a C corporation and not an S corporation. I paid you for the step-up and I didn't get the step-up. I want you as the seller to undergo this pre-transaction restructuring. It's all on the seller side and it's not complicated at all. Step one, the sellers, and let's just say you and I are 50/50 shareholders at this S corp. I always like using you in my example. You and I are sellers of this S corporation. We form a brand new holding Corporation and we transfer our 50/50 interests in what I'll refer to now as the target S corporation into this new corporation. Then we immediately elect to treat that target as a qualified subchapter S subsidiary or a QSub. When an election is made to treat a subsidiary of an S corp as a QSub, it's treated as having liquidated into its parent S corporation, and it's just disregarded from any separate existence. Now, what you didn't hear there, which you may be curious about is, I said we formed a new corporation, transferred an S corp into it, made it QSub election for it. I didn't say that new corporation was formed as an S corporation. You can be like, how are you making a QSub election when the parent is not yet an S? But what this Rev Rule 2008-18 tells us, it builds off earlier principles from Rev Rule 64-250 and says that the combination of those steps, the formation of a new corporation, transfer of an S corp to that corporation, and then immediate QSub election for that former S corp, it all combines into what we call a tax-free reorganization under Sec. 368(a)(1)(f). What that means is it's a big fat tax zero. Nothing happens. Because nothing happened, that newco that we set up is just considered to be a continuation of the target. The reason we didn't have to make an S election for it is because the S election of the target carried over to this newco. If you are certain that the S election of the target is valid, and if you are, we're probably not doing this whole thing. But if you were certain, it's funny you'll find that there's no requirement to file a new S election for the parent. Instead, when you make the QSub election on the 8869, there's actually a box that was added that says this QSub election is being made in accordance with a Rev Ruling 2008-18 transaction, and that just notifies the IRS that the S election of this company now carries over to the new company. If we stop right there, like we haven't really accomplished anything. We've got a new company, a newco that's an S corp that owns a disregarded entity as a QSub. Now, if you're worried that the S election was bad and usually you are, you would probably make a protective new 2553 filing for the newco. But what this does, and I just want to point this out now, is eventually this newco S corp is going to be selling this business, selling this disregarded entity. What this doesn't do with this transaction and this is where a lot of confusion comes in, it doesn't do anything to cure the bad S election. If we think about it, if the company had been bad and sold its assets as a C Corp, there would have been corporate level tax. Going through these steps doesn't change that at all. Because if we form a new S and transfer the stock of what was a bad S to that new S and make…

Full show notes at the publisher

Disrupting your technology with Jason Staats Jun 15, 2023

Show notes

In this episode Jason Staats, CPA, MBA, Firm Runner and Content Creator — Realize, joins April Walker, CPA, CGMA, Lead Manager — Tax Practice & Ethics, AICPA & CIMA, live from ENGAGE 2023 to highlight the fast-paced world of transformational technology and its prominent impact on the accounting profession. He explores how emerging technologies including artificial intelligence (AI) are not only changing the way things are done but also redefining the rules of the game.

What you'll learn in this episode

Getting started with cutting-edge technology (1:30)
Tips from a practice management standpoint (3:17)
Ways firms can incorporate AI such as ChatGPT (5:26)
Tips for memo and email enhancements (8:28)
The optimal time to incorporate/upgrade technology (10:05)
Jason's parting thoughts (12:09)
A page from Donny's travel journal (12:56)

Related resources

Jason.CPA YouTube channel — Jason Staats talks about how to build calm, sustainable accounting firms.
The digital download — ChatGPT, AI and data security | Tax Section Odyssey — AI is transformational for the tax profession. In this Tax Section Odyssey episode Ashley Francis, CPA, shares her experience with ChatGPT and BingAI.
AICPA Technology Library — Technology is evolving at an unprecedented speed and affects each of us in almost all facets of life and business. This hub provides you with access to the latest technology information, tools and resources to best serve your clients or support the organization where you work.

Keep your finger on the pulse of the dynamic and evolving tax landscape with insights from tax thought leaders in the AICPA Tax Section. The Tax Section Odyssey podcast includes a digest of tax developments, trending issues and practice management tips that you need to be aware of to elevate your professional development and your firm practices.

Accounting transformation with Donny Shimamoto Jun 01, 2023

Show notes

The future of accounting continues to require more automated processes and less transactional work, and accountants will be expected to lead the charge. More and more, accountants rely on cloud software and artificial intelligence and boost their soft skills and leadership prowess to excel in the profession.

Additionally, with cybersecurity threats on the rise, being proactive before a cyber incident happens is key — understanding potential threats, identifying vulnerabilities and planning around security optimization. Adherence to cybersecurity frameworks will continue to be important, and financial institutions must comply with the Safeguards Rule as set forth by the Federal Trade Commission (FTC). Although updates to the Safeguards Rule are set to take effect on June 9, 2023, the requirement for each financial institution to implement an information security program has been in effect since May 23, 2003.

Listen in as Donny C. Shimamoto, CPA/CITP, CGMA, Owner — IntrapriseTechKnowlogies LLC, chats with April Walker, CPA, CGMA, Lead Manager — Tax Practice & Ethics, AICPA & CIMA, on these topics and highlights the latest with regards to written information security plans as well as learning, networking and research opportunities available to practitioners.

What you'll learn in this episode

Takeaways from the recent webcast: Tax Practice Quarterly: Cutting-Edge Cybersecurity in 2023 (1:20)
Q&A available with the webcast archive (3:53)
Preview of Donny's session at the upcoming ENGAGE 2023 conference (4:41)
Center for Accounting Transformation research surveys (8:03)
A page from Donny's travel journal (13:00)

Related resources

ENGAGE 2023 conference — ENGAGE 23 will help you evolve by turning the pace of change from a challenge to an opportunity. With nine tracks of expert content, you'll gain exclusive insights, develop practical skills and walk away with tangible guidance to evolve at your own pace. Join us in June at the ARIA in Las Vegas or live online.
Gramm-Leach-Bliley Act Information Security Plan Template — The Gramm-Leach-Bliley Act requires financial institutions to have a written information security plan. Use this template to document your firm's policies.
Webcast archive: Tax Practice Quarterly: Cutting-Edge Cybersecurity in 2023 — Jeffrey Birnbach, Senior Partner & Managing Director — Sylint, and Donny C. Shimamoto, CPA/CITP, CGMA, Founder & Managing Director — IntrapriseTechKnowlogies LLC, provided practical advice on mitigating cybersecurity incidents and protecting data privacy in this recent webcast from May 2023. Center for Accounting Transformation is conducting research on two important topics. Voice your opinions in the Advisory Services Research Survey and Staffing Strategies Research Survey.

The 5 Ws of beneficial ownership information (BOI) reporting May 17, 2023

Show notes

Starting Jan. 1, 2024, most companies created in or registered to do business in the U.S. will need to report information on their beneficial owners to the Financial Crimes Enforcement Network (FinCEN) under the Corporate Transparency Act (CTA). In 2024, 32.6 million entities should submit their initial BOI reports with approximately 5 million initial BOI reports filed each year thereafter. The AICPA, as part of a coalition, calls attention to the new BOI reporting requirements to taxpayers and practitioners.

Listen in as Art Auerbach, CPA and Andy Mattson, CPA, Tax Partner — Moss Adams LLP, delve into the 5 Ws (who, what, where, when and why) of BOI reporting with April Walker, CPA, CGMA, Lead Manager — Tax Practice & Ethics, AICPA & CIMA to help raise awareness that is critically needed.

What you'll learn in this episode

Why is BOI important? (0:54)
Who must file and who is exempt? (2:55)
When must entities file? (8:01)
What are the reporting obligations? (11:04)
Where to file (what agency) and other concerns, including the potential for unauthorized practice of law? (15:00)
Resources to help (21:59)
Final thoughts (22:32)
A page from Art and Andy's travel journals (24:56)

Related resources

AICPA BOI reporting resources — Access resources (FAQs, summary of data fields, advocacy efforts, etc.) to learn about the BOI reporting requirement under FinCEN's CTA.
FinCEN BOI reporting resources — FinCEN resources on reporting requirements, fact sheets and FAQ.

The digital download — ChatGPT, AI and data security May 03, 2023

Show notes

Artificial intelligence (AI) is the simulation of human intelligence by machines, and the applications for use are rapidly increasing each day. Chatbots such as ChatGPT and BingAI are at the forefront of this movement, but Ashley Francis, CPA, Owner — The Francis Group, PLLC, notes that more than 1,500 similar AI were released in the past week.

Listen in as Ashley shares more insights with April Walker, CPA, CGMA, Lead Manager — Tax Practice & Ethics, AICPA & CIMA, including how AI is positioned to transform the future of tax compliance.

What you'll learn in this episode

Why the time is ripe for AI and why it creates both excitement and anxiety (0:48)
Other players on the scene besides ChatGPT (5:03)
The more exciting implications of AI for tax practitioners (9:07)
Is this just a fad? (13:52)
Tips for getting started (16:29)
How to create a helpful prompt (19:48)
Data security concerns, legal and ethical concerns and tips for risk mitigation (26:18)
A page from Ashley's travel journal (30:05)

Related resources

The Francis Group, PLLC — At The Francis Group, Ashley offers expert technical services and personalized service to sophisticated taxpayers and family entities with high net worth. Ashley can also be found on Twitter.
AICPA & CIMA ENGAGE 2023 — June 5–8, 2023 (live onsite at Aria Resort & Casino, Las Vegas, NV, or online), will help you evolve by turning the pace of change from a challenge to an opportunity. With nine tracks of expert content, you'll gain exclusive insights, develop practical skills and walk away with tangible guidance to evolve at your own pace.
Technology resource center — Technology is evolving at an unprecedented speed and affects each of us in almost all facets of life and business. This hub provides you with access to the latest technology information, tools and resources to best serve your clients or support the organization where you work.

This resource is part of the robust tax resource library available from the AICPA Tax Section. The Tax Section is your go-to home base for staying up to date on the latest tax developments and providing the edge you need for upskilling your professional development. If you're not already a member, consider joining this prestigious community of your tax peers. You'll get free CPE, access to rich technical content such as our Annual Tax Compliance Kit, a weekly member newsletter and a digital subscription to The Tax Adviser.

The pizza tracker protocol for tax season and other solutions Apr 19, 2023

Show notes

April 18 marks the close of tax season 2023. This is a time for many practitioners to reflect on the past few months and decide what went well and what could be improved for future tax seasons ahead.

Nicole Davis, CPA, has one word to encapsulate this tax season. She also shares her wins and challenges along with solutions she implemented including the pizza tracker protocol and videos.

What you'll learn in this episode

Tax season 2023 defined in one word (1.24)
Changes/improvements that made a difference (2.35)
Advantages of using a tax process explainer video (5.25)
The pizza tracker tool (8.05)
Tax practice management software Nicole uses (10.55)
Challenges and lessons learned (12.09)
Nicole's take on IRS service level (16.21)
Final thoughts (18.01)
A page from Nicole's travel journal (20.15)

Related resources

Tax season resources – With constant changes to the tax landscape, being prepared for tax season is critical for success. Set yourself up for a smoother filing season by tapping into the wealth of AICPA and Tax Section resources.

Keep your finger on the pulse of the dynamic and evolving tax landscape with insights from tax thought leaders in the AICPA Tax Section. The Tax Section Odyssey podcast includes a digest of tax developments, trending issues and practice management tips that you need to be aware of to elevate your professional development and your firm practices.

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