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Tax News & Views Flying Regs, Flying Kites Roundup

By Joe Kristan
January 14, 2025
Kite aloft

Key Takeaways

  • Tax regulation deluge at end of Biden term.
  • Partnership rules pull in old transactions.
  • Proposed corporate spin-off rules would require ongoing reporting.
  • 401(k) auto-enrollment rules proposed.
  • Tax law extension scoring pitfalls.
  • Populists, business interests create Trump tax tension.
  • Can a tax deal be bipartisan?
  • International Kite Day.

Torrent of Tax Regs Considered Typical of Transition Period - Benjamin Valdez, Tax Notes ($):

The Biden administration’s decision to issue a flurry of proposed and final tax regulations keeps with the tradition of quickly wrapping up policy work on the eve of a presidential transition, according to observers.

On January 10, nearly a week ahead of President-elect Trump’s inauguration, Treasury and the IRS released more than 10 pieces of guidance, including final regs requiring taxpayers to disclose some partnership related-party basis adjustment transactions and final regs defining reportable microcaptive transactions.

...

One open question is whether Trump plans to repeat what he did at the beginning of his first term — and what presidents Biden and Obama also did — in issuing a freeze on any outstanding tax regulations.

Treasury and IRS issue final rules identifying certain partnership related-party "basis shifting" transactions as transactions of interest - IRS:

The Department of the Treasury and the Internal Revenue Service today issued final regulations identifying certain partnership related-party “basis shifting” transactions as transactions of interest – TOIs – subject to the rules for reportable transactions.

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Limited retroactive reporting for open tax years

To address comments on creating an unnecessary burden for taxpayers subject to the disclosure rules of the final regulations, Treasury and IRS limited reporting for open tax years to those that fall within a six-year lookback window. The six-year lookback window is the seventy-two-month period before the first month of a taxpayer’s most recent tax year that began before the publication of the final regulations. In addition, the threshold amount for a basis increase in a TOI during the six-year lookback period is $25 million.

Todd Laney, an Eide Bailly partnership expert, comments: 

The final regs did update with mostly taxpayer friendly changes, including an increased reporting threshold and more exclusions. The 6 year lookback period is a bit of a trade off.  One comment I read today said that these new reporting rules may assist the IRS in targeting complex partnerships for audit.  Since it’s really “self reporting” rules, but nothing that would disallow the basis adjustments themselves.  One commenter said that this could be considered “part 1”, and that we should expect more rules in the future addressing abusive basis shifting transactions.

 

Proposed Corporate Reorganization and Spin-Off Rules

Treasury, IRS request comments on proposed regulations and a draft form for certain corporate separations and reorganizations - IRS:

The Department of the Treasury and the Internal Revenue Service today issued proposed regulations for corporate separations and reorganizations, including reporting requirements for multi-year corporate separations.

In connection with this proposed guidance, the IRS has posted to IRS.gov a draft version of new Form 7216, Multi-Year Transaction Reporting. These proposed regulations provide comprehensive, authoritative guidance with respect to core provisions of the Internal Revenue Code addressing corporate mergers and acquisitions transactions, and the new form will provide the IRS with necessary information with respect to corporate separations.

Eide Bailly Merger and Acquisition specialist John Kerrigan comments: 

The proposed regulation package addresses a number of issues surrounding these types of transactions, including: (i) distributions of controlled corporate stock; (ii) assumptions of liabilities between controlled corporation; and (iii) distributions to shareholders and creditors. If finalized in the current form, the proposed regulations would also supersede a number of Revenue Rulings taxpayers and practitioners have historically relied upon when planning into a tax-free corporate separation or reorganization.

Released alongside this proposed regulation package is a draft version of new IRS Form 7216, Multi-Year Transaction Reporting, which is significantly more comprehensive than the historic reporting requirements for a tax-free corporate separation under the current Regulations. The new Form 7216 is intended to give the IRS increased visibility into these transactions, and as a way to monitor taxpayer compliance with the statutory requirements of a tax-free corporate separation once the transaction has been completed.  

 

IRS Puts Out Spinoff Rules, Multiyear Reporting Regime - Kat Lucero, Law360 Tax Authority ($):

In general, spinoffs occur when a parent company separates a subsidiary into a standalone corporation, then gives existing shareholders a stake in that new entity. These reorganizations must meet several requirements to come without a tax bill under Internal Revenue Code Section 355, which includes guardrails against transactions that are principally used to distribute earnings and profits to shareholders tax-free in what's known as a disguised dividend.

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The IRS accompanied the new proposal on Monday with reporting guidance, which laid out the multiyear disclosure requirements for spinoff transactions. The increased reporting requirements would enable the U.S. Treasury Department and the IRS to "provide increased transactional flexibility through the proposed regulations," the agency statement said.

 

New Regulations address automatic plan enrollment

Treasury, IRS issue proposed regulations on new automatic enrollment requirement for 401(k) and 403(b) plans - IRS:

The Department of the Treasury and the Internal Revenue Service today issued proposed regulations addressing certain SECURE 2.0 Act provisions, including a provision generally requiring newly-established 401(k) and 403(b) plans to automatically enroll eligible employees beginning with the 2025 plan year.

In general, unless an employee opts out, a plan must automatically enroll the employee at an initial contribution rate of at least 3% of the employee’s pay and automatically increase the initial contribution rate by one percentage point each year until it reaches at least 10% of pay. This requirement generally applies to 401(k) and 403(b) plans established after Dec. 29, 2022, the date the SECURE 2.0 Act became law, with exceptions for new and small businesses, church plans, and governmental plans.

 

The Coming Tax Fights

Republican Scoring Plan Poses Pitfalls for Future Tax Bills - Zach Cohen and Chris Cioffi, Bloomberg ($):

Sen. Mike Crapo (R-Idaho), the Finance Committee chair pushing for current policy baseline scoring, envisions a more formal application of that assumption. While CBO and the Joint Committee on Taxation are required to build their estimates off of current law, the budget resolution adopted at the onset of the reconciliation process can include language requiring a different calculation.

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But an official score on an assumption of current policy could run into complications in the Senate. One of the chamber’s precedents, known as the Byrd Rule, requires that anything passed with reconciliation changes the government’s outlays or revenues.

That means each of the roughly 40 provisions in the 2017 law may need to be tweaked.

 

‘The million-dollar question:’ Trump’s populist economic promises meet Republican skepticism - Kadia Goba and Shelby Talcott, Semafor:

Trump’s arrival in office comes at a tipping point for a Republican Party he’s reshaped in his image. He’s outlined a number of populist economic goals, vowing to get rid of taxes on tips and overtime pay while weighing a “significant expansion” of the child tax credit and new tariffs that he sees as a boon to US manufacturing. His populist allies have gone further: Steve Bannon told Semafor last month that it was time to raise taxes on the wealthy and corporations.

But Trump is now avidly pursuing new corporate partners and investments that line up with a fiercely pro-business — and conventional — Republican agenda, hosting tech industry chiefs at Mar-a-Lago as he forges a close alliance with Elon Musk and rolls out a $100 billion SoftBank investment. The contrast between Trump’s pro-working class talk and his pro-business actions has some of his own supporters asking whether any of his more populist ideas will end up becoming real administration policies.

 

Senate Democratic moderates say they want to work with GOP on tax cuts - Brian Faler, Politico:

In a new letter to Republican leaders, they say they are willing to cut spending, protect family-oriented tax policies, have “competitive” rates on businesses — and that they can provide enough votes to allow Republicans to overcome a filibuster in the Senate without having to resort to so-called reconciliation.

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No Democrats voted for Republicans’ original 2017 tax cuts, much of which are now due to expire at the end of this year. Rolling them over is projected to cost some $400 billion per year, and the price tag has become a major issue given the government is already running $2 trillion deficits.

The prospect of a bipartisan tax plan would raise a whole different set of challenges though, with the two sides likely to clash over issues like how much to charge businesses and high earners. The moderates signing the letter would also likely take heat from fellow Democrats who are opposed to the tax cuts and would be happy to see them expire.

 

Mining for a SALT deal - Bernie Becker, Politico:

A solution could look fairly simple: Ending the SALT cap’s so-called marriage penalty could cost around $175 billion over a decade, or even as little as $110 billion if particularly wealthy taxpayers aren’t allowed to claim it.

A range of experts have also pointed out that other SALT changes could be used to offset the cost of raising the current cap, like limiting how much corporations can write off their state and local taxes, which could help ease the concerns of deficit hawks in the GOP.

But it’s also not hard to see how negotiations over SALT get more complicated, particularly if the blue-state Republicans push for a larger amount of relief and as Republicans engage in the heavy amount of horse-trading that might be required to pass all of their fiscal priorities this year.

An obvious revenue offset would be eliminating entity-level tax SALT deduction cap workarounds.

Link: IRS Blesses Entity-level Tax Deduction used as SALT Cap Workaround

 

Reconciliation debate to test ‘tax cuts for the rich’ narrative - Caitlin Reilly, Roll Call. "Extending all of the expiring tax cuts would lead to tax savings at every income level, a dynamic Republicans have pointed to as they prepare legislation to avert the cliff, but the biggest benefit would go to those making the most, who have the highest tax bills."

 

Blogs and Bits

California wildfire victims qualify for tax relief, including delayed Oct. 15, 2025, filing and payment deadline - Kay Bell, Don't Mess With Taxes. "The most immediate item is more time to deal with annual tax filing. The L.A. area residents in the FEMA designated area (map below) now have until Oct. 15 to file various federal individual and business tax returns and make tax payments."

FEMA LA disaster map 20250108

 

IRS Defers 2024 Deadlines for Taxpayers Affected by Los Angeles Wildfires - Adam Sweet, Eide Bailly. "Businesses and individuals that reside or have a business in Los Angeles County qualify for this tax relief.  This same relief will be available to any other counties added later to the disaster area."

Micro-Captive Transaction Regulations Classifying Them as Listed Transactions or Transactions of Interest Released by the IRS - Ed Zollars, Current Federal Tax Developments. "These regulations, which are effective January 14, 2025, require material advisors and certain participants to file disclosures with the IRS, with penalties for non-compliance."

IRS Aims To Change Rules Governing Tax Professionals - Kelly Phillips Erb, Forbes ($). "The IRS encouraged taxpayers to be wary of promoters who charged a contingent fee because of concerns that the economic driver could push promoters to suggest ineligible people file a claim for the credit and that they might not inform taxpayers that they must reduce the wage deductions they claimed on their federal income tax return by the amount of the credit. Especially in cases where the contingent fee is collected upfront, the IRS has warned that in the case of an ERC denial (or audit), the taxpayer may be stuck with a reduced credit or penalty—and out the contingent fee."

 

National Tax Literacy Poll: Assessing Taxpayer Knowledge and Perceptions of the US Tax System - Zoe Callaway, William McBride, Yihan Chen, and Nicolo Pastrone, Tax Foundation. "These findings suggest that while higher education improves the likelihood of achieving a moderate level of tax literacy, a significant portion of even the most educated respondents struggle to reach a 'proficient' level. This highlights the need for more targeted tax education efforts to bridge the gap in tax literacy across all educational levels."

 

 

Taxes in Court

Hunter Biden special counsel defends probe, denounces Biden’s DOJ criticism - Perry Stein and Matt Viser, Washington Post:

The special counsel who prosecuted President Joe Biden’s son Hunter defended his investigation in a report released Monday, rebutting claims by the president and his family that the cases were politically motivated.

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When assessing whether to charge someone with tax crimes, Weiss said, prosecutors often consider whether doing so would deter people from evading taxes in the future. He said Biden failed to pay at least $1.4 million in federal taxes from 2016 through 2019, a period that included time when he was sober and knew that what he was doing was wrong.

“Mr. Biden failed to timely file and pay his taxes over a four-year period and then, after becoming sober, he chose to file false returns to evade payment of taxes he owed,” Weiss wrote in the report. “I concluded that the prospect of criminal penalties was necessary to accomplish the goals of both specific and general deterrence in this case.”

 

Aurora man indicted for defrauding surveying company and $2.3 million from COVID-19 relief programs - IRS (Defendant name omitted, emphasis added):

The United States Attorney’s Office for the District of Colorado announces that Defendant, of Aurora, Colorado, was indicted by a federal grand jury on six counts of wire fraud and two counts of money laundering in connection with schemes to defraud a Colorado surveying company and programs intended to provide emergency relief funds during the COVID-19 pandemic.

According to the indictment, from June 2019 until around November 2022, Defendant allegedly defrauded SurvWest, LLC, the surveying company in which he was majority shareholder of, to obtain over $843,452 for his own benefit, including to purchase an Aston Martin convertible, a Land Rover Range Rover Sport, and a Mercedes Benz G63.

The indictment further alleges that Defendant participated in a scheme to defraud the Small Business Administration and others to obtain emergency COVID-19 relief funds totaling over $2.3 million during the pandemic.

Everyone wants nice cars. It's interesting that there are no tax charges in the indictment; embezzlement is not usually disclosed on the 1040.

 

What day is it?

It's International Kite Day! Sounds fun, but it's a little chilly for that here today.

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About the Author(s)

Joe Kristan

Joe B. Kristan, CPA

Partner
After 38 years centered on tax consulting for closely held businesses and their owners, Joe is joining Eide Bailly's National Tax Office. Joe's responsibilities include communication, process improvement and training. He is a principal contributor to the Eide Bailly Tax News and Views blog, providing daily updates on tax reform and other tax news. Joe is a Certified Public Accountant and a member of the AICPA Tax Section and Iowa Society of Public Accountants.

Any opinions expressed or implied are those of the author and not necessarily those of Eide Bailly. Opinions found in linked items are those of the authors of the linked item, not of your bloggers or of Eide Bailly. “$” means link may be behind a paywall. Items here do not constitute tax advice.