Tax & Accounting Blog

Deadline Approaching for Executors to Make Portability Election for Post-2010 Estates

Deadline Approaching for Executors to Make Portability Election for Post-2010 Estates

In a notice and accompanying news release, IRS reminded executors of the estates of married decedents dying after 2010 that they must file an estate tax return in order to pass along the unused estate and gift tax exclusion amount, available for the first time this year, to their surviving spouse. The first estate tax … Read More

Withholding on U.S. Business Income of Foreign Vendors – Part 3: Effectively Connected Income Not Exempt from Withholding

Withholding on U.S. Business Income of Foreign Vendors – Part 3: Effectively Connected Income Not Exempt from Withholding

Non-U.S. individuals may use Form W-8ECI for their Effectively Connected Income (ECI), such as rents from U.S. real property for which the beneficial owner elected ECI treatment on Form 1040NR. Non-U.S. individuals are restricted by the regulations from using Form W-8ECI for their compensation for personal services performed in the U.S. (This restriction is indicated in the … Read More

Congress Allows Numerous Temporary Provisions to Expire at the End of 2011

Congress Allows Numerous Temporary Provisions to Expire at the End of 2011

Congress allowed numerous temporary provisions to expire at the end of 2011. But, note that Congress may retroactively reinstate some or all of these rules. Below are some of the provisions that expired. Reduced alternative minimum tax (AMT) exemption amounts.  Absent another AMT patch, the AMT exemption amounts for tax years beginning after 2011 revert to the … Read More

Withholding on U.S. Business Income of Foreign Vendors – Part 2: Claiming Exemption from Withholding on Effectively Connected Income

Withholding on U.S. Business Income of Foreign Vendors – Part 2: Claiming Exemption from Withholding on Effectively Connected Income

A foreign enterprise that is engaged in a U.S. trade or business during the tax year may request an exemption from NRA withholding on its Effectively Connected Income (ECI) that is identified on line 9 of a valid Form W-8ECI presented to the payer prior to payment (unless an exemption is not available). To be valid, … Read More

IRS Issues Temporary Regulations on Foreign Asset Reporting

IRS Issues Temporary Regulations on Foreign Asset Reporting

The IRS  issued temporary and proposed regulations fleshing out the Code Section 6038D requirement for individuals to attach a statement to their income tax return to provide information on foreign financial assets in which they have an interest. The temporary regulations are effective for tax years ending after December 19, 2011 but taxpayers can apply … Read More

IRS Releases Form 8937 to Report Organizational Actions Affecting Security Holders’ Basis

IRS Releases Form 8937 to Report Organizational Actions Affecting Security Holders’ Basis

The IRS has released on its website Form 8937, Report of Organizational Actions Affecting Basis of Securities, and its Instructions. The Instructions include details on who must file the form and how certain entities can otherwise satisfy their organizational action reporting obligations. New form and instructions. The Form 8937 contains two parts. Part I consists … Read More