Category: Tax Planning & Compliance
New Jersey ITIN Holders Director Assistance Excludable from Federal Taxable Income
New Jersey ITIN Holders Director Assistance Excludable from Federal Taxable Income The IRS ruled that a payment made under New Jersey’s ITIN Holders Director Assistance Program was excludible from federal taxable income as a payment is made for the promotion of the general welfare or as a disaster relief payment….
New Jersey Piggy-Backs Federal S Corporation Elections
New Jersey Piggy-Backs Federal S Corporation Elections. On December 22, 2022, Governor Murphy signed P.L.2022, c.133 (A4295/S2876) that eliminates the requirement to affirmatively make a New Jersey S corporation election; ends the New Jersey COVID-related extension for State tax assessments and refund interest and adapts New Jersey Partnership Audit Rules…
New Jersey PTE/BAIT – Planning for 2022
New Jersey PTE/BAIT – Planning for 2022. Significant revisions to the elective New Jersey Pass-Through Business Alternative Income Tax (PTE/BAIT) are effective for tax years beginning in 2022. The PTE/BAIT, first effective for tax years beginning in 2020, is a work around for the federal $10,000 state and local…
Inflation Reduction Act of 2022 – Part 2
Inflation Reduction Act of 2022 – Part 2 The primary stated purposes of the recently-passed Inflation Reduction Act of 2022 is to reduce inflation and ward off an economic recession. The legislation spans 273 pages and dozens of subjects from tax policy to environmental regulations to extensions of the Affordable…
Inflation Reduction Act of 2022 Highlights
Inflation Reduction Act of 2022 Highlights This month, Congress passed and the President signed the Inflation Reduction Act of 2022, a bill which has the primary stated purpose of reducing inflation and warding off an economic recession. The legislation is lengthy and dense, spanning 273 pages of the congressional…
Zeroing Out of Profits by Closely Held Corporations
Shareholders of C corporations sometimes pay themselves bonuses in an amount that eliminates corporate profits, thereby eliminating the corporate tax that would result if paid on dividends (resulting in a “double tax”). However, several recent cases shed light on how paying supplemental shareholder compensation may backfire if not properly implemented….
IRS releases technical advice memorandum impacting significant participation activities under the passive loss rules
The IRS has released a Technical Advice Memorandum (TAM)[1] addressing the question of whether, for passive loss limitation purposes, an activity qualifies as a significant participation activity in a taxable year where the taxpayer previously satisfied the significant participation activity test for material participation with respect to that activity in…
IRS Issues New Form 7203 to Track and Report S Corporation Basis
The subchapter S rules apply basis limitations in various circumstances, including the ability of an S corporation shareholder to deduct S corporation losses. An S corporation shareholder has basis in his/her stock and if he/she is also a creditor of the corporation, he/she has basis in her debt. Basis is…
IRS proposes new “clawback” regulations
There is a computational quirk (that tax lawyers call “clawback”) in the manner in which the federal estate tax is calculated. What is “clawback” of estate tax? Because the estate tax and the gift tax are accumulated into a single “transfer” tax, a problem occurs when the lifetime exclusion from…
Payment of tax generated by partnership audits at the partnership level – adjusting partnership items
In the 2015 Bi-Partisan Budget Act (“2015 Act”), Congress enacted new centralized audit procedures for entities taxed as partnerships for Federal Income Tax purposes. Because these rules are fairly complex, both for taxpayers and the IRS, they did not become effective until tax years beginning in 2018. The default rule…