The Tax Exchange - August 2016
The physical presence nexus standard adopted through Quill v. North Dakota has come under fire from the states and through U.S. Supreme Court dicta questioning the relevance of the standard in today’s e-commerce centric economy.
The IRS recently provided guidance regarding the treatment of deferred revenue in a reverse merger transaction. In this transaction, the seller, a loss corporation, had deferred revenue obligations related to items of prepaid income.
The new Jan. 31, 2017, deadline for filing W-2s, W-3s and 1099-MISC (Box 7) reports with the Social Security Administration or the IRS may catch many companies unprepared this year.
When an S corporation makes a qualified subchapter S subsidiary (QSub) election with respect to a subsidiary, the subsidiary is deemed to liquidate into the parent S corporation as of the effective date of the election.
Generally, employers and self-employed individuals with IRS preapproved 401(k) or other tax-qualified defined contribution retirement plans were required to sign new plan documents no later than April 30, 2016. These updated documents incorporate changes required by the Pension Protection Act.
The IRS has issued final regulations requiring annual country-by-country reporting (CbCR) by U.S. taxpayers that are the ultimate parent of a multinational enterprise (MNE) group. The final regulations affect U.S. parent companies of an MNE with $850 million or more in global group revenues for the preceding year.
In a spin-off, a corporation distributes stock of a subsidiary to its shareholders. To qualify for tax-free treatment, the distributing and distributed corporations each must conduct an active trade or business (ATB) and the spin-off must not be a device for the distribution of earnings (a device).
On July 13, 2016, Sen. Chuck Grassley, R-Iowa, and Sen. Maria Cantwell, D-Wash., announced the introduction of S. 3188, the “Biodiesel Tax Incentive Reform and Extension Act of 2016.”
The immediate impact of Brexit was clear on the financial markets as many world indexes posted double digit losses in the wake of the historic vote. As market jitters have calmed many are now focusing on the long-term consequences. For U.S. multinationals with operations in the U.K., the long-term impact of Brexit may be dramatic but for now it appears that it will be business as usual.