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McBrayer Blogs

Showing 17 posts tagged IRS.

Understanding the Additional Medicare Tax and Medicare Surtax on Net Investment Income

The IRS began accepting 2013 tax returns today. Over the past year, there has been a lot of debate about the impact of the 0.9% Additional Medicare Tax and the 3.8% Medicare surtax on net investment income ("surtax") , but taxpayers may not have paid much attention to the new taxes...until now. More >

A Tip For Dealing with Automatic Gratuities in 2014

A new Internal Revenue Service ("IRS") rule, set to take effect in January 1, 2014, may eliminate a common practice in the restaurant industry. Often, an automatic gratuity, normally 18%, is added to the bill of large parties. Automatic gratuities were adopted by restaurant employers as a means for ensuring that servers do not get stiffed on expensive bills. Servers heavily rely on tips to supplement a salary that is often times lower than the federal minimum wage. More >

The IRS/Treasury Department Announcement & Estate Planning

On August 29, 2013, the Treasury Department and the Internal Revenue Service ("IRS") issued Revenue Ruling 2013-17. The ruling establishes that the IRS will recognize same-sex marriages for all federal tax purposes regardless of where the couple lives, as long as the couple was married in a jurisdiction that recognizes such marriages. So, for example, if a couple was married in Connecticut (a recognizing state), but now live in Kentucky (a non-recognizing state), they will receive the same federal tax treatment as heterosexual couples residing in Kentucky. The ruling clarifies that a "state of celebration" approach will be used versus a "state of residence" rule. Treasury Secretary Jacob J. Lew says the decision "[a]ssures legally married same-sex couples that they can move freely throughout the country knowing that their federal filing status will not change." It is important to note that, according to the ruling, "marriage" does not include a registered domestic partnership, civil union or other similar arrangement. The ruling applies to all federal tax provisions where marriage is a factor, including: filing status, estate tax exemptions, personal and dependency exemptions, the standard marriage deduction, IRA contributions, earned income tax credits and employee benefits. More >

Could Your Business Qualify for a 179D Green Building Tax Break?

If your company has built a new facility or upgraded an existing one anytime in the past six years, you might find that you qualify -- at least partially -- for a tax break of up to $1.80 per square foot under federal tax code section 179D, or the energy efficient commercial buildings deduction. This could be the case even if you had no concrete intention to focus on green building standards at the time. More >

Did You Notify the IRS When Your Business Moved?

If your business or corporation has changed addresses in the past few years, are you certain the IRS was notified about your new address? If you’re not certain, you should check, or you could find yourself in an awkward situation if you’re ever involved in an IRS tax controversy. As a recent ruling by the U.S. Tax Court underscores, you could lose your right to challenge a federal tax lien if you missed the notification when it was misaddressed. More >

IRS Work Group to Explore Definition of Real Estate for Taxation

In light of revelations such as Apple's ability to avoid many federal corporate income taxes, the IRS and the Treasury Department may be under pressure to reconsider some tax rules in order to prevent an erosion of the corporate tax base. Recently, the IRS notified information storage company Iron Mountain that it is "tentatively adverse" to its characterization of its racking storage units as real estate. Iron Mountain is seeking to convert itself from a corporation into a Real Estate Investment Trust, or REIT, to minimize its business taxation. More >

Coalition Sues Treasury to Stop IRS Tax Penalties Under ACA

In one of at least seven current lawsuits involving the Affordable Care Act, a coalition of 12 businesses and individuals has filed suit against the Department of the Treasury seeking to halt implementation of ACA tax penalties in states that haven't set up health insurance exchanges. The IRS issued new tax rules in 2012 in anticipation of the health care law, and the coalition claims some of the rules directly contradict Congress's intent. More >

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