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President to Sign Consolidated Appropriations Act that Includes $900 Billion for COVID-19 Relief

On Dec. 21, 2020, Congress passed the Consolidated Appropriations Act, 2021 (CAA), an approximately $2.3 trillion omnibus appropriations bill to fund the government through September of 2021 that includes $900 billion of...more

IRS Employee Retention Tax Credit Guidance for Acquisitions of PPP Borrowers

The IRS recently updated its Employee Retention Tax Credit (ERTC) FAQs, providing additional guidance regarding the effect on ERTC eligibility of mergers and acquisitions involving Paycheck Protection Program (PPP) loan...more

Proposed Regulations Clarify Application of New ‘Ratable Share' Recognition Period for Federal Historic Rehabilitation Tax Credit

On May 21, 2020, the Department of the Treasury (Treasury) released proposed regulations (the proposed regulations)* regarding the new five-year credit period for the historic rehabilitation tax credit (HTC) under Section 47...more

6/12/2020  /  HTC , Tax Credits , U.S. Treasury

IRS Offers Advance Funding of Employee Retention Tax Credit

Businesses searching for immediate cash should not overlook the fully refundable employee retention tax credit (ERTC), which permits employers to reduce their deposits of federal employment taxes and even request advances...more

NMTC Considerations in Respect of COVID-19 Crisis

The New Markets Tax Credit (NMTC) Program is intended to facilitate flexible, long-term investments in businesses located in low-income communities. The attributes of the program are particularly helpful during situations...more

Opportunity Zones and Opportunity Funds: Treasury Issues Eagerly Anticipated Proposed Regulations and Other IRS Guidance on New...

On Friday, Oct. 19, the Treasury Department released some much needed guidance concerning qualified opportunity zones (QOZs) under Section 1400Z of the Internal Revenue Code, which was added as part of last year’s Tax Cuts...more

Opportunities and Limitations: Proposed Pass-Through Deduction Regulations Provide Clarity

Since new Section 199A was enacted late last year as part of the Tax Cuts and Jobs Act (the TCJA, discussed in Congressional Conferees Approve Long-Awaited Tax Reform), business owners and tax professionals alike have been...more

2017 Federal Tax Reform Legislation as Finally Enacted Preserves New Markets Tax Credits and Also Historic Tax Credits, With Some...

On Dec. 22, 2017, President Donald Trump signed into law the Tax Cuts and Jobs Act (the “Act”), enacting broad reforms to the Internal Revenue Code. In previous BakerHostetler Alerts published Nov. 8 and Nov. 10, we outlined...more

Senate Proposal Would Reduce Historic Tax Credit to 10 Percent, Preserve New Markets Credit Allocations Through 2019 Round

On Nov. 9, 2017, the Joint Committee on Taxation released its “Description of the Chairman’s Mark of the Tax Cuts and Jobs Act” (the “JCT Description”). The JCT Description summarizes the initial draft of the Senate Finance...more

11/13/2017  /  NMTC , Repeal , Tax Credits , Tax Reform

Historic and New Markets Tax Credits At Risk Under Current House Tax Reform Proposal

On Nov. 2, the House Ways and Means Committee released draft statutory text (the "Bill") of the proposed Tax Cuts and Jobs Act (the "Act"), the long-awaited Republican tax reform bill. On Friday, Nov. 3, Kevin Brady, Chairman...more

Retirement Planning Strategies under the Scrutiny of the Federal Fisc

President Obama’s proposed budget for 2016 shows that some retirement planning strategies have drawn the attention of the Federal government and may be subject to future legislative limitations. The President’s proposed...more

8/27/2015  /  Retirement , Retirement Plan , Roth IRA

Trusts Find Shelter from State Taxes in State Courts

In two recent cases, taxpayers have successfully challenged state taxation of trust income on the basis that the taxing states had a minimal connection to the trust. In The Kimberly Rice Kaestner 1992 Family Trust v. North...more

Repeated IRS Warnings Haven’t Stopped Telephone Scams

In October 2013, the IRS issued taxpayers a warning about a pervasive telephone scam designed to solicit payments and release of personal information from individuals. The IRS issued a second warning concerning the scam near...more

Keep Your Collection Away from the Collectors: Tax Planning for Fine Art

Appreciation of fine art can create challenging tax issues, but with proper planning collectors can minimize the estate, gift, and income tax consequences of their collections. For taxpayers hoping to keep their works...more

Analysts and Industry Leaders Bullish on North American Fracking Demand

Upon review of second quarter earnings reports from industry participants, analysts are rather bullish on future demand for hydraulic fracturing in North America. Halliburton in particular is looking to take advantage...more

7/25/2014  /  Energy Sector , Fracking , Oil & Gas

Senate Finance Committee Chairman Proposes Repeal of Like-Kind Exchange Deferral and Other Changes Affecting Real Estate

On November 21, 2013, Senate Finance Committee Chairman Max Baucus released the third package in a series of "Staff Discussion Drafts" containing proposals to reform the tax code. This third set of proposals focuses on...more

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