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Why Internal Controls Fail: Common Deficiencies in Banking and How to Fix Them
For financial institutions, internal controls are the unseen framework that supports day-to-day operations, reliable financial reporting, and stakeholder confidence. When those controls fail, the consequences can be far-reaching. Regulatory scrutiny intensifies, financial statements may require correction, and trust, once lost, can be difficult to restore.
In an industry marked by high transaction volumes, complex products, and constant regulatory change, internal controls are more than a compliance exercise. They are foundational to stability and long-term success.
What makes control failures especially challenging is how quietly they develop. Weaknesses often remain hidden until an audit finding, examination issue, or financial misstatement brings them into focus. Institutions that understand where controls tend to break down, and address those areas early, are far better positioned to avoid costly disruptions.
Understanding Internal Controls Over Financial Reporting
Internal Controls over Financial Reporting (ICFR) are designed to provide reasonable assurance that financial statements are accurate and fairly presented. For banks and credit unions, this responsibility is magnified by operational complexity. Thousands of transactions flow through multiple systems each day, increasing the likelihood of error if controls are poorly designed or inconsistently applied.
Control issues exist on a spectrum. Some deficiencies reflect isolated breakdowns that limit timely detection of errors. Others rise to the level of significance because of their importance to oversight and governance. At the most serious end are material weaknesses, where there is a reasonable possibility that a material misstatement will not be prevented or detected in time. What often separates these categories is not the original issue, but how quickly and effectively it is addressed.
Where Controls Most Often Break Down
Although every institution has unique risks, common themes emerge across the financial services industry.
Risk Assessments That Lag Behind Change
Risk assessments frequently fail to keep pace with evolving operations. New products, vendor relationships, or changes in market conditions introduce risks that existing controls may not fully address.
For example, a community bank that outsources mortgage servicing may improve efficiency but also introduce new reporting risks tied to escrow balances or interest calculations. Without revisiting its risk assessment, those exposures may go unmonitored. Similar issues arise when institutions expand into more complex assets without strengthening valuation and review procedures.
A Weak or Inconsistent Control Environment
The control environment sets expectations for the entire organization. When leadership overrides established processes or sends mixed messages about accountability, even well-designed controls lose effectiveness.
Problems also arise when responsibility for key processes is unclear. If multiple departments share ownership of critical functions, such as fair value reviews, accountability can become diluted, making it harder to identify and correct issues when they occur.
Gaps in Control Execution
Many deficiencies stem from how controls are performed rather than how they are designed. Segregation of duties remains a persistent challenge, particularly for smaller institutions with limited staffing. When one individual has the ability to initiate and approve transactions, the risk of error or fraud increases.
In other cases, controls lack sufficient documentation. Areas such as complex accounting estimates or allowance methodologies may rely too heavily on institutional knowledge rather than clearly defined procedures, leading to inconsistent application over time.
Breakdowns in Information Flow
Outdated systems and fragmented data sources often undermine otherwise sound controls. When information moves between platforms without proper reconciliation, inconsistencies can emerge in reported balances.
System conversions introduce additional risk. Temporary access granted during implementation may not be fully removed, leaving gaps in user access controls long after the conversion is complete.
Monitoring That Falls Behind
Even when weaknesses are identified, delayed remediation can turn manageable issues into larger problems. Institutions may recognize gaps in approval processes or monitoring activities but postpone corrective action due to competing priorities. Over time, unresolved issues increase exposure to audit findings, regulatory criticism, or financial loss.
The Real-World Cost of Control Failures
The consequences of weak internal controls are tangible. Institutions have been forced to restate financial statements due to errors tied to inadequate oversight and insufficient documentation. Others have struggled with inconsistent application of accounting standards, such as CECL, resulting in unreliable estimates and increased scrutiny from auditors and regulators.
Beyond direct financial costs, control failures strain relationships with examiners, investors, and customers, often leading to higher audit fees and lasting reputational damage.
Building Stronger Control Frameworks
Effective internal controls depend on both structure and culture. Leadership must clearly communicate expectations around accountability and integrity. Risk assessments should be updated as operations change, not treated as static, annual requirements.
Technology can support stronger monitoring through automation and real-time alerts, but tools are only effective when employees understand their role in the control process. Training that explains the purpose of controls—not just the mechanics—helps ensure consistency and ownership.
Independent reviews and internal audits provide valuable perspective, particularly during periods of growth or change. When deficiencies arise, addressing root causes rather than applying temporary fixes is critical to preventing repeat issues.
How HTB Can Help
At HTB, our team works with banks and credit unions to evaluate internal control frameworks, identify vulnerabilities early, and implement practical, sustainable improvements. Our team supports institutions through risk assessments, internal audit services, complex accounting implementations, and targeted training for control owners.
By focusing on clear accountability and actionable recommendations, we help financial institutions strengthen internal controls, improve reporting reliability, and reduce regulatory risk. Contact us today to start a conversation about your institution’s risk priorities.
Using a Tax Extension Strategically: What to Do Between Now and October 15
Filing a tax extension can be a practical and responsible decision. If your return is complex, an extension allows time to file accurately rather than rushing a return that may later require correction.
However, an extension is only valuable if the extra time is used intentionally.
The IRS grants individuals a six-month extension to file, generally moving the federal filing deadline to October 15. What it does not do is extend the time to pay. Any tax liability was still generally due by April 15, and interest and failure-to-pay penalties continue to accrue on unpaid balances after that date.
In addition, a federal extension does not automatically extend state filing deadlines. State rules vary, so it is important to confirm the requirements that apply to your specific situation.
For these reasons, the period between now and October 15 should not be treated as time to simply set your return aside. Instead, it is a planning window. Used well, it provides an opportunity to organize records, refine payment estimates, resolve open questions, evaluate payment options, and make better current-year tax decisions while there is still time for those decisions to matter.
Start by Confirming the Extension Details
Extensions are commonly requested using Form 4868. In some cases, the IRS also treats certain electronic payments designated as extension payments as a valid extension request, even without filing Form 4868, provided the payment was made through an approved IRS channel by the original due date.
Once the extension is in place, the most useful question is no longer how long you can wait. The better question is what should be addressed now so that October is smoother, more accurate, and less costly.
Use the Extension Period to Improve the Return, Not Just Finish It
For many taxpayers, the value of an extension lies in quality control.
This is the time to reconcile K-1s, review brokerage statements, verify basis schedules, confirm deductible expenses, and collect missing documentation for credits and deductions. The IRS requires taxpayers to maintain records supporting income, deductions, and credits reported on a return. Those records generally must be retained until the applicable statute of limitations expires, which is typically three years from filing but can be longer in certain circumstances.
It is also important to remember that the IRS matches third-party information—such as Forms 1099, corrected 1099s, and K-1s—against filed returns. Carefully reconciling these documents during the extension period is one of the most effective ways to reduce the risk of receiving a notice after filing.
This becomes increasingly important when a return involves more than a W-2 and a standard deduction. Closely held businesses, rental activity, investment transactions, multi-state filing obligations, charitable contributions, and pass-through income all add layers of complexity. In those cases, the extension period can be the difference between a return that is merely filed and one that is filed correctly.
The extension window can also be an appropriate time to evaluate whether any remaining elections or adjustments are still available for the year in question, such as certain retirement contributions, depending on the account type and circumstances.
This is where CPA guidance is especially valuable. The goal is not to prolong the process, but to reduce errors, strengthen documentation, and identify opportunities before the filing window closes.
Revisit the Payment Estimate Before the Balance Grows Further
If you extended and still owe tax, this is the right time to revisit the estimate used in April.
Payments made with an extension are often just that—estimates. As more complete information becomes available, those payments should be compared against the updated tax picture rather than waiting until October to discover a larger-than-expected balance due. Interest and failure-to-pay penalties generally continue to accrue on any unpaid tax after the original due date.
As a result, the extension period is as much a cash-flow exercise as it is a tax exercise. In many situations, making an additional payment before filing can help reduce the overall cost, even if the final number is not yet known.
If You Cannot Pay in Full, Address it Directly
If full payment is not feasible, it is generally better to address the issue proactively rather than allow penalties and interest to accumulate.
The IRS offers several resolution options, including short-term and long-term payment arrangements. Individuals who owe $50,000 or less in combined tax, penalties, and interest may be eligible to apply online for a long-term payment plan. Other options may include offers in compromise, collection delays, or penalty relief, depending on the facts.
Professional guidance can be particularly helpful here. A CPA can assist in evaluating whether it makes sense to pay down the balance immediately, establish an installment agreement, adjust current-year estimates, or preserve business liquidity while remaining compliant.
The appropriate solution is rarely purely procedural; it depends on the broader financial picture.
Don’t Let the Extension Distract You From the Current Tax Year
One of the most common mistakes after filing an extension is focusing solely on the prior-year return. Federal income tax is a pay-as-you-go system, and withholding and estimated payment obligations continue throughout the current year.
If volatile income, pass-through activity, capital gains, bonuses, or multiple income sources contributed to the extension, and those conditions are continuing in 2026, resolving the 2025 return without recalibrating 2026 withholding or estimated payments can lead to the same issue recurring.
This is an appropriate time to review whether withholding and estimated payments are on track to meet safe harbor thresholds—generally 90% of the current year’s tax liability or 100% of the prior year’s liability (110% for certain higher-income taxpayers).
Treat October 15 as a Hard Planning Deadline, Not a Soft Reminder
An extension should create a clear schedule, not a false sense of postponement.
By mid-summer, you should know which documents are outstanding. By early fall, you should understand whether extension payments were adequate, whether records are sufficient, and whether open questions require technical review. October 15 is a hard filing deadline, and treating it as such can mean the difference between an orderly process and a repeat of the April rush.
The extension period is also a meaningful advisory opportunity. If your extension was driven by complexity, a mid-year review can address the prior-year return, current-year payment adequacy, and any planning opportunities that may still be available before year-end.
Used intentionally, an extension can become a starting point for better ongoing tax planning rather than simply a delayed filing.
A Practical Checklist if You Filed an Extension
To use the months ahead effectively, focus on five priorities:
- Revisit your April payment. Evaluate whether the extension payment was adequate and consider making an additional payment if the tax picture has become clearer.
- Gather and reconcile documentation. This may include K-1s, corrected 1099s, brokerage confirmations, cost basis records, charitable acknowledgments, and business expense support.
- Determine whether technical review is needed. Returns involving businesses, rentals, investments, multi-state filings, or large deductions often require more than data entry.
- Review the current year simultaneously. Withholding, estimated taxes, and cash-flow planning for 2026 should not wait for the next filing season.
- Address payment concerns early. If full payment is not realistic, explore IRS resolution options sooner rather than later.
Using the Extension Window Well
If you filed an extension, the objective is not simply to meet the October 15 deadline. The goal is to file accurately, reduce avoidable costs, and prevent current-year issues from becoming next year’s problem.
If your return is complex, your income is volatile, or payment questions remain unresolved, this is an appropriate time to step back, review the full picture, and use the extension window intentionally.
At HTB, our professionals help clients navigate tax extensions, evaluate payment strategies, and coordinate current-year planning. If you would like assistance with your situation, please contact our team today to discuss next steps.
Taking Control of Your Tax Information with the IRS Online Account
For many taxpayers, communicating with the IRS has traditionally meant long phone waits, mailed notices, and limited visibility into their tax information. That experience has improved in recent years as the IRS has expanded its digital services.
One of the most useful tools available today is the IRS Individual Online Account. This secure portal allows taxpayers to view tax records, monitor balances, make payments, and access certain IRS notices online—often without the need to contact the IRS directly or wait for mailed documents.
For individuals seeking greater clarity and control over their tax information throughout the year, the IRS Online Account can serve as a convenient and centralized resource.
What the IRS Online Account Allows You to Do
Once an account is created through IRS.gov and identity verification is completed, taxpayers gain access to a broad range of federal tax information.
View Your Tax Records
Taxpayers can review key details from previously filed returns, including adjusted gross income (AGI) and other return data. The platform also allows users to download tax transcripts and wage and income records for multiple tax years.
These records are often helpful when preparing a new tax return, responding to IRS inquiries, or providing income verification for lenders or other financial institutions.
Check Your Balance and Payment History
The online account displays current amounts owed to the IRS, broken down by tax year, along with a history of payments and scheduled transactions.
Because balances are updated daily, taxpayers can see an accurate payoff amount at any given time.
Make or Schedule Tax Payments
The portal allows users to make secure payments directly from a bank account. Payments can be submitted immediately or scheduled in advance—sometimes up to 365 days ahead.
Scheduled payments can also be modified or canceled before they are processed, offering flexibility for cash-flow planning.
Monitor Refunds and Amended Returns
In addition to the “Where’s My Refund?” tool, the IRS Online Account provides updates on refunds and amended returns, giving taxpayers clearer insight into where their return stands in the processing cycle.
Access IRS Notices Electronically
The IRS now delivers many official notices digitally through the online account. More than 200 types of IRS notices can currently be viewed online.
Digital access can help taxpayers stay organized, respond more quickly, and reduce the risk of missing important correspondence.
Request an Identity Protection PIN
Taxpayers can also request an Identity Protection PIN (IP PIN) through their account. This six-digit code helps prevent fraudulent tax returns from being filed using someone else’s Social Security number.
With tax-related identity theft continuing to be a concern, this added security can provide valuable peace of mind.
Setting Up an IRS Online Account
To protect sensitive information, the IRS requires identity verification through ID.me, its credential service provider. The process typically involves submitting a government-issued photo ID and completing facial recognition or video verification.
While this step may take a few extra minutes, it is an important safeguard to ensure that only authorized users can access tax information.
A Helpful Tool Beyond Tax Season
Many taxpayers think about the IRS only during filing season. However, the IRS Online Account offers year-round access to important information—from confirming payments to retrieving records when questions arise. Used proactively, it can help make tax management simpler and more transparent.
At HTB, we believe informed taxpayers make better financial decisions. Our team is here to help you interpret IRS correspondence, resolve tax issues, and plan ahead with confidence. If you have questions about your IRS Online Account or your overall tax situation, contact us today.
Due Diligence That Drives Value: How Independent Loan Reviews Strengthen Bank Acquisition Targets
When a bank pursues an acquisition, the stakes couldn’t be higher. Among all the assets on the balance sheet, the loan portfolio represents both the greatest opportunity and the most significant risk. For acquiring institutions, independent loan reviews have evolved from a routine compliance exercise into a critical strategic tool that protects shareholder value and strengthens the foundation for successful integration.
The Hidden Risks Lurking in Loan Portfolios
In today’s regulatory environment, examiners are looking beyond simple asset quality metrics. They’re evaluating the comprehensive credit risk management practices that support those assets. An acquisition target might present clean financial statements and acceptable delinquency rates on the surface, yet harbor significant vulnerabilities in underwriting consistency, documentation quality, or covenant monitoring. These weaknesses can transform an attractive deal into a source of unexpected losses and regulatory scrutiny after closing.
Commercial Real Estate portfolios deserve particular attention during acquisition due diligence. While CRE loans offer attractive returns and help banks scale efficiently, they carry heightened regulatory expectations around concentration management, stress testing, and ongoing borrower monitoring. An independent review reveals whether the target institution has implemented the enhanced credit risk management practices that regulators now demand, or whether the acquiring bank will inherit a compliance gap that requires immediate remediation.
What Independent Reviews Uncover
The value of an independent loan review during acquisition due diligence lies in its objectivity. While management representations and internal audit findings provide useful information, they lack the critical distance that third-party experts bring to the evaluation. Independent reviewers examine hundreds of data points across sample loans, validating risk ratings, testing global cash flow analyses for accuracy and currency, and identifying patterns that might escape internal review processes.
Documentation exceptions represent a common but serious vulnerability. Missing files, improperly recorded mortgages, lapses in UCC filings, or inadequate collateral insurance can each compromise the bank’s position in a loan relationship. During normal operations, these issues might remain dormant, but they create immediate exposure when economic conditions deteriorate or when regulatory examiners conduct post-acquisition reviews. Discovering these gaps before closing allows acquirers to negotiate appropriate purchase price adjustments and develop remediation plans.
Equally important is the assessment of underwriting consistency across the lending team. Policy exceptions aren’t inherently problematic when they’re properly documented, supported by clear risk mitigants, and appropriately approved. However, inconsistent application of lending standards or inadequate tracking of exceptions signals deeper issues in credit culture that can metastasize across the combined institution if not addressed early.
From Compliance to Strategic Value
The insights gained from independent loan reviews directly enhance valuation accuracy. By identifying loans that require rating downgrades, quantifying potential credit losses, and assessing the adequacy of reserves, these reviews provide the concrete data needed to refine purchase price calculations and structure appropriate representations and warranties. They also establish a baseline for measuring portfolio performance post-acquisition and support the fair value measurements required under acquisition accounting standards.
Perhaps most valuable is the roadmap that independent reviews provide for post-merger integration. Rather than discovering credit administration weaknesses months after closing, acquirers enter the transaction with clear visibility into areas requiring immediate attention, loans needing enhanced monitoring, and opportunities to harmonize underwriting standards across the combined institution.
A Stronger Finish for Smarter Acquisitions
In an era where regulators evaluate both asset quality and the management practices supporting those assets, independent loan reviews have become indispensable in bank M&A transactions. They transform due diligence from a defensive exercise into a strategic advantage, protecting acquirers from hidden risks while laying the groundwork for successful integration. For banks serious about value creation through acquisitions, partnering with experienced independent reviewers isn’t optional—it’s essential to long-term success.
Hannis T. Bourgeois provides independent loan reviews to help banks evaluate credit risk in acquisition transactions. Contact our team today to learn how we can strengthen your next transaction through comprehensive, objective portfolio assessment.
When Unequal Cash Creates Unequal Risk: Disproportionate Distributions in S-Corps
S corporations are rarely chosen because they are simple. Most owners understand from the outset that maintaining an S election involves specific formalities. What often comes as a surprise is where the risk actually hides. One of the least intuitive problem areas is the single class of stock rule, particularly as it relates to disproportionate distributions.
When the IRS concludes that a corporation has created a second class of stock, the consequences can be severe: termination of S status, exposure to C-corporation taxation, and cascading tax consequences that reach far beyond the year in question.
The Single Class of Stock Rule
An S corporation may have only one class of stock. All outstanding shares must confer identical rights to distributions and liquidation proceeds (IRC §1361(b)(1)(D)). Voting rights may differ, but economic rights generally may not. No shareholder can be entitled to receive corporate earnings ahead of another simply because ownership agreements or binding arrangements effectively give them priority.
Disproportionate distributions become problematic only when they reflect unequal distribution rights. The rules distinguish between two situations:
- Permissible timing differences: Shareholders are entitled to equal distributions over time but receive them at different moments.
- Impermissible distribution rights: One shareholder has a superior claim to corporate earnings or assets, which creates a second class of stock.
Where Problems Commonly Arise
In closely held businesses, disproportionate distributions often develop informally as owners respond to cash needs, operational realities, or perceived imbalances. Common scenarios include:
- One shareholder takes regular distributions to cover personal tax liabilities while another defers, under an informal understanding to “true it up later,” without formal documentation.
- A shareholder pays company expenses personally and later receives repayments with no documentation clarifying whether the payment is a reimbursement, loan repayment, or distribution.
- Owners adjust distributions informally to reflect differences in effort or capital contributions rather than addressing those differences through compensation or formal debt arrangements.
- “Shareholder loans” are repaid without notes, interest, or fixed terms, effectively allowing one owner to extract value ahead of others.
Each of these scenarios can be structured in a compliant manner. The difference comes down to documentation, consistency, and whether the arrangement creates unequal rights to corporate earnings rather than merely unequal timing of cash flow.
Debt vs. Equity
Properly structured shareholder debt is generally not treated as a second class of stock. The Code provides a “straight debt” safe harbor under IRC §1361(c)(5) for qualifying debt instruments. Improperly structured debt, however, can be recharacterized as equity when repayment priority effectively gives one shareholder a preferred economic position resembling a distribution right rather than a creditor right.
The IRS evaluates shareholder debt using familiar factors: written promissory notes, commercially reasonable interest, defined repayment terms, and a realistic expectation of enforcement.
Compensation as a Planning Tool
Unequal compensation is one of the cleanest ways to achieve unequal economic outcomes in an S corporation. Shareholders who provide more services may be paid more without violating the single class of stock rule, because compensation is not a distribution right. However, compensation must be reasonable, as excessive compensation draws scrutiny for other reasons while insufficient compensation increases payroll tax exposure.
Why Governing Documents Matter
The IRS does not stop at bank statements. It looks to governing provisions and binding agreements, including articles of incorporation, bylaws, shareholder agreements, buy-sell arrangements, and redemption provisions. Even if distributions appear equal historically, a document granting one shareholder superior liquidation rights or a guaranteed return can create a second class of stock regardless of how cash has actually flowed.
Example: Unequal Cash, Two Very Different Outcomes
Consider a corporation owned 50/50 by Alex and Jordan.
Scenario A (generally permissible): Alex takes quarterly distributions. Jordan chooses not to, preferring to leave funds in the business. Corporate records reflect equal distribution rights, and Jordan can take catch-up distributions later. The difference is timing, not entitlement.
Scenario B (potentially impermissible): Alex receives quarterly distributions while Jordan does not, because the shareholders have an informal agreement that Alex “gets paid first” until a capital contribution imbalance is resolved, but the arrangement is not documented as bona fide debt. In substance, that understanding can give Alex a superior right to corporate earnings and may create second-class-of-stock risk.
The distinction lies not in the cash paid, but in the underlying entitlement.
Consequences of a Second Class of Stock
If the IRS determines that a second class of stock exists, the S election terminates on and after the date the violation occurred, which is often earlier than when owners discover it (IRC §1362(d)(2)). The corporation is treated as a C corporation from that point forward, triggering corporate-level tax, dividend treatment of distributions, loss of pass-through benefits, and penalties and interest. Relief may be available in certain situations but is neither guaranteed nor inexpensive.
Strategic Planning to Prevent Accidental Termination
Maintaining S corporation status requires deliberate oversight of how cash moves through the business and how shareholder rights are structured. Key safeguards include:
- Periodic reviews of distribution activity for proportionality in a given year and for patterns over time, with shareholder basis schedules, loan balances, and equity accounts reconciled regularly.
- Formalizing shareholder loans with promissory notes, commercially reasonable interest, and defined repayment terms to preserve the distinction between creditor rights and ownership rights.
- Addressing unequal economics through compensation rather than informal distribution adjustments when shareholders contribute differing levels of service.
- Reviewing governing documents for priority repayment provisions, guaranteed returns, or liquidation preferences that may unintentionally create unequal rights.
- Modeling distributions prospectively so that uneven cash needs or shifting economic arrangements can be structured as compensation, bona fide debt, or other permissible mechanisms before informal practices harden into compliance problems.
In certain cases, the most prudent solution may involve restructuring ownership economics altogether. Where shareholders desire preferred returns or complex capital arrangements, an S corporation may no longer be the appropriate vehicle. The overarching principle is straightforward: proactive planning is far less expensive than retroactive repair.
Unequal Outcomes Require Intentional Design
Disproportionate distributions are not inherently fatal to S-corp status. They do, however, require careful planning, documentation, and oversight. The most costly mistakes arise when owners assume informal understandings or “temporary” arrangements are harmless.
At HTB, we regularly help S-corporation owners navigate the less intuitive compliance risks that can arise as businesses grow and cash needs evolve. Proactive planning, proper documentation, and periodic review can help preserve S-corp status and avoid costly surprises. If you have questions about distribution practices, shareholder loans, or governing documents, contact us today.
This article is provided for informational purposes only and does not constitute legal or tax advice. The application of S corporation rules depends on specific facts and circumstances. Readers should consult their tax advisor regarding their particular situation before taking any action.
Did You Pay IRS Penalties During COVID? The Kwong Decision May Entitle You to a Refund
Millions of Americans struggled to meet IRS deadlines during the COVID-19 pandemic. Between business closures, staffing shortages, and unprecedented disruption to daily life, filing taxes on time became extraordinarily difficult for countless taxpayers. Many ended up paying significant penalties and interest as a result. Now, a groundbreaking federal court decision is offering hope that some of those payments may be recoverable.
In Kwong v. United States, the U.S. Court of Federal Claims ruled that the IRS miscalculated tax deadlines during the COVID-19 emergency. The decision could open the door for taxpayers who paid penalties between January 20, 2020, and July 10, 2023, to claim refunds.
Understanding the Legal Framework
Internal Revenue Code Section 7508A allows the IRS to extend tax filing and payment deadlines when taxpayers are affected by federally declared disasters. Under the 2019 version of Section 7508A(d), the law mandated an automatic extension running from the earliest declared incident date through 60 days after the latest incident date. For COVID-19, the earliest incident date was January 20, 2020, and FEMA established May 11, 2023, as the latest incident date—meaning the automatic extension ran through July 10, 2023, a span of more than three years.
The statute says this mandatory postponement period “shall be disregarded” when calculating various tax deadlines, including the two-year window to file a refund suit. The IRS, however, argued through its regulations that disaster extensions could never result in more than one year being disregarded, effectively capping the relief available to taxpayers.
What the Court Decided and Why It Matters
Terry Kwong sought refunds of penalties for multiple tax years. The IRS argued his claims were time-barred under the normal two-year limitation, but Kwong contended that the entire COVID-19 disaster period should be excluded from that calculation. The Court of Federal Claims agreed. Reading the plain language of the statute, the court held that the full period from January 20, 2020, through July 10, 2023, must be disregarded when computing filing deadlines, making Kwong’s February 2023 lawsuit timely.
The court also rejected the IRS’s regulatory interpretation that would have capped the extension at one year. Citing the Supreme Court’s decision in Loper Bright Enterprises, which eliminated judicial deference to agency interpretations of ambiguous statutes, the court concluded it was bound by the plain text of the law. The regulation, in the court’s view, had “misread” what the statute required. It’s worth noting that Congress amended Section 7508A in 2021 and again in 2025 to cap disaster extensions, but both amendments apply only to disasters declared after their enactment. The COVID-19 declaration predated these changes, so the original, more generous version of the law still governs.
Who Might Be Entitled to Relief?
The implications extend well beyond Terry Kwong’s case. Any taxpayer who paid IRS penalties or interest for deadlines falling within the COVID-19 disaster period may have grounds to seek a refund—including failure-to-file penalties, failure-to-pay penalties, and associated interest. This also applies to taxpayers with earlier tax years whose administrative or judicial deadlines happened to fall during the pandemic period.
Additional relief came through the Disaster-Related Extension of Deadlines Act, signed into law on December 26, 2025. This legislation modified Section 7508A to ensure that disaster postponement periods are treated as extensions when calculating refund amounts, closing a gap that previously prevented some taxpayers from recovering the full amount of their overpayments.
Taking Action to Preserve Your Rights
For taxpayers who believe they may have overpaid penalties, time remains of the essence. The first step is obtaining IRS transcripts to identify exactly what penalties and interest were assessed and paid between January 20, 2020, and July 10, 2023. Because the government may appeal the Kwong decision, tax professionals are recommending that eligible taxpayers file a protective refund claim using Form 843 (Claim for Refund and Request for Abatement), citing the Kwong decision as the legal basis. A protective claim acts as a placeholder, stopping the statute of limitations clock while legal developments continue to unfold. Claims related to this decision generally need to be filed by July 10, 2026, but acting sooner avoids administrative hurdles. For penalties that remain unpaid, taxpayers can also request abatement based on the Kwong decision.
How HTB Can Help
Recent court decisions and legislative changes have added complexity to how disaster-related tax deadlines and penalty relief are interpreted. Taxpayers who experienced penalties or interest during the COVID-19 period may benefit from understanding how these developments apply in practice. Our tax professionals work with individuals and businesses on federal tax compliance and advisory matters and regularly assist with questions related to IRS deadlines, penalties, and interest.
If you have questions about the Kwong decision or would like guidance on how these developments may relate to your situation, contact us to discuss next steps.
The Hidden Value of Accounting: Beyond Tax Season and Compliance
When most business owners think about accounting, their minds jump immediately to tax deadlines, compliance requirements, and regulatory obligations. It’s a reactive mindset where accounting becomes important when April approaches or when the IRS sends a letter. This narrow view, while understandable, overlooks something crucial: accounting is far more than a compliance function. It’s a strategic business tool that drives growth, informs decision-making, and creates long-term value for organizations at every stage of development.
The difference between viewing accounting as a necessary obligation and leveraging it as a strategic asset can mean the difference between a business that merely survives and one that truly thrives.
The Traditional View vs. the Strategic Reality
For many business owners, accounting exists in a compartmentalized space reserved for specific times of year. Tax preparation dominates this perception, involving the gathering of receipts, organizing of documents, and meeting of deadlines. Regulatory compliance, audit preparation, and avoiding penalties round out this familiar picture.
This reactive approach has significant limitations. When accounting is viewed solely as a compliance function, businesses miss opportunities for proactive financial management. They’re looking backward at what happened rather than forward at what could be. They’re checking boxes rather than uncovering insights. Strategic accounting changes all of that.
The Foundation: Accurate Financial Intelligence
At the core of strategic accounting lies accurate financial intelligence. The three critical financial statements, the balance sheet, income statement, and cash flow statement, form the bedrock of this intelligence. Each serves a distinct purpose, and when viewed together, they create a comprehensive picture of organizational health.
The balance sheet offers a snapshot of financial position at a specific moment, detailing what a business owns, owes, and the equity that remains. The income statement tells the story of profitability over a period, revealing whether the business is generating profit and where revenues and expenses are trending. The cash flow statement tracks liquidity, showing how cash moves through the business and whether there is sufficient liquidity to meet obligations and pursue opportunities.
Accuracy matters profoundly because these documents provide the foundation for all strategic decision-making. An inaccurate balance sheet might mask growing liabilities. An incorrect income statement could suggest profitability where losses actually exist. A flawed cash flow statement might hide an impending liquidity crisis. This is also where the distinction between bookkeeping and strategic accounting becomes important. Bookkeepers manage day-to-day records and ensure every dollar is tracked, providing the essential raw data. Strategic accountants transform that data into actionable insights, analyzing patterns, identifying anomalies, and turning numbers into narratives that inform business strategy.
Supporting Informed Decision-Making
Every significant business decision carries financial implications, and accounting data drives strategic choices in ways many business owners don’t fully appreciate. Consider pricing strategy: analyzing profit margins reveals which products or services deliver the best returns, where pricing may be too low to support sustainable operations, and where adjustments could improve profitability without sacrificing competitiveness.
Strategic accounting also helps identify cost reduction opportunities with nuance. Not all cost cutting is equal, and reducing expenses in the wrong areas can damage quality or operational efficiency. Professional accountants distinguish between wasteful spending that should be eliminated and valuable investments that should be protected. When evaluating major capital investments, accurate return-on-investment projections separate good ideas from great ones, replacing gut feelings with data.
Financial forecasting extends this value into the future. Strategic accountants help businesses model different growth scenarios and anticipate challenges before they arrive. What happens if sales grow by twenty percent next year? What if a key client leaves or supply costs increase? Modeling these scenarios creates preparedness and allows businesses to make strategic choices with eyes open to potential outcomes.
Cash Flow: The Lifeblood of Business Success
An old business adage holds that revenue is vanity, profit is sanity, but cash is king. A profitable business can still fail due to poor cash flow management, while effective monitoring ensures the liquidity necessary for operations and growth. Bills must be paid with cash, not accounting profits. A business might show strong profits on its income statement while simultaneously running out of cash because of timing differences between when revenue is recognized and when it is actually collected.
Strategic accounting prevents cash flow crises through vigilant monitoring and proactive planning. Real-time visibility into inflows and outflows allows businesses to see problems developing before they become critical. Identifying seasonal patterns and planning for large expenses ensures businesses are never caught off guard by predictable cycles or growth-related capital needs. When cash flow problems do emerge, professional accountants diagnose underlying causes, whether slow customer payments, excess inventory, pricing gaps, or rising overhead, rather than simply treating symptoms.
From Start-Up to Established Enterprise
Accounting plays a critical role at every stage of business growth, and early engagement with professional services provides benefits that compound over time. Refining a business plan with financial reality helps entrepreneurs move beyond optimistic projections to understand what success actually requires in concrete terms. Many promising ideas fail not because the concept was flawed, but because the financial model could not support sustainable operations.
Identifying startup tax deductions and incentives, including credits for research and development, deductions for startup costs, and other opportunities, can preserve precious early-stage capital. Establishing proper financial systems from the beginning prevents the painful process of fixing foundational problems later, which costs far more than getting things right at the start.
As businesses grow, certain milestones signal the need for enhanced accounting support: consistent revenue growth that creates transaction complexity, expansion across state lines that introduces new tax jurisdictions and compliance obligations, investor requirements for professionally reviewed financial statements, and preparations for mergers, acquisitions, or eventual sale of the business. Each of these transitions demands a level of financial sophistication that reactive, compliance-only accounting cannot provide.
Tax Strategy: Moving from Reactive to Proactive
The limitations of once-a-year tax thinking become clear when you consider how many tax-saving opportunities depend on actions taken throughout the year. By the time December ends, most opportunities to reduce that year’s tax liability have passed. Equipment purchases that could have been timed for maximum deduction benefit, strategic timing of income and expenses, and retirement plan contributions all require advance planning and year-round attention.
Ongoing tax strategy also means taking advantage of credits and incentives as they become available. Tax laws change, new incentives are introduced, and opportunities emerge throughout the year. Businesses engaged in year-round tax planning respond to these developments in real time rather than discovering them retrospectively.
Business structure is another area where professional guidance delivers substantial value. Sole proprietorships, LLCs, partnerships, and corporations each carry different tax treatments and implications. The same revenue and expenses can result in dramatically different tax liabilities depending on how the business is structured. Strategic accountants can model tax implications under different structures and evaluate whether a change could reduce liability, minimize audit risk, or provide other financial benefits.
Financial Controls and Risk Management
Proper internal controls ensure accuracy in financial reporting, maintain segregation of duties, and protect company assets. But they also serve as an early warning system. Unusual patterns in expense reports, discrepancies between physical inventory and records, or other irregularities can indicate problems ranging from honest errors to serious fraud. Identifying these red flags early allows businesses to investigate and address issues while they are still manageable, rather than waiting until they have caused significant damage.
Regulatory compliance, meanwhile, builds trust with the stakeholders who matter most: investors, customers, lenders, and employees. The costs of non-compliance extend far beyond financial penalties. Legal challenges consume management time and attention. Reputational damage from compliance failures can persist for years. Loss of business opportunities occurs when non-compliance disqualifies companies from contracts or partnerships. When these costs are fully considered, investment in proper compliance looks not like an expense, but like insurance that pays for itself many times over.
When to Bring in Professional Help
Signs that a business has outgrown DIY accounting often emerge gradually. Uncertainty about tax preparedness, errors in previous filings, significant business growth, investor demands for professional financial statements, facing a potential audit, or preparing for a business sale are all signals that professional accounting support has become necessary, not optional. When mistakes are factored in, amateur accounting is often far more expensive than professional services.
Even businesses in early stages benefit from professional guidance to establish proper foundations. Many accounting firms offer complimentary initial consultations, allowing business owners to benefit from expert perspective while assessing whether ongoing engagement makes sense for their current situation.
How HTB Can Help
At HTB, we have understood for nearly 100 years that accounting is about far more than tax season and compliance. Our team of experienced CPAs and financial professionals offer comprehensive support, from outsourced accounting and financial statement preparation to year-round tax planning, cash flow management, business advisory, and more, all tailored to your business needs and growth stage.
The competitive advantage of strategic accounting is often decisive. Businesses that leverage it as a strategic tool rather than a necessary obligation make better decisions, avoid costly mistakes, and seize opportunities that others miss. Contact us today to discover how we can transform your financial management from a compliance obligation into a genuine strategic advantage.