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Tax Law Roundup

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New Basis Reporting Requirements for Executors and Beneficiaries
Practice: Charitable Planning, Estate Planning & Administration, Private Client & Trust, Tax, Trust Administration & Investment Services
BlogRecent federal legislation adds fresh compliance burdens to an old concept in federal tax law: the step-up in tax basis of appreciated property at death.  New reporting requirements will apply to estates required to file a federal estate tax return after July 31, 2015 and are effective beginning June 30, 2016. Executors and beneficiaries who do...

IRS Releases FY 2017 Green Book Revenue Proposals
Practice: Real Estate, Tax
BlogIt’s that time of year when the President releases his annual wish list of tax revenue proposals, also known as the “Green Book”.  The 2017 Green Book includes many familiar items such as taxing Carried Interests as ordinary income, capping certain itemized deductions by individuals at a 28% tax rate benefit, and broad-based international tax reform. ...

Temporary Regulations Address Allocation of Creditable Foreign Tax Expense
Practice: Real Estate, Tax
BlogThe IRS published temporary and proposed regulations on allocations of creditable foreign tax expenditures (CFTEs).  The regulations make various technical changes to the existing regulatory safe harbor for allocating CFTEs.  The regulations are effective on February 4, 2016. The existing regulations provide special rules for foreign tax expense allocations when those expenses are eligible for...

IRS Concludes Upper-Tier Disregarded Entity is Continuation of Historical Partnership
Practice: Real Estate, Tax
BlogThe IRS favorably ruled that an internal partnership restructuring was essentially a “nothing” for tax purposes even though the transaction moved the tax-regarded partnership to a different state-law entity.  Specifically, in PLR 201605004, the IRS privately ruled that an upper-tier disregarded entity succeeded to the partnership status of a lower-tier tax partnership when the second...

Senate Passes Extenders Legislation – Moves to President for Signature
Practice: Tax
BlogToday the Senate voted 65-33 to pass the Extenders bill (H.R. 2029) and it moves to the President where it is expected to be signed.  As discussed in more detail in yesterday’s blog, the legislation makes permanent or creates an extended life for many take breaks that have been annually renewed, or “extended” for many years.  From...

House Passes Massive Extenders Package – Moves to Senate
Practice: Real Estate, Tax
BlogToday the House passed the much talked about “Extenders” legislation and it now moves to the Senate with momentum.  The bill makes many of the annual extenders permanent (or for a period of multiple years) and covers a wide range of topics.  Below is a list of some of the provisions affecting the real estate industry,...

Tax Incentives for Post-Holiday Facelifts
Practice: Real Estate, Tax
BlogThis week is a big week for the retail industry: its results can predict the overall success of an important shopping period. If stores perform well, this week can contribute significantly toward a successful quarterly earnings report. Given the potential of these few shopping days, retailers are understandably focused on what happens from the time...

IRS Issues More Anti-Inversion Rules
Practice: Real Estate, Tax
BlogFollowing on its prior Notice 2014-52 anti-inversion guidance, the IRS has issued new Notice 2015-79 to further limit (i) inversion transactions that are contrary to the purposes of the Section 7874 anti-inversion rules and (ii) the benefits of post-inversion tax avoidance transactions.  The Notice also describes corrections and clarifications to the prior Notice 2014-52.  According...

Congress Passes Partnership Audit Reform – Obama Expected to Sign
Practice: Real Estate, Tax
BlogThis morning the Senate passed H.R. 1314 (The Bipartisan Budget Act of 2015), which will completely change the way partnerships (and LLCs taxed as partnerships) are audited.  The House passed the legislation on Wednesday and it is reported that President Obama will sign the legislation as soon as it reaches his desk.  As discussed in...

Partnership Audit Reform Marches Forward
Practice: Real Estate, Tax
BlogAs part of the current Bipartisan Budget Act of 2015, sweeping changes to the partnership audit rules could be imminent.  The new rules would greatly simplify the IRS procedures for auditing partnerships and likely increase the audit rate of partnerships.  The new rules would replace the current “TEFRA” and “Electing Large Partnership” rules with a...
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