Posts from February 2019.

Under the 2017 Tax Cuts and Jobs Act, Congress enacted a new Section 199A 20% profit deduction for owners of pass-through businesses, and which include Subchapter S corporations, LLCs, sole proprietorships, and even certain trusts. Section 199A is intended to provide a deduction to owners of these pass-through business entities who do not otherwise benefit from the new 21% flat tax Congress has given to corporations under the new tax law. While Section 199A is intended to benefit these generally smaller types of business entities and their owners, the new tax law is riddled with ...

Under the 2017 Tax Cuts and Jobs Act, Congress enacted a new Section 199A 20% profit deduction for owners of pass-through businesses, and which include Subchapter S corporations, LLCs, sole proprietorships, and even certain trusts. Section 199A is intended to provide a deduction to owners of these pass-through business entities who do not otherwise benefit from the new 21% flat tax Congress has given to corporations under the new tax law. While Section 199A is intended to benefit these generally smaller types of business entities and their owners, the new tax law is riddled with ...

A bedrock of IRS administrative practice has been the voluntary disclosure.   Where an individual or business has not filed tax returns or believes they may have criminal tax exposure for prior actions, IRS procedures have long-sanctioned a form of  “criminal tax amnesty” if the taxpayer voluntarily comes forward before being contacted by the IRS, discloses his tax misdeeds, fully cooperates to correct the back tax issues, and then becomes compliant going forward.  In exchange for this “voluntary disclosure”, while criminal tax prosecution may not be recommended, the ...

The Bipartisan Budget Act of 2015 enacted sweeping changes to the federal audit regime for entities taxed as partnerships.  The new audit rules became effective for tax years beginning on or after January 1, 2018.

For tax years beginning before January 1, 2018, partnerships are audited using one of three different procedures (unless the partnership makes an affirmative election to be governed by the new partnership audit rules effective for tax years beginning before January 1, 2018).  These procedures are:

a. Partnerships with 10 or fewer partners: The Internal Revenue Service ...

Posted in: Federal Tax

South Carolina imposes a number of civil tax penalties that are similar to those imposed under the Internal Revenue Code (the “Code”).  South Carolina’s civil tax penalties, while similar in some respects, are not the same as the Code’s civil penalties.    The following is a summary of South Carolina’s civil tax penalties:

1. Failure to file (late filing) – 5% of the amount due is levied per month or fraction thereof, up to 25%.

2. Failure to pay (late payment) – 0.5% of the amount due is levied per month or fraction thereof, up to 25%

3. Negligence or disregard – 5% of the ...

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