Tax

Top tax issues to watch after Tax Day

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The end of tax season marks the beginning of the road to the next most significant date in this year's tax calendar — the presidential election in November.

President Joe Biden set out his tax stall in his State of the Union address on March 7, which included protecting and expanding the Affordable Care Act, providing an annual mortgage tax credit for new homebuyers, restoring the Child Tax Credit and introducing a minimum tax on billionaires.

The administration followed this up with its detailed revenue proposals for fiscal year 2025. These "would contribute to lowering child poverty and giving working families more breathing room in their household budgets," Treasury Secretary Janet Yellen said in her opening statement to the Senate Finance Committee about the budget plans. "We can make these investments while reducing the deficit by $3 trillion over a decade through a combination of smart savings and tax proposals."  

Read more: The definition of 'rich' — and its impact on taxes

Meanwhile, the IRS has been moving ahead with technology improvements in its strategic operating plan, using multiyear funding from the Inflation Reduction Act, while stressing the need for its Business Systems Modernization funding to be restored. According to a Government Accountability Office report, the plan involves, among other things, involves retiring and replacing legacy systems and updating programming languages, giving taxpayers tools to access their data and use online services, and ensuring continued security and privacy of taxpayer data.

"We're catalyzing this transformation because a digital-first IRS is a generational imperative," said IRS Commissioner Danny Werfel, outlining his vision of the future for the agency during a speech in March at the Kogod School of Business at American University in Washington, D.C. "It's how most taxpayers want to interact with us in the 21st century."

One of the first steps on that road was the March launch of the Direct File pilot program for free tax filing, after weeks of testing in a dozen states. Werfel noted that once taxpayers start their return on the Direct File site, it won't take long to complete the return, but they can save their progress and come back if they need to take a break. They can also get special support from IRS representatives through the system's live chat feature. Like other electronic filing options, it allows taxpayers to get tax refunds within 21 days or fewer when using direct deposit.

Read more: 5 IRS developments to watch this tax season

With IRA funding for the IRS having already been cut back last year by Congress, the result of the fall's election could pose a significant threat to Werfel's plans. Similarly, several commentators have pointed out that the current administration's tax proposals are something of a wish list that may not even see the light of day, depending on the outcome later this year.

"If the past is any indication of the future, it won't be an easy road ahead," said John Gimigliano, principal-in-charge of federal legislative and regulatory services in the Washington national tax office of KPMG. "As with any election year, a lot still remains uncertain — and all eyes are on November." 

Catch up on all our recent coverage of the key issues that will be shaping the profession this year after the dust has settled on tax season.

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Chip Somodevilla/Bloomberg

Realistic tax plan or pre-election positioning?

At the beginning of March, the Biden administration released its budget with plans for tax increases on the wealthy and corporations and the capital gains rate. Treasury Secretary Janet Yellen testified before the Senate Finance Committee about the administration's revenue proposals in its so-called Green Book, as well as the administration's plans for the temporary tax breaks that are set to expire next year from the Tax Cuts and Jobs Act of 2017.

Yellen talked up the proposals, but Sen. Mike Crapo, R-Idaho, the top Republican on the committee, challenged them during the hearing and pointed to the expiring tax cuts from the Tax Cuts and Jobs Act. Meanwhile, committee chair Ron Wyden, D-Oregon, urged Republicans on the committee to pass the tax extenders legislation that has been stalled there since last month.

The November election will determine what happens with tax policy, and whether all the Trump tax cuts are extended, or if Biden's proposals will pass in a Congress that could be controlled by either party or closely divided as it is now. "The budget is a wish list," Christopher McLoon, a member of the law firm Cozen O'Connor in Philadelphia, told Michael Cohn, editor-in-chief at AccountingToday.com. "There's so much of this that, at least under present conditions, absolutely will not be law." 

Read more: Lawmakers question Biden budget as tax experts plan ahead
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Werfel targets ‘digital-first IRS’

A Government Accountability Office report released in March found the IRS intends to use some of the funds provided by the Inflation Reduction Act to replace legacy IT systems, give taxpayers more online tools and services, and protect taxpayer privacy and security. However, the agency hasn't fully updated its plans to incorporate these additional funds, according to the report.

In part, that's because the funds are constantly under threat of being rescinded by Congress. The IRA of 2022 provided $80 billion in extra funding over 10 years to be used by the IRS to improve its aging technology, enhance customer service, and increase its enforcement efforts. However, over $21 billion in funding over a decade for tax enforcement was clawed back last year. Nevertheless, the IRS has been rolling out technology improvements in line with the strategic operating plan it released last year. 

"With historic funding through the new law, we're building an IRS where all taxpayers can meet all their responsibilities, including all interactions with the IRS — from questions to payments to resolutions — in a completely digital manner if they choose," IRS Commissioner Danny Werfel said in his speech at American University. 

Read more: IRS needs to plan better for modernization funding
Security Ahead Of State Of The Union
Julia Nikhinson/Bloomberg

Will the QBI tax break expire?

An exemption of up to 20% of qualified business income for certain pass-through owners has yielded tens of millions of claims amounting to tens of billions of dollars in savings each year, according to a report last month by the Congressional Research Service, a nonpartisan information source for lawmakers.

The Section 199A deduction for the QBI of pass-through entities (such as partnerships, limited liability companies, S-corporations and self-employed individuals) is one of many key sunsetting provisions of the Tax Cuts and Jobs Act that financial advisors, tax professionals and their clients will be watching closely after this year's election.

While many wealthy owners have profited substantially, hundreds of thousands of eligible taxpayers who could have reaped savings haven't claimed the deduction, the CRS report showed. Proponents argue the exemption gives small businesses a tax rate closer to the lower ones for C corporations that helps generate jobs and capital investment in the economy, but the QBI's unclear impact on jobs and investment could prompt Congress to make major changes to it or let the deduction expire after 2025.

Read more: The QBI deduction's impact is as murky as its rules, report finds
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30-minute filing augurs well for Direct File

Direct File, the IRS's pilot program for free tax filing, officially launched in March in 12 states — Arizona, California, Florida, Massachusetts, Nevada, New Hampshire, New York, South Dakota, Tennessee, Texas, Washington and Wyoming — and quickly had thousands of taxpayers either starting or completing a return using the system.

"The early results from Direct File have shown that taxpayers like the ease and convenience," said IRS Commissioner Danny Werfel during a press conference announcing the launch. "Many taxpayers we've heard from filed their taxes in less than 30 minutes using Direct File. By opening up this full-scale launch today on IRS.gov, this will give more taxpayers the chance to use this free option." 

The IRS is also working closely with states on the pilot. After completing a federal tax return on Direct File, taxpayers in the states with a state income tax like Arizona, California, Massachusetts and New York will be guided to a state-sponsored tool where they can complete their state tax return.

Read more: IRS officially launches Direct File free tax-filing program
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Al Drago/Bloomberg

‘Capitalist’ Biden outlines ‘fair’ Tax Code in SOTU

"Look, I'm a capitalist," said President Joe Biden during his State of the Union address in March, in which he proposed tax increases on the wealthy and large corporations, along with some new tax credits. "If you want to make a million bucks — great! Just pay your fair share in taxes."

The president discussed the upcoming expiration of a tax credit in 2025 related to health insurance premiums from the Affordable Care Act, and called for a new mortgage tax credit to make home buying more affordable amid high inflation and mortgage rates. However, he also called for higher taxes on the wealthy and corporations as a way to reduce the deficit. 

Biden did not mention the tax extenders bill that is now stalled in the Senate. "That bill is the president's best chance to get at least a portion of his objectives into law," Mark Friedlich, vice president of government affairs at Wolters Kluwer Tax & Accounting told AccountingToday.com's Michael Cohn. "Most of his tax-related goals are not likely to see the light of day given the divisive environment in Washington, D.C."

Read more: Biden calls for tax credits and increases in State of the Union
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