Talking Tax

The market for clean energy tax credits has been booming, with demand and supply skyrocketing since the 2022 tax-and-climate law established new credits and launched a way for energy developers to easily sell those credits to investors.A midyear report by the energy tax marketplace Crux forecasts that energy tax credit transfer deals could total between $20 billion and $25 billion this year, while financial services firm Evercore ISI estimates that more than $100 billion in transferable credits will be generated annually by 2030.Still, risks remain around certain energy tax credits that have yet to see final rules from the Treasury Department, and 2025 will bring additional changes, including the launch of so-called "tech-neutral" credits that aren't tied to any one piece of technology.On this episode of Talking Tax, Bloomberg Tax reporter Caleb Harshberger talks to Crux CEO Alfred Johnson and Hannah Hawkins, principal at KPMG, about how the new market for these credits is developing and what uncertainty remains.Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

When Microsoft Corp. won a $94 million income tax refund from the California Office of Tax Appeals in February, it was considered one of the biggest victories for corporate taxpayers ever in California. Now it’s unclear if Microsoft will get that refund, or if other multinationals with similar claims will either. A law passed in June reversed the ruling upholding Microsoft’s refund, and the first two lawsuits challenging the reversal landed last week.The intent of the new law (S.B. 167) is to avoid $1.3 billion in refunds to companies with similar claims pending for past tax years and $200 million a year in refunds going forward. The law does this by declaring that the California Franchise Tax Board’s position in Microsoft’s case pertaining to the tax treatment of income repatriated from abroad has been law since it issued a legal notice on the subject in 2006.The newly filed lawsuits from the California Taxpayers Association and National Taxpayers Union make it unclear when the dust will settle.On this episode of Talking Tax, Bloomberg Tax senior correspondent Laura Mahoney talks to Gina Rodriquez and Josh Booth, principals in the Sacramento office of global tax services firm Ryan LLC, about what the tax changes mean for other multinationals and for California.Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Discover how Ernst & Young is investing $1.4 billion in generative AI to revolutionize tax processes for professionals. The conversation dives into the complexities of applying AI in tax law amidst changing regulations. Learn about the tailored use of large language models to tackle tax inquiries and the evolving responsibilities of tax professionals. Hear how AI can enhance real-time tax management while addressing workforce challenges as many seasoned experts approach retirement.

Nearly 75% of cannabis businesses operate at a loss, and many in the industry point to a feature of the Internal Revenue Code as the reason why.Cannabis companies are prohibited from deducting ordinary business expenses—like rent or payroll—from their federal taxes as long as marijuana remains under the most restrictive portion of the Controlled Substances Act.That could change if marijuana is moved from Schedule I to Schedule III of the act, as the Biden administration has proposed. But in the meantime, 22 states plus Washington, D.C., have allowed medical or recreational cannabis businesses to take some deductions on their state returns, by decoupling their tax codes from Section 280E of the Internal Revenue Code, which imposes the federal ban. Pennsylvania was the most recent to make that change with a state budget adopted last month.In this episode of Talking Tax, Bloomberg Tax reporters Angélica Serrano-Román and Owen Racer talk about their recent look into how states are increasingly decoupling their tax from 280E at the state level.Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Italian economist Pasquale Tridico, newly elected chair of the European Parliament's Subcommittee on Tax Matters, has some fresh ideas to curb tax avoidance, which he says will be one of his top priorities.His committee can't propose legislation or substantially alter it in any way. But the panel has gained influence and exposure over time. Set up soon after the Panama Papers leaks, the committee has become a forum for politicians, companies, researchers, and activists to share opinions and research. And increasingly, policymakers are tuning in.That's the momentum Tridico wants to maintain. He proposes a European registry of assets to limit tax avoidance and to help improve the effectiveness of the global minimum corporate tax rules. Tridico says such a ledger could help ensure the minimum tax rules have more bite.Bloomberg reporter Saim Saeed spoke with Tridico about these plans for the subcommittee, and how they can impact European tax policy.Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

The corporate tax rate is coming up in nearly "every conversation" House Ways and Means Committee Rep. Carol Miller (R-W.Va.) has been at recently.Miller is leading one of the ten House Ways and Means GOP tax teams, created to collect information and prepare for tax discussions in 2025, when much of the 2017 tax law expires. Miller's "Supply Chains" team is focusing on energy tax credits and the corporate tax rate, among other issues. This week members met with former Ways and Means Chair Kevin Brady (R-Texas) to discuss the 2017 tax law.Brady and lawmakers reviewed why certain decisions were made in drafting the law, and what provisions may be worth looking into, Miller told Bloomberg Tax.While the 21% corporate tax rate set by Republicans in 2017 does not sunset at the end of 2025, it's set to be a sticking point in negotiations no matter which party wins out in November. Some Republicans have floated raising the rate, and former President Donald Trump has proposed lowering it even further.Bloomberg Tax reporter Samantha Handler spoke with Miller about discussions surrounding the corporate rate and other priorities of her tax team heading into 2025.Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

The state tax gap—the difference between the true tax liabilities owed to a state and the amount voluntarily submitted to revenue agencies—is possibly the most stubborn and perplexing problem facing tax administrators. For decades, revenue commissioners have tried to close the gap through audits and enforcement sweeps, but the process is slow, costly, and uncertain.Janette Lohman, a former director of the Missouri Department of Revenue, believes there is a way to collect more delinquent taxes faster, cheaper, and with less hostility: a strategy she describes as “prospective voluntary disclosure.” The states generally allow delinquent businesses to voluntarily come forward and pay their back taxes plus interest for a specified look-back period, but Lohman has proposed a process that allows delinquent taxpayers to submit their taxes on a going-forward basis without paying any back taxes or penalties.On this episode of Talking Tax, Bloomberg Tax senior reporter Michael J. Bologna caught up with Lohman to discuss her efforts in Missouri to boost compliance using prospective voluntary disclosure. Lohman, a tax partner in the St. Louis office of Thompson Coburn LLP, recently presented her strategy during the annual meeting of the Federation of Tax Administrators.Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

Training for CPAs must evolve to focus on the skills and experiences necessary to meet future market demands, the leader of the largest US accounting industry group said.Barry Melancon, president and CEO of the American Institute of CPAs, also defended a required fifth year of college for CPA candidates, saying current rules have achieved their purpose of elevating the role of accountants and turning out better-educated professionals.Melancon, who is preparing to retire in December, spoke to Bloomberg Tax reporter Amanda Iacone about ongoing efforts to restore what is now a shrinking pipeline of future accountants. Proposed reforms could soften the bite of the mandatory 150 college credit hours for CPAs to earn their license by offering alternatives such as employer-provided training or work-study programs.He also discussed the role artificial intelligence could play in closing the talent gap and the impact of private equity investors as CPA firms look to keep pace with technology advancements.—Produced by Matthew S. Schwartz.Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.

The new chief of the IRS criminal division wants America to know he’s hiring special agents, and they’re fulfilling their mission to investigate tax and financial crimes.Guy Ficco started his new gig in April following an almost three-decade career at the agency. He comes into the position at the same time the IRS is flush with tens of billions in funding from the Democrats’ 2022 tax-and-climate law.In fiscal year 2023, CI initiated more than 2,676 criminal investigations and identified over $37.1 billion from tax and financial crimes. The division has an 88.4% conviction rate on cases accepted for prosecution.Bloomberg Tax reporter Erin Slowey spoke with Ficco about how CI is handling its pandemic-era tax credit cases, what retention at the division looks like, and how the volume of investigation referrals has changed in the past couple of years.Produced by Matthew S. Schwartz.

The US Supreme Court brought a muted end last week to its biggest tax case in years, but the arguments that propelled the case are far from over, especially about what the court’s ruling could mean for future attempts to enact a wealth tax.The court voted 7-2 to uphold the mandatory repatriation tax, a one-time tax on past foreign corporate profits. Washington state residents Charles and Kathleen Moore had challenged the constitutionality of the tax, arguing that it had forced them to pay $14,729 in taxes on the profits of an Indian company in which they’d invested even though the company’s profits were never distributed to them.But the case’s significance went far beyond the Moores. Many had feared that striking down the tax not only would lead to billions of dollars in refunds to giant multinational companies that were the tax’s primary targets, but also would call into question a host of other taxes based on similar legal principles.The Supreme Court said the tax was constitutional, and stressed that its ruling was narrow, with any outside issues left for another time. But that left unanswered questions about what the ruling could mean for any future wealth tax. Many such proposals would tax wealthy people’s “unrealized” gains on investments—profits that haven’t actually been distributed or monetized—which was the same issue over which the Moores questioned the repatriation tax.And while the court’s ruling was narrow and set aside the realization issue, at least four of the nine justices supported the idea that income should have to be realized before it could be taxed, a signal that any future wealth tax could have a hard time passing legal muster before the court.This edition of Talking Tax has two interviews with two very different perspectives on the Moore ruling. Bloomberg Tax senior reporter Michael Rapoport spoke first with Chye-Ching Huang, executive director of the Tax Law Center at New York University’s law school, who wanted to see the tax upheld, and then with Andrew Grossman and Jeff Paravano, attorneys for BakerHostetler who represented the Moores and wanted to see the tax struck down.Producer: Matthew S. Schwartz.Do you have feedback on this episode of Talking Tax? Give us a call and leave a voicemail at 703-341-3690.