On September 3, the Department of the Treasury issued final regulations regarding the base erosion and anti-abuse tax (“BEAT”) imposed on certain large corporate taxpayers with respect to certain payments made to foreign related parties.[1] The final regulations provide guidance on a number of areas, an important section of the regulations pertains to the
Updates in IRS’ Ongoing Enforcement Against Syndicated Conservation Easements
The IRS has been closely scrutinizing syndicated conservation easements since December 2017. In 2020, there have been some important developments in this area. First, in June 2020 the IRS announced a time-limited settlement opportunity for certain docketed Tax Court cases. Second, in August and September 2020, the Senate Finance Committee issued a report and data
Key Tax Considerations For Cos. With Remote Employees
Mornings are different, all around the country — and world.
Due to travel limitations imposed in response to the COVID-19 crisis, instead of taking trains, buses and cars to commute to work, people are going to work at home. This new work location has created concerns for both businesses and individuals as to what authority
Supreme Court Decisions Regarding State and Congressional Subpoenas for Presidential Financial Records
In two decisions issued on July 9, 2020, the Supreme Court addressed challenges to several subpoenas that sought the President’s financial records, including tax returns. In a case concerning a subpoena issued by a state district attorney’s office, the Court held that a sitting president is not categorically immune from issuance of a subpoena in
Tax Court Hearings Will Be Conducted Remotely
U.S. Tax Court proceedings will soon resume, however, they will do so entirely remotely until further notice as a result of the COVID-19 pandemic. On May 29, the Tax Court announced that via Press Release that all proceedings would be conducted remotely, and that proceedings would be available to the public via telephone dial-in. The
IRS Issues Proposed Regulations on Deductions of Certain Settlement Payments to Governments
On May 12, 2020, the IRS released proposed regulations (REG-104591) affecting the deductibility of payments made to governments in settlement of alleged violations of law. The proposed regulations interpret Sections 162(f) and 6050X of the Internal Revenue Code of 1986 (the Code), as amended and introduced by the Tax Cuts and Jobs Act (TCJA), respectively.
Federal, State Tax Authority Enforcement-Related Responses to Covid-19
R&G attorneys outline some practical considerations for taxpayers and their advisers in light of federal and state taxing authorities’ enforcement-related responses to COVID-19 in an article published in Bloomberg Tax.
Please click here to read the full article.
Federal Court Holds Microsoft Documents Not Privileged, Falling Within Tax Shelter Exception
On January 17, 2020, a federal district court in Washington ordered Microsoft Corporation (“Microsoft”) to produce many documents to the Internal Revenue Service (“IRS”) that Microsoft asserted were privileged. Microsoft had argued that most of the documents were protected by protected by the work product doctrine and the federally authorized tax practitioner privilege set forth
Podcast: State Taxation of Digital Health Products
In this Ropes & Gray podcast, Isabelle Farrar, an associate in the tax controversy group, is joined by Elizabeth Smith, counsel in the tax controversy group, and Jennifer Romig, a partner in the health care group, to discuss the state taxation of digital products, an evolving area in several states. Specifically, they will discuss
IRS Issues New Guidance on Cryptocurrencies for the First Time in Four Years
On October 9, 2019, IRS released Revenue Ruling 2019-24, 2019-44 IRB, which provides new guidance on the Service’s handling of cryptocurrencies and is the first of such guidance to be released since March 2014 when IRS issued Notice 2014-21. The ruling was issued after prodding from a bipartisan congressional coalition. The ruling, and attached Frequently