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Monthly Archives: October 2019

New 2018 Additional Required Information for Florida Corporate Taxpayers!

On June 28th 2019, HB 7127 was signed by Florida Governor Ron DeSantis, requiring additional information to be submitted to the Florida Department of Revenue.  

Now every taxpayer that is required to file a Florida Corporate Income Tax Return for taxable years beginning during 2018 or 2019 calendar years, must ALSO submit ADDITIONAL information to the Florida Department of Revenue.  

What Additional Required Information Should be Reported?Florida Corporate Income/Franchise Tax Return of Schedule

  • Taxpayer’s name and federal employer identification number (FEIN);
  • Taxable-year beginning date and end date;
  • Federal Taxable Income;
  • Florida Apportionment Fraction;
  • Election of Filing Basis;
  • Florida Net Operating Loss (NOL) carryover to next taxable year;
  • Florida Alternative Minimum Tax (AMT) Credit Carryover to next taxable year.  

Federal Corporate Income Tax Return
  • Federal net operating loss deduction applied in determining federal taxable income (federal Form 1120 filer's, line 29a);

    • Federal net operating loss carryover that was not applied due to the limitation under Section 172(a)(2), Internal Revenue Code (IRC) (80% of taxable income computed without regard to the deductions allowable under Section 172);

      
     Form 8993 - Section 250 Deduction for Foreign-Derived Intangible Income (FDII) and Global Intangible Low-Taxed Income (GILTI)

    • Foreign Derived Intangible Income (FDII);
    • Amount of Foreign Derived Intangible Income (FDII)- related deduction under Section 250, Internal Revenue Code (IRC);
    • Amount of Global Intangible Low-Taxed Income (GILTI) included in the federal taxable income (federal Form 8993, Part IV, Line 8);
    • Amount of Global Intangible Low-Taxed Income (GILTI) - related deduction under Section 250, Internal Revenue Code (IRC) (federal Form 8993, Part IV, Line 9).  


    Form 8990 - Limitation on Business Interest Expense Under Section 163(j)

    • Amount of business interest expense deduction on the federal return, including any carryover (federal Form 8990, Part 1, Section I, Line 2);  
    • Amount of disallowed business interest expense carried over from previous taxable year (federal Form 8990, Part 1, Section IV, Line 30);
    • Amount of current-year business interest expense not deducted due to the limitation (federal Form 8990, Part 1, Section IV, Line 31).
    North American Industry Classification System (NAICS) Code

    • NAICS code for business activity generating the greatest amount of gross receipts for the taxpayer.

    Potential Penalties

    • Taxpayer’s who fail to provide the required information by the submission date are subject to the greater of either, but not both:
      • $1,000;
      • 1% of the tax determined to be due.  

    Who can submit the application on behalf of the taxpayer?

    • An officer of the taxpayer or a person duly authorized to act on the taxpayer’s behalf must certify that the information submitted is true and correct.  

    When should the information be reported by?

    • The information must be submitted the earlier of days after the extended due date of the state corporate income/franchise tax return or 10 days after the state corporate/franchise tax return is filed.
    • Originally, if you have filed your Florida corporate income/franchise tax return or the extended due date for your return is prior to September 3, 2019, your additional required information will be considered timely if submitted by September 3, 2019.
    • However, as a result of Hurricane Dorian, the due date has been extended to October 27th for all taxpayers.

    Have a Florida Tax Problem?
     
     Contact the Tax Lawyers at

    Marini & Associates, P.A. 
     
     for a FREE Tax Consultation Contact us at:
    www.TaxAid.com or www.OVDPLaw.com
    or Toll Free at 888-8TaxAid (888 882-9243).


     

     

    Read more at: Tax Times blog

    Cyprus Tightens Investor ‘Golden Visa’ Rules

    The Cyprus' government has approved changes to its citizenship-by-investment scheme following pressure from the European Union and the OECD.

    Applicants will, in future, have to undergo background checks by a specialist firm, and must already possess a Schengen visa allowing them to travel in the Schengen area for up to 90 days. It’s the largest free travel area in the world. 

    A Schengen visa is a short-stay visa that allows a person to travel to any members of the Schengen Area, per stays up to 90 days for tourism or business purposes. The Schengen visa is the most common visa for Europe. It enables its holder to enter, freely travel within, and leave the Schengen zone from any of the Schengen member countries. There are no border controls within the Schengen Zone. 
    However, if you are planning to study, work, or live in one of the Schengen countries for more than 90 days, then you must apply for a national visa of that European country and not a Schengen Visa.

    Over 14.2 Million People Used Their Schengen Visa
    In 2018 To Travel Around Europe.


    Those who have already been rejected by other EU Member States will be excluded from applying for Cypress citizenship.

    Should I Stay or Should I Go?
     
     Need Advise on Expatriation …  

     

    Contact the Tax Lawyers of
    Marini & Associates, P.A.
     
    for a FREE Tax Consultation contact us at:
    www.TaxAid.com or www.OVDPLaw.com or 
    Toll Free at 888-8TaxAid ((888) 882-9243)   





     

    Read more at: Tax Times blog

    IRS Grants Relief for Certain Foreign Stock Ownership!

    New regulations from the Internal Revenue Service provide relief to some U.S. taxpayers who own stock in certain foreign corporations. Rev. Proc. 2019-40 and the proposed regulations limit the inquiries required by U.S. taxpayers to determine whether certain foreign businesses are controlled foreign corporations.

    The Revenue Procedure limits the inquiries required by U.S. persons to determine whether certain foreign corporations are controlled foreign corporations (“CFCs”). The Revenue Procedure also allows certain unrelated minority U.S. shareholders to rely on specified financial statement information to calculate their subpart F and GILTI inclusions and satisfy reporting requirements with respect to certain CFCs if more detailed tax information is not available. It also provides penalty relief to taxpayers in the specified circumstances. 



    Finally, the Revenue Procedure announces that the IRS intends to amend the instructions for Form 5471 to reduce the amount of information that certain unrelated minority U.S. shareholders of the CFC are required to provide. It will also limit the filing requirements of U.S. shareholders who only constructively own stock of the CFC solely due to downward attribution from another person.

    The proposed regulations provide additional relief to taxpayers affected by the repeal of section 958(b)(4). These regulations also propose modifications to existing regulations that are intended to ensure, in certain appropriate circumstances, that the operation of certain rules is consistent with their application before the repeal of section 958(b)(4). The repeal of section 958(b)(4) was part of the Tax Cuts and Jobs Act.  

    Section 958 provided the rules for determining stock ownership of CFCs. These rules included direct, indirect, and constructive ownership. In looking at the constructive ownership rules, Section 318 is applied with certain modifications. Prior to the enactment of the TCJA, Section 958(b)(4) prevented stock owned by a non-US person from being considered to be owned, via attribution, by a US person.

    The repeal of Section 958(b)(4) has created a situation in which there’s no longer a limitation on the downward attribution of stock ownership. Instead, under the revised attribution rules, a foreign subsidiary company that shares a foreign parent with a US company is now classified as a CFC. A CFC is defined as a foreign corporation that’s more than 50% owned by vote or value by a US shareholder.

    Have an International Tax Problem?

     

     Contact the Tax Lawyers at

    Marini & Associates, P.A. 
     
     for a FREE Tax Consultation Contact us at:
    www.TaxAid.com or www.OVDPLaw.com
    or Toll Free at 888-8TaxAid (888 882-9243).


     

    Read more at: Tax Times blog

    Inter Company Pricing – Bye-Bye Benchmarking?

    According to Robert Feinschreiber and Margaret Kent, Transnational transfer pricing audit experts are now in the process of remaking the transfer pricing landscape. Tax administrations are challenging both the scope and the depth of comparability databases. These governments are increasing asking the question, “What products or services are to be benchmarked?”   
    Consider one such example in which the benchmarker fails to provide the tax authority with needed information: the enterprise in question sells offal products (hearts, livers, tongues, and other cow parts) from the slaughterhouse to foreign buyers. Will the benchmarker provide comparable data?

    An enterprise might need just a modicum of investment capital to enter into the business of providing benchmarking services. There are limited barriers for entry and at present there are a limited concentration of benchmark services providers. Governmental administrative database changes might “cull the herd.” Only a few benchmarked service providers might ultimately prevail.

    Transfer pricing has been growing in importance, and benchmarking has become increasingly important concomitantly with this growth. But, similar to other growth industries, administrative database developments will increase competition in the benchmarking industry. Increased competition will force some benchmark service providers to face a culling-out process.

    Benchmarking and Documentation

    The U.S. Treasury and the OECD initiated the transfer pricing benchmarking concepts a quarter of a century ago. Many transfer pricing service providers increased their database internationally and increased the availability of financial data. Despite these efforts, governments were increasingly unhappy with the transfer pricing reports they had been receiving. We have worked with Mexico’s SAT and with CIAT to move from a NAICS database approach to direct transfer pricing comparability.

     

    The benchmarking process is just one facet of the broader-based transfer pricing process. An enterprise needs to consider its functions, assets, and risks. The documentation process, functional analysis, financial analysis, and the economic analysis lie ahead, including company analysis and industry analysis. Then the enterprise and the government need to consider audit responses and potential tax litigation issues as part of the transfer pricing process. Governments are concerned that enterprises and their advisers put too much emphasis on database issues rather on examining the company itself.

    Changes Coming to the Benchmarking Industry

    The actions that governments undertake to shift the emphasis from database considerations to the company’s direct company analysis will mark a significant change in emphasis for such benchmarking enterprises. The result is quite likely to be consolidations within the industry, perhaps combining with other benchmarkers or with professionals such as economists, lawyers, or CPAs.

    The benchmarker might be better served by increasing the level of its advertising expenditures. Such a benchmarker should seek endorsements from established but neutral transfer pricing professionals to provide the imprimatur necessary to withstand governmental challenges.

    Need Inter-Company Pricing Advice?

     
    Contact the Tax Lawyers of
    Marini & Associates, P.A.
     
    for a FREE Tax Consultation contact us at:
    www.TaxAid.com or www.OVDPLaw.com or 
    Toll Free at 888-8TaxAid ((888) 882-9243)   
    

    Read more at: Tax Times blog

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