As far back as I can remember, the end of August has always elicited a sense of dread comparable to what many schoolchildren, and a fair number of adults, experience every Sunday afternoon. In retrospect, I cannot say that...more
9/4/2024
/ Adjusted Gross Income ,
Administrative Law Judge (ALJ) ,
Bonuses ,
Dividends ,
New York ,
Non-Resident Income Taxes ,
Non-Residents ,
Restricted Stocks ,
State Taxes ,
Stock Appreciation Rights ,
Tax Audits ,
Taxable Income ,
Vesting
A national study released in 2015 reported that “nearly half the residential purchases of over $5 million were made by shell companies rather than named people.”[ii] Because shell companies could often be formed without...more
1/5/2024
/ Beneficial Owner ,
Business Ownership ,
Corporate Transparency Act ,
Department of Finance ,
Disclosure Requirements ,
FinCEN ,
Limited Liability Company (LLC) ,
New York ,
Popular ,
Real Estate Investments ,
Shell Corporations ,
U.S. Treasury ,
US State Departments
The Office of the New York State Comptroller just released a new report that examines taxpayer migration trends during the pandemic. The report, which builds on an earlier analysis of pre-pandemic taxpayer migration trends,...more
12/8/2023
/ Administrative Law Judge (ALJ) ,
Capital Gains ,
Carried Interest ,
Compensation ,
Conciliation ,
Dividends ,
Double Taxation ,
Investment Management ,
K-1 ,
Limited Liability Company (LLC) ,
New York ,
Non-Residents ,
Partnerships ,
Relocation ,
Resident Status ,
State Taxes ,
Tax Appeals ,
Tax Credits ,
Tax Rates ,
Tax Returns ,
Taxable Income ,
Tribunals
New York Governor Kathy Hochul signed a bill on Friday, November 20, 2023, that allows New York City cannabis businesses to deduct business expenses paid or incurred in carrying on such business for purposes of determining...more
11/21/2023
/ Business Expenses ,
Business Taxes ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Internal Revenue Code (IRC) ,
Marijuana Related Businesses ,
New Legislation ,
New York ,
Schedule I Drugs ,
Tax Deductions ,
Tax Liability
NY Needs the Revenue-
A couple of weeks ago, the Tax Foundation released its latest “State Business Tax Climate Index,” which assesses a state’s tax system and compares it to that of other states. New York seems to be a...more
11/15/2023
/ Audits ,
Conciliation ,
Investors ,
Limited Liability Company (LLC) ,
Managing Members ,
New York ,
OCC ,
Penalties ,
Personal Liability ,
Responsible Person Liability ,
Sales Tax ,
State Taxes ,
Tax Liability ,
Tax Revenues
NY’s Almost There-
Back in June of this year, New York’s legislature passed a bill that, if enacted, would create the first state-level public database with information regarding the ownership of limited liability...more
8/24/2023
/ Beneficial Owner ,
Business Entities ,
Business Ownership ,
Civil Liberties ,
Corporate Transparency Act ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
FinCEN ,
IRS ,
Limited Liability Company (LLC) ,
New York ,
Privacy Act of 1974 ,
Tax Audits ,
Tax Fraud ,
Tax Liability ,
Tax Reform ,
Transparency ,
US State Departments ,
Whistleblowers
Hasta La Vista N.Y.-
Wealthy individuals continue to leave New York for tax friendlier jurisdictions.
Be Prepared-
Some of these taxpayers take a very methodical approach toward planning for their departure. They...more
5/18/2023
/ Administrative Law Judge (ALJ) ,
Audits ,
Capital Gains ,
Documentation ,
Domicile ,
Exit Tax ,
Income Taxes ,
Limited Liability Company (LLC) ,
Membership Interest ,
New York ,
Non-Resident Income Taxes ,
Purchase and Sale Agreements ,
Relocation ,
State Taxes ,
Tax Court ,
Taxation
Many years ago, New York revised its personal income tax law to achieve close conformity with the Federal system of income taxation. The stated purpose for the revision was to simplify tax return preparation, improve...more
3/27/2023
/ Adjusted Gross Income ,
Audits ,
Documentation ,
Income Taxes ,
IRS ,
New York ,
Real Estate Professionals ,
Rental Property ,
State Taxes ,
Tax Appeals ,
Tax Deductions ,
Taxable Income ,
Taxation
History is replete with examples of leaders who chose to battle, or who were forced into defending against, enemies on two fronts. Rarely did it end well for the combatant that occupied the middle ground.
In a sense, New...more
3/1/2023
/ Amicus Briefs ,
Bona Fide Relationship Test ,
Connecticut ,
Coronavirus/COVID-19 ,
Double Taxation ,
Income Taxes ,
Local Revenues ,
New Jersey ,
New York ,
Non-Resident Income Taxes ,
Non-Residents ,
Out-of-State Employees ,
Remote Working ,
State Taxes ,
Tax Policy ,
Tax Revenues ,
Telecommuting
According to a report issued by the National Association of Realtors a couple of days ago, last year saw a large outmigration of people from California and New York, while Florida and Texas experienced a comparably large...more
2/3/2023
/ Beneficiaries ,
Closely Held Businesses ,
Domicile ,
Estate Planning ,
Exemptions ,
Gifts ,
Grantor Trusts ,
Income Taxes ,
New York ,
Non-Residents ,
Settlors ,
State and Local Government ,
Tax Liability ,
Trusts ,
Value Appreciation ,
Wealth Tax
Last Thursday, New York State Senator Gustavo Rivera, who represents the 33rd District (basically, the northwestern quadrant of The Bronx), proposed legislation that seeks to collect more taxes from the State’s high-income...more
1/26/2023
/ Capital Gains ,
Estate Tax ,
High Net-Worth ,
Income Taxes ,
Net Investment Income ,
New York ,
Selling a Business ,
State Taxes ,
Tax Increases ,
Tax Rates ,
Taxable Income ,
Trusts ,
Wealth Tax
It wouldn’t be far-fetched to say that, as a species, we humans have a propensity – rooted in our instinctive tendency for self-preservation – toward denying anything we believe may cause us harm. It should come as no...more
I am guessing that, later this week, many if not most of us will celebrate our uniquely American holiday, Thanksgiving Day. Hopefully, we will be fortunate enough to spend the day and share a meal with family and friends....more
11/23/2022
/ Business Licenses ,
Gambling ,
Gaming Revenues ,
Holidays ,
Income Taxes ,
Marijuana ,
Marijuana Related Businesses ,
New York ,
Recreational Use ,
Retailers ,
Tax Revenues ,
Thanksgiving
Last week, Governor Murphy of New Jersey staked out a position on New York City’s congestion pricing proposal, stating that it “can’t be ‘on the backs of New Jersey commuters.’”
“Whether it’s how we’re taxed by our...more
9/15/2022
/ Administrative Law Judge (ALJ) ,
Audits ,
Capital Gains ,
Commuting ,
Financial Statements ,
Governor Murphy ,
Information Document Requests ,
New Jersey ,
New York ,
Out-of-State Employees ,
Residency Status ,
State of Residency ,
State Taxes ,
Tax Appeals ,
Tax Tribunal
Everyone has heard about the affluent, or even not-so-affluent, New Yorkers who have moved to Florida, or to another state, to escape New York’s tax regime, not to mention the cold.
More recently, some of us are...more
8/30/2022
/ Burden of Proof ,
Citizenship ,
Conditional Permanent Residence ,
Domicile ,
Estate Tax ,
Exit Tax ,
Intangible Property ,
Intent ,
New York ,
Non-Residents ,
Primary Residence ,
Relocation ,
State Taxes
Where is the Economy Heading?
According to the data released Friday by the Department of Labor, the U.S. economy added approximately 528,000 jobs in July, reducing the unemployment rate to 3.5 percent. Although this...more
8/9/2022
/ Administrative Law Judge (ALJ) ,
Business Taxes ,
Closely Held Businesses ,
Department of Labor (DOL) ,
Federal Reserve ,
Foreign Markets ,
Income Taxes ,
IRS ,
New York ,
Price Inflation ,
Tax Appeals ,
Tax Liability ,
Tax Tribunal ,
Unemployment ,
Wages ,
Withholding Tax
“Summertime and the Living” Isn’t Easy-
Summer in the New York Metro Area can be challenging. Some would say it sucks. It gets really hot. When it rains, it pours – no spritz here. The humidity is oppressive. Ironically, a...more
7/20/2022
/ Administrative Law Judge (ALJ) ,
Audits ,
Business Licenses ,
Business Ownership ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Cost-of-Living Adjustment (COLA) ,
Domicile ,
Financial Statements ,
Florida ,
Homestead Exemption ,
Income Taxes ,
Information Document Requests ,
New York ,
Non-Residents ,
Online Gaming ,
Price Inflation ,
S-Corporation ,
Sports Betting ,
State Budgets ,
State Taxes ,
Stock Markets ,
Tax Increases ,
Tax Revenues
Escape from New York-
According to data released by the IRS earlier this year, the pandemic triggered a “wealth migration” that saw high-tax states like New York lose high-income earners to low-tax jurisdictions such as...more
7/6/2022
/ Administrative Law Judge (ALJ) ,
Appellate Courts ,
CPLR ,
Income Taxes ,
IRS ,
New York ,
Non-Permanent Residents ,
Non-Residents ,
Price Inflation ,
Remote Working ,
Residency Status ,
Resident Non-Domiciled (RND) ,
Stabilization Issues ,
State Taxes ,
Tax Appeals ,
Tax Returns ,
Tax Revenues ,
Tax Tribunal ,
Vacation Homes
State Finances-
Much has been written over the last few weeks about the unprecedented financial cushion that many states have accumulated thanks to federal support prompted by the pandemic and larger-than-expected tax...more
5/24/2022
/ Adjusted Gross Income ,
Administrative Law Judge (ALJ) ,
Audits ,
Federal Aid ,
IRS ,
Limited Liability Company (LLC) ,
New York ,
State Budgets ,
State Taxes ,
Tax Appeals ,
Tax Liability ,
Tax Returns ,
Tax Revenues ,
Taxable Income
Limited Liability?
Many individual taxpayers who invest in a closely held business, including one organized as a corporation, fail to appreciate there are circumstances in which they may be held personally liable by a...more
5/10/2022
/ Audits ,
Closely Held Businesses ,
Corporate Taxes ,
Duty to Act ,
Financial Transaction Tax ,
Income Taxes ,
Information Document Requests ,
New York ,
Personal Liability ,
Sales Tax ,
Shareholders ,
Tax Appeals
Taxes and Snowy Weather?
How many of you awoke Saturday to find that the winter storm about which we had heard so much during the preceding days had lived up to its hype? What was your first thought? “Fudge,” right?...more
2/4/2022
/ C-Corporation ,
Income Taxes ,
IRS ,
Liquidation ,
New York ,
Partnerships ,
Pass-Through Entities ,
S-Corporation ,
State Taxes ,
Tax Authority ,
Tax Deductions ,
Taxable Income ,
Unincorporated Business Tax (UBT)
Goodbye New York-
Late last year, the U.S. Census Bureau released data showing population shifts across the country during 2021. According to this information, New York lost 1.8 percent of its population...
...more
1/18/2022
/ Apportionment ,
C-Corporation ,
Census Bureau ,
Closely Held Businesses ,
Corporate Taxes ,
Domicile ,
Exit Tax ,
Income Taxes ,
Middle Market ,
New York ,
Pass-Through Entities ,
Residence Status ,
Small Business ,
State of the State ,
Tax Advice ,
Tax Increases ,
Tax Relief ,
Taxable Income
Timing-
I had planned to post this piece during the third week of December, a day or so after the exchange between Senator Manchin and the White House sealed the fate of the Build Back Better plan, at least in its current...more
1/4/2022
/ Business Assets ,
Closely Held Businesses ,
IRS ,
Limited Liability Company (LLC) ,
New York ,
Partnerships ,
Pass-Through Entities ,
Private Equity ,
QSub ,
Reorganizations ,
Revenue Procedures ,
S-Corporation ,
SALT ,
Shareholders ,
Tax Increases ,
Tax Liability ,
Transfer Taxes
Welcome to the Governor’s office, Ms. Hochul. Unfortunately, congratulations are hardly in order; indeed, a wish for good luck seems much more appropriate.
I suppose you realize that the last round of tax legislation,...more
8/23/2021
/ Business Ownership ,
Capital Assets ,
Capital Gains ,
Corporate Taxes ,
Estate Tax ,
Income Taxes ,
Like Kind Exchanges ,
Long-Term Investment Funds ,
New York ,
S-Corporation ,
Stock Transfer ,
Tax Fraud ,
Tax Legislation ,
Tax Rates ,
Transfer on Death Deed (TOD) ,
Transfer Taxes
New York’s Governor Cuomo is having a bad 2021. Some may attribute this to his hubris or to karma; others may point to an emboldened, and now veto-proof, progressive State Legislature; many will claim that Mr. Cuomo is paying...more
4/12/2021
/ Adjusted Gross Income ,
Corporate Taxes ,
Estate Tax ,
Governor Cuomo ,
Income Taxes ,
Low-Income Issues ,
New York ,
Pass-Through Entities ,
Popular ,
Qualified Opportunity Funds ,
Real Estate Transfers ,
State Budgets ,
State Taxes ,
Tax Code ,
Tax Cuts and Jobs Act ,
Tax Incentives ,
Tax Increases ,
Taxable Income ,
Wealth Tax