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Corporate Governance and D&O Indemnification

September 12, 2017 by Cristin Keane

Corporate Governance Tax exempt organizations are generally more aware of their corporate governance policies and procedures now than they have been in the past in large part thanks to the revamping of the IRS Form 990. Many organizations have had a knee-jerk reaction to the questions on the Form 990 regarding which policies a tax exempt organization has in place by simply adopting them all, quickly, without giving much thought as to whether they are necessary or ... Keep Reading »

Filed Under: Tax Exempt Organizations

Charitable Solicitation Registration

September 5, 2017 by Cristin Keane

Many states require any nonprofit organization that plans to solicit donations for a charitable purpose within the state to register with the state (and pay a filing fee) for consumer protection purposes prior to soliciting donations. A “charitable” purpose is generally defined much more broadly for these purposes than it is for federal income tax purposes. Although this can become onerous and expensive for organizations that solicit donations in multiple jurisdictions, ... Keep Reading »

Filed Under: Tax Exempt Organizations

Statute of Limitations and International Reporting Obligations – Be Sure to Close the Door!

August 29, 2017 by Larry Kemm

When it comes to federal tax matters, an important aspect of risk management includes making sure that the statute of limitations on tax assessments will expire.  This is particularly important for tax years where there is a potentially contentious issue or debatable reporting position taken on the treatment of a material item.  However, increasing reporting burdens imposed on international activities coupled with exceptions to the statute of limitations heighten the ... Keep Reading »

Filed Under: Federal Income Tax, International Tax, Tax Controversy

Foreign Partner’s Gain on Disposition of U.S. Partnership Interest Is Not Taxable

August 22, 2017 by Larry Kemm

After great anticipation, the Tax Court has held that gain realized by a foreign corporation upon the redemption of its interest held in a U.S. partnership is non-U.S. source capital gain that was not effectively connected with a U.S. trade or business. As such, U.S. income tax could not be imposed on the gain. Although the wheels of justice often turn slowly, the Tax Court ultimately got taxpayers to the right answer in Grecian Magnesite Mining, Industrial & ... Keep Reading »

Filed Under: Federal Income Tax, International Tax

The DOL’s Fiduciary Rule

August 15, 2017 by Lowell Walters

This blog post targets employers who sponsor retirement or welfare plans and are concerned about their responsibility to stay informed and track the status of the Department of Labor’s “Fiduciary Rule.” This issue is more subjective than those about which I normally write, but with so many regulatory obligations, I hope you agree that it is worthwhile to decide what to prioritize. Before going further, I warn any financial advisors seeking additional insights into the ... Keep Reading »

Filed Under: Employee Benefits, Federal Income Tax

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A blog focused on recent developments in tax law by the attorneys of Carlton Fields.

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