News & Analysis as of

Audits

Delaware’s Escheats Law Faces Due Process Challenge

by Alston & Bird on

In 2015, following Delaware’s commencement of an unclaimed property audit of Plains All American Pipeline, that holder initiated a lawsuit in the U.S. District Court for the District of Delaware seeking declaratory judgment...more

Tax Talk: Volume 10, Issue 2

by Morrison & Foerster LLP on

EDITOR’S NOTE - With the failure of health care legislation to “repeal and replace” the Affordable Care Act, eyes in Washington, D.C. are now turning to tax reform. Since Congress plans to take August off, any real tax...more

New partnership audit rules can apply to partnerships, LLCs with only a few partners, members

by Thompson Coburn LLP on

Effective in 2018, changes in partnership audit rules may apply the following (and other) consequences to partnerships (including LLCs taxed as such)...more

Resistance is not Always Futile: New Decision in Ongoing Delaware Unclaimed Property Audit Litigation

by McDermott Will & Emery on

On August 9, 2017, the US Court of Appeals for the Third Circuit (Third Circuit), overruling the US District Court for the District of Delaware (District Court), allowed a claim by a holder seeking to prevent an unclaimed...more

Increased Compliance and Enforcement Activities Under the Trump Administration: Are You Prepared?

by Baker Donelson on

In the last several months, announcements made by the U.S. Department of Justice, U.S. Citizenship and Immigration Services, and the Department of Labor all confirm the Trump Administration's aim to increase enforcement...more

Third Circuit Breathes Life Into Procedural Due Process Claims In Pipeline’s Case Against Delaware’s State Escheator

In the case of Plains All American Pipeline L.P. v. Cook, et al., decided on August 9, the U.S. Court of Appeals for the Third Circuit largely affirmed the dismissal of Plains All American Pipeline L.P.’s (Plains) complaint...more

Delaware Publishes Draft Unclaimed Property Audit Regulations

by Reed Smith on

For the second time this year, the Delaware Department of Finance has published draft regulations governing unclaimed property audits. As required by law, these regulations address Delaware unclaimed property audit...more

Implications of Federal Partnership Audit Rules for State and Local Taxation

by McDermott Will & Emery on

The new federal partnership income tax audit rules, scheduled to take effect on January 1, 2018, will have significant implications for the state and local taxation of partnerships and their partners. Most, but not all,...more

Intangible Risky Business

by Ward and Smith, P.A. on

The national, and many times global, reach of most businesses, regardless of size and physical location, continues to drive the ever increasing importance and value of intangible assets. In fact, a business's intellectual...more

OIG to Audit Medicare Telehealth Services: What You Need to Know

by Foley & Lardner LLP on

For what may be the first time, the Office of Inspector General (OIG) at the Department of Health & Human Services (HHS) recently announced a new project to review Medicare payments for telehealth services. Accordingly,...more

The Costly Tax Consequences of ESOP Disqualification

by Davis Brown Law Firm on

Over the past several years, the IRS has renewed its focus on auditing Employee Stock Ownership Plans (ESOPs), in part because of allegedly abusive arrangements (for a quick overview, see Courtney’s ESOP post). Unfortunately,...more

Client Alert: Getting Ready for the New EEO-1 Report

In 2016 the Equal Employment Opportunity Commission (“EEOC”) announced a change to the EEO-1 Report that had typically been due by September 30th of each year. This change means that there is no EEO-1 Report due in 2017....more

Latest Revised I-9 Form Released

For the second time in less than a year, US Citizenship and Immigration Services (USCIS) has revised the Form I-9. The latest version of the form was released on July 17, and has a footer reading “07/17/17 N.” ...more

Dividing IRAs in the Context of a Divorce – No Good Deed Goes Unpunished

by McNair Law Firm, P.A. on

The recent United States Tax Court case of Jeremy Ray Summers v. Commission, T.C. Memo 2017-125, is an example of the old adage that “no good deed goes unpunished.” The case also highlights how sometimes form triumphs over...more

Immigration May Knock at Your Company’s Front Door Soon. What Do You Do?

With the Administration’s plan to build a huge wall along the United States-Mexican border stalled without funding and with waning support, the White House has increasingly shifted its immigration enforcement to employers....more

Big Changes Coming to the Form and Substance of Auditor’s Reports

In early June, the PCAOB adopted a new auditing standard (AS No. 3101) that will fundamentally change the format and substance of the audit reports provided by outside auditors to their public company clients. This is big...more

OIG Claims CMS Paid $729 Million in Erroneous EHR Incentive Payments

by Baker Ober Health Law on

In a June 12, 2017 report entitled, Medicare Paid Hundreds of Millions in Electronic Health Record Incentive Payments That Did Not Comply With Federal Requirements, the Department of Health and Human Services, Office of...more

Partnerships Prepare For New Audit Regime

by Cole Schotz on

On November 2, 2015, new partnership audit rules, repealing existing TEFRA rules, were enacted in Section 1101 of the Bipartisan Budget Act (“BBA”). On August 15, 2016, Treasury published temporary regulations (TD 9780, 81...more

New Partnership Audit Rules Apply Beginning January 1, 2018: Is Your Business Ready?

by K&L Gates LLP on

New partnership audit rules will be effective for audits of tax years beginning in 2018. Proposed Treasury Regulations have been released and are expected to be finalized in the next few months. (The comment period is open...more

Is It Time to Update Your Contract's SSAE Audit Language?

by Morgan Lewis on

The latest update to the Statement on Standards for Attestation Engagements (SSAE)—a set of standards applying to compliance reporting, issued by the Auditing Standards Board (ASB)—came into effect recently. If your contract...more

IRS Issues Guidance To Examiners Handling BBA Partnership Audits

by Fox Rothschild LLP on

As many readers know, the Bipartisan Budget Act of 2015 (“BBA”) repeals the long standing TEFRA procedures governing IRS examinations of partnerships. As a result, beginning January 1, 2018, partnerships are subject to a...more

Google Prevails, In Part (And For Now), In Compensation Data Dispute With OFCCP

On July 14, 2017, an Administrative Law Judge (“ALJ”) for the Department of Labor issued a Recommended Decision and Order (the “Opinion”) in the case brought by the Office of Federal Contractor Compliance Programs (“OFCCP”)...more

Administrative Law Judge Winnows OFCCP’s Data Request

by Littler on

On July 14, 2017, an administrative law judge issued a 43-page set of recommendations and order (“Order”) on the Office of Federal Contract Compliance Programs’ (“OFCCP”) data requests issued to Google, significantly...more

Delaware Reworks Its Recent Unclaimed Property Overhaul Legislation

by Alston & Bird on

On June 29, 2017, Delaware Governor John Carney signed into law Senate Substitute 1 for Senate Bill 79, which revises parts of Senate Bill 13, the major unclaimed property legislation passed earlier this year. Perhaps...more

ICE is coming for Undocumented Workers – How to Prevent Corporate Frostbite

by Gray Reed & McGraw on

Whatever your political views, undocumented workers and the businesses that knowingly or unknowingly employ them are coming under the microscope. If you compile recent headlines, you’ll know the President has implemented...more

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