On March 31, 2014, Governor Andrew Cuomo signed into law a Budget Bill that contains broad and sweeping tax reform provisions that impact both businesses and individuals. These new laws include changes which will impact tax base, tax rates, apportionment methodology, nexus, tax credits and estate tax reform. Except where noted, the changes below are effective for taxable years beginning on or after January 1, 2015.
This week the Senate Finance Committee approved a two-year extension of tax provisions that expired at the end of 2013. This is the first step towards a broader discussion on tax changes Congress will work through during the year.
Key tax extenders – include the Research and Experimentation (R&D) Tax Credit and the Energy Efficient Commercial Building (Section 179D) – were passed with bipartisan support with few adjustments.
During the last week of March 2014, the Tax Court, in the Frank Aragona Trust Case, held that a trust can qualify as a real estate professional under the passive activity loss rules based on the participation of trustees acting as employees of the rental activities. In its analysis, the Court addressed the issue of how a trust can determine material participation in a business. This decision becomes applicable to a broad range of businesses and not limited to real estate rentals.
In an 8-0 decision, the U.S. Supreme Court, on March 25, ruled that retailer, Quality Stores Inc., a large specialty agricultural retailer, was not entitled to a refund of FICA paid on severance payments the company paid to its employees due to layoffs.
In mid-January 2014, the IRS introduced the ability for taxpayers to instantly view and print tax transcripts. Prior to the introduction of this new online service, taxpayers were able to request either returns or transcripts, which would take approximately 5-10 days to be delivered.
This week, the Obama Administration issued its 2015 Budget Plan. Overall, the President’s tax plan, included in the overall budget, focuses on reducing the deficit while enforcing taxpayer compliance measures. Some of the main tax provisions call for making the research and development tax credit permanent, treating carried interest as ordinary income, reducing tax breaks for the oil and gas industry, and limiting interest deductions for multinational companies.
Recent cyber-attacks involving companies such as Target, Neiman Marcus, and Kickstarter, remind us that identity theft and credit card fraud occurs every day. Major companies have become victims of criminal security intrusion, which affects not only the success of their business, but their customers.
The New Jersey Division of Taxation recently announced two limited-time voluntary disclosure initiatives. One initiative, the Intangible Asset Nexus Initiative, is for companies that hold intangible assets and derive income from the use of those assets in New Jersey.
Final versions of the 2013 Forms 1040 Schedule D, 1120 Schedule D and 8949 have been released by the IRS. There have been a few changes to the aforementioned forms regarding how sales and exchanges of capital assets are reported. Form 8949 is used to report sales and other dispositions of capital assets.
Information on the final repair / capitalization regulations issued by IRS was provided in the Marcum Tax Flash of December 16, 2013. The new rules will require most taxpayers with capitalized assets to make changes to their existing capitalization methods and policies in order to comply.
New York Governor Andrew Cuomo presented his Executive Budget for fiscal year 2014-2015 yesterday. The Governor's budget (the 4th of his current term) builds on the success of the prior three years of controlled spending which has turned a $10 billion State deficit into a $2 billion surplus and created 330,000 jobs. The proposed budget contains an ambitious agenda of tax cut programs (most of which were included in the recommendations recently put forth by the bi-partisan Tax Reform Commission) combined with expansion or creation of a host of new programs. In his own words, the Governor says this budget is "swinging for the fences." The Governor called for passage of this budget to provide all New Yorkers "what they deserve" from their elected state officials.
On January 14, 2014, the New York Court of Appeals, the state's highest court, declined to hear a challenge to the Metropolitan Commuter Mobility Tax, the payroll tax levied in counties served by the Metropolitan Transit Authority.
The New Jersey Economic Opportunity Act of 2013 was recently enacted into law on September 18, 2013 to attract new business development in the State of New Jersey and enhance job creation and retention efforts with the goal of strengthening New Jersey’s competitive position in the global economy.
New York State Governor Andrew Cuomo issued a press release on January 6, 2014 outlining a $2 Billion tax relief plan targeting businesses and individual taxpayers. The governor touts a $2 billion surplus in the state budget based on current spending estimates. This represents a turnaround from a $10 billion deficit three years ago.
The IRS recently announced the 2014 filing season will open on January 31, 2014 for individuals and on January 13, 2014 for most businesses, estates, and trusts. The January 13th start date does not apply to unincorporated small businesses that report income on Schedules C, E, or F on Form 1040. Business returns the January 13 start date applies to include, but not limited to, Forms 1120, 1120S, 1065, and 1041.
Governor Andrew Cuomo has signed the New York Nonprofit Revitalization Act of 2013 (“Act”) which is the first major sweeping change for New York’s not-for-profit entities in four decades. The intent of the new Act is to allow for an easier formation process, improve governance and operations, modernize not- for-profit corporate laws and reduce the reporting burden for smaller nonprofit organizations.