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Software engineer denied deductions for Executive MBA degree
Expenses for an MBA degree may or may not be deductible depending upon a taxpayer’s current employment situation. Take two close cases with opposite results:In Creigh, TC Summary Opinion 2017-26...
Expenses for an MBA degree may or may not be deductible depending upon a taxpayer’s current employment situation. Take two close cases with opposite results:In Creigh, TC Summary Opinion 2017-26...
President directs IRS to exercise discretion in enforcement of “Johnson amendment”
An Executive Order, issued on May 4, directs the IRS to exercise maximum discretion in its enforcement of the "Johnson amendment" concerning Code Sec. 501(c)(3) charitable/religious organizations. &nb...
An Executive Order, issued on May 4, directs the IRS to exercise maximum discretion in its enforcement of the "Johnson amendment" concerning Code Sec. 501(c)(3) charitable/religious organizations. &nb...
IRS updates FAQs on passport certification
In 2015, Congress added Code Sec. 7345 as part of the Fixing America’s Surface Transportation Act of 2015 (FAST Act). Upon receiving certification of seriously delinquent tax debt from...
In 2015, Congress added Code Sec. 7345 as part of the Fixing America’s Surface Transportation Act of 2015 (FAST Act). Upon receiving certification of seriously delinquent tax debt from...
No equitable relief from missing tax court deadline for innocent spouse review
The Third Circuit Court of Appeals has found that the Tax Court properly dismissed for lack of jurisdiction an individual’s petition for review of the IRS’s denial of innocent spouse relie...
The Third Circuit Court of Appeals has found that the Tax Court properly dismissed for lack of jurisdiction an individual’s petition for review of the IRS’s denial of innocent spouse relie...
Stock broker proves real estate professional status for rental losses
Winning real estate professional status –and the benefits gained from taking business deductions and losses from an “active” rather than “passive” business-- often depend...
Winning real estate professional status –and the benefits gained from taking business deductions and losses from an “active” rather than “passive” business-- often depend...
CBO reports on top tax incentives/expenditures
The Congressional Budget Office (CBO) issued a report in mid-March about current tax incentives. Tax expenditures, CBPO explained, reduce the amount of revenue that is collected for any given set of s...
The Congressional Budget Office (CBO) issued a report in mid-March about current tax incentives. Tax expenditures, CBPO explained, reduce the amount of revenue that is collected for any given set of s...
IRS updates 401(k) hardship distributions exam materials
The IRS Tax Exempt and Government Entities Division (TE/GE) has updated guidance used to determine whether a Code Sec. 401(k) plan hardship meets the safe-harbor standards set forth in applicable regu...
The IRS Tax Exempt and Government Entities Division (TE/GE) has updated guidance used to determine whether a Code Sec. 401(k) plan hardship meets the safe-harbor standards set forth in applicable regu...
Employee consent requirements for employer refund claims released
The IRS recently issued the employee consent requirements that an employer need to adhere to in order to support a claim for refund of overpaid taxes under the Federal Insurance Contributions Act (FIC...
The IRS recently issued the employee consent requirements that an employer need to adhere to in order to support a claim for refund of overpaid taxes under the Federal Insurance Contributions Act (FIC...
New Offers in Compromise policy starts April 27
The IRS informed taxpayers and tax professionals of its updated policy with regards to the Offer in Compromise (OIC) application process. OIC applications received on or after March 27, 2017, will now...
The IRS informed taxpayers and tax professionals of its updated policy with regards to the Offer in Compromise (OIC) application process. OIC applications received on or after March 27, 2017, will now...
Tax refund offsets may be used toward unpaid debts
A taxpayer who incurs an unpaid debt may notice a reduction in his or her federal tax refund. The Treasury Offset Program is allowed to use all or part of a taxpayer’s federal refund to settle u...
A taxpayer who incurs an unpaid debt may notice a reduction in his or her federal tax refund. The Treasury Offset Program is allowed to use all or part of a taxpayer’s federal refund to settle u...
Passport certifications will begin in early 2017, IRS posts on website
The IRS has informed taxpayers via its website that the agency will begin, in early 2017, to remit certifications to the U.S. State Department for individuals who are seriously delinquent in paying th...
The IRS has informed taxpayers via its website that the agency will begin, in early 2017, to remit certifications to the U.S. State Department for individuals who are seriously delinquent in paying th...
Tax returns lacking ACA coverage status will not be rejected
The IRS has announced that it will continue to process individual returns that do not report the taxpayer’s health coverage status under the Affordable Care Act (ACA). The IRS will accept return...
The IRS has announced that it will continue to process individual returns that do not report the taxpayer’s health coverage status under the Affordable Care Act (ACA). The IRS will accept return...
Dentist persuades Tax Court of material participation in real estate business
The Tax Court determined, in Zarrinnegar v. Commissioner, TC Memo. 2017-34, that a dentist by profession, was a real estate professional, and therefore could deduct rental real estate losses. As such,...
The Tax Court determined, in Zarrinnegar v. Commissioner, TC Memo. 2017-34, that a dentist by profession, was a real estate professional, and therefore could deduct rental real estate losses. As such,...
IRS confirms automatic six-month extension for C corporations
The IRS has confirmed that a new revision of the Instructions for Form 7004 correctly reflects that calendar year C corporations are eligible for an automatic six-month extension. Code Sec. 6081(a) pr...
The IRS has confirmed that a new revision of the Instructions for Form 7004 correctly reflects that calendar year C corporations are eligible for an automatic six-month extension. Code Sec. 6081(a) pr...
Future pension payouts not counted as asset in determining insolvency exclusion
The Tax Court, in Schieber v. Commissioner, TC Memo. 2017-32, found that the right to a continuing monthly payment state pension plan was not an asset in determining insolvency for purposes of exclusi...
The Tax Court, in Schieber v. Commissioner, TC Memo. 2017-32, found that the right to a continuing monthly payment state pension plan was not an asset in determining insolvency for purposes of exclusi...
AL - Historic structure credit enacted
A corporate and personal income tax credit is established for the rehabilitation, preservation, and development of historic structures. The amount of tax credit is equal to 25% of the qualified rehabi...
A corporate and personal income tax credit is established for the rehabilitation, preservation, and development of historic structures. The amount of tax credit is equal to 25% of the qualified rehabi...
AK - Special session called to consider tax bills, other matters
Alaska Gov. Bill Walker has called a special session of the state Legislature to consider, along with several appropriations measures, legislation to increase motor fuel taxes, to amend oil and gas pr...
Alaska Gov. Bill Walker has called a special session of the state Legislature to consider, along with several appropriations measures, legislation to increase motor fuel taxes, to amend oil and gas pr...
AZ - Deduction allowed for net capital gain and addition required for net capital loss from exchange of legal tender
For taxable years beginning after December 31, 2017, Arizona individual and corporate income tax deductions are allowed for any net capital gain included in Arizona gross income for the taxable year t...
For taxable years beginning after December 31, 2017, Arizona individual and corporate income tax deductions are allowed for any net capital gain included in Arizona gross income for the taxable year t...
AR - Taxpayer was domiciled in state and taxable as resident
A taxpayer was domiciled in Arkansas and was taxable as a resident of Arkansas for personal income tax purposes for 2014, because she failed prove that she changed her domicile to another state before...
A taxpayer was domiciled in Arkansas and was taxable as a resident of Arkansas for personal income tax purposes for 2014, because she failed prove that she changed her domicile to another state before...
CA - Amended returns, notices, audits, power of attorney and more discussed
In its June 2017 issue of Tax News, the California Franchise Tax Board (FTB) discusses a variety of corporation franchise and income and personal income tax issues, including the following:amende...
In its June 2017 issue of Tax News, the California Franchise Tax Board (FTB) discusses a variety of corporation franchise and income and personal income tax issues, including the following:amende...
CO - Certain economic development income tax credits allowed different treatment in Colorado
Colorado Gov. John Hickenlooper has signed legislation authorizing the Colorado Economic Development Commission (EDC) to allow certain business that make a strategic capital investment in the state to...
Colorado Gov. John Hickenlooper has signed legislation authorizing the Colorado Economic Development Commission (EDC) to allow certain business that make a strategic capital investment in the state to...
CT - Quarterly list of distributors issued
The Connecticut Department of Revenue Services has issued a quarterly list of persons who have become, or are no longer, licensed as distributors for Connecticut motor fuels tax purposes since the cur...
The Connecticut Department of Revenue Services has issued a quarterly list of persons who have become, or are no longer, licensed as distributors for Connecticut motor fuels tax purposes since the cur...
DE - Delaware adopts federal return due dates
Legislation has been enacted that adopts federal filing deadlines for Delaware corporation income tax, partnership, and W-2 and 1099 series information returns. The due date for C corporation returns ...
Legislation has been enacted that adopts federal filing deadlines for Delaware corporation income tax, partnership, and W-2 and 1099 series information returns. The due date for C corporation returns ...
DC - Online agreement for taxpayers to pay off tax debt discussed
The District of Columbia’s Office of Tax and Revenue (OTR) has issued a press release informing personal and corporate income taxpayers about the OTRt’s "Online Payment Agreement"&nbs...
The District of Columbia’s Office of Tax and Revenue (OTR) has issued a press release informing personal and corporate income taxpayers about the OTRt’s "Online Payment Agreement"&nbs...
FL - IRC conformity legislation, other changes enacted
Legislation has been enacted that updates the Internal Revenue Code (IRC) tie-in date for purposes of computing Florida corporate income tax liability from January 1, 2016, to January 1, 2017. The ame...
Legislation has been enacted that updates the Internal Revenue Code (IRC) tie-in date for purposes of computing Florida corporate income tax liability from January 1, 2016, to January 1, 2017. The ame...
GA - Average retail sales prices for prepaid local tax revised
A sales tax bulletin issued by the Georgia Department of Revenue lists the average retail sales prices used to calculate prepaid local tax applicable to sales of motor fuel for highway use for the per...
A sales tax bulletin issued by the Georgia Department of Revenue lists the average retail sales prices used to calculate prepaid local tax applicable to sales of motor fuel for highway use for the per...
HI - Change in mandatory tax filing and payment frequency announced
The Hawaii Department of Taxation (DOT) has announced changes to certain taxpayers’ mandatory general excise tax; transient accommodations tax; and rental motor vehicle, tour vehicle, and car-sh...
The Hawaii Department of Taxation (DOT) has announced changes to certain taxpayers’ mandatory general excise tax; transient accommodations tax; and rental motor vehicle, tour vehicle, and car-sh...
ID - W-2 electronic reporting manual updated
The Idaho State Tax Commission has updated its publication outlining the requirements and procedures for electronically filing personal income tax withholding W-2 forms with the Commission. The update...
The Idaho State Tax Commission has updated its publication outlining the requirements and procedures for electronically filing personal income tax withholding W-2 forms with the Commission. The update...
IL - Regulation implements state tax preparer oversight act
The Illinois Department of Revenue has adopted a regulation implementing a requirement under the State Tax Preparer Oversight Act that preparers of Illinois corporate and individual income tax returns...
The Illinois Department of Revenue has adopted a regulation implementing a requirement under the State Tax Preparer Oversight Act that preparers of Illinois corporate and individual income tax returns...
IN - Cancellation of debt income included in adjusted gross income
A non-resident individual was required to file a 2011 IT-40 PNR return reporting the "cancellation of debt" amount obtained on his Indiana residence because it must be included in the taxpay...
A non-resident individual was required to file a 2011 IT-40 PNR return reporting the "cancellation of debt" amount obtained on his Indiana residence because it must be included in the taxpay...
IA - Taxpayer not entitled to capital gain deduction
A capital gains deduction claimed on an Iowa personal income tax return was properly disallowed because the taxpayer had not held the land for the requisite 10 year period and the sale was strictly a ...
A capital gains deduction claimed on an Iowa personal income tax return was properly disallowed because the taxpayer had not held the land for the requisite 10 year period and the sale was strictly a ...
KS - Towanda rate change imposed
Effective July 1, 2017, the city of Towanda imposes a combined sales and use tax rate of 7.75%. Information Guide No. KS-1700, Kansas Department of Revenue, May 2017; Information Guide No. E...
Effective July 1, 2017, the city of Towanda imposes a combined sales and use tax rate of 7.75%. Information Guide No. KS-1700, Kansas Department of Revenue, May 2017; Information Guide No. E...
KY - 2017 legislation summarized, other matters discussed
The May issue of the Kentucky Tax Alert provides a summary of legislation enacted in 2017 that impacts the Kentucky Department of Revenue administration of taxes, including H.B. 284 that mad...
The May issue of the Kentucky Tax Alert provides a summary of legislation enacted in 2017 that impacts the Kentucky Department of Revenue administration of taxes, including H.B. 284 that mad...
LA - Jonesboro may levy hotel occupancy tax
The town of Jonesboro, Louisiana, is authorized to levy and collect a hotel occupancy tax, subject to approval by the voters. The tax may not exceed 3% of the rent or fee charged for occupancy of a ho...
The town of Jonesboro, Louisiana, is authorized to levy and collect a hotel occupancy tax, subject to approval by the voters. The tax may not exceed 3% of the rent or fee charged for occupancy of a ho...
ME - Guidance on property tax abatement and appeals procedures updated
Maine Revenue Services has updated its guidance on property tax abatement and appeals procedures. Topics covered include the method for seeking abatement, including appeals, assessments in unorganized...
Maine Revenue Services has updated its guidance on property tax abatement and appeals procedures. Topics covered include the method for seeking abatement, including appeals, assessments in unorganized...
MD - Nonprofit exemption certificate renewal applications issued
The Maryland Comptroller’s office has released sales and use tax exemption certificate renewal applications for nonprofit organizations with certificates that expire on September 30, 2017. The d...
The Maryland Comptroller’s office has released sales and use tax exemption certificate renewal applications for nonprofit organizations with certificates that expire on September 30, 2017. The d...
MA - Changes to filing due dates for partnership and corporate income tax returns announced
The Massachusetts Department of Revenue has issued a Technical Information Release (TIR) explaining supplemental budget legislation that enacted changes to the filing due dates for Massachusetts partn...
The Massachusetts Department of Revenue has issued a Technical Information Release (TIR) explaining supplemental budget legislation that enacted changes to the filing due dates for Massachusetts partn...
MI - NOL calculation guidance issued for individuals
The Michigan Department of Treasury has issued a Revenue Administrative Bulletin describing the computation and uses of a net operating loss deduction (NOL) for Michigan personal income tax purposes a...
The Michigan Department of Treasury has issued a Revenue Administrative Bulletin describing the computation and uses of a net operating loss deduction (NOL) for Michigan personal income tax purposes a...
MN - Guidance regarding nonresident entertainer tax revised
The Minnesota Department of Revenue has revised guidelines addressing the personal income withholding tax responsibilities of nonresident entertainers, entertainment entities, and promoters in order t...
The Minnesota Department of Revenue has revised guidelines addressing the personal income withholding tax responsibilities of nonresident entertainers, entertainment entities, and promoters in order t...
MS - Tax appeal bonds were recoverable costs
A circuit court erred when it denied a Mississippi property taxpayer’s motion for the cost of tax appeal bond premiums because "costs" mandated by the statute include the bond premiums...
A circuit court erred when it denied a Mississippi property taxpayer’s motion for the cost of tax appeal bond premiums because "costs" mandated by the statute include the bond premiums...
MO - Local tax rate changes announced
The Missouri Department of Revenue has released the following local sales and use tax rate changes, effective July 1, 2017. The releases also list the new rates for each city and special district affe...
The Missouri Department of Revenue has released the following local sales and use tax rate changes, effective July 1, 2017. The releases also list the new rates for each city and special district affe...
MT - Intangible land value exemption enacted
For Montana property tax purposes, an intangible land value assistance program has been created for certain residential property when land value is disproportionately higher than the value of associat...
For Montana property tax purposes, an intangible land value assistance program has been created for certain residential property when land value is disproportionately higher than the value of associat...
NE - Local rate changes and municipal boundary changes announced
The Nebraska Department of Revenue has announced that beginning October 1, 2017, the village of Lawrence will impose a 1% local sales and use tax. Also, the village of Shelton will discontinue its 1% ...
The Nebraska Department of Revenue has announced that beginning October 1, 2017, the village of Lawrence will impose a 1% local sales and use tax. Also, the village of Shelton will discontinue its 1% ...
NV - Private party transfers of firearms discussed
The Nevada Department of Taxation has issued a sales and use tax bulletin providing information for retailers who perform background checks for private party transfers of firearms. The bulletin conclu...
The Nevada Department of Taxation has issued a sales and use tax bulletin providing information for retailers who perform background checks for private party transfers of firearms. The bulletin conclu...
NH - Destruction of property by fire constituted good cause for tax abatement
New Hampshire taxpayers were entitled to a property tax abatement on their fire-ravaged property because the taxpayers were not statutorily precluded from applying for an abatement and had shown good ...
New Hampshire taxpayers were entitled to a property tax abatement on their fire-ravaged property because the taxpayers were not statutorily precluded from applying for an abatement and had shown good ...
NJ - Unreasonable exception to addback rule allowed
The New Jersey Tax Court concluded that although a subsidiary’s payments to its parent qualified as an intangible expense for purposes of the addback required to the subsidiary’s income un...
The New Jersey Tax Court concluded that although a subsidiary’s payments to its parent qualified as an intangible expense for purposes of the addback required to the subsidiary’s income un...
NM - Affiliate nexus rule vetoed, deductions and exemptions clarified
Gov. Susana Martinez vetoed numerous provisions in a bill intended to make significant sales and use tax reforms, leaving amendments that clarify exemptions and deductions for gross receipts tax and g...
Gov. Susana Martinez vetoed numerous provisions in a bill intended to make significant sales and use tax reforms, leaving amendments that clarify exemptions and deductions for gross receipts tax and g...
NY - New York deliveries of telephone directories did not qualify for common carrier exemption
A taxpayer’s expenses incurred in printing telephone directories that there delivered within New York by two companies were subject to sales tax because they did not constitute being mailed or s...
A taxpayer’s expenses incurred in printing telephone directories that there delivered within New York by two companies were subject to sales tax because they did not constitute being mailed or s...
NC - SST boundary database updated
The North Carolina Department of Revenue has updated information related to the Streamlined Sales and Use Tax (SST) Agreement. The sales tax boundary database, which specifies the boundaries for all t...
The North Carolina Department of Revenue has updated information related to the Streamlined Sales and Use Tax (SST) Agreement. The sales tax boundary database, which specifies the boundaries for all t...
ND - Gas tax rate notice issued
The Tax Commissioner has issued a gas tax rate notice to North Dakota gas producers and purchasers concerning the gas tax rate for fiscal year 2018. The Tax Commissioner has determined that the North ...
The Tax Commissioner has issued a gas tax rate notice to North Dakota gas producers and purchasers concerning the gas tax rate for fiscal year 2018. The Tax Commissioner has determined that the North ...
OH - Appeal dismissed due to insufficient evidence
An Ohio taxpayer’s appeal for a further reduction of property tax determined by the Board of Revenue (BOR) and upheld by the Board of Tax Appeals (BTA) was dismissed because the taxpayer failed ...
An Ohio taxpayer’s appeal for a further reduction of property tax determined by the Board of Revenue (BOR) and upheld by the Board of Tax Appeals (BTA) was dismissed because the taxpayer failed ...
OK - Tax on motor vehicles increased
Motor vehicles that are subject to Oklahoma motor vehicle excise tax, and any optional equipment or accessories attached to such vehicles, are subject to Oklahoma sales and use tax at the rate of 1.25...
Motor vehicles that are subject to Oklahoma motor vehicle excise tax, and any optional equipment or accessories attached to such vehicles, are subject to Oklahoma sales and use tax at the rate of 1.25...
OR - Market based sourcing bill passes senate
The Oregon Senate has passed a bill that would, if enacted, replace the cost of performance standard with a market-based sourcing standard for purposes of determining the sales factor applicable to in...
The Oregon Senate has passed a bill that would, if enacted, replace the cost of performance standard with a market-based sourcing standard for purposes of determining the sales factor applicable to in...
PA - Refund appeal schedules, hotel occupancy tax discussed
A Pennsylvania Department of Revenue newsletter discusses board of appeals schedules for sales and use tax refund petitions and the hotel occupancy tax.Refund Appeal SchedulesThe department’s bo...
A Pennsylvania Department of Revenue newsletter discusses board of appeals schedules for sales and use tax refund petitions and the hotel occupancy tax.Refund Appeal SchedulesThe department’s bo...
RI - Tax relief denied as liability exceeded threshold limit
A taxpayer did not qualify for Rhode Island property tax relief because although the taxpayer met the statutory income threshold, she was not eligible for the tax credit once the statutory calculation...
A taxpayer did not qualify for Rhode Island property tax relief because although the taxpayer met the statutory income threshold, she was not eligible for the tax credit once the statutory calculation...
SC - Admissions tax exemption authorized
An amount that an accredited college or university requires a season ticket holder to pay a nonprofit athletic booster organization exempt from federal income tax in order to receive the right to purc...
An amount that an accredited college or university requires a season ticket holder to pay a nonprofit athletic booster organization exempt from federal income tax in order to receive the right to purc...
SD - New municipal tax rate changes announced
The South Dakota Department of Revenue has released a bulletin that announces upcoming municipal sales tax rate changes. Effective July 1, 2017, the following rate changes will be imposed:— Dant...
The South Dakota Department of Revenue has released a bulletin that announces upcoming municipal sales tax rate changes. Effective July 1, 2017, the following rate changes will be imposed:— Dant...
TN - Tennessee dormancy, sale of securities provisions revised
Tennessee unclaimed property provisions have been amended to decrease the default dormancy period from five to three years for property not otherwise addressed. Various definitions have been added to ...
Tennessee unclaimed property provisions have been amended to decrease the default dormancy period from five to three years for property not otherwise addressed. Various definitions have been added to ...
TX - Tax rate applicable to taxable entities that sell telephone prepaid calling cards clarified
Enacted legislation clarifies for Texas franchise tax purposes that the provision of telecommunications services does not include selling telephone prepaid calling cards. In order for a taxable entity...
Enacted legislation clarifies for Texas franchise tax purposes that the provision of telecommunications services does not include selling telephone prepaid calling cards. In order for a taxable entity...
UT - Tax assessment, interest upheld
The Utah State Commission denied a personal income taxpayer’s petition for redetermination of a deficiency because the taxpayer’s representative failed to establish that the federal deduct...
The Utah State Commission denied a personal income taxpayer’s petition for redetermination of a deficiency because the taxpayer’s representative failed to establish that the federal deduct...
VT - Meals tax guidance for businesses revised
The Vermont Department of Taxes has revised its fact sheet that provides general guidance for businesses regarding the meals tax. The revised fact sheet reflects that some Vermont municipalities levy ...
The Vermont Department of Taxes has revised its fact sheet that provides general guidance for businesses regarding the meals tax. The revised fact sheet reflects that some Vermont municipalities levy ...
VA - Amnesty program enacted and guidance issued in Virginia
The Virginia Tax Amnesty Program is enacted again within the 2016-2018 budget bill and will be administered by the Department of Taxation during the 2017-2018 fiscal year for not less than 60 days or ...
The Virginia Tax Amnesty Program is enacted again within the 2016-2018 budget bill and will be administered by the Department of Taxation during the 2017-2018 fiscal year for not less than 60 days or ...
WA - Taxability of corporate director fees explained
The Washington Department of Revenue has updated excise tax guidance on the applicability of business and occupation (B&O) tax to director fees. Such fees are subject to the service and other acti...
The Washington Department of Revenue has updated excise tax guidance on the applicability of business and occupation (B&O) tax to director fees. Such fees are subject to the service and other acti...
WV - Tax exemption for certain state retirement plans upheld
The West Virginia Supreme Court of Appeals, in reversing the circuit court of Mercer County, has held that the tax exemption available only to beneficiaries of certain state retirement plans (MPFRS, D...
The West Virginia Supreme Court of Appeals, in reversing the circuit court of Mercer County, has held that the tax exemption available only to beneficiaries of certain state retirement plans (MPFRS, D...
WI - Guidance for electrical contractors updated
The Wisconsin Department of Revenue has updated its sales and use tax guidance for electrical contractors. Important changes to the guidance include:Effective for contracts entered into on and after O...
The Wisconsin Department of Revenue has updated its sales and use tax guidance for electrical contractors. Important changes to the guidance include:Effective for contracts entered into on and after O...
WY - Vehicle towing and tow-related services discussed
A Wyoming tax bulletin addresses the sales tax treatment of various services performed in conjunction with nontaxable tow services. A tow service involving a vehicle being moved from one location to a...
A Wyoming tax bulletin addresses the sales tax treatment of various services performed in conjunction with nontaxable tow services. A tow service involving a vehicle being moved from one location to a...
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