Canada's Trudeau Wants To Raise Capital Gains Taxes To 66.6 %

Here is word for word a copy of an email sent to my inbox recently.  Beware of all the swearing in case you may be offended. These are the types of emails I receive.

“My home and native land has officially gone to hell… And in this case, I mean it literally.

Canada just passed a new budget act upping the exclusion rate for capital gains to 66.6%

“By increasing the capital gains inclusion rate, we will tackle one of the most regressive elements in Canada’s tax system,” the government said in the budget document. The current 50% inclusion rate on capital gains disproportionately benefits the wealthy, who earn relatively more income from capital gains compared to the middle class, the government said.

It’s incredible they think that a “50% tax” is the wealthy getting off easy, and that they needed to fix the situation by raising it to 66.6%.

My inbox has exploded with private client work over this, and of my 8 consulting calls yesterday, 7 of them discussed this (even my American clients are looking to protect themselves if something like this comes to the US.)

Quickly, I want to say that if you are sitting on large capital gains in Canada, you should consider realizing those capital gains before June 25th, 2024; basically before this goes into effect.

And while you’re at it, I would tell these Satan worshippers to go fu8k themselves and move your money offshore.”

What do you think?

Event Waivers And Releases

Written waivers and releases (generally, here, a “Release”) have become ubiquitous in the American way of life – axe throws, bounce houses, rock climbing parks, mechanical bulls, little league registration, school activities, soccer clubs, trampoline parks, church events, etc.  Americans sign Releases all the time and few who sign likely take the time to actually read, much less appreciate, what it is they are signing.

For the event organizer, it is usually better to have a well-crafted Release and not need it, than to need one and not have it.  Whether to include and administer a Release for an event or other business activity is a business decision.

For the entity desiring to install a Release into an activity’s execution, the Release should be carefully tailored to address the specific activity and risks involved. For example, if the Release contains an assumption of risk, the risks should be – from a best practices perspective – updated on a case-by-case basis to reflect the actual activity made the basis of the Release.

For sports activities (for example), common risks include falling, collision with other players or objects, exposure to temperature extremes or inclement weather, fatigue, dehydration, failing to play safely or within the limitations of one’s abilities, negligence of participants or others. Other activities, such as mechanical bulls or rock climbing, may have other or different risks to disclose.

The actual release provision is important. Some Releases purport to release certain individuals from their own negligence or even gross negligence or willful misconduct. The greater the scope of the release provision, the greater the scrutiny that may be applied when it is sought for enforcement. Also, many times a Release provides that the signer is releasing or waiving claims of or for another, but in reality, it is someone else, such as the signer’s minor child, who is the actual participant in the activity.

Read More

Spotlight Interview: Chuck Levun and Michael Cohen on Educating CPAs, Attorneys and Other Tax Planning Professionals

Spotlight Interview Part 1:

Chuck Levun and Michael Cohen on Educating CPAs, Attorneys and Other Tax Planning Professionals – As Well as Their Seasoned Advice for Tax Professionals New and Old

For more than thirty-seven years, Charles R. Levun and Michael J. Cohen (the founders of Tax Forum) have been creating and presenting the preeminent seminars on flow-through taxation. The two flagship Tax Forum programs are Fundamentals of Flow-Through® and Tax Planning Forum®.  In addition, Tax Forum is expanding its programs to include self-study (on-demand) training, as well as working on an additional course, which they will share with us soon.

Please read Part 1 of this special interview for Chuck’s and Michael’s descriptions of these programs and education in the flow-through taxation arena. Part 2 will focus on significant tax planning challenges that partnerships face … and the biggest mistakes Chuck and Michael have seen, that they will help you avoid.

Speaking of avoiding potential big mistakes, take a moment to register for Tax Forum’s complimentary webinar:

Avoiding Costly Mistakes: Four Essential Tax Concepts for the Non-Tax Business Attorney or CPA taking place on Thursday, May 16th at Noon CDT

You will appreciate what you will learn by spending time with these leading tax experts/educators.

Kat Jennings’ Question:

First of all, tell us about your favorite career accomplishments?

Chuck Levun’s Answer:

I’ve had many. However, perhaps my favorite is to have developed the Tax Planning Forum and the Fundamentals of Flow-Through tax programs with my partner, Michael Cohen. We’re in our 38th year of presenting these partnership, LLC and S corporation flow-through programs for tax professionals, and I feel that we have assisted several decades of tax professionals to be better educated and better able to assist their clients in closely held business matters.

Michael and I have also been very fortunate to have served as the editors-in-chief of the Journal of Passthrough Entities during its entire 20-year publication, and to have written 400 monthly Partner’s Perspective columns for the Wolters Kluwer (CCH) Partnership Tax Planning and Practice Guide. These vehicles enabled us to learn and assist others to learn at the same time.

But maybe, the most rewarding aspect of all this is the opportunity we have had to not only educate other professionals but also to assist them in growing their practices and retaining clients who are in need of creative business structuring. I also have been involved in mentoring other professionals, both officially and unofficially. More recently, I have been involved with both the Chicago Bar Association and the ABA Tax Section in their mentoring and diversity programs. These mentoring relationships have turned into friendships, and it’s been amazing watching young professionals blossom and grow.

Kat Jennings’ Question:

What is Tax Forum and what is its origin?

Read More

Sales And Use Tax 101 – You Don’t Know What You Don’t Know

Sales and use tax compliance can be daunting. Regulations vary by state and jurisdiction making them difficult to navigate, and to make matters even more complex, the rules are ever-changing.

For many people, the concept of sales tax is just a charge you see on your receipt. Expanding your knowledge base to understand the compliance side of sales tax is far from your idea of fun, however, it’s an essential aspect of conducting business.

The following is a basic outline of compliance, Sales and Use Tax 101, if you will, because, let’s face it, ‘You don’t know what you don’t know.’

What Is Sales Tax?

Sales tax is a tax imposed on the sale of goods and services, which is generally calculated as a percentage of the sale price. It is generally collected by the seller at the time of purchase and remitted to the state or local government.

Sales tax is a jurisdictional tax, which means that each state or jurisdiction has its own set of sales tax rates and rules. The amount of sales tax collected is based on the sales tax rate in the jurisdiction where the sale was made, or where the customer is located.

There are four types of Sales Tax: Sellers Privilege, Consumer Levy, Gross Receipts, and Transaction Tax, and each type is imposed differently, whether on the Seller or Purchaser or on the transaction itself.

What Is Use Tax?

Read More

Avoiding Costly Mistakes: Four Essential Tax Concepts For Attorneys And CPAs

Register For Complimentary Webinar

Even smaller matters might have big traps and significant tax implications – leading to unexpected tax liabilities for your clients and potential malpractice claims for the professionals.

During this one-hour webinar, the Tax Forum team of Chuck LevunMichael Cohen, and Scott Miller will provide a top-level look at …

  • Converting an existing S corporation to an LLC on a tax-free basis to obtain “charging order” protection
  • Simple business structuring to circumvent the $10k deduction limitation for the portion of state and local income taxes attributable to partnership/LLC and S corporation income
  • How not to cause your client to be one of the estimated 500k+ LLCs that incorrectly thought it was going to be taxed as an S corporation but, because of certain language contained in its operating agreement, is not an S corporation
  • Personal goodwill and the C corporation business sale – identifying situations in which double tax can be avoided

Any one of these could make the difference between you being a hero or creating a significant problem for your clients.

This webinar is geared for attorneys and CPAs who handle matters (even on a limited basis) involving closely-held businesses and smaller mid-market companies.

Please bring your questions, as the presentation will include a live Q&A session.

About Tax Forum:

Tax Forum presents flow-through tax programs that are considered the preeminent training seminars for professionals who handle partnership, LLC and S corporation tax and business planning.

Read More

Understanding The Alternative Simplified Credit Calculation For R&D

The Research and Development (R&D) Tax Credit is a valuable incentive offered by the US government to encourage innovation. However, calculating this credit can involve complex formulas and historical data analysis. This is where the Alternative Simplified Credit (ASC) method comes in, offering a streamlined approach for qualifying businesses.

Traditional vs. Alternative Simplified Credit Calculation

The Regular Historical method for calculating the R&D Tax Credit involves a complex formula that requires the calculation of a fixed base percent using information most companies do not have (1984-1988 financial information). The ASC method offers a simpler alternative, particularly for companies that don’t have extensive R&D history or lack the resources for a detailed analysis. Here’s what you need to know:

  • Eligibility: The ASC method is available to all companies with QREs in the current tax year and the previous three tax years. Exceptions do apply for any previous year of the three prior years with no QREs.
  • Calculation Steps:
    1. Identify Average QREs: Calculate the average of your qualified research expenses from the preceding three tax years. Or, zero if you do not have a prior three years of qualified expenses.
    2. Apply Base Percentage: Multiply the average QREs by 50%.
    3. Determine Creditable Excess: Subtract the result from Step 2 (base amount) from your current year’s qualified research expenses.
    4. Apply Credit Rate: Multiply the creditable excess by 14%.
Benefits Of The ASC Method
  • Simplicity: The ASC method requires less data and offers a straightforward calculation approach.
  • Reduced Time and Costs: Businesses can save time and resources compared to the traditional method.
  • Accessibility: The ASC method makes the R&D Tax Credit more accessible to smaller companies or startups.
Considerations Before Using The ASC Method
  • Potential Benefits: With a detailed estimate analysis, both methods can be evaluated. If the proper documentation is available, the most advantageous method will be suggested. When engaged, we will document accordingly.
  • Businesses with significant and consistent R&D expenses might benefit more from a detailed analysis.
  • Professional Guidance: Regardless of the chosen method, seeking the advice of a qualified tax professional is recommended to ensure you maximize your R&D Tax Credit potential and comply with regulations.
    Read More
California's AB 2829 Digital Advertising Tax Proposal

California has proposed a new digital advertising tax (AB 2829) that has been met with mixed reactions from businesses and consumers alike. If passed, the tax would be levied on large-scale California businesses that generate over $100,000,000.00 in annual global revenue from digital advertising services and would take effect on January 1, 2025.

Some have hailed the proposal as a way to generate much-needed revenue for the state’s budget, which was hit hard by the COVID-19 pandemic and has not yet fully recovered. Supporters of the tax also argue that it would help level the playing field between brick-and-mortar businesses and digital retailers, which have avoided many of the taxes and regulations that traditional companies face.

Opponents of the tax disagree and argue that the new tax would be harmful to both businesses and consumers alike. Opponents argue that it would make it more difficult for businesses to compete in an already challenging economic environment and that the tax would be difficult to enforce as it raises constitutional concerns surrounding the Due Process and Commerce Clauses. Opponents also argue that although there is an anti-passthrough provision disallowing the tax from being charged to the consumer as a separate fee, surcharge, or line item, businesses would instead pass the cost along to consumers under the guise of higher prices.

This recent California proposal has generated significant debate and controversy, with solid arguments on both sides. What are your thoughts?

You can reach Dan Thompson at Dan@thompsontax.com or call 916.333.2404

THE TAX RELIEF FOR AMERICAN FAMILIES ACT

Part 1: Tax Relief for Working Families

Calculation of Refundable Credit on a Per-Child Basis. —Under current law, the maximum refundable child tax credit for a taxpayer is computed by multiplying that taxpayer’s earned income (in excess of $2,500) by 15 percent. This provision modifies the calculation of the maximum refundable credit amount by providing that taxpayers first multiply their earned income (in excess of $2,500) by 15 percent, and then multiply that amount by the number of qualifying children. This policy would be effective for tax years 2023, 2024, and 2025. Modification in Overall Limit on Refundable Child Tax Credit. —Under current law, the maximum refundable child tax credit is limited to $1,600 per child for 2023, even if the earned income limitation described above is in excess of this amount. This provision increases the maximum refundable amount per child to $1,800 in tax year 2023, $1,900 in tax year 2024, and $2,000 in tax year 2025, along with the inflation adjustment described below.
Adjustment of Child Tax Credit for Inflation. —This provision would adjust the $2,000 value of the child tax credit for inflation in tax years 2024 and 2025, rounded down to the nearest $100. Rule for Determination of Earned Income. —For tax years 2024 and 2025, taxpayers may, at their election, use their earned income from the prior taxable year in calculating their maximum child tax credit if the taxpayer’s earned income in the current taxable year was less than the taxpayer’s earned income in the prior taxable year.

READ THE NINE PAGE PROPOSAL

How To Find A Tax Job

The Day After April 15th: How To Find A Tax Job When Your Firm Downsizes

With wars spreading throughout the world, tax and accounting professionals must build a backup business plan to protect their tax careers from unwanted interruptions. Unless you are not paying attention, (doubtful since tax professionals are highly educated), world events are quickly unfolding that will affect the tax and accounting profession, too. Previous wars are a good indicator of future actions, with generations having lived their lives through the Vietnam War(1969-1973); Persian Gulf War(1993); Afghanistan War( 2001-2014); Iraq War( 2003-2011, we know wars create a fast track to downsizing firms. While the government is funding wars in Ukraine, Russia, Israel with Iran; U.S. taxpayers are increasingly taxed to the max. We know from years of experience that large firms downsize to reduce overhead costs after April 15th . They now call downsizings, a rightsizing which is an oxymoron. A firm rightsizing is the process of restructuring an organization by cutting costs, reducing employees, or reforming upper management. For tax and accounting professionals caught in these rightsizings, it is devastating. However, this time it is different, as we built a safety net to protect tax professionals.

What action should you take now to support and protect your tax career?

A tax career is smart choice, if you manage it properly, and this means taking personal responsibility for marketing yourself. Every firm’s marketing budget focus is on the firms’ name and brand, not your name. What most tax staff do not realize is that the Tax Partners who are knocking it out of the ballpark for their firms are privately investing their own money in marketing themselves. You need not wait to make Tax Partner to realize what really happens. Years ago, a Tax Partner privately confided in me, they would rather get a root canal than go in and ask management at the firm for money to market themselves. They told me the answer would be a hard no! The firm’s marketing budget is spent on a firm’s name, not individual names. This makes good business sense since the turnover rate is 25%-30% in the Big Four. Most do not realize that the Tax Partners who are doing well in large firms invest in marketing themselves out of their own pocket. Once you learn this lesson, you learn to start early in taking personal responsibility to market your tax expertise.

Read More

Where Do Presidential Candidates Stand On Taxes?

The research on Presidential candidates and where they stand is a must read provided by the Tax Foundation. TaxConnections highly recommends you take the time to read the research provided by this non profit comprised of researchers and the best of the  tax profession. According to the Tax Foundation, Tax policy has become a significant focus of the U.S. 2024 presidential election. The Tax Foundation has created this tool to keep track of the tax policies proposed by presidential candidates during their campaigns. It is smart to pay attention to the Tax Foundation site.

Joe Biden, under his proposed budget for fiscal year 2024, would increase tax rates on corporate, individual, and capital gains income; expand tax credits for workers and families; and expand tax bases to include more types of income. 

Business Taxes: 
  • Increase the corporate income tax rate to 28 percentRead more
  • Increase the global intangible low-taxed income (GILTI) tax rate from 10.5 percent to 21 percent and repeal the reduced tax rate on foreign-derived intangible income (FDII). Read more
  • Repeal the base erosion and anti-abuse tax (BEAT) and replace it with an undertaxed profits rule (UTPR) consistent with the OECD/G20 global minimum tax model rulesRead more
  • Expand the net investment income tax to non-passive business income. Read more
  • Raise taxes on the fossil fuel industryRead more
Capital Gains and Dividend Taxes: 
  • Tax long-term capital gains and qualified dividends at ordinary income tax rates for taxable income above $1 million and tax unrealized capital gains at death above a $5 million exemption ($10 million for joint filers). Read more
  • Tax carried interest as ordinary income. Read more
  • Impose a minimum effective tax rate of 20 percent on an expanded measure of income including unrealized capital gains for households with net wealth above $100 million. Read more
Credits, Deductions, and Exemptions: 
  • Make the Child Tax Credit fully refundable on a permanent basis. Read more
  • Increase the Child Tax Credit to $3,600 for young children and $3,000 for older children, make it fully refundable, and make other changes, on a temporary basis. Read more
  • Increase the Earned Income Tax Credit for workers without qualifying children on a permanent basis. Read more
  • Expand premium tax credits on a permanent basis. Read more

Read More

Foreign Self-Employment Income: A US Expat’s Guide

Navigating the intricate world of expat taxes presents unique challenges and reporting obligations for self-employed U.S. citizens living abroad. Understanding the nuances of foreign income, tax treaties, and self-employment taxes is crucial for maintaining compliance with the IRS while optimizing financial health.

WHAT CONSTITUTES FOREIGN SELF-EMPLOYMENT INCOME?

Foreign self-employment income refers to the income earned by self-employed individuals who work outside of the United States. The IRS defines self-employment income as any income earned through a trade or business when you are a sole proprietor or a member of a partnership, and it includes income earned from side gigs or part-time businesses. Self-employment income is subject to self-employment taxes, which include Social Security and Medicare taxes, and self-employed individuals are required to pay quarterly estimated taxes in addition to filing an annual return.

WHAT IS THE THRESHOLD FOR REPORTING FOREIGN SELF-EMPLOYMENT INCOME?

If your net earnings from self-employment exceed $400, you are required to report this income on a US tax return. This income threshold applies to all self-employed individuals, including those working abroad, and encompasses your worldwide income.

WHAT IS THE U.S. SELF-EMPLOYMENT TAX RATE?

For the tax year 2023, US expats who are self-employed need to be aware of the self-employment tax rate that applies to their net earnings. The Internal Revenue Service (IRS) outlines that the total self-employment tax rate is composed of two parts: a 12.4% contribution towards Social Security and an additional 2.9% that goes towards Medicare. Collectively, this brings the self-employment tax rate to approximately 15.3% of your net profit.

Read More

Crapo Blasts President’s Budget: “Higher Taxes For The Majority To Support Government Subsidies For The Few”
At hearing with Treasury Secretary Yellen, Crapo highlights contrast between pro-growth tax policy and proposals that would stifle economic growth

Washington, D.C.–At a U.S. Senate Finance Committee hearing on President Biden’s Fiscal Year 2025 budget, Ranking Member Mike Crapo (R-Idaho) highlighted the nearly $5 trillion in new and increased taxes included in the President’s budget proposal—tax proposals that would slow the economy and be felt by virtually all Americans.  Ranking Member Crapo highlighted the contrast between the President’s tax proposals versus Republicans’ Tax Cuts and Jobs Act (TCJA), which led to one of the strongest economies in generations.  Senator Crapo secured commitments from U.S. Department of the Treasury Secretary Janet Yellen to support extending Republicans’ pro-growth tax proposals.

Click HERE to watch Senator Crapo’s opening statement.

Click HERE to watch Senator Crapo Question Secretary Yellen.

On whether the President would support extending the individual tax provisions in the Tax Cuts and Jobs Acts:

Crapo: According to the White House, under President Biden’s 2025 budget “no one earning less than $400,000 per year will pay a penny in new taxes.” . . . I agree it is a bad idea to raise taxes on Americans suffering from record inflation at this point.  Interestingly, the President’s budget is essentially silent on extending the individual tax provisions of the Tax Cuts and Jobs Act, many of which expire next year.  A simple yes or no question: Are you aware that the Tax Cuts and Jobs Act, which Republicans passed in 2017, reduced taxes for Americans of all income groups, including those earning less than $400,000 per year?

Read More