On August 22, 2023, a split panel of the Michigan Court of Appeals held that the Department of Environment, Great Lakes, and Energy (EGLE) violated the Administrative Procedures Act (APA) by promulgating a new rule establishing drinking water standards for
Tax Blog
The Tax Blog published by Dickinson Wright focuses on legal developments and regulatory changes affecting taxation and related compliance issues. It covers topics such as tax incentives for small business investments, regulatory updates on hemp-derived products, cybersecurity requirements impacting government contractors, environmental law decisions related to emissions, and cross-border data transfer regulations. The blog addresses federal and state tax law implications, administrative rulings, and enforcement actions, providing insights relevant to businesses, investors, and legal practitioners navigating complex tax and regulatory landscapes.
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Nevada’s Cannabis Industry Takes Another Step Forward
Four significant bills that will undoubtedly impact cannabis regulation in Nevada were recently signed into law by Nevada State Governor Joe Lombardo (R). The legislation makes a series of amendments to the state’s existing cannabis laws, including minimizing penalties and…
Ohio Supreme Court Unanimously Affirms Siting Board Certificate for New Wind Farm
Emerson Creek project in Huron and Erie Counties Now Expected to Move to Construction
On July 27, 2023, the Supreme Court of Ohio, in a 7-0 decision, affirmed the Ohio Power Siting Board (“Board”)’s decision to issue a certificate for…
IRS Issues Alerts and Begins Audit Activity Related to the Employee Retention Tax Credit
By Eric Gregory
The Employee Retention Tax Credit (“ERC”), enacted as a part of the Coronavirus Aid, Relief and Economic Security Act (“CARES Act”), is a fully refundable tax credit for employers, up to $26,000 per eligible employee. Because of the potentially significant
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IRS Independent Office of Appeals
By James Mauro
When dealing with the Internal Revenue Service during the initial stages of a tax case, whether it involves an audit, collection issue, request for penalty relief, or a proposed plan of resolution such as an Offer In Compromise, taxpayers as…
Bill C-208: Intergenerational Business Transfers
On June 29, 2021, Bill C-208 was granted Royal Assent and became law in Canada. Bill C-208 amended the Income Tax Act (Canada) (the “Act”) to provide tax relief to families wishing to transfer shares of small business corporations, family…
The SALT Cap and State Taxation of Pass-Through Entities
Among the many significant changes in the 2017 Tax Cut and Jobs Act (TCJA), individual taxpayers’ deductions for state and local taxes (SALT deductions) on federal Form 1040 Schedule A were capped at $10,000 ($5,000 for married taxpayers filing separately). …
IRS Agents Tighten the Thumb Screws on R&D Credit
Recent taxpayer experiences suggest that IRS agents are becoming more aggressive in denying taxpayer claims of research and development tax credits through narrow construction of the so-called “substantially all” test of Code § 41(d)(1)(C) which requires that the research activities…
Success-Based Fees: Elect the Safe Harbor or Document Thoroughly
When taxpayers pay fees contingent on the successful closing of certain “covered transactions,” including, for example, taxable acquisitions of assets that constitute a trade or business, such “success-based fees” must be capitalized to the extent such fees are treated as…
Coronavirus Tax Relief: Treatment of Amounts Paid to Section 170(C) Organizations Under Employer Leave-Based Donation Programs to Aid Victims of the COVID-19 Pandemic
The Department of the Treasury and the Internal Revenue Service have extended the treatment provided in Notice 2020-46 to leave-based donation programs and cash payments in connection with such programs that are made to section 170(c) organizations after December 31,…