News & Analysis as of

Excise Tax

Kohrman Jackson & Krantz LLP

The SECURE Act: Key Changes and Updates

The Setting Every Community Up for Retirement Enhancement Act (SECURE Act) was originally signed into law on December 20, 2019. The Act simplifies the process for businesses to establish “safe harbor” retirement plans, making...more

Baker Donelson

Deadline Nears for Tennessee Franchise Tax Refund Eligibility

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As originally enacted, 2024 Public Chapter 950 provides that if a taxpayer paid the franchise tax based upon the minimum measure tax base found at Tenn. Code Ann. Section 67-4-2108, then the Tennessee Department of Revenue...more

Stikeman Elliott LLP

Une dette partiellement recouvrée par le truchement d’une lettre de crédit ne peut faire l‘objet d’un redressement pour créance...

Stikeman Elliott LLP on

Dans une décision rendue le 6 septembre 2024, la Cour du Québec (la « Cour »), sous la plume de l’honorable Daniel Bourgeois, a statué que la déduction pour créance irrécouvrable dans le calcul de la taxe nette et prévue à...more

Troutman Pepper

$11M Cigarette Drawback Dispute Could Have Significant Consequences for FTZ Importers

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In August, North Carolina-based cigarette importer, King Maker Marketing Inc., challenged a decision by U.S. Customs and Border Protection (Customs) that rejected its claims for more than $11 million in drawback duties as...more

Bradley Arant Boult Cummings LLP

IRS Announces Broad Filing and Payment Extensions to Hurricane Victims; Alabama DOR Offers “Case-by-Case” Relief | Insights &...

On October 1, the Internal Revenue Service (IRS) issued a sweeping notice regarding Hurricane Helene relief. The disaster tax relief covers all individuals and businesses affected by Hurricane Helene, “including the entire...more

McDermott Will & Emery

Contract Manufacturing Versus an Alternating Proprietorship: What Is the Difference?

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We frequently receive questions about the differences between contract brewing and alternating proprietorships, as well as questions concerning the key details the Alcohol and Tobacco Tax and Trade Bureau (TTB) and other...more

Bergeson & Campbell, P.C.

Petitions Filed to Add Several Chemicals to List of Taxable Substances; Comments Due November 4, 2024

On September 3, 2024, the Internal Revenue Service (IRS) announced that petitions have been filed to add the following chemicals to the list of taxable substances...more

Shook, Hardy & Bacon L.L.P.

Understanding the “Flight Department Company” Problem

Owning an aircraft can save company executives time and add prestige to brands. But companies should carefully review the tax consequences, which can be substantial depending on how the aircraft agreement is organized. One...more

Baker Donelson

Business Income and Sales/Use Taxes: What Constitutes a Manufacturer for Certain Tax Incentives

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Manufacturing, as often noted, is the backbone of the American economy. Manufacturers not only innovate and create products that contribute to the betterment of our way of life but are also critically fundamental to our...more

Troutman Pepper

Key Takeaways from the 2024 Federation of Tax Administrators (FTA) Tobacco Tax Annual Conference

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We recently had the opportunity to attend, and present at, the industry portion of the 2024 Federation of Tax Administrators Tobacco Tax Annual Conference in Mobile, Alabama....more

Bricker Graydon LLP

Final Warning: Distributions to Beneficiaries Must Begin in 2025

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The retirement plan industry has been wrestling with the changes to required minimum distribution (RMD) provisions made by the SECURE Act and SECURE 2.0. One issue in particular has caused considerable confusion....more

The Wagner Law Group

A New “One Percent” Tax Issue – Proposed IRS Regulations on the Excise Tax on Stock Repurchases

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The Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”), in an April 2024 follow-up to IRS Notice 2023-2, issued proposed regulations dealing with the one-percent excise tax under Internal Revenue...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Average State Tax Rates for Retail Gasoline/Diesel Fuel Since January 2024: U.S. Energy Information Administration Report

The United States Energy Information Administration (“EIA”) issued an August 20th report titled: Average State Tax Rates for Retail Gasoline and Diesel Fuel Flat Since January 2024 (“Report”)....more

Bergeson & Campbell, P.C.

IRS Announces Correction to Petition to Add Nylon 6 to List of Chemical Substances Subject to Superfund Excise Tax

The Internal Revenue Service (IRS) announced on August 14, 2024, a correction to the stoichiometric material consumption equation in the notice of filing for the nylon 6 petition that was published in the February 22, 2024,...more

McDermott Will & Emery

Weekly IRS Roundup August 5 – August 9, 2024

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Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of August 5, 2024 – August 9, 2024. August 5, 2024: The IRS released Internal Revenue Bulletin 2024-32,...more

Smith Anderson

North Carolina Tax Legislation Enacted in the 2024 Short Session

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This Alert summarizes all the material amendments to Chapter 105 of the North Carolina General Statutes ratified to date during the General Assembly’s 2024 short session....more

Seward & Kissel LLP

1% Stock Buy Back Tax; Little Relief for Issuers Under Final Tax Regulations

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The U.S. Treasury finalized regulations (the “Regulations”), providing rules for public companies subject to the 1% excise tax on certain redemptions of their publicly traded stock (the “Stock Repurchase Excise Tax”). The...more

Saul Ewing LLP

Public Companies Quarterly Update (Q2 2024)

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Welcome to Saul Ewing’s Public Companies Quarterly Update series. Our intent is to, on a quarterly basis, highlight important legal developments of which we think public companies should be aware. This edition is related to...more

Verrill

A Primer on COBRA Continuation Coverage for Health Care Flexible Spending Accounts

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It is a common practice for employers to offer employees a health care flexible spending account (“Health FSA”) option under a cafeteria plan. However, employers (and their COBRA administrators) may not be aware that Health...more

Locke Lord LLP

UPDATE – Form 5330 E-Filing Requirement Headache Relieved for 2024

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In a blog post dated May 10, 2024, we discussed the Form 5330, an excise tax return used by certain employers and individuals to pay penalty taxes with respect to employee benefit plans, must be filed electronically for...more

Troutman Pepper

State Licensing Considerations for Tobacco and Nicotine Product Manufacturers, Importers, Distributors, and Retailers

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In this post, we take a closer look at state tobacco and nicotine product licensing considerations. When approaching state licensing issues, it may be helpful to establish a checklist to help manufacturers, importers,...more

Eversheds Sutherland (US) LLP

Treasury and the IRS issue final regulations addressing the payment and reporting of the stock buyback tax

On June 28, 2024, Treasury and the IRS filed final regulations regarding the payment and reporting aspects of the stock repurchase excise tax under section 4501 of the Code1 (Buyback Tax) (Final Regulations). The Final...more

Dechert LLP

Stock Repurchase Excise Tax Regulations Finalized: Effect on RICs

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On June 28, 2024, the U.S. Department of the Treasury and the Internal Revenue Service issued final regulations on the reporting of the one-percent (1%) stock repurchase excise tax imposed by new section 4501 of the Internal...more

Benesch

Cannabis Industry Quarterly Update: Q2 2024

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Biden administration formally proposes moving marijuana to Schedule 3 - Attorney General Merrick Garland has proposed reclassifying marijuana to Schedule III of the Controlled Substances Act, following President Biden's...more

Davies Ward Phillips & Vineberg LLP

IRS Proposes to Limit Application of Funding Rule on Stock Buyback Excise Tax

In prior bulletins from February 2023 and December 2022, we described a notice from the Internal Revenue Service (IRS) that outlined the rules that the IRS intended to issue with respect to the 1% stock buyback excise tax....more

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