Double Tax-
The shareholders of C corporations have long sought legitimate operational and transactional structures by which they may reduce the double tax hit that is realized when such a corporation distributes its...more
3/11/2022
/ Audits ,
Burden of Proof ,
C-Corporation ,
Closely Held Businesses ,
Corporate Bonuses ,
Corporate Net Income ,
Disguised Sales ,
Dividends ,
Income Taxes ,
IRS ,
Job Duties ,
Midsize and Large Business Loans ,
Multi-Factor Test ,
Purchase Price ,
Reasonable Compensation ,
Salary/Wage History ,
Sale of Assets ,
Shareholders ,
Tax Liability ,
Tax Returns
Taxes and Snowy Weather?
How many of you awoke Saturday to find that the winter storm about which we had heard so much during the preceding days had lived up to its hype? What was your first thought? “Fudge,” right?...more
2/4/2022
/ C-Corporation ,
Income Taxes ,
IRS ,
Liquidation ,
New York ,
Partnerships ,
Pass-Through Entities ,
S-Corporation ,
State Taxes ,
Tax Authority ,
Tax Deductions ,
Taxable Income ,
Unincorporated Business Tax (UBT)
Goodbye New York-
Late last year, the U.S. Census Bureau released data showing population shifts across the country during 2021. According to this information, New York lost 1.8 percent of its population...
...more
1/18/2022
/ Apportionment ,
C-Corporation ,
Census Bureau ,
Closely Held Businesses ,
Corporate Taxes ,
Domicile ,
Exit Tax ,
Income Taxes ,
Middle Market ,
New York ,
Pass-Through Entities ,
Residence Status ,
Small Business ,
State of the State ,
Tax Advice ,
Tax Increases ,
Tax Relief ,
Taxable Income
Mention the “tax season” and most folks think of the weeks leading up to the April 15 deadline for filing one’s federal individual income tax return and paying the associated income tax. Truth be told, given the number of...more
“I have wondered at times what the Ten Commandments would have looked like if Moses had run them through the U.S. Congress.” – Pres. Ronald Regan-
That line probably describes the exasperation with which many Americans...more
12/14/2021
/ Acquisitions ,
Business Ownership ,
Capital Gains ,
Closely Held Businesses ,
Fair Market Value ,
Federal Budget ,
Income Taxes ,
Partnerships ,
Private Equity ,
Stocks ,
Target Company ,
Tax Code ,
Tax Deferral ,
Tax Increases ,
Tax-Free Exchanges
Not Selling Your Business This Year?
Beginning shortly before the House Ways and Means Committee released its version of the President’s Build Back Better plan, several posts on this blog have explored the uptick in M&A...more
11/29/2021
/ Arms Length Transactions ,
Business Ownership ,
Buy-Sell Agreements ,
Corporate Taxes ,
Equity ,
Estate Tax ,
Fair Market Value ,
Family Businesses ,
Income Taxes ,
IRS ,
Life Insurance ,
Liquidity ,
Mergers ,
Partnerships ,
Shareholders ,
Stock Purchase Agreement ,
Tax Increases ,
Transfer of Assets ,
Ways and Means Committee
Tax the Rich?
The President’s plan for a tax regime that would ensure the rich pay their “fair share” of the cost of implementing his programs has come one step closer to being realized . . . maybe . . . well, sort of ....more
11/23/2021
/ Adjusted Gross Income ,
C-Corporation ,
Capital Gains ,
Capital Gains Tax ,
Corporate Taxes ,
Estate Tax ,
Gift Tax ,
Grantor Retained Annuity Trusts (GRATs) ,
Income Taxes ,
Infrastructure ,
Inter Vivos Gifts ,
IRS ,
Mark-To-Market ,
Net Investment Income ,
Social Security Taxes ,
Tax Code ,
Tax Court ,
Tax Liability ,
Tax Returns ,
Transfer Taxes ,
Valuation ,
Wealth Tax
It Seemed Like a Good Idea-
In July of this year, one of my partners, who chairs the board of a local grantmaking public charity, asked if I would present at a CLE program to be sponsored by the charity on October 28 (last...more
11/1/2021
/ Budget Reconciliation ,
Capital Gains ,
Corporate Taxes ,
Federal Budget ,
Grantor Trusts ,
Green Book ,
Income Taxes ,
IRS ,
Like Kind Exchanges ,
Popular ,
SALT ,
Tax Increases ,
Ways and Means Committee ,
Wealth Tax
If Only-
Have you ever wondered what trajectory your career or business would have taken had you done something differently? Have you ever wished you could turn back the clock to correct a mistake, to complete an...more
Where Are We?
Have you seen the Triumvirate of late? No, not Julius, Pompey, and Crassus. I’m referring to more contemporary political figures, whose names and exploits are not likely to appear in volumes that will be...more
9/28/2021
/ Estate Tax ,
Fair Market Value ,
Gift Tax ,
Grantor Retained Annuity Trusts (GRATs) ,
Grantor Trusts ,
Green Book ,
Income Taxes ,
Joe Biden ,
Obama Administration ,
Tax Code ,
Tax Legislation ,
Tax Planning ,
Trust Income ,
U.S. Treasury ,
Ways and Means Committee
Living the Dream-
“How was your weekend?” Thank you for asking. Awful.
“Why?” you ask. (Humor me. Pretend you’re interested.) I’ll tell you. One word, with 535 syllables: Congress.
When the reconciliation budget...more
9/13/2021
/ Biden Administration ,
Business Ownership ,
Business Taxes ,
Capital Gains ,
Corporate Taxes ,
Green Book ,
Income Taxes ,
Partnerships ,
Popular ,
Reconciliation ,
Tax Increases ,
Tax Revenues ,
Wealth Tax
Report Card-
A couple of weeks ago, the Treasury Inspector General for Tax Administration (“TIGTA”) released a report that presented the results of its review to determine whether the IRS’s “policies, procedures and,...more
8/30/2021
/ Adjusted Gross Income ,
Compensation ,
Employment Tax ,
FICA Taxes ,
Income Taxes ,
IRS ,
Net Investment Income ,
Popular ,
S-Corporation ,
Self-Employment Tax ,
Tax Returns ,
Treasury Inspector General for Tax Administration (TIGTA)
Welcome to the Governor’s office, Ms. Hochul. Unfortunately, congratulations are hardly in order; indeed, a wish for good luck seems much more appropriate.
I suppose you realize that the last round of tax legislation,...more
8/23/2021
/ Business Ownership ,
Capital Assets ,
Capital Gains ,
Corporate Taxes ,
Estate Tax ,
Income Taxes ,
Like Kind Exchanges ,
Long-Term Investment Funds ,
New York ,
S-Corporation ,
Stock Transfer ,
Tax Fraud ,
Tax Legislation ,
Tax Rates ,
Transfer on Death Deed (TOD) ,
Transfer Taxes
Movement Toward Tax Increases-
You may have read last week that Democrats on the Senate Budget Committee announced they had reached a deal on a budget resolution that will enable them to bypass Senate Republicans on the...more
7/19/2021
/ 1099s ,
Budget Reconciliation ,
Business Expenses ,
Corporate Officers ,
Employment Tax ,
Federal Taxes ,
FICA Taxes ,
Form 941 ,
FUTA ,
Income Taxes ,
IRS ,
Joe Biden ,
Management Fees ,
Reasonable Compensation ,
S-Corporation ,
Shareholders ,
Spouses ,
Tax Court ,
Withholding Tax
Recap-
Last week, we considered several of the revenue proposals included in the Biden Administration’s 2022 Budget that are probably of interest – or should we say, “of concern”? – to the owners of closely held...more
6/7/2021
/ C-Corporation ,
Capital Contributions ,
Capital Gains Tax ,
Closely Held Businesses ,
Compensation ,
Fair Market Value ,
Federal Budget ,
Gift Tax ,
Green Book ,
Hedge Funds ,
Income Taxes ,
Investment Partnerships ,
IRS ,
Joe Biden ,
Limited Liability Company (LLC) ,
Long-Term Investment Funds ,
Partnerships ,
Profits Interests ,
S-Corporation ,
Tax Equity ,
Tax Equity Partnership ,
Transfer Taxes ,
Valuation ,
Vested Benefits
Tax Gap-
In a report released last week, the U.S. Treasury Department explained that the so-called “tax gap” – i.e., the difference between the amount of federal income taxes owed by taxpayers for a taxable year and the...more
5/25/2021
/ Audits ,
Business Expenses ,
Business Losses ,
Business Taxes ,
C-Corporation ,
Capital Expenditures ,
Capital Gains ,
CCA ,
Closely Held Businesses ,
Enforcement ,
Income Taxes ,
IRS ,
Like Kind Exchanges ,
Long-Term Investment Funds ,
Net Investment Income ,
Partnerships ,
Pass-Through Entities ,
Real Estate Investments ,
S-Corporation ,
Shareholders ,
Tax Advice ,
Tax Deductions ,
Tax Increases ,
Tax Rates ,
Taxable Income ,
U.S. Treasury
Ask the owner of a closely held business to describe their most recently recurring nightmare and you are likely to get an earful regarding the prospect of an increased federal income tax on their profits, an increased federal...more
5/17/2021
/ Biden Administration ,
Bona Fide Purchaser ,
Capital Gains ,
Cash Transactions ,
CCA ,
Closely Held Businesses ,
Estate Tax ,
Fair Market Value ,
Federal Taxes ,
Income Taxes ,
Investigations ,
IRS ,
Joe Biden ,
OCC ,
Promissory Notes ,
Tax Advice ,
Tax Deferral ,
Tax Increases ,
Tax Liability ,
Unsecured Debt
Go After Real Estate?
During the 2020 presidential campaign, there was one segment of the “rich” for which then-candidate Biden seemed to have reserved some of his harshest criticism – wealthy real estate investors....more
5/11/2021
/ Capital Gains ,
Estate Tax ,
Income Taxes ,
Installment Agreements ,
Internal Revenue Code (IRC) ,
Investment Property ,
Joe Biden ,
Like Kind Exchanges ,
Political Campaigns ,
Real Estate Investments ,
S-Corporation ,
Step-Up Basis ,
Tax Increases ,
Tax Planning
“Yeah, I’m the Tax Man”
Last week, several media outlets reported that Mr. Biden will soon propose that Congress increase the federal income tax rate applicable to long-term capital gains recognized by individual...more
4/26/2021
/ American Taxpayer Relief Act of 2012 (ATRA) ,
Baby Boomers ,
Budget Reconciliation ,
Business Assets ,
Business Ownership ,
Business Taxes ,
Capital Gains ,
Census ,
Closely Held Businesses ,
Deferred Compensation ,
Depreciation ,
Economic Downturn ,
Income Taxes ,
IRS ,
Joe Biden ,
Loans ,
Pass-Through Entities ,
Personal Property ,
Popular ,
Retirement Funds ,
Tangible Property ,
Tax Deductions ,
Tax Increases ,
Tax Reform ,
Tax Relief Act of 2010 ,
Tax-Free Transfers ,
Taxable Income
New York’s Governor Cuomo is having a bad 2021. Some may attribute this to his hubris or to karma; others may point to an emboldened, and now veto-proof, progressive State Legislature; many will claim that Mr. Cuomo is paying...more
4/12/2021
/ Adjusted Gross Income ,
Corporate Taxes ,
Estate Tax ,
Governor Cuomo ,
Income Taxes ,
Low-Income Issues ,
New York ,
Pass-Through Entities ,
Popular ,
Qualified Opportunity Funds ,
Real Estate Transfers ,
State Budgets ,
State Taxes ,
Tax Code ,
Tax Cuts and Jobs Act ,
Tax Incentives ,
Tax Increases ,
Taxable Income ,
Wealth Tax
The New York state budget deal announced yesterday includes a workaround of the temporary federal limit on state and local tax deductions (the SALT cap). The provision was part of Gov. Cuomo’s initial budget proposal in...more
4/7/2021
/ Business Income ,
Governor Cuomo ,
Income Taxes ,
IRS ,
Itemized Deductions ,
New York ,
Pass-Through Entities ,
S-Corporation ,
SALT ,
Shareholders ,
State and Local Government ,
State Budgets ,
State Taxes ,
Tax Cuts and Jobs Act ,
Tax Deductions ,
Taxable Income
Are the rich making enough of a contribution to society? Are they bearing their fair share of taxes? Many New York legislators don’t think so.
Following the elections of November 2020, the State’s Democratic party secured...more
3/30/2021
/ Alternative Minimum Tax ,
American Rescue Plan Act of 2021 ,
C-Corporation ,
Capital Gains Tax ,
Coronavirus/COVID-19 ,
Corporate Taxes ,
Estate Tax ,
Fiscal Year ,
Governor Cuomo ,
Impeachment ,
Income Taxes ,
Investment ,
Joe Biden ,
New York ,
Nursing Homes ,
SALT ,
Sexual Harassment ,
State Attorneys General ,
State Budgets ,
State Taxes ,
Surcharges ,
Tax Increases ,
Tax Rates ,
Taxable Income ,
Wealth Tax