Marvin A Kirsner

Marvin A Kirsner

May 04, 2020 | Daily Business Review

Silver Lining of High Court's Internet Tax Decision Not So Bright For Fla. Businesses

When the U.S. Supreme Court in 2018 handed down its internet tax decision in South Dakota v. Wayfair, which held that a company does not need to have a physical presence in a state to be required to collect sales tax on sales to customers, a thunderstorm erupted within the e-commerce industry.

By Marvin A. Kirsner

7 minute read

July 08, 2019 | Daily Business Review

Fla. Legislature Reduces Sales Tax Rate on Commercial Leases, Passes on Taxing Internet Sales

The tax bill signed into law by Florida Gov. Ronald DeSantis includes a slight reduction on the sales tax rate for commercial leases, but the bill is more notable for what it did not include—a law that would have required online retailers and marketplace sellers to collect tax on sales to Florida residents, even if the seller does not have a physical presence in Florida.

By Marvin A. Kirsner

6 minute read

December 18, 2018 | Daily Business Review

Second Home in State Might Create Unforeseen Fla. Corporate Income Tax Obligations

Many company executives enjoy spending time in their second homes in Florida. However, if they visit their winter home for an extended period (or just spend an extended time at a resort or timeshare), this might trigger a Florida corporate income tax obligation.

By Marvin A. Kirsner

8 minute read

July 05, 2018 | Daily Business Review

High Court Internet Tax Decision Is a Sales Tax Tsunami for E-Commerce Industry

When the Supreme Court decided Quill v. North Dakota, 26 years ago, a sales tax case involving an office products catalog business, it created barely a ripple in the retail industry.

By Marvin A. Kirsner

1 minute read

May 24, 2018 | Daily Business Review

Taxes and the Rise of the Robots: Short-Term Impact Likely

The robotics industry received two favorable tax breaks in the recent Tax Cuts and Jobs Act (TCJA) that will likely help spur the development of this burgeoning technology.

By Marvin A. Kirsner

7 minute read

May 15, 2018 | National Law Journal

How New Tax Law Affects Tax Deductions for White-Collar Clients

White-collar defense attorneys and their clients should pay attention to the tax consequences of monetary awards in criminal and civil enforcement cases. This may potentially prevent a company discovering from its accounting firm that none of the payments is deductible due to the failure to allocate.

By Marvin A. Kirsner and Carolyn F. McNiven

5 minute read

March 07, 2018 | Daily Business Review

Think Twice Before Converting a Florida Business to a Corporation

The Tax Cuts and Jobs Act taken together have many business owners considering converting their business from a pass-through entity to a C corporation in order to take advantage of the 21-percent tax rate for corporations.

By Marvin A. Kirsner

5 minute read

February 15, 2018 | Daily Business Review

Technique to Maximize Pass-Through Income Tax Break Won't Work for Florida

The Tax Cuts and Jobs Act provides a tax break for businesses conducted by pass-through entities (partnerships, LLC's and subchapter S corporations) which will allow a deduction of 20 percent of the business income, so that the owners will pay tax on only 80 percent of the business income.

By Marvin A. Kirsner

4 minute read

January 23, 2018 | Corporate Counsel

Sexual Harassment Settlements With Nondisclosure Agreement No Longer Deductible

The new Tax Cuts and Jobs Act adds a provision to the tax code which disallows a deduction for amounts paid to settle a sexual harassment or abuse claim if that settlement includes a nondisclosure agreement. Section 162(q) to the Internal Revenue Code now disallows a deduction for any payment “related to sexual harassment or abuse if such settlement or payment is subject to a nondisclosure agreement.”

By  Marvin A. Kirsner

5 minute read

January 10, 2018 | Daily Business Review

Florida Sales Tax on Commercial Real Property Leases Reduced in January

Florida has given a slight benefit to those who lease commercial property beginning this year.

By Marvin A. Kirsner

4 minute read