2016-Issue 23 – In 2004, Congress enacted Section 409A of the Internal Revenue Code, which places strict requirements on nonqualified deferred compensation plans. Since that time, the IRS has issued numerous pieces of guidance. Most recently,…

2016-Issue 22 – The referendum in the United Kingdom on whether to leave the European Union has produced a clear, if close, result in favor of leaving. In this edition of Tax Advisor Weekly, we consider the immediate impact of the result,…

2016-Issue 21 – Yesterday, the U.S. Treasury Department held its much-anticipated hearing on the controversial proposed earnings stripping regulations under Section 385 of the Internal Revenue Code. We attended the hearing on behalf of our clients…

2016-Issue 20—At first glance, acquiring an S corporation is a seemingly innocuous event; after all, S corporations are “flow-through” entities that generally are not subject to income taxes. Instead, income, losses, deductions and credits all flow…

2016-Issue 18 – In prior editions of the Tax Advisor Weekly, we have discussed the proposed regulations under Section 385 issued by the Internal Revenue Service and the Treasury Department that address whether related-party indebtedness is…

2016-Issue 17 – The Financial Accounting Standards Board (FASB) recently released Accounting Standards Update (ASU) No. 2016-09, which finalizes significant changes aimed at simplifying the accounting for share-based payments. The final rules…

2016-Issue 16 – The United States enacted the Foreign Account Tax Compliance Act (FATCA) to uncover U.S. persons who were hiding money in offshore financial institutions and similar investment vehicles. To incentivize these foreign institutions to…

2016-Issue 15 – If Jimmy Fallon had a tax background and were to write one of his thank-you notes for this topic, it might read “Thank you, purchase accounting, because regular accounting for income taxes wasn’t complicated enough.” Accounting for…

2016-Issue 14 – Just when you thought it was safe to go back in the water, on April 4, 2016, the IRS and Treasury released proposed and temporary regulations attacking corporate inversion transactions with an even bigger bite than expected. The…

Yesterday, the U.S. Department of Labor (“DOL”) issued its final overtime rule (the “Rule”), dramatically increasing the minimum salary threshold required to qualify for the Federal Labor Standards Act’s (the “FLSA”) white collar exemptions, from $…

2016-Issue 13 – As is often the case in practical tax planning, “an ounce of prevention is worth a pound of cure.” On April 4, 2016, the IRS and Treasury issued proposed regulations under the authority of Section 385 of the Internal Revenue Code.…

2016-Issue 12 – On April 4, 2016, the IRS and Treasury released two sets of proposed and temporary regulations that caused various taxpayers, investment bankers and large sectors of the investment community, particularly in the pharmaceutical and…

2016-Issue 11 – The Internal Revenue Service (IRS) has been busy of late producing internal guidance for its examiners (both specialists and non-specialists) for use in auditing foreign and cross-border transactions. This process began with the…

2016-Issue 10 – To understand compensation practices in the energy sector, specifically, for exploration and production (E&P) companies, Alvarez & Marsal’s Executive Compensation and Benefits Practice examined the latest proxy statements for…

2016-Issue 9 – Chapters 3-32 and 4-156 of the Municipal Code of Chicago impose taxes on personal property leases and amusement transactions, respectively. These laws were broadly drafted, but significant technological advancements since the…

2016-Issue 8 – A common provision in many restricted stock unit (RSU) awards is that vesting will accelerate when a participant becomes eligible to retire, after having reached a certain age and/or completed a minimum number of years of service. One…

2016-Issue 7 – Executive compensation continues to be bombarded with scrutiny by shareholders, shareholder advisory firms, politicians and the media. With say-on-pay voting now well established, the voices of shareholders are getting louder, and…

Congress recently passed the Protecting Americans from Tax Hikes Act of 2015 (the “PATH Act”).  You probably have already heard about the PATH Act, even if you did not realize it, because it delays the healthcare Cadillac Tax for two years to…

2016-Issue 6 – If you haven’t heard, the latest installment of the Star Wars saga arrived in theaters in mid-December. Incredibly, it’s been almost 40 years since the original Star Wars premiered. In that first episode, Luke Skywalker and a plucky…

The Delaware Court of Chancery (the “Court”) recently issued a decision that is likely to subject director compensation to increased judicial scrutiny, making it easier for shareholders to bring suits against companies for issues regarding their…