Government Contracting Tax

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White Collar Watch - August 2014

In This Issue: - Court of Appeals asked to clarify scope of Dodd-Frank Act whistleblower protections - Supreme Court to address circuit splits on wartime tolling and first-to-file bar - IRS amends...more

First Circuit Rules in Favor of Dialysis Operator in Tax Dispute

On August 13, 2014, the United States Court of Appeals for the First Circuit affirmed a district court’s judgment in a tax dispute proceeding that Fresenius Medical Care Holdings, Inc. (Fresenius) was entitled to more than...more

First Circuit Rejects Talley and Allows a Business Expense Deduction for Settlement Payments Made Under the False Claims Act

On August 13, 2014, the United States Circuit Court for the First Circuit rejected the United States’ request to deny Fresenius Medical Care Holdings Inc. from deducting a portion of a settlement payment to settle civil...more

Renewable Energy Update -- August 2014 #3

Renewable Energy Focus - New California tax credit would benefit Tesla gigafactory: San Jose Mercury News - Jul 11: Governor Jerry Brown announced last week that he signed legislation creating a $420 million tax credit...more

New GST refund restrictions- Impact on procurement contracts

The GST Act has been amended to introduce new restrictions on Australian Taxation Office (ATO) refunds for GST overpayments. The amendments will primarily affect suppliers that inadvertently overpay GST and pass on the cost...more

OFCCP Issues Proposed Rule Requiring Annual Compensation Disclosures

The Office of Federal Contract Compliance Programs (“OFCCP”) issued a proposed rule today that would require federal contractors and subcontractors to provide summary information on total W-2 compensation paid to employees by...more

California Court of Appeal Allows Taxpayer Lawsuit Against Contractors on Public Works Projects

Public works contractors: Beware of accusations of corruption. In Gilbane Building Company v. Superior Court, 223 Cal.App.4th 1527 (2014), an appellate court cleared the way for taxpayers to sue contractors for engaging in...more

US govt. spent $100B in improper payments | Governmental Mismanagement?

If you’re an American taxpayer, I have some bad news for you. According to recent reports by federal agencies, $100 billion in payments were made last year to people who may not have been supposed to receive them....more

Establishing A Property’s Tax Valuation – Earlier is Better

Few developers think of spending precious time and resources on working with a municipality to determine the appropriate property tax valuation method and an estimated preliminary value of a real estate project during the...more

Pennsylvania’s New Transportation Funding Law

On Nov. 25, 2013, Governor Corbett signed into law House Bill 1060. This legislation will invest an additional $2.3 to $2.4 billion into transportation by the fifth year of the plan. Partial funding for the new transportation...more

Legal Briefs - False Claims Act Liability for CRNAs Related to Medical Direction

It has never been a secret to Certified Registered Nurse Anesthetists (CRNAs) that anesthesiologists are often not able to consistently comply with all of the requirements of TEFRA (Tax Equity and Fiscal Responsibility Act of...more

Energy Storage: Opportunities, Challenges and Solutions

As our nation pursues ambitious goals towards substantially increased renewable energy resources and reduced greenhouse gas emissions, new energy storage projects will play a major role in achieving these goals....more

2013 Amendments to New York’s False Claims Act

New York recently amended its False Claims Act (New York State Finance Law § 187, et seq.) (the “NY FCA”) in response to the Inspector General of the U.S. Department of Health and Human Services’ findings that the NY FCA was...more

Important New and Amended ADOR Regulations Now in Effect

Replacement Local Nexus Rule: The Alabama Department of Revenue’s (ADOR) new local nexus regulation, Rule 810-6-5-.04.02, is now in effect and applies to all transactions occurring on or after January 1, 2014. The ADOR...more

Alabama's New Sales Tax Exemption Procedure For Contractors And Subcontractors Beginning On January 1, 2014

The Alabama legislature recently passed Act 2013-205 granting the Alabama Department of Revenue (ADOR) the authority to issue certifications of exemption to contractors for work on certain governmental construction projects....more

Focus on Tax Controversy - December 2013

In This Issue: A Decade of Lessons Learned from State Tax False Claims Act Cases; Second Circuit Reaffirms Taxpayer’s Use of Protective Refund Claims; and Challenging Regulations After Mayo and Home...more

Alabama Tax Developments: 2013 Year in Review

Our final Alabama SALT Alert of 2013 summarizes the major legislative, judicial, and administrative developments affecting Alabama taxpayers with respect to income, transactional, and property taxes so far this year. The 2013...more

White Collar Watch - November 2013

In This Issue: - The true cost of fines: Bills would address tax break for corporate fines - Senate approves new protection for criminal antitrust whistleblowers - Justice Department sinks ex-Navy...more

California Utilities Poised to Commence Renewable Energy Procurement

At its November 14, 2013 Commission meeting, the California Public Utilities Commission (the “CPUC”) conditionally accepted the renewables portfolio standard (“RPS”) procurement plans filed by various California utilities....more

Beanie Baby Founder Pleads Guilty to $53-Million Tax Evasion

Beanie Baby Founder Pleads Guilty to $53-Million Tax Evasion by Frank L. Brunetti on October 7, 2013 Ty Warner, founder of the iconic Beanie Baby empire, has agreed to plead guilty to federal tax evasion charges. His...more

Taxation on Indian Reservations: To Balance or Not to Balance, That Is the Question

Introduction - The ability of the states to impose a tax upon transactions occurring on an Indian reservation has evolved substantially in the past 50 years. After numerous court decisions, the Indian preemption...more

Under Construction - September 2013: Arizona Contractors and Design Professionals Receive Additional Protections Under Arizona’s...

For good reason, much of the focus for Arizona contractors during the recently-concluded legislative session was on transaction privilege tax (TPT) reform. That bill, HB 2111, was ultimately signed by the Governor, but only...more

Challenges To Deducting Settlement Payments Under The False Claims Act: Fresenius Sheds Light On The Burden

Whether a business may deduct litigation settlement payments can have a substantial real dollar impact on the business. In the midst of combating potential litigation, companies rarely first focus on the potential tax impact...more

Department of Justice Considers Personal Benefit an Important Factor in Prosecuting Employment Tax Cases

Department of Justice Considers Personal Benefit an Important Factor in Prosecuting Employment Tax Cases by Frank L. Brunetti on September 24, 2013 Since 2008, the U.S. economy has struggled and employers faced with the...more

Connecticut Selects Maine Wind Farm And Connecticut Solar Project For Long-Term Contracts For Energy And RECs

On September 20, 2013, Connecticut Governor Dannel P. Malloy announced that two renewable energy projects have signed long-term contracts as a result of the July 8, 2013 Connecticut Department of Energy and Environmental...more

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