The IRS issued final regulations last May that apply when a Sec. 336(e) election is made to treat the sale, exchange, or distribution of at least 80% of the voting power and value of a target corporation’s stock as a nontaxable sale of all its underlying assets, which the regulations
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TOPICS / TAX
Business tax
IRS: Terminating partnerships may not accelerate amortized startup expenditures
The IRS issued proposed regulations aimed at preventing partnerships from using technical terminations to accelerate their deductions of startup and organizational expenses (REG-126285-12). When finalized, the regulations will apply to technical terminations of partnerships that occur on or after Dec. 9, 2013. Under Sec. 708(b)(1), a partnership terminates if (1)
Final substantial-risk-of-forfeiture rules are released
The IRS on Tuesday finalized regulations that clarify when a substantial risk of forfeiture exists on the transfer of stock to an employee that is treated as compensation under Sec. 83 (T.D. 9659). If a substantial risk of forfeiture exists, the employee does not have to recognize the income at
IRS announces additional one-year delay in health coverage penalty for midsize employers
The IRS announced on Monday that it is delaying the so-called shared-responsibility requirement under Sec. 4980H for employers who have 50 to 99 full-time equivalent employees in 2014 (T.D. 9655). These employers will now have until 2016 to offer health care coverage to their employees or be subject to the
New proposed rules determine UBTI of certain exempt employee benefit organizations
The IRS on Wednesday issued proposed regulations to implement Sec. 512(a)(3)(E), which limits the amount of exempt function income that can be set aside when calculating the unrelated business taxable income (UBTI) of Sec. 501(c)(9) voluntary employee beneficiary associations (VEBA) and Sec. 501(c)(17) supplemental unemployment benefit trusts (SUBs) (REG-143874-10). This
Final regs. issued on Sec. 382 ownership changes
On Oct. 22, the IRS released long-awaited final regulations on owner shifts and ownership changes under Sec. 382. The rules, contained in T.D. 9638, retain a taxpayer-friendly exception for small shareholders and provide a new anti-abuse rule. Sec. 382 limits a corporation’s use of net operating loss (NOL) carryovers and
IRA-owned LLC’s payment to owner results in retroactive tax and penalties
The Tax Court held that compensation received by a taxpayer from a limited liability company (LLC) that was almost entirely owned by the taxpayer’s individual retirement account (IRA) resulted in several types of self-dealing prohibited transactions. Thus, the IRA owning the LLC automatically terminated as of the first day of the
Implementing the new tangible property regulations
Know the revised “repair regs.” and their implications for property acquisition, improvement, and disposition.
Claiming the small employer health insurance tax credit
Small businesses that offer health insurance to their employees should learn about this credit and claim it if they are eligible.
Proposed rules address disguised sales and partnership liabilities
On Wednesday, the IRS issued proposed regulations on disguised sales of property to or by a partnership under Sec. 707 and the treatment of partnership liabilities under Sec. 752 (REG-119305-11). The IRS says the proposed regulations are designed to address “deficiencies and technical ambiguities” in the current regulations. Disguised sales
Partnership basis rules proposed
The IRS on Wednesday issued proposed regulations providing guidance on the application of Sec. 704(c)(1)(C) added by the American Jobs Creation Act of 2004, P.L. 108-357 (AJCA), and the amendments to the mandatory basis adjustment rules of Sec. 743 in the AJCA. The proposed regulations would also conform the regulations
Proposed regulations change definition of R&D expenditures
The IRS recently provided guidance on the treatment under Sec. 174 of research and development (R&D) expenditures incurred in connection with the development of tangible property, including pilot models (REG-124148-05). The proposed regulations would, among other things, settle the question of whether the sale of a product resulting from otherwise
Internet Tax Freedom Act preempts Illinois click-through nexus law
The Supreme Court of Illinois held in October that the state’s click-through nexus law is expressly preempted by the federal Internet Tax Freedom Act (ITFA), P.L. 105-277, which prohibits states from imposing discriminatory taxes on electronic commerce. The Illinois law (35 Ill. Comp. Stat. 105/2) expanded the definition of retailers
Buckle up for tax season
For taxpayers and their CPA return preparers, now is the time to power their way through filing season, hopefully with a minimum of hassle. Plus: The JofA’s annual Quick Guide, a printable card that contains dollar thresholds, tax tables, standard amounts, credits, and deductions to keep at your fingertips during tax season.
IRS announces automation of taxpayer resources, start of business filing season
The IRS announced on its website that, beginning in 2014, it will stop providing a number of taxpayer assistance services in person or over the phone and will shift those services online. The move is designed to free up IRS employees to help taxpayers deal with issues, such as identity
Proposed rules would require terminating partnerships to amortize startup expenditures
On Friday, the IRS issued proposed regulations aimed at preventing partnerships from using technical terminations to accelerate their deductions of startup and organizational expenses (REG-126285-12). When finalized, the regulations will apply to technical terminations of partnerships that occur on or after Dec. 9, 2013. Under Sec. 708(b)(1), a partnership terminates
Numerous provisions expire at year end
Taxpayers and practitioners breathed a sigh of relief in January when Congress passed the American Taxpayer Relief Act of 2012 (ATRA), P.L. 112-240, at the last minute, bringing some certainty to a host of provisions that had been uncertain. Many expired and expiring provisions were extended by ATRA, including the
Supreme Court resolves circuit split on 40% gross valuation misstatement penalty
On Tuesday, the U.S. Supreme Court held that the 40% penalty for a gross valuation misstatement applied when the partnerships at issue had been determined to be shams that lacked economic substance, and, as a result, the partners’ outside basis in the partnerships was zero (Woods, No. 12-562 (U.S. 12/3/13),
FICA and FUTA caps refer to common law employment relationships
The Court of Appeals for the Federal Circuit upheld a lower court decision that the wage caps for the Federal Insurance Contributions Act (FICA) and Federal Unemployment Tax Act (FUTA) must be calculated by reference to common law employment relationships rather than statutory employment relationships. Thus, a payroll service company
Long-awaited repair regulations are issued
The IRS issued long-awaited final regulations (T.D. 9636) regarding the treatment of expenditures incurred in acquiring, producing, or improving tangible assets, including rules on determining whether costs related to tangible property are deductible repairs or capital improvements. The IRS noted that it had received many comments on the regulations, most
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