Recent Articles

May 2023

May 25 - Notice 2023-43: Guidance regarding expansion of employee plans compliance resolution system under Secure Act 2.0

May 25 - IRS announces tax relief for taxpayers affected by Typhoon Mawar (Guam and Northern Mariana Islands)

May 25 - Minnesota: Omnibus tax package with revenue raisers enacted

May 24 - KPMG report: Analysis and observations of proposed section 367(d) regulations addressing certain intangible property repatriations

May 24 - IRS expanding determination letter program to include certain section 403(b) plans

May 22 - U.S. Tax Court: Gift tax assessment time-barred (updated with KPMG observations)

May 22 - Application of the FIRPTA regularly traded exception to stock held by partnerships (Chief Counsel legal advice memo)

May 22 - Rev. Rul. 2023-11: Interest rates, tax underpayments and overpayments remain same for third quarter 2023

May 22 - KPMG report: Domestic content bonus credit guidance under Notice 2023-38

May 22 - KPMG report: Treatment of captive insurance arrangements as insurance companies for tax purposes

May 22 - KPMG reports: Minnesota (omnibus tax package); Montana (bill to exclude tax haven entities); Tennessee (tax changes enacted)

May 19 - U.S. Supreme Court: IRS summonses issued to banks of taxpayer’s wife and taxpayer’s lawyers upheld

May 17 - U.S. Tax Court: Expenses under orphan drug credit under section 45C must also be taken in account in determining research credit under section 41

May 16 - Rev. Proc. 2023-23: HSA inflation-adjusted amounts for 2024

May 16 - IRS practice units: Interest expense limitations under sections 267(a)(3) and 163(j); dividend distribution with a debt

May 16 - IRS report on potential free e-filing system; pilot program for 2024 filing season

May 16 - U.S. Tax Court: Cost of goods sold includes only excise taxes actually paid in determining excise tax liability

May 15 - Interim final rule pending OIRA review: State and local fiscal recovery funds (COVID-19)

May 15 - KPMG report: Taxation of paid or reimbursed travel expenses and determination of employee’s tax home

May 15 - KPMG reports: Colorado (retail delivery fee); Florida (federal conformity, sales and use tax); Indiana (corporate income tax, sales and use tax)

May 12 - Notice 2023-38: Domestic content bonus credit guidance under sections 45, 45Y, 48, and 48E

May 10 - U.S. Tax Court: “Qualified research” test under section 41, summary judgment denied

May 10 - Notice 2023-39: Forthcoming proposed regulations regarding arbitrage treatment of certain guarantee funds under section 148

May 10 - Maryland Supreme Court dismisses challenge to digital advertising tax

May 9 - Proposed regulations: Information reporting and transfer for valuable consideration rules for section 1035 exchanges

May 8 - Third quarter update to IRS 2022-2023 Priority Guidance Plan

May 8 - KPMG report: Progress on improving mutual agreement procedure

May 8 - KPMG reports: Minnesota (proposed mandatory worldwide combined reporting); New York (business income and capital tax changes); Pennsylvania (treatment of electricity for income apportionment purposes)

May 5 - IRS provides tax relief for taxpayers in California affected by February storms

May 4 - Notice 2023-36: Request for recommendations for IRS 2023-2024 Priority Guidance Plan

May 3 - U.S. Tax Court: Receipt of profits interest in partnership in exchange for services not taxable

May 3 - IRS announces QI / WP / WT application and account management system (QAAMS) fully transitioning to new sign-in system

May 3 - KPMG report: COVID-19 disaster relief payments under section 139

May 2 - Proposed regulations: Section 367(d) rules for certain repatriations of intangible property

May 2 - IRS provides tax relief for taxpayers in Florida affected by tornadoes, severe storms, and flooding

May 1 - KPMG reports: Arizona (sales tax processing exemption); Michigan (delivery and installation charges subject to sales or use tax); Tennessee (excise and franchise tax changes pending enactment)

April 2023

Apr 28 - KPMG report: State and local tax, technology-related developments (table, first quarter 2023)

Apr 24 - KPMG report: Effect of IRS funding on information reporting

Apr 24 - KPMG reports: Colorado (effect of CARES Act); Missouri (sales and use tax manufacturing exemption); Virginia (federal conformity)

Apr 24 - IRS provides tax relief for taxpayers in Oklahoma affected by storms, straight-line winds, and tornadoes

Apr 21 - Rev. Proc. 2023-22: Nationwide average purchase price, residences located in United States

Apr 20 - U.S. Tax Court: Annuity payments received from charitable remainder trusts taxable as ordinary income

Apr 20 - Rev. Proc. 2023-21: Foreign insurance companies; effectively connected net investment income (2022)

Apr 18 - IRS provides tax relief for taxpayers in Indiana affected by tornadoes and severe storms

Apr 17 - KPMG reports: Arkansas (corporate rate reduction, throwback rule phase out); Kentucky (definition of telemarketing services); Washington State (B&O deduction for investment income)

Apr 14 - IRS releases tax collection data for fiscal year 2022

Apr 14 - Rev. Proc. 2023-15: Safe harbor method of accounting for expenses related to natural gas transmission and distribution property

Apr 13 - KPMG report: Initial observations on Notice 2023-29 guidance on determining energy communities for IRA tax credits

Apr 12 - Rev. Rul. 2023-8: Prior ruling relating to expensing of research and experimentation expenditures obsolete

Apr 10 - Proposed regulations: Micro-captive listed transactions and micro-captive transactions of interest

Apr 10 - Proposed regulations: Rules for supervisory approval of penalties

Apr 10 - Notice 2023-30: Safe harbor deed language for charitable conservation easements under Secure Act 2.0

Apr 10 - IRS provides tax relief for taxpayers in Tennessee affected by tornadoes and severe storms

Apr 10 - KPMG reports: Colorado (notice of tax credits to employees); Georgia (federal tax conformity); New Mexico (tax package vetoed); West Virginia (apportionment changes)

Apr 7 - Announcement 2023-12: Revised Form 3115 for applications for change in accounting method

Apr 7 - U.S. Treasury release: No change to list of countries cooperating with international boycott

Apr 6 - IRS releases strategic operating plan for use of IRA funds

Apr 5 - Foreign taxes paid on accumulated earnings offset under section 965 are creditable (federal district court)

Apr 4 - Notice 2023-29: Guidance on requirements for energy community production and investment tax credits under IRA

Apr 3 - Notice 2023-31: Extension of transition period for single-country exception documentation requirement under section 903

Apr 3 - U.S. Tax Court: IRS lacks statutory authority to assess penalties under section 6038(b) for willful failure to file Form 5471

Apr 3 - IRS provides tax relief for taxpayers in Arkansas affected by tornadoes and severe storms

Apr 3 - KPMG reports: Kentucky (sales and use tax); Mississippi (changes related to section 174); Mississippi (sales tax treatment of computer software); Washington State (capital gains tax is permissible excise tax)

March 2023

Mar 31 - Proposed regulations: Guidance on new clean vehicle credit

Mar 29 - Announcement 2023-10: APMA program, APA statistics for 2022

Mar 29 - Rev. Rul. 2023-2: No basis step-up for assets of irrevocable grantor trust not included in grantor’s estate

Mar 28 - IRS provides tax relief for taxpayers in Mississippi affected by tornadoes and severe storms

Mar 28 - KPMG report: State, local tax changes (first quarter 2023, table format)

Mar 27 - Proposed regulations: Reinstated Superfund chemical tax and Superfund imported substance tax

Mar 27 - Notice 2023-28: Superfund excise taxes, extension of relief regarding failure to deposit penalties

Mar 27 - Rev. Proc. 2023-20: Clarification of date on which substances added or removed from Superfund list

Mar 27 - IRS guidance on electronic filing of Form 8038-CP for bond issuers requesting tax credit payments

Mar 27 - KPMG report: Notable highlights from section 48D proposed regulations (advanced manufacturing investment credit)

Mar 27 - KPMG report: Stock repurchase excise tax and funding rule considerations for inbound taxpayers

Mar 27 - KPMG reports: New Jersey (proposed changes to corporate tax law); Rhode Island (virtual services subject to sales and use tax); South Dakota (temporary reduction in sales tax rate)

Mar 24 - Beneficial ownership information reporting guidance

Mar 24 - IRS provides tax relief for taxpayers in New York affected by winter storms, snowstorms

Mar 22 - IRS provides revised FAQs on Form 1099-K

Mar 21 - Proposed regulations: Investment tax credit for investments in semiconductor manufacturing

Mar 21 - Notice 2023-27: Guidance and request for comments on treatment of certain NFTs as section 408(m) collectibles

Mar 20 - KPMG reports: California (unclaimed property); Colorado (real estate sales and receipts factor); Florida (costs of performance sourcing rule); Louisiana (sales and use tax informational report); Montana (single receipts factor)

Mar 17 - IRS provides FAQs on whether nutrition, wellness, and general health costs are medical expenses

Mar 17 - IRS provides tax relief for taxpayers in California affected by March storms, flooding, landslides, mudslides

Mar 17 - KPMG report: Crypto crackdown—information reporting in a digital asset world

Mar 17 - KPMG report: FASB proposed accounting standards update addresses requests for improved tax disclosures

Mar 15 - Notice of filing of petition for addition of cellulose acetate (degree of substitution = 1.5 – 2.0) to Superfund list

Mar 15 - California: Guidance concerning unclaimed property voluntary compliance program

Mar 14 - Notice 2023-26: Housing expense limit adjustments, foreign locations for 2023

Mar 14 - Proposed regulations concerning Superfund chemical tax and Superfund imported substance tax; OIRA review completed

Mar 13 - Werfel sworn in as new IRS Commissioner

Mar 13 - Rev. Proc. 2023-19: Waiver for individuals electing to exclude foreign earned income

Mar 13 - KPMG reports: Minnesota (sales tax guidance for marketplace providers); Texas (apportionment for franchise tax); Wisconsin (online ticket marketplace liable for sales and use tax)

Mar 10 - AOD 2023-1: IRS acquiescence to Fifth Circuit decision, tax on exports of domestic crude oil held unconstitutional

Mar 10 - Ninth Circuit: Tax return not considered filed when sent in response to IRS inquiry; Tax Court affirmed

Mar 9 - Notice 2023-24: Credit for production of electricity from advanced nuclear power facilities under section 45J

Mar 9 - Rev. Proc. 2023-17: Indexing adjustments for amounts used to calculate employer shared responsibility payments

Mar 9 - Senate confirms Werfel to be IRS Commissioner

Mar 7 - Notice 2023-23: Relief for reporting required minimum distributions for 2023

Mar 7 - Seventh Circuit: Research tax credit disallowed, Tax Court affirmed

Mar 6 - KPMG reports: District of Columbia (sales tax on resold items); multistate (escheatment of abandoned property); multistate (corporate surtaxes)

Mar 2 - Finance Committee advances Werfel to be next IRS Commissioner

February 2023

Feb 28 - U.S. Supreme Court: Penalty for FBAR violation applies on per-report, not per-account basis

Feb 27 - Notice 2023-21: Relief with respect to lookback periods for returns with postponed due dates (COVID-19)

Feb 27 - KPMG report: Corporate Alternative Minimum Tax considerations and FAQs (updated after Notices 2023-7 and 2023-20)

Feb 27 - KPMG reports: Mississippi (decoupling from section 174); Pennsylvania (income-producing activity test); Washington State (capital gains excise tax); multistate (federal tax conformity)

Feb 24 - Proposed regulations: Use of forfeitures in qualified retirement plans

Feb 24 - Proposed regulations concerning information returns of cryptocurrency brokers; OIRA review completed

Feb 24 - IRS provides tax relief for “disaster area taxpayers” in Alabama, California, Georgia

Feb 23 - Final versions of Form 5500 series, annual employee benefit plan reports

Feb 23 - Pennsylvania: “Benefits-received” interpretation of income-producing activity test upheld (Supreme Court decision)

Feb 22 - Final regulations: Single-entity treatment of consolidated groups for purposes of section 951(a)(2)(B) in context of section 959(b) distributions

Feb 21 - Final regulations: Electronic-filing requirements for specific tax returns, other documents

Feb 21 - KPMG report: Observations from Notice 2023-20 (guidance regarding certain insurance related issues under corporate alternative minimum tax)

Feb 20 - KPMG report: Observations from Notice 2023-18 (guidance on qualifying advanced energy project credit under section 48C)

Feb 20 - KPMG reports: California (unclaimed brokerage accounts); Louisiana (cloud-based storage plans not subject to sales tax); Louisiana (manufacturing machinery and equipment sales tax exclusion); Tennessee (deduction for FDII)

Feb 17 - Notice 2023-20: Interim guidance regarding certain insurance related issues under corporate alternative minimum tax (CAMT)

Feb 13 - IRS announces changes to bridge phase of Compliance Assurance Process (CAP) program

Feb 13 - IRS guidance on state tax refunds, general welfare and disaster relief payments

Feb 13 - Notice 2023-17: Guidance on environmental justice solar and wind capacity limitation under section 48(e)

Feb 13 - Notice 2023-18: Guidance on qualifying advanced energy project credit under section 48C

Feb 13 - Proposed regulations pending OIRA review: Superfund chemical tax and Superfund imported substance tax

Feb 13 - Rev. Rul. 2023-4: Interest rates, tax underpayments and overpayments remain same for second quarter 2023

Feb 13 - KPMG reports: Minnesota (retail delivery fee); Missouri (resale tax exemption); multistate (taxation of digital products and services and software)

Feb 10 - KPMG report: Accounting for income taxes handbook

Feb 9 - U.S. Tax Court: Regulation under section 482 relating to consideration of foreign legal restrictions upheld

Feb 8 - Announcement 2023-6: Updates on third six-year remedial amendment cycle for pre-approved defined benefit plans

Feb 8 - KPMG report: New section 174 mandatory capitalization regime, issues for engineering and construction industry

Feb 7 - U.S. Tax Court: Gain recognized on sale of partnership interest attributable to inventory may be U.S.-source income

Feb 6 - KPMG report: Accounting for tax provisions in the “Inflation Reduction Act of 2022” and CHIPS legislation (updated)

Feb 6 - KPMG report: State and local tax changes affecting entities in asset management industry in 2022

Feb 6 - KPMG reports: Arizona (transaction privilege tax); Michigan (rolling stock use tax exemption); Texas (sourcing of local sales tax on internet orders); Wisconsin (nonconformity with section 174 changes)

Feb 3 - Notice 2023-13: Service industry tip compliance agreement program

Feb 3 - Notice 2023-16: Updated FAQs for clean vehicle credit under section 30D

Feb 2 - KPMG report: Accounting questions related to new GloBE rules

Feb 2 - KPMG report: Summary and observations of tax provisions under SECURE Act 2.0

Feb 1 - KPMG report: FERC orders allow public utility to defer sales tax through use of procurement subsidiary (multistate)

January 2023

Jan 31 - KPMG report: Proposed regulations providing definition of domestically controlled real estate investment trust, initial analysis and observations

Jan 31 - KPMG report: Year-in-review list of U.S. federal tax developments for 2022 (as reported in TaxNewsFlash)

Jan 30 - Proposed regulations: Rescission of “moral exemption rule” to coverage of certain contraceptive services under Affordable Care Act

Jan 30 - KPMG reports: Illinois (amended return was timely filed); Texas (taxpayer may not amend franchise tax report); multistate (combined reporting)

Jan 27 - Rev. Proc. 2023-9: New rules and conditions for implementing alternative cost method for real estate developers

Jan 26 - KPMG report: IRA stock buyback, practical considerations for retirement plans and equity-based compensation arrangements

Jan 26 - IRS annual revenue procedures for 2023

Jan 25 - KPMG report: Third reinstated Superfund tax adds complexity

Jan 24 - IRS provides tax relief for taxpayers in California affected by December storms, flooding, mudslides

Jan 24 - KPMG report: Form 1099-K delayed reporting thresholds

Jan 24 - KPMG report: State and local tax, technology-related developments (table, fourth quarter 2022)

Jan 23 - KPMG reports: Florida (sales tax refunds on software and hardware); Texas (margin tax apportionment); Virginia (NOL carryback)

Jan 20 - Eleventh Circuit: Permanent injunction against “tax mandate” in American Rescue Plan Act upheld

Jan 20 - IRS extends due date for QI withholding agreement to May 1, 2023

Jan 19 - IRS provides tax relief for taxpayers in Georgia and Alabama affected by storms

Jan 18 - IRS practice units: Changes in accounting methods

Jan 18 - IRS reminder: Employers must file Forms W-2 and provide Forms 1099-NEC by January 31, 2023

Jan 18 - Notice of filing of petition for addition of 4,4’–isopropylidenediphenol-epichlorohydrin copolymer to Superfund list

Jan 18 - Rev. Proc. 2023-14: Automobile depreciation deduction limits for 2023

Jan 18 - KPMG report: SEC comments on accounting for income taxes

Jan 18 - KPMG reports: Minnesota (federal tax conformity); Missouri (sales and use tax changes); Ohio (tax and fee amnesty); Washington State (bad debt sales tax credit and B&O tax deduction)

Jan 12 - Proposed regulations pending OIRA review: Information returns of cryptocurrency brokers

Jan 12 - U.S. tax season starts January 23, 2023; most individual returns due April 18, 2023

Jan 11 - KPMG report: Final regulations on exception for U.S. real property interests held by foreign pension funds, initial impressions and observations

Jan 11 - KPMG report: Section 163(j) considerations on the disposition of partnership property and partnership interests

Jan 11 - National Taxpayer Advocate report to Congress identifying taxpayer challenges, describing better outlook for 2023

Jan 10 - IRS provides tax relief for taxpayers in California affected by storms, flooding, mudslides

Jan 5 - KPMG report: Initial observations on guidance relating to clean vehicle credit under section 30D

Jan 5 - KPMG report: Analysis of safe harbor for “incremental cost” under section 45W in Notice 2023-9

Jan 4 - KPMG report: Year-end state and local tax updates (Kentucky, Massachusetts, Michigan, New Jersey, North Carolina, Ohio, Pennsylvania)

Jan 4 - KPMG report: Initial observations on round 1 of CAMT guidance in Notice 2023-7

Jan 1 - KPMG report: Analysis and observations on Rev. Procs. 2023-8 and 2023-11, guidance for accounting method changes under section 174

2022 Articles

December 2022

Dec 30 - KPMG report: Analysis and observations on initial guidance on new 1% stock repurchase excise tax

Dec 30 - IRS provides tax relief for taxpayers in New York affected by winter storm

Dec 30 - Notice of filing of petition for addition of polyphenylene sulfide to Superfund list

Dec 30 - Notice 2023-11: Temporary relief for foreign financial institutions required to report U.S. TINs

Dec 30 - Deadline for renewal of QI agreements covering 2023 through 2028

Dec 30 - TTB guidance: Industry circular on calculating tax rates for distilled spirits

Dec 29 - Proposed regulations: Use of an electronic medium to make participant elections and spousal consents (text of regulations)

Dec 29 - Proposed regulations concerning electronically filed returns; OIRA review completed

Dec 29 - IRS provides FAQs on clean vehicle credits for new, previously owned and commercial vehicles

Dec 29 - Rev. Proc. 2023-11: Updated guidelines for accounting method changes for specified R&E expenditures

Dec 29 - Treasury releases white paper on critical mineral and battery component requirements for clean vehicle tax credits

Dec 29 - Notice 2023-1: Intention to propose regulations on requirements of clean vehicle credit under section 30D

Dec 29 - Notice 2023-3: Standard mileage rates for 2023

Dec 29 - Notice 2023-9: Safe harbor for “incremental cost” of commercial clean vehicles eligible for tax credit under section 45W

Dec 28 - IRS provides updated FAQs on Form 1099-K

Dec 28 - Final regulations: Exception for U.S. real property interests held by foreign pension funds (text of regulations)

Dec 28 - Proposed regulations: Foreign government income exception and definition of domestically controlled qualified investment entities (text of regulations)

Dec 28 - Notice of filing of petition for addition of polyoxymethylene to Superfund list

Dec 27 - Notice 2023-7: Interim guidance on new corporate alternative minimum tax (CAMT)

Dec 27 - Notice 2023-2: Interim guidance on new 1% excise tax on repurchases of corporate stock

Dec 23 - Announcement 2023-1: Applicable reference standard for energy efficient commercial building property deduction

Dec 23 - Announcement 2023-2: Transitional guidance for broker reporting on digital assets

Dec 23 - Notice 2023-10: Delay of implementation of $600 reporting threshold for Forms 1099-K

Dec 23 - Rev. Proc. 2023-10: Insurance companies, unpaid loss discount factors for 2022 accident year

Dec 22 - IRS provides FAQs on energy efficient home improvements and residential clean energy property credits

Dec 22 - U.S. Treasury release: No change to list of countries cooperating with international boycott

Dec 21 - Notice 2023-8: Guidance regarding withholding on transfers of publicly traded partnership interests

Dec 20 - Notice 2023-4: Indexing factor for use by group health plans and health insurance issuers in 2023

Dec 19 - Notice 2023-6: Guidance on new sustainable aviation fuel credits

Dec 19 - Treasury timeline for providing guidance on “Inflation Reduction Act” tax provisions

Dec 19 - IRS provides tax relief for taxpayers in Florida affected by Hurricane Nicole

Dec 19 - KPMG report: Navigating the turbulent waters of the section 704(c) ceiling rule

Dec 19 - KPMG report: State, local tax changes (year-end checklist and fourth quarter 2022)

Dec 19 - KPMG reports: Florida (online learning services subject to communications services tax); Ohio (expanded sales tax deduction for bad debts); multistate (reduced sales tax rates on food)

Dec 16 - KPMG report: Recent developments in taxation of financial products

Dec 13 - Rev. Proc. 2022-43: Final QI withholding agreement applicable beginning 2023

Dec 13 - KPMG report: Partnership “distributive share only” rule in corporate alternative minimum tax

Dec 13 - KPMG report: Periodic and nonperiodic withholding certificates

Dec 12 - Final regulations: Health insurance coverage limited to testing, diagnosis not “minimum essential coverage” (COVID-19)

Dec 12 - Rev. Proc. 2023-8: Automatic changes to accounting methods to comply with section 174

Dec 12 - Rev. Proc. 2022-42: Procedures for manufacturers and sellers of clean vehicles to qualify for tax incentives

Dec 12 - KPMG reports: California (franchise fees subject to sales and use tax); Louisiana (electric charging station subject to sales tax); Michigan (section 163(j) changes and unitary business group guidance); Missouri (drop shipments subject to sales tax, FAQs on economic nexus law)

Dec 9 - Proposed regulations: Single-entity treatment of consolidated groups for purposes of section 951(a)(2)(B) in context of section 959(b) distributions

Dec 9 - FBAR filings: Extended deadline is April 15, 2024, for individuals with signature authority

Dec 9 - New York State: Qualified emerging technology company determination does not apply at combined group level

Dec 8 - Final regulations: Special enforcement matters, centralized partnership audit regime

Dec 8 - Rev. Rul. 2022-24: Covered compensation tables for 2023 plan year

Dec 8 - IRS announces mortality tables for defined benefit pension plans under Notice 2022-22 will apply in 2023

Dec 7 - United States and Croatia sign income tax treaty

Dec 7 - KPMG report: MAP and the exhaustion of remedies for FTC purposes

Dec 6 - Proposed regulations: Certain syndicated conservation easement transactions identified as listed transactions (text of regulations)

Dec 6 - KPMG report: EITF consensus to expand use of proportional amortization method

Dec 5 - KPMG reports: California (proposed guidance on marketplace sales); Florida (sourcing of receipts from sales of services); Ohio (sourcing of receipts from use of intellectual property); Tennessee (provision of nontaxable services versus taxable computer software)

Dec 2 - KPMG report: Analysis and observations about prevailing wage and apprenticeship requirements

Dec 2 - IRS provides tax relief for certain taxpayers affected by snowstorm in New York

November 2022

Nov 29 - Notice 2022-61: Guidance on prevailing wage and apprenticeship requirements under clean energy tax incentives

Nov 29 - Rev. Rul. 2022-23: Interest rates, tax underpayments and overpayments (increase for first quarter 2023)

Nov 29 - U.S. Tax Court: 90-day time limit to file deficiency petition is jurisdictional deadline not subject to equitable tolling

Nov 28 - Tier 2 tax rates for railroads, no changes for 2023

Nov 22 - Ninth Circuit: Rehearing en banc denied in section 965 case

Nov 21 - KPMG report: Proposed foreign tax credit regulations

Nov 21 - Notice 2022-62: Required amendments list (2022) for qualified retirement plans and 403(b) plans

Nov 21 - New York State: Guidance on New York City passthrough entity tax for 2022-2023

Nov 21 - KPMG reports: Colorado (federal retroactive changes applied; includible corporation in unitary combined group); Wisconsin (unclaimed property voluntary disclosure program); Wyoming (roadside services not subject to excise tax)

Nov 18 - Proposed regulations: Guidance relating to the foreign tax credit (text of regulations)

Nov 18 - Treasury to allocate $5 billion in New Markets Tax Credit (NMTC) authority for 2022

Nov 17 - IRS provides tax relief for certain taxpayers affected by storm and flooding in Illinois

Nov 16 - Rev. Proc. 2022-39: Procedures for eligible taxpayers to file qualified amended returns

Nov 16 - KPMG report: Year-end tax discussion ideas for international tax and transfer pricing

Nov 16 - KPMG report: Accounting for tax credits

Nov 15 - KPMG report: Comments on proposed regulations providing guidance on IRS Independent Office of Appeals

Nov 14 - Notice 2022-59: Self-insured health insurance annual fee

Nov 14 - KPMG report: Accounting for tax provisions in the “Inflation Reduction Act of 2022” and CHIPS legislation (updated)

Nov 14 - KPMG reports: Georgia (“safe rides fee” subject to sales and use tax); Wisconsin (guidance on taxation of NFTs); multistate (income tax changes approved on election day)

Nov 14 - Texas: Fair value analysis under satellite radio sourcing rules for franchise tax purposes (appeals court decision)

Nov 10 - Announcement 2022-23: New renewable electricity production credit amounts for calendar year 2022

Nov 10 - President Biden to nominate Daniel Werfel as IRS Commissioner

Nov 10 - KPMG report: Corporate Alternative Minimum Tax considerations and FAQs

Nov 9 - U.S. Tax Court: Listing notice is legislative rule improperly issued under the Administrative Procedure Act

Nov 7 - Rev. Proc. 2022-40: Program for approving 403(b) retirement plans

Nov 7 - KPMG reports: Missouri (club membership dues subject to sales tax); Oregon (market-based sourcing); Wisconsin (manufacturing credit); multiple states (escheatment rules)

Nov 4 - IRS Priority Guidance Plan for 2022-2023

Nov 3 - IRS notices: Additional requests for comments on upcoming clean energy tax guidance

Nov 2 - KPMG report: Year-end tax topics for cryptocurrency investors

October 2022

Oct 31 - KPMG report: Combined federal state filing program

Oct 31 - KPMG reports: Pennsylvania (sourcing of digital audio book sales); South Carolina (fees subject to sales and use tax); Washington State (sourcing of patent procurement services income)

Oct 28 - O’Donnell appointed IRS “Acting Commissioner”

Oct 28 - Treasury awards $5 billion in New Markets Tax Credit (NMTC) allocations

Oct 28 - IRS issues FAQ on WP / WT renewals

Oct 26 - DOJ will not seek U.S. Supreme Court review of case concerning crude oil tax imposed by section 4611(b)

Oct 25 - TTB announcement: Foreign alcohol producers may now register with online TTB system for 2023

Oct 24 - KPMG reports: Illinois (guidance on taxation of cryptocurrency); Maryland (digital advertising tax struck down); multiple states (tax rate changes on ballots)

Oct 21 - Notice 2022-55: Pension plans, cost-of-living adjustments for 2023

Oct 21 - KPMG report: Examination of extended statute of limitations under section 965

Oct 20 - Proposed regulations withdrawn: Exclusion from gross income of PTEP and related basis adjustments

Oct 19 - IRS reminder: Deadline to file 2019 and 2020 tax returns to get penalty relief postponed in declared disaster areas (COVID-19)

Oct 19 - KPMG report: State and local tax, technology-related developments (table, third quarter 2022)

Oct 19 - KPMG report: “Superfund” tax refunds for exported chemicals and listed substances

Oct 18 - Rev. Proc. 2022-38: Inflation adjustments for 2023, individual taxpayers

Oct 18 - IRS practice unit: “Report of Foreign Bank and Financial Accounts” (FBAR)

Oct 17 - KPMG reports: Mississippi (digital photography service); Tennessee (sales of subscriptions to electronic publications); Texas (web-based weather forecasting service); multiple states (nexus)

Oct 13 - U.S. Tax Court: Partnership distribution of “clients” was distribution of intangible assets

Oct 12 - IRS updates FAQs on QI / WP / WT website, certifications and periodic reviews

Oct 12 - Illinois: Calendar year corporate income tax return filing deadline extended to November 15, 2022

Oct 11 - Final regulations providing guidance under section 36B regarding premium tax credit, employer coverage for employee family members

Oct 11 - Notice 2022-41: Additional permitted election changes for health coverage under “cafeteria plans”

Oct 11 - Rev. Proc. 2022-19: Taxpayer assistance procedures for S corporations under section 1362(f)

Oct 11 - IRS expands penalty relief for dyed diesel fuel in Florida; hurricane-related relief

Oct 10 - Washington State: Penalties on unified annual reconciliation of apportionable income

Oct 10 - KPMG reports: Colorado (streaming platform credits); New York (nontaxable information services); Oregon (business license tax law); South Dakota (bank franchise tax)

Oct 7 - Final, temporary, and proposed regulations: Low-income housing credit average income test (text of regulations)

Oct 7 - Notice 2022-52: Extended temporary relief, low-income housing credit under section 42

Oct 7 - Notice 2022-53: Required minimum distributions

Oct 7 - Final regulations providing guidance under section 36B regarding premium tax credit; OIRA review completed

Oct 6 - FBAR filing deadline relief for persons affected by certain natural disasters

Oct 5 - IRS notices: Requests for comments on upcoming clean energy tax guidance

Oct 5 - IRS provides tax relief for taxpayers affected by Hurricane Ian (North Carolina and South Carolina)

Oct 3 - IRS announces new sign-in system for QI / WP / WT application and account management system (QAAMS)

Oct 3 - KPMG report: Tax treatment of cryptocurrency and challenges of cross-border reporting

Oct 3 - KPMG reports: Colorado (retail delivery fee guidance); Iowa (corporate income tax rate reduction); Texas (R&D credit); West Virginia (tax preparer must collect sales tax)

September 2022

Sep 30 - IRS to waive dyed diesel fuel penalty in Florida; hurricane-related relief

Sep 30 - Final regulations concerning low-income housing credit average income test; OIRA review completed

Sep 30 - U.S. Treasury release: No change to list of countries cooperating with international boycott

Sep 30 - KPMG report: Accounting for tax provisions in the “Inflation Reduction Act of 2022” and CHIPS legislation

Sep 29 - Final regulations: Beneficial ownership information reporting

Sep 29 - California: Other state tax credit for resident owners of entities that elect PTET legislation enacted

Sep 29 - IRS provides tax relief for taxpayers in Florida affected by Hurricane Ian

Sep 29 - Puerto Rico: Tax-related hurricane relief

Sep 28 - Notice 2022-43: Farmers, ranchers affected by drought allowed more time to replace livestock

Sep 27 - IRS provides tax relief for certain taxpayers affected by storms in Alaska

Sep 26 - Notice 2022-44: Per diem rates, substantiation of employee lodging, meals, incidentals (2022-2023)

Sep 26 - Notice 2022-45: Extension of time to amend certain eligible retirement plans for qualifying distributions (COVID-19)

Sep 26 - LB&I memo providing updated guidance on the statute of limitations with respect to section 965 examinations

Sep 26 - U.S. Tax Court: Excess loss account included in income of consolidated group member

Sep 26 - KPMG reports: Colorado (cryptocurrency as payment for taxes); Illinois (abatement of late penalties); Louisiana (manufacturing allocation formula)

Sep 23 - Notice 2022-38: Carbon oxide sequestration credit under section 45Q, inflation adjustment factor for 2022, final year for pre-BBA equipment

Sep 23 - TTB temporary and proposed regulations: Implementation of refund procedures for federal excise tax benefits applicable to imported alcohol

Sep 23 - KPMG report: Tax provisions in the “Inflation Reduction Act of 2022” relevant to the banking industry; potential implications

Sep 22 - Rev. Proc. 2022-35: Updated list of countries, deposit interest paid to nonresident aliens (Turkey)

Sep 22 - Final regulations concerning beneficial ownership information reporting; OIRA review completed

Sep 22 - KPMG report: State, local tax changes (third quarter 2022, table format)

Sep 21 - IRS guidance on tax treatment of PPP loan forgiveness based on misrepresentations or omissions (COVID-19)

Sep 21 - Puerto Rico: Extension of sales and use tax returns, payments as hurricane relief

Sep 21 - KPMG report: A primer on wash sale reporting in a volatile market (updated September 2022)

Sep 20 - U.S. SEC signals support for country-by-country reporting

Sep 19 - IRS updates information on pre-screening and certification process of Work Opportunity Tax Credit (WOTC)

Sep 19 - IRS provides tax relief for taxpayers in Puerto Rico affected by Hurricane Fiona

Sep 19 - Final regulations pending OIRA review: Guidance under section 36B regarding premium tax credit

Sep 19 - KPMG reports: Missouri (sales and use tax manufacturing exemption); North Carolina (service contract subject to sales and use tax); Pennsylvania (sales and use tax collection by out-of-state sellers); South Carolina (bookstore membership fees subject to sales and use tax)

Sep 16 - California: Unclaimed property voluntary compliance program legislation enacted

Sep 16 - Notice 2022-42: Intent to amend noncompulsory payment regulations under section 901 with respect to amended Puerto Rico tax decrees

Sep 16 - PLR: REIT status regarding certain marina properties

Sep 16 - KPMG report: Student loan forgiveness and state reporting

Sep 15 - IRS opens application period for 2023 Compliance Assurance Process (CAP) program

Sep 14 - Rev. Proc. 2022-36: Foreign insurance companies; effectively connected net investment income (2021)

Sep 14 - Request for information: Advanced explanation of benefits and good faith estimate for covered individuals under “no surprises” provisions

Sep 13 - Notice 2022-39: Guidance regarding one-time claim for alternative fuels excise tax credits

Sep 13 - Final regulations pending OIRA review: Low-income housing credit average income test

Sep 12 - KPMG reports: Colorado (retail delivery fees exempt from Denver sales and use tax); Idaho (rate reductions); Illinois (subject to tax in foreign country); New Jersey (convenience of employer rule)

Sep 9 - Proposed regulations: Guidance relating to IRS Independent Office of Appeals (text of regulations)

Sep 8 - IRS provides tax relief for certain taxpayers affected by storms in Arizona

Sep 2 - New York State: Economic nexus for corporations in New York City, passthrough entity tax for 2022

Sep 2 - IRS provides tax relief for taxpayers affected by water crisis (Mississippi)

August 2022

Aug 30 - IRS practice unit: Rules for determining stock ownership under section 958

Aug 29 - KPMG reports: California (unclaimed property); District of Columbia (payroll factor); Michigan (nexus under Wayfair); Minnesota (sales and use taxation of NFTs); Oregon (Pub. L. No. 86-272); Texas (sales factor)

Aug 26 - California: Erroneously issued refunds of 2022 pass-through entity tax must be returned by taxpayers ASAP to secure elections

Aug 25 - U.S. Tax Court: Partnership’s payments to lender were deductible interest, and not payments on an equity interest

Aug 25 - Sixth Circuit: Tax Court decision affirmed, taxpayer not liable for 40% penalty upon cancellation of APAs

Aug 24 - Notice 2022-36: Penalty relief for certain taxpayers filing returns for tax years 2019 and 2020 (COVID-19)

Aug 24 - Final regulations: Requirements related to “surprise” medical billing

Aug 24 - Second Circuit: Early distribution 10% exaction is tax, not a penalty requiring written supervisory approval; Tax Court affirmed

Aug 24 - KPMG report: Foreign tax credit regulations; constructing a path forward

Aug 23 - Notice 2022-37: Further extended phase-in provisions under section 871(m) regulations

Aug 23 - KPMG report: Form 1099-K and state reporting issues

Aug 18 - U.S. Tax Court: Determination of transfer pricing method, on remand from Eighth Circuit

Aug 18 - IRS Appeals invites input on enhancing video conferences

Aug 17 - Guidance on changes to electric vehicles tax credit under "Inflation Reduction Act"

Aug 17 - Proposed regulations pending OIRA review: Electronically filed returns

Aug 16 - President signs budget reconciliation legislation; KPMG’s report on tax law changes

Aug 15 - Notice 2022-34: Deferred applicability dates for foreign currency guidance under section 987

Aug 15 - Rev. Rul. 2022-15: Interest rates, tax underpayments and overpayments (increase for fourth quarter 2022)

Aug 15 - New York State: Passthrough entity tax implications for New York City businesses; revised draft regulations on sourcing of investment management services

Aug 15 - KPMG reports: Arkansas (corporate rate reduction accelerated); California (pending vote on full sales and use tax exemption for equipment); New Mexico (digital advertising services)

Aug 10 - IRS provides tax relief for taxpayers affected by storms in Missouri

Aug 9 - KPMG report: Overview of investment tax credit for investments in semiconductor manufacturing

Aug 8 - KPMG reports: Alabama (related-party addback rules); Alaska (combined reporting, foreign entities); Colorado (retail delivery fee); Idaho (guidance under revised sourcing laws)

Aug 5 - D.C. Circuit: Partnership upheld as valid, despite IRS claims it never would have been profitable without refined-coal tax credits

Aug 5 - Eighth Circuit: Deductions denied for deferred cash payments of $51 million made to former spouse

Aug 4 - Final regulations: Removal of signature requirement for section 754 elections

Aug 4 - Fifth Circuit: Credit for renewable fuels reduces excise tax, but deduction limited to excise tax actually paid

Aug 3 - Notice 2022-33: Extended deadline of December 31, 2025, for amending retirement plans or IRAs

Aug 3 - Deadline for QI / WP / WT applications for 2022 is September 30, 2022

Aug 3 - IRS extends tax relief for taxpayers affected by wildfires in New Mexico

Aug 3 - IRS provides tax relief for taxpayers affected by water issues in U.S. Virgin Islands (St. Croix)

Aug 2 - IRS provides tax relief for taxpayers affected by storms in Kentucky

Aug 1 - KPMG reports: Michigan (sales and use tax exemption, industrial processing); Texas (franchise tax credit, R&D activities)

July 2022

Jul 28 - KPMG report: A primer on wash sale reporting in a volatile market

Jul 27 - KPMG report: Correcting amendments to final foreign tax credit regulations

Jul 26 - Eleventh Circuit: Taxpayer’s claim for reimbursement of “protest payments” denied, no statutory basis for refund

Jul 26 - IRS practice unit: Allowance of deductions and credits on Form 1120-F delinquent returns

Jul 25 - KPMG reports: New York (federal items reported on combined returns); Tennessee (sales and use taxes on marketplace facilitator)

Jul 22 - KPMG report: Tax home and the rise of telecommuters

Jul 20 - KPMG report: State and local tax, technology-related developments (table, second quarter 2022)

Jul 18 - KPMG reports: Connecticut (investment tax credits); Delaware (unclaimed property laws); New Jersey (litter fee); Washington State (sales and B&O tax treatment of NFTs)

Jul 16 - Tax treaty update: United States terminates treaty with Hungary

Jul 11 - Tax treaty update: U.S. income tax treaty with Hungary reportedly being terminated

Jul 11 - Pennsylvania: Changes to corporate net income tax laws, other tax changes

Jul 8 - Fourth Circuit: IRS summons to taxpayer not quashed despite criminal referral of taxpayer’s agent

Jul 8 - PLR: IRS grants consent to taxpayer’s request regarding cost-sharing arrangement and intangible development costs

Jul 8 - Rev. Proc. 2022-32: Simplified method to obtain extension of time to make “portability” election with respect to decedent’s unused exclusion amount

Jul 7 - Rev. Rul. 2022-13: Multiemployer defined benefit plan receiving special financial assistance not deemed in “critical status” under section 432(b)(7) following merger

Jul 6 - IRS provides tax relief for taxpayers affected by storms in Montana and Oklahoma

Jul 5 - Proposed regulations: Foreign currency contract under section 1256 includes only foreign currency forward contracts (text of regulations)

Jul 1 - New York State: Appeals court holds vacation home is not permanent place of abode

June 2022

Jun 29 - Notice 2022-31: Defined benefit pension plans sponsored by newspapers, alternative minimum funding standards

Jun 28 - Rev. Proc. 2022-26: Procedures for requesting that substances be added or removed from Superfund list

Jun 27 - Notice 2022-30: Deferral of provisions under section 59A and 6038A regulations relating to reporting of qualified derivative payments

Jun 27 - KPMG report: State, local tax changes (second quarter 2022, table format)

Jun 27 - KPMG reports: Iowa (sales and use tax changes); Oregon (certiorari denied in case concerning VoIP collection of E-911 tax); Washington State (Seattle payroll expense tax upheld, certiorari denied in case concerning B&O tax surcharge financial institutions)

Jun 24 - Proposed regulations: Administration expenses, claims against estates, interest expense on amounts owed by estates (text of regulations)

Jun 24 - IRS announces Superfund chemical excise tax rates

Jun 24 - IRS provides FAQs on the reinstated Superfund chemical excise tax

Jun 24 - IRS practice unit: Energy efficient commercial buildings deduction

Jun 22 - KPMG report: Tax information reporting on crypto-assets

Jun 21 - Rev. Proc. 2022-28: No rulings to be issued regarding whether transactions result in employer reversion from qualified plan

Jun 21 - U.S. Supreme Court grants certiorari, whether penalty for FBAR violation applies on per-account or per-form basis

Jun 16 - Form 4419 relating to transmitter control codes for filing information returns electronically phased out beginning August 2022

Jun 16 - New Jersey: Transfer pricing settlement initiative program for corporate taxpayers

Jun 15 - Texas: Proposed changes to R&D regulations address federal conformity; combined group changes

Jun 15 - U.S. Tax Court: “Innocent spouse relief” not available as defense for trust fund recovery penalty liability

Jun 14 - KPMG report: Post-TCJA interplay between NOLs and charitable deductions

Jun 13 - California: Reminder that PTET elections and payment due June 15

Jun 13 - KPMG reports: California (sale of S corporation stock); Pennsylvania (NFTs); Tennessee (sales tax holiday); Texas (electronic payment transactions); Wisconsin (sales of services)

Jun 9 - Announcement 2022-13: Increased mileage rates for remainder of 2022

Jun 7 - Ninth Circuit: Mandatory repatriation tax under section 965 is constitutional

Jun 7 - KPMG report: Future of consumer and retail—tax perspective

Jun 6 - KPMG reports: Arkansas (leased vehicles); Massachusetts (apportioning sales and use tax); Vermont (corporate income tax); multiple states (nexus)

Jun 1 - KPMG report: Comments submitted to IRS regarding plans to update MAP and APA guidelines

May 2022

May 26 - IRS releases tax collection data for fiscal year 2021

May 23 - KPMG report: Backup withholding; IRS notices and payor responsibilities

May 23 - KPMG reports: Colorado (SALT Parity Act); Tennessee (wholesaler/retailer certificates); Washington State (B&O tax on damages received)

May 20 - Final versions of Form 5500 series, annual employee benefit plan reports

May 20 - IRS notices: Electricity production credit; percentage depletion for oil and gas produced from marginal properties

May 20 - PLR: Tax treatment of REIT’s section 481(a) adjustment

May 20 - Rev. Rul. 2022-11: Interest rates, tax underpayments and overpayments (increase for third quarter 2022)

May 18 - KPMG report: Potential tax benefits under section 1341

May 18 - KPMG report: Proposed changes to qualified intermediary (QI) agreement (Notice 2022-23)

May 17 - Tenth Circuit: Taxpayer did not qualify as small insurance company; Tax Court decision affirmed

May 17 - Massachusetts: Taxpayer prevails in capital gain tax dispute on statutory, but not constitutional grounds

May 16 - KPMG report: Wind facilities can requalify for another 10 years of production tax credit (PTC) after previously claiming PTC

May 16 - KPMG reports: Colorado (retail delivery fees form); Kansas (sales tax on passed-through costs); Vermont (proposed corporate income tax changes); multiple states (sales tax legislative updates)

May 13 - Notice 2022-27: Six-month extension allowing retirement plan elections and spousal consents to be signed remotely (COVID-19)

May 12 - IRS provides tax relief for taxpayers affected by wildfires in New Mexico

May 11 - Ninth Circuit: Tax return considered filed when sent in response to IRS inquiry; Tax Court reversed

May 9 - KPMG reports: California (franchise tax); Colorado (retail delivery fees); New York (revised franchise tax regulations and Public Law 86-272)

May 6 - GLAM: Allocation and apportionment of deferred compensation expense for purposes of calculating FDII—departure from prior IRS legal advice

May 5 - IRS corrects renewable electricity production inflation factors, reference prices for 2022

May 4 - Proposed regulations: Updated actuarial tables for valuing annuities, terms of years, and remainder interests

May 3 - Notice 2022-23: Proposed changes to QI withholding agreement for dispositions of publicly traded partnership interests

May 2 - KPMG reports: Minnesota (credit card surcharges subject to sales tax); New York (free gift cards subject to sales tax); Oklahoma (expanded marketplace facilitator definition)

April 2022

Apr 29 - IRS notices: Oil and gas—reference prices for 2021, inflation adjustment factor and phase-out for enhanced oil recovery credit

Apr 29 - Rev. Proc. 2022-24: HSA inflation-adjusted amounts for 2023

Apr 27 - Proposed regulations: Mortality tables for determining present value under defined benefit pension plans

Apr 27 - Notice 2022-22: Mortality rates, tables for defined benefit pension plans (2023)

Apr 26 - Proposed regulations: Basic exclusion amount, estate and gift taxes

Apr 26 - Notice 2022-21: Request for recommendations for IRS 2022-2023 Priority Guidance Plan

Apr 26 - Eighth Circuit: Expert witness testimony excluded and deductions for management fees denied; Tax Court affirmed

Apr 26 - IRS practice unit: Country-by-country (CbC) report in the transfer pricing risk analysis process

Apr 25 - KPMG reports: Texas (use tax on promotional items); Virginia (interest deduction, SALT cap workaround); West Virginia (unclaimed property)

Apr 22 - Sixth Circuit: Tax credit applied against fuel excise tax reduces excise tax liability

Apr 21 - U.S. Supreme Court: 30-day time limit to petition for review of collection determination subject to equitable tolling

Apr 19 - Rev. Proc. 2022-23: Late elections for depreciation of Indian reservation and biofuel property and accounting for film, TV and theater production costs

Apr 18 - IRS reminds employers of penalty relief related to claims for employee retention credit (COVID-19)

Apr 18 - U.S. Supreme Court: Certiorari denied in states’ challenge to 2017 tax law limiting SALT deduction

Apr 18 - KPMG report: State and local tax, technology-related developments (table, first quarter 2022)

Apr 18 - KPMG reports: Kentucky (House Bill 8 enacted over governor’s veto); New Jersey (P.L. 86-272 application); New York (admission of nexus); Texas (“sale for resale” exemption)

Apr 15 - Notice 2022-15: Superfund excise taxes, relief regarding failure to deposit penalties

Apr 15 - Kentucky: Comprehensive tax bill enacted over governor’s veto

Apr 13 - Brazil takes steps toward OECD transfer pricing guidelines

Apr 13 - New York City: SALT cap “workaround” enacted for 2023

Apr 13 - Puerto Rico: Postponed due date for income tax returns, corporate annual reports, LLC annual fees

Apr 13 - Renewable electricity production inflation factors, reference prices for 2022

Apr 12 - U.S. Tax Court: At-home private nurses were employees for federal employment tax purposes

Apr 12 - IRS announces taxpayers may soon receive letters relating to qualified opportunity funds

Apr 11 - KPMG reports: Maryland (no tax liability for tribe); Oklahoma (date for refund claim); Washington State (B&O tax apportionment for Tacoma)

Apr 8 - Maryland: Digital advertising services tax, estimated tax payment form is released

Apr 6 - Fourth Circuit: Payments to Russian scientist—taxable compensation or exempt from tax as a grant?

Apr 6 - U.S. Tax Court: Accounting for deferred fees using GAAP by retirement community upheld

Apr 5 - Proposed regulations: Guidance under section 36B regarding premium tax credit, employer coverage for employee family members (text of regulations)

Apr 5 - Temporary regulations under section 245A held invalid (federal district court)

Apr 4 - U.S. Treasury release: No change to list of countries cooperating with international boycott

Apr 4 - KPMG reports: Arkansas (nexus and apportionment); Kentucky (corporate, individual and indirect tax measures); Oregon (source of receipts)

March 2022

Mar 31 - IRS practice unit: Deferred compensation received by nonresident alien individuals

Mar 31 - IRS provides tax relief for taxpayers affected by storms in Puerto Rico

Mar 31 - U.S. Tax Court: Fees for use of securities exchanges not deductible under section 199

Mar 30 - Announcement 2022-7: APMA program, APA statistics for 2021

Mar 30 - Proposed regulations providing guidance under section 36B regarding premium tax credit; OIRA review completed

Mar 30 - Rev. Proc. 2022-21: Nationwide average purchase price, residences located in United States

Mar 29 - Tax treaty update: Senate Foreign Relations Committee approves income tax treaty with Chile

Mar 29 - KPMG report: State, local tax changes (first quarter 2022, table format)

Mar 28 - Fifth Circuit: Butane not eligible for tax credit; tax on exports of domestic crude oil held unconstitutional

Mar 28 - KPMG reports: Colorado (online marketplaces); Iowa (software, NOLs); Missouri (digital clubs); New Jersey (virtual currency); Tennessee (R&D expenses)

Mar 25 - Proposed regulations: Multiple employer plans (text of regulations)

Mar 25 - Ninth Circuit: Prior supervisory approval for penalty assessment for listed transaction; Tax Court reversed

Mar 25 - KPMG report: Evolving Form 1099-K thresholds

Mar 25 - Texas: Comptroller’s sourcing position in satellite radio case rejected by state’s high court

Mar 23 - KPMG report: Federal district court vacates Notice 2016-66 (microcaptive insurance transactions)

Mar 22 - IRS practice unit: Penalties for erroneous claims for refund or credit

Mar 21 - Rev. Rul. 2022-7: Federal, state, and local government employees also subject to disclosure restrictions regarding returns

Mar 21 - U.S. Tax Court: Initial determination of penalties, after IRS supervisory approval was obtained

Mar 21 - KPMG reports: California (acceleration of installment payments); Ohio (computer software); New York State (purchase for resale exemption)

Mar 18 - AOD 2022-2: IRS nonacquiescence to Eleventh Circuit’s decision, relocation benefits provided by railroad to employees

Mar 18 - Notice 2022-11: Indexing factor for provisions aimed at preventing surprise medical bills

Mar 18 - PLR: Liability-waiver payments received from tenants, relating to self-storage facilities, deemed rents from real property for REIT income tests

Mar 18 - Rev. Proc. 2022-20: Teleconferences satisfying the public approval requirements for tax-exempt qualified private activity bonds

Mar 18 - KPMG report: Updated analysis of Pillar Two model rules for 15% global minimum tax following release of commentary

Mar 17 - KPMG report: Updated list of automatic changes (Rev. Proc. 2022-14)

Mar 16 - Rev. Proc. 2022-17: Automobile depreciation deduction limits for 2022

Mar 16 - U.S. Tax Court: Compute foreign tax credit using same method that CFC used to apportion interest expense

Mar 16 - KPMG report: Understanding the excess business loss limitation

Mar 15 - Notice 2022-13: Waiver of addition to tax under section 6654 for certain farmers, fishermen

Mar 14 - Announcement 2022-6: Temporary suspension of prototype IRA opinion letter program

Mar 14 - Proposed regulations pending OIRA review: Guidance under section 36B regarding premium tax credit

Mar 14 - Sixth Circuit: Regulations on charitable donation of conservation easement upheld as valid; Tax Court affirmed

Mar 14 - KPMG reports: Idaho (sales-factor apportionment); New Jersey (employee retention credit); New Mexico (gross receipts tax); New York (broker-dealer sourcing rules); Pennsylvania (employee retention credit)

Mar 9 - KPMG report: Reminder about partnership reporting for tax year 2021

Mar 7 - KPMG reports: California (unclaimed property); Iowa (corporate income tax rate reduction); Texas (taxable data processing services); Washington State (capital gains tax on individuals)

Mar 4 - Notice 2022-10: Housing expense limit adjustments, foreign locations for 2022

Mar 3 - Sixth Circuit: IRS failed to comply with notice-and-comment process in issuing Notice 2007-83 regarding “listed transactions”

Mar 3 - Sixth Circuit: Rehearing en banc denied in subpart F income case

Mar 3 - IRS updates FAQs on paid sick and family leave credits (COVID-19)

Mar 1 - KPMG report: Avoid common errors when filing Forms series 1099

Mar 1 - KPMG report: Form 1099-K and section 6050W reporting updates

February 2022

Feb 28 - KPMG reports: New York (cyber-protective services, sales tax); Pennsylvania (split-factor appointment); multiple states (federal tax conformity)

Feb 28 - U.S. Tax Court: Cash-surrender value of life insurance policies not includible in estate

Feb 24 - Federal Circuit: Request for Section 1603 grants denied; facilities not placed in service in 2009

Feb 23 - Proposed regulations: Required minimum distributions (text of regulations)

Feb 23 - Rev. Rul. 2022-5: Interest rates, tax underpayments and overpayments (increase for second quarter 2022)

Feb 23 - U.S. Tax Court: Professional basketball franchise not allowed deduction for deferred compensation when amounts not paid to players

Feb 22 - U.S. government’s comments opposing Canada’s digital services tax proposal

Feb 21 - KPMG report: State-level passthrough entity tax; election considerations and upcoming deadlines

Feb 21 - KPMG reports: Alabama (rental tax); Pennsylvania (sales tax on vehicle financing); Utah (reduced tax rates)

Feb 18 - KPMG report: Initial impressions of draft rules for tax base determinations under Pillar One
Amount A

Feb 16 - IRS releases FAQs about relief for partnerships and S corporations preparing Schedules K-2 and K-3 for 2021

Feb 16 - California: “Unprotected” activities resulting in internet sellers losing P.L. 86-272 protection clarified

Feb 16 - Financing structure challenged, Spanish tax authorities look through Dutch entity to impose withholding tax on U.S. entity

Feb 15 - IRS updates FAQs on emergency relief grants to students; no information reporting requirement for education institutions (COVID-19)

Feb 14 - KPMG report: Treasury examines QOZ investments for reporting deficiencies

Feb 14 - KPMG reports: California (COVID-related business tax relief); Idaho (income tax rate reductions); Massachusetts (deductibility of gross receipts taxes); Virginia (property factor)

Feb 9 - IRS adds a new compliance campaign (LB&I division)

Feb 8 - KPMG report: Year-in-review list of U.S. federal tax developments for 2021 (as reported in TaxNewsFlash)

Feb 7 - Delaware: Unclaimed property, voluntary disclosure agreement invitations to be mailed for 2022

Feb 7 - KPMG reports: California (unclaimed property); New York State (taxable information services); Wisconsin (end-user, sales tax purposes)

Feb 6 - KPMG report: Public consultation document on Pillar One—draft model rules for nexus and revenue sourcing

Feb 4 - AOD 2022-1: IRS nonacquiescence to Fifth Circuit’s decision; limitations period for backup withholding

Feb 4 - IRS revokes REIT private letter ruling

January 2022

Jan 31 - Rev. Proc. 2022-14: List of automatic changes, accounting methods

Jan 31 - U.S. Tax Court: Constructive transfer of intangible property in reorganization

Jan 31 - KPMG reports: Florida (apportionment of service receipts); multiple states (NOL deductions in proposed legislation)

Jan 28 - Notice 2022-8: Defined benefit plans, 2022 cumulative list for plan qualification requirements

Jan 28 - KPMG report: Regulations addressing tax treatment of U.S. partnerships and S corporations that own stock of CFCs and PFICs

Jan 26 - Final regulations implementing funding to support state and local governments (COVID-19)

Jan 24 - KPMG report: Certain states currently accepting Form 1099-NEC under CF/SF program

Jan 24 - Final regulations: Rules for determining stock ownership, sections 951A and 958 (text of regulations)

Jan 24 - Proposed regulations: Domestic partnerships and S corporations holding PFICs and CFCs (text of regulations)

Jan 24 - KPMG reports: Connecticut (NOLs and combined return); Michigan (sales tax, delivery charges); North Carolina (corporate franchise tax); Virginia (sales tax, public artwork)

Jan 20 - IRS provides tax relief for taxpayers affected by Tennessee storms, tornadoes

Jan 19 - IRS reminder: Employers must file Forms W-2 and provide Forms 1099-MISC and 1099-NEC by January 31, 2022

Jan 19 - Rev. Proc. 2022-13: Tax Court review of employment tax determinations under section 7436

Jan 18 - Notice 2022-6: Determination of substantially equal periodic payments

Jan 18 - KPMG reports: Florida (automatic corporate refunds); Massachusetts (manufacturing corporation status); Tennessee (drop shipment rule); Virginia (credit for taxes paid to another state)

Jan 14 - Rev. Proc. 2022-10: Pilot program, “fast-track processing” of letter ruling requests by corporate taxpayers

Jan 13 - KPMG report: Section 45Q credit for carbon oxide sequestration; considerations for equipment upgrades and the 80/20 Rule

Jan 12 - IRS corrects Rev. Proc. 2021-54: Insurance companies, unpaid loss discount factors for 2021 accident year

Jan 12 - National Taxpayer Advocate report to Congress identifying taxpayer challenges

Jan 11 - IRS provides tax relief for taxpayers affected by Washington State flooding, mudslides

Jan 11 - Notice 2022-5: Extended temporary relief, low-income housing credit under section 42 (COVID-19)

Jan 10 - U.S. tax season starts January 24, 2022; most individual returns due April 18, 2022

Jan 10 - Puerto Rico: Program for taxpayers to resolve unpaid real property taxes offers relief, discounts

Jan 10 - KPMG reports: Oregon (VoIP collection of E-911 tax); Pennsylvania (manufacturing exemption, sales tax); Tennessee (computer software, sales tax); Texas (manufacturing exemption, sales tax)

Jan 7 - Sixth Circuit: IRS summonses issued to banks of taxpayer’s wife and taxpayer’s lawyers

Jan 6 - IRS provides FAQs regarding research credit claims

Jan 6 - KPMG report: Determining control in public M&A transactions

Jan 5 - Rev. Rul. 2022-2: Covered compensation tables for 2022 plan year

Jan 5 - KPMG report: Recent SEC and FASB comments on accounting for income taxes

Jan 5 - KPMG report: Initial analysis of final regulations concerning foreign tax credit

Jan 4 - KPMG report: Foreign tax credit and certain deductions of life insurance companies (final regulations)

Jan 4 - IRS practice unit: Overview of section 245A dividends received deduction

Jan 4 - IRS modifies Hurricane Ida-related tax relief for taxpayers in six states

Jan 3 - IRS provides tax relief for taxpayers affected by Colorado wildfires

2021 Articles

December 2021

Dec 31 - KPMG report: Outline of measures in IBOR final regulations

Dec 31 - IRS releases annual revenue procedures for 2022

Dec 31 - KPMG report: State, local tax changes (fourth quarter 2021, table format)

Dec 30 - Final regulations: Tax consequences of transition from IBOR to other rates (text of regulations)

Dec 30 - U.S. Treasury release: Countries cooperating with international boycott; no changes

Dec 28 - Final regulations: Foreign tax credit and clarifying FDII (text of regulations)

Dec 28 - Rev. Proc. 2022-11: Indexing factor for use by group health plans and health insurance issuers in 2022

Dec 28 - IRS provides tax relief for taxpayers affected by storms in Alabama

Dec 28 - IRS provides tax relief for taxpayers affected by tornadoes in Arkansas

Dec 23 - Michigan: SALT cap workaround available for 2021 tax year; payments accepted starting December 29, 2021

Dec 23 - TTB guidance: Tax-free withdrawal of distilled spirits for hand sanitizers ends December 31, 2021 (COVID-19)

Dec 22 - KPMG report: Initial analysis of Pillar Two model rules for global minimum tax under OECD/G20 Inclusive Framework

Dec 22 - KPMG report: R&E changes from TCJA effective for tax years beginning after December 31, 2021

Dec 22 - IRS extends Hurricane Ida tax relief to taxpayers in six states to February 15, 2022

Dec 21 - Final regulations on transition from interbank offered rates (IBORs) to other reference rates; OIRA review completed

Dec 21 - Notice 2022-1: Guidance for lenders and loan servicers regarding student loan forgiveness

Dec 21 - Notice 2022-4: Self-insured health insurance annual fee

Dec 21 - U.S. competent authority arrangement concerning pension fund retirement schemes in Malta

Dec 20 - IRS provides tax relief for taxpayers affected by tornadoes in Illinois and Tennessee

Dec 20 - KPMG report: State identification numbers for Forms 1099-MISC and 1099-NEC

Dec 20 - KPMG report: Survey of 2021 insurance tax developments

Dec 20 - KPMG reports: Louisiana (sales and use tax); Massachusetts (sales tax remittances); Washington State (B&O tax); Wisconsin (apportionment of environmental credits)

Dec 20 - OECD: Pillar Two model rules for domestic implementation of 15% global minimum tax

Dec 17 - Notice 2022-3: Standard mileage rates for 2022

Dec 17 - PLR: Payments for use of storage terminal facilities and pipelines qualify under REIT income tests

Dec 16 - Rev. Proc. 2022-9: Automatic consent to change methods of accounting (text of guidance)

Dec 15 - TTB guidance: Updated FAQs regarding craft beverage modernization and tax reform

Dec 15 - Final regulations pending OIRA review: Transition from interbank offered rates (IBORs) to other reference rates

Dec 14 - Notice 2021-66: Excise taxes reimposed, list of “Superfund” taxable chemical substances

Dec 14 - D.C. Circuit: Airline’s claims for refunds of ticket-related security fees from TSA

Dec 14 - IRS provides tax relief for taxpayers affected by tornadoes in Kentucky

Dec 14 - IRS releases five practice units, covering topics including BEAT and foreign tax credit

Dec 13 - FBAR filings: Deadline extended once again—to April 15, 2023—for certain individuals with signature authority

Dec 13 - Final regulations on foreign tax credit, clarification of FDII; OIRA review completed

Dec 13 - Rev. Proc. 2021-54: Insurance companies, unpaid loss discount factors for 2021 accident year

Dec 13 - KPMG reports: Arkansas (income tax rate reductions); Massachusetts (nexus for online retailer); Washington State (notice requirement)

Dec 10 - TTB reminder: Due date for tax returns, payments for alcohol industry annual filers

Dec 7 - Proposed regulations: Beneficial ownership information reporting; possible real estate transaction reporting

Dec 7 - Sixth Circuit: U.S. taxpayer realized subpart F income on sales of appliances manufactured in Mexico

Dec 6 - Notice 2021-65: Termination of employee retention credit, guidance for fourth quarter 2021 (COVID-19)

Dec 6 - KPMG reports: Illinois (electric vehicle charging stations); New York (sales and use tax, websites); Ohio (tax withholding during COVID-19 period)

Dec 3 - Proposed regulations: Health insurance coverage limited to testing, diagnosis not “minimum essential coverage” (COVID-19)

Dec 1 - Delaware: NOL limitation policy not supported by statute (court decision)

Dec 1 - Fifth Circuit: Penalty for FBAR violation applies on per-account basis, not on per-form basis

Dec 1 - Rev. Rul. 2021-20, Rev. Proc. 2021-43: Guidance concerning low-income housing tax credit

Dec 1 - United States and Turkey (Türkiye): Competent authority arrangement regarding exchange of country-by-country reports

November 2021

Nov 30 - Rev. Proc. 2021-53: Temporary modification to safe harbor for distributions by REITs and RICs (COVID-19)

Nov 30 - Notice 2021-64: Required amendments list (2021) for qualified retirement plans and 403(b) plans

Nov 30 - North Carolina: Tax changes in budget legislation

Nov 29 - Final regulations pending OIRA review: Foreign tax credit, clarification of FDII

Nov 24 - United States and India reach agreement regarding “equalization levy” (digital services tax)

Nov 23 - U.S. Tax Court: Determining “immediate supervisor” for approving penalty when revenue agent has two different supervisors

Nov 23 - Rev. Rul. 2021-24: Interest rates, tax underpayments and overpayments (no changes for first quarter 2022)

Nov 22 - United States and Turkey (Türkiye) announce digital services tax agreement

Nov 22 - KPMG reports: Louisiana (individual tax measures); New Mexico (tax procedure); North Carolina (tax rate changes)

Nov 22 - Proposed regulations: “Minimum essential coverage” regarding health insurance (text of regulations)

Nov 18 - Rev. Procs. 2021-48, 2021-49, 2021-50: Tax treatment of PPP loan forgiveness; partnership allocations and stock basis adjustments

Nov 18 - Tier 2 tax rates for railroads, no changes for 2022

Nov 18 - U.S. Tax Court: IRA’s investment in coins, followed by taxpayer taking physical possession of the coins, held a taxable distribution

Nov 17 - Regulations: Information reporting about prescription drugs and health care spending by group health plans and health insurance issuers

Nov 17 - IRS expands tax relief to all taxpayers in Mississippi affected by Hurricane Ida

Nov 16 - Notice 2021-63: Clarifying temporary 100% deduction for food or beverages from restaurants and per diem rates

Nov 16 - KPMG report: Inflation adjustments for information return penalties (Rev. Proc. 2021-45)

Nov 15 - President signs bipartisan infrastructure bill, tax provisions are enacted

Nov 15 - IRS launches quality review tool for Form 1042-S data

Nov 15 - IRS extends tax relief for taxpayers affected by California wildfires

Nov 15 - KPMG reports: Arkansas (marketplace facilitators); Arkansas and Colorado (sales tax, food tours); Illinois (sales tax refunds); Massachusetts (pass-through entity tax); Texas (taxable information services)

Nov 12 - Notice 2021-35: Carbon oxide sequestration credit, inflation adjustment factor for 2021 under section 45Q

Nov 10 - Rev. Proc. 2021-45: Inflation adjustments for 2022, individual taxpayers

Nov 10 - Deadline for QI / WP / WT applications for 2021 is November 26, 2021

Nov 8 - Rev. Proc. 2021-47: Federal tax treatment and information reporting of payments made on behalf of financially distressed homeowners (COVID-19)

Nov 8 - KPMG reports: Illinois (apportionment and Bitcoin); Illinois (online retailer); Kansas (marketplace facilitator); Massachusetts (manufacturing corporation)

Nov 4 - Notice 2021-61: Pension plans, cost-of-living adjustments for 2022

Nov 4 - Treasury to allocate $5 billion in New Markets Tax Credit (NMTC) authority for 2021

Nov 3 - IRS releases FAQs as reporting guidance for “carried interests”

Nov 3 - PLR: Prior IRS guidance for public utilities regarding proper application of excess deferred income tax normalization consistency rules validated

Nov 3 - IRS filing, payment relief for taxpayers affected by Hurricane Ida (Connecticut)

Nov 3 - IRS practice unit: Expense allocation and apportionment in calculation of foreign tax credit limitation

Nov 1 - Puerto Rico: New consolidated form for monthly reporting of sales and use tax and tax on imports

Nov 1 - KPMG reports: California (L.A. business tax); Iowa (web-hosting services); Louisiana (transfer pricing); Texas (marketplace mobile app)

October 2021

Oct 27 - IRS expands tax relief, certain taxpayers in Mississippi affected by Hurricane Ida

Oct 27 - IRS practice units: U.S. trade or business, permanent establishment; nonresident employee education expenses

Oct 25 - KPMG reports: Illinois (marketplace facilitators); Louisiana (pending tax-related referendum)

Oct 22 - IRS guidance (FAQs) for employers seeking to rehire retirees or retain employees after retirement age (COVID-19)

Oct 21 - U.S. Treasury statement regarding digital services taxes imposed by Austria, France, Italy, Spain, United Kingdom

Oct 20 - KPMG report: State and local tax, technology-related developments (table, third quarter 2021)

Oct 20 - KPMG report: Year-end tax considerations for cryptocurrency investors

Oct 18 - LB&I video-conferencing for large business taxpayers

Oct 18 - KPMG reports: Alaska (failure to file electronically); Oregon (sales factor and foreign dividends); Texas (apportionment); Texas (sales tax nexus)

Oct 15 - IRS clarifies FAQs may offer reasonable cause for penalty protection, but are not precedential

Oct 15 - IRS sets forth required information for valid research credit claim for refund (Chief Counsel legal advice memo)

Oct 15 - Rev. Rul. 2021-19: Fringe benefit aircraft valuations, second half of 2021

Oct 12 - Notice 2021-57: Funding relief for multi-employer defined benefit pension plans pursuant to “American Rescue Plan Act of 2021”

Oct 12 - Notice 2021-59: Deferred applicability dates for foreign currency guidance under section 987

Oct 11 - KPMG reports: California (property tax, solar energy); Michigan (alternative apportionment formula); New Jersey (combined reporting)

Oct 9 - KPMG report: OECD/G20 Inclusive Framework agreement on BEPS 2.0

Oct 8 - OECD: Agreement for global minimum tax, to resolve international taxation of digital economy

Oct 7 - KPMG report: Form 1099-NEC added to the combined federal-state filing program

Oct 7 - Texas: Revised R&D rules for state tax purposes

Oct 7 - U.S. Treasury release: No change to list of countries cooperating with international boycott

Oct 6 - FBAR filing deadline relief for persons affected by certain natural disasters

Oct 6 - Notice 2021-58: Application of certain extensions under COBRA (COVID-19)

Oct 4 - IRS practice unit: Examining a reseller’s section 263A computation

Oct 4 - KPMG reports: Arkansas (add back); Massachusetts (sales tax); Mississippi (software, sales tax); Virginia (NOL carrybacks)

September 2021

Sep 30 - Regulations: Measures to address “surprise” medical billing

Sep 30 - Washington State: High court upholds B&O tax surcharge on banks

Sep 28 - Rev. Proc. 2021-32: Updated list of countries, deposit interest paid to nonresident aliens (Chile, Dominican Republic, Singapore)

Sep 27 - Final regulations: Process, user fee for requesting estate tax closing letter

Sep 27 - KPMG reports: New Jersey (royalty payments); Ohio (local billboard tax); Pennsylvania (remote supply services); Washington State (heavy equipment rental tax)

Sep 24 - KPMG report: State, local tax changes (third quarter 2021, table format)

Sep 24 - Notice 2021-55: Farmers, ranchers affected by drought allowed more time to replace livestock

Sep 22 - IRS webpage: Resource and information about refunds subject to review by Joint Committee on Taxation

Sep 22 - Senate approves Assistant Secretary for Tax Policy

Sep 21 - Final regulations: Distributions of property by corporations to shareholders

Sep 21 - Final regulations: Rules relating to qualified business asset investment (QBAI) (text of regulations)

Sep 20 - PLRs: IRS acceptance of non-traditional real property (such as fiber optic cable) for REIT income tests

Sep 20 - KPMG reports: California (sales tax, farming equipment); Florida (corporate income tax rate); Nevada (local franchise fees); Pennsylvania (corporate net income tax refund)

Sep 16 - IRS practice units: Section 263A costs for self-constructed assets; limitation of exchange gain or loss

Sep 15 - IRS extends dyed diesel fuel penalty relief in Louisiana, response to hurricanes

Sep 14 - Proposed regulations: Changes to Form 5500 annual returns filed for employee pension plans

Sep 14 - Tax relief for taxpayers in Pennsylvania affected by Hurricane Ida

Sep 14 - Texas: Leasing company entitled to use lower wholesale franchise tax rate; Texas high court to review satellite radio sourcing rules

Sep 13 - Rev. Proc. 2021-41: Foreign insurance companies; effectively connected net investment income (2020)

Sep 13 - IRS provides tax relief for taxpayers in North Carolina affected by Tropical Storm Fred

Sep 13 - KPMG report: Marketplace facilitator updates (California, Illinois, Texas)

Sep 13 - KPMG reports: Colorado (online learning platform); Virginia and Washington (bag tax); West Virginia (streaming services)

Sep 10 - IRS Priority Guidance Plan for 2021-2022

Sep 10 - IRS reminder: Cost of home testing is eligible medical expense; reimbursable under FSAs, HSAs (COVID-19)

Sep 10 - Tax relief for taxpayers in Mississippi affected by Hurricane Ida

Sep 8 - Regulations: Recapture of excess employment tax credits under the “American Rescue Plan Act” (COVID-19)

Sep 8 - IRS provides tax relief for taxpayers affected by Hurricane Ida (New York and New Jersey)

Sep 8 - KPMG report: Like-kind exchange relief for taxpayers affected by Hurricane Ida

Sep 7 - Notice 2021-53: Reporting qualified sick leave, qualified family leave wages (COVID-19)

Sep 7 - KPMG report: Draft forms and instructions in W-8 series

Sep 3 - Notice 2021-52: Per diem rates, substantiation of employee lodging, meals, incidentals (2021-2022)

Sep 3 - Penalty for failure to deposit taxes under CARES Act (Chief Counsel legal advice memo)

Sep 1 - Rev. Proc. 2021-37, Rev. Proc. 2021-38: Pre-approved retirement plans

Sep 1 - Treasury awards $5 billion in New Markets Tax Credit (NMTC) allocations

Sep 1 - IRS practice unit: Foreign tax credit (business) general principles

Sep 1 - IRS to waive dyed fuel penalty in Louisiana; hurricane-related relief

August 2021

Aug 31 - Rev. Proc. 2021-39: Further extension of relief regarding tax-exempt bonds (COVID-19)

Aug 31 - IRS provides tax relief for taxpayers in Louisiana affected by Hurricane Ida

Aug 30 - KPMG reports: California (worker’s compensation); Michigan (business tax sales factor); New York (passthrough entity tax); multiple states (business activity by internet seller)

Aug 27 - IRS provides tax relief for taxpayers affected by August 2021 storms in Tennessee

Aug 27 - Tax relief for taxpayers in California affected by wildfires

Aug 25 - Seventh Circuit: Safe harbor relief from federal excise tax, refurbished heavy truck tractors

Aug 25 - Rev. Rul. 2021-17: Interest rates, tax underpayments and overpayments (no changes for fourth quarter 2021)

Aug 25 - KPMG report: IRS extends certification deadline for certain employers claiming work opportunity tax credit

Aug 24 - Notice 2021-51: Revised applicability date, withholding and reporting regarding publicly traded partnership interests

Aug 24 - IRS practice units: Transfers of property to partnerships; accuracy-related penalty and reportable transactions

Aug 24 - KPMG report: Employee retention credit—additional guidance ties up many loose ends

Aug 23 - IRS opens application period for 2022 Compliance Assurance Process (CAP) program

Aug 23 - KPMG reports: Colorado (federal tax conformity); North Carolina (sourcing, asset management services); Texas (sourcing, satellite radio service)

Aug 16 - U.S. Tax Court: Treaty provisions do not allow foreign tax credit offset against net investment income tax

Aug 16 - KPMG report: Tax updates for facilitators of accommodations (New Hampshire, Virginia)

Aug 16 - KPMG reports: Hawaii (software, excise tax); Pennsylvania (erroneous sales tax collection); Oregon (corporate activity tax)

Aug 12 - Rev. Proc. 2021-35, Rev. Proc. 2021-34: Safe harbor method accounting, OID on pool of credit card receivables and related automatic consent

Aug 10 - Notice 2021-43: Relief for certain employers claiming the Work Opportunity Tax Credit

Aug 10 - Rev. Proc. 2021-33: Safe harbor for employers to exclude amounts for determining employee retention credit eligibility

Aug 9 - KPMG report: Second set of corrective amendments to qualified opportunity fund regulations

Aug 9 - KPMG reports: Arkansas (NOL add-back); Colorado (cable television services); Connecticut (relief for sellers of meals); Washington State (retailer’s nexus)

Aug 6 - Notice 2021-47: Enhanced oil recovery credit for 2021

Aug 6 - Rev. Proc. 2021-31: Automobile depreciation deduction limits for 2021

Aug 6 - IRS reminder: Plans retroactively adopted after the end of the plan year have no 2020 Form 5500 filing requirement

Aug 4 - Notice 2021-49: Guidance for employers claiming employee retention credit, for third and fourth quarters 2021

Aug 4 - IRS practice unit: Penalty for failure to include reportable transaction information

Aug 3 - Competent authority arrangements on derivative benefits under United States-United Kingdom income tax treaty

Aug 3 - Updated FAQs concerning PPP loans, SBA discontinues “loan necessity questionnaire”

Aug 2 - Notice 2021-48: Guidance on single-employer defined benefit pension plan funding changes

Aug 2 - KPMG report: Expiring nexus and withholding relief in multiple states (COVID-19)

Aug 2 - KPMG report: Marketplace facilitator updates (Alabama, Missouri, New Mexico)

Aug 2 - KPMG reports: Florida (federal tax conformity); Virginia (easy return labels subject to sales and use tax)

July 2021

Jul 29 - IRS updates FAQs on paid leave credits available for employers; leave provided to employees with regard to vaccinations (COVID-19)

Jul 28 - Interim final rule: PPP loan forgiveness process, appeals deferment (COVID-19)

Jul 28 - IRS practice unit: Overview of section 987 and branch operations in a foreign currency

Jul 28 - KPMG report: Employers helping employees—disaster relief

Jul 28 - KPMG report: Treaty claims and Form W-8BEN-E

Jul 26 - IRS revises system for filing information returns electronically

Jul 26 - Notice 2021-46: Additional IRS guidance on premium assistance for COBRA benefits

Jul 26 - KPMG report: Marketplace facilitator legislation (Alaska, Colorado, Florida, Illinois, Kansas, Missouri)

Jul 26 - KPMG reports: Indiana (franchise fee litigation); Michigan (advertising materials)

Jul 22 - U.S. list of countries cooperating with international boycott; no change

Jul 21 - Proposed regulations: Electronic-filing requirements for specific tax returns, other documents

Jul 21 - IRS provides tax relief for taxpayers affected by June 2021 storms in Michigan

Jul 19 - KPMG report: Treatment of PPP loans (California, Hawaii, Minnesota, Rhode Island)

Jul 19 - KPMG reports: Arizona (digital data); California (SALT cap work-around); Oregon (corporate activity tax)

Jul 16 - Rev. Proc. 2021-30: Employee plans correction methods, updated

Jul 16 - Section 482 adjustments for cost-sharing agreements with reverse claw-back provisions (Chief Counsel legal advice memo)

Jul 16 - KPMG report: State and local tax, technology-related guidance (table, second quarter 2021)

Jul 10 - G20 Finance Ministers conclude meeting with agreement for global minimum tax, other measures

Jul 9 - Notice 2021-38: PBGC special financial assistance for multiemployer defined benefit pension plans financially at risk

Jul 9 - IRS practice units: FDII and computing qualified research expenses

Jul 6 - Regulations: Implementing “no surprises” measures, medical and health-related bills

Jul 6 - IRS provides FAQs on tax treatment of Treasury grants for transportation service companies (COVID-19)

Jul 2 - Delaware: New unclaimed property enforcement provisions are enacted

Jul 2 - IRS practice unit: Foreign tax redeterminations

Jul 2 - KPMG report: OECD/G20 Inclusive Framework agreement on BEPS 2.0

Jul 1 - Rev. Rul. 2021-13: Credit for carbon oxide sequestration under section 45Q

June 2021

Jun 30 - Notice 2021-39: Transition relief, new Schedules K-2 and K-3 for enhance reporting of international tax matters by pass-through entities

Jun 30 - Notice 2021-42: Employer leave-based donation programs, extended for 2021 (COVID-19)

Jun 30 - Rev. Proc. 2021-14: Guidance on NOL elections and revocations, farming losses

Jun 30 - IRS practice unit: Allocation methods of personal use of aircraft

Jun 29 - Notice 2021-41: Continuity safe harbor is extended, renewable energy projects

Jun 29 - KPMG report: State, local tax changes (second quarter 2021, table format)

Jun 28 - KPMG reports: Colorado (combined reporting); Connecticut (corporate surtax); Florida (sales tax holiday); New Hampshire (forgiven PPP loans); Vermont (forgiven PPP loans)

Jun 24 - Notice 2021-40: One-year extension allowing retirement plan elections and spousal consents to be signed remotely (COVID-19)

Jun 24 - CDC extends temporary eviction moratorium through July 2021 (COVID-19)

Jun 24 - IRS releases tax collection data for fiscal year 2020

Jun 23 - TTB guidance: Extended tax-free withdrawal of distilled spirits for hand sanitizers (COVID-19)

Jun 22 - Virginia: Pro-forma combined reports due July 1, 2021; certain single-entity unitary businesses required to file

Jun 21 - Request for information, reporting of pharmacy benefits and prescription drug costs by group health plans and health insurance

Jun 21 - KPMG reports: Illinois (manufacturing exemption); Iowa (bonus depreciation); New York State (non-filer liability); Texas (marketplace facilitator)

Jun 18 - IRS practice unit: Concepts of GILTI

Jun 18 - Puerto Rico: “Back to school” sales and use tax exemption

Jun 17 - Rev. Proc. 2021-28: Real property trade or business, 30-year recovery under alternative depreciation system

Jun 17 - Rev. Proc. 2021-29: Process for partnerships applying for 30-year alternative depreciation recovery period for residential rental property

Jun 17 - U.S. Supreme Court: Implications for protective refund claims for ACA-related taxes and fees

Jun 14 - KPMG report: Permanent establishment-related considerations, employees working remotely

Jun 14 - KPMG report: Planning in advance for Biden Administration’s proposed increased tax rates

Jun 14 - KPMG report: Treasury releases the American Families Plan tax compliance agenda

Jun 14 - Updated FAQs concerning PPP loans, nonprofits in Puerto Rico

Jun 14 - KPMG reports: Colorado (marketplace facilitator); Nevada (mining excise tax); Nevada (business tax refunds); Vermont (taxable meal facilitator); Washington State (payroll tax, B&O surcharge)

Jun 11 - AOD 2021-3: Nonacquiescence to Eleventh Circuit decision, professional employer organization’s claims for FICA credits

Jun 11 - IRS practice unit: Partner’s outside basis

Jun 11 - IRS provides FAQs provide guidance for individuals, SMEs under “American Rescue Plan” (COVID-19)

Jun 11 - Rev. Rul. 2021-11: Fringe benefit aircraft valuations, first half of 2021

Jun 10 - Final regulations: Mandatory 60-day postponement of tax deadlines, federally declared disasters

Jun 10 - IRS provides tax relief for taxpayers affected by May 2021 storms in Louisiana

Jun 10 - IRS adds a new compliance campaign (LB&I division)

Jun 10 - Senate Finance Committee approves Treasury Department officials, including Assistant Secretary for Tax Policy

Jun 10 - Notice 2021-36: Future amendments to regulations under sections 59A and 6038A for reporting qualified derivative payments

Jun 7 - Puerto Rico: Reduced sales and use tax for prepared foods involving marketplace facilitators

Jun 7 - Announcement 2021-11: Competent authorities add individual savings plans as eligible for dividend benefits under United States-Switzerland tax treaty

Jun 7 - KPMG reports: New Jersey (Public Law 86-272); New Jersey (NOL carryforward); Maryland (digital advertising services); Tennessee (sales tax holiday); multistate (corporate tax rate reductions)

Jun 7 - KPMG report: Analysis and observations about tax measures in G7 communique

Jun 5 - Communique from meeting of G7 finance ministers and central bank governors

Jun 3 - Illinois: Budget agreement includes corporate tax revenue raisers

Jun 2 - Fifth Circuit: Taxpayer not a “bank” and thus not allowed to deduct certain losses

Jun 2 - Ninth Circuit: FSC used to transfer funds from family business into Roth IRAs (Tax Court reversed)

Jun 2 - United States suspends tariffs on goods from six countries, digital services tax investigations

Jun 1 - IRS provides tax relief for taxpayers affected by February 2021 storms in West Virginia

Jun 1 - KPMG report: Accounting considerations for the UK “super-deduction”

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