IRS Publishes Proposed Section 199A Regulations

by McDermott Will & Emery
Contact

McDermott Will & Emery

In Depth

Section 199A Deduction: In General

Section 199A, enacted at the end of 2017 as part of tax reform, allows individuals and certain other non-corporate taxpayers to deduct up to 20 percent of qualified business income (QBI) beginning this year. QBI includes certain income from a partnership, S corporation or sole proprietorship, as well as 20 percent of the total qualified real estate investment trust (REIT) dividends and qualified publicly traded partnership income of the non-corporate taxpayer. Subject to limitations, QBI generally is taxable income (i.e., the net amount of items of income, gain, deduction and loss) with respect to a US trade or business. Passive investment income such as capital gains, dividends and interest income does not qualify as QBI (unless the interest is received in connection with a lending business).

Taxpayers with income in excess of certain threshold amounts are not eligible for the section 199A deduction if the income is attributable to a specified service trade or business, or an “SSTB.” The SSTB exclusion phases in for (a) individuals filing joint returns with taxable income in excess of $315,000 and (b) for other individual taxpayers and non-grantor trusts with taxable income, in each case in excess of $157,500.  These threshold amounts are indexed for inflation.  

Even if a taxpayer earns QBI that is eligible for the section 199A deduction, the amount of the deduction may be limited if the taxpayer earns income in excess of the threshold amounts. The section 199A deduction, otherwise allowable, cannot exceed the greater of (a) 50 percent of the W-2 wages paid with respect to the qualified trade or business, or (b) the sum of 25 percent of the W-2 wages paid with respect to the qualified trade or business plus 2.5 percent of the tax basis of certain tangible depreciable property used in the qualified trade or business.

On August 8, the Internal Revenue Service (IRS) and US Department of the Treasury (Treasury) published proposed regulations under section 199A. The stated purpose of the proposed regulations is to “provide taxpayers with computational, definitional and anti-avoidance” guidance under section 199A.

Definition of Specified Service Trade or Business

Income exceeding the threshold amounts stated above that is from a SSTB is not eligible for the section 199A deduction because a SSTB is not a “qualified” trade or business under section 199A.

Under section 199A, an SSTB is defined as “any trade or business involving the performance of services in the fields of health, law, accounting, actuarial science, performing arts, consulting, athletics, financial services, brokerage services, or any trade or business where the principal asset of such trade or business is the reputation or skill of one or more of its employees or owners.” Section 199A provides that an SSTB also includes the “performance of services that consist of investing and investment management, trading, or dealing in securities, partnership interests, or commodities.”

The proposed regulations take further steps to define each field that is an SSTB. While questions remain, the definitions in the proposed regulations appear to be narrowly tailored to address specific lines of services in what could otherwise be viewed as broad categories. For example, the proposed regulations define the performance of services in the field of:

  1. “Health” as “the provision of medical services by individuals such as physicians, pharmacists, nurses, dentists, veterinarians, physical therapists, psychologists and other similar healthcare professionals performing services in their capacity as such who provide medical services directly to a patient (service recipient)”;

    The proposed regulations exclude services “not directly related to the medical services field” such as the operation of health clubs or health spas and “payment processing, or the research, testing, and manufacture and/or sales of pharmaceuticals or medical services”;

  2. “Law” as “the performance of services by individuals such as lawyers, paralegals, legal arbitrators, mediators, and similar professionals performing services in their capacity as such” but exclude ancillary services that “do not require skills unique to the field of law”;
  3. “Accounting” as “the provision of services by individuals such as accountants, enrolled agents, return preparers, financial auditors, and similar professionals performing services in their capacity as such”;
  4. “Consulting” as “the provision of professional advice and counsel to clients to assist the client in achieving goals and solving problems” but states that consulting “does not include the performance of services other than advice and counsel, such as sales or economically similar services or the provision of training and educational courses”;
  5. “Athletics” as “the performance of services by individuals who participate in athletic competition such as athletes, coaches, and team managers in sports such as baseball, basketball, football, soccer, hockey, martial arts, boxing, bowling, tennis, golf, skiing, snowboarding, track and field, billiards, and racing”;
  6. “Financial services” as “the provision of financial services to clients including managing wealth, advising clients with respect to finances, developing retirement plans, developing wealth transition plans, the provision of advisory and other similar services regarding valuations, mergers, acquisitions, dispositions, restructurings (including in title 11 or similar cases), and raising financial capital by underwriting, or acting as a client’s agent in the issuance of securities and similar services”;

    Notably absent from the definition of financial services is a traditional banking business.
  7. “Investing and investment management” as “a trade or business involving the receipt of fees for providing investing, asset management, or investment management services, including providing advice with respect to buying and selling investments” but excluding the business of “directly managing real property”;
  8. “Trading” as “a trade or business of trading in securities (as defined in section 475(c)(2)), commodities (as defined in section 475(e)(2)), or partnership interests. Whether a person is a trader in securities, commodities, or partnership interests is determined by taking into account all relevant facts and circumstances, including the source and type of profit that is associated with engaging in the activity regardless of whether that person trades for the person's own account, for the account of others, or any combination thereof”;
  9. “Dealing in securities” as “regularly purchasing securities from and selling securities to customers in the ordinary course of a trade or business or regularly offering to enter into, assume, offset, assign, or otherwise terminate positions in securities with customers in the ordinary course of a trade or business”; or
  10. Any trade or business where the principal asset of such trade or business is the reputation or skill of one or more of its employees or owners.

    The proposed regulations provide that a business is an SSTB under this rule if it is a business in which a person receives fees, compensation or other income, including receipt of a partnership interest or S corporation stock, for: (a) endorsing products or services; (b) the use of a person’s image, likeness, name, signature, voice, trademark or any other symbols associated with the individual’s identity; or (c) appearing on radio, television or another media format.

Other SSTB services specifically listed in the proposed regulations are actuarial science, performing arts and brokerage services. The performance of services in the field of performing arts does not include the provision of services that do not require skills unique to the creation of performing arts, such as the maintenance and operation of equipment and facilities for use in the performing arts. Brokerage services do not include services provided by real estate agents and brokers, or insurance agents and brokers.

The definition of SSTB, like many other provisions in the proposed regulations, become effective only when the Treasury publishes final regulations. Taxpayers may, however, rely on these definitions (and certain other specified provisions) until the Treasury publishes final regulations.

Definition of Trade or Business

“Trade or business” is a key term in section 199A; only amounts earned in a qualified trade or business are eligible for the full benefit of the deduction. However, neither section 199A nor its legislative history defines trade or business.

The proposed regulations adopt the definition of trade or business elsewhere in the Code, with modifications. The proposed regulations also aggregate certain related entities into a single trade or business. This extension of the trade or business definition allows more than one legal entity to be treated as conducting a single trade or business for purposes of the section 199A deduction, potentially increasing the amount of a taxpayer’s deductible QBI.

The proposed regulations extend the definition of trade or business to include the rental or licensing of tangible or intangible property to a commonly controlled trade or business even if such rental or licensing business does not itself constitute a trade or business under general principles under the Code. Treasury stated that the purpose of this extension is to allow taxpayers that segregate legal ownership of rental or other property from an operating business to aggregate the operating business with such property for purposes of qualifying for the section 199A deduction.

SSTB Related Party Rules

The proposed regulations adopt three rules intended to address arrangements between separate but commonly owned entities engaging in purportedly distinct businesses, one of which includes an SSTB (the SSTB Related Party Rules). Each of the SSTB Related Party Rules applies only if an SSTB and an otherwise qualifying trade or business are “related.” Businesses are related for this purpose if they share 50 percent or more common ownership. Ownership is determined under special constructive ownership rules under the Code. Under the SSTB Related Party Rules:

  1. Any trade or business that provides 80 percent or more of its property or services to a related SSTB is itself treated as an SSTB;
  2. A trade or business is treated as an SSTB if (1) it shares expenses (including wages or overhead) with a related SSTB and (2) the trade or business’s gross receipts represent 5 percent or less of the total combined gross receipts of the trade or business and the related SSTB during a taxable year; and
  3. Even if a trade or business is not treated as an SSTB in its entirety under either of the prior two rules, any portion of a trade or business providing property or services to a related SSTB is treated as part of the SSTB.

Any income earned by a trade or business that is treated as an SSTB (under either of the first two SSTB Related Party Rules) or as part of the related SSTB (under the third SSTB Related Party Rule) will not be QBI. Such income therefore will not be eligible for the section 199A deduction unless the taxpayer’s taxable income is less than the previously mentioned applicable threshold.

The SSTB Related Party Rules are effective for any tax year ending after December 22, 2017, the date tax reform was enacted.

Exception for de minimis SSTB

The proposed regulations add a de minimis exception to the definition of SSTB, which was not included in section 199A. Under the exception, a business that generates $25 million or less gross receipts for a taxable year will not be an SSTB if less than 10 percent of its gross receipts are attributable to the performance of services in the fields that are SSTBs. A business that generates more than $25 million of gross receipts for a taxable year will not be an SSTB if less than 5 percent of its gross receipts are attributable to the performance of services in the fields that are SSTBs.

Anti-Abuse Provisions for Trusts

Certain limitations on the section 199A deduction, including the preclusion of the deduction for SSTBs, apply only to taxpayers with taxable income in excess of $315,000 for joint filers and $157,500 for other taxpayers. A non-grantor trust is treated as a taxpayer and is subject to the section 199A limitation only if its income exceeds is $157,500.

The grantor of a grantor trust is treated as directly receiving any QBI received by the grantor trust. The threshold income amounts for a non-grantor trust, on the other hand, are determined at the trust level (without taking into account deductions for trust distributions). Absent an anti-abuse rule, taxpayers could circumvent the income thresholds by creating multiple trusts, each of which would take advantage of its own threshold income amount. 

The proposed regulations utilize the authority granted by section 643(f) to prevent taxpayers from establishing or funding multiple non-grantor trusts in order to increase the section 199A deduction. Section 643(f), enacted in 1984, grants Treasury authority to issue regulations treating two or more trusts as a single trust if (1) the trusts “have substantially the same grantor or grantors and substantially the same primary beneficiary or beneficiaries” and (2) “a principal purpose” of the trusts is the avoidance of income tax. For purposes of applying this section, spouses are treated as one person.

The proposed regulations provide a presumption that two or more trusts were formed for a principal purpose of avoiding tax if the establishing or funding of a trust “results in a significant tax benefit unless there is a significant non-tax (or non-income tax) purpose that could not have been achieved without the creation” of the separate trusts. This rule is illustrated in two examples. One example clarifies that two trusts established by the same grantor for the primary of two different children would be respected as two separate trusts. However, another example provides that three separate trusts for four potential beneficiaries would be aggregated as one trust if the separate trusts were for the benefit of more than one beneficiary without further explanation.

The proposed regulations apply to arrangements involving multiple trusts that are entered into or modified after the date that final regulations are published. The proposed regulations take the position, however, that section 643(f) is self-executing and therefore section 643(f) would apply to arrangements entered into prior to the date final regulations are published if appropriate under the statute, guidance and legislative history of section 643(f).

These anti-abuse rules are effective for any tax year ending after December 22, 2017, the date tax reform was enacted.

Electing Small Business Trusts

An electing small business trust (ESBT) is a special type of trust that is eligible to own stock in an S corporation. Because of language in the statute governing the taxation of ESBTs, some practitioners were concerned that ESBTs might not be entitled to the section 199A deduction. The proposed regulations clarify that an ESBT is entitled to the section 199A deduction in connection with its share of an S corporation’s QBI.

Non-Application of SSTB Definitions to Section 1202

Section 199A defines an SSTB, in part, by cross-reference to section 1202(e)(3)(A) (with certain modifications). Section 1202 allows taxpayers to exclude all or part of gain recognized from the sale of certain “qualified small business stock.” Similar to section 199A, certain service businesses are not treated as “qualified” for purposes of section 1202. Many practitioners expected that because section 199A defines SSTB, in part, by cross-reference to the section 1202(e)(3)(A) definition of a qualified trade or business, the content of the section 199A regulations would be useful to also provide guidance regarding the application of section 1202. However, Treasury makes clear that the definition of SSTB in the proposed regulations provides “[d]istinct guidance for section 199A” that “applies only to section 199A” and not section 1202.

Adjusted Tax Basis in Pass-Through Entities

Shareholders and partners that are allocated deductions from an S corporation or partnership typically must reduce their tax basis in their shares or partnership interests by the amount of the deduction. Section 199A provides that the section 199A deduction is applied at the shareholder level (for S corporations) or partner level (for entities classified as partnerships). The proposed regulations clarify that the section 199A deduction does not affect a shareholder’s or partner’s tax basis in an S corporation or partnership.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© McDermott Will & Emery | Attorney Advertising

Written by:

McDermott Will & Emery
Contact
more
less

McDermott Will & Emery on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.