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Corporate Taxation

  • Expatriation from the United States Part 1: The Exit Tax

    By:
    Gary Forster
    |
    Feb 1, 2023

    The U.S. imposes an Expatriation Tax on U.S. citizens who abandon citizenship and on or long-term U.S. residents (non-citizens) who surrender their green card. The expatriation tax consists of the Exit Tax and the Inheritance Tax.  This article explains the Exit Tax.

  • Corporate Transparency Act

    By:
    Mitchell A. Drossman
    |
    Jan 3, 2023

    On December 11, 2020, the National Defense Authorization Act for Fiscal Year 2021 (“Defense Act”) was presented to the President, who then vetoed the legislation on December 23. The House voted to override the veto on December 28, and the Senate soon followed on January 1, 2021. Accordingly, the Defense Act became law. 

  • The Status of LLCs in Asset Protection Planning

    By:
    Gary Forster
    |
    Aug 1, 2022

    Limited liability companies (“LLCs”) have become the business entity of choice. The corporation has waned in popularity, likely due to the exposure of corporate stock to shareholder creditors. Although corporations insulate shareholders from “inside” operational liabilities, an indebted shareholder must generally surrender corporate stock to a judgment holder. The judgment holder then often becomes a shareholder (with all shareholder voting and liquidation rights).

  • Business Appraisal: Case Law Update

    By:
    Peter A. Mahler, JD, Esq.
    |
    Jul 1, 2022
    I recently had the privilege of presenting at the FAE 2022 Business Valuation/Litigation Services Conference on recent case law developments of interest to business appraisers, primarily involving statutory fair value appraisal proceedings but also involving contract-based damages and buyout disputes litigated in the courts of New York, Delaware, and several other states. For those who were unable to attend, this article covers much of the same discussed at the conference. 
  • Understanding Your Tax-Exempt Investors

    By:
    Ofer Lion and Dustin W. Lauermann
    |
    Dec 1, 2021
    It is a common misconception that “nonprofit” means “no profit.” However, not only is it acceptable for a nonprofit, tax-exempt organization to profit from their key activities (think: hospitals bills and university tuition), many have significant investment portfolios. In addition to traditional holdings of bonds and publicly traded stock, tax-exempt organizations increasingly seek and participate in private equity investments, opportunity funds, special purpose acquisition companies (SPACs), partnerships and joint venture deals.
  • New Power of Attorney Law

    By:
    Pauline Yeung-Ha, Esq.
    |
    Jul 1, 2021

    For over a decade, New Yorkers have been using the New York State Statutory Short Form Power of Attorney (“2010 POA”) which also contained the Statutory Gifts Rider. The implementation and execution of the 2010 POA have been confusing and complex for most New Yorkers. 

  • Section 958(b)(4) Repeal and the Proliferation of the Constructive CFC

    By:
    Summer A. LePree, Esq., JD, LLM (taxation) and Jeffrey L. Rubinger, Esq., JD, LLM (taxation), CPA (inactive)
    |
    Jun 1, 2021
    The impact of the Tax Cuts and Jobs Act (TCJA) was particularly significant in the cross-border context, where taxpayers and practitioners saw drastic changes come into effect almost overnight. One of the most disruptive and wide-reaching changes was the repeal of Section 958(b)(4), which historically had prevented the downward attribution of stock from foreign persons to U.S. entities in the context of the U.S. controlled foreign corporation (CFC) provisions.
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Views expressed in articles published in Tax Stringer are the authors' only and are not to be attributed to the publication, its editors, the NYSSCPA or FAE, or their directors, officers, or employees, unless expressly so stated. Articles contain information believed by the authors to be accurate, but the publisher, editors and authors are not engaged in redering legal, accounting or other professional services. If specific professional advice or assistance is required, the services of a competent professional should be sought.