In less than four months, the citizens of the United States will be electing their next President to a four-year term. They will also be deciding which of the two major political parties will “control” the Senate, the House,...more
7/11/2024
/ Apportionment ,
C-Corporation ,
Conservatives ,
Controlled Foreign Corporations ,
Foreign Corporations ,
IRS ,
Moore v US ,
Partnerships ,
Pass-Through Entities ,
Presidential Elections ,
Repatriation ,
S-Corporation ,
SCOTUS ,
Shareholders ,
Sixteenth Amendment ,
Tax Cuts and Jobs Act ,
Tax Deferral ,
Tax Liability ,
Term Limits
Many of you, perhaps most, may have read about a case that will be heard by the U.S. Supreme Court during its current term. The case, Moore v. United States, comes out of the Ninth Circuit Court of Appeals. The Supreme Court...more
10/13/2023
/ Amicus Briefs ,
Apportionment ,
Certiorari ,
Controlled Foreign Corporations ,
Duties ,
Equitable Distribution ,
Foreign Corporations ,
Foreign Investment ,
Foreign Partner ,
Income Taxes ,
Internal Revenue Code (IRC) ,
Net Investment Income ,
Pass-Through Entities ,
Reinvestment Funds ,
SCOTUS ,
Shareholders ,
Sixteenth Amendment ,
Subpart F ,
Tax Cuts and Jobs Act ,
Taxation ,
Ways and Means Committee
Another Change-
Last week BDO confirmed that it was going to convert from an entity organized as a limited liability partnership under state law to one organized as a corporation.
With that, BDO became the latest in a...more
6/29/2023
/ Attestation Requirements ,
Audits ,
Business Income ,
Business Profits ,
Business Taxes ,
C-Corporation ,
Corporate Conversions ,
Corporate Taxes ,
CPAs ,
Distribution Rules ,
Dividends ,
Earnings Tax ,
Employment Tax ,
Federal Taxes ,
Industry Consolidation ,
Limited Liability Company (LLC) ,
Mergers ,
Partnerships ,
Pass-Through Entities ,
Reorganizations ,
Restructuring ,
Shareholders ,
State Taxes
Decisions-
It is often the case that the optimal form of legal entity through which a business should operate, at least for income tax purposes, will depend in part upon the stage of its life cycle in which the business...more
6/20/2023
/ Acquisitions ,
C-Corporation ,
Federal Taxes ,
Investors ,
Limited Liability Company (LLC) ,
Liquidation ,
Partnerships ,
Pass-Through Entities ,
Reinvestment Funds ,
Shareholders ,
State Taxes ,
Tax-Free Transfers ,
Taxable Income
I recently encountered an interesting situation in which someone suggested that a grantor trust be decanted into a non-grantor trust before the end of the taxable year. The reason? To avoid the special interest charge that...more
8/17/2022
/ C-Corporation ,
Capital Gains ,
Decanting ,
Grantor Trusts ,
Installment Agreements ,
IRS ,
Limited Liability Company (LLC) ,
Partnerships ,
Pass-Through Entities ,
Spouses ,
Tax Liability ,
Tax-Deferred Exchanges ,
Trusts
Tax Alchemy?
How many of you remember Section 138509 of the Ways and Means Committee’s markup last September of what would have been the Build Back Better Act? (A moment of silence, please.) Allow me to jog your memory....more
7/26/2022
/ Capital Gains ,
Domestic Partnership ,
Fair Market Value ,
IRS ,
Like Kind Exchanges ,
Partnerships ,
Pass-Through Entities ,
Property Owners ,
S-Corporation ,
Shareholder Distributions ,
Shareholders ,
Stocks ,
Tax Deferral ,
Taxable Exchanges ,
Ways and Means Committee ,
Wealth Tax
The 2023 Budget-
Last week, the New York Legislature passed the State’s 2022-2023 Budget. The $220 billion Budget reflects an $8 billion increase over last year’s budget (a more than 3 percent jump). It is also $4 billion...more
4/13/2022
/ Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Federalism ,
Financial Services Industry ,
Financial Stimulus ,
Internal Revenue Code (IRC) ,
IRS ,
Medical Marijuana ,
Pass-Through Entities ,
Popular ,
State Budgets ,
State Taxes ,
Tax Revenues
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
The Calm Before?
I’m confused. For better or worse, I’m pretty sure that I am not alone.
Last week, in a letter addressed to the American people, forty-six of the fifty Republicans in the U.S. Senate indicated they...more
8/16/2021
/ Bankruptcy Code ,
Biden Administration ,
Budget Reconciliation ,
C-Corporation ,
Chapter 11 ,
Commercial Bankruptcy ,
Debtors ,
Infrastructure ,
Limited Liability Company (LLC) ,
Liquidation ,
Pass-Through Entities ,
Private Equity Funds ,
Tax Increases ,
Taxable Distributions ,
Trustees
Not Good-
As Mr. Biden settled into the White House, and as the Democrats began planning how to best utilize their slim Congressional majority to enact and pay for their sweeping legislative agenda, the principal concern...more
6/29/2021
/ Budget Reconciliation ,
Capital Gains ,
Closely Held Businesses ,
Green Book ,
Joe Biden ,
Pass-Through Entities ,
Popular ,
Portfolio Companies ,
Tax Increases ,
Tax Rates ,
U.S. Treasury ,
Wealth Tax
What A Ride-
No one anticipated that the Administration’s proposed tax increases would fly through Congress easily – at least no one residing in a state in which the recreational use of marijuana has not been legalized....more
6/14/2021
/ Bipartisan Agreement ,
Budget Reconciliation ,
C-Corporation ,
Closely Held Businesses ,
Corporate Taxes ,
Decriminalization of Marijuana ,
Department of Labor (DOL) ,
Employment Tax ,
FICA Taxes ,
Financial Adviser ,
Infrastructure ,
IRS ,
Joe Biden ,
Limited Liability Company (LLC) ,
Marijuana ,
Medicare ,
Net Investment Income ,
Partnerships ,
Pass-Through Entities ,
Popular ,
Reasonable Compensation ,
S-Corporation ,
Shareholders ,
Social Security Taxes ,
Wealth Tax
Tax Gap-
In a report released last week, the U.S. Treasury Department explained that the so-called “tax gap” – i.e., the difference between the amount of federal income taxes owed by taxpayers for a taxable year and the...more
5/25/2021
/ Audits ,
Business Expenses ,
Business Losses ,
Business Taxes ,
C-Corporation ,
Capital Expenditures ,
Capital Gains ,
CCA ,
Closely Held Businesses ,
Enforcement ,
Income Taxes ,
IRS ,
Like Kind Exchanges ,
Long-Term Investment Funds ,
Net Investment Income ,
Partnerships ,
Pass-Through Entities ,
Real Estate Investments ,
S-Corporation ,
Shareholders ,
Tax Advice ,
Tax Deductions ,
Tax Increases ,
Tax Rates ,
Taxable Income ,
U.S. Treasury
“Yeah, I’m the Tax Man”
Last week, several media outlets reported that Mr. Biden will soon propose that Congress increase the federal income tax rate applicable to long-term capital gains recognized by individual...more
4/26/2021
/ American Taxpayer Relief Act of 2012 (ATRA) ,
Baby Boomers ,
Budget Reconciliation ,
Business Assets ,
Business Ownership ,
Business Taxes ,
Capital Gains ,
Census ,
Closely Held Businesses ,
Deferred Compensation ,
Depreciation ,
Economic Downturn ,
Income Taxes ,
IRS ,
Joe Biden ,
Loans ,
Pass-Through Entities ,
Personal Property ,
Popular ,
Retirement Funds ,
Tangible Property ,
Tax Deductions ,
Tax Increases ,
Tax Reform ,
Tax Relief Act of 2010 ,
Tax-Free Transfers ,
Taxable Income
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
The New York state budget deal announced yesterday includes a workaround of the temporary federal limit on state and local tax deductions (the SALT cap). The provision was part of Gov. Cuomo’s initial budget proposal in...more
4/7/2021
/ Business Income ,
Governor Cuomo ,
Income Taxes ,
IRS ,
Itemized Deductions ,
New York ,
Pass-Through Entities ,
S-Corporation ,
SALT ,
Shareholders ,
State and Local Government ,
State Budgets ,
State Taxes ,
Tax Cuts and Jobs Act ,
Tax Deductions ,
Taxable Income