Safe Harbor Compliance Reduces Risk of Fines and Penalties

Protect your clients–and your firm–by being proactive.

By Donny Shimamoto, CPA, CITP, CGMA

In the last few years, we’re starting to see state legislatures and attorney generals recognizing that tax practitioners are trying to protect their clients. They are formalizing this recognition with changes to regulations or laws to include “safe harbor” provisions that limit or eliminate the fines and penalties for tax practitioners who take proactive action to manage their cybersecurity risks.

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As of December 2022, the following states have some type of safe harbor provision in place:

Connecticut[i]
Ohio[ii]
Utah[iii]

In contrast, states like California and Colorado are taking the opposite approach and penalizing organizations that have data breaches.[iv]

Posted on August 14, 2023

Donny Shimamoto

About the Author

Donny C. Shimamoto, CPA.CITP, CGMA, is the founder and managing director of IntrapriseTechKnowlogies LLC, a specialized CPA firm dedicated to helping small businesses and middle market organizations leverage strategic technologies, proactively manage their business and technical risks, and enable balanced organizational growth and development. Donny also works with larger organizations as a trusted business advisor, facilitating organizational strategic planning and execution, IT governance and planning, enterprise architecture, information architecture and assurance, business process improvement, and business intelligence initiatives.

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As the founder of The Center for Accounting Transformation, Shimamoto is leading a movement to change the world for the better by empowering and equipping accountants with the leading-edge tools and techniques.

Donny was the first Certified Information Technology Professional (CPA.CITP) in the State of Hawaii and is one of only four in the state. The CITP credential is a specialty designation of the American Institute of Certified Public Accountants (AICPA), that identifies Certified Public Accountants (CPAs) with the unique ability to bridge between business and technology; meeting the strict requirements for a CPA license as well as additional training and experience in technology strategic planning, IT architecture, business process enablement, system development and acquisition, IT audit and control, and IT governance.

The immediate past chairman of the AICPA’s IMTA Executive Committee, Donny has been both influential and critical in several AICPA initiatives including the development of an IT Competency Model for CPAs, and redesign of the CITP Credential. Donny previously co-chaired the AICPA’s Business Intelligence Working Group, researching and creating practice aids in the area of Evidence-based Management, Application & Data Integration, and Information Assurance. Donny has also been involved in the authoring of guidance published by the AICPA on IT Considerations for Risk-Based Auditing and Enterprise Business Intelligence. As a subject matter expert, Donny is often an invited speaker at national and international webinars and a familiar key-note speaker at national-level conferences.

Donny obtained invaluable knowledge and exposure to a wide range of industries and sectors (retail, hospitality, state government, defense, and higher education) while earning his CPA license as a member of PricewaterhouseCoopers LLP's Business Assurance Services, Operational & Systems Risk Management Services, and Management Consulting Services lines of business. With ITK he has expanded his industry expertise to include not-for-profit (social services, foundations, and membership organizations), professional services, small businesses, technology, and mobile professionals.

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