The Tax Cuts and Jobs Act is the largest tax overhaul since the Tax Reform Act of 1986, and there are numerous and significant changes. The changes generally go into effect for tax years beginning after December 31, 2017, and most changes affecting individuals sunset on December 31, 2025. Lawmakers have promised to extend the provisions before the expiration date. A high-level summary of the changes for the taxation of individuals and businesses outlines what these changes mean for you.
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U.S. House and Senate Republicans have reached a deal on tax reform plans, paving the way for passage of tax reform by Christmas. The tax reform plan is certain to make profound changes to the tax code that will affect all U.S. taxpayers. This article describes some of the key provisions of the House and Senate bills that are likely to be included in some form in the final legislation, and how they will affect individuals and businesses in 2017 and beyond.
The Tax Cuts and Jobs Act (“TCJA”) is currently proceeding through Congress. The House and Senate recently passed different versions of the legislation, and a conference committee has been working to reconcile them. While additional steps must be completed after a final bill emerges from the conference committee there is a strong likelihood that this will be enacted by the end of 2017. The TCJA appears to be the most sweeping tax legislation that would be enacted in the past several decades, so it carries a number of tax planning ideas in its wake.
Portfolio companies of private equity and venture capital funds often provide equity-based compensation to employees.
As a special type of equity-based compensation used by limited liability companies profits interests can bring a range of benefits to shareholders. Profits interests can help attract, retain, and reward key employees, and offer an opportunity to share in future earnings, increases in equity value, or proceeds from a sale of the company. When used strategically, profits interests can support business growth and value creation objectives, potentially offering more income and wealth to employees, investors, and shareholders.
From Anita Hill’s allegations in the 1990s to the recent flood of allegations in the news headlines, sexual harassment has been a persistent and pervasive problem. It occurs at all levels, across all occupations. While many companies have policies addressing inappropriate and unwelcome sexual behavior in the workplace, those policies may not be enough. Even the most dedicated businesses should be aware of the vulnerabilities unique to their workplace and explore new tactics to assist in keeping sexual harassment and other unlawful conduct at bay.
The IRS announced increases to the annual gift tax exclusion, and the U.S. estate tax, gift tax, and generation-skipping transfer tax exemptions for 2018. The increases provide high net worth families favorable opportunities for tax-efficient transfers of wealth to their children and other descendants. In addition, the annual gifting can be a simple and effective tool for reducing the size of one’s estate without incurring any gift or estate tax, or reducing one’s estate and gift tax exemption amount.
The destruction caused by Hurricanes Harvey, Irma, and Maria and the wildfires in California have led to an outpouring of charitable gifts and donations. For businesses whose employees were affected by disasters, there is a way to provide relief through an employer-sponsored public charity or private foundation.
Beginning in 2018, the rules for auditing partnership income tax returns will change dramatically. The most significant change is that tax deficiencies determined in a partnership audit may be collected from the partnership itself, unless the partnership elects to “push out” the deficiency to its partners. Partnerships and multiple-member LLCs taxed as partnerships should consider amending their agreements to prepare for the new audit rules, including the partnership examination process. There is no one-size-fits-all approach that will work for all partnerships, however.
The right of publicity allows an individual to control the commercial use of his or her name, image, and other aspects of his or her identity. While this issue has never received much attention in the estate and gift tax world, it recently became notable because of Michael Jackson and the tax case concerning his estate. The concept of putting protections in place to control the commercial use of one’s name and image is not just for superstars. It should also be for many high net worth public figures, who would benefit from planning concerning the right of publicity.