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Let’s Talk About Tax

Let’s Talk About Tax

Let’s Talk About Tax brings together the thoughts, experiences and lessons from Fredrikson & Byron’s tax planning and litigation attorneys. We will provide comments, questions, intriguing observations and analyses on diverse tax matters of interest. Our topics range from federal and multistate income tax, sales and use taxes, and various excise taxes to foreign income taxes, tax treaty matters, and business license issues. We will also cover procedural and litigation matters at both the federal and state level. No tax subject is out of bounds. We look forward to engaging with our readers to get your input, reactions, experiences and ideas.


Tax Issues in the Use or Disposition of International Intangibles: The Good, the Bad, and the Ugly (Part II)

September 16, 2021

This week, we turn to international transactions that involve licenses or the provision or performance of e-commerce services.

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Tax Issues in the Use or Disposition of International Intangibles: The Good, the Bad, and the Ugly (Part I)

September 9, 2021

The transfer or use of intangibles generally is a complicated area of taxation, and one that continues to evolve.

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When It Comes to Software, You Better Watch Your SaaS

September 3, 2021

As I ask organizations, big and small, what sales and use tax issues cause them the biggest headaches, the answers are overwhelmingly the same – taxability and apportionment of both software and direct mail. I’m going to save direct mail for another day. But for those who are unconcerned about your organization’s treatment of software, I’m here today to read you the riot act.

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The Enhanced Child Tax Credit: Can taxpayers opt out, and why might taxpayers want to?

August 26, 2021

Yes, taxpayers can opt out! While the monthly payments of the enhanced child tax credits, passed last spring by Congress as part of the American Rescue Plan, are helpful to many American families, they could actually create issues for others, with some taxpayers actually owing money to the federal government next year if they were to receive such tax credits now.

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Worker Classification: A Rose by Any Other Name Would Smell as Sweet

August 19, 2021

Companies that hire independent contractors are not obligated to withhold income taxes or employment taxes (such as Social Security and Medicare) or pay the employer share of employment taxes and unemployment insurance. But, just because an employer labels its workers “independent contractors,” as opposed to “employees,” doesn’t make it so.

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MTC “Cookie Monster” Seeks to Take a Huge Bite Out of Pub. L. 86-272

August 12, 2021

Since 1959, taxpayers have been relying on a federal law—Public Law 86-272—to protect them from having to file state income tax returns in states where the taxpayers’ in-state activities are limited to just soliciting sales of tangible personal property. On August 4, 2021, the Multistate Tax Commission (MTC) member states voted 20-0 to revise the MTC’s “Statement of Information” regarding Public Law 86-272 in an attempt to eviscerate the federal law’s protections.

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IRS Blesses Small Business Stock Treatment for Insurance Brokerages

August 4, 2021

When is a brokerage not a brokerage? According to a recent Private Letter Ruling released by the IRS, the answer might surprise you.

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Taxation of Forgiven PPP Loans

July 29, 2021

Despite the relatively simple mechanics of the distribution and forgiveness of PPP loans, the taxation of both expenses paid for with PPP loan proceeds and forgiveness of the PPP loans has continued to evolve, leaving complicated rules for taxpayers to navigate.

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Responding to Assessor “Annual Review” Requests

July 20, 2021

Recently, many of our clients have received notices from the county assessor’s office that the county is conducting an “annual review” of their property for assessment purposes. How should you respond to these types of requests? It depends.

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Captives, NRRA and Nonadmitted Insurance Premium Taxes – A Primer (Part II)

July 15, 2021

Last week, we reviewed the basics about captive insurance companies, nonadmitted insurance and the essence of the federal legislation known as the NRRA. This week, we examine what the states did to implement NRRA and how that affected, or may affect, insurance premiums paid to out-of-state captives.

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