Wealth & Risk Management Blog

William Byrnes (Texas A&M) tax & compliance articles

TaxFacts Intelligence Weekly (Nov 2)

Posted by William Byrnes on November 2, 2018


TAX REFORM DEVELOPMENTS by William Byrnes & Robert Bloink

IRS Guidance Provides Market Discount Not Included Under Section 451
The IRS has released guidance on the treatment of market discount under the new accounting rules created by the 2017 tax reform legislation. For accrual basis taxpayers, income must be included in gross income when all events have occurred to fix the right to the income and the amount can be determined with reasonable accuracy. Post-reform, this “all events test” is satisfied when the taxpayer takes the item into account as revenue on an applicable financial statement. For more information on the rules governing accrual-based accounting post-reform, visit Tax Facts Online and Read More.

OTHER TAX REFORM DEVELOPMENTS

IRS Releases New Model Notice Implementing Tax Reform Rollover Changes for Safe Harbor Retirement Plans
The IRS has released a new safe harbor model tax notice under IRC Section 402(f), which is important for plans that use these notices for eligible rollover distributions (however, alternative notice formats should also be updated). The model notice incorporates the new rollover deadline for qualified plan loan offsets–the deadline has been extended from 60 days to the taxpayer’s tax filing deadline. The new self-certification procedures for waiver of the 60-day rollover deadline are also reflected in the notice (these were introduced in 2016) For more information on the rules governing qualified plan rollovers, including tax reform’s changes, visit Tax Facts Online and Read More.

Tax Court Finds Capital Gain Income Counted in Determining Premium Tax Credit Eligibility Although the Affordable Care Act (ACA) rules may seem to have taken a back burner following the repeal of the individual mandate, most ACA provisions remain in force and clients continue to claim the premium tax credit. A recent Tax Court summary opinion highlights the importance of continuing to understand the ACA rules. In the case, a taxpayer’s gross income from most sources was very low, allowing the taxpayer and her son to qualify for premium tax credit assistance. However, to make ends meet, they sold several of their personal belongings in the same year, generating capital gain income. Because the capital gain income exceeded 400% of the poverty line, they were required to repay all advance premium tax credit payments. For more information on the premium tax credit, visit Tax Facts on Individuals and Small Business Online and Read More.
LITIGATION WATCH

Court Rules Stock in Former Parent No Longer Qualified as “Employer Securities” for ERISA Purposes
A district court in Texas recently ruled that stock in a former parent ceased to qualify as an “employer security” following a spinoff, so that the ERISA exemption from the duty to diversify investments and the duty of prudence no longer applied. The plan at issue was a defined contribution plan that also contained an employee stock ownership plan (ESOP), which was formed after a spinoff. The plan held both newly issued employer stock, as well as stock in the former parent company that was transferred from an old plan. The court rejected the defendants’ argument that the ERISA exemption applied, finding that stock does not retain its character as employer securities indefinitely. For more information on the tax treatment of employer securities in retirement plans, visit Tax Facts Online and Read More.

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