News & Analysis as of

Capital Expenditures

Supreme Court To Hear Dispute Over Debt Recharacterization

One critical issue affecting complex restructuring cases are efforts by the estate or creditors to recharacterize debt into equity. This can happen in a variety of factual contexts, including where an existing equity...more

R&D Based Domestic Industry Questions Remain

by Jones Day on

As noted in a previous post, ALJ Lord issued a domestic industry ruling, which the Commission later vacated without position, finding that R&D-based investments in plant and equipment or labor and capital cannot count towards...more

SCOTUS to Settle Circuit Split on Rule Applicable to Recharacterization of Debt to Equity Disputes

The Supreme Court has granted certiorari to decide the question of whether bankruptcy courts should apply state law or a federal rule of decision when determining whether to recharacterize a debt claim as a capital...more

Pennsylvania’s Malt Beverage Tax Credit to Take Effect in July

Have you been waiting to buy that new 20 barrel Brite tank? How about buying more kegs to distribute your beer? Beginning July 1, Pennsylvania breweries will have a new incentive to purchase brewing equipment, machinery, or...more

ITC Scrubs Domestic Industry Holding In Brushes Investigation

by Jones Day on

On February 7, 2017, the ITC issued a Notice modifying the ALJ’s Initial Determination in Certain Electric Skin Care Devices, Brushes and Chargers Therefor, and Kits Containing Same, ITC Inv. No. 337-TA-959 and issuing...more

New Treasury Regulations Curtail Planning Opportunities for Partnership Structures

by Dechert LLP on

The U.S. Treasury Department and the Internal Revenue Service issued final and temporary regulations (the “2016 Regulations”) on October 5, 2016 addressing the partnership disguised sale and debt allocation rules. The 2016...more

There is life after death...of the Bottom-Dollar Guarantee

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On October 5, 2016, the Treasury Department published several pieces of guidance relating to disguised sales, allocation of liabilities, and other partnership tax issues, including “bottom-dollar”...more

New Partnership Liability and Disguised Sale Regulations

Key Points - - Final, temporary and proposed regulations issued on October 5, 2016, address complex rules dealing with partnership disguised sales and debt allocation rules under Sections 707 and 752 of the Internal...more

Pennsylvania 2016-2017 Budget Revives Brewers’ Tax Credit – With A Catch

Pennsylvania Governor Tom Wolf recently signed into law the last piece of the 2016-2017 budget picture: House Bill 1198, the revenue package to pay for the spending previously approved by the House and Senate and which became...more

IRS Raises Safe Harbor Threshold and Simplifies Recordkeeping for Small Businesses to Deduct Certain Expenditures

by M. Robinson & Company, P.C. on

The Internal Revenue Service (IRS) announced on November 24, 2015 that it has raised the safe harbor threshold for small businesses to deduct certain capital expenditures from $500 to $2,500....more

What's Driving Record M&A Activity — And Will It Continue?

by Bilzin Sumberg on

Corporate America just can't spend its hoarded piles of cash savings fast enough. Climbing out of the deep hole of the most recent recession, big corporate America is now fast and furiously looking for ways to spend its cash...more

Canada’s Federal Budget 2015: A Significant Boost to Canadian LNG and Resources

by DLA Piper on

In its last budget before a fall election, the Canadian federal government made a number of new spending commitments in energy and resources area, and also made significant changes to the tax and financing regime for...more

The Hidden Tax Expenditures

by Moore & Van Allen PLLC on

In my last post, I wrote about the largest State tax expenditures identified by the Department of Revenue in a report issued in December 2011 and how those expenditures fared under tax reform efforts in 2013 and 2014. Those...more

Water and Wastewater Projects: Financing with Tax-Exempt Bonds

Introduction - Managers of water and wastewater utilities face complex financial challenges. The purpose of this guidebook is to provide an overview of issues relating to the financing of water and wastewater projects...more

Federal Budget, Economic Action Plan 2013

by Dentons on

On March 21, 2013, the Minister of Finance tabled the 2013 federal budget, Economic Action Plan 2013. There are announced changes which will be of particular interest to the mining sector....more

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