BCoTaxCommittee

The IRS on August 23, 2022, announced it will grant automatic penalty relief for late-file penalties imposed with respect to certain returns required to be filed for the 2019 and 2020 tax years.

Notice 2022-36 provides systemic penalty relief to taxpayers for certain civil penalties related to 2019 and 2020 returns. Penalty relief is automatic so eligible taxpayers need not apply for it. If penalties have already been paid, the taxpayer will receive a credit or refund. However, the IRS has not yet announced if or when it will notify eligible taxpayers that it has waived their preexisting penalties pursuant to this announcement.

However, it is critical to note that some of these automatic penalty waivers are available only if a taxpayer files its delinquent returns on or before September 30, […]

President Biden signed the Inflation Reduction Act into law at a White House ceremony on August 16, finalizing legislation intended to address inflation by paying down the national debt, lower consumer energy costs, provide incentives for the production of clean energy and reduce healthcare costs.

The bill moved through the legislative process in near-record time, having been first introduced by Sens. Chuck Schumer (D-NY) and Joe Manchin (D-WV) on July 27.  With the 50-50 Senate, summer recess, and approaching mid-term elections, the path to passage by both houses of Congress was not a certainty.

The act is expected to raise roughly $450 billion through new tax provisions, including a 15% minimum book tax on certain large corporations, a 1% excise tax on corporate stock buybacks, and a two-year extension of section 461(l) […]

On July 16, 2021, California enacted A.B. 150, which included the “Small Business Relief Act” providing a pass-through entity (PTE) tax election for the years 2021-2025.

What is A.B. 150?

Assembly Bill 150 is a new California law that allows partnerships, S-corporations, and LLC’s to make an election to pay state income tax at the company level and deduct the expense against federal taxable income while generating a California credit the owners can use on their individual tax return.

Why make the election?

Individual owners of PTE’s can potentially realize significant federal tax savings by getting around the $10,000 state and local tax (SALT) deduction limit enacted in 2018.

Who does it apply to?

Election eligibility is limited to a “qualified entity.” A qualified entity must satisfy two requirements: (1) it must be an entity […]