Greetings from balmy Anchorage, Alaska! We’re in the middle of a warm spell–so much so that the world-famous Iditarod, which was scheduled to kick off here next week, has been moved to Fairbanks. It promises to be less temperate in the villages–the “real feel” at our first stop in my week of volunteer tax preparation in Alaska is forecast to be -1 degrees Fahrenheit. It’s been an incredible adventure so far. I didn’t, however, leave the news behind. Even as I was on my way (fun fact: it’s over 4,300 miles from Philadelphia to Alaska), there were several developments impacting taxpayers and tax professionals. Let’s jump right in. This week, thousands of IRS employees were fired as part of widespread efforts by DOGE to reduce the federal workforce. You’ll find more information–including some historic numbers–in the stats section below.
Also making news? A court in the Eastern District of Texas ruled (☆) that beneficial ownership information (BOI) reporting requirements under the Corporate Transparency Act (CTA) are back in effect. And, as the government promised, companies have been granted a little extra time to file.
On February 5, 2025, the Department of Justice filed an appeal in Smith v. U.S., one of two CTA cases winding through the court system in Texas. In its appeal, the government sought to stay an earlier preliminary injunction that would prohibit FinCEN from enforcing the CTA. On February 17, Judge Kernodle issued his ruling noting, "In light of the Supreme Court's order in McHenry v. Texas Top Cop Shop, Inc….the Court has determined that the motion should be, and hereby is, GRANTED. The Court's January 7, 2025 order granting preliminary relief is STAYED pending the disposition of the appeal."
That means there are currently no legal roadblocks in the way of the reporting requirements and companies are once again required to file. In response, FinCEN noted on its website that "[b]eneficial ownership reporting requirements are back in effect, with a new deadline of March 21, 2025 for most companies."
FinCEN also gave a nod to making some changes to the existing rules, writing, "FinCEN will assess its options for further modifying deadlines." It’s not immediately clear what that might look like–but we’ll be watching closely and will share as soon as we have more information.
The budget was also in the news this week as the House and the Senate appeared to make some headway, though their positions aren’t exactly aligned. House Republicans still hopes to pass “one big beautiful bill” (as President Trump calls it) that includes boosting border and defense spending, extending the 2017 tax cuts, cutting certain domestic programs (like Medicaid) to partially pay for the tax cuts and increasing the debt ceiling. The Senate, in contrast, is moving ahead with a two-pronged approach, focusing first on the areas where Trump wants to spend more.
The first round of the Senate blueprint includes roughly $340 billion in funding for immigration–that money includes funding for deportation and building a wall at the Mexican border (an item on Trump’s wishlist from his first term) and $150 billion in additional defense spending.
The House’s budget resolution includes $4.5 trillion for tax cuts–not enough to make permanent the 2017 tax cuts (contained in the Tax Cuts and Jobs Act or TCJA). House leadership has suggested a shorter workaround, but that’s not likely to win support in the Senate. The failure to agree could mean a slow walk on tax cut extensions which largely expire at the end of 2025. That would be a mistake, according to Steve Forbes. Referring to what happened in 2017, Forbes writes, “A tax bill passed in December, as happened in 2017, loses a full year of economic impact. Markets and businesses make their plans well in advance. Republicans need to stop floundering over procedural details and pass significant tax cuts by April or May to affect the 2025 economy.”
Whatever happens, one focus of the tax-policy debate surrounding its extension will certainly be the future of the state and local tax (SALT) deduction. The SALT cap under the 2017 law, which limits the deduction, is especially unpopular in states with high income and property taxes, such as California, New Jersey, and New York. For any action on extending or making permanent the TCJA, some modification must be made in the SALT deduction to get the full vote support needed from all Republican members of the House. Trump has suggested eliminating the SALT deduction cap, but removing it would cost $1.2 trillion in federal revenue over the next decade.
If the House and the Senate can’t agree on spending by March, we could be facing another government shutdown. Spending for the federal government in our current fiscal year is only legally authorized until March 14. Congress failed to pass regular annual spending appropriations, instead resorting to a short-term continuing resolution. One way to address spending is through cuts–and those have been in the news this week. In addition to paring back federal employment rosters (more on that below), Trump has ordered Elon Musk’s Department of Government Efficiency, or DOGE, to seek ways to eliminate wasteful spending. One target: The IRS.
DOGE has also been seeking permission to access individual tax return information. DOGE staffers already accessed filers’ tax refund information through the Treasury Department’s Bureau of Fiscal Service database–that includes the bank account information of every filer who received an electronic tax refund. (A federal judge has since temporarily curbed DOGE’s access to the Fiscal Service data.)
But DOGE wants to tap into the IRS’ Integrated Data Retrieval System (IDRS). Anyone with this access could enter a taxpayer’s name and Social Security number and learn their income, address, banking and brokerage account numbers, marital status, whether they had significant medical expenses, and the name of their employer and tax preparer. They could find out if a taxpayer has been audited. Former National Taxpayer Advocate Nina Olson, says the IDRS is “the motherlode. It contains everything.” Olson’s current organization, the Center for Taxpayer Rights, has joined a lawsuit to block DOGE access to the IDRS. Why can’t DOGE just walk into the IRS and access that information? There are strict protections in place to safeguard taxpayer data. (☆) The protections date back more than 50 years and many have been in response to abuses during the Nixon administration. President Nixon told his staff he was looking for a particular type of IRS Commissioner. In a recorded call (remember, Nixon famously taped his calls), he said, "I want to be sure he is a ruthless son of a bitch, that he will do what he's told, that every income tax return I want to see I see, that he will go after our enemies and not go after our friends. Now it's as simple as that. If he isn't, he doesn't get the job." The job eventually went to Johnnie Walters, who became IRS Commissioner on August 6, 1971. There’s no indication that Walters went along with Nixon’s plans (and Walters was eventually replaced) but concerns that those in government could access data and direct audits at taxpayers resulted in widespread changes to the law. Today, it’s a crime to access or share taxpayer data without authorization.
That’s a lot of news to digest, and I hope it tides you over. While I’m in the villages in Alaska, I won’t have access to the internet. That means there will be no newsletter next week (March 1, 2025). Enjoy your weekend, and I’ll be back in two weeks (March 8, 2025).
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