This week we look at the following items:

  • Tax Court allows a taxpayer to try and prove reasonable reliance on indirect legal advice

  • Updated safe harbor explanations for plan distributions issued by IRS

  • IRS delays major revision to Form W-4 to 2020

  • Relief announced for victims of Hurricane Florence

Copyright 2018, Kaplan, Inc.

Direct download: 2018-09-24_Is_This_Reasonable.mp3
Category:general -- posted at: 9:58pm EDT

This week we look at the following items:

  • South Dakota enacts remote seller law to implement Wayfair decision beginning November 30

  • Colorado tests the limits of Justice Kennedy’s holdings in Wayfair

  • Even though records were imperfect, Tax Court finds the taxpayer was a real estate professional

  • Opportunity Zone regulations at OMB, expected out around the end of the month

  • IRS rules math error procedures can be used even after refunds are issued

Copyright 2018, Kaplan, Inc.

Direct download: 2018-09-17_Are_349_Filings_Unconstitutional.mp3
Category:general -- posted at: 5:23pm EDT

This week we look at the following items:

  • South Dakota to hold a special session so the state can begin to take advantage of their victory in the Wayfair case
  • Taxpayer who withdrew IRA funds based on a notice of intent to levy cannot escape 10% additional tax
  • IRS clarifies the application of the proposed SALT regulations leading to a bevy of questions
  • IRS memorandum concludes seismic fees for offshore drilling must be amortized and cannot be treated as intangible drilling costs
  • President issues an Executive Order for DOL and Treasury to consider certain changes to retirement plans
  • Tax Court disagrees with the IRS’s view on how §1291(c) gains interact with six year statute

Copyright 2018, Kaplan, Inc.

Direct download: 2018-09-10_SALT_Clarification_-_Well_Not_Really.mp3
Category:general -- posted at: 8:48pm EDT

This week we look at the following items:

  • Taxpayers creating multiple entities to try and avoid double taxation of C corporation income find their plan fails
  • IRS issues SALT workaround regulations and affect both new and pre-existing state tax credit programs
  • Modifications made to automatic accounting method revenue procedure to deal with S corporation revocations under special TCJA rule
  • Guidance provided on applying the rules to compute UBTI separately for each trade or business

Copyright 2018, Kaplan, Inc.

Direct download: 2018-08-28_State_Tax_Credits_Take_a_Hit.mp3
Category:general -- posted at: 4:37pm EDT

This week we look at the following items:

  • Taxpayers creating multiple entities to try and avoid double taxation of C corporation income find their plan fails
  • IRS issues SALT workaround regulations and affect both new and pre-existing state tax credit programs
  • Modifications made to automatic accounting method revenue procedure to deal with S corporation revocations under special TCJA rule
  • Guidance provided on applying the rules to compute UBTI separately for each trade or business

Copyright 2018, Kaplan, Inc.

Direct download: 2018-08-28_State_Tax_Credits_Take_a_Hit.mp3
Category:general -- posted at: 4:37pm EDT

This week we look at the following items:

  • Oregon Supreme Court rules no physical presence required to be subject to corporate income tax
  • Idaho sends out notices to retailers that it’s moving forward with affiliate rule for collecting sales tax
  • IRS prevails over AICPA on question of issuing credential for unenrolled tax preparers
  • AICPA sends comments to the IRS and Treasury on S corporation and Section 461(l) issues following TCJA

Copyright 2018, Kaplan, Inc.

Direct download: 2018-08-20_IRS_Stays_Quiet_States_Keep_Going.mp3
Category:general -- posted at: 4:42pm EDT

This week we look at the following items:

  • Proposed regulations for 965 are issued, others on state and local tax workarounds submitted to OMB
  • Majority of states that impose a sales tax now have published post-Wayfair remote seller collection requirements and start dates
  • Proposed regulations on which taxpayers may rely issued on bonus depreciation
  • Automatic accounting method change guidance issued for TCJA small business accounting methods
  • 529 plan revised guidance to deal with TCJA and other recent changes
  • Guidance issued on additional contributions allowed to ABLE accounts by TCJA changes

Copyright 2018, Kaplan, Inc.

Direct download: 2018-08-06_TCJA_Guidance_Appears.mp3
Category:general -- posted at: 10:50pm EDT

This week we look at the following items:

  • First 199A regulations are sent to OMB for review
  • Minnesota tests whether lower limits than South Dakota will work under Wayfair
  • Utah enacts South Dakota limits for remote sellers
  • Another US District Court agrees that the IRS’s own regulations limit the FBAR willfulness penalty amount
  • Taxpayer stuck with transferee liability after entering into transaction to sell corporation

Copyright 2018, Kaplan, Inc.

Direct download: 2018-07-30_A_199A_Glimmer_of_Hope.mp3
Category:general -- posted at: 8:47pm EDT

This week we look at the following items:

  • Two state supreme courts restrict their states’ ability to tax trusts
  • IRS issued PMTA on willfulness for FBAR penalty
  • Forfeitures now can be used to fund QMACs and QNECs
  • IRS discusses the impact on taxable wages of a payroll tax examination
  • Many exempt organizations will no longer have to file Schedule B with Form 990
  • Proposed regulations issued on due diligence expansion to head of household status added by TCJA

Copyright 2018 Kaplan Professional Education

Direct download: 2018-07-23_Taxing_Trusts_Roadblocks.mp3
Category:general -- posted at: 10:16am EDT

This week's update includes discussions of the following topics:

  • More Wayfair fallout
    • North Dakota out of state seller collections required beginning October 1
    • South Carolina to use South Dakota minimums for out of state sellers
    • Wisconsin will use the South Dakota minimums for the October 1 out of state seller start
  • IRS updates security guidance for tax professionals
  • Trusts and Estates will get to deduct trustee fees and other Section 67(e) expenses following TCJA
  • IRS sticks to its position on prepaid real estate taxes when questioned by NJ Attorney General
  • IRS employee indicates the agency accepts that the back door Roth contribution is legal

Copyright 2018, Kaplan, Inc.

Direct download: 2018-07-16_OK_to_Use_the_Back_Door.mp3
Category:general -- posted at: 1:34pm EDT

This week's update includes discussions of the following topics:

  • More Wayfair fallout
    • North Dakota out of state seller collections required beginning October 1
    • South Carolina to use South Dakota minimums for out of state sellers
    • Wisconsin will use the South Dakota minimums for the October 1 out of state seller start
  • IRS updates security guidance for tax professionals
  • Trusts and Estates will get to deduct trustee fees and other Section 67(e) expenses following TCJA
  • IRS sticks to its position on prepaid real estate taxes when questioned by NJ Attorney General
  • IRS employee indicates the agency accepts that the back door Roth contribution is legal

Copyright 2018, Kaplan, Inc.

Direct download: 2018-07-16_OK_to_Use_the_Back_Door.mp3
Category:general -- posted at: 1:34pm EDT

This week we look at the following items:

  • States take various actions regarding forcing out of state sellers to collect tax
    • Louisiana looks to adopt its law to fit within Justice Kennedy’s outline of acceptable protections for interstate commerce
    • Alabama, though not a member of SSUTA, will begin requiring collection on October 1
    • Wisconsin, an SSUTA member but without a de minimis limit, will also want collections on October 1
    • New Jersey adopts a law that duplicates South Dakota and adds marketplace provisions
  • IRS LB&I Division announces five new compliance campaigns
  • IRS agent wonders if a preparer penalty could be assessed directly against an equity holder who did not otherwise violate Section 6694

Copyright 2018, Kaplan, Inc.

Direct download: 2018-07-09_The_States_Strike_Back.mp3
Category:general -- posted at: 8:10pm EDT

This week we look at the following items:

  • States take various actions regarding forcing out of state sellers to collect tax
    • Louisiana looks to adopt its law to fit within Justice Kennedy’s outline of acceptable protections for interstate commerce
    • Alabama, though not a member of SSUTA, will begin requiring collection on October 1
    • Wisconsin, an SSUTA member but without a de minimis limit, will also want collections on October 1
    • New Jersey adopts a law that duplicates South Dakota and adds marketplace provisions
  • IRS LB&I Division announces five new compliance campaigns
  • IRS agent wonders if a preparer penalty could be assessed directly against an equity holder who did not otherwise violate Section 6694

Copyright 2018, Kaplan, Inc.

Direct download: 2018-07-09_The_States_Strike_Back.mp3
Category:general -- posted at: 8:10pm EDT

This week we look at the following items:

  • IRS releases a new “postcard” dratt for Form 1040 along with 6 schedules
  • CPA who advised on ESOP and prepared 5500s was still found to be an independent appraiser on third time to court
  • IRS publishes the list of qualified opportunity zones under TCJA’s Section 1400Z-1
  • A amendment of a return with fraudulent positions does not reduce the fraud penalty
  • Taxpayer discovers IRS had not agreed to waive all penalties when taxpayer agreed to exam changes

Copyright 2018 Kaplan Inc.

Direct download: 2018-07-02_Postcard_Week.mp3
Category:general -- posted at: 11:11pm EDT

Copyright 2018 Kaplan Professional Education

Direct download: 2018-06-18_Do_Not_Rely_on_the_IRS.mp3
Category:general -- posted at: 12:00pm EDT

Copyright 2018 Kaplan Professional Education

Direct download: 2018-06-25_So_Long_Quill.mp3
Category:general -- posted at: 12:00pm EDT

This week we look at the following items:

  • Updated timeline for some TCJA guidance
  • Court accepted father’s testimony for where son lived during tax year
  • Dad denied deduction for payments related to revenue collected for son who lacked a general contractor’s license
  • The IRS grants some relief for §965 transition tax payments
  • Memo deals with confusion that arose due to special meaning certain words have in a tax context

Copyright 2018 Kaplan Professional Education

Direct download: 2018-06-11_The_Problem_with_Claiming_an_Adjustment.mp3
Category:general -- posted at: 1:08pm EDT

This week we look at the following items:

  • FBAR penalty limited to lower amount in old regulation
  • Taxpayer had not started a business yet, so no current deduction allowed for expenses incurred
  • IRS to issue regulations on SALT/charity workarounds, raises substance over form issue
  • DC Circuit agrees with Ninth Circuit that partnerships with disregarded entity partners are subject to TEFRA (and presumably subject to CPAR) audits

Copyright 2018 Kaplan Inc.

Direct download: 2018-05-29_SALT_Battles_Begin.mp3
Category:general -- posted at: 8:24am EDT

This week we look at the following items:

  • Update on TCJA guidance from the ABA Tax Section Meeting
  • Tax due on tuition waiver received as part of severance package when used by daughter 22 years later
  • Connecticut becomes the next state to adopt SALT workarounds
  • IRS updates revenue procedure for use of information on status of charity
  • Taxpayer reliance on advice from one adviser could not be in good faith and received no advice from other

Copyright 2018 Kaplan Inc.

Direct download: 2018-05-21_Time_Doesn27t_Solve_All_Tax_Problems.mp3
Category:general -- posted at: 11:50am EDT

This week we look at the following items:

  • Taxpayer had to include son’s savings account in determination of solvency
  • 2019 HRA amounts announced by the IRS
  • IRS changes Section 382 recognized built-in gain/loss safe harbors due to changes made by TCJA
  • Revenue procedure issued to deal with requests to change accounting methods due to ASC 606 adoption for financial statements
  • General automatic method change revenue procedure annual update published by IRS
  • Taxpayer found to have no asset to sell and, due to that, income was ordinary and not capital in nature

Copyright 2018 Kaplan Inc.

Direct download: 2018-05-14_Change_in_the_Air.mp3
Category:general -- posted at: 2:23pm EDT

Copyright 2018 Kaplan Inc.

Direct download: 2018-05-07_Unreasonable_Reliance.mp3
Category:general -- posted at: 12:49pm EDT

This week we look at the following items:

  • Colorado reports disappointing results from tattletale use tax law
  • Oklahoma enacts a second tattletale use tax law
  • IRS grants relief for last minute change in HSA maximum contribution amount for 2018
  • Volunteers who divided amounts in tip jar at end of shift received tips subject to FICA
  • Taxpayer who failed to check and find return was never accepted held liable for late filing penalty

Copyright 2018 Kaplan Inc.

Direct download: 2018-04-30_What_if_No_One_Tattles.mp3
Category:general -- posted at: 1:39pm EDT

This week we look at the following items:

  • IRS computer system failure ends up adding one extra day to tax season
  • The Supreme Court heard oral arguments in the Wayfair case
  • IRS gives details on blended rates to be used by fiscal year C corporations
  • IRS issues the rates for valuing employer owned aircraft trips for the first half of 2018
  • The IRS clarifies how the repeal of the special alimony trust provision in TCJA will work
  • The AICPA asks the IRS to reconsider its position on refunds of overpayments for those with remaining 965 transition tax installments

Copyright 2018 Kaplan Inc.

Direct download: 2018-04-23_Groundhog_Day_the_Tax_Pros_Version.mp3
Category:general -- posted at: 4:00pm EDT

This week we look at the following developments:

  • Supreme Court will shortly hear oral arguments in Wayfair case
  • A number of states increase pressure on out of state sellers
    • Idaho requires collection at $10,000 of sale from any seller that the Supreme Court doesn’t tell us lacks nexus in Wayfair
    • Georgia adds a $200,000/200 transaction tattletale statute
    • Oklahoma puts a $10,000 tattletale statute in place that also impacts referrers
  • New York passes two TJCA SALT limitation workaround statutes - but do they work?
  • IRS issues guidance on three TCJA topics on Monday, including 43 pages on Section 965 transition tax

Copyright 2018, Kaplan, Inc.

Direct download: 2018-04-09_Focus_on_States.mp3
Category:general -- posted at: 7:38am EDT

This week we look at the following items:

  • Accountant by day, goaltender by night in Chicago
  • IRS publishes statistics on exams, collections, phone wait times and more
  • IRS reminds and warns taxpayers about virtual currency issues
  • IRS recommends taxpayers have a payroll checkup

Copyright 2018 Kaplan Inc.

Direct download: 2018-04-02_Tending_Goal_and_Mining_Currency.mp3
Category:general -- posted at: 4:39pm EDT

Current Federal Tax Developments for the week of March 12, 2018 - A Tale of Two Landlords.  Current Federal Tax Developments is brought to you by the state CPA societies and Kaplan Professional Education.

This week we look at the following items:

  • Revised inflation adjusted numbers released for TCJA changes
  • Male sterilization/contraception no-cost benefit not allowed in HDHP policies regardless of state law
  • Roth IRA found not to actually own a foreign sales corporation
  • Taxpayers’ reconstructed records and recollections not enough to prove real estate professional status
  • Architect able to convince court he was a real estate professional with a single four-plex

Copyright 2018, Kaplan, Inc.

Direct download: 2018-03-12_A_Tale_of_Two_Landlords.mp3
Category:general -- posted at: 7:04am EDT

This week we look at the following items:

  • Storage battery for solar system can qualify for credit - but with key conditions
  • Two courts disagree on whether a gravel sale is or is not exempt from tax based on two treaties
  • IRS issues promised guidance to attempt to block S corporation carried interest structure
  • Revised online Form W-4 calculator and Form W-4 issued to deal with TCJA changes

Copyright 2017 Kaplan Inc.

Direct download: 2018-03-05_A_Bit_of_Disagreement.mp3
Category:general -- posted at: 11:37am EDT

This week we look at the following items:

  • IRS begins to process some returns with retroactively restored provisions for 2017
  • IRS reminds taxpayers that a “home equity” debt can still be acquisition debt and deductible on 2018 return
  • AICPA sends Treasury a letter outlining areas of §199A guidance that are needed
  • Taxpayer ends up failing to do a tax-free division of IRA funds in a divorce
  • The IRS fails in its attempt to have a gain on the sale of land taxed as ordinary income

Copyright 2018, Kaplan, Inc.

 

Direct download: 2018-02-26_How_Not_to_Divide_an_IRA.mp3
Category:general -- posted at: 9:52am EDT

This week we look at the following items:

  • IRS to recompute 2018 inflation adjustment items
  • Priority of guidance discussed by IRS and Treasury
  • JCT counsel discussses impact of TCJA provisions on meals and entertainment and working condition fringe benefits
  • New Form 1024-A to be used by §501(c)(4) organizations seeking determination letter
  • Leaving return under doormat for ex-spouse to sign and mail not reasonable cause for late filing

Copyright 2018, Kaplan Professional Education, Inc.

Direct download: 2018-01-29_Government_Gets_Talkative.mp3
Category:general -- posted at: 7:06am EDT

This week we look at the current developments on the tax reform front, including the two amendment sets adopted by the Ways and Means Committee and the Joint Committee's explanation of the bill the Senate Finance Committee will hold hearings on beginning Monday.

Copyright 2017 Kaplan Inc.

Direct download: 2017-11-13_Tax_Reform_Continues.mp3
Category:general -- posted at: 3:09pm EDT

Current Federal Tax Developments is brought to you by the Loscalzo Institute and your state society of CPAs. This week we look at HR1, Tax Cuts and Jobs Act.

A PDF with a description of the provisions can be downloaded below:

2017-11-06 Current Federal Tax Developments

Copyright 2017 Loscalzo Institute, a Kaplan Company.

 

Direct download: 2017-11-06_Current_Federal_Tax_Developments_-_Tax_Reform_Starts.mp3
Category:general -- posted at: 7:44am EDT

Current Federal Tax Developments is brought to you by the Loscalzo Institute, a Kaplan Company and by your state society of CPAs.

This week we look at the following developments:

  • House adopts Senate budget resolution beginning tax reform process
  • A taxpayer’s amount of claimed theft loss found excessive by Tax Court
  • An expert’s testimony did not substitute for records of cost of goods sold
  • IRS summons to state agency found to be proper
  • IRS memo discusses indirect loan issues for church 403(b) plan

Copyright 2017 Kaplan Inc.

Direct download: 2017-10-30_Kick_Off_for_Tax_Reform.mp3
Category:general -- posted at: 1:30pm EDT

Current Federal Tax Developments for the week of October 23, 2017 - Indexing Time of the Year. Current Federal Tax Developments is brought to you by the state CPA societies and the Loscalzo Institute, a Kaplan Company.

This week we look at the following developments:

  • IRS releases inflation adjusted tax factors for 2018
  • LB&I Division issues guidance on unit of property and major component issues for the mining industry
  • IRS announced retirement plan numbers for 2018
  • IRS announces nonacquiesence in S corporation/real estate professional decision
  • Anti-Kerr regulations officially withdrawn by the IRS
  • 2017 Returns without health care information will not be accepted for efiling
  • A court decision that appears to arrive at approximately the right place, but for all the wrong reasons

Copyright 2017 Kaplan Inc.

Direct download: 2017-10-23_Indexing_Time_of_the_Year.mp3
Category:general -- posted at: 1:32pm EDT

This week we look at the following developments:

  • Filing date relief issued by IRS for victims of Northern California wildfires
  • Challenge to minister’s housing allowance exclusion returns to court
  • Tax Court will assert strict subordination requirement for mortgages on conservation easements outside First Circuit
  • Signature no longer required for §754 election
  • Retroactive loss of tax-exempt status going back a decade proves very costly in terms of interest on unpaid tax
  • IRS email discusses potential impact on due date disaster relief and date for assessment of tax

PDF with articles for this week's podcast.

Copyright 2017 Kaplan Inc.

Direct download: 2017-10-16_Housing_Allowance_Returns_to_Court.mp3
Category:general -- posted at: 3:45pm EDT

Loscalzo Institute/A Kaplan Corporation Current Federal Tax Developments Weekly Update Podcast with Ed Zollars, CPA

This week we look at the framework for comprehensive tax reform that was issued by the “Big 6” and is scheduled to be taken up by Congress.  We discuss the proposal’s framework for changes in:
 
  • Standard deduction and personal exemptions
  • Individual tax brackets
  • Alternative minimum tax repeal
  • Itemized deductions
  • Work, education and retirement issues
  • Estate and GST Tax repeal
  • Business tax rates
  • Expensing of capital improvements
  • Interest expense
  • Other business deductions and credits
  • Offshore corporate earnings
  • Where does this go from here?

Copyright 2017 Kaplan Inc.

Direct download: 2017-10-02_Framing_Tax_Reform.mp3
Category:general -- posted at: 12:41pm EDT

Nichols Patrick CPE  New "Repair Regs" Sec. 263(a)

Direct download: Repair_Regulations_Promotion.mp3
Category:general -- posted at: 11:19am EDT

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