U.S. Supreme Court to Consider Constitutionality of Repatriation Tax: Moore v. United States
The United States Supreme Court will consider the constitutionality of Internal Revenue Code (IRC) §965, which mandated the repatriation tax on previously untaxed income from controlled foreign corporations (CFCs). Rita M. Ryan, JD
The Year 2025 Will Bring a Major Tax Policy Debate
While taxes are never far from Congress’s mind, there are certain years when the tax code can become all-consuming and overtake Congress’s agenda. Next year–2025–promises to be just such a year. Many provisions from the Tax Cu... Thad Inge and Samantha Ford
Key Considerations for Enrolled Agents in the Upcoming Tax Season
The Tax Cuts and Jobs Act (TCJA) of 2017 brought substantial changes to individual income taxes, but many of these provisions are scheduled to expire at the end of 2025. As tax practitioner... Stephen Molchan, EA
Small Business Inventory Rules Under the Tax Cuts and Jobs Act
The Tax Cuts and Jobs Act (TCJA) made a significant change to the rules for eligible small business taxpayers that were previously required to maintain inventories and utilize the accrual method of account... Patrick D. Dimmitt
Looking Forward to 2023
I am excited about 2023 – are you? There is much opportunity in our profession if you ask me. Demand for our services is high, and the supply of qualified tax professionals is decreasing. This gives us the opportunity to be selective about selec... Thomas Gorczynski, EA, USTCP
Code Section 1341 to the Rescue!
How many times over the last few tax seasons have you found yourself having to tell your client: “Sorry, the 2017 tax cut doubled the amount of the standard deduction so your deductions are not enough to make a difference?” Or “The 201... Keith A. Espinoza, EA
Can a Taxpayer Deduct Payments if no Form 1099 Is Issued?
The United States Tax Court recently took up an interesting case which, on its surface, seems a run-of-the-mill case (it is a memorandum decision). However, it has some interesting perspectives related to documentation of payments to contract... Thomas Gorczynski, EA, USTCP
What President-Elect Joe Biden’s Tax Policies Could Mean for You
President-elect Joe Biden has developed a comprehensive plan to reorder the nation’s tax laws. In short, he would raise taxes on households over $400,000 and on corporations and provide myriad programs and tax cuts for working- and middle-class Americans. His ab... Jeffery S. Trinca and Michelle McCaughey
How to Be Eligible for Substantial Tax Savings as a Trader
There are tax advantages for traders who are eligible for trader tax status (TTS). This article provides an overview of how to qualify for TTS (no election is required): Automated trading systems can qualify for TTS, providing the trader is significantly involved ... Robert A. Green, CPA
Stimulus Bill Provides Relief to Plan Participants
Earlier in the year, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was enacted into law when it was signed by President Trump. The act is far-reaching for nearly every aspect of American life and business. This article focuses on Sections 2202 and 2203 of the CARES Act, w... John R. Kirk, JD, and Alex S. Mattingly, JD
Reimbursing Employees’ Business Expenses after the TCJA
Reimbursing Employees’ Business Expenses after the TCJA The Internal Revenue Code does not require employers to reimburse employees’ out-of-pocket business expenses. Employees were not completely out-of-pocket if their employers chose not to reimburse those costs. The... Alice Gilman
Lessons Learned From the 2018 Tax Season
Now that the extended deadlines have passed for 2018 returns, we can take a moment to reflect on the lessons learned throughout a challenging year. Below we have put together five major takeaways we have come across to aid in planning for the 2019 tax year and beyond. To this end, please kee... Megan Bierwirth, CPA
A Primer on the New Excise Tax on Nonprofit Compensation
As a result of the Tax Cuts and Jobs Act, passed at the end of 2017, many nonprofits found themselves facing a significant tax on both the compensation of certain employees and any separation payments, often called “parachute payments,” paid to highly-compensated employees, u... Joan Vines, CPA, Norma Sharara
Financial Planning Using Qualified Opportunity Zones
The Tax Cuts and Jobs Act of 2017 (TCJA) expanded the federal estate, gift, and generation-skipping transfer tax exemption amounts, dramatically changing the landscape of estate tax planning. Less appreciated has been the TCJA’s creation of a new tax-de - ferred investment opportuni... Kevin Matz, CPA, JD
Demystifying §199A and Rental Activities
I read Gil Charney’s analysis of the application of §199A to a rental activity in the September/October 2019 edition of EA Journal (“Your Questions Answered,” pp. 12-13) and I do not agree with it. In that case, I believe the taxpayer clearly qualifies to take the §199A deduction on th... Thomas A. Gorczynski, EA, CTC, USTCP
Tax Change Transforms Charitable Giving Landscape
Donor-advised funds are growing in popularity as a way for individuals and corporations to give to charities. Broad-sweeping changes to the tax code at the end of 2017 sent nonprofits into a state of panic. The doubling of the standard deduct... Kim Moore
When Is a State Refund Taxable
The TCJA Raises Some Questions. As anyone not living under a rock these last 18 months knows, the Tax Cuts and Jobs Act (TCJA) imposed a $10,000 ($5,000 married filing separately) cap on deductions of state and local taxes (SALT)—including income, real estate, property, and s... Gil Charney, CPA/PFS, CFP, CGMA, CMA, MBA
Tax Reform Means Strategic Opportunities For Nonprofits
“The GOP tax reform will devastate charitable giving.”i “Nonprofits are the unintended victims of the new tax bill.”ii “Tax reform could cost charities $13 billion a year.”iii While ... Ellie Burke
The Price of Doing Good
It may seem early to think about #GivingTuesday, but the giving season will be here before you know it. I have a few charities I contribute to every year and also to those that spring into action whenever disaster strikes. Several factors motivate people to make charitable donations, i... Janelle Julien
Does Net Rental Income Quality For the Section 199A Deduction
Does Net Rental Income Quality For The SECTION 199A Deduction? By David M. Fogel, EA, CPA, USTCP One of the changes made by the Tax Cuts and Jobs Act of 2017 (P.L. 115-97) was to introduce a new 20 percent deduction for qualified business income. The deduction is intended to benefit taxpayers who have net business income. One of the questions being debated in the tax preparer community... David M. Fogel, EA, CPA, USTCP
A New Opportunity for Nonresident Aliens: Ownership in an S Corporation Introduction
Changes to U.S. tax law brought about by the 2017 Tax Cuts and Job Acti (TCJA) have affected many longstanding tax planning tools. One favorable change amends the rules regarding the persons who can own shares of an S corporation. Historically, the S corporation election was ... Rusudan Shervashidze, JD; Stanley C. Ruchelman, JD
Impact of Tax Reform on Choice of Entity
The tax reform legislation known as the Tax Cuts and Jobs Act that was passed by Congress and signed by President Trump on December 22, 2017, has significantly changed how many businesses and their tax advisors approach the choice of entity decision. When deciding on how to be cla... Timothy C. Smith, JD
Employees and the Self-employed: A Comparison under the Tax Cuts and Jobs Act
The 2017 Tax Cuts and Jobs Act (TCJA), signed into law on December 22, 2017, is favorable to businesses of all types – corporations, partnerships, and sole proprietorships. The TCJA reduced C corporation taxes to a flat rate of 21 percent, down from a gradua... Gil Charney, CPA/PFS, CFP, CGMA, CMA, MBA
Home Mortgage Interest & TCJA
I have been preparing income tax returns for more than forty years. During that time, there have been many changes as to how nonbusiness interest expense has been treated on Schedule A of a client’s personal income tax returns, Form 1040. In my first couple tax ... C. Dale Boushley, EA, CFP
Post-TCJA Qualified Personal Residence Trust Planning
The sweeping changes of the Tax Cuts and Jobs Act (TCJA) have prompted a reconsideration of many financial plans. The realm of estate planning will be especially affected by the TCJA’s doubling of the federal estate tax exemption. The author presents a hyp... Martin Shenkman, CPA/PFS, JD, AEP
The QBI Effect – §199A
This topic can easily occupy several hours. So, what is all the hype about? Qualified business income (QBI) qualifies a small business to deduct up to 20 percent off its net income. This is income that normally gets reported on Form 1040. This includes sole proprietors, andlords, farmers, p... Ben A. Tallman, EA, USTCP
What Are They Doing with Tax Forms
Please remember that this article was written in late September based on the draft forms available at that time. Some changes may have occurred between that date and the publishing of this article. Line 7 Wages. Line 21 — Other income. Lines 37 and 38 – adjusted gross income (AG... Beth Logan, EA
2018 Tax Law Changes
This year, we get to deal with many tax changes. Members of Congress, as well as presidential candidates, stated that one of their goals was to simplify the tax code (U.S. Code title 26). And simplification has occurred to some extent with Public Law 115-97, also known as the Tax Cuts and Jobs Act of 2017 (TCJA). Congress made some issues simpler while creating at least one new issue that has confused many. Many popular de... David Mellem, EA
2017 Tax Law Changes
So far this calendar year there has been very little action by Congress involving tax matters. Maybe I should say there has been no final action by Congress on tax matters. Lawmakers have discussed and introduced many small bills, but nothing that has reached joint committee. The one exception is the Disaster Tax Relief and Airport and Airway Extension Act of 2017, which is discussed in the cover article. The items that were last exte... David Mellem, EA