Stalemates in Voting Rights and ICE Legislation; Small Business Funding Expanded

4 min read

Stalemates in Voting Rights and ICE Legislation; Small Business Funding ExpandedSafeguard American Voter Eligibility Act (S 1383) – Also known as the SAVE America Act, this bill passed in the House on Feb. 11 but stalled in the Senate due to the Democrat filibuster. The bill would require states to verify documentary proof of citizenship and current residential address when Americans apply for federal voter registration. The easiest documentation would be a birth certificate or passport that confirms their current legal name (most women change their last name after marriage, so they require additional documentation, such as a marriage certificate). However, research from the Bipartisan Policy Center found that nearly 1 in 10 registered voters do not have access to their birth certificate, and 52 percent do not have an unexpired passport with their current legal name. Note that these registration requirements kick in any time current voters update their registration, such as for an address change or to switch political party affiliation. The bill also requires a specific type of photo ID to cast a ballot. A driver’s license is acceptable, but not student IDs or a tribal ID that lacks an expiration date (which tribal IDs do not contain). The president is also insistent that the legislation include unrelated restrictions for transgender Americans. The debate over this bill continues in the Senate.

Department of Homeland Security Appropriations Act, 2026 (HR 7744) – This is the bill that has held up appropriations for the Department of Homeland Security (DHS) for the fiscal year ending Sept. 30, 2026. The bill was introduced by Rep. Tom Cole (R-OK) on March 2 and passed in the House on March 5. However, it triggered a partial government shutdown and is under heated debate in the Senate. Republicans insist on passing the complete bill with increased funding for national security and border protection. The legislation also includes provisions prohibiting funds for Diversity, Equity, and Inclusion and Critical Theory programs, as well as abortions and gender-affirming care for ICE detainees. Senate Democrats are seeking to include guardrails that would prohibit ICE agents from wearing masks or entering homes, schools, hospitals, etc., without a judicial warrant. Currently at a stalemate, Republicans will likely try to pass funding for the Department of Homeland Security (DHS), more money for ICE, and components of the Save America Act through a budget reconciliation bill.

Small Business Innovation and Economic Security Act (S 3971) – On March 3, Sen. Joni Ernst (R-IA) introduced this bipartisan bill to reauthorize the Small Business Innovation Research and Small Business Technology Transfer (SBIR/STTR) programs. These programs, also known as America’s Seed Fund, expired last September. The new bill enables certain agencies to award a portion of their funds to larger projects focused on technology transition, rather than incremental R&D. These agencies, which include the Departments of Defense, Energy and Homeland Security, the Environmental Protection Agency and the National Aeronautics and Space Administration, may award up to $30 million to small business projects that prioritize national security, customer demand and undercapitalized technology areas. The bill passed in the Senate on March 3, the House on March 17, and was signed into law by the president on April 13.

Tyler’s Law (S 921) – The purpose of this bill is to issue guidance for hospital emergency departments to implement fentanyl testing as a routine procedure for patients experiencing an overdose. The current standard procedure tests for marijuana, cocaine, amphetamines, PCP, and natural and semisynthetic opioids, but not synthetic opioids like fentanyl – something many ER practitioners are unaware of. The bill is named for Tyler Shamash, a California teenager who died of an overdose after he passed a drug test in an emergency room that did not include fentanyl. The bipartisan bill was introduced by Sen. Jim Banks (R-IN) on March 10, 2025. It passed in the Senate on March 23, 2026, and is currently awaiting a vote in the House.

To require the Secretary of Homeland Security to designate Haiti for Temporary Protected Status (HR 1689) – This bill was introduced on Feb. 27, 2025, and passed in the House on April 16, 2026. Amid rampant immigration enforcement, this bill is designed to extend temporary protected status for Haitian migrants through 2029. TPS is intended to provide a safe haven for foreign nationals whose home countries are experiencing temporary unsafe conditions, such as from a natural disaster or civil unrest, for which Haitians continue to qualify. This largely partisan legislation faces an uphill battle in the Senate, as well as a likely veto by the president. In February, the president revoked TPS status for approximately 330,000 Haitians in the United States. However, enforcement of that order is currently halted, and its constitutionality is under consideration by the U.S. Supreme Court.

Tax Considerations for Data Center Projects in the Age of AI

4 min read

Tax Considerations for Data Center ProjectsArtificial intelligence is driving an unprecedented surge in data center construction. Developers, private equity sponsors and their tax advisors are navigating a complicated web of questions that touch everything from ownership structure to site selection to power sourcing. Get the early decisions wrong and the tax consequences can follow a project for years.

Why REITs Have Become the Structure of Choice

Private equity has increasingly turned to real estate investment trusts when backing data center projects. Structure a REIT correctly, and you sidestep corporate-level taxation entirely. Foreign investors get an even better deal. Sovereign wealth funds and foreign pension funds can participate without any obligation to file U.S. tax returns. Data centers, with their heavy real estate footprint, slot into the REIT framework more naturally than many other asset classes.

That said, the fit is not seamless. Related party rent rules create traps for the unwary. Public pension funds and sovereign wealth funds need to confirm they do not hold stakes in both a data center REIT and its tenant. Another wrinkle involves equipment. Data centers demand significant upfront investment in personal property that may not count as qualifying REIT assets. The tax code requires that 75 percent of a REIT’s total asset value consist of real estate, cash, and government securities at each quarter’s close. Developers often must segregate personal property until the REIT builds up enough good assets to clear that hurdle.

The Power and Water Challenge

Reliable power and water access have become one of the toughest operational problems in the industry. Demand is so intense that many developers are generating their own electricity on-site. The tax treatment of these co-located power facilities depends heavily on the energy source and delivery method. Get it wrong, and the generation asset may not qualify for REIT treatment.

Solar photovoltaic systems sit on relatively solid ground under existing guidance. Nuclear and natural gas, which many see as the next wave of data center power, do not. Current rules leave significant uncertainty around whether these sources can work within a REIT structure.

Legislative and Executive Developments

The IRS priority guidance plan for 2025 and 2026 contains no projects aimed squarely at data centers. Regulation section 1.856-10(g), finalized in 2016, includes an example analyzing customized electrical and telecommunications systems in a data center context, but practitioners continue pushing for clearer rules on alternative energy.

Congress may offer relief on the waterfront. In April 2025, Representative Darin LaHood of Illinois proposed a new section 48F that would provide a 30 percent credit for qualifying water reuse projects, including on-site recycling systems at data centers. With U.S. data centers projected to consume 33 billion gallons of water by 2028, the bill attracted 21 cosponsors and bipartisan support.

The White House has made its priorities clear as well. The Trump administration’s July 2025 AI action plan established a goal of achieving global dominance in artificial intelligence, with infrastructure as one of three pillars. An executive order, issued July 23, 2025, focused specifically on reducing federal regulatory obstacles to data center construction.

Conclusion and OBBBA Incentives Worth Watching

Several provisions in the One Big Beautiful Bill Act benefit data center projects, even though lawmakers did not design them with that sector in mind. The return of 100 percent bonus depreciation under section 168(k) matters enormously for an industry requiring massive capital outlays.

Rural Opportunity Zones sweeten the economics further. Investments in qualified rural opportunity funds now qualify for a 30 percent basis step-up after five years, triple the 10 percent available in standard zones. A special rule targeting improvements to existing structures in rural areas cuts the substantial improvement threshold to 50 percent of adjusted basis, compared to more than 100 percent for non-rural funds.

Developers and investors evaluating new projects will find that entity structure, site selection, and the shifting regulatory environment all interact in ways that directly affect the bottom line. Getting the tax picture right from the start remains essential.

What to Expect with an IRS Audit

5 min read

What to Expect with an IRS AuditIf the IRS sends notice that you’re being audited, you’re likely to become anxious. However, not all audits mean you did something wrong. In most cases, it is simply a matter of verifying information on a tax return or perhaps correcting a minor error. Knowing what to expect – and how to respond – can help alleviate stress and make the audit more manageable.

An IRS audit (also referred to as an examination) is a review of your records to confirm that the information on your tax return was reported accurately and follows tax law. The best way to prepare for an audit is to respond on time, present organized and complete records, be cooperative, and communicate professionally.

Technically, most audits are triggered via an automated scoring system referred to as the DIF, which stands for Discriminant Information Function. The system flags something on your tax return that stood out. This could be inconsistencies, missing income, unusually high deductions, or inputs that don’t match information the IRS already has. Here are three key facts about IRS timing for audits:

  • The IRS generally looks back three years based on the statute of limitations
  • Most audits are related to returns filed within the past two years
  • In cases of substantial errors, audits can extend up to the last six years, especially in cases where it is believed that more than 25 percent of gross income was omitted from the filing
  • There is no statute of limitations in cases of fraud or failure to file

The Audit Process

Almost all IRS audits start with a letter stating that your return has been selected for examination. This notice will be sent by mail – not a phone call, text, or email. The letter will include the name of your assigned reviewer, his or her IRS identification number, and phone number. You should call the IRS directly to verify this information, as scammers are known to impersonate the IRS to steal money or personal data.

You may be asked to provide a variety of specific documents based on what issue(s) triggered the audit. Be sure to provide copies, not originals. Depending on your situation, the requested documents could include:

  • Income records
  • Investment statements
  • Bank forms
  • Receipts and bills
  • Canceled checks
  • Legal documents (such as divorce or custody agreements)
  • Loan agreements and settlement statements
  • Travel logs, diaries, or ticket stubs
  • Medical and dental records
  • Theft or loss of documentation (insurance claims, photos, police reports)
  • Employment records
  • Schedule K-1 forms for partnerships or S corporations

The following are the three types of IRS Audits:

Correspondence Audit – These are the least complex and are conducted entirely by mail. Sometimes the IRS simply identifies a math error or missing income and asks for payment or clarification. You can either pay the amount due or respond with documentation if you believe the IRS is incorrect.

Office Audit – An office audit requires you to visit an IRS office with the requested records. You will receive an Information Document Request (IDR) form detailing what to bring. Showing up with organized records can help resolve these audits quickly.

Field Audit – The field audit is the most extensive. An IRS agent will come to your home or business to review records. Although you will receive an IDR in advance, the agent may decide to escalate the review if he notices any “large, unusual or questionable” (LUQ) items.

The key points to remember are that poor recordkeeping and/or lack of cooperation tend to trigger a more detailed and time-consuming audit.

Once the Audit Is Complete

After the audit, the IRS will issue a report describing its findings. It may determine that no changes are necessary to your return; that you owe additional tax; or that you may be owed a refund. Should you disagree with the findings, you have options:

  • Request to meet with an IRS manager
  • Use mediation or alternative dispute resolution
  • File an appeal with the IRS
  • Take the case to court if necessary

If you agree with the audit findings, you’ll need to sign the examination report and choose from various payment options if you owe any taxes.

The Audit Process
Almost all IRS audits start with a letter stating that your return has been selected for examination. This notice will be sent by mail – not a phone call, text, or email. The letter will include the name of your assigned reviewer, his or her IRS identification number, and phone number. You should call the IRS directly to verify this information, as scammers are known to impersonate the IRS to steal money or personal data.You may be asked to provide a variety of specific documents based on what issue(s) triggered the audit. Be sure to provide copies, not originals.
Once the Audit Is Complete
After the audit, the IRS will issue a report describing its findings. It may determine that no changes are necessary to your return; that you owe additional tax; or that you may be owed a refund. Should you disagree with the findings, you have options:Request to meet with an IRS managerUse mediation or alternative dispute resolutionFile an appeal with the IRSTake the case to court if necessaryIf you agree with the audit findings, you’ll need to sign the examination report and choose from various payment options if you owe any taxes.

IRS Tax Tip 2026-36: It’s not too early to start planning for next year: Check withholding now

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IRS Tax Tips

April 30, 2026

Issue Number: Tax Tip 2026-36

It’s not too early to start planning for next year: Check withholding now

Even though the tax filing deadline for tax year 2025 passed a couple weeks ago, it’s not too early to start planning for next filing season. Planning now can help taxpayers avoid surprises next year. One action that can be taken is checking for proper tax withholding.

What is withholding?
Taxpayers need to pay their tax as they receive their income, and they do this through withholding. For employees, “withholding” refers to the federal income tax portion of each paycheck that an employer takes out for tax purposes. It can also be the amount from earnings self-employed people and others voluntarily set aside to pay their estimated taxes.

How taxpayers can check their withholding
The IRS Tax Withholding Estimator is a free, easy-to-use tool that helps workers and retirees estimate the amount of federal income tax to withhold from their paychecks now for the taxes they will owe next year.

The estimator reflects the changes to credits and deductions under the One, Big, Beautiful Bill. This includes the deductions for tips, overtime, car loan interest and enhanced deduction for seniors. It also accounts for updates tied to family-related credits, homeownership, and charitable giving.

What are the benefits of using the IRS Tax Withholding Estimator?
By using the estimator, taxpayers can manage their estimates based on any personal life change, such as buying a home, changing jobs, having a child or changing their marital status.

For people who recently completed their 2025 tax return, the IRS advises using the IRS Tax Withholding Estimator to consider all income sources such as full-time wages, side jobs and any sale of services or goods.

By adjusting tax withholding, taxpayers can:

  • Prevent owing money and potential penalties at tax time
  • Adjust withholding to increase take-home pay instead of waiting for a refund

What else taxpayers need
For an effective tax withholding estimate, taxpayers will need certain documents including:

  • All income statements, including their spouse’s if filing jointly
  • Data from other sources of earnings
  • Their most recent income tax return

More information

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IRS Tax Tip 2026-36: It’s not too early to start planning for next year: Check withholding now

IR-2026-59 Treasury, IRS provide guidance on a new method for recovering federal excise tax paid on dyed fuel established under the One, Big, Beautiful Bill

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IRS Newswire

April 30, 2026

Issue Number:  IR-2026-59

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Treasury, IRS provide guidance on a new method for recovering federal excise tax paid on dyed fuel established under the One, Big, Beautiful Bill

IR-2026-59, April 30, 2026

WASHINGTON — The Department of the Treasury and the Internal Revenue Service today issued temporary regulations and the accompanying notice of proposed rulemaking on a new method for recovering federal excise tax paid on dyed fuel established under the One, Big, Beautiful Bill.

These temporary regulations provide the procedures by which a taxpayer may recover federal excise taxes paid on clear diesel fuel or kerosene if that taxpayer later removed the fuel from a terminal as dyed fuel for nontaxable use. They also limit the claimants to taxpayers that paid to the IRS the original tax on the dyed fuel to which the claim relates.

Submitting a dyed fuel refund claim

The temporary regulations provide guidance to determine eligibility and rules for filing a claim for a dyed fuel refund. Taxpayers who paid tax on diesel fuel or kerosene and later removed the fuel from a terminal as eligible dyed fuel on or after Dec. 31, 2025, can submit a claim for refund, provided the following requirements are met:

  1. The dyed fuel was previously taxed, and the tax was not credited or refunded.
  2. The fuel is indelibly dyed by mechanical injection and removed from an approved terminal for a nontaxable use on or after Dec. 31, 2025.
  3. The claimant must be the taxpayer that paid the prior fuel excise tax imposed on such fuel.
  4. The claimant meets the reporting requirements as described in today’s guidance.
  5. The claimant uses updated Form 8849, Claim for Refund of Excise Taxes and Schedule 5 (Form 8849), Section 4081(e) and 6435 Claims, including all information and documentation required by the forms and form instructions.
  6. The claimant follows all other procedures listed in the guidance.   

Treasury and IRS recognize the importance of providing clarity to taxpayers through guidance that can be relied on to file claims and structure business arrangements as soon as possible. To enable this, the temporary regulations are effective immediately. They will expire no later than 3 years from today’s effective date and will be replaced with permanent regulations. Treasury and IRS also note that absent a statutory change, they currently lack the authority to pay the claims to anyone other than the person that paid the prior fuel excise tax to the IRS.   

Treasury and IRS welcome public comments

The notice of proposed rulemaking invites comments and requests for a public hearing on the proposed regulations.

For more information, see One, Big, Beautiful Bill Provisions on IRS.gov.

 

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IR-2026-59 Treasury, IRS provide guidance on a new method for recovering federal excise tax paid on dyed fuel established under the One, Big, Beautiful Bill