Talking Tax

Lawmakers have just a few weeks to pass a year-end tax package, amid a calendar shortened by observances honoring the late former president, George H.W. Bush. Bloomberg Tax’s Kaustuv Basu and Allyson Versprille join host Amanda Iacone to discuss the prospects for a lame-duck tax package in the House and Senate. Host: Amanda Iacone. Producer: Nicholas Anzalotta-Kynoch

Kate Kraus joins Andrea L. Ben-Yosef to talk about the partnership audit regulations. Kate recently joined Allen Matkins as a tax partner in the firm’s Los Angeles office. There have been several rounds of proposed, temporary, and final regulations, with the most recent ones issued in August. Kate discusses some key issues to take into account under the new guidance, such as what happens if the partnership representative leaves, taking favorable adjustments into account, and other issues that tax practitioners are dealing with.

Senator Chuck Grassley (R-Iowa) will retake the helm at the Senate Finance Committee next Congress, succeeding current Chairman Orrin Hatch (R-Utah), who’s retiring. Under Grassley’s leadership—he led the committee twice before in the early and mid-2000s—the committee is expected to focus on trade, tax policy, healthcare, and oversight issues. Bloomberg Tax’s Allyson Versprille discusses what’s on tap for the tax-writing panel in 2019 and potential tax items that could be addressed in the lame-duck session before Grassley takes over. Host: Amanda Iacone Producer: Nicholas Anzalotta-Kynoch

In the first episode of The Over/Under, Bloomberg Tax’s Ryan Prete explains the history of outlawed sports betting in America and the U.S. Supreme Court’s recent reversal of the ban. Prete sits down with Richard Auxier of the Tax Policy Center to discuss early tax revenue figures from legalized sports betting, and whether sports betting could serve as an “end all” to state fiscal woes. Prete also talks with Sara Slane of the American Gaming Association about the possibility of a federal sports betting framework. Host: Ryan Prete. Producer: RJ Jewell and Nicholas Anzalotta-Kynoch.

Artificial Intelligence and Big Data are terms that are in the news. Tax practitioners should be aware that the IRS is using these methods to mine for information, and that could impact whether and how their clients are audited. Carina Federico of Crowell Moring, Michelle Schwerin of Capes Sokol, and Travis Thompson of Sideman & Bancroft join Bloomberg Tax’s Andrea L. Ben-Yosef to talk about where IRS is getting its data, how the use of AI will impact enforcement, and what practitioners should be doing now. Host: Andrea Ben-Yosef

Congress will look very different when it gavels in next year with a new House Democratic Majority and an expanded Republican Senate. On this special post-election episode of “Suspending the Rules”—brought to you by Talking Tax— reporters and legislative analysts break down the implications of a divided Congress for a variety of key issues. In this episode: • Bloomberg Government senior congressional reporter Nancy Ognanovich dives into the election returns and dynamics in the new Congress. • Bloomberg Government health policy reporter Shira Stein discusses what’s in store for the Affordable Care Act, “Medicare-for-All,” and drug pricing. • Bloomberg Government homeland security reporter Michaela Ross reviews potential moves on immigration. • Bloomberg Environment editor Rob Tricchinelli talks about what the election could mean for climate policy and environmental regulations. • Bloomberg Tax reporter Stu Basu discusses Democrats’ tax priorities and plans to seek President Donald Trump’s tax returns.

Opportunity zones and opportunity funds were created by the 2017 tax act to encourage business investment in low-income communities. They have attracted a lot of interest because of the tax incentives, including exclusion and deferral of capital gains. IRS released proposed regulations on October 19 that gave practitioners some answers. Bradley T. Borden, a professor of law at Brooklyn Law School, and Alan S. Lederman, a shareholder at the Florida law firm of Gunster, join Bloomberg Tax’s Andrea L. Ben-Yosef in describing these opportunity zones and funds, how practitioners can take comfort in going forward with many of these transactions, what the IRS still needs to address. They also examine how these proposed regulations may influence a taxpayer’s decision to use qualified opportunity funds as a way to replace real estate that is sold on a tax-deferred basis, instead of using a Section 1031 like-kind exchange. For more information, see the article in the Bloomberg Tax Real Estate Journal, Rolling Real

Intel subsidiary Altera Corp.'s cost-sharing structure—and that of other Silicon Valley companies—lies in the hands of one appellate court judge: Susan Graber. The judge's questioning during recent oral argument in the company’s dispute with the IRS could signal a victory for the government, but all agree Altera probably wouldn’t take that lying down. Will the company find itself at war again over whether it’s going to be forced to include stock compensation in its U.S. taxable income? And what about the controversy sparked over handling opinions by judges who die or otherwise become unavailable before the court is done with a case? In this week’s special edition of Talking Tax, Bloomberg Tax reporter Sony Kassam and legal editor Carolina Vargas get reactions to this second go-round in the Ninth Circuit and take a look at what's ahead. This episode features Patrick Smith, a partner at Ivins, Phillips & Barker; Barbara Mantegani, a tax adviser and founder of Mantegani Tax; Calvin Johnson, a professor at the

Several lawmakers on tax-writing committees in both chambers of Congress are facing tough races in the November midterm elections. The outcome of those races will dictate the tax agenda through the end of the year and into 2019. Bloomberg Tax’s Allyson Versprille and Kaustuv Basu discuss the path forward for both the House and Senate, legislation that is dependent on the political party in control, and the tax policies that may move forward regardless of the election outcomes. Host: Amanda Iacone. Producer: Nicholas Anzalotta-Kynoch.

Intel subsidiary Altera Corp. and the Internal Revenue Service will meet again this month in the 9th Circuit in a case watched by Facebook, Google, and others. A loss for the computer chip-maker could be detrimental to Silicon Valley. A central question in the case turns on the complicated question of allocating costs. But is the case anything more than procedural foofaraw? And was it appropriate for the court to withdraw a previous opinion and replace a deceased judge five months after his death? In this week’s special edition of Talking Tax, Bloomberg Tax reporter Sony Kassam and legal editor Carolina Vargas get the answers to these questions and more. This episode features Susan Yorke, an attorney in the Ninth Circuit; Barbara Mantegani, a tax advisor and founder of Mantegani Tax; and Calvin Johnson, a professor at the University of Texas in Austin. This episode is part two of a three-part series examining the case. Hosts: Sony Kassam and Carolina Vargas. Producer: Nicholas Anzalotta-Kynoch.

The House will turn its attention to the tax cut 2.0 package this week, with a floor vote possible during the latter half of the week. The House is also eyeing a vote on a budget bill that will fund the Internal Revenue Service through Dec. 7. And a Ways and Means subcommittee hearing on Sept. 26 will focus on how the IRS uses online tools to protect taxpayers. Bloomberg Tax’s Kaustuv Basu talked to Amanda Iacone about upcoming tax action on Capitol Hill. Host: Amanda Iacone. Producer: Nicholas Anzalotta-Kynoch

House Speaker Paul Ryan (R-Wis.) wants the House to vote by the end of the month on a second round of tax cuts known as Tax 2.0. The package would make some of the temporary provisions in the 2017 tax law permanent and create new retirement and innovation tax incentives. But GOP leaders could face resistance from some members in their party opposed to making the cap on state and local tax deductions permanent. During this episode of Hill Roundtable, Bloomberg Tax’s Allyson Versprille and Kaustuv Basu talk to Amanda Iacone about Tax 2.0 and more. Host: Amanda Iacone. Producer: Nicholas Anzalotta-Kynoch

Intel subsidiary Altera Corp., in a case being closely watched by tech companies, suffered a setback when an appeals court reversed a tax court ruling in its favor. Yet before the three-judge panel could issue its written opinion, one of the judges died. The appeals court withdrew its opinion, and now another judge will step in to break the tie. In this week’s special edition of Talking Tax, Bloomberg Tax reporter Sony Kassam and legal editor Carolina Vargas follow the winding trail of Altera Corp. v. Commissioner in advance of the Oct. 16 reargument. This episode is part one of a three-part series examining the case. Hosts: Sony Kassam and Carolina Vargas. Producer: Nicholas Anzalotta-Kynoch.

Jim Kehl of Weil, Akman, Baylin & Coleman, in Timonium MD, joins Talking Tax host Andrea L. Ben-Yosef to talk about the complicated subject of §199A, a tax code provision added by the 2017 tax act, and the proposed regulations, released on August 8, implementing §199A’s 20% deduction for businesses taxpayers own directly and indirectly through interests in pass-through entities.” The proposed regulations provide more insight into the definition of a trade or business, which is crucial in determining whether the business owner can take the deduction. For more information, please see the article by Jim Kehl, §199A Gets an Update Three Months After Its Enactment (Bloomberg TM Memorandum (April 16, 2018). See also the special report Section 199A: Understanding the 20% Pass-Through Deduction, at https://www.bna.com/section-199a-understanding-m57982090077/.

In Part 2, George D. Karibjanian and Richard S. Franklin of Franklin Karibjanian & Law PLLC join Talking Tax host Andrea L. Ben-Yosef to talk about how the 2017 tax act’s repeal of §682 impacts existing trusts, including alimony trusts and lifetime QTIPs. Without §682, starting in 2019 the taxability of these trusts may remain with the spouse putting money into the trust even post-divorce. Existing trusts should be reviewed, because they will not likely be grandfathered, and practitioners should take the ramifications of the 2017 tax act into account when planning alimony trusts and lifetime QTIPs under the new regime beginning in 2019. For more information, please see the article by George D. Karibjanian, Richard S. Franklin, and Lester B. Law, Alimony, Prenuptial Agreements, and Trusts Under the 2017 Tax Act (Bloomberg Tax Estates, Gifts and Trusts Journal (May 10, 2018)). The article can be found at https://www.bna.com/alimony-prenuptial-agreements-m73014477712/.

Taking the CPA exam, studying technology, and setting career goals that fit your personality should be top priorities for young female accountants, two winners of the Most Powerful Women in Accounting award told Bloomberg Tax. Abby Dupree, managing partner at Carroll and Company, CPAs in Tallahassee, Fla., and Kimberly Ellison-Taylor, global strategy leader for the financial services industry at Oracle America, Inc., joined Bloomberg Tax’s Courtney Rozen July 25 to talk about how the accounting profession can better appeal to women. In June, Dupree and Ellison-Taylor were named two of the most powerful women in accounting by the American Institute of Certified Public Accountants and CPA Practice Advisor.

The House of Representatives was busy last week passing a set of tax bills related to health savings accounts and a measure to repeal the medical device tax permanently. The House is on summer recess now, but the Senate is set to vote on a package of bills that include a funding boost for the IRS. Capitol Hill reporter Allyson Versprille spoke with Talking Tax host Amanda Iacone on July 30 about that legislative activity plus the addition of another IRS overhaul bill to the agenda—and the donor-disclosure debate that could be stalling Senate confirmation of Charles Rettig as IRS commissioner.

George D. Karibjanian and Richard S. Franklin of Franklin Karibjanian & Law PLLC join Talking Tax host Andrea L. Ben-Yosef to talk about how the 2017 tax act affects alimony by taking away the deduction for the spouse making the alimony payments. This is a revenue raiser and “the most sinister provision” in the 2017 tax act, they said. This new regime, beginning in 2019, will impact the negotiations for future prenuptial agreements, separation agreements, and divorce decrees. While there is a grandfather clause for existing divorce decrees and separation agreements, that is not the case for prenups, so those might not take into account this change in the law and possibly have to be modified. For more information, please see the article by George D. Karibjanian, Richard S. Franklin, and Lester B. Law, Alimony, Prenuptial Agreements, and Trusts Under the 2017 Tax Act (Bloomberg Tax Estates, Gifts and Trusts Journal (May 10, 2018)). The article can be found at https://www.bna.com/alimony-prenuptial-agreemen

Republicans are preparing a timeline for passing a series of tax law changes, including making the tax cuts for individuals permanent and eliminating taxes that form a key part of the Affordable Care Act. Meanwhile, a bill that would increase the fiscal year 2019 budget for the Internal Revenue Service continues to advance in the House. Capitol Hill reporter Kaustuv Basu spoke with Talking Tax host Amanda Iacone on July 16 about House Ways and Means Committee Chairman Kevin Brady’s (R-Texas) plans to bring an outline of the “tax 2.0” bill to the Republican conference by the end of the month and the timing for the health care bills.

Alden Bianchi of Mintz Levin and Christopher Condeluci of CC Law & Policy join Talking Tax host Andrea L. Ben-Yosef to discuss the new rules for association health plans, which change the standards for determining which small employers are permitted to join with other small employers to form, maintain, and participate in single, large group health plans. These health care law experts discuss how association health plans work, who should consider using them, and how they will impact the health care marketplace.