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December 1, 2017
2017-2021

U.S. Tax This Week for the Week Ending December 1

Ernst & Young's U.S. Tax This Week newsletter for the week ending December 1 is now available. Prepared by Ernst & Young's National Tax Department in Washington, D.C., this weekly update summarizes important news, cases, and other developments in U.S. taxation.

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Top of the Week

Senate wraps first day on tax bill after substitute amendment offered
A substitute amendment to the "Tax Cuts and Jobs Act" was offered by Senate Majority Leader Mitch McConnell (R-KY) on November 29, on behalf of Finance Committee Chairman Orrin Hatch (R-UT) and Senate Energy and Natural Resources Committee Chairman Lisa Murkowski (R-AK). A Tax Alert has details.

Gain recognition agreements and related filings not affected by short tax years
In a Chief Counsel legal advice memorandum (CCM) (AM 2017-005), the Internal Revenue Service (IRS) has concluded that the term of a gain recognition agreement (GRA) becomes fixed as of the date of the initial transfer for which the GRA is filed. Subsequent events, such as a short tax year of the US transferor, do not affect the GRA term. Similarly, the period for which a taxpayer must agree to extend the statute of limitations for deferred gain that is the subject of a GRA is fixed as of the date of the initial transfer. Additionally, annual certifications must be filled for all tax years covering the GRA term, including short tax years, but only events within the GRA term are relevant for determining if gain must be recognized under the GRA. A Tax Alert has details.

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Upcoming Webcasts

2017 employment tax year in review (December 5)
During this Thought Center Webcast, Ernst & Young professionals will discuss the federal, state and local payroll/employment tax developments and trends that are shaping the goals and priorities of businesses as they close the year and prepare for 2018.

Current developments in state and local tax controversy (December 6)
Leaders from Ernst & Young LLP's state and local tax practice will provide a look at audit issues from around the country in this webcast series aimed at state and local tax controversy. On this Thought Center Webcast, Louisiana Governor Jon Bel Edwards and Kimberly L. Robinson, the Secretary of Revenue for the Louisiana Department of Revenue, will sit down with Ernst & Young LLP's Joe Huddleston to provide their first-hand perspective of the pressures a state feels when setting tax policy, pushing tax reform and enforcing the tax laws.

Advancing in a global tax environment in flux: Are you ready for 2018? (December 7)
Please join EY as it concludes a four-part webcast series, "Advancing in a global tax environment in flux." During this Thought Center Webcast, Ernst & Young professionals highlight the challenges of managing tax risk in the current, continuously evolving, international tax landscape.

Accounting for income taxes: A quarterly perspective (December 12)
During this Thought Center Webcast, part of an ongoing series, a panel of experienced EY professionals will address developments and issues in accounting for income taxes.

Domestic tax quarterly webcast series: A focus on state tax matters (December 13)
During this Thought Center Webcast, Ernst & Young professionals will provide you with information on major tax law changes in the 50 states and District of Columbia, as well as current state and local tax topics of interest.

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Recent Tax Alerts

Internal Revenue Service

— Nov 28: SSA lowers the 2018 Social Security wage base from what was previously announced (Tax Alert 2017-2002)

International

— Nov 30: Gulf Cooperation Council VAT and its effect on law firms discussed (Tax Alert 2017-2027)

— Nov 30: Gulf Cooperation Council VAT will affect healthcare sector (Tax Alert 2017-2026)

— Nov 29: CJEU rules certain limits on application of VAT bad debt relief are disproportionate (Tax Alert 2017-2019)

— Nov 29: UK Government introduces new Customs Bill (Tax Alert 2017-2018)

— Nov 29: Zambia to issue revised transfer pricing regulations (Tax Alert 2017-2017)

— Nov 29: Gain recognition agreements and related filings not affected by short tax years (Tax Alert 2017-2015)

— Nov 29: Italian VAT law changes are effective December 12 (Tax Alert 2017-2014)

— Nov 29: Finland revises VAT procedures for imports effective January 1, 2018 (Tax Alert 2017-2013)

— Nov 29: Belgium postpones year-end transfer pricing filing deadline until March 31, 2018 (Tax Alert 2017-2012)

— Nov 29: UAE issues Executive Regulations to VAT law (Tax Alert 2017-2011)

— Nov 29: Irish Revenue grants extension for Country-by-Country Reporting filing (Tax Alert 2017-2010)

— Nov 29: Australia releases draft anti-hybrids law (Tax Alert 2017-2009)

— Nov 29: Peru issues much-anticipated transfer pricing regulations implementing local file, master file and CbC reporting (Tax Alert 2017-2008)

— Nov 29: Requirements for application of most-favored nation clause contained in income tax treaty between Peru and Mexico have been met (Tax Alert 2017-2007)

— Nov 28: Argentina and United States Agreement for the Exchange of Information Relating to Taxes enters into force (Tax Alert 2017-2004)

— Nov 28: Recent Polish court rulings establish considerations for tax exemption of non-EU Investment Funds (Tax Alert 2017-2001)

— Nov 27: Poland passes 2018 corporate income tax reform (Tax Alert 2017-2000)

— Nov 27: Personal tax increases in Canada on non-eligible dividends scheduled for 2018 and 2019 (Tax Alert 2017-1997)

— Nov 27: UK's 2017 Autumn Budget discussed (Tax Alert 2017-1996)

— Nov 27: Recent changes by the Malaysia Digital Economy Corporation discussed (Tax Alert 2017-1995)

— Nov 22: Russia set to introduce tax-free system regarding VAT (Tax Alert 2017-1983)

— Nov 22: Key business tax announcements in UK 2017 Autumn Budget discussed (Tax Alert 2017-1988)

— Nov 22: French Government issues draft second Amending Finance Bill for 2017 (Tax Alert 2017-1989)

— Nov 21: Singapore requires more detailed information on employer's recruitment and hiring practices (Tax Alert 2017-1981)

— Nov 21: EY's Doing Business Guide in Asia-Pacific (Tax Alert 2017-1976)

— Nov 21: Qatar signs Multilateral Convention on Mutual Administrative Assistance in Tax Matters (Tax Alert 2017-1973)

— Nov 21: Qatar joins BEPS Inclusive Framework (Tax Alert 2017-1974)

— Nov 21: EY's 2017-18 Worldwide Personal Tax and Immigration Guide (Tax Alert 2017-1975)

— Nov 20: Indian tax tribunal allows foreign tax credit in India for state taxes paid in US (Tax Alert 2017-1964)

— Nov 20: Trans-Pacific Partnership-11: Parties reach agreement in principle (Tax Alert 2017-1967)

— Nov 20: The latest on BEPS as of November 20 (Tax Alert 2017-1968)

— Nov 20: European Commission publishes opening decision on State aid (Tax Alert 2017-1966)

— Nov 20: Saudi Arabia clarifies recent tax law amendments relating to tax appeal procedures (Tax Alert 2017-1965)

— Nov 17: India's tax tribunal rules that salary paid in India for duties performed overseas by a non-resident is not taxable in India (Tax Alert 2017-1952)

— Nov 17: Media & Entertainment industry effects of House tax reform bill amendments and Senate Finance Committee release (Tax Alert 2017-1953)

— Nov 17: Senate Finance Committee version of the 2017 Tax Cuts and Jobs Act offers mixed results for the technology sector (Tax Alert 2017-1960)

— Nov 17: Senate tax reform plan would significantly affect retail and consumer products industry (Tax Alert 2017-1961)

— Nov 17: Ghana issues 2018 Budget Statement and Economic Policy (Tax Alert 2017-1956)

— Nov 17: Indian Apex Court rules outsourcing of services by US company to its Indian subsidiary does not constitute a PE (Tax Alert 2017-1955)

— Nov 17: China issues 2016 Advance Pricing Agreement Annual Report (Tax Alert 2017-1958)

— Nov 17: Russian State Duma adopts draft law on BEPS Action 13 implementation (Tax Alert 2017-1957)

Legislation

— Nov 29: Senate wraps first day on tax bill after substitute amendment offered (Tax Alert 2017-2020)

— Nov 28: Senate Finance Committee tax reform plan would produce mixed results for taxable healthcare providers, but could negatively impact tax-exempt providers (Tax Alert 2017-2006)

— Nov 28: Budget Committee sends tax reconciliation bill to Senate floor (Tax Alert 2017-2005)

— Nov 28: Automotive & transportation industry gets mixed results from Senate Finance Committee tax reform plan (Tax Alert 2017-2003)

— Nov 26: Senate Budget Committee consideration of tax bill set for Tuesday (Tax Alert 2017-1991)

— Nov 20: An engineering and construction industry perspective on tax reform (Tax Alert 2017-1969)

— Nov 20: Many tax credits and incentives affected by House and Senate tax reform proposals (Tax Alert 2017-1970)

— Nov 17: Treasury report reviews FSOC's process for designating systemically important non-banks (Tax Alert 2017-1954)

— Nov 17: Senate Finance Committee approves 'Tax Cuts and Jobs Act' (Tax Alert 2017-1946)

— Nov 17: Life sciences sector notes significant provisions in Senate Finance Committee tax reform plan (Tax Alert 2017-1951)

— Nov 17: House tax reform bill and Senate Finance Committee tax reform proposal include new provisions that could impact tax-exempt institutional investors (Tax Alert 2017-1959)

— Nov 16: Senate Finance Committee tax reform proposal includes significant changes for tax-exempt organizations (Tax Alert 2017-1943)

— Nov 16: Real estate industry implications of the Senate Finance Committee Chairman's Mark of the 'Tax Cuts and Jobs Act' (Tax Alert 2017-1944)

— Nov 16: Senate Finance Committee Chairman's Mark of the "Tax Cuts and Jobs Act": Key provisions for private equity and alternative asset management industry (Tax Alert 2017-1945)

States

— Nov 30: Rhode Island's tax amnesty program begins December 1, 2017 (Tax Alert 2017-2025)

— Nov 30: EY Webcast addressing the shifting unclaimed property compliance landscape, including significant Illinois legislative changes, available for replay (Tax Alert 2017-2024)

— Nov 30: Pennsylvania Supreme Court holds statute of limitations for corporate tax refunds is three years from the original due date of a return (Tax Alert 2017-2023)

— Nov 27: Nevada SUI quarterly bond assessment may be eliminated in 2018 — proposed 2018 SUI average rate to remain the same as 2017 (Tax Alert 2017-1993)

— Nov 22: New Jersey Tax Court rules limited partner is a deemed general partner with nexus to the state, denies investment company status (Tax Alert 2017-1985)

— Nov 21: Illinois to require electronic filing of withholding returns (Tax Alert 2017-1979)

— Nov 21: Oregon workers' compensation insurance rates to decrease overall for 2018 (Tax Alert 2017-1980)

— Nov 20: Illinois legislature approves technical corrections to its recently enacted revised unclaimed property law, namely the definitions of gift card and stored value card (Tax Alert 2017-1971)

— Nov 17: Webcast addressing the historical development of nexus concepts and limitations on state tax authority now available for replay (Tax Alert 2017-1948)

— Nov 17: New Jersey 2017 Form W-2 specifications released — filing due date remains February 28, 2018 (Tax Alert 2017-1950)

Other

— Nov 22: Tax M&A Update for October 2017 (Tax Alert 2017-1986)

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Recent Newsletters

State and Local Tax Weekly for November 22
   Highlights of this edition include:

Congress makes progress on tax reform. On Nov. 16, 2017, the US House of Representatives passed the "Tax Cuts and Jobs Act" (HR 1) (Act), a key step in congressional Republicans' effort to enact the most extensive tax overhaul in 31 years.

New Jersey Tax Court rules limited partner is a deemed general partner with nexus to the state, denies investment company status. In Preserve II,1 the New Jersey Tax Court (court) ruled that an out-of-state corporate limited partner of two partnerships doing business in New Jersey has nexus with the state because it is a deemed general partner as a result of its interrelation with the general partners and the operating partnership doing business in the state.

— Income/Franchise, Sales & Use, Business Incentives, Property Tax, Controversy, Payroll & Employment Tax, Miscellaneous Tax, Value Added Tax, Unclaimed Property, Upcoming Webcasts

State and Local Tax Weekly for November 10
   Highlights of this edition include:

Senate tax reform proposal has different state tax impacts from House Bill. On Nov. 9, 2017, the Joint Committee on Taxation (JCT) released a conceptual explanation of the Senate tax reform proposals (the Senate Plan) titled the "Description of the Chairman's Mark of the 'Tax Cuts and Jobs Act'" (JCT Report).

— Income/Franchise, Sales & Use, Business Incentives, Property Tax, Compliance and Reporting, Controversy, Payroll & Employment Tax, Miscellaneous Tax, Value Added Tax, Upcoming Webcasts

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IRS Weekly Wrap-Up

Proposed Regulations

 REG-119337-17Centralized Partnership Audit Regime: International Tax Rules

Revenue Procedures

 2017-60

IRS provides safe harbor to allow deductions for home repair expenses due to deteriorating concrete foundations containing pyrrhotite

Revenue Rulings

 2017-24

Applicable federal rates for December 2017

Internal Revenue Bulletin

 2017-47Internal Revenue Bulletin of November 20, 2017
 2017-48Internal Revenue Bulletin of November 27, 2017

Because the matters covered herein are complicated, U.S. Tax This Week should not be regarded as offering a complete explanation and should not be used for making decisions. Any decision concerning matters covered herein should be reviewed with a qualified tax advisor.