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News & Insights: alerts

SALT Alert: U.S. Supreme Court Overturns Physical Presence Rule for Out-of-State Sellers


By Steven P. Bryde |  James (Jay) M. Brower, Jr
June 27, 2018

On June 21, 2018, the U.S. Supreme Court overturned a longstanding court precedent that applied to the collection of sales tax from online and other remote retailers. In South Dakota v. Wayfair, Inc. et al, the Court replaced the “physical presence” rule with a new standard for determining when states can impose a sales tax collection responsibility on out-of-state sellers of taxable goods and services.

Nonprofit Alert: Improved Guidance on Grant and Contribution Accounting


By Sibi B. Thomas
June 22, 2018

The Financial Accounting Standards Board (FASB) issued a new Accounting Standards Update (ASU) number 2018-08 on June 21, 2018 that clarifies the current accounting guidance on contributions made and received by nonprofit organizations and businesses.

IRS Announces Termination of 2014 Offshore Voluntary Disclosure Program


By Paul Bercovici
March 19, 2018

On March 13, 2018, the IRS announced that the 2014 Offshore Voluntary Disclosure Program (OVDP) will close on September 28, 2018. This program allows U.S. taxpayers who failed to report certain offshore assets - and/or the income derived from such assets - to voluntarily come into compliance with U.S. tax laws and generally avoid criminal prosecution in exchange for payment of an offshore penalty.

Tax Alert: IRS Issues 2018 Cost-of-Living Adjustments


By Avery E. Neumark
March 2, 2018

The 2018 cost-of-living adjustment amounts trend higher than 2017 amounts, but only slightly. Read more. 

NY Charities Win Big in Charitable Gaming Act of 2017


By Robert Lyons |  Frances McKenna
March 2, 2018

Like charitable organizations across the nation, charities in New York are constantly reaching out to find new sources of income. These efforts often include raffles and other gaming incentives. In New York, the potential to raise funds through raffles has been extremely limited by a very antiquated set of gaming laws, but that is soon to change.

New Repatriation Tax on Foreign Corporate Shareholders


By Curtis Best
January 2, 2018

The tax reform bill signed into law last week could signal a significant one-time deemed repatriation tax on owners of foreign corporations. For a calendar-year foreign corporation with a calendar-year shareholder, the tax would apply to 2017. For others, it would apply to the last year of the foreign corporation that begins before 2018.

Tax Reform’s Impact on the Theater and Film Industry


By Christopher A. Cacace
December 27, 2017

While individuals and businesses in the theater and film industry were watching and listening to news of the Tax Cuts and Jobs Act (H.R. 1) bill unfold, the Marks Paneth Theater, Media & Entertainment Group was working with government and industry groups on provisions in the bill specific to the industry, as well as monitoring the broader legislation.

Trump Signs Tax Reform Bill Into Law


By Mark R. Baran
December 22, 2017

After an impressive display of speed and discipline, both chambers of Congress passed the final reconciled version of the Tax Cuts and Jobs Act (H.R. 1) and it was signed into law by President Trump this week.

Real Estate Alert: Tax Bill Creates New Deduction on Qualifying Pass-Through Income


By William H. Jennings
December 20, 2017

The Tax Cuts and Jobs Act (H.R. 1) was passed by Congress today and sent to the President to be signed into law. The final reconciled bill creates a new deduction for qualifying pass-through income, subject to certain limitations. Generally, any trade or business is eligible for the deduction, except specified service businesses.

Employee Benefit Plan Alert: Minimum Distributions for Missing Participants


By Rita Piazza
December 13, 2017

The Internal Revenue Service’s (IRS) Employee Plans Examinations division issued a field directive to all exam agents on missing participants, beneficiaries and the required minimum distribution (RMD) standards under Internal Revenue Code Section 401(a)(9).

Tax Reform: Closing in on the Finish Line


By Mark R. Baran
December 11, 2017

A conference committee consisting of both House and Senate negotiators will begin work this week to reconcile differences between their respective tax measures. Among the many provisions that differ between the two plans, we have outlined the ones we feel will have the broadest impact on all of our clients and industry groups.

Real Estate Alert: Tax Reform Measures You Might Have Missed


By Michael Siino |  Alan M. Blecher
December 10, 2017

While there are many provisions in the House and Senate tax reform bills that would affect the real estate industry, there are quite a few that are not making the headlines. Real estate business owners should take careful note of these easily overlooked changes.

Nonprofit Alert: International Fraud Awareness Week and 10 Signs of Nonprofit Fraud


By Michael McNee |  John D'Amico
November 16, 2017

It's International Fraud Awareness Week and Marks Paneth is doing its part to drive awareness!

Tax Alert: New Reporting Rules Require Foreign-Owned Disregarded Entities to File Form 5472


By Curtis Best
November 8, 2017

New regulations, finalized this year, will require foreign-owned disregarded entities to file Form 5472, effective for tax years starting on or after January 1, 2017 and ending on or after December 13, 2017.  The purpose of Form 5472 is to disclose foreign owners and certain related party transactions during the tax year in which the reportable transactions occurred.

Nonprofit Alert: New FAQs on Uniform Guidance for Federal Awards


By John D'Amico
August 28, 2017


Nonprofit Alert: FASB Proposes Improvements to Nonprofit Grant and Contribution Accounting


By John D'Amico
August 21, 2017

There has always been some “gray area” in determining whether a grant is an exchange transaction or a contribution – depending on whether the contributor/grantor (the resource provider) received something of approximate equal value in exchange for the resources transferred. This has resulted in difficulties and diverse reporting practices among nonprofit organizations.

Nonprofit Alert: Changes to New York State June 30, 2017 CFR Filing


By Joseph J. Kanjamala |  John D'Amico
July 31, 2017

The New York State Consolidated Fiscal Reporting (CFR) and Claiming Manual for the reporting period from July 1, 2016 to June 30, 2017 is now available.

Tax Alert: Trump Administration’s Tax Plan Explained


By Steven Eliach
May 17, 2017

On Wednesday, April 26, 2017, the Trump Administration unveiled a tax plan that proposes significant reductions to individual and corporate tax rates, reduces the number of individual tax brackets to three – 10 percent, 25 percent and 35 percent – and repeals the estate tax – among other proposals. While the plan has been presented as a broad outline, rather than in legislative text, the proposal represents a significant overhaul of the US tax system.

SALT Alert: New York State 2017-2018 Budget


By Steven P. Bryde
April 21, 2017

New York State Governor Andrew M. Cuomo signed the 2017-2018 State Budget. The bill contains a variety of corporate franchise, personal income, and sales/use tax changes. 

This year’s budget proposal contains a number of extenders and measures focused on compliance. The final budget may, however, be more notable for the original January proposals that were removed from the final budget, as opposed to what remained. Next, State legislatures, including New York’s, will likely be focused on addressing the effects of foreseeable federal tax law changes.

  

Nonprofit Alert: New Filing Requirements for New Jersey Charitable Registrations


By John D'Amico
April 10, 2017

New Jersey-based nonprofit organizations are required to file either Form CRI-300R or CRI-200, along with their IRS Form 990 annually. These forms are due to the State of New Jersey on the last day of the sixth month following the close of the organization’s fiscal year.

Tax Alert: IRS issues 2017 cost-of-living adjustments


By Avery E. Neumark
March 13, 2017

Did you know that the IRS has adjusted cost of living thresholds? The 2017 cost-of-living adjustment amounts trend higher than 2016 amounts, but only slightly. How might these amounts affect your year-end tax planning or retirement planning? 

Real Estate Alert: Proposed Significant Change to NYS Real Estate Transfer Tax Law


By William H. Jennings
February 3, 2017

New York State Governor Andrew Cuomo recently released his FY 17-18 Executive Budget, which suggests a number of changes to the tax law. Among those changes is a proposal to greatly expand the reach of the New York State Real Estate Transfer Tax with respect to transfers of entities holding New York State real estate. 

TAX ALERT: 2017 FILINGS-WHAT YOU NEED TO KNOW


By John N. Evans
January 9, 2017

Due dates for filing of certain tax returns and information returns have been changed - see chart below for more information. 

Tax Alert: Deadline Extended for ACA Information Reporting to Employees


By Mark R. Baran
December 16, 2016

The IRS has again extended the deadline for employers who are subject to the Affordable Care Act’s (ACA’s) information reporting requirements to meet their obligations to employees. Last year the IRS extended the 2016 deadlines for reporting 2015 information, which gave employers an additional two months to provide Form 1095-B, “Health Coverage” and Form 1095-C, “Employer-Provided Health Insurance Offer and Coverage” to their employees.  

Tax Alert: IRS Issues Its 2017 Cost-of-Living Adjustments


By Mark R. Baran
December 14, 2016

The IRS recently issued its 2017 cost-of-living adjustments. Mark Baran, Principal in the Tax Practice, explains the adjustments that have been made so that you can take them into account as you implement your 2016 year-end tax planning strategies. 

Tax Alert: New IRS Regulations Target Earnings Stripping


By Curtis Best
December 14, 2016

The IRS has issued much-anticipated final regulations intended to keep multinational companies from moving their profits offshore to avoid paying U.S. income taxes. The regs are part of a larger Obama administration campaign against corporate inversions, whereby a U.S. company merges with a foreign firm and then changes its tax address (domicile) to the foreign country. In particular, the regs address earnings stripping, a practice commonly used to minimize taxes after an inversion.

Tax Alert: Implementing Last Minute 2016 Tax Saving Tips


By Mark R. Baran
December 14, 2016

Mark Baran, Principal in the Tax Practice, lays out six simple steps that you should take into consideration to reduce your 2016 tax liability. Act fast, because you only have until December 31st, 2016. 

Tax Alert: DOL's Overtime Rule Blocked by US District Court


By Avery E. Neumark
November 29, 2016

On November 22 - just before the US Department of Labor’s (DOL’s) new overtime rule was scheduled to go into effect on December 1, 2016 - a federal judge issued an injunction and temporarily blocked it. The rule was set to make dramatic changes to the rules determining overtime for certain executive, administrative and professional employees under the Fair Labor Standards Act (FLSA).

The final rule, issued last May, would have doubled (to $47,500) the maximum salary an executive, administrative or professional worker could earn and remain eligible for mandatory overtime pay, making it more difficult for employers to classify employees as exempt from overtime requirements.

Tax Alert: Tax IRS proposed regulations target gift and estate tax planning strategies


By Lawrence Cohen
September 7, 2016

The IRS has released proposed regulations that would close so-called tax loopholes that many wealthy taxpayers have used to minimize gift and estate taxes when transferring interests in a closely-held family business to relatives. If finalized, the regulations would significantly limit the effectiveness of certain tax-saving vehicles, including family limited partnerships, for reducing the value of transferred interests for tax purposes. This article details the proposed regulations. 

Tax Alert: DOL’s final overtime rule brings sweeping changes


By Mark R. Baran
June 14, 2016

The DOL has released a final rule that makes dramatic changes to the rules for determining overtime for certain executive, administrative and professional employees under the Fair Labor Standards Act (FLSA). The final rule will make it more difficult for employers to classify employees as exempt from overtime requirements. This article details the changes under the new rule and provides compliance options. 

Tax Alert: IRS offers guidance to employers who plan to claim the WOTC


By Mark R. Baran
April 8, 2016

The IRS has recently granted “transitional relief” to eligible employers who are planning to claim the Work Opportunity Tax Credit (WOTC). The relief outlined in IRS Notice 2016-22 comes in the form of an extended deadline — until June 29, 2016 — to file a form necessary to claim the credit for certain eligible workers. This article explains the WOTC and describes this recent transitional guidance.  

Tax Alert: IRS issues deadline extensions for ACA information reporting


By Mark R. Baran
February 17, 2016

In an effort to help employers who are subject to the Affordable Care Act's (ACA’s) information reporting requirements meet those obligations, the IRS has extended two important deadlines. Employers now have an additional two months to provide employees the necessary forms and three months to report the information to the IRS. This article explains the ACA’s information reporting requirements and details the penalties for noncompliance.

Tax Alert: Budget act eliminates strategies for maximizing Social Security payout


By Mark R. Baran
February 3, 2016

The Bipartisan Budget Act of 2015 contains provisions that may significantly affect retirement planning for many Americans. It eliminates two strategies that many married couples have used to maximize Social Security retirement benefits. This article explains how the two strategies worked under previous law and describes how the budget act has changed them.

Tax Alert: Partnership audit rules revised under 2015 budget act


By Mark R. Baran
January 25, 2016

The Bipartisan Budget Act of 2015, signed into law on November 2, 2015, raises the federal debt ceiling and lifts mandatory spending caps on defense and domestic programs. The law also makes sweeping changes to the rules for auditing partnerships. The end result of the revised rules is that audits of master limited partnerships, investment funds and other business entities organized as partnerships are likely to increase. More importantly, given the significant operational impact of the new audit rules, many partnership agreements will need to be reviewed and amended. The new rules are generally effective for partnership tax years beginning after December 31, 2017 but partnerships may elect to be governed by the new audit rules for any tax year on or after November 2, 2015. 

Tax Alert: 2016 cost-of-living adjustments: Minimal changes from 2015


By Steven Eliach
January 11, 2016

The IRS has issued its cost-of-living adjustments (“COLAs”) for 2016. Since inflation remains low, many COLA amounts remain the same as last year or were increased modestly. This article provides an overview of 2016 amounts related to individual income taxes, the alternative minimum tax, education- and child-related tax breaks, retirement plans, and gift and estate taxes.

SALT Alert - NYC to Require Employers to Offer Pre-tax Transit Benefits


By Steven P. Bryde
November 19, 2015

The Affordable Transit Act (Intro 295-A) requires New York City employers to offer pre-tax transit benefits in 2016. Employers that do not already offer these benefits will need to have a qualified transportation benefit program in place when the new law takes effect on January 1, 2016.  This alert describes who is covered and exempt under the law and provides information about the penalties for non-compliance.

Tax Alert: New Trade Law Hikes Penalties for Tax Information Reporting Failures, Errors and Omission


By Steven Eliach
August 3, 2015

Tucked into new trade legislation is a tax revenue raiser that increases by as much as 150% the potential penalties for taxpayers who fail to file correct tax information returns and to provide payee statements. This article details Sec. 806 of the TPEA and explains how taxpayers can reduce their risk of penalties.

SALT Alert - US Supreme Court Decision in Wynne May Impact Taxpayers in Other States


By Steven P. Bryde
June 11, 2015

The United States Supreme Court, in a 5-4 decision, recently issued its decision in Comptroller of the Treasury of Maryland v. Wynne et ux. According to the Court, Maryland’s personal income tax scheme violates the dormant Commerce Clause of the Constitution of the United States.

Tax Alert: Deadline Reminder for IRS Penalty Relief Program


By Steven Eliach
May 12, 2015

June 2 deadline looming on IRS penalty relief program for late retirement plan returns

Tax Alert: New IRS Guidance on the Work Opportunity Tax Credit and Tangible Property Regulations


By John N. Evans
March 11, 2015


TAX ALERT: BUSINESSES, INDIVIDUALS BENEFIT FROM LATEST TAX RELIEF EXTENDER LAW


December 19, 2014

On Dec. 16, the Senate passed the Tax Increase Prevention Act of 2014 (TIPA), the latest “extender” package, a stopgap measure that retroactively extends through Dec. 31, 2014, certain tax relief provisions that expired at the end of the previous year. It now goes to President Barack Obama and he is expected to sign it. This article provides an overview of important tax-saving provisions for businesses and individuals.

TAX ALERT: MANY COST-OF-LIVING ADJUSTMENTS RISE MODESTLY FOR 2015


By Robert J. Hughes
December 10, 2014

On Oct. 30, the IRS issued its cost-of-living adjustments for 2015. In a nutshell, with inflation remaining in check, many amounts increased only slightly, and some stayed at 2014 levels. This article provides an overview of important 2015 amounts related to individual income taxes, the alternative minimum tax, education- and child-related tax breaks, retirement plans, and gift and estate taxes. 

TAX ALERT: BUSINESS-TRAVEL PER DIEM RATES UPDATED FOR 2015


By John N. Evans
November 12, 2014

Effective Oct. 1, IRS Notice 2014-57, 2014–2015 Special Per Diem Rates, updates the per diem rates that can be used for reimbursement of ordinary and normal business expenses incurred while employees travel away from home. It also revises the list of high-cost localities for use in the high-low substantiation method. The per diem rates, which are established by the General Services Administration (GSA), are updated before the end of the federal government’s fiscal year. Some employers elect to use these rates to simplify recordkeeping.

Marks Paneth Tax Alert: Rules Surrounding IRA Rollovers Become Less Friendly to Taxpayers


By Robert J. Hughes
July 9, 2014

Earlier this year, the US Tax Court made a controversial ruling regarding IRA (Individual Retirement Account) rollovers that contradicted an IRS publication designed to explain the law to taxpayers. Soon after, the IRS announced that it would adopt the court’s less taxpayer-friendly interpretation of the rollover rules. Taxpayers with multiple IRAs will have to be much more careful when making rollovers to ensure they don’t violate the aggregate rules and generate unnecessary tax liability — and possibly interest and penalties. This alert provides a brief overview of the Tax Court case, the IRS response and some other rules surrounding IRA rollovers that taxpayers should be aware of.

Marks Paneth Tax Alert U.S. Treasury & IRS release amended final rules on foreign account reporting


March 20, 2014

The US Department of the Treasury and the IRS have issued what is expected to be their final significant package of regulations implementing the Foreign Account Tax Compliance Act (FATCA). FATCA requires foreign financial institutions (FFIs) — including foreign banks, brokers, insurance companies and investment funds — to disclose to the IRS certain information about their US -owned accounts. This article reviews the major provisions of the amended final regulations and the potential impact on individual taxpayers with foreign accounts. 

Accounting and Auditing Alert: FASB Private Companies Have Options on Accounting for Goodwill


By William M. Stocker III
February 24, 2014

The Financial Accounting Standards Board {FASB) has issued two updates to Generally Accepted Accounting Principles (GAAP) that offer alternatives to private companies: Accounting Standards Update (ASU) 2014-02, Intangibles—Goodwill and Other (Topic 350): Accounting for Goodwill, and ASU 2014-03, Derivatives and Hedging (Topic 815): Accounting for Certain Receive-Variable, Pay-Fixed Interest Rate Swaps—Simplified Hedge Accounting Approach. The alternative standards streamline the method for goodwill impairment and make it easier for certain interest rate swaps to qualify for hedge accounting. This alert details each ASU.

Marks Paneth Tax Alert: Year-End Tax Planning for Businesses and Individuals


By Steven Eliach
December 3, 2013

Although tax legislation signed into law this past January made a wide variety of tax breaks permanent, it extended several valuable breaks for businesses only through Dec. 31, 2013. It’s possible that some, or even all, of them could be extended again. But with the battle in Washington over tax reform, it’s difficult to predict what will happen with expiring breaks. So taxpayers may want to take steps now to lock in any breaks that can benefit their businesses while these breaks are still available. But they shouldn’t ignore traditional year end strategies for their businesses — or themselves.

Tax Alert: IRS Issues Sweeping Rules That Affect Businesses Owning Tangible Property


By Steven Eliach
November 25, 2013

The IRS has released its final regulations on the tax treatment of expenditures related to tangible property. The regulations provide guidance on how to comply with Sections 162 and 263 of the Internal Revenue Code, which require the capitalization of amounts paid to acquire, produce or improve tangible property but allow amounts for incidental repairs and maintenance of property to be deducted. The regulations explain how to distinguish between capital expenditures and deductible business expenses.

The regulations (IRS T.D. 9636) generally will apply to tax years beginning on or after Jan. 1,2014. They affect all businesses that own or lease tangible property, including buildings, machinery, vehicles, furniture and equipment.

Tax Alert: How The IRS Ruling Impacts Tax and Estate Planning for Same-Sex Married Couples


By Steven Eliach
September 26, 2013

In Revenue Ruling 2013-17, the IRS clarified that a same-sex couple’s marital status for federal tax purposes is determined by the laws of the state where they got married — not the state where they reside. This article details Revenue Ruling 2013-17 and explains its impact on tax and estate planning.

Accounting and Auditing Alert: Private Companies Get Possible New Option for Financial Reporting


By William M. Stocker III
August 6, 2013

The AICPA has announced a new option for small business financial reporting. The “Financial Reporting Framework for Small- and Medium-Sized Entities” is intended to ease reporting for smaller, privately held, owner-managed businesses that aren’t required to abide by Generally Accepted Accounting Principles (GAAP). This alert details the framework and provides an overview of three FASB-endorsed proposals from the Private Company Council that would ease accounting requirements for privately held companies.

Marks Paneth Nonprofit Alert: EO #38 Sets Limits on Administrative Expenses and Executive Compensati


By Joseph J. Kanjamala
July 30, 2013

New York State Governor Andrew M. Cuomo's Executive Order #38 (EO #38), which sets limits on administrative expenses and executive compensation for covered provider entities, went into effect on July 1, 2013. EO # 38 is applicable to entities regulated by any of 13 specified State agencies. This alert summarizes the key features.

Marks Paneth Tax Alert: IRS Issues Guidance on Delay in Implementing Health Care Act


By Steven Eliach
July 17, 2013

The IRS has issued guidance on the recently announced delay in implementation of the Patient Protection and Affordable Care Act’s (PPACA) information-reporting provisions and its employer shared-responsibility — also known as “play or pay” — provision. This alert summarizes the delayed provisions, the reasons for the delay and its impact.

Marks Paneth Tax Alert: Supreme Court Issues Landmark Decisions On Same-Sex Marriage


By Steven Eliach
July 15, 2013

On June 26, the US Supreme Court issued two landmark decisions. United States v. Windsor requires the federal government to recognize same-sex marriage in states where it’s legal. Hollingsworth v. Perry may allow same-sex marriage in the country’s most highly populated state, California. These 5-4 decisions could dramatically affect tax and estate planning for same-sex married couples, as well as the benefit plans employers and the federal government provide to such couples. This article provides a brief overview of the decisions and the potential for signifcant tax and benefits implications.

Marks Paneth TAX ALERT: NEW YORK STATE ENACTS BUDGET AND NEW YORK COURT RULES ON “AMAZON TAX”


By Steven P. Bryde
May 7, 2013

On March 20, 2013, Governor Cuomo and the State Legislative Leaders reached a new Budget for the fiscal year beginning April 1, 2013. Subsequently, the Governor signed the Legislation into law.

The 2013-2014 Budget closes a $1.3 billion gap with no new taxes or fees. Here are a few of the more noteworthy provisions.

Marks Paneth Tax Alert: IRS Expands Relief Program for Employers with Misclassified Workers


By Steven Eliach
March 25, 2013

The IRS has modified the Voluntary Classification Settlement Program (VCSP) to, among other things, allow employers under IRS audit (other than an employment tax audit) to participate. It also temporarily further expands eligibility — through June 30, 2013. But while the expansions may seem like a win-win option for employers, participating isn’t without risk. This article reviews VCSP eligibility, processes and terms, and details the recent changes.

Marks Paneth Tax Alert: Treasury and IRS Release Final Rules on Foreign Account Reporting


By Paul Bercovici
March 12, 2013

The U.S. Department of the Treasury and the IRS have issued comprehensive final regulations implementing Foreign Account Tax Compliance Act (FATCA) information reporting provisions. Under the regulations, foreign financial institutions (FFIs) — including foreign banks, brokers, insurance companies and investment funds — must disclose to the IRS certain information about their U.S.-owned accounts. This article reviews the major provisions of the final regulations and the potential impact on individual taxpayers with foreign accounts.

Marks Paneth Tax Alert: What the American Taxpayer Relief Act Means for Your Estate Plan


By Steven Eliach
February 18, 2013

The American Taxpayer Relief Act of 2012 (ATRA), signed into law Jan. 2, 2013, primarily addresses income taxes. However, it also provides substantial estate tax relief compared to the changes that otherwise would have gone into effect in 2013. In addition, it provides increased estate tax law certainty. Nevertheless, ATRA is not all positive for estate planning, as it increases the estate tax rate compared to the 2012 estate tax law regime. The many changes going into effect in 2013 warrant a review of your estate plan. Here are some of the most important changes to consider.

Marks Paneth Tax Alert: What the American Taxpayer Relief Act Means for Your Individual Taxes


By Steven Eliach
February 11, 2013

The American Taxpayer Relief Act of 2012 (ATRA) does, as its name implies, provides substantial tax relief to many taxpayers. However, while higher-income taxpayers will enjoy some benefits, they’ll also see some tax increases. Here’s a closer look at ATRA’s most important changes for individuals, along with the tax planning implications.

Marks Paneth Tax Alert: What the American Taxpayer Relief Act Means for your Business Taxes


By Steven Eliach
February 4, 2013

The American Taxpayer Relief Act of 2012 (ATRA) extends and enhances many breaks for businesses. In particular, it provides incentives for businesses to invest in assets, research and people. This article provides an overview of ATRA’s most important changes for businesses, along with the implications for 2012 tax returns and tax planning for 2013 and beyond.

Marks Paneth Tax Alert: IRS Provides Guidance for New 3.8% Tax on Net Investment Income


January 23, 2013

Recently, the IRS issued proposed regulations regarding the new 3.8% net investment income tax (NIIT, also known as the Medicare contribution tax) that was created by the Health Care and Education Reconciliation Act of 2010 and takes effect Jan. 1, 2013. This Alert details what investment income is subject to the tax and how to calculate it. Please click here to learn more.

Marks Paneth Tax Alert: What the Fiscal Cliff Deal Means for Your Taxes


By Steven Eliach
January 6, 2013

After much contention and negotiation, President Obama and Congress finally came to agreement on legislation to address the “fiscal cliff.” The American Tax Relief Act (ATRA) prevents income tax rate increases for all but approximately the top 2% of taxpayers. ATRA also extends other income tax breaks for individuals and businesses and addresses the alternative minimum tax (AMT) and the estate tax. This alert provides an overview of some of the act’s key tax law changes.

Marks Paneth Tax Alert: IRS Provides Guidance on Additional 0.9% Medicare Tax


By Steven Eliach
December 26, 2012

On November 30, 2012, the IRS issued proposed regulations regarding the 0.9% Additional Hospital Insurance Tax on High-Income Taxpayers (commonly referred to as the Additional Medicare Tax), which takes effect January, 1, 2013. This alert details how the tax may affect individuals, employers and payroll service providers.

Tax Alert: Tax Filing Extensions for Taxpayers Affected by Hurricane Sandy


By Steven Eliach
November 9, 2012

As a result of the tremendous impact of Hurricane Sandy, the Internal Revenue Service (IRS) has announced that it is postponing various tax filing and payment deadlines for affected taxpayers. Those taxpayers in parts of New York, New Jersey and Connecticut that have been declared a disaster area by the Federal Emergency Management Agency (FEMA) will have until February 1, 2013 to file returns and pay taxes due.

Tax Alert: Additional Guidance on Filing MCTMT Protective Claims


By Steven P. Bryde
October 22, 2012

This is an update to the Marks Paneth Tax Alert issued on August, 28, 2012 addressing the New York State (NYS) Supreme Court decision, Mangano, et al. v. Silver, et al., which held the NYS Metropolitan Commuter Transportation Mobility Tax (MCTMT) to be unconstitutional and that employers located in the the Metropolitan Commuter Transportation District (MCTD) who have been paying this tax since its effective date, March 1, 2009, should file protective refund claims on or before November 2, 2012. At the time of the August alert, NYS had not issued guidance on the proper procedure, so we recommended that taxpayer/employers file amended Forms MTA-305 in paper form.

Tax Alert: New Guidance on Streamlined Compliance Program for Delinquent Non-Resident Taxpayers


By Paul Bercovici
September 12, 2012

On August 31, 2012, the IRS issued additional information regarding the streamlined federal income tax return and foreign bank account reporting requirements available to certain delinquent taxpayers which was first announced on June 26, 2012 (the Streamlined Program). The Streamlined Program was created in response to the fact that many individuals had recently become aware (primarily due to increased media coverage) of their ongoing US tax filing obligations and wanted to become compliant. The Streamlined Program came into effect on September 1, 2012.

Tax Alert: NYS Metropolitan Commuter Transportation Mobility Tax Deemed Unconstitutional


By Steven P. Bryde
August 28, 2012

On August 22, 2012, in the case entitled Mangano, et al. v. Silver, et al, NYS Supreme Court, No. 14444/10, New York State (NYS) Supreme Court Justice Bruce Cozzens granted the plaintiffs’ motion for summary judgment and held the Metropolitan Commuter Transportation Mobility Tax (MCTMT) to be unconstitutional under the NYS Constitution. The Justice said that the MCTMT did not serve a substantial state interest and the tax appropriated public funds for a local project.

Tax Alert: US Treasury Department Releases Model Intergovernmental Agreement on FATCA


August 27, 2012

The US Department of the Treasury has issued a model intergovernmental agreement to implement the information reporting and withholding tax provisions of the Foreign Account Tax Compliance Act (FATCA). The provisions are intended to combat offshore tax evasion, and they require foreign financial institutions (FFIs) to report to the IRS information about certain financial accounts.

Accounting and Auditing Alert: Indefinite-Lived Intangible Assets - Guidance on Impairment Testing


By William M. Stocker III
August 16, 2012

The Financial Accounting Standards Board (FASB) recently issued revised standards for public and private companies on how to test indefinite-lived intangible assets, other than goodwill, for impairment. The amendments won’t change how a company measures an impairment loss, but they could allow some companies to skip the performance of the quantitative impairment test on assets such as trademarks, licenses and distribution rights when the likelihood of impairment is low.

Accounting and Auditing Alert: SEC Staff Issues “Final Report,” but IFRS Decision Still to Come


July 30, 2012

On July 13, the staff of the U.S. Securities and Exchange Commission (SEC) issued its final report on the agency’s work plan in relation to International Financial Reporting Standards (IFRS). Although the 127-page report provides analysis of six key areas, what may be most notable is that it doesn’t make a recommendation as to what the SEC’s decision should be regarding incorporating IFRS into the financial reporting system for U.S. issuers. This article provides an overview of the report.

Tax Alert: Supreme Court Upholds Health Care Law: What Do Businesses Need to Do Now?


By Steven Eliach
July 26, 2012

June 28’s US Supreme Court ruling has drawn attention to the far-reaching provisions of the Patient Protection and Affordable Care Act of 2010. Since 2010, various provisions have trickled into effect. But the waters of change are gaining speed, with several particularly significant provisions scheduled to take effect over the next 18 months, barring congressional action.

Businesses face a variety of compliance requirements under the act, though certain small businesses may be eligible for a tax-saving opportunity. What all businesses need to do now is prepare.

Tax Alert: Individual Tax Planning in the Aftermath of the Supreme Court's Health Care Law Ruling


By Steven Eliach
July 26, 2012

Since the US Supreme Court issued its health care law ruling, most of the attention has focused on its mandates, expansion of coverage and state insurance exchanges. But the Patient Protection and Affordable Care Act of 2010 includes some significant tax-related provisions affecting individuals that are scheduled to take effect in 2013 and 2014, unless Congress repeals them or takes other action.

Now is the time to start planning so you can minimize any negative tax consequences to the extent possible.

Tax Alert: IRS Offers New Guidance on the OVDP; Tax Relief for US Citizens Living Abroad


By John N. Evans
July 25, 2012

The IRS recently issued guidance on its current Offshore Voluntary Disclosure Program (OVDP) and tightened eligibility requirements. The program allows taxpayers with undisclosed foreign accounts and assets to “come clean” in exchange for reduced penalties and protection against criminal prosecution. The IRS also announced new procedures, effective September 1, 2012, which provide US citizens living abroad with an opportunity to catch up with their tax filings — in many cases penalty-free if they have little or no US tax due.

Tax Alert: JOBS Act Eases Small Business Funding, Allows Crowdfunding


By Steven Eliach
July 17, 2012

The Jumpstart Our Business Startups Act of 2012 (JOBS act) is designed to provide capital for small businesses and startups. Under the new law, a qualified business will be able to raise cash without meeting all the usual requirements for initial public offerings (IPOs).

Accounting and Auditing Alert: The FAF Sets the Stage for Private Company GAAP


By William M. Stocker III
July 11, 2012

On May 23, after considering numerous public comments, the Financial Accounting Foundation (FAF) — parent organization to the Financial Accounting Standards Board (FASB) — approved the creation of the Private Company Council (PCC).

The PCC will identify and vote on exceptions and modifications to US Generally Accepted Accounting Principles (GAAP) that respond to the needs of private companies and their financial statement users. Its decisions will be subject to “endorsement” by FASB. The PCC will replace the existing Private Company Financial Reporting Committee (PCFRC).

Tax Alert: June 30th Filing Dates for FBar Form 90-22.1


By John N. Evans
June 13, 2012

Form 90-22.1, "Report of Foreign Bank and Financial Accounts" (FBAR) for the year ended December 31, 2011, is due and must be received by the US Treasury no later than June 30, 2012.

Accounting and Auditing Alert: Convergence of US GAAP and IFRS: Where do Things Stand?


May 18, 2012

Since 2002, the Financial Accounting Standards Board (FASB) and the International Accounting Standards Board (IASB) have been working toward "convergence" of US Generally Accepted Accounting Principles (GAAP) and International Financial Reporting Standards (IFRS). Although the two boards have made significant progress, efforts to converge critical standards — such as those dealing with revenue recognition, financial instruments and leases — have been challenging and time consuming.

FASB and IASB had planned to complete their major convergence projects by mid-2011, but several are still in progress. Recognizing that convergence will take more time, on April 13 the European Commission (the European Union's executive body) extended rules that permit European Union–listed US companies to continue to use US GAAP. The rules had expired at the end of 2011, but the European Commission granted a three-year extension, retroactive to Jan. 1, 2012.

Tax Alert: Current Estate Tax Law Uncertainty Should Alter Your Planning Strategies in 2012


By Steven Eliach
April 9, 2012

Without congressional action before year end, on Jan. 1, 2013, gift and estate tax exemptions will drop and rates will increase. But Congress may address the expiring estate tax law provisions. Such uncertainty can play havoc with estate planning. This article explains how making lifetime gifts can take advantage of the currently high exemption amount and low tax rate and details ways to add flexibility to an estate plan to prepare for potentially lower exemptions and higher rates in 2013.

Tax Alert: IRS Releases Extensive New Rules Affecting Businesses That Acquire, Produce or Improve Ta


By Steven Eliach
February 14, 2012

The IRS has issued extensive regulations, in temporary and proposed form (the temporary regulations serve as the text for the proposed regulations), providing its long-awaited guidance on the tax treatment of expenditures related to tangible property. These regulations are intended to simplify compliance with Section 263 of the Internal Revenue Code, which generally requires the capitalization of amounts paid to acquire, produce or improve tangible property. They focus largely on how to determine whether expenditures are for deductible repairs or capital improvements. The regulations will affect all businesses that acquire, produce, or improve tangible property.

The new regulations (IRS TD 9564 and REG-168745-03) generally apply to expenditures made in tax years beginning on or after Jan. 1, 2012, so they don't apply to 2011 tax returns. For 2012 and beyond, however, the regulations will affect a wide swath of businesses that purchase, lease, produce or improve tangible property, such as buildings, machinery, vehicles, furniture and equipment.

Tax Alert: Congress Extends Payroll Tax Relief


By Steven Eliach
January 10, 2012

After much debate and political maneuvering, Congress has passed the Temporary Payroll Tax Cut Continuation Act of 2011. The act provides an extension of payroll tax relief until February 29, 2012. This article provides a brief overview of the legislation.

Tax Alert: IRS Releases Guidance on Foreign Account Tax Compliance Act (FATCA), December 2011


December 20, 2011

Temporary regulations have been issued under Section 6038(D) relating to the requirement that individuals attach a statement to their tax return with respect to foreign financial assets. The IRS will release Form 8938 shortly which will be used to identify and report interests in foreign financial assets. It is important for taxpayers to determine whether they are subject to this new requirement because the tax law imposes significant penalties for non-compliance. Form 8938 does not replace or otherwise affect a taxpayer's obligation to file an FBAR.

Tax Alert: Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010


December 1, 2010

The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 extends and expands a wide variety of valuable tax breaks for individuals and businesses. It also provides some good news for those concerned about estate tax liability. This Marks Paneth Tax Alert provides highlights of the provisions of the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010.

Nonprofit Alert: OMIG Certificate Advisory Alert Effective December 1, 2010, November 2010


November 18, 2010

The New York State Office of the Medicaid Inspector General (OMIG) has revised two online certification forms. This change is effective as of December 1, 2010.

Tax Alert: Small Business Jobs Act of 2010, October 2010


October 13, 2010

Congress has passed — and President Obama has signed — the Small Business Jobs Act of 2010 (SBJA); thereby, creating a $30 billion fund to provide capital to community banks to encourage lending to small businesses. The legislation also includes $12 billion in tax relief for small businesses and incentives to encourage investment in them. The SBJA also provides some benefits for larger businesses as well as for the self-employed and individual taxpayers.

Nonprofit Alert: Form 1099 Reporting and Tax Legislation: Summary of Changes, August 2010


August 1, 2010

Section 6041 of the Internal Revenue Code lays out the basic requirements for Form 1099 reporting. The Patient Protection and Affordable Care Act of 2010 includes a significant amendment to Section 6041, which now requires 1099 reporting for any payments aggregating $600 to a supplier per year. The new amendment will now create filing and reporting requirements for all for-profit corporations. The definition of a corporation that is contained in the amendment includes an exclusion or modification for tax-exempt corporations.

Nonprofit Alert: Mandatory FTC Identity Theft Program, July 2010


July 13, 2010

The Federal Trade Commission (FTC) issued the Red Flags Rule for financial institutions and creditors to fight identity theft. The rule requires many businesses and organizations to implement a written Identity Theft Prevention Program designed to detect warning signs – or "red flags" – of identity theft in their day-to-day operations, take steps to prevent crime, and mitigate the damage it inflicts. The Red Flags Rule applies to financial institutions and creditors. The rule requires a periodic risk assessment to determine if the entity has covered accounts. A written program needs to be in place only if the entity has covered accounts.

Tax Alert: Health Coverage for Adult Children, May 2010


June 2, 2010

The Internal Revenue Service (IRS) has released guidance on provisions of the Patient Protection and Affordable Care Act (PPACA) related to the tax treatment of employer-provided health coverage for adult children. Under the PPACA, coverage requirements have expanded and such coverage is generally tax free for employees. IRS Notice 2010-38 explains the implications for workplace and retiree health plans, including cafeteria plans and flexible spending accounts (FSAs).

Tax Alert: Roth IRA Conversion, May 2010


May 1, 2010

You've filed — or at least extended — your 2009 income tax return, so it's time to start thinking about 2010 and beyond. If you're a higher-income taxpayer, one new opportunity you may have heard about is the Roth IRA conversion. But is it right for you?

Tax Alert: Highlights of the Patient Protection and Affordable Care Act, April 2010


April 8, 2010

The tax provisions of the Patient Protection and Affordable Care Act will have an impact on most taxpayers as well as on how employers deal with health care insurance for their employees. The main tax provisions affecting individuals and businesses are discussed in this Marks Paneth Tax Alert.

Tax Alert: Highlights of the Hiring Incentives to Restore Employment Act, March 2010


March 1, 2010

The Hiring Incentives to Restore Employment (HIRE) Act provides tax incentives for hiring and retaining workers and purchasing equipment and many other business assets. It also includes new measures that heighten disclosure and reporting requirements for foreign accounts. Some key features of the Act are discussed in this Marks Paneth Tax Alert.

Nonprofit Alert: The Role of Nonprofits' Boards in Overseeing Compliance, April 2010


January 26, 2010

The role of the board of directors of nonprofit organizations in the oversight of compliance programs is increasingly gaining in importance and visibility. The experienced professionals at Marks Paneth can help board members and their organizations comply with the heightened regulatory environment today and going forward.

We are adept at conducting corporate compliance reviews and identifying risk areas in need of improvement. Our specialists have the tools and expertise to remedy risks before they become problems.

The Health Care Compliance Association (HCCA) has recently conducted an interview with James G. Sheehan, New York State Medicaid Inspector General, which you may find of interest. Mr. Sheehan discusses his thoughts about the role of the board of directors in overseeing compliance programs.

Nonprofit Alert: New Update from Office of the Medicaid Inspector General (OMIG) Tightens Compliance


By Michael McNee |  Eric A. Marks
November 23, 2009

As of October 1, 2009, The Office of the Medicaid Inspector General (OMIG) now requires all organizations that rely on Medicaid reimbursements to ensure that all persons, providers and affiliates providing care, services or supplies under Medicaid be in good standing and eligible to receive payment.

Marks Paneth & Shron LLP Nonprofit Group Authors Alert on Alternative Investment


By Michael McNee |  Robert Lyons
December 16, 2008

The most recent Marks Paneth Nonprofit and Government Group Alert discusses the tax implications that apply to common alternative investments made by exempt organizations, as well as the reporting requirements and questions organizations should consider before making investment decisions.

Tax Alert: Year-End Tax Planning, December 2010


November 18, 2008

Companies and individuals alike seek to minimize their tax liability while still complying with applicable tax laws and regulations. Year-end tax planning can help achieve these goals and facilitate the filing of next year's tax returns. This year — with the legislative uncertainty about 2011 tax rates as well as the availability of many tax breaks for 2010 and 2011 — tax planning is made even more challenging.

Nonprofit Alert: United States Investors in Offshore Hedge Funds Should Consider Filing the Report o


By Robert Lyons
October 30, 2008

TD F 90-22.1 is required to be filed for all accounts where a U.S. person or entity has a financial interest or signature authority in foreign financial accounts if the aggregate value of these accounts exceeds $10,000 at any time during the calendar year. These relationships are reported on the calendar year by filing Form TD F 90-22.1 with the Department of the Treasury on or before June 30, of the succeeding year.

On June 12, three IRS personnel participated in a teleconference with a law firm that was designed to address open questions regarding the TDF 90-22.1 filing for calendar year 2008 that must be filed by June 30. It was their position (not official IRS position at this point) that an offshore hedge fund is a "foreign financial account" for this purposes and that, therefore, every U.S. investor in an offshore hedge fund should file a TDF 90-22.1 Form, whether or not the fund has any offshore bank or securities accounts. While the IRS's position on hedge funds is not official, it does carry substantial weight and should be considered.

Marks Paneth & Shron LLP Nonprofit Group Authors Alert on Campaign Intervention


By Michael McNee |  Robert Lyons
September 1, 2008

During election years, the Internal Revenue Service takes a keen interest in whether charitable (501(c)(3)) organizations are intervening in political activities. This is particularly relevant in Presidential campaign years. One common characteristic to most charitable organizations is a passion about their respective causes. Since candidates for office are generally "issues" oriented, it is understandable that organizations, particularly those involved in advocacy for a cause, want to support the candidate that supports their position.

Marks Paneth & Shron LLP Nonprofit Alert, June 2008


By Michael McNee |  Robert Lyons
June 1, 2008

On May 5, 2004 IRS issued Letter Ruling 200435020 in response to a charitable organization’s treatment of certain real estate transactions, credit cards, meals, gasoline, miscellaneous charges and cell phones.