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A Qualified Opportunity Zone Trap for the Unwary

Posted 6:00 PM by
When depreciable and real property (usually buildings and equipment) used in a trade or business and held for more than one year is sold, the result is typically something called “Section 1231 gain.” Absent recapture rules, this gain is treated as capital gain, but it must first be netted against any losses from other sales of 1231 property during the tax year.
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Determining the Category of Filer for Form 5471 With Respect to Ownership of Foreign Corporations

Posted 5:30 PM by
The Tax Cuts and Jobs Act (“TCJA”) that was passed at the end of 2017 was meant to simplify the tax code. However, in the international tax realm, the complexity has only increased. This is certainly true of the revised form and instructions for Form 5471, Information Return of U.S. Persons With Respect to Certain Foreign Corporations, as of December 12, 2018 for the 2018 tax filing season. These revisions significantly change the form, and the instructions expand the categories of filers for this form.
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State & Local Tax Update: Indiana Follows Trend, Adopts Market-Based Sourcing

Posted 8:45 PM by
Over the past five years, many states have moved from cost-of-performance methodologies to market-based sourcing, modifying sourcing of receipts (other than of tangible personal property) and creating additional tax revenue from out-of-state service providers. On May 1, 2019, Indiana followed suit when Gov. Eric Holcomb signed Senate Bill 563 into law.
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State & Local Tax Update: Indiana Increases Business Personal Property Tax Exemption

Posted 12:05 PM by
As is the case after every legislative session, taxpayers will see gains and losses. When it comes to business personal property tax in Indiana, taxpayers will certainly gain.
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How Wayfair v. South Dakota Changed M&A Due Diligence

Posted 5:50 PM by
The U.S. Supreme Court recently shifted one of the foundational principles that determine how a state can tax business transactions within its boundaries. This change will have a cascading effect in the deal space. In South Dakota v. Wayfair (Wayfair), the court held that an out-of-state company could establish nexus by exceeding certain thresholds of dollar volume or number of sales into the state, a standard known as “economic nexus.” Moving forward, potential buyers and sellers need to understand the new complexities the Wayfair decision has added to the due diligence process. It is more important than ever to have deep knowledge of what the target business sells, where it has established nexus, and whether or not it has complied with obligations in those states.
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IRS Sheds Brighter Light on Opportunity Zones

Posted 2:45 PM by
The IRS has issued a much-anticipated second round of proposed regulations better outlining the framework of the Qualified Opportunity Zone (QOZ) program. Operating businesses that have been waiting on the QOZ sidelines should now have enough clarity to begin to tap into the program’s benefits.
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Dispelling Myths About Sales Tax Obligations After the Wayfair Decision

Posted 7:30 PM by
It’s rare for a Supreme Court tax case to make headlines in the mainstream media, but that’s just what happened last year when the court announced its decision in the case of South Dakota v. Wayfair (Wayfair). What most folks “learned” from the coverage was actually full of half-truths and myths, the biggest one being that Internet retailers like Amazon would have to start “charging customers” state sales tax on their purchases. As with most news reports about taxes, reporters did their best to summarize a complex issue, but many taxpayers were left confused about how the change affects them. This confusion is now playing out in the day-to-day operations of businesses across the country, leaving many out of compliance when they otherwise thought they were.
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Replicating Success: How Opportunity Zones Are Reshaping the Investment Landscape

Posted 1:09 PM by
The economic divide in large cities continues to expand. Despite a financial resurgence following the recession that occurred between 2007 and 2009, the system wasn’t fixing itself. Enter the Qualified Opportunity Zone (QOZ) program, a creation of policy think tank Economic Innovation Group (EIG) designed to boost development in economically distressed communities. On March 13 at the Conrad Hotel in Indianapolis, Katz, Sapper & Miller and Ice Miller LLP hosted a seminar that took a closer look at the program, “Seizing the Opportunity: The Vision and Forecast for Opportunity Zones.”
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Seizing the Opportunity: The Vision and Forecast for Opportunity Zones

Posted 2:38 PM by
In an effort to boost development in economically distressed communities, many federal incentive programs have been created over the years, such as the New Markets Tax Credit, Empowerment Zones, and more. But the newest investment incentive may have the most significant tax benefits yet: Qualified Opportunity Zones.
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IRS Releases Final Regulations on the 20 Percent Pass-Through Deduction

Posted 1:30 PM by
Just in time for the tax filing season, the IRS has released nearly 250 pages of final regulations regarding the §199A pass-through deduction. The IRS issued previous guidance on the §199A pass-through deduction in August 2018, however, even this final guidance has not answered all questions related to the new deduction. Even so, there are many significant updates in the IRS’s final regulations, which are explained below.
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