On April 9, 2024, the Department of the Treasury (“Treasury”) and the Internal Revenue Service (the “IRS”) issued two sets of proposed Treasury Regulations related to section 4501, REG-115710-22, which provides guidance on...more
5/21/2024
/ Covered Entities ,
Debt ,
Excise Tax ,
Fair Market Value ,
Foreign Corporations ,
IRS ,
Payment Systems ,
Proposed Regulation ,
Reorganizations ,
Reporting Requirements ,
Special Purpose Acquisition Companies (SPACs) ,
Stock Repurchases ,
Stocks ,
U.S. Treasury
On March 11, 2024, the Biden Administration released the Fiscal Year 2025 Budget, and the “General Explanations of the Administration’s Fiscal Year 2025 Revenue Proposals,” which is commonly referred to as the “Green Book.”...more
3/28/2024
/ Base Erosion and Anti-Abuse Tax (BEAT) ,
Controlled Foreign Corporations ,
Corporate Taxes ,
Digital Assets ,
Excise Tax ,
Foreign Derived Intangible Income (FDII) ,
GILTI tax ,
Green Book ,
Liquidation ,
NIIT ,
Property Tax ,
Tax Policy ,
Tax Reform
This blog post summarizes recent federal bills that have been introduced (but not yet passed), proposals by the Biden Administration, and guidance issued by the Internal Revenue Service with respect to the taxation of digital...more
5/2/2023
/ Biden Administration ,
Brokers ,
Cryptocurrency ,
Decentralized Autonomous Organization (DAO) ,
Digital Assets ,
Excise Tax ,
FATCA ,
Green Book ,
Infrastructure Investment and Jobs Act (IIJA) ,
IRS ,
New Guidance ,
Non-Fungible Tokens (NFTs) ,
Proposed Legislation ,
Reporting Requirements ,
Stablecoins ,
Virtual Currency
On December 27, 2022, the Internal Revenue Service (“IRS”) and the U.S. Department of the Treasury (the “Treasury”) released Notice 2023-2 (the “Notice”), which provides guidance regarding the application of the 1% excise tax...more
On August 16, 2022 President Biden signed the Inflation Reduction Act of 2022 (the “IRA”) into law.
The IRA includes a 15% corporate alternative minimum tax, a 1% excise tax on stock buybacks and a two-year extension of...more
On August 7, the Senate passed the Inflation Reduction Act of 2022 (the “IRA”). The tax provisions in the bill that was passed vary from the bill that was originally released on July 27, 2022 by Senator Joe Manchin (D-W.Va.)...more
After a more than 26 year hiatus, on July 22, 2022, the Superfund chemical excise tax (the “Superfund Chemical Tax”) will again become effective. This excise tax, reinstated by the passage of the Infrastructure Investment and...more
5/13/2022
/ CERCLA ,
Chemicals ,
Contaminated Properties ,
Environmental Policies ,
Excise Tax ,
Infrastructure Investment and Jobs Act (IIJA) ,
Manufacturers ,
Superfund ,
Tax Liability ,
Tax Planning ,
Tax Reform
On January 19, 2021 the Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) published in the Federal Register Final Regulations (the “Final Regulations”) interpreting the excise tax under Section...more
2/3/2021
/ Compensation & Benefits ,
Deferred Compensation ,
Excise Tax ,
Executive Compensation ,
Final Rules ,
Interim Guidance ,
IRS ,
Remuneration ,
Tax Exempt Entities ,
Tax Exemptions ,
Tax Planning
Proposed Regulations under Section 4960 of the Internal Revenue Code provide important guidance for tax-exempt organizations and their affiliates regarding an excise tax on certain executive compensation. The U.S. Department...more
7/29/2020
/ Compensation & Benefits ,
Covered Employees ,
Excise Tax ,
Executive Compensation ,
Grandfathering Rules ,
Independent Contractors ,
Internal Revenue Code (IRC) ,
IRS ,
Proposed Regulation ,
Remuneration ,
Tax Exempt Entities ,
Tax Exemptions ,
Tax Reform
On December 20, 2019, President Trump signed into law changes to the private foundation excise tax on net investment income under Section 4940 of the Internal Revenue Code.
For purposes of Section 4940, net investment...more
As we have previously discussed, the 2017 tax reform act created a new excise tax under section 4960 of the Internal Revenue Code that will affect many tax-exempt employers. The tax is 21% of certain compensation and can be...more
Amanda Nussbaum, a partner in the Tax Department and a member of the Not-for-Profit Group at Proskauer, chairs a comprehensive seminar each fall for non-profits to discuss current developments and topics of interest related...more
1/18/2018
/ 403(b) Plans ,
501(c)(3) ,
501(c)(4) ,
Department of Labor (DOL) ,
Employee Benefits ,
Excise Tax ,
Executive Compensation ,
Investors ,
IRS ,
New Rules ,
Partnerships ,
Tax Audits ,
Tax Exemptions ,
Tax Reform ,
Tax-Exempt Bonds
On Friday, December 22, 2017, President Trump signed into law H.R. 1, the $1.5 trillion tax reform law known as the Tax Cuts and Jobs Act (the “Tax Reform Act”). This alert describes provisions of the Tax Reform Act that we...more
1/4/2018
/ Colleges ,
Educational Institutions ,
Excise Tax ,
Highly Compensated Employees ,
Net Operating Losses ,
Sports ,
Tax Deductions ,
Tax Exempt Entities ,
Tax Reform ,
Tax-Exempt Bonds ,
UBTI ,
Universities
On Friday, December 15, 2017, the Congressional conference committee released a revised version of the Tax Cuts and Jobs Act (the "Tax Bill"). The Senate and the House are expected to vote on the Tax Bill this week. The Tax...more
12/21/2017
/ Alternative Minimum Tax ,
Carried Interest Tax Rates ,
Controlled Foreign Corporations ,
Corporate Taxes ,
Educational Institutions ,
Excise Tax ,
Section 501 ,
Tax Deductions ,
Tax Rates ,
Tax Reform ,
UBTI
Early on December 2, 2017, the Senate passed the Tax Cuts and Jobs Act (the “Senate Bill”). This blog entry describes certain provisions of the Senate Bill that would have the most significant impact on the nonprofit...more
12/8/2017
/ Charitable Deductions ,
Colleges ,
Educational Institutions ,
Excise Tax ,
Highly Compensated Employees ,
Logos ,
Sports ,
Tax Deductions ,
Tax Exempt Entities ,
Tax-Exempt Bonds ,
UBTI ,
Universities ,
Ways and Means Committee
Over the last several days, there have been significant developments relating to the Tax Cuts and Jobs Act, the pending tax reform legislation in Congress. On Thursday, a detailed summary of the Senate Finance Committee’s...more
11/15/2017
/ 501(c)(3) ,
Colleges ,
Educational Institutions ,
Excise Tax ,
Highly Compensated Employees ,
IP License ,
IRS ,
Logos ,
Pending Legislation ,
Sports ,
Tax Deductions ,
Tax Exempt Entities ,
Tax Reform ,
Tax-Exempt Bonds ,
UBTI ,
Universities ,
Ways and Means Committee
Over the last several days, there have been significant developments relating to the Tax Cuts and Jobs Act, the pending tax reform legislation in Congress. On Thursday, a detailed summary of the Senate Finance Committee’s...more
11/14/2017
/ Charitable Deductions ,
Colleges ,
Educational Institutions ,
Excise Tax ,
Football ,
Highly Compensated Employees ,
IP License ,
IRS ,
Logos ,
Sports ,
Tax Deductions ,
Tax Exempt Entities ,
Tax Reform ,
Tax-Exempt Bonds ,
UBTI ,
Universities ,
Ways and Means Committee