Sunday, February 7, 2021

IRS Regulations on Executive Compensation Excise Tax

The Final Regulations became effective January 15, 2021, but they will apply only for tax years that start after December 31, 2021. Until then:

Taxpayers may rely on the interim guidance under Notice 2019-09 or the Proposed Regulations, or the Final Regulations, but only if they apply the rules in their entirety; and

The IRS will continue to allow a reasonable, good faith interpretation of the statute, if interpretation takes into account the legislative history. The Notice and the Proposed Regulations include a list of positions that the IRS considers to be an unreasonable (not good faith) interpretation of the statute.

Publisher: The National Law Review
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This may worth something:

Florida, Missouri Consider Remote Sales Tax Bills | Tax Foundation

Since 2018's landmark South Dakota v. Wayfair Supreme Court case, most states have jumped at the chance to use their newfound authority to tax a greater share of online sales. Some states designed their systems better than others, and many still include relics of previous regulations dealing with physical presence, but nearly every state was quick to take advantage of the broader nexus standards permitted by the Wayfair decision—all but two.

States' enthusiasm is warranted, considering that online shopping made up a little over a fifth of all retail sales in 2020. This big increase from 2019's 15.8 percent was driven in part by the pandemic and its accompanying shutdowns, both because a larger share of tangible goods was purchased online and because more consumption was shifted to physical purchases, with many services and experiences less readily available during the pandemic.

Publisher: Tax Foundation
Date: 2021-02-05T12:51:10-05:00
Twitter: @taxfoundation
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Section 1061 Final Regs on the Taxation of Carried Interest

On January 7, 2021, the Internal Revenue Service (the "IRS") and the U.S. Department of the Treasury (the "Treasury") issued final regulations [1] (the "Final Regulations") providing guidance on Section 1061 of the Internal Revenue Code (the "Code"). [2] The Final Regulations modify the proposed regulations [3] (the "Proposed Regulations") that were released in July of 2020.

In general, Section 1061 requires a three-year holding period for an investment fund manager's share of capital gains earned through a fund to be eligible for the lower tax rates applicable to long-term capital gain. [4] This is a departure from the one-year holding period that is typically required for long-term capital gain treatment.

Publisher: The National Law Review
Date: 5493B547C0AB527FF4CF8C4D0127302A
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Kathleen Gallagher: Congress, Fed to blame for GameStop, Koss wild ride

This is about the majority of Americans who are losing while Wall Street has its way with our economy and our future. And it's about Congress encouraging financial inequality.

"The Fed's tools have much more impact on the financial economy," said Willie Delwiche, investment strategist at All Star Charts, an investment research service. "But it's Congress that can impact the real economy."

Congress' ability to do that starts with taxes. A fundamental tax principle says you get less of what you tax and more of what you subsidize. We tax cigarettes to encourage less of them and subsidize agriculture to encourage food production.

Publisher: Milwaukee Journal Sentinel
Author: Kathleeen Gallagher
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Preserving taxpayers' rights in China | International Tax Review

If you ask a tax director what keeps them awake at night, uncertainty arising from the unprecedented changes in global tax regimes may well be the most popular answer.

As the second largest economy globally, China has been striving to improve its tax regime by including a higher level of protection of taxpayers' rights—the journey is, however, long and winding.

The highly centralised tax administration system in China comprises succinct laws and regulations, which inevitably lead to dispersive and divergent interpretation by the local tax authorities, especially if the matter is abstruse and complicated.

Publisher: International Tax Review
Twitter: @intltaxreview
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Beating Biden's Day One Freeze Sparks Stampede to Lock in Rules (1)

The rush to get last-minute regulations out before President-elect Joe Biden halts any rules not in place before his inauguration exacerbates a logjam at the federal government's daily journal.

The stakes are high: Incoming White House press secretary Jen Psaki said in late December that Biden will issue a memo effective on Inauguration Day to halt so-called "midnight regulations" that aren't yet official.

The EPA was able to fast-track a rule limiting scientific studies that can be used when setting health safeguards—a move seen by environmental advocates as handcuffing the agency's ability to tighten air and water pollution standards. That rule was effective immediately upon its publication on Jan. 6, just four business days after the EPA said the rule was finalized.

Twitter: @tax
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House of Delegates leaders focus on regulations, taxes, education | News, Sports, Jobs - The

Photo Courtesy/WV Legislative Photography House Speaker Roger Hanshaw, left, and House Minority Leader Doug Skaff speak to members of the House of Delegates Jan. 13.

CHARLESTON — Republican and Democratic leaders in the West Virginia House of Delegates laid out their top agenda items Wednesday during the second day of the West Virginia Press Association’s annual Legislative Lookahead.

Members of the press heard from House Speaker Roger Hanshaw, R-Clay; House Majority Leader Amy Summers, R-Taylor; and House Majority Whip Paul Espinosa, R-Jefferson. The House Democratic Caucus was represented by House Minority Leader Doug Skaff, D-Kanawha; and House Minority Leader Pro Tempore Sean Hornbuckle, D-Cabell.

Publisher: theintermountain.com
Twitter: @InterMountainWV
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Buying a Vehicle With a Tax Refund? Keep Scammers Out of the Driver's Seat!

NASHVILLE — With tax season in full swing, Tennessee consumers who have been waiting for the "green light" on buying a new or pre-owned vehicle may likely use their tax refund to go car-shopping. Unfortunately, auto scammers are also on the prowl, angling to leave consumers in the dust.

The Tennessee Motor Vehicle Commission, which is under the Tennessee Department of Commerce and Insurance's Division of Regulatory Boards, urges consumers to educate themselves, learn the red flags of auto scams and spot a "can't-miss-deal" that could actually be a scam before they sign any paperwork or buy a car.

Date: Monday February 01 2021 08:00am
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