IRS Announcement Casts a Cloud of Uncertainty on the Tax Treatment of Intentionally Defective Grantor Trusts... [ read ]
Intentionally Defective Grantor Trusts, or IDGTs, are popular estate planning tools. For estate tax purposes, the value of the assets transferred to the IDGT are treated as removed from the taxpayer's gross estate. But for income tax purposes, the taxpayer is still treated as the owner of the transferred assets and must pay taxes on the income derived therefrom. This differing treatment begs the question: are assets held in an IDGT subject to adjustment under Section 1014 (marking the bases in those assets up to fair market value) when the taxpayer passes away, despite the non-inclusion of those assets in the taxpayer's gross estate?
Three Questions... [ read ]
Does your Will benefit charity? Is your estate small enough to avoid an estate tax? Do you trust your family? If you answer yes to these questions, you may want to revise your Will and estate plan to enhance the income tax benefits of your charitable bequest.
Recent Decisions Highlight the Importance of Proper Planning with Self-Directed IRAs... [ read ]
Using a self-directed IRA to operate a business or acquire real estate requires meticulous planning and careful execution. The failure to abide by these rules can cause ruinous results, as demonstrated by two recent decisions.
IRS Hints at a Permanent Safe Harbor for Missed Portability Elections... [ read ]
Earlier this week the IRS issued final rules on portability. Portability allows the surviving spouse to essentially inherit the portion of the decedent's estate-tax exclusion amounts (currently $5,430,000) that went unused.
IRS Clarifies the Year in Which a Theft Loss is Sustained... [ read ]
IRS Chief Counsel Advice 201511018 provides helpful clarification regarding the tax year in which a taxpayer is eligible to deduct a theft loss incurred in connection with a Ponzi scheme. Before addressing the new ground covered by CCA 201511018, however, this blog post briefly summarizes the prior guidance regarding the timing of deductibility of Ponzi theft losses.
IRS and DOJ representatives made presentations at the NYU's Tax Controversy Forum in New York... [ read ]
On June 5th, a number of IRS and DOJ representatives made presentations at the NYU's Tax Controversy Forum in New York. The following were of interest.
Oklahoma Announces Limited Time Tax Amnesty Program... [ read ]
Oklahoma has passed legislation authorizing and directing the OK Tax Commission to establish a "voluntary compliance initiative" to give shelter and relief to delinquent taxpayers.
How To Identify, Prepare For And Succeed In An IRS Eggshell Examination... [ read ]
Any IRS exam can be nerve-wracking experience for a tax advisor. If there is a large mistake or pattern of mistakes, an ordinary exam may become an eggshell exam requiring much thought and skill to come through the exam unscathed. This article will address the IRS exam areas that lead to IRS eggshell exams, the IRS tactics and, finally, steps a tax advisor can take to minimize the negative consequences.
Bureau of Economic Analysis Form BE-10 Benchmark Survey of U.S. Direct Investment Abroad...
Yesterday, the Bureau of Economic Analysis announced that it was extending the due date for new filers of the Form BE-10 Benchmark Survey of U.S. Direct Investment Abroad, a filing that may apply to U.S. persons that own, directly and/or indirectly, 10 percent or more of the voting securities of an incorporated foreign business enterprise, or an equivalent interest in an unincorporated foreign business enterprise. BE-10 reporting obligations are imposed under the International Investment and Trade in Services Survey Act and are separate from, and in addition to, any international tax reporting or other obligations. The extended due date is June 30, 2015. To learn more about the BE-10 filing, as well as the associated penalties for failure to comply, click here to go to my LinkedIn page.
Four Things You Should Know About Employer Provisions of the Affordable Care Act Penalties... [ read ]
The Affordable Care Act includes an employer mandate and penalties for employers that do not satisfy the mandate. While the employer mandate may not come as a surprise, the following four aspects of the Affordable Care Act are not commonly known and could be pitfalls for the unprepared employer.
