Tax Update: October 2019

TRENDING IN TAX

Emerging issues for the family office
From taxation complexity to understanding cyberthreats, what are today’s top five concerns for family offices?
Family offices come in all shapes and sizes and the differences from one to another can be vast. It’s been said that if you’ve seen one family office, you’ve truly seen just one family office. From single-generation members focused on mutual goals to a multigenerational family with complex interests and diverging investment and philanthropic objectives, variations of the family office construct are endless.

State and local gross receipts taxes a new trend in state tax law
Recent activity among state and local gross receipts taxes may signify that a historic approach to taxation is ready to be a new trend.
As states continue to face the uncertain impact of federal tax reform on their budgets, a possible downturn in the economy, and several years of lackluster state and local tax collections, many state legislatures have been considering new (or bringing back old) methods of revenue generation. In addition to rolling back spending, increasing tax rates, and broadening sales tax bases, one trend that may be developing is state and local gross receipts taxes. Gross receipts taxes are generally levied on a company’s gross receipts instead of its net income and are imposed with a low tax rate on a broad tax base with fewer exemptions and deductions than an income tax.

 

State and local gross receipts taxes a new trend in state tax law

 

Source: RSM US LLP
Used with permission as a member of the RSM US Alliance
https://rsmus.com/what-we-do/services/tax/additional-tax-resources/tax-ideas-insights.html

Disclaimer

At Insero, we make it our business to stay abreast of the latest trends and technical updates in accounting, tax, and audit; and we understand how important timely updates are to our clients. As a member of the RSM US Alliance, we also have the benefit of access to the resources and subject matter experts of RSM US LLP (formerly known as McGladrey LLP). This includes regular updates on the latest federal, state, and international tax news as well as updates pertaining to the Tax Cuts and Jobs Act. We hope that you find these informative and useful, and invite you to reach out to us if you have any questions.

Tax Update: September 2019

TRENDING IN TAX

Qualified opportunity funds: Estate and gift tax planning implications
Exploring ways to incorporate qualified opportunity fund (QOF) investments into your overall estate and gift tax plan. While it is certainly possible to do some effective wealth transfer planning with QOFs, these assets provide a narrower bandwidth for planning than many other types of assets. Here is an overview of the essential estate and gift tax planning aspects of QOFs.

Opportunity knocks, will investors answer the call?
The IRS and Treasury Department released the second round of Qualified Opportunity Zone (OZ) regulations that may spur taxpayer confidence and financial implications will drive investment and set the stage for capital deployment into these designated areas. The OZ program also offers a large incentive related to those investments held at least 10 years.

U.S. partners to determine their own GILTI inclusion
Final regulations issued in late June 2019 on GILTI inclusion could have a considerably differently impact on PE and VC fund structures. GILTI is a new anti-deferral provision of the U.S. tax law that results in current taxation of offshore earnings for U.S. shareholders of a controlled foreign corporation (CFC) regardless of whether the income is distributed or retained offshore.

 

Estate and gift tax planning implications exploring ways to incorporate qualified opportunity fund investments

 

Source: RSM US LLP
Used with permission as a member of the RSM US Alliance
https://rsmus.com/what-we-do/services/tax/additional-tax-resources/tax-ideas-insights.html

Disclaimer

At Insero, we make it our business to stay abreast of the latest trends and technical updates in accounting, tax, and audit; and we understand how important timely updates are to our clients. As a member of the RSM US Alliance, we also have the benefit of access to the resources and subject matter experts of RSM US LLP (formerly known as McGladrey LLP). This includes regular updates on the latest federal, state, and international tax news as well as updates pertaining to the Tax Cuts and Jobs Act. We hope that you find these informative and useful, and invite you to reach out to us if you have any questions.

Tax Update: August 2019

TRENDING IN TAX

Cash balance plans may boost benefits for small business owners
Small business owners may be able to increase tax-beneficial retirement contributions with a combination 401(k) cash balance plan. While 401(k) plans are in wide use, cash balances plans and their potential for significant wealth accumulation for owners may be new to most people.

California enacts changes to recent remote seller provisions
California amends the effective date for district remote seller nexus requirements; offers penalty relief for certain marketplace sellers. California is offering a limited penalty abatement to retailers with “inventory nexus” for sales made between April 1, 2016 and March 31, 2019.

New tax transparency rules will have an impact on the auto industry
The work of the OECD regarding tax transparency has been substantial. The new rules will affect car manufacturers in particular, as they represent the industry with the largest volume of intercompany transactions.

10 success tips for the family business and its next generation
Get key tips for bringing the next generation into the family business. Here are some lessons learned and tips that, if addressed, are likely to improve the likelihood that your business can be one of those success stories where the next generation develops the right traits to propel the enterprise to greater heights.

 

Cash balance plans may boost benefits for small business owners

 

Source: RSM US LLP
Used with permission as a member of the RSM US Alliance
https://rsmus.com/what-we-do/services/tax/additional-tax-resources/tax-ideas-insights.html

Disclaimer

At Insero, we make it our business to stay abreast of the latest trends and technical updates in accounting, tax, and audit; and we understand how important timely updates are to our clients. As a member of the RSM US Alliance, we also have the benefit of access to the resources and subject matter experts of RSM US LLP (formerly known as McGladrey LLP). This includes regular updates on the latest federal, state, and international tax news as well as updates pertaining to the Tax Cuts and Jobs Act. We hope that you find these informative and useful, and invite you to reach out to us if you have any questions.

Tax Update: July 2019

SUPREME COURT DECISION

U.S. Supreme Court finds in-state beneficiary inadequate for trust tax
The unanimous decision in the highly anticipated trust taxation case (North Carolina v. Kaestner) considers whether a state can tax a trust based on the residency of a beneficiary. In the wake of this decision, trustees, trust administrators and trust planners should consider broad-scope trust residency reconciliations to determine whether past residency decisions are still applicable going forward and whether refund claims are available.

TRENDING IN TAX

Don’t put your employee stock ownership plan on autopilot
Companies often need to review ESOPs as changes arise in the business, employee demographics and in the economic environment. Company leaders may not realize plan provisions can be changed (within some limits) or may not fully understand how changes may benefit the company or its employees.

IRS finalizes certain temporary foreign currency tax regulations
Treasury and the IRS finalize and withdraw certain provisions contained in previously issued temporary section 987 regulations. The final regulations were published in the Federal Register on May 13, 2019.

 

 

books, computer and phone on a desk for tax updates

Source: RSM US LLP
Used with permission as a member of the RSM US Alliance
http://rsmus.com/our-insights/newsletters/tax-digest.html

Disclaimer

At Insero, we make it our business to stay abreast of the latest trends and technical updates in accounting, tax, and audit; and we understand how important timely updates are to our clients. As a member of the RSM US Alliance, we also have the benefit of access to the resources and subject matter experts of RSM US LLP (formerly known as McGladrey LLP). This includes regular updates on the latest federal, state, and international tax news as well as updates pertaining to the Tax Cuts and Jobs Act. We hope that you find these informative and useful, and invite you to reach out to us if you have any questions.

Tax Update: June 2019

Trending in Tax

Are a dip in rates and an uptick in tax proposals a call to action?
Favorable estate planning rules in place to 2026 would be less so in 2021 under some Democrats’ proposals. The applicable federal rates used for intra-family loans, sales to defective trusts and other planning techniques also decreased a bit. Time to consider the what ifs?

Tax implications of hard forks and airdrops
Not all digital assets are received through an exchange; airdrops and hard forks create another layer of complexity for taxpayers. These new elements trigger a key question that every taxpayer who engages with the blockchain and digital asset marketplace should want answered.

10 mistakes business owners make when thinking about whether to exit
Alleviate the stress of your business sale or transition by addressing 10 key missteps many business owners make.

Health savings accounts: A tax-free way to pay for medical expenses
Health savings accounts are a valuable tool for saving money for medical expenses since they offer a triple tax benefit. These personal accounts also offer opportunities for individuals to accumulate funds for their retirement years.

 

Computer with phones and pens

Source: RSM US LLP
Used with permission as a member of the RSM US Alliance
http://rsmus.com/our-insights/newsletters/tax-digest.html

Disclaimer

At Insero, we make it our business to stay abreast of the latest trends and technical updates in accounting, tax, and audit; and we understand how important timely updates are to our clients. As a member of the RSM US Alliance, we also have the benefit of access to the resources and subject matter experts of RSM US LLP (formerly known as McGladrey LLP). This includes regular updates on the latest federal, state, and international tax news as well as updates pertaining to the Tax Cuts and Jobs Act. We hope that you find these informative and useful, and invite you to reach out to us if you have any questions.

Tax Update: May 2019

Trending in Tax

IRS offers further clarity in opportunity zone regulations
The new revenue guidance has cleared the way for businesses and investors to invest in opportunity zones and drive economic growth.

International tax considerations for the blockchain industry
Carefully consider international blockchain enterprise structuring in light of the Tax Cuts and Jobs Act.

The verdict is in: Weighing GILTI is key for multinational businesses
Understanding the impact GILTI will have on your multinational organization may maximize tax planning opportunities and minimize risk.

Exploring the undefined: Trade or business
The enactment of TJCA creates pressure on taxpayers to distinguish what qualifies as a trade or business for tax purposes.

Section 1202: Effects of capital contribution on closely held corps
Understanding the importance of section 1202 and consequences of capital contributions to closely held corporations.

Revisiting at-risk rules for partnerships
Proposed sec. 465 regulations provide significant guidance and detailed examples of the application of the at-risk rules for partnerships.

Qualified transportation fringe benefit under tax reform
Review the changes made to the qualified transportation fringe benefit and loss of deductions by the TCJA under tax reform.

Proposed regulations contain key foreign tax credit transition rules
Changes to the international tax system will require U.S. taxpayers to navigate important foreign tax credit transition rules.

 

person sitting by computer holding pencil

Source: RSM US LLP
Used with permission as a member of the RSM US Alliance
http://rsmus.com/our-insights/newsletters/tax-digest.html

Disclaimer

At Insero, we make it our business to stay abreast of the latest trends and technical updates in accounting, tax, and audit; and we understand how important timely updates are to our clients. As a member of the RSM US Alliance, we also have the benefit of access to the resources and subject matter experts of RSM US LLP (formerly known as McGladrey LLP). This includes regular updates on the latest federal, state, and international tax news as well as updates pertaining to the Tax Cuts and Jobs Act. We hope that you find these informative and useful, and invite you to reach out to us if you have any questions.

Tax Update: November 2018

Tax Reform

IRS releases proposed regulations for Qualified Opportunity Zones
The IRS released proposed regulations and a Revenue Ruling providing guidance on the newly created Qualified Opportunity Zones.

Investing in opportunity zones under the 2017 Tax Act
Taxpayers need to consider the tax benefits (deferral and possible exclusion) of investing realized gains in opportunity zone funds.

Cushioning the double-tax blow: the section 962 election
Double tax on dividends received by United States shareholders from foreign corporations addressed via TJCA through section 962.


Trending in Tax

Capital expenditures are not meeting expectations
How tax laws affect a company’s growth and cash flow depends on management’s priorities. The key is investing for the long term.

South Dakota v. Wayfair and manufacturing: 3 misconceptions debunked
The Wayfair decision goes beyond just retail and can impact manufacturers that sell exempt to resellers or distributors.


Tax Planning

2018 year-end tax considerations for businesses
A business guide to tax considerations for 2018 and beyond to help the middle market make smart, informed decisions.


Special Interest

The Real Economy: Volume 45
Developing markets face growing risks that present a clear and present danger to middle market firms.

tax expert using a calculator to calculate tax rates for qualified opportunity zones

Source: RSM US LLP
Used with permission as a member of the RSM US Alliance
http://rsmus.com/our-insights/newsletters/tax-digest.html

Disclaimer

At Insero, we make it our business to stay abreast of the latest trends and technical updates in accounting, tax, and audit; and we understand how important timely updates are to our clients. As a member of the RSM US Alliance, we also have the benefit of access to the resources and subject matter experts of RSM US LLP (formerly known as McGladrey LLP). This includes regular updates on the latest federal, state, and international tax news as well as updates pertaining to the Tax Cuts and Jobs Act. We hope that you find these informative and useful, and invite you to reach out to us if you have any questions.

Tax Alert: U.S. Supreme Court Rules on Wayfair Case

On June 21, 2018, the U.S. Supreme Court issued its decision in South Dakota v. Wayfair, Inc., the most recent and direct challenge by a state to the physical presence nexus standard, adopted/continued in Quill v. North Dakota over 25 years ago.

Their decision eliminated the physical presence requirement for sales tax nexus purposes.  Specifically, the South Dakota law states that remote sellers (those without any physical presence in the state) who have either more than $100,000 of in-state taxable sales of products/services annually or have consummated 200 or more separate transactions annually are required to register with the state and collect and remit sales taxes to South Dakota on those transactions.

It is important to note that the Court did not formally hold that the thresholds in South Dakota’s law are the new standard, or even that there is any standard. The ruling, simply, was that physical presence in a given state is no longer required for a state to require sellers of property and services within that state to collect and remit sales taxes.

Several states, in anticipation of the Wayfair case, had previously adopted economic nexus provisions for sales and use taxes and there are others whose laws are contingent on the decision in the Wayfair case. Some states also had cases pending in their respective courts waiting for the Supreme Court’s ruling to come down.

It is important to remember that the Supreme Court remanded the case back to the lower court for a decision as to the impact of the Commerce Clause (for “undue burden”, etc.) of the Constitution. It is therefore possible that the S.D. law will be modified pending the outcome of that case. If the lower Court finds in favor of S.D., then its statute will likely become the standard for other states to follow. A similar result will occur (although without the protection of a court decision ratifying the Commerce Clause provisions thereby subjecting them to future litigation if another taxpayer decides to challenge them) if the parties settle prior to litigation.

So, what’s next? Good question. It appears that states with laws requiring some threshold level of economic (but not physical) contact before they assert sales tax nexus for a remote seller would not be in violation of the Wayfair decision. That said, there were other provisions in the South Dakota law, namely no retroactive liability and compliance with the Streamlined Sales and Use Tax Agreement which will need to be evaluated on a state-by-state basis.

Accordingly, each state (and locality for that matter) MAY decide to come up with their own economic nexus thresholds, which may or may not comport with the S.D. law. If different, this would potentially open the state to future challenges on the Commerce Clause issue.

As a result of the Wayfair decision, many states are re-evaluating their nexus statutes and Congress has been discussing responses as well.

For businesses no longer protected from sales tax nexus due to this decision, the following are some questions that will need to ultimately be addressed in all the states they sell into, according to the statutes passed (or to be passed) in those states:

Do we meet any of the threshold tests?

Are our services or products taxable?

Are we required to register in each state we sell into?

What are the correct tax rates?

Are there local taxes in addition to state level taxes?

How often must a return be filed and what are the available methods for filing?

When will the first sales taxes be due?

How complete is our system for tracking exemption certificates?

Do we need to purchase a software solution to handle this and, if so, how much will that cost?

Do we need to hire more staff to accommodate this increase in our compliance obligation?

Might we have to collect and remit sales taxes in a state that does not have economic nexus standards currently in place?

Can states make sales tax collection retroactive? Likely not, but one never knows.

As you can see, this issue is very much unsettled at the moment. Following are some actions that businesses should take sooner rather than later:

  • Understand the states and localities that you currently sell into. Make sure that you have some reliable method of capturing the amount of sales and the number of transactions into each state and locality. Shortly, ignorance will not be an excuse for non-compliance in states where you may not have previously been required to file.
  • If your products are for re-sale, be sure that you have updated your Resale Certificates, and that you have a process for doing so periodically.
  • If you have physical nexus in a state and have not been filing there, immediately evaluate the costs of compliance versus continued no compliance. Voluntary Disclosure Agreements may prevent penalties in some cases, and prevent unlimited look back, but you have to go to the state. Once they find you, it’s too late. And states are all on high alert for non-compliance.
  • Monitor the states into which you sell for changes to their nexus legislation.
  • For states where you are currently filing, be sure you actually ARE collecting the correct amount of tax when and where you should, and remitting it on a timely basis.

As always, if you would like to discuss this further, please contact us.

 

Supreme Court of the United States building in Washington, DC, SCOTUS has issued decision in South Dakota v. Wayfair

Disclaimer

Tax Alert: Responding to South Dakota v. Wayfair

The U.S. Supreme Court has issued its highly anticipated decision in South Dakota v. Wayfair, overruling Quill’s physical presence sales tax nexus standard. This decision will have significant implications for almost all industries, but especially consumer products (retailers) and industrial products.

With a new sales tax nexus standard established, more states will require all retailers that sell within their borders to collect that state’s sales tax. About a dozen states have already addressed economic nexus laws or regulations.

The Wayfair case moved through the court system at a blistering pace. Even with a decision from the nation’s highest court, very little is settled. Under the U.S. Constitution, Congress may have the authority to implement a remote seller solution or codify the physical presence standard into federal law. Whether Congress takes up the issue is a “wait-and-see” proposition.

However, Wayfair has created many more questions than answers. Adapting your business to the new sales and use tax landscape will take time, even though you may need to react quickly.

To learn more, please read RSM’s alert, U.S. Supreme Court kills Quill physical presence or contact us directly to discuss how Wayfair may affect your business.

 

Supreme Court of the United States building in Washington, DC, SCOTUS has issued decision in South Dakota v. Wayfair

Source: RSM US LLP
Used with permission as a member of the RSM US Alliance
https://rsmus.com/what-we-do/services/tax/state-and-local-tax/sales-and-use-tax/u-s–supreme-court-kills-quill-physical-presence.html

Disclaimer

At Insero, we make it our business to stay abreast of the latest trends and technical updates in accounting, tax, and audit; and we understand how important timely updates are to our clients. As a member of the RSM US Alliance, we also have the benefit of access to the resources and subject matter experts of RSM US LLP (formerly known as McGladrey LLP). This includes regular updates on the latest federal, state, and international tax news. We hope that you find these informative and useful, and invite you to reach out to us if you have any questions.

Tax Update: July 2017

At Insero, we make it our business to stay abreast of the latest trends and technical updates in accounting, tax, and audit; and we understand how important timely updates are to our clients. As a member of the RSM US Alliance, we also have the benefit of access to the resources and subject matter experts of RSM US LLP (formerly known as McGladrey LLP). This includes regular updates on the latest federal, state, and international tax news. We hope that you find these informative and useful, and invite you to reach out to us if you have any questions.

Is state tax reform coming in waves?
Contending with several quarters of weak growth in overall state tax collections, between 25 and 40 states are facing revenue shortfalls. The budget season is heating up with a flurry of legislation proposed to close those budget gaps for the 2018 fiscal year.
Read more

Personal tax planning in anticipation of reform: What you should know (and do)
Join us July 18 to learn about the implications of potential tax reform on income, estate and life insurance planning and the ways to prepare for it.
Read more

Tax Court holds taxpayer not liable for accuracy-related penalties
A taxpayer’s reliance on a tax professional to prepare accurate tax return was reasonable, thus taxpayer was not liable for penalties.
Read more

Economic sales and use tax nexus laws
Economic sales and use tax nexus laws are gaining momentum as states make a direct challenge to traditional physical presence standards.
Read more

Canada identifies US partnerships that it will treat as corporations
Canadian Revenue Agency provides list of factors considered when determining certain U.S. partnerships should be treated as corporations.
Read more

Net operating losses: One size does not fit all
Proper diligence when it comes to the state application of net operating losses can help maximize tax benefits and minimize errors.
Read more

What business owners need to know about value before selling
Learn how to view the value of your business through the eyes of a buyer and what you can do today to plan for a successful transaction.
Read more

Employers with self-insured health plans owe PCOR fee by July 31, 2017
Read more

Tax planning for ESOP-owned S corporations
Read more

Navigating nuances in transfer pricing
Read more

Apportionment of net recognized built-in gains in California
Read more

Capitol Hill

Source: RSM US LLP
Used with permission as a member of the RSM US Alliance
http://rsmus.com/our-insights/newsletters/tax-digest.html

Disclaimer

As always, we hope you enjoy this edition of our newsletter and we look forward to receiving your feedback. Should you have any questions regarding the information contained in the attached materials or our service offerings, please contact us directly.