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Crunched Credit

Embracing ESG (Carefully)

Crunched Credit on

I really don’t want to talk about ESG.  (Actually, I do but pretend I don’t to bolster my well-earned reputation for balance…Hah!).  ESG is so politically fraught…one person’s lodestar is another shibboleth.  Tribal totem of...more

McGlinchey Stafford

TILA Disclosure Requirements Limited by New York District Court

McGlinchey Stafford on

On June 5, 2024, the United States District Court for the Southern District of New York issued a decision adopting in its entirety the May 13, 2024, Report and Recommendation regarding the Truth in Lending Act (TILA). The...more

Proskauer - Tax Talks

Proposed Regulations Issued on the Excise Tax on Repurchases of Corporate Stock

Proskauer - Tax Talks on

On April 9, 2024, the Department of the Treasury (“Treasury”) and the Internal Revenue Service (the “IRS”) issued two sets of proposed Treasury Regulations related to section 4501, REG-115710-22, which provides guidance on...more

Jones Day

Internal Revenue Service Alters Its View on Section 355 Spin-Offs

Jones Day on

The Internal Revenue Service ("IRS") recently issued important guidance identifying new positions the IRS is considering on critical aspects of tax-free spin-offs, and significantly expanding the information that taxpayers...more

Rivkin Radler LLP

Intercompany Loan Treated As Constructive Distribution and Contribution

Rivkin Radler LLP on

Heads I Win, . . . - When closely held corporations that are under common control engage in any intercompany transaction, it is prudent for the corporations and their shareholders to ensure that the transaction is being...more

Holland & Hart - The Benefits Dial

Don’t Know Much About History … But I Do Know How Employers Can Help Their Employees With Student Loan Debt!

by Elizabeth Nedrow Employers try to provide a benefits package that employees appreciate and understand. Beyond the traditional offerings like 401(k), match, medical and dental, employers often try to be responsive to...more

Rivkin Radler LLP

Sale of Mortgaged Property – Amount Realized or COD Income

Rivkin Radler LLP on

Do you feel as challenged as I do when someone asks you to explain the term “Bidenomics”? I know that it is predicated upon the imposition of higher taxes on businesses and their owners, which have not yet materialized....more

Rivkin Radler LLP

Debt or Equity? The Never-Ending Question For Closely Held Businesses

Rivkin Radler LLP on

What Was Intended? Transactions between commonly controlled, closely held businesses are often conducted in an informal manner. This is unfortunate because, in the absence of documentation, it is sometimes difficult to...more

Fox Rothschild LLP

TAX SEASON IS UPON US. Three Quick Thoughts Whether You are Divorcing or Not.

Fox Rothschild LLP on

We just saw an article published in Marketwatch (a Dow Jones electronic publication) where an executive confesses to have $100,000 in gambling debt on credit cards his spouse knows nothing about. Suffice to say there is no...more

Rivkin Radler LLP

George Washington on Debt and Taxes

Rivkin Radler LLP on

On Monday, February 20, we celebrate the birthday of George Washington. We honor this extraordinary individual who, in 1775, was unanimously selected by the otherwise fractious Continental Congress as the commander in chief...more

Rivkin Radler LLP

Applying FIRPTA to Short Sales

Rivkin Radler LLP on

State of the “Union” Did you watch the President’s state of the union address the other night? Was it as you expected? Were you hoping for something more? Were you disappointed? Did you find it informative? Maybe...more

McGlinchey Stafford

Student Loan Borrowers Beware: You May Owe State Tax on the Forgiven Debt Even If You Do Not Receive an IRS Form 1099-C

McGlinchey Stafford on

As reported late last year, the IRS announced in Notice 2022-1 (Notice) that lenders are not required to, and should not, issue IRS Forms 1099-C when certain student loan debts are forgiven. The Notice was in response to...more

Rivkin Radler LLP

Shared Appreciation Interest: Debtor-Creditor or Partners?

Rivkin Radler LLP on

When is a loan not a loan? When it’s something else – for example, equity. This is one of those pesky facts and circumstances issues that plague courts, taxpayers, and tax advisers to no end. Debt- On one end of the...more

Cadwalader, Wickersham & Taft LLP

IRS Publishes Final IBOR Transition Regulations

On December 30, 2021, the Treasury Department and IRS issued final regulations to address the taxability of modifications that replace LIBOR or another interbank offered rate (an IBOR) with a qualified rate like SOFR....more

Foster Garvey PC

There Is a Santa Claus After All – Lawmakers Deliver a Wonderful Holiday Gift to Businesses and Their Owners in a Time of Need

Foster Garvey PC on

The Consolidated Appropriations Act, 2021 - In a bipartisan effort, H.R. 133-116th Congress: Consolidated Appropriations Act, 2021 (the "Consolidated Appropriations Act, 2021") overwhelmingly passed both the House and the...more

Fox Rothschild LLP

Defining Net Income For 2020 is Going To Be “A Problem”

Fox Rothschild LLP on

I attended a seminar offered by accountant, Mitchell E. Benson, CPA, MT, CFF (Savran Benson LLP), Brian C. Vertz, Esquire (Pollock Begg) and Aliah Molczan (Savran Benson LLP) on July 9, 2020. One of the topics discussed was...more

McDermott Will & Emery

New Debt-Equity Regulations Address Certain Gaps, but More Guidance Is Expected

McDermott Will & Emery on

The final debt-equity regulations issued on May 13, 2020, finalize proposed section 385 regulations issued in 2016 without any substantive changes to the existing debt-equity regulations, and withdraw the temporary section...more

Bracewell LLP

IRS Relief for Governmental Issuers Seeking to Temporarily Buy Back VRDOs and Commercial Paper

Bracewell LLP on

Responding to volatility in the market and liquidity constraints caused by the COVID-19 pandemic, in Notice 2020-25 (the “Notice”), the IRS provides temporary relief for governmental issuers seeking to purchase their own...more

ArentFox Schiff

IRS Bars Potential Double Tax Benefit for Use of PPP Loan Proceeds

ArentFox Schiff on

Under IRS Notice 2020-32, no deduction is allowed for a payment that is otherwise deductible if the payment of the expense results in forgiveness of a covered loan pursuant to the CARES Act and the income associated with such...more

Wilson Sonsini Goodrich & Rosati

Principal Tax Issues in Debt Restructurings

As a result of the current difficult economic environment, many debtors and lenders find themselves in the position of having to renegotiate and restructure their debt obligations and entitlements. Without careful upfront tax...more

Best Best & Krieger LLP

Best in Law: Take Some Time with Your Minute Book

BB&K Business Attorney Brian Reider Discusses the Importance of Minute Books in the Southern California Newspaper Group - Looking back at the year, one recurring theme emerges with corporate clients and their...more

Kramer Levin Naftalis & Frankel LLP

Debt-Equity Dashed Expectations: Treasury and the Service Retain Onerous Section 385 Regulations

On Nov. 4, 2019, the Department of the Treasury (Treasury) and the Internal Revenue Service (the Service) published final debt-equity regulations (the Final Regulations) and an advance notice of proposed rulemaking (the...more

Stinson - Benefits Notes Blog

IRS Approves Student Loan Repayment “Match” Under 401(k) Plan

One of the clear trends in employee benefits involves companies offering assistance with their workforce’s student loan repayments. The reasons are obvious. Student loan debt is now the largest source of consumer debt after...more

Stinson LLP

IRS Approves Student Loan Repayment "Match" Under 401(k) Plan

Stinson LLP on

One of the clear trends in employee benefits involves companies offering assistance with their workforce's student loan repayments. The reasons are obvious. ...more

Polsinelli

IRS Issues New Guidance on Using 401(k) Plan Contributions to Reward Student Loan Repayments

Polsinelli on

For many employees, contributing to a retirement plan is often easier said than done. This is especially true for employees who enter the workforce with significant student loan debt. ...more

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