Tax Law, Finance & Banking, Administrative Law

N.Y. ALJ Holds Taxpayer’s Motives for Acquiring Stock and How Stock Is Used Irrelevant in Determining Investment Capital

by Lindsay LaCava, Arthur R. Rosen | McDermott Will & Emery on 5/22/2013

A New York administrative law judge recently held in Matter of C.V. Starr & Co., Inc. that income received by a taxpayer from its ownership of common stock was investment income. In so holding, the ALJ addressed an important...more

How Tobin Tax and certain regulatory duties affect Block Trades in Italy

by Iacopo Canino, Ferigo Foscari, Michael Immordino, Alessandro Seganfreddo | White & Case LLP on 1/17/2013

Italian Law No. 228 dated December 24, 2012, which approved the 2013 budget, contemplates, among others, a new tax applicable to certain financial transactions (the “Tobin Tax”). The Tobin Tax will apply to transactions,...more

Payment Matters: American Taxpayer Relief Act of 2012: Physician Cuts Averted, Hospitals to Carry Portion of Price Tag

by Kristen Cilento Carter | Ober|Kaler on 1/17/2013

Avoiding sending American taxpayers over the so-called “fiscal cliff,” Congress enacted the American Taxpayer Relief Act of 2012 (the “Act”) [PDF] that was signed into law on January 2, 2013. Of biggest note, the Act included...more

Year-End Developments And Compliance Checklists

by Cole Beaubouef, Richard Bernstein, George Danenhauer, Marie DeFalco, David Goret, Peter Greene, Elaine Hughes, Allen Levithan, Matthew Magidson, Robert Minion, Scott H. Moss | Lowenstein Sandler LLP on 1/17/2013

Lowenstein Sandler’s Investment Management Group is pleased to provide you with (i) a summary of recent legislative and regulatory developments that impact the investment management community; and (ii) checklists of year-end...more

New and Improved Retirement Plan Correction Program Includes Crucial 403(b) Relief

by David Rosner, C. John Wentzell, Jr. | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/16/2013

On December 31, 2012, as Times Square in New York was getting ready to drop the crystal ball, the Internal Revenue Service (IRS) dropped long-awaited guidance regarding retirement plan corrections in the form of Revenue...more

Healthcare Provisions In The American Taxpayer Relief Act - The Good, The Bad And The Ugly

by Susan Feigin Harris | BakerHostetler on 1/15/2013

In late night action on December 31, 2012, the American Taxpayer Relief Act of 2012 (ATRA) was passed by the Senate and finalized days later by Congress and the President with a set of tax and spending policy provisions...more

CRA Releases New APA Report

by Matthew Peters | Dentons on 1/15/2013

This is the eleventh year in which the CRA has issued such a report, which is generally intended to enhance taxpayer awareness of the APA program and to describe (i) current operational status, (ii) relevant changes, and...more

Congress Extends Exclusion for Investors in Qualified Small Businesses

by Baker, Donelson, Bearman, Caldwell &... on 1/15/2013

Among the taxpayer-favorable aspects of the American Taxpayer Relief Act of 2012 (Act), the 100 percent exclusion from gross income of gain on the sale of Qualified Small Business Stock (QSBS), provided for in section 1202 of...more

IRS Updates Employee Plans Compliance Resolution System

by Kary Crassweller, Lisa Loesel, Mary Samsa | McDermott Will & Emery on 1/14/2013

The Internal Revenue Service (IRS) recently updated the Employee Plans Compliance Resolution System (EPCRS), the comprehensive system of correction programs for sponsors of qualified retirement plans. The components of EPCRS...more

American Taxpayer Relief Act Of 2012 Impact On Charitable Giving And Exempt Organizations

by Emanuel Rossman, George Schutzer, Melissa Tai, Susan Temkin | Patton Boggs LLP on 1/11/2013

The American Taxpayer Relief Act of 2012 (the “Act”) was passed by the United States Congress on January 1, 2013 and signed into law by President Obama on January 2, 2013. The following provisions of the Act should be of...more

American Taxpayer Relief Act of 2012: Tax Implications for U.S. Taxpayers Living Abroad

by Henry Bupel, Matthew Kohley, Jenny Longman | Patterson Belknap Webb & Tyler LLP on 1/11/2013

Although the American Taxpayer Relief Act of 2012 (“Fiscal Cliff Legislation”) passed last week does not contain any sweeping changes targeted at U.S. taxpayers living abroad, a number of provisions are relevant to such U.S....more

The American Taxpayer Relief Act of 2012 and What It Means to You

by Jonathan R. Flora, James Olson | Schnader Harrison Segal & Lewis LLP on 1/11/2013

On Jan. 2, 2013, President Obama signed the “American Taxpayer Relief Act of 2012” (the “Act”) which was passed by the House and Senate the previous day to avoid the so-called “fiscal cliff.” The Act prevents many of the tax...more

After the Fiscal Cliff — A Summary of the New Federal Gift and Estate Tax Law

by Gary Phillips, Steven Saraisky | Cole Schotz on 1/11/2013

Congress took the fiscal cliff negotiations over the brink but was finally able to reach a deal resulting in the American Taxpayer Relief Act of 2012 (“2012 Act”). The 2012 Act makes the estate and gift tax laws “permanent,”...more

Conducting Workplace Investigations

by Phyllis C. Katz | Sands Anderson PC on 1/11/2013

Recently, when advising a client who was investigating a complaint of sexual harassment, I had the opportunity to revisit the EEOC’s Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by Supervisors...more

Legal Update - 2013

by D. Michael O'Leary, J. Eric "Tate" Taylor, Gary Teblum | Trenam Kemker on 1/10/2013

In This Issue: - Summary of Income Tax Provisions in the American Taxpayer Relief Act of 2012 - Summary of Federal Estate, Gift and GST Tax Provisions of the 2012 Act Please see full issue below for more...more

Wealth Management Update Newsletter - January 2013

by Proskauer Rose LLP on 1/10/2013

We Didn't (Quite) Fall off the Cliff, But We Still Have To Clean up the Mess! When the clock struck midnight on December 31, 2012, estate planning practitioners said "good night" to an unprecedented period of working...more

The American Taxpayer Relief Act of 2012 Stabilizes Federal Estate, Gift and Generation-skipping Transfer Tax Law

by Henry Grix, Judith Fertel Layne | Dickinson Wright on 1/10/2013

The American Taxpayer Relief Act of 2012 (the "2012 Act") — actually passed by Congress on January 1, 2013 — brings welcome stability to federal estate, gift and generation-skipping transfer tax law which has been in...more

New Law Expands “In-Plan” Roth 401(k) Conversions

by Nancy Gerrie, Elizabeth Savard, Joseph Urwitz | McDermott Will & Emery on 1/10/2013

The American Taxpayer Relief Act of 2012 (the "fiscal cliff" bill) allows employers to amend 401(k), 403(b) and governmental 457(b) plans to permit participants to convert pre-tax account balances to Roth account balances. ...more

Summary of Federal Estate, Gift and Generation-Skipping Transfer Tax Provisions of the American Taxpayer Relief Act of 2012

by J. Eric "Tate" Taylor | Trenam Kemker on 1/9/2013

The American Taxpayer Relief Act of 2012 (the “2012 Act”) was signed into law by President Obama on January 2nd. A summary of the important income tax features of the 2012 Act can be read here. This article summarizes the...more

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Tax Law › Finance & Banking › Administrative Law