Kenneth W. Parsons

Kenneth W. Parsons

Holland & Knight LLP

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Latest Publications


A Tribal Financial Executive’s Guide to Deferred Per Capita Plans

With the top tax bracket at nearly 40 percent, Indian tribes making substantial per capita distributions are asking what they can do to reduce their members’ tax liabilities. One option to consider is a deferred per capita...more

9/14/2015 - 401k Deferred Compensation Income Taxes Indian Gaming IRS Savings Accounts Tax Liability Tax Planning Tax Rates Tax-Deferred Exchanges Tribal Governments

IRS Issues Guidance on Tribal General Welfare Exclusion and Safe Harbors - Notice 2015-34 Provides Instruction on the Tribal...

On April 16, 2015, the Internal Revenue Service ("IRS") released Notice 2015-34, its first guidance on general welfare since President Obama signed the Tribal General Welfare Exclusion Act (the "Act") into law in September...more

4/22/2015 - General Welfare Exclusion IRS Native American Issues

Tribal General Welfare Exclusion Act: New Law Supersedes IRS Guidance - H.R. 3043 Allows Tribes More Latitude in Social Programs

On Sept. 26, 2014, President Obama signed into law a measure that excludes from taxable income various general welfare payments to members of Indian tribes. One of the last pieces of legislation agreed upon by the...more

10/7/2014 - General Welfare Exclusion IRS Native American Issues Tribal Governments

In Final Guidance, IRS Broadens General Welfare Safe Harbors for Tribal Programs - New Guidance Provides Planning Opportunities...

After receiving more than 120 written comments on how the IRS should apply the general welfare exclusion to Indian tribal government programs, the IRS has issued final guidance detailing how tribal programs may take advantage...more

6/7/2014 - General Welfare Exclusion Internal Revenue Code (IRC) IRS Safe Harbors Tribal Governments

Interim IRS Guidance Confirms Per Capita Distributions from Tribal Trust Resources Are Nontaxable

Notice 2014-17 Is a Positive Development Because It Should Ultimately Result in Consistent IRS Treatment of Tribal Trust Resources, But Several Issues Remain Unresolved. The Notice provides that the IRS and Treasury...more

3/20/2014 - Exclusions Indian Tribal Trusts IRS

Camp Seeks to Block IRS Regulations Limiting Political Activities of 501(c)(4) Organizations

On January 14, House Ways and Means Committee Chairman Rep. Dave Camp (R-Mich.) introduced legislation that would prohibit, for a period of one year, Internal Revenue Service guidance related to social welfare organizations...more

1/24/2014 - 501(c)(4) IRS Non-Profits Political Campaigns Political Contributions

Top 10 Indian Tribal Tax Developments in 2013 and Priorities for 2014

In 2013, courts were active in issues relating to Indian tribes, including ruling on state tax matters and the federal income tax aspects of Section 17 corporations. The top 10 Indian tribal tax developments from 2013...more

1/14/2014 - Casinos General Welfare Exclusion Income Taxes Indian Gaming IRS Native American Issues Tax Exemptions Tribal Corporations Tribal Governments

Tax-Exempt Financing Provisions on the Table as Congress Considers Tax Reform

Recent legislative discussions concerning tax reform have included the potential elimination of several federal provisions long considered sacred to state and local governments and untouchable by federal policymakers. Those...more

3/26/2013 - Barack Obama Itemized Deductions Municipal Bonds State and Local Government Tax Exemptions Tax Reform Tribal Governments

IRS Proposes General Welfare Exclusion Safe Harbors for Tribal Government Programs

On December 5, 2012, the Internal Revenue Service proposed a revenue procedure that would address the general welfare exclusion from gross income as it applies to tribal government programs. It would also offer a safe harbor...more

12/6/2012 - General Welfare Exclusion IRS Tribal Government Programs

IRS Notice on Per Capita Payments from Tribal Trust Settlement Proceeds Offers Insights and Planning Opportunities

On September 6, 2012, the Internal Revenue Service (IRS) issued Notice 2012-60, which addresses the federal income tax treatment of per capita payments made from the proceeds of settlements of certain Indian tribal trust...more

9/17/2012 - Indian Tribal Trusts IRS

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