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  • Article

    IRS Issues Final Rule On Medical Device Excise Tax

    In keeping with the flood of healthcare-related regulations issued since the November elections, the IRS has released a final rule governing the 2.3% excise tax the Affordable Care Act imposes on manufacturers, importers, and producers of certain medical devices.
    United StatesEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    President Biden Focuses On Worker Initiatives

    President Joe Biden focused on work-related initiatives in his third State of the Union speech. He proposed raising $500 billion over the next decade by establishing a minimum 25% income tax...
    United StatesEmployment and HR
    Hall Benefits Law
    Hall Benefits Law
Article

Update To Client Memorandum On Section 162(M) Of The Internal Revenue Code

On February 4, 2008, Fried Frank issued a client memorandum describing a recent Private Letter Ruling in which the Internal Revenue Service (IRS) reversed its previous position on the effect that certain termination of employment provisions have on payments which are intended to qualify as performancebased compensation" for purposes of section 162(m) of the Internal Revenue Code of 1986, as amended (the "Code").
United StatesEmployment and HR
Fried Frank Harris Shriver & Jacobson
Fried Frank Harris Shriver & Jacobson
  • Article

    Internal Revenue Service Issues Proposed Regulations For Tax-Exempt Hospitals

    The Internal Revenue Service (IRS) and the Treasury Department recently proposed regulations that will affect charitable hospital organizations.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Dickinson Wright PLLC
    Dickinson Wright PLLC
  • Article

    Cost Of Hatch-Waxman Litigation Decreases (Via Tax Deduction)

    As Benjamin Franklin famously remarked, "nothing is certain except death and taxes." Recently, the U.S. Court of Appeals for the Third Circuit provided more certainty...
    United StatesIntellectual Property
    Axinn LLP
    Axinn LLP
  • Article

    A Tale Of Two Crowns: COVID-19 And The Return Of Crown Preference

    Coronaviruses are named for the crown-like spikes on their surface. The combination of the "Two Crowns" - COVID-19 alongside the return of Crown Preference
    United StatesTax
    FTI Consulting
    FTI Consulting
  • Article

    Abusive Small Captive Insurance Companies Added To IRS "Dirty Dozen Tax Scams"

    For the first time, the Internal Revenue Service (IRS) has included certain small captive insurance companies (CICs) in its annual list of "Dirty Dozen Tax Scams."
    United StatesTax
    Caplin & Drysdale, Chartered
    Caplin & Drysdale, Chartered
  • Article

    Attorneys Examine Landmark Franchise Tax Repeal And Refund

    Bass, Berry & Sims attorney Mike Sontag, Steve Jasper, Sara Morgan and Robert Guth authored an article for Tax Notes State examining Tennessee's recent repeal of the state's so-called...
    United StatesTax
    Bass, Berry & Sims PLC
    Bass, Berry & Sims PLC
  • Article

    BB&T STARS Transaction Lacked Economic Substance, Federal Claims Court Says

    The Court of Federal Claims ruled Sept. 20 that a structured trust advantaged repackaged securities (STARS) transaction engaged in by BB&T Corporation lacked economic substance, making it the latest such court to strike down the foreign tax credit generator transaction.
    United StatesTax
    Grant Thornton LLP
    Grant Thornton LLP
  • Article

    Beware Employee Retention Credits That Are "Too Good To Be True"

    Employers throughout the U.S. have been receiving advertisements and direct solicitations from third parties offering attractive tax savings in the form of Employee Retention Credits (ERC).
    United StatesTax
    Holland & Knight
    Holland & Knight
  • Article

    California Bill Would Make Taxpayer Information Available To The Public (Seriously!)

    A concerning bill is pending in the California Senate. SB-972 would require the California State Controller's Office (the Controller) to make taxpayer information publicly available.
    United StatesTax
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    California OTA Rejects FTB's IRC Section 751 Partnership Sourcing Theory

    The California Office of Tax Appeals recently ruled on a critical question for nonresident investors and private equity structures: how should gains from IRC section 751(a) "hot assets" be sourced when selling partnership interests? The decision directly challenges the California Franchise Tax Board's position that such gains should be treated as deemed asset sales and sourced using the partnership's apportionment factors, potentially reshaping tax obligations for nonresident partners in California-based en
    United StatesTax
    Greenberg Traurig
    Greenberg Traurig
  • Article

    Cash Settlement Payments Not Treated As Boot In C Reorganization

    The IRS has ruled that a cash settlement to former shareholders of an acquired company will not be considered a payment.
    United StatesTax
    Grant Thornton LLP
    Grant Thornton LLP
  • Article

    Certain Litigation Costs Are Ordinary And Necessary Business Expenses, IRS Rules

    In a private letter ruling (PLR 201412002), the IRS ruled that certain costs incurred by a corporate taxpayer to settle a lawsuit, including settlement payments and legal fees, were deductible as ordinary and necessary business expenses under Section 162.
    United StatesTax
    Grant Thornton LLP
    Grant Thornton LLP
  • Article

    Clinton And Trump Spar Over Tax Policy With New Proposals

    The Democratic presidential nominee, Hillary Clinton, responded to the new tax proposals of the Republican nominee, Donald Trump, by updating her own tax platform with changes...
    United StatesTax
    Grant Thornton LLP
    Grant Thornton LLP
  • Article

    Congress Fixes "Grain Glitch" Error In 199A

    On March 23, the Consolidated Appropriations Act (the "Appropriations Act") was signed into law by President Trump. Included in the Appropriations Act were certain tax law provisions ...
    United StatesTax
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Congressional Democrats And Republicans Fail To Agree On Job Creation Tax Incentives

    Senate Democrats and Republicans rejected each other’s efforts to advance job creation tax packages in a pair of votes on July 12.
    United StatesTax
    Grant Thornton LLP
    Grant Thornton LLP
  • Article

    Congressional Tax Writers Continue Work As Memorial Day Recess Approaches

    While full details on the integration plan are scant, the proposal is expected to include a deduction for dividends paid, with a nonrefundable withholding tax of 35% on both interest and dividends.
    United StatesTax
    Grant Thornton LLP
    Grant Thornton LLP
  • Article

    Cook County, Illinois, Use Tax Update

    As of recently, the Cook County Use Tax returns are required to be filed for all businesses in Cook County, Illinois, and individuals in Cook County who owe such use tax for purchases made in April 2013 from sellers located outside of Cook County.
    United StatesTax
    Duane Morris LLP
    Duane Morris LLP
  • Article

    Decoding Combination: What Is A Unitary Business

    This article is the first of our new series regarding common issues and opportunities associated with combined reporting.
    United StatesTax
    McDermott Will & Emery
    McDermott Will & Emery
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