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NOL-Loss Limitation Relief Support Building

Advocates defending the CARES Act NOL-Loss Limitation relief had a busy week.  First, more than 75 national and local trade groups signed a letter in favor of keeping the relief intact.  The broad number of signatories on the letter, drafted by our friends at the National Mining Association, makes clear arguments that the provision was “snuck” into the CARES Act or would only benefit a “narrow” sliver of industries are wholly meritless.  As the letter states:

The ability to carryback NOLs is a critical component of a well-operating income tax system. Indeed, NOL carryback provisions have long been

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2020-06-23T15:09:26+00:00June 23, 2020|

Treasury Addresses 4960 Shortcomings – More Work Needed

When Treasury released its initial Section 4960 guidance last year (Notice 2019-09), S-Corp warned the rules would force many family businesses to dissolve their related charities and/or private foundations to avoid the new tax.  Those concerns remain under the proposed rules published last week, but they are dramatically reduced, so that’s progress.  Here’s the good and the bad on Section 4960.

To recap, tax reform created a new excise tax on million-plus salaries earned by executives at non-profits, or applicable tax-exempt entities (ATEOs).  The targets were the high salaries earned by CEOs at charity hospitals and football coaches

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2020-06-13T18:10:04+00:00June 13, 2020|

The truth about business tax relief in the CARES Act

S-Corp has a defense of the CARES Act NOL/Loss Limitation rules in today’s Washington Examiner.   The piece begins:

For weeks, we’ve heard that the net operating loss and loss limitation relief included in the CARES Act is a “massive” tax break for “hedge funds” that was “snuck” into the bill at the last moment. Those of us who advocated for this provision know none of this is true. Here are the key facts readers need to know.

First, the policy at issue is important, even though it may not seem exciting. It gives businesses suffering net operating

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2020-06-04T15:46:13+00:00June 4, 2020|

More Business Community Support for COVID-19 Reforms

The Main Street Employers coalition today endorsed legislation scheduled to voted on in the House of Representatives tomorrow.  The bill, the Paycheck Protection Program Flexibility Act, was introduced by Representatives Dean Phillips (D-MN) and Chip Roy (R-TX) and would help restore confidence and energy to a program badly in need of both – the Paycheck Protection Program.  As the letter states:

Congress launched the Paycheck Protection Program (PPP) to help employers keep their workers on payroll and, once it was safe to do so, enable them to quickly return to work.  The PPP is arguably the most successful

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2020-05-27T19:43:00+00:00May 27, 2020|

HEROES Act Kicks Businesses When They Are Down

House leadership released their HEROES Act yesterday with a plan to vote on it Friday.  The bill includes an eye-popping $3 trillion in assistance to families, businesses, non-profits, and governments.

One item that stands alone in this tidal wave of spending is the repeal of the NOL and loss limitation relief enacted as part of the CARES Act.  Where almost all the other HEROES Act provisions reduce costs on businesses, this one would hike their taxes.

Let’s be clear — the CARES Act NOL provisions are largely timing benefits – whatever tax benefit businesses receive now will have to be repaid

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2020-05-13T21:25:04+00:00May 13, 2020|