Passthroughs
The IRS finalized proposed regulations on eligible terminated S corporations, a new provision enacted under the Tax Cuts and Jobs Act that provided favorable treatment for corporations that wished to terminate their S elections.
The IRS announced that it will issue regulations to allow S corporations with accumulated earnings and profits to elect to have global intangible low-taxed income inclusions increase the S corporation’s accumulated adjustments account.
While the ability to temporarily file amended returns is welcome by many BBA partnerships,
some unanswered questions remain about the consequences of doing so, and in some circumstances filing an AAR could be preferable.
Taking business expense deduction for RV is evidence
of commercial use in warranty dispute.
Single-member LLCs and sole proprietorships must
consider several unique issues when choosing to incorporate — including the tax consequences of
transferring, or not transferring, assets into the newly formed corporation.
The M&A market is poised to regain its pre-COVID-19 activity levels as many business owners seek to exit closely held businesses or explore alternatives. One popular transaction that could emerge is Sec. 368(a)(1)(F) reorganizations F reorganizations) of S corporations.
The IRS issued proposed regulations under Sec. 1061, enacted by the law known as the Tax Cuts and Jobs Act, which requires owners of certain partnership interests to hold them for three years to be eligible for capital gain treatment.
Generally, after a corporation has revoked or terminated an S election, it cannot make an S
election for any tax year before its fifth tax year that begins after the first tax year for which the
termination was effective, unless the IRS consents to the election.
Foresight of the potential state tax implications of an F reorganization will allow a seller to evaluate the lesser-known hazards.
The following discussion mostly focuses on the ability of partnerships to file amended returns and
the QIP technical correction under the guidance issued in Rev. Procs. 2020-23 and 2020-25, respectively.
If a partnership’s allocations are not respected, the IRS or the courts can reallocate items of income or loss and assess underpayment or accuracy-related penalties.
The IRS proposes modifying the partnership form (Form 1065) to help standardize the format of international tax items.
This discussion considers reasons the purchaser of a
partnership may want to rethink the use of such shortcuts when estimating the federal income tax consequences associated with a Sec. 743(b) adjustment in an acquired partnership interest.
Partnerships must weigh the benefits of amending returns now that administrative hurdles have been
removed.
This article summarizes business and individual tax provisions of the CARES Act, emergency legislation designed to speed relief to employers and individuals who are struggling due to the COVID-
19 pandemic.
Proposed regulations change the paradigm for the tax treatment of compensation paid by a partnership situated below a publicly held corporation in an Up-C or UPREIT structure.
The mechanics of the withholding regime seem straightforward, but they can be difficult for certain
tiered partnership structures.
When advising on a merger of LLCs, tax advisers
must consider the application of state merger law, the continuity of the merged entities, and whether the merger constitutes an assets-over or assets-up
transaction.
This article explains the procedures for making adjustments to previously filed partnership returns, a process that changed significantly with the creation of the centralized partnership audit regime.
This discussion provides a review of the federal filing requirements for amending partnership returns and focuses on three states that have taken varying approaches to address the corresponding state effects of the BBA.
