Talking Tax

For tax years beginning after December 31, 2017, the corporate tax rate under §11(b) was amended to remove the graduated rates in favor of a flat 21%. Additionally, for tax years beginning after December 31, 2017, §55(a) was amended, repealing the corporate alternative minimum tax. This led to questions regarding the applicable tax rates for a corporation whose tax year began before January 1, 2018 but after December 31, 2017. George Manousos and Jason Black of PricewaterhouseCoopers LLP’s Federal Tax Services out of Washington-National Tax Services joins talking tax’s host Joe Hagedorn to discuss the application of Internal Revenue Code’s §15 and how it applies to determine the applicable tax rate and alternative minimum tax rate for a fiscal year corporation. Additionally, George, Jason and Joe discuss the recently released IRS Notice 2018-38 which provides clarification on the application of §15.

House and Senate committees held several tax-focused events this week ahead of the April 17 tax filing deadline. Top Treasury Department, Internal Revenue Service, and Office of Information and Regulatory Affairs officials testified before lawmakers about the status of the 2018 IRS filing season and the process for reviewing and releasing tax regulations. OIRA and Treasury announced a deal that would allow the White House to review major tax rules before they are made public. The House Ways and Means Committee approved a package of legislation that would retool the IRS, and some of those bills are slated to get a vote on the House floor in the coming week. And, to top off a busy week, House Speaker Paul D. Ryan (R-Wis.), a key player in passing the 2017 tax act (Pub. L. No. 115-97), said he won't run for re-election. Reporters Allyson Versprille and Laura Davison spoke about all the moving pieces and what to expect next.

Lisa Zarlenga of Steptoe & Johnson, LLP, joins Talking Tax with host Andrea L. Ben-Yosef to discuss what tax advisors need to know about cryptocurreny. She discusses what cryptocurrency investors need to do as they file their returns, ICOs and airdrops and how they are taxed, and the impact of tax reform on cryptocurrency issues.

New guidance on a tax law change limiting interest deductibility tells taxpayers that the IRS is making progress in helping businesses deal with the change, but some of the more challenging issues have yet to be broached. Tony Nitti, a tax partner at WithumSmith+Brown PC in Aspen, Colo., joins Talking Tax host Allyson Versprille to discuss the guidance—Notice 2018-28—and what it means for businesses. The amended tax code Section 163(j) limits the business interest deduction to 30 percent of a company’s earnings before interest, taxes, depreciation, and amortization for four years starting in 2018. Beginning in 2022, the deduction will be limited to 30 percent of earnings before interest and taxes. The IRS's notice provides a handful of answers on how the limitation will work. It confirms, for example, that interest payments on debt held by members of a consolidated group—a group of corporations with a shared parent company that is treated as a single entity for tax purposes—would be allocated at the consolidated group level, rather than on a member-by-member basis. Government officials had been hinting at this clarification for the last several months. While the notice is a step in the right direction, the Internal Revenue Service and Treasury Department still have a lot of work ahead, Nitti says.

It's not every day the U.S. Supreme Court agrees to take on a tax case. The Supreme Court on March 21 decided a major tax case dealing with the obstruction of an IRS investigation when it ruled in Marinello v. United States that the Internal Revenue Service can only convict a taxpayer on obstruction charges when it can prove the taxpayer was aware of a pending tax-related proceeding, such as an investigation or audit, or that the taxpayer could "reasonably foresee that such a proceeding would commence." Another significant tax case, Wisconsin Central Ltd v. United States, currently being reviewed by the high court, involves the taxation of stock given to employees by a railroad company. The Supreme Court is scheduled to hear oral arguments on April 16. Bloomberg Tax's Carolina Vargas talked to practitioners to discuss the cases and their significance.

The House plans to vote this week on the omnibus spending bill that will likely include a tax change for agriculture cooperatives. In addition to the provision that rebalances the tax treatment of agriculture cooperatives and corporate grain buyers, some GOP lawmakers are also looking to include technical fixes to some drafting errors in the tax law. The negotiations were ongoing as of late March 16. Reporters Laura Davison, Allyson Versprille, and Kaustuv Basu spoke with Talking Tax host Matthew Beddingfield on March 19 about the upcoming bill and what Democrats can expect to get out of the legislation.

Professor Charlene Luke, University of Florida Research Foundation Professor at the Levin College of Law, joins Talking Tax host Andrea Ben-Yosef to discuss the federal tax implications of crowdfunding. Professor Luke describes the different types of crowdfunding, reviews current IRS guidance, discusses the tax provisions--including those in the 2017 tax act—that apply to crowdfunding, and ends with suggestions as to how the IRS can help in this area. For more information, please see her article “Crowdfunding: Federal Income Tax Considerations,” which was published in the TM Memorandum (Aug. 17, 2018). The article can be found at https://www.bna.com/crowdfunding-federal-income-m73014463754/?promocode=BTAX164AA.

The American Bar Association Section of Taxation meeting in San Diego this month was all about how IRS and Treasury officials view the new tax law. The tax reform bill becoming law is only the first step: the Internal Revenue Service and Treasury Department will be providing guidance on the statute's provisions for years to come. During the meeting, Bloomberg Tax reporters spoke with government officials about how they plan to prioritize regulations as they implement changes to complex areas of the 2017 tax act (Pub. L. No. 115-97), such as changes to international taxation, tax accounting, and transfer pricing. Reporters Laura Davison, Allyson Versprille, Alison Bennett, and Isabel Gottlieb spoke with Talking Tax host Matthew Beddingfield on Feb. 12 about how the IRS and Treasury plan to tackle the law's changes.

The new tax law lowers the corporate tax rate to 21 percent—a change that some lawmakers have suggested could prompt pass-through entities to convert to C corporations. Michael D'Addio, a principal in the New Haven, Conn., office of Marcum LLP who specializes in federal and state taxation, joins Talking Tax host Allyson Versprille to discuss the possibility of a mass conversion as a result of the different treatment of pass-throughs and C corporations. Under the new law, pass-through owners can deduct 20 percent of trade or business income. But for high-earning pass-through owners paying the top 37 percent individual tax rate, that averages out to a 29.6 percent tax rate. D'Addio explains some of the underlying issues that could factor into a pass-through's decision to convert—aside from the upfront tax rates—and why that may not be the best course of action for every taxpayer.

Congress now has a host of smaller tax issues to contend with after passing legislation overhauling many aspects of the Internal Revenue Code. The Republican-led House Ways and Means and Senate Finance committees are looking at ways to make corrections to, and address issues omitted from, the new tax law (Pub. L. No. 115-97). Tax writers will consider overhauling the Internal Revenue Service, streamlining tax-favored savings accounts for education and retirement, and passing legislation to extend some expired tax breaks. These goals will face headwinds now that tax isn't the No. 1 agenda item in Congress. Politics, negotiations over funding the government, and competing policy priorities could all waylay the tax writers' plans. Reporters Kaustuv Basu, Allyson Versprille, and Laura Davison spoke with Talking Tax host Matthew Beddingfield on Jan. 22 about what’s next for lawmakers in 2018.

The new tax law made extensive changes to the U.S. tax code, setting up a massive need for stakeholders to understand the law's complexities and possibly rethink their tax plans. Bloomberg Tax reporters Sony Kassam and Laura Davison and news editor Colleen Murphy spoke with a group of tax practitioners, members of the Bloomberg Tax advisory board, about the tax act's (Pub. L. No. 115-97) effects over the next year and beyond on federal, state, and international tax issues. This episode's discussion features Lisa M. Starczewski, a shareholder at Buchanan Ingersoll & Rooney PC in Philadelphia; William Alexander, of counsel at Skadden, Arps, Slate, Meagher & Flom LLP in Washington; John L. Harrington, a partner at Dentons in Washington; Richard S. Franklin, a member at Franklin Karibjanian & Law PLLC in Washington; and Joe Huddleston, executive director of the national indirect tax group at Ernst & Young LLP. This episode was recorded the morning of Jan. 9 and has been edited for length and clarity. For a complete transcript, please click here: http://src.bna.com/vG3.

Gary D. Sprague of Baker McKenzie joins Talking Tax with host Dolores Gregory for a discussion of the EU’s efforts to tax the “digital economy.” Gary is a regular contributor to the TM International Journal. In a recent column, he raised concerns about an EU proposal to adopt special rules for taxing companies that engage in business online – one creating a ‘digital’ permanent establishment and the other imposing a special levy on specific transactions – both of which represent a retreat from the arm’s length standard. In this interview, Gary discusses the problems these proposals raise not just for e-commerce but for all companies that do business across borders.

The Internal Revenue Service and Treasury Department are gearing up to implement the new tax law, a significant undertaking that will be their focus for 2018. At the same time, lawmakers will likely face the need to change some parts of the law as drafting errors and unintended consequences emerge. Republicans in Congress have already said they plan a technical corrections bill to clean up aspects of the tax changes. They may have to work with Democrats if they want to do anything more sweeping. Reporters Kaustuv Basu, Allyson Versprille, and Laura Davison spoke with Talking Tax host Matthew Beddingfield on Jan. 2 about what's next for the regulators and lawmakers in the aftermath of the bill's passage.

Jim Calvin, of Deloitte LLP, joins Talking Tax with host Andrea L. Ben-Yosef to discuss bitcoin and how to view it from a tax perspective. Calvin explains how bitcoin works; addresses the most common questions he gets from clients about issues such as classification, wash sale and short sale rules, and how to determine which bitcoin has been sold; and discusses the new futures market in bitcoin from an investor and trader tax perspective.

The GOP's final tax bill includes significant changes in international tax policy. Jon Traub, managing principal for tax policy at Deloitte Tax LLP, and Chris Trump, a principal at Deloitte Tax who specializes in international taxation, join Talking Tax host Allyson Versprille to discuss the changes and how they will impact multinational companies. Traub is a former House Ways and Means Committee staff director and minority chief tax counsel. Before joining Deloitte Tax, Trump—no relation to President Donald Trump—worked in the Internal Revenue Service's Office of the Associate Chief Counsel (International). The conversation covers planning opportunities as well as challenges multinationals will face in complying with the new law. This episode was recorded the evening of Dec. 19.

Lawmakers will need to hash out final details on the individual side of the tax code if they want to meet their end-of-the-year deadline to pass tax reform legislation. Ernst & Young LLP's U.S. tax reform leader Justin Shafer co-hosts an episode of Talking Tax with Bloomberg Tax reporter Allyson Versprille. They are joined in discussing the individual aspects of the House and Senate tax bills by David Kirk and Elda Di Re, both partners in the Private Client Services practice within EY’s National Tax Department. Kirk and Di Re lay out the differences in the House and Senate bills, controversial proposals related to the state and local tax deduction and the alternative minimum tax, and the planning challenges that individual taxpayers face. This episode was recorded the morning of Dec. 8. The legislation is subject to change.

Congress is getting closer to enacting major tax legislation by the end of the year, but first the House and the Senate will have to reconcile key differences in their bills—a task that could prove difficult. John Gimigliano, principal in charge of the Federal Legislative and Regulatory Services group in KPMG LLP's Washington National Tax practice, joins Talking Tax host Allyson Versprille to discuss the disparities between the two proposals and the implications for the tax reform process. The resurgence of the alternative minimum tax in the Senate bill has been particularly controversial. Republicans swore they would do away with the tax, but the corporate and individual AMT resurfaced at the last minute as senators needed revenue Dec. 1 to convince GOP holdouts to vote for the bill. The podcast also features discussion of the approach taken in both bills on pass-throughs, effective dates, and the individual income brackets and tax rates. Not only are differences in these areas important in the context of passing tax legislation in the next few weeks, but they also make it difficult for businesses to plan, Gimigliano said. "I don't know if there's ever been a harder time to be a head of tax at a large company trying to plan for the future." This episode was recorded the morning of Dec. 5. The legislation is subject to change.

House and Senate lawmakers will begin to reconcile their tax plans this week with the hope of getting a bill to President Donald Trump before the end of the year. The House and Senate bills are now more closely aligned in how they approach deemed repatriation rates and deductions for state and local property taxes. But there are still some significant differences, including pass-through taxation and a Senate amendment that would retain the alternative minimum tax for corporations and individuals. Reporters Allyson Versprille and Laura Davison spoke with Talking Tax host Matthew Beddingfield on Dec. 4 about the process of conferencing the legislation and what hurdles lawmakers face as they look for a final agreement.

Employers often offer wellness programs to promote employee health and reduce medical costs. Alan Tawshunsky of the Tawshunsky Law Firm PLLC in Washington sits down with Talking Tax host Andrea Ben-Yosef, an acquisitions manager with Bloomberg Tax's Tax Management journals, to discuss how to navigate the complex interaction of rules from the IRS and EEOC on provisions of the Affordable Care Act, Americans With Disabilities Act, and the Genetic Information Nondiscrimination Act to make sure their programs pass muster with the agencies and the courts.

Republicans in Congress will have to navigate through tricky procedural, political, and policy hurdles to push through tax reform by year's end. Reporter Laura Davison spoke with Talking Tax host Matthew Beddingfield on Nov. 21 about the GOP's chances for successfully passing the tax plan and what difficulties lie ahead.

Dave Camp, former chairman of the House Ways and Means Committee and now a senior policy adviser for PricewaterhouseCoopers, joins Talking Tax host Allyson Versprille to discuss how he sees the legislative process playing out for the GOP's tax plan. This episode of Talking Tax was recorded the morning of Nov. 15. Matters involving the Senate and House tax proposals are subject to change.

The Senate tax plan released Nov. 9 and amendments to the House bill (H.R. 1) bring new considerations for tax professionals as Republicans press forward with tax reform efforts. Bloomberg Tax reporter Allyson Versprille hosts this week’s Talking Tax alongside Justin Shafer, a partner and U.S. tax reform leader at Ernst & Young LLP, to discuss what practitioners should look for in the proposal, including revenue considerations, how the plan differs from the House bill, and what could come next in the legislative process. EY tax policy experts Michael Mundaca and Cathy Koch offer their take on what’s ahead.

Lisa Starczewski, of Buchanan Ingersoll & Rooney PC, joins Talking Tax with host Andrea Ben-Yosef to give an overview of the new partnership audit rules and proposed regulations. Starczewski highlights some of the more important aspects of the new partnership audit rules and proposed regulations, points out where the regulations have added new concepts to the rules, alerts practitioners to issues they may have missed, and advises on what practitioners need to do now, especially regarding amending/drafting agreements and educating clients.

The Tax Cuts and Jobs Act (H.R. 1) is here, and with it come several considerations for practitioners if the GOP tax reform effort is successful. Bloomberg Tax's Matthew Beddingfield hosts this week's Talking Tax alongside EY's U.S. Tax Reform Leader Justin Shafer, to discuss what practitioners should look out for in the new bill, including revenue considerations, international impact, and what's to come in the legislative process. EY tax policy experts Michael Mundaca, Jose Murillo, and Cathy Koch offer their take on what's to come.

Congressional Republicans expect to release a tax bill Nov. 1, and House leaders say they want to hold a vote by Thanksgiving. Reporters Colleen Murphy, Kaustuv Basu, and Laura Davison spoke with Talking Tax host Matthew Beddingfield on Oct. 27 about the process once the GOP bill is released, and what the proposed legislation might include.

The Senate has passed a budget that opens the door for Republicans to move forward with their tax plan, possibly in the coming week. Reporters Colleen Murphy, Kaustuv Basu, and Laura Davison spoke with Talking Tax host Matthew Beddingfield on Oct. 20 about GOP tax reform efforts, including what aspects of a tax bill have yet to be agreed on.

The Senate still needs to pass a budget that includes reconciliation instructions before Republicans can move forward with their tax plan in the next few weeks. Reporters Colleen Murphy and Laura Davison spoke with Talking Tax host Matthew Beddingfield about GOP tax reform efforts, including how to raise revenue and finalize policy details that include state and local deductions.

The GOP tax reform framework was released Sept. 27, but questions remain about how the plan will be paid for. Reporters Colleen Murphy and Laura Davison spoke with Talking Tax host Matthew Beddingfield about the plan, and the time crunch the party faces to pass a federal budget and tax bill.

House Ways and Means Committee Chairman Kevin Brady (R-Texas) said details of the GOP's new tax reform plan will be revealed the week of Sept. 25. Reporters Colleen Murphy and Laura Davison spoke with Talking Tax host Matthew Beddingfield about the Republicans' efforts to come together on a unified tax plan while also working to pass a federal budget.

House Ways and Means Committee Chairman Kevin Brady (R-Texas) and House Speaker Paul D. Ryan (R-Wis.)are confident that tax reform will be passed this year. Reporters Colleen Murphy and Laura Davison spoke with Talking Tax host Matthew Beddingfield about the GOP's time crunch for implementing its new tax plan and what needs to be accomplished before midterm elections.

House Speaker Paul D. Ryan (R-Wis.) and House Ways and Means Committee Chairman Kevin Brady (R-Texas) are taking their pitch for tax reform across the country. Reporter Kaustuv Basu spoke with Talking Tax host Matthew Beddingfield about the GOP campaign to promote the lawmakers' tax ideas, and what President Donald Trump will be doing to lend a hand.

Navigating the complexities of estate planning with carried interest can quickly become a daunting task. N. Todd Angkatavanich, David A. Stein, and Andrew Haave of Withers Bergman LLP authored a Bloomberg BNA portfolio on the topic that walks readers through this complex area of wealth planning. Reporter Allyson Versprille spoke with Angkatavanich and Stein about what practitioners need to know when it comes to navigating carried interest planning under tax code Section 2701, avoiding pitfalls, and understanding the impact of potential tax reform changes.

Senate Finance Committee Chairman Orrin G. Hatch (R-Utah) says Republicans will "hit the rich" in tax reform. Reporters Kaustuv Basu and Colleen Murphy spoke with Talking Tax host Matthew Beddingfield about the GOP's tax reform efforts as Congress is out for summer recess.

Senate Republicans failed to repeal the Affordable Care Act last week, but efforts to pass health care legislation may not be over yet. Reporters Laura Davison, Kaustuv Basu, and Colleen Murphy spoke with Talking Tax host Matthew Beddingfield about the recent health care vote and what the GOP is doing to move forward on both health care and tax reform.

The House fiscal year 2018 budget resolution, which is the key to the GOP's full tax reform package, is facing difficulties as moderate and conservative Republicans have already attacked the measure. Reporters Laura Davison and Colleen Murphy spoke with Talking Tax host Matthew Beddingfield about the challenges Republicans face in passing the budget as they prepare for August.

The Senate is likely to vote the week of June 26 on a draft health care bill that would repeal the Affordable Care Act's taxes. Senate Republicans are working to compromise on various aspects of the legislation. Reporters Laura Davison and Colleen Murphy, along with reporting intern Jason Mast, sit down with Talking Tax host Matthew Beddingfield to discuss the GOP's ongoing health care efforts, as well as a mobile workforce bill (H.R. 1393) that would restrict states’ ability to tax nonresidents.