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Courts Overvalue S Corps

For over 15 years, the IRS has discriminated against S Corporations when it comes to estate taxes and other matters where business valuation plays a role and, for 15 years, S Corp has been fighting them on it.

Our S-Corp advisor Nancy Fannon has written extensively on the subject. In 2007, we told you about her book, The Comprehensive Guide to S Corporation Valuation, which did a great job of laying out the entire issue.

Now, Nancy has followed up with Taxes and Value: The Ongoing Research and Analysis Relating to the S Corporation Valuation Puzzle. You can purchase the book

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2019-02-01T19:59:05+00:00May 14, 2015|

Big Week for S-Corp

It’s been a busy and productive week for team S-Corp!  First, we had two S-Corp representatives testifying before congressional committees on Wednesday. Second, with the Finance Committee working group comments due on April 15th, we made three separate submissions to the Business, Individual, and International working groups. And finally, as part of the working group submissions, we released the 2015 version of our “Pass Through” tax reform principles letter with 118 trade groups signing on!

Here’s a quick summary of each of these efforts.

S-Corp Testifies

In an S-Corp first, we had two witnesses testifying at congressional hearings on Tax Day.

Board

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2019-02-01T20:00:10+00:00April 20, 2015|

Kleinbard on Tax Reform

Edward Kleinbard, the former Director of the Congressional Budget Office, has a piece in Bloomberg on the prospects of corporate tax reform that makes some interesting points worth considering.

To start, he argues that Congress should pass corporate-only tax reform and pass through businesses can just convert to C corporation status and access the new lower rates.  He’s made this case previously, and we address it here,

But why is corporate-only reform necessary?  Well, it’s just impossible to reduce pass through rates these days:

Reducing top individual tax rates is a nonstarter. The Barack Obama administration would be adamantly opposed, and

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2019-02-01T20:00:10+00:00March 6, 2015|

House Passes S-Corp Reforms!

Last week was a good one for S corporations!  On Friday, the House voted 272 to 142 to adopt long-time S corporation Association priorities – the built-in gains tax relief and the charitable contribution basis adjustment for S corporations as part of H.R. 636, the America’s Small Business Tax Relief Act of 2015.  

These provisions were originally sponsored by Representatives Dave Reichert (R-WA) and Ron Kind (D-WI) in bills making permanent the five year built-in gains

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2019-02-01T20:00:10+00:00February 19, 2015|

Should Main Street Businesses Elect C Corp Status? No!

The idea that corporate-only tax reform isn’t so bad because Main Street businesses can elect C corporation status has been argued for years. But should Congress reduce the corporate tax rate with the expectation that pass-through businesses will just switch to C status to access the lower rates?   The answer is no.  Here are the main points:

  • It’s the opposite of tax reform.  The corporate-only approach to tax reform is effectively “anti-tax reform.” It will return us to the pre-1986 era, when corporate tax rates were significantly lower than individual rates and tax gaming and income sheltering were rampant.
  • It increases the

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2019-02-01T20:00:10+00:00February 4, 2015|