Jackson Kelly PLLC

Tax Monitor

Federal Tax

Time to Check Your Organizational Chart For Dormant Tax-Exempt Entities

Does your company have any dormant tax-exempt entities in your organizational chart?  If so, read on.

In recent Private Letter Ruling (PLR) 202437007[1], the Internal Revenue Service (IRS) revoked the tax-exempt status of an organization. The organization had qualified as a tax-exempt supporting organization under Section 501(c)(3) and Section 509(a)(3) of the Internal Revenue Code (Code), and…

Estate Planning Forecast: Cloudy with a Chance of Sunset

With the new year, you have no doubt been inundated with messages nudging you to make a fresh start on any number of things: eating better, saving money, going to the gym, getting more sleep, or stopping a bad habit. As we ring in 2025, the law is giving us another nudge to take a fresh look at our estate plans.

The Tax Cuts and Jobs Act of 2017 (TCJA) increased the unified gift and estate tax…

RELIEF FOR ERC DEFRAUDED TAXPAYERS

Amid its review of thousands of fraudulent Employee Retention Credit (“ERC”) applications, the Internal Revenue Service (“IRS”) has instituted multiple programs to provide relief to unsuspecting taxpayers victimized by the cottage industry of specialist ERC firms born of the COVID-19 pandemic. Many of these applications aggressively interpret the “business operations suspension test” and rely on…

U.S. Supreme Court Dismisses Case Relating to In-House Counsel Attorney-Client Privilege for Dual-Purpose Communications

Key Take-Away: What is the difference between “a” and “the”? Quite a lot if you are in-house counsel for a company that wants to assert attorney-client privilege for dual-purpose communications made by you as in-house counsel. The Supreme Court of the United States (“SCOTUS”) granted cert in In re Grand Jury and recently heard oral arguments regarding dual-purpose communications, giving hope that…

Inflation Reduction Act Expected to Cost Coal

The U.S. House of Representatives will soon take up the Inflation Reduction Act (“Act”), passed by the Senate earlier this week after a tie-breaking vote by Vice President Harris. The Act seeks to tackle various environmental and health care issues, allocating significant funds toward the reduction of greenhouse gas emissions and placing a cap on out-of-pocket prescription costs for individuals…

Estate Planning in the Current Environment

Since the changes to the estate, gift, and generation skipping taxes went into effect in the Tax Cuts and Jobs Act of 2017 (“Tax Act”), advisers and clients have been working to take maximum advantage of the benefits, many of which will sunset at the end of 2025 without further legislative action.

The Tax Act doubled the estate, gift, and generation skipping tax exemptions.  In 2022, the estate tax…

The Superfund Excise Tax Is Returning Soon for the Chemical Industry.

Chemical companies need to prepare for the return of an excise tax on chemicals produced or imported that hasn’t been in effect for nearly 30 years.  In January 2022, the IRS published Notice 2021-66, related to the Infrastructure Investment and Jobs Act (“IIJA”), which revives the excise taxes imposed on certain chemicals—previously known as the Superfund Chemicals taxes.  See https://www.irs.gov/p…

8 Things to Keep in Mind for 2021 Tax Filing

Things to Keep in Mind for 2021 Tax Filing

While filing season is well under way for tax year 2021, it is important to keep in mind some of the issues specific to the 2021 tax year and some items that have been carried over from relief packages passed for tax year 2020.  A few key issues are discussed below. 

Return Processing.  As the IRS continues to struggle with staffing and processing issues,…

Fiduciary Obligations of 401k Trustees

The Supreme Court of the United States addressed 401k trustee fiduciary obligations in Hughes v. Northwestern University. For 401k fiduciaries, both employers and investment advisors, the case reaffirms earlier requirements that fiduciaries must monitor each and every investment offering in the plan for performance, fees, and expenses, and they have an obligation to remove imprudent investments,…

Save the Date! 2021 West Virginia Tax Institute - October 18th & 19th

The Seventy-Second Annual West Virginia Tax Institute Meeting will be live streamed on Monday and Tuesday morning, October 18 & 19, 2021 from 9:00 am to 12:00 pm each day. 

We are still busy finalizing the schedule and speakers for this year’s program. We anticipate that the Program will qualify for approximately 6 hours of CLE/CPE credit, 1.5 of which is in Ethics.   

The full Program details and…

Some Interesting Tax Provision of the Consolidated Appropriations Act of 2021

There were some long awaited tax changes contained in the Consolidated Appropriations Act of 2021 (the “CAA”), but there were also some interesting additions.

For example, the CAA clarified that taxpayers can deduct expenses paid with PPP Loan proceeds overturning the IRS guidance on this issue. This benefit is substantial for taxpayers and effectively increases the PPP Loan proceeds by the amount…

IRS Release -- Expenses Covered By PPP Loan Are Not Deductible in 2020 Regardless of the Timing of Forgiveness

The IRS has released guidance on the tax issues related to forgiveness of a PPP loan.  In general, under the CARES Act, forgiveness of a PPP Loan is excluded from gross income for federal income tax purposes.  The IRS has clarified that expenses covered by PPP Loan proceeds, namely payroll, are not deductible if the PPP Loan is forgiven.  IRS Notice 2020-32.
 
Recent IRS guidance takes…

 

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