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State Taxation

  • 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). 

  • Retirement Plan Distributions – New Guidance From The Department of Labor

    By:
    David A. Guadagnoli, Esq., JD, LLM (taxation)
    |
    Jun 1, 2021
    Whether you audit retirement plans, assist employers or individual clients with retirement benefits or are responsible as a fiduciary for your own retirement plan, you know that the proper distribution of benefits is at the very heart of tax-favored retirement plans, which broadly encompass Section 401(k) and 403(b) plans, profit sharing plans, employee stock ownership plans (ESOPs), defined benefit plans, and various other forms of plans, programs, and arrangements.

  • America, Love It or Leave It!: Tax Consequences of Citizenship Renunciation

    By:
    Alicea Castellanos, CPA
    |
    Feb 1, 2021
    During the tumultuous protests against the Vietnam War in the late ’60 s and ’70s, many pro-war activists decried the slogan “America, love it or leave It!” The meaning behind the slogan is that there is no middle road when proclaiming allegiance and loyalty to the United States—that is, you are either supportive of your country and the decisions made by its government, or if not, you have the choice to live elsewhere. It is a highly emotional proclamation reminiscent of a time in this country when people were deeply divided on life-and-death issues. 

  • SALT Business: A Glimpse in the Eye of the Pandemic

    By:
    Timothy P. Noonan, JD and Doran J. Gittelman
    |
    Jan 1, 2021
    There has been no shortage of excitement in the State and Local Tax (SALT) world this year. Between state-issued COVID-19 guidance, federal stimulus efforts, and the ever-changing landscape of income sourcing and nexus rules, individuals and multistate businesses are struggling to remain tax compliant. In this article, we will focus on some of the hot topics in state and local tax this year, and touch upon some of the big shifts occurring during the pandemic. 

  • New York Issues Guidance on How to Report the Decoupling from the CARES Act on the Personal Income on Tax Forms IT-201, IT-203, IT-204 and IT-205

    By:
    Mark H. Levin, CPA, MS (taxation)
    |
    Jan 1, 2021

    Ever since New York decoupled from the Coronavirus Aid, Relief, and Economic Security (CARES) Act in the 2020/21 Budget Act, tax practitioners have been asking how one reports a taxpayer’s income as required under the decoupling. This confusion arose because when the decoupling was enacted, no new Tax Law §§ 612(b) additions & 612(c) subtractions were enacted. However on Forms IT-201, IT-203, IT-204 and IT-205, taxpayers are still required to list the taxable items that comprise their taxable Federal adjusted gross income (AGI). Due to the decoupling from the CARES Act, these items may not be the same for New York.

  • Common Cryptocurrency Frauds

    By:
    Katerina L. Gaebel, CPA, CFE
    |
    Dec 1, 2020

    Bitcoin was first introduced to the world in 2009 after the global economic crisis. Bitcoin developers wanted to empower individuals to initiate online transactions that are anonymous, fast, irreversible, secure, and without the involvement of a third party. Although Bitcoin was not created to condone malicious conduct, fraudsters often use cryptocurrency because of its semi-anonymous nature.

  • Stuck in the Middle with You: The Rise of the Independent Sponsor in the Middle and Lower Middle Market

    By:
    Paul Marino, JD
    |
    Dec 1, 2020
    The independent sponsor (formerly known as “fundless sponsors”) is an equity sponsor that seeks to purchase (generally) privately held business with the backing of investors.  However, as opposed to private equity funds, independent sponsors do not have access to pooled cash reserves and therefore must seek investors on a deal-by-deal basis.
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