Tax

  • New York Law Journal | Analysis

    Cross-Examining an Appraiser With a Prior Appraisal

    By Michael Rikon | March 4, 2019

    In his Condemnation and Tax Certiorari column, Michael Rikon writes: It can be shown that prior appraisals must be maintained by the appraiser. And once that appraiser has testified, any conditional immunity a prior report had disappeared. An appraiser can be substantially impeached by the prior appraisal.

  • Legaltech News | Commentary

    It's Time to File Taxes—and Protect Tax Information

    By Eric Hutchins, H2 Legal and Paul Tiao, Hunton Andrews Kurth | March 4, 2019

    Theft of W2s and other tax information has become an annual occurrence. Companies need to not only to prevent such breaches from occurring, but also to position themselves to act quickly to protect their employees.

  • Texas Lawyer | Commentary

    Proposed Anti-Clawback Regulations Provide Comfort to Taxpayers

    By Nolan A. Moullé | February 28, 2019

    It has been just over a year since Public Law 115-97, more informally known as the “Tax Cuts and Jobs Act” (“TCJA”), was enacted. With it came…

  • New York Law Journal | Analysis

    Anything But Simple Interest: Proposed Regulations Under §163(j)

    By Ezra Dyckman and Charles S. Nelson | February 26, 2019

    In their Taxation column, Ezra Dyckman and Charles Nelson discuss the proposed Treasury Department regulations implementing Section 163(j) of the Internal Revenue Code which was amended to place a limit on business interest deductions.

  • The Legal Intelligencer | Commentary

    Brewing Business in Pa.: Clarification of Tax Law May Affect Industry

    By Alexandra “Sasha” Sacavage | February 22, 2019

    The Pennsylvania Department of Revenue recently announced that Pennsylvania breweries are to begin collecting 6 percent sales tax on direct to consumer beer sales. This is a significant departure from the department's prior determination that breweries were exempt from collecting and remitting sales tax from direct-to-consumer sales.

  • New York Law Journal | Analysis

    Feds Challenge NY SALT Limit Workaround

    By Conrad Teitell | February 22, 2019

    In his Estate Planning and Philanthropy column, Conrad Teitell writes: Be careful out there. Commentators believe the lawsuit to invalidate the SALT limitation will be unsuccessful. The IRS will deny claimed charitable deductions for what are, in effect, required tax payments—and impose interest and penalties.

  • New Jersey Law Journal | Analysis

    Get Ready for Stormwater Utilities

    By Lewis Goldshore | February 21, 2019

    Legislature takes final action to improve the quality of the state's waterways.

  • Daily Report Online | News

    High Court Pulls Plug on Counties' Call for $100M in 911 Charges

    By Katheryn Tucker | February 20, 2019

    “Concluding that the 911 charge is a tax as a matter of law, and the Counties' lawsuits thus are precluded, we reverse the Court of Appeals," Justice Nels Peterson wrote for a unanimous Georgia Supreme Court.

  • New York Law Journal | Analysis

    Value of Franchise Rights Under BIG Tax: 'H R B-Delaware v. Commissioner'

    By Elliot Pisem and David E. Kahen | February 20, 2019

    In their Taxation column, Elliot Pisem and David E. Kahen discuss a recent order of the Tax Court addressing a motion for partial summary judgment in 'H R B-Delaware v. Commissioner'. The analysis in the decision underscores steps that are important to the evaluation of built-in gains (BIG) tax exposure, and may also inform analysis in non-BIG tax contexts regarding the existence of goodwill or going concern value.

  • New York Law Journal | Analysis

    The QBI Deduction for Real Estate Activities

    By Sidney Kess | February 19, 2019

    In his Tax Tips column, Sidney Kess writes: Owners of pass-through entities may be able to take a 20 percent deduction for their qualified business income. This personal deduction lowers the effective tax rate on profits from business activities. The question that many tax professionals have been asking since the QBI deduction was created by the Tax Cuts and Jobs Act of 2017 is whether this write-off applies to real estate activities. The IRS has helped to answer this question with respect to certain rental properties.

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