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Corporations: Watch out for the PHC tax
March / April 2022
Newsletter: Tax Impact
Price: $225.00, Subscriber Price: $157.50
Word count: 896
Abstract: Since the Tax Cuts and Jobs Act reduced the top federal corporate income tax rate to 21%, an increasing number of business owners are contemplating establishing their businesses as C corporations or switching their pass-through entities to C corporation status. However, entity choice is a complex decision that involves consideration of several financial, tax and legal factors. This article details one factor that a closely held C corporation shouldn’t overlook: potential liability for the personal holding company (PHC) tax. A sidebar explains the accumulated earnings tax (AET).
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Delaware high court endorses deal price for fair value in appraisal actions
September / October 2018
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 896
Abstract: In a landmark decision, the Delaware Supreme Court has made clear its preference for valuations based on the deal price in appraisal proceedings. This article summarizes the case, which concludes that “the collective judgment of many” is generally considered superior to other valuation models imposed by a single analyst. A sidebar highlights a subsequent statutory appraisal case that was remanded to the Chancery Court on similar grounds. DFC Global Corp. v. Muirfield Value Partners, L.P., No. 518, 2016, 172 A.3d 346, Supreme Court of Delaware, August 1, 2017 Dell, Inc. v. Magnetar Global Event Driven Master Fund Ltd., No. 565, 2016, 177 A.3d 1, Supreme Court of Delaware, December 14, 2017
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When interest rates are low, it’s high time for estate planning
February / March 2016
Newsletter: Insight on Estate Planning
Price: $225.00, Subscriber Price: $157.50
Word count: 896
Abstract: Interest rates remain at record lows, and while many experts believe they’ll begin to rise soon, it’s likely they’ll rise slowly. So it’s an ideal time to implement estate planning strategies that are most effective in a low-interest-rate environment. This article examines several estate planning strategies to consider implementing in the near term. It also includes a brief discussion on charitable strategies that are most effective in a low-interest-rate environment.
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The basics of basis – Basis planning can result in significant tax savings
June / July 2015
Newsletter: Insight on Estate Planning
Price: $225.00, Subscriber Price: $157.50
Word count: 896
Abstract: Because the gift and estate tax exemption is at a record high of $5.43 million for 2015, many people have shifted their focus from estate planning to income tax planning. An understanding of basis — and the benefits of the “stepped-up basis” rule — can help people identify valuable tax planning opportunities. This article discusses how basis can affect gift planning. A sidebar explains how a “reverse gift” can minimize capital gains.
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Understanding rehabilitation tax credits – What you need to know about partnership allocations
July / August 2014
Newsletter: Real Estate Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 896
Abstract: In late 2013, the IRS released Revenue Procedure 2014-12, which established a safe harbor clarifying how the agency will treat allocations of rehabilitation tax credits among partners. The procedure lays out circumstances under which the IRS won’t challenge a partnership’s allocation of credits to an investor/partner. This article discusses eligibility requirements for the safe harbor. However, a sidebar explains that it isn’t available if anyone in the rehabilitation project has entered into certain guarantee or insurance arrangements to protect the investor’s minimum contribution against losses.
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Working the table — Negotiation tips for business sellers
October / November 2012
Newsletter: Merger & Acquisition Focus
Price: $225.00, Subscriber Price: $157.50
Word count: 896
Abstract: Deal negotiations may be the single most important — and the most challenging — stage of a transaction. And they can be particularly difficult for first-time sellers. This article talks about how sellers can prepare for possible disagreements, including deciding how they’ll try to resolve conflicts before sitting down at the negotiation table. It discusses how to research a potential buyer and strategies to pursue when negotiations begin. A sidebar notes several concessions that sellers might gain if they’re flexible on price.
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Making out-of-step borrowers look normal
February / March 2012
Newsletter: Commercial Lending Report
Price: $225.00, Subscriber Price: $157.50
Word count: 896
Abstract: No two businesses look exactly alike, but lenders often compare borrowers in the same industry to one another or themselves over time to get a better understanding of a borrower’s past and future earning power. Such comparisons require “normalizing” reconciliations to the income statement and balance sheet. This article offers a summary of the most common categories of financial statement reconciliations that lenders encounter, including different accounting practices, one-time charges and collateral. A sidebar explains how to scrutinize a borrower’s discretionary expenses.
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Are valuations recyclable?
March / April 2009
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 896
Abstract: The paper a valuation report is printed on may be recyclable, but in most cases the content is not. This article points out that recycling valuations poses two major problems: First, the value of a business or other asset can change dramatically over time — in some cases, overnight. Second, a valuator’s methods depend to a large extent on the valuation’s purpose. The article discusses the problems that can ensue when business owners are tempted to stretch their valuation dollars by using a single valuation for several different purposes.