Latest Articles

  • Minimizing the Risks of a New York State Residency audit After COVID

    By:
    Karen Tenenbaum, Esq., LLM. (Tax), CPA
    |
    Aug 1, 2021
    COVID-19 caused millions of people to make a change in where and how they were living. To get away from crowds, they left cities in favor of the suburbs. Others sheltered in place free of the obligation to travel to an office. In many cases, this did not affect their taxes. However, where taxpayers lived and worked in different states, an opportunity arose to revisit their taxes. 
  • The Double-Tax Whipsaw: Some Problems with Resident Credits

    By:
    Elizabeth Pascal, JD and Ariele R. Doolittle, Esq.
    |
    Aug 1, 2021
    We would like to think that states give their residents a full tax credit for taxes paid to other state jurisdictions so that individuals won’t be subject to double taxation. Although this is often the case—for example, a state gives its resident a credit for taxes paid to a neighboring state on wages earned there—it isn’t always the case.
  • Cash Method? Avoid The Tax Shelter Trap

    By:
    Robert S. Barnett, JD, MS (Taxation), CPA
    |
    Aug 1, 2021
    Many taxpayers will need to consider the recent small business taxpayer regulations. On January 5, 2021, the IRS released final regulations[1] that provide guidance on the implementation of several provisions of the Tax Cuts and Jobs Act (TCJA).[2] The final regulations address several important tax provisions including the following: limitation on use of the cash method of accounting, exemption from inventory methods required under IRC § 471, uniform capitalization requirements under § 263A, and the percentage of completion method for certain long-term construction contracts under § 460A.
  • Supreme Court Rejects Challenge to the Affordable Care Act

    By:
    David Silverstein, CPA
    |
    Aug 1, 2021

    In a June 17, 2021 decision, the Affordable Care Act (ACA, “Obamacare”) survived its third and presumably final challenge as the Supreme Court rejected the challenge in a 7-2 decision. This margin of victory was wider than the 5-4 and 6-3 decisions from the prior two Supreme Court cases applicable to the ACA (in 2012 and 2015, respectively). 

  • The Deemed Realization Proposal in the Biden Administration’s “Green Book”

    By:
    Kevin Matz, Esq., CPA, LL.M. (Taxation)
    |
    Jul 1, 2021
    On May 28, 2021, the U.S. Treasury Department released its General Explanations of the Administration’s Fiscal Year 2022 Revenue Proposals (which is popularly called the “Green Book”). Significantly, the Green Book does not propose any changes to federal estate and gift taxes—in stark contrast to the previous Green Book that the Obama administration had released back in 2016, which had proposed vast changes to the estate and gift tax system.
  • 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. 

  • New York Cybersecurity Laws and Regulations

    By:
    Andrew M. Garlick
    |
    Jul 1, 2021

    The first computer virus appeared shortly after Apple introduced its first computer in the 1970s. In the early 1980s after the PC was introduced, viruses immediately followed. Some of the early malware did no real damage–they were created just to prove it could be done. Yet some did real damage, and the history of malware began.

  • Buy-Sell Agreements: The Accountant’s Holistic Primer Part 2

    By:
    Joshua P. Friedlander, Matthew E. Rappaport, Esq., LLM and Daniel J. Gershman, JD
    |
    Jun 1, 2021

    For companies where ownership is vested exclusively in one individual, there is often a need to address continuity of the company in the event of the sole owner’s death or incapacity. The surviving spouse of an owner may not want to be encumbered with a business foreign to him, and an unclear line of succession could lead to in-fighting or panicking among employees at all levels of the business; in this way, an asset that has produced income for loved ones in the past now becomes a potential liability. 

  • 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.
  • "The IRS Decries No More Chances: Removal of the Delinquent Information Submission Procedure"

    By:
    Alicea Castellanos, CPA
    |
    Jun 1, 2021
    In a recent article, there was a discussion of the IRS offshore voluntary disclosure program (OVPD). In a metaphorical comparison, the IRS Wealth Squad was likened to the famed Mod Squad of the popular ‘70s television series. Both squads had a mission to accomplish, with the IRS mission to bring taxpayers into compliance with their reporting requirements for foreign income, accounts, and assets. 

Bonus Article on Federal Taxation

The Infrastructure Investment and Jobs Act


Tax Quote
  

"Just taught my kids about taxes by eating 38% of their ice cream."

 – Conan O'Brien

*Outside the Box is a new addition to the TaxStringer featuring important articles on financial and investment management topics by top authors who have expertise both inside and outside the realm of taxation.

 

 

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