Uncategorized - The S Corporation Association

Treasury’s Proposed Minority Discount Rules Finally Released

The regulatory assault continues – this time in the form of newly proposed rules out of Treasury to increase valuations – and taxes – on family businesses when they are transferred as part of an estate.

These are the long-awaited rules Treasury officials foreshadowed as far back as the Spring of 2015, and they appear to be consistent with the Obama budget proposal offered back in 2012 that was estimated to raise $18 billion over ten years!

While the rules were just released yesterday, their impact on family partnerships and estate plans is already the hot topic of debate with …

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admin2019-02-01T19:56:24+00:00August 3, 2016|

S-Corp Mod Bills Introduced!

Good news on a hot day in July! The 2016 version of the “S Corporation Modernization Act” has been introduced the House and the Senate. Led by Senators Thune (R-SD) and Cardin (D-MD) and Representatives Reichert (R-WA) and Kind (D-WI), the bill includes a half-dozen provisions designed to improve the rules that govern S corporations.

You can see the entire bill here
You can see the section-by-section analysis here
You can see the S-Corp press release here

Yesterday’s introduction of companion bills is the first time in a while that the S corporation community has had this important …

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admin2019-02-01T19:56:24+00:00July 14, 2016|

S-Corp Submits 385 Comments

The debate over Section 385 continues. The comment period ends today, and we sent in our comment letter along with the rest of the business community.

As we noted in our submission, the 385 regulations were advertised as a response to base erosion practices, but the rule itself is not limited to international transactions. Nor is it limited to businesses of a certain size. Instead, it targets the related party debt of domestic businesses of all sizes. As our comments state:

Since their release, the broader business community has raised numerous concerns regarding scope of the Proposed Regulations, including the statutory authority …

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admin2019-02-01T19:56:24+00:00July 7, 2016|

House Tax Blueprint

You have to feel for the House tax writers. They spent months putting together a plan to reform the tax code and now all anybody wants to talk about is Brexit and Section 385. That’s too bad, because the plan outline released last week is pretty good.

You can read the whole outline here, plus there’s been lots of discussion among the tax experts on how it would help to simplify tax collections while encouraging more business investment and job creation:

Tax Foundation: “Details of the House GOP Tax Plan”
Tax Policy Center: “Ryan Proposes Big Tax Cuts …

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admin2019-02-01T19:56:24+00:00June 28, 2016|

More on 385

S-Corp continues its efforts to educate policymakers about the pending Section 385 rules and the harm they will cause to domestic employers and American jobs starting…well, now.

That’s the dirty little secret about the 385 rules. Released as part of a package of “anti-inversion and base erosion” tools, much of their impact will be on normal domestic business practices instead. All that is necessary to be subject to the rule is 1) a group of investors that controls two or more corporations and 2) a loan or cash pooling between members of the group.

That’s it. No international component required. And the …

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admin2019-02-01T19:56:24+00:00June 23, 2016|