AT Think

In the blogs: A breather 

CTA unconstitutional; AI and your practice; 30 years and counting; and other highlights from our favorite tax bloggers.

A breather

  • Withum (https://www.withum.com/resources/): And the hits just keep on comin': A district court has ruled the Corporate Transparency Act unconstitutional and beneficial ownership information reporting's gone on hold.
  • Taxable Talk (http://www.taxabletalk.com/): Said the judge, "The Corporate Transparency Act is unconstitutional because it cannot be justified as an exercise of Congress' enumerated powers. This conclusion makes it unnecessary to decide whether the CTA violates the First, Fourth and Fifth Amendments." 
  • Virginia – U.S. Tax Talk (https://us-tax.org/about-this-us-tax-blog/): "With this surprising court decision…millions of overwhelmed small-business owners can now take a breather from scouring FinCEN's website and go back to running their businesses."

Practice perfect

BOXXing day

  • National Taxpayer Advocate (https://www.taxpayeradvocate.irs.gov/taxnews-information/blogs-nta/): Citizens looking to speak up about issues that impact taxpayers living in the U.S. and abroad are encouraged to apply by March 15 to become a member of the Taxpayer Advocacy Panel.
  • Tax Vox (https://www.taxpolicycenter.org/taxvox): A recent report on an ETF with the ticker symbol BOXX said the funds "exploits various tax rules" to transform what's effectively interest income subject to a 37% rate into long-term capital gains taxed at no more than 20% to BOXX shareholders. The strategy's developer reportedly calls it "a democratization of tax dodges." Will the scheme hold up if challenged by regulators?
  • Marcum (https://www.marcumllp.com/insights): How a recent California ruling favors Microsoft and opens the door for taxpayer refunds on foreign dividends.
  • AICPA & CIMA Insights (https://www.aicpa-cima.com/blog): Talk abounds now about the 150-hour CPA requirement for licensure and potential changes in some states. Most of that has centered around public accounting, but how will changing requirements affect businesses?
  • TaxProf Blog (http://taxprof.typepad.com/taxprof_blog/): Regarding 2004's Stephanie Murrin v. Commissioner, the blogger stresses that "the government made no attempt to prove the taxpayer had any fraudulent intent to evade her tax obligations. Yet here we are, over 30 years later, with the government seeking to collect tax and penalties when the normal statute of limitations is three years."
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