Now that the Treasury Department and Internal Revenue Service have issued ?nal regulations to address at least some variations of so-called ‘‘SALT cap workarounds’’ to the Tax Cuts and Jobs Act’s limitation on individual...more
Now that the dust has settled following the issuance of the final “SALT cap workaround” regulations by the Treasury Department, here’s a summary of those regulations, the IRS guidance issued in connection with the final...more
7/15/2019
/ C-Corporation ,
Charitable Donations ,
Final Rules ,
Income Taxes ,
Internal Revenue Code (IRC) ,
IRS ,
New Guidance ,
Pass-Through Entities ,
Proposed Regulation ,
PTEs ,
Safe Harbors ,
SALT ,
Scholarship Granting Organizations (SGOs) ,
State and Local Government ,
State Taxes ,
Tax Credits ,
Tax Cuts and Jobs Act ,
Tax Deductions ,
Tax Planning ,
U.S. Treasury
On Tuesday night, May 28, Gov. Kay Ivey signed into law House Bill 419, the Alabama Financial Institution Excise Tax Reform Act of 2019 (FIETRA), which resulted from a collaborative effort between the banking community,...more
5/31/2019
/ Banking Sector ,
Corporate Taxes ,
Department of Revenue ,
Excise Tax ,
Federal Agency Taskforce ,
Federal Taxes ,
Financial Institutions ,
Governor Ivey ,
Income Taxes ,
New Legislation ,
State Taxes ,
Tax Cuts and Jobs Act ,
Tax Planning ,
Tax Reform
In a 5-3-1 decision, the Alabama Supreme Court ruled on Friday that the sale of computer software in Alabama is subject to sales or use tax, even if it’s customized in whole or in part for a particular user (see Ex parte...more
Two landmark bills were introduced in the Alabama Legislature on April 11, potentially affecting numerous businesses in the state. Committees of the House of Representatives are expected to consider the Financial Institution...more
4/16/2019
/ Banking Sector ,
Excise Tax ,
Financial Institutions ,
Income Taxes ,
Innovation ,
Proposed Legislation ,
Research and Experiment Tax Credit ,
State Taxes ,
Tax Credits ,
Tax Deductions ,
Tax Incentives ,
Tax Reform
As automotive suppliers begin work on their 2018 tax returns and implement plans for their capital expenditures in 2019, suppliers should look at a potential tax credit to help offset the costs of tooling: the Research and...more
2/20/2019
/ Automotive Industry ,
Capital Expenditures ,
Car Dealerships ,
Corporate Taxes ,
Economic Development ,
Income Taxes ,
Internal Revenue Code (IRC) ,
IRS ,
Manufacturers ,
R&D ,
R&D Tax Credits
In a case of first impression, an Alabama circuit court recently ordered a taxpayer to pay the auditing fees that a private auditing firm normally would charge to its local government clients. Initially, the court ordered the...more
Just before Christmas, the influential Public Affairs Research Council of Alabama (PARCA), the nonpartisan think tank headquartered at Samford University, released its annual report, How Alabama Taxes Compare. The contents...more
Sometimes the law of unintended consequences is difficult to correct after the fact. The most recent example may be the 2017 Tax Cuts and Jobs Act’s $10,000 annual limitation on state and local tax deductions claimed by...more
1/4/2019
/ C-Corporation ,
Charitable Donations ,
Income Taxes ,
Internal Revenue Code (IRC) ,
IRS ,
Limited Liability Company (LLC) ,
Pass-Through Entities ,
Proposed Regulation ,
PTEs ,
S-Corporation ,
Safe Harbors ,
SALT ,
Scholarship Granting Organizations (SGOs) ,
State Taxes ,
Tax Credits ,
Tax Cuts and Jobs Act ,
Tax Deductions ,
Tax Planning ,
U.S. Treasury
On October 29, the well-respected Public Affairs Research Council of Alabama (PARCA), headquartered at Samford University, issued a useful report finding Alabama’s “booming economy” had generated substantially increased tax...more
11/1/2018
/ Budget Surplus ,
Economic Development ,
ETFs ,
Federal Taxes ,
General Fund ,
Income Taxes ,
Sales & Use Tax ,
SALT ,
State Constitutions ,
State Taxes ,
Tax Cuts and Jobs Act ,
Tax Deductions ,
Tax Liability ,
Tax Reform ,
Tax Revenues
In a case of first impression by an Alabama appellate court, the Alabama Court of Civil Appeals recently considered the appeal of the Alabama Department of Revenue (ADOR) of an adverse circuit court ruling involving whether...more
9/14/2018
/ Appeals ,
Business Taxes ,
Check the Box Rules ,
Department of Revenue ,
Income Taxes ,
Limited Liability Company (LLC) ,
Sales & Use Tax ,
SALT ,
Standing ,
Tax Assessment ,
Tax Tribunal
On July 31, the Alabama Department of Revenue (ADOR or Department) released its long-awaited and quite comprehensive analysis of the impact of the Tax Cuts and Jobs Act of 2017 (otherwise known as “federal tax reform”) on...more
9/5/2018
/ Corporate Taxes ,
Department of Revenue ,
Excise Tax ,
Federal Taxes ,
Financial Institutions ,
Foreign Earned Income ,
GILTI tax ,
Income Taxes ,
Internal Revenue Code (IRC) ,
IRS ,
Pass-Through Entities ,
Proposed Regulation ,
S-Corporation ,
State and Local Government ,
State Taxes ,
Tax Cuts and Jobs Act ,
Tax Reform
On July 31, the Alabama Department of Revenue (ADOR) released its long-awaited “Analysis of Federal Tax Law Revisions on the State of Alabama,” a comprehensive review of the changes brought about by the Tax Cuts and Jobs Act...more
8/13/2018
/ C-Corporation ,
Corporate Taxes ,
Department of Revenue ,
Foreign Earned Income ,
GILTI tax ,
Governor Ivey ,
Income Taxes ,
Internal Revenue Code (IRC) ,
IRS ,
Pass-Through Entities ,
Sole Proprietorship ,
State Taxes ,
Tax Cuts and Jobs Act ,
Tax Exempt Entities ,
Tax Exemptions ,
Tax Reform ,
UBTI
The January 1, 2018 effective date of the new federal partnership audit rules quietly came and went, with many of our partnership and LLC clients and their advisers hoping that the rules were just a bad dream or would at...more
7/19/2018
/ Audits ,
C-Corporation ,
Construction Industry ,
IRS ,
Joint Venture ,
Limited Liability Company (LLC) ,
New Rules ,
Opt-Outs ,
Partnerships ,
S-Corporation ,
Tax Returns
As previously reported, during the recent legislative session the Alabama Legislature finally resolved the so-called “Moody Issue,” named after the taxpayer victory in Moody v. Alabama Department of Revenue, regarding the...more
6/12/2018
/ Department of Revenue ,
Filing Deadlines ,
Income Taxes ,
Personal Property ,
Proposed Regulation ,
Public Comment ,
Public Hearing ,
Rental Tax ,
State and Local Government ,
Tangible Property ,
Tax Amnesty ,
Tax Credits ,
Tax Penalties ,
Tax Refunds
Gov. Kay Ivey signed House Bill 384, into law last Wednesday, March 28, ending a debate that has lasted for almost a decade over the scope of the individual income tax credit for certain taxes paid to other states. ...more
Many predicted that the 2018 regular session of the Alabama Legislature would be less eventful than in years past since members of the House of Representatives and Senate are up for re-election this year, and most lawmakers...more
3/20/2018
/ Delinquency Status ,
Hiring & Firing ,
Income Taxes ,
Legislative Agendas ,
Local Taxes ,
Municipal Taxes ,
Proposed Legislation ,
SALT ,
State and Local Government ,
State Taxes ,
Tax Amnesty ,
Tax Credits ,
Tax Deductions ,
Veterans
To the surprise of many, the U.S. Supreme Court granted the State of South Dakota’s petition for writ of certiorari in South Dakota v. Wayfair, Inc. et al., No. 17-494, on January 12. The case involves the constitutionality...more
2/13/2018
/ Case Consolidation ,
Economic Presence Nexus ,
Internet Retailers ,
Online Sales Tax ,
Out-of-State Companies ,
Overstock.com ,
Petition for Writ of Certiorari ,
Physical Presence Test ,
Quill ,
Retail Market ,
Retailers ,
SCOTUS ,
South Dakota v. Wayfair ,
State and Local Government
With the Dec. 22 enactment of the federal Tax Cuts and Jobs Act, many Alabamians and companies doing business in our state should see a reduction in their 2018 federal income tax bills but, somewhat surprisingly, an increase...more
1/29/2018
/ Alternative Minimum Tax ,
Business Taxes ,
Charitable Donations ,
Corporate Taxes ,
Income Taxes ,
New Legislation ,
SALT ,
State Taxes ,
Tax Cuts and Jobs Act ,
Tax Deductions ,
Tax Planning ,
Tax Rates ,
Tax Reform ,
Trump Administration
Alabama local governments are combatting revenue losses and concomitant budget issues primarily because of the loss of their sales tax base to online sellers and because of their citizens’ demand for more or increasingly...more
1/29/2018
/ AL Supreme Court ,
Appeals ,
Business Licenses ,
Business Privilege Tax ,
E-Commerce ,
Exports ,
Imports ,
Internet Retailers ,
Municipalities ,
Out-of-State Companies ,
Retail Market ,
State and Local Government ,
State Taxes ,
Tax Appeals ,
Tax Assessment ,
Tax Revenues
The well-respected Public Affairs Research Council of Alabama (PARCA), the non-profit think tank headquartered at Samford University in Birmingham, recently published its periodic report, How Alabama Taxes Compare, which...more
The “Tax Cuts and Jobs Act” has passed both chambers of Congress and is expected to be signed by President Trump soon. Details of the final agreement among House and Senate Republicans include rate cuts for “C” corporations,...more
12/21/2017
/ Affordable Care Act ,
Business Taxes ,
Corporate Taxes ,
Income Taxes ,
Individual Mandate ,
International Tax Issues ,
Legislative Agendas ,
Local Taxes ,
Mortgage Interest ,
Pending Legislation ,
R&D Tax Credits ,
State Taxes ,
Tax Deductions ,
Tax Rates ,
Tax Reform ,
Trump Administration
Details of a final agreement among House and Senate Republicans emerged last week -- including rate cuts for “C” corporations, individuals and pass-through businesses. Here’s a summary of what the conferees have agreed to,...more
12/18/2017
/ Affordable Care Act ,
Alternative Minimum Tax ,
Business Taxes ,
Corporate Taxes ,
Income Taxes ,
Individual Mandate ,
International Tax Issues ,
Legislative Agendas ,
Local Taxes ,
Mortgage Interest ,
Pass-Through Entities ,
Proposed Legislation ,
R&D Tax Credits ,
State and Local Government ,
State Taxes ,
Tax Deductions ,
Tax Rates ,
Tax Reform ,
Trump Administration
Although every LLC, limited partnership or other pass-through entity doing business in Alabama, and even those simply organized under Alabama law, are subject to an annual business privilege tax (BPT), certain entities can...more
10/19/2017
/ Appeals ,
Business Ownership ,
Business Privilege Tax ,
Business Taxes ,
Family Businesses ,
Family Limited Liability Companies ,
Family Limited Partnerships ,
Internal Revenue Code (IRC) ,
IRS ,
Limited Liability Company (LLC) ,
Tax Planning ,
Tax Returns ,
Wealth Management
The January 1, 2018 effective date of the new federal partnership audit rules is almost here, and we encourage all entities taxed as partnerships to consider addressing the issues posed by these new rules as soon as possible....more