Saturday, January 18, 2020

Major Challenge to Tax Regulations Arrives at Supreme Court

A case testing the boundaries of legal challenges to Treasury rules has reached the Supreme Court after it bitterly divided judges in an appeals court.

CIC Services LLC in August lost its fight at the U.S. Court of Appeals for the Sixth Circuit in a decision that drew strong dissents from multiple judges. If the high court decides to take the case, it would be taking on an issue with potentially sweeping implications—namely, whether the Anti-Injunction Act (AIA) blocks lawsuits challenging the legal validity of an IRS reporting requirement backed by a penalty.

Twitter: @tax
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Not to change the topic here:

TAX ALERT: Final QOZ Regulations: 8 Important Changes You Should Know | Obermayer Rebmann Maxwell

Under the proposed regulations, a Qualified Opportunity Fund (“QOF”) was permitted to reinvest proceeds from a sale of its qualified property only if the QOF sold all of its qualified property and reinvested the gain in other qualified property within 12 months of the sale. The final regulations allow a QOF to reinvest proceeds even if the QOF disposes of only part of its qualified property.

Property (including real property) used in a trade or business for more than one year is not a “capital asset,” but is instead “Section 1231 property.” If Section 1231 property is disposed of, a complicated netting process is used to determine the amount and character of the gain or loss for the year. Net Section 1231 gain is treated as capital gain, but net Section 1231 loss is deducted as ordinary loss. 

Publisher: JD Supra
Twitter: @jdsupra
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INSIGHT: Land Conservation Erodes From State Tax Credit Treasury Regulations

New IRS regulations on state and local taxes that govern land conservation donations remain problematic for landowners, land trusts, and legal experts. The regulations adversely affect conservation donors in many states and territories. Leslie Ratley-Beach of the Land Trust Alliance provides pointers for donors and their tax advisors on assessing the relative risks and options in addressing the new SALT regulations.

Twitter: @tax
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Florida State Legislature 2020 session preview | Business Observer | Business Observer

The Florida State Legislature kicked off its 60-day 2020 session Jan. 14. A slate of tax and regulatory bills with potential impact on the business community had been prefiled. Among them:

Business rental tax:  Florida lawmakers have chipped away at the state’s Business Rental Tax three straight years. Among likely 2020 legislative proposals is a half-percent BRT cut, which lowers the sales tax on commercial leases from 5.5 to 5% beginning Jan. 1, 2021. Such a 0.5% tax reduction would save Florida business owners an estimated $829 million over the next five years, state economists project.

Publisher: Business Observer
Date: 2020-01-17T06:00:00-05:00
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Many things are taking place:

Multinational Whipsaw • Crypto Noncompliance • Conservation Woes

This week we look at the whipsaw effect of tariffs and transfer pricing; cryptocurrency traders' noncompliance; the effect of the SALT deduction limit on land conservation; taxing the sharing economy; the China trade deal; AMT sequestration; and the benefit of opportunity zone reforms. We'll hear from:

Tariffs and year-end transfer pricing adjustments present a unique conundrum in the trade war era. Damon V. Pike and Mark W. Schuette of BDO analyze how tariffs upset carefully planned transfer-pricing arrangements and how to adjust those arrangements. Read: The Classic Whip-Saw Effect of Customs and Transfer Pricing

Twitter: @tax
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Jersey Gazettes Consolidated Text of Taxation Regulations 2016

The Jersey Official Gazette Jan. 6 published the consolidated text of the Taxation Regulations 2016, on the implementation of the Multilateral Competent Authority Agreement (MCAA) for the exchange of Country-by-Country (CbC) reports, as of Jan. 1. [Jersey, Government Legal Database, 01/06/20]

Reference:
View Consolidated Text of Taxation (Implementation) (International Tax Compliance) (Country by Country Reporting BEPS) Regulations 2016, Consolidated Version No. 17.850.37 . View Index .

Author: The Jersey Official Gazette Jan 6 published the consolidated text of the Taxation Regulations 2016 on the implementation of the Multilateral Competent Authority Agreement MCAA for the exchange of Country by Country CbC reports as of Jan 1 Jersey Government Legal Database 01 06 20
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California lawmakers trying again to lower pot taxes - Los Angeles Times

California lawmakers on Friday revived a proposal to temporarily cut taxes on marijuana to boost a legal market that one official said is "on the brink of collapse," drawing encouragement from Gov. Gavin Newsom as he seeks to overhaul state pot regulators.

The bill would cut the state excise tax on marijuana sales from 15% to 11% for three years while eliminating a cultivation tax for that period. Similar legislation has been shelved in the last two years, with Newsom saying he felt it was too soon after legalization to make changes to the law.

Publisher: Los Angeles Times
Date: 2020-01-17T21:58:38.526
Author: https www latimes com people patrick mcgreevy
Twitter: @latimes
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