This article covers recent developments affecting taxation of individuals, including regulations, cases, and IRS guidance.
Income
Proposed Regulations Govern Sec. 409A Nonqualified Deferred Compensation Plans
Proposed rules clarify and modify previous regulations regarding Sec. 409A nonqualified deferred compensation plans.
Cancellation-of-Debt Rules for Qualified Real Property Business Indebtedness
The IRS ruled on two situations involving individual taxpayers who had debt forgiven on property used in their real property trades or
businesses.
Are OTC Major Foreign Currency Options Now Subject to Sec. 1256?
Two approaches could yield very different tax results.
IRS Issues Sec. 409A Proposed Regulations
The IRS issued proposed regulations under Sec. 409A, which provides that if certain requirements are not met, amounts deferred under a nonqualified deferred compensation plan are currently includible in gross income.
FAQs Explain the Wrongful Incarceration Exclusion
A new law allows taxpayers to exclude from income money they receive to compensate them for being wrongfully incarcerated and to claim refunds for earlier tax years if they included such damages in income.
IRS Rules on Qualified Real Property Indebtedness
The IRS issued a ruling explaining when a taxpayer can exclude cancellation-of-debt income for debt forgiven in connection with property held in a real property trade or business.
Foreign Currency Straddles and Transactions Present Complex Tax Issues
Foreign currency straddles may be used to manage foreign currency exposure, but they may carry hidden tax issues.
Planning for Divorce-Related Stock Redemptions
A transfer of ownership of a closely held business in divorce does not trigger gain or loss if it is directly between the spouses.
Personal Goodwill and the Net Investment Income Tax
This article discusses when the sale
of goodwill related to a C corporation is the sale of a shareholder’s personal goodwill
and the reasons the gain from the sale of personal goodwill should not be subject to
the net investment income tax.
Change in Form 1099-B Cost Basis Reporting Can Result in Double-Counting of Income
Since the compensatory income is already included in the employee’s Form W-2, the failure to report it in the Form 1099-B cost basis results in double-counting the income unless an adjustment is entered on Form 8949.
New Exclusion for Damages Received From a Wrongful Incarceration
Damages received for wrongful incarceration are now specifically excluded from an individual’s taxable income.
IRS Issues Maximum Vehicle Values for 2016 for Personal-Use Vehicles
The limits for passenger vehicles are lower than they were in 2015, but the values for vans and trucks increased slightly.
Kiddie Tax May Be Due on College Scholarships
The taxable portion of college scholarships may be unearned income and subject to the kiddie tax.
Qualified Small Business Stock: Considerations for 100% Gain Exclusion
Some noncorporate taxpayers who dispose of QSBS in a taxable transaction may potentially exclude the entire gain for federal tax purposes.
Tax Court No Help for Opportunist Girlfriend
Rescission doctrine did not allow a taxpayer
to exclude from income $400,000 she received under a fraudulently induced agreement with her elderly boyfriend that she was later forced to repay.
Individual Taxation: Recent Developments
This article covers recent developments in the area of individual taxation arranged in Code section order.
Statutory Language Trumps Tax Policy
A foreign currency option could be a foreign currency contract.
What Investors Need to Know About Passive Activities
Having an activity classified as passive is not a good result for most taxpayers since they cannot carry back or forward losses under the net operating loss rules.
Maximum Vehicle Values for Personal-Use Vehicles Are Issued
The IRS issued the 2016 inflation-adjusted amounts for the maximum vehicle values for purposes of determining the amount that is included in employees’ income for personal use of an employer-provided vehicle.
employee benefits & pensions
Profits interests: The most tax-efficient equity grant to employees
By granting them a profits interest, entities taxed as partnerships can reward employees with equity. Mistakes, however, could cause challenges from taxing authorities.