Tax Law Defined® Blog
Frost Brown Todd’s (FBT’s) tax-related blog serves as a practical resource on all things tax – from federal, state and local taxes to more nuanced areas like LLCs, succession planning, employee benefits, estates, incentives and regulated industries taxes. Our authors cover topics pertaining to corporations, employers, individuals, family-owned business, as well as those working in regulated industries, such as manufacturing, logistics, alcohol, tobacco and equine, that are subject to specific tax laws.
Recent Blog Posts
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Kentucky Tax Talk: Confusion Over Manufacturing Exemptions
March 7, 2022 | Blogs
This article was originally published in Law360 Tax Authority. Kentucky’s sales and use tax e...
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Transfers “At Death” of Qualified Small Business Stock
September 16, 2021 | Blogs
This article addresses the consequences of “transfers at death” of qualified small business stoc...
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Update – Fraud Investigations Related to COVID-19 Assistance Programs
July 13, 2021 | Blogs
The Paycheck Protection Program (PPP) was introduced with the CARES Act in 2020 in an effort to assi...
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Kentucky’s Racing Taxes Under Scrutiny
July 2, 2021 | Blogs
In what was a whirlwind of a shorter than normal 2021 regular session, the General Assembly had the ...
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Kentucky Releases Application for New Cryptomining Energy Exemption
June 24, 2021 | Blogs
As discussed at length in my prior article (KY Passes New Tax Breaks for Cryptomining), Kentucky rec...
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You May Look, But You Can’t Pay – Structuring Payment Transactions for Online Marketplaces Under...
June 16, 2021 | Blogs
On June 1, 2021, the Tennessee Department of Revenue published Letter Ruling # 21-05,[1] providing n...
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What’s in the 86 COBRA Subsidy Q&As Released by the IRS?
June 15, 2021 | Publications
On May 18, 2021, the Internal Revenue Service (IRS) released Notice 2021-31 (“Notice”), a set of...
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How State Pollution Control Tax Exemptions Can Help Businesses Transition Under New Biden Environmen...
June 12, 2021 | Blogs
While approximately 100 environmental rules and policies were rolled back or altered during the econ...
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Burning Questions for the Tobacco Product Industry as it Deals with Increased and Evolving Tax, Regu...
June 6, 2021 | Blogs
The tobacco industry has always been complicated from a tax and regulatory standpoint, but recent an...
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Ransomware and Bitcoin – New Proposed Cryptocurrency Reporting Requirements
June 3, 2021 | Blogs
In our previous article, we discussed the increasing problem of cybersecurity breaches resulting in ...
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Kentucky Tax Talk: General Assembly Makes Strides to Assist Businesses During the 2021 Legislative S...
June 1, 2021 | Blogs
In our December and February Kentucky Tax Talk articles, we covered what to watch for going into the...
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Ohio Tax Talk: One Company’s Trash Is Another’s Tax Exemption
June 1, 2021 | Blogs
This article was originally published in Law360 Tax Authority. One company’s garbage is another c...
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Transfer Planning With Qualified Small Business Stock
May 21, 2021 | Blogs
During the past several years, there has been a marked increase across the country in the use of C c...
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Temporary Relief for Dependent Care Assistance Programs
May 18, 2021 | Blogs
The shutdown of worksites and childcare facilities in 2020 presented many challenges for both employ...
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Ohio Launches Special COVID-19 Property Valuation Complaint Process
May 17, 2021 | Blogs
Ohio Senate Bill (SB) 57 was signed into law on April 27, 2021 by Governor Mike DeWine. Among other ...
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New DOL Rule Withdraws Trump-era Employee v. Independent Contractor Test in Favor of Historic Seven-...
May 14, 2021 | Blogs
On May 6, 2021, the U.S. Department of Labor (DOL) issued a final rule that withdraws a Trump-era ap...
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“A Long Time Comin’”: The DOL issues Cybersecurity Guidance
May 12, 2021 | Blogs
On April 14, 2021, the U.S. Department of Labor (DOL) issued guidance on cybersecurity for employee ...
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Federal Government to Make Contributions to Union Pension Plans (and other Pension Provisions in the...
May 11, 2021 | Blogs
The American Rescue Plan Act of 2021 (ARPA) was enacted on March 11, 2021. Among its many provisions...
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DOL Issues Model COBRA Notices Related to Premium Subsidies and Extended Election Period Required by...
May 3, 2021 | Blogs
The Department of Labor (DOL) recently issued four model notices that employers can use to provide t...
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Kentucky DOR Provides Guidance for Taxation of Solar Energy Equipment
April 30, 2021 | Blogs
While the development of solar and alternative energy continues to grow in the United States, with i...
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When and Where Can I Sign My Will With “Remote Witnessing”? [Estate Planning Lessons Learned Fro...
April 16, 2021 | Blogs
Beginning in March 2020, pandemic-driven lockdowns, home quarantines, and general isolation made it ...
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New IRS Private Letter Ruling Helps Define the Scope of Proscribed Excluded Activities Under Section...
April 15, 2021 | Blogs
During the past several years, there has been a marked increase across the country in the use of C c...
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And They’re Off (Again)! Normalcy Returns to Kentucky’s Annual Real Property Tax Appeals Season ...
April 14, 2021 | Blogs
Now that much of the craziness and uncertainty of the COVID-19 pandemic has passed, Kentucky is retu...
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Tax Bills Passed During 2021 West Virginia Legislative Session
April 13, 2021 | Blogs
The most discussed issue during West Virginia’s 2021 legislative session was the proposed repeal o...
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Ohio Tax Talk: Ensuring A Nonprofit’s Property Tax Exemption
April 9, 2021 | Blogs
Like the federal government and other states, Ohio grants nonprofit organizations the benefit of cer...
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Change Please: A Tax Practitioner’s Guide to F Reorganizations
April 5, 2021 | Blogs
The choice of entity decision is a critical step in every company’s life cycle. At its onset, a bu...
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IRS Announcement 2021-7: PPE as Qualified Medical Expense
April 1, 2021 | Blogs
In Announcement 2021-7 issued on March 26, 2021, the IRS announced that amounts paid for personal pr...
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Kentucky Poised To Be National Cryptomining Leader With New Tax Legislation
March 29, 2021 | Blogs
Kentucky has long been considered a national leader in the manufacturing industry given its low cost...
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Exploring the Benefits of the Corporate Freeze Transaction
March 24, 2021 | Blogs
Synopsis The distribution of a C corporation’s assets to its shareholders often triggers a hea...
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West Virginia Governor’s Proposed Personal Income Tax Reduction
March 17, 2021 | Blogs
In his 2021 State of the State Address, West Virginia Governor Jim Justice proposed a repeal of the ...
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Kentucky Tax Talk: Important Bills To Watch This Session
March 17, 2021 | Blogs
With a shorter than usual legislative session, an outstanding budget for the 2022 fiscal year, and s...
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How Section 1202’s $50 Million Aggregate Gross Assets Limitation Works
March 17, 2021 | Blogs
During the past several years, there has been a marked increase across the country in the use of C c...
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IRS Finalizes Its Section 1061 Carried Interest Regulations
March 10, 2021 | Blogs
On January 13, 2021, the IRS posted final Treasury Regulations for Section 1061 of the Internal Reve...
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Dealing With Section 1061’s Three Year Holding Period Requirement for Carried Interests
March 10, 2021 | Blogs
Hedge fund, private equity and real estate professionals are often compensated through the grant of ...
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New Mandatory Electronic Filing in Kentucky – Benefit or Burden?
March 5, 2021 | Blogs
In the wake of the COVID-19 pandemic, many businesses and government agencies have made changes to a...
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Can Convertible Debt or SAFEs Qualify as QSBS for Section 1202’s Gain Exclusion?
February 22, 2021 | Blogs
Only the issuance of “stock” triggers the running of Section 1202’s five-year hold...
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Equity Rollovers in M&A Transactions Involving Section 1202 Qualified Small Business Stock (QSB...
February 19, 2021 | Blogs
Many M&A transactions are structured to include a rollover of some percentage of the target comp...
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Employer Receives a Multiemployer (Union) Pension Plan Withdrawal Liability Assessment – What ...
February 12, 2021 | Blogs
This blog post summarizes the steps an employer must take if it wants to appeal an assessment of wit...
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“You’re Gonna Miss Me When I’m Gone:” Missing Participants – Employer Reti...
February 11, 2021 | Blogs
Pension plan and 401(k) plan fiduciaries, including employers who are the plan administrators under ...
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Ohio Tax Talk: Don’t Miss the Ohio Business Income Deduction
February 11, 2021 | Blogs
It’s that special time of year again, tax season. When it comes to filing income taxes, many taxpa...
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Ransomware and Bitcoin – Tax Troubles?
February 10, 2021 | Blogs
Published reports suggest that many businesses, including HBO, Xerox, Garmin, ExecuPharm and several...
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Best Practices for Fiduciary Review of ESOP Valuations
February 4, 2021 | Publications
The valuation of a private company’s stock is central to the operation of an employee stock owners...
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New Year, New Rules: A Look at Recent and Critical Tax Changes for Nonprofits and IRS Enforcement Pr...
February 4, 2021 | Blogs
To say that 2020 was a year that brought about many changes would be an understatement, and many pan...
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Rollover Equity Transactions 2021
January 28, 2021 | Blogs
During the 21st century, financial buyers such as private equity sponsors (PE firms) have dramatical...
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Advanced Notice – COVID-Related Revenue Losses Further Incentivize States to Roll Out New Transfer...
January 28, 2021 | Blogs
Given the projected loss in tax revenue in 2020, and beyond, due to the COVID-19 pandemic, states ar...
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Dealing With the Rollover of the Management Team’s Equity and Equity Rights in a Sale Transact...
January 27, 2021 | Blogs
A typical part of the sale of a business is the rollover of some equity by the target company’...
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Not COVID Friendly – Kentucky Disallowing Deductions for Expenses Covered by PPP Loans
January 22, 2021 | Blogs
When the federal government released its Paycheck Protection Program (PPP) in March 2020 as a part o...
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Ohio Rolls Out the Transformational Mixed Use Development Insurance Premium Tax Credit
January 19, 2021 | Publications
On December 29, 2020, Ohio Governor Mike DeWine signed Senate Bill 39, creating a new tax credit app...
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Employee Retention Tax Credit Expanded and Extended by New COVID-19 Stimulus: Does Your Business Qua...
January 15, 2021 | Blogs
The Coronavirus Aid, Relief and Economic Security (CARES Act), signed into law on March 27, establis...
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The Ultimate Destination Rule – Keeping Ohio’s CAT in Check
January 15, 2021 | Blogs
*Along with Christopher T. Tassone, Jeremy A. Hayden was a co-author of this article, originally pub...
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What’s in the Longest Bill Congress Has Ever Passed? Employee Benefits Provisions in the Consolid...
January 13, 2021 | Blogs
At 5,593 pages, the Consolidated Appropriations Act, 2021 (“Act”) is the longest bill ever passe...
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An Outlier? Kentucky DOR’s Trust Nexus Positions
January 11, 2021 | Blogs
Recently, Bloomberg Tax & Accounting released its 2020 Trust Nexus Survey gathering states’ va...
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Transparency Enters A New Stage – Defense Act Anti-Laundering Provisions Now in Place
January 5, 2021 | Blogs
President Trump’s recent veto and the subsequent override aside, the National Defense Authorizatio...
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Tax Considerations for Employee Equity Incentive Compensation
January 4, 2021 | Blogs
For companies seeking to attract and retain key employees, there often comes a time when discussions...
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Kentucky Tax Talk: What’s On Next Year’s Legislative Agenda
December 22, 2020 | Blogs
State legislatures, like the rest of us, could never have predicted how 2020 would unfold. Kentucky ...
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Ohio Tax Talk: Taxpayer Protection Lessons from the Defender Security Decision
December 3, 2020 | Blogs
On Sept. 29, the Supreme Court of Ohio released its decision in Defender Security Co. v. McClain[1] ...
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Supreme Court Hears Oral Arguments on Latest ACA Case
November 30, 2020 | Blogs
On November 10, 2020, the U.S. Supreme Court heard oral arguments (via teleconference) on the latest...
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West Virginia Supreme Court Decision Presents Sales Tax Refund Opportunities for Natural Resources C...
November 19, 2020 | Blogs
In Antero Resources Corporation v. Dale W. Steager, State Tax Commissioner of West Virginia, Case No...
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Sun Capital Won This One, But Pension Plan Withdrawal Liability Still Presents a “Risky Gambit” ...
November 18, 2020 | Blogs
A federal district court recently called investments in private companies that participate in a mult...
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“Tax Attributes” that Protect from Income Taxes as “Property”
November 13, 2020 | Blogs
Many small businesses are structured as pass-through entities for federal income tax purposes.[1] We...
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Selling QSBS Before Satisfying Section 1202’s Five-Year Holding Period Requirement?
October 26, 2020 | Blogs
A stockholder must hold QSBS for more than five years in order to take advantage of Section 1202’s...
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Section 1202 Tax Planning: Avoid Losing the Gain Exclusion!
October 26, 2020 | Blogs
Beware of Mixing Section 1202’s Version of Oil and Water – S Corporations and QSBS Our Section 1...
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Kentucky Tax Talk: What Appeals Board Reinstatement Means
October 21, 2020 | Blogs
This article was originally published in Law360 Tax Authority. On Aug. 31, Kentucky Gov. Andy Beshe...
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2020: A Year of Uncertainty Resulting in an Ideal Time for Year-End Gifting
October 16, 2020 | Blogs
End of Year Landscape As we approach the end of 2020, several factors in this historic year signal a...
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IRS Provides Guidance on Long-Term, Part-Time Employees in 401(k) Plans, Qualified Birth and Adoptio...
October 2, 2020 | Blogs
In Notice 2020-68 (Notice), the Internal Revenue Service (IRS) provided guidance on several provisio...
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IRS Updates Retirement Plan Tax Notice for Participants
September 25, 2020 | Blogs
The IRS recently updated the tax notice, “Your Rollover Options,” which 401(k) and other qualifi...
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Ohio Tax Talk: Structuring And Defending Drop-Down LLCs
September 21, 2020 | Blogs
This article was originally published in Law360 Tax Authority. The drop-down LLC transaction has be...
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Power Play – Emergence of Solar and Other Advancements in Energy Technologies May Light Up Old...
September 18, 2020 | Blogs
Every state provides several state and local tax exemptions, credits, abatements and incentives for ...
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Section 1202 and S Corporations
September 18, 2020 | Blogs
With the corporate tax rate reduced from 35% to 21%, we have experienced a heightened awareness that...
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What Was Old is New Again: Executive Order Reinstates Kentucky Board of Tax Appeals and Potential Bo...
September 4, 2020 | Blogs
On August 31, 2020, Governor Andy Beshear signed an Executive Order to restructure the Public Protec...
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IRS Issues Payroll Tax Deferral Guidance to Clarify Employer Obligations
September 2, 2020 | Blogs
The Department of Treasury recently released guidance, Notice 2020-65, to clarify President Trump’...
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Ohio Tax Talk: Rethinking The Work-From-Home Tax
August 31, 2020 | Blogs
Now more than ever, companies and organizations are evolving to allow employees to work from home. S...
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Kentucky Tax Talk: Companies May Have To Foot Unemployment Bill
August 27, 2020 | Blogs
This article was originally published in Law360 Tax Authority. Since Gov. Andy Beshear’s decl...
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Lions, Tigers, Bears and CARES – Retirement Plan Compliance
August 20, 2020 | Blogs
The IRS has now answered many of the new questions raised after the Coronavirus Aid, Relief, and Eco...
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Indiana DOR Stays Active With Guidance and Initiatives During Pandemic
August 14, 2020 | Blogs
Many areas of life have slowed down, and in some cases come to a complete halt, because of the COVID...
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IRS Provides Guidance on 2020 Waiver of Retirement Plan Required Minimum Distributions
August 13, 2020 | Blogs
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), a relief package in response to ...
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Need to Change Safe Harbor Contributions in Your Safe Harbor 401(k) Plan During 2020? Timing is Ever...
August 13, 2020 | Blogs
As employers look for ways to reduce expenses or address cash flow issues, many are considering a re...
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IRS Allows Employees to Donate Paid Leave to Charity in 2020
August 11, 2020 | Blogs
In Notice 2020-46 (the “Notice”), the Internal Revenue Service (IRS) created a new avenue for em...
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Dissecting Section 1202’s “Active Business” and “Qualified Trade or Business...
August 5, 2020 | Blogs
With the corporate federal income tax rate reduced from 35% to 21%, there is a renewed interest in c...
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DOL Reinstates Five-Part Test for Fiduciary Investment Advice: Fiduciary Focus Series
August 3, 2020 | Blogs
On June 29, 2020, the U.S. Department of Labor (DOL) proposed a new prohibited transaction exemption...
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Department of Labor Guidance Opens New Opportunities for Participant-Directed Investment in Private ...
July 22, 2020 | Blogs
In a recent Information Letter (the “Letter”), the Department of Labor (DOL) clarified that defi...
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Eight Reasons to Have an Investment Policy Statement for Your Retirement Plan | Fiduciary Focus Seri...
July 21, 2020 | Blogs
A plan investment policy statement (IPS) is a written statement intended to provide a plan’s inves...
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New Proposed Rule Provides Flexibility For Grandfathered Group Health Plans
July 20, 2020 | Blogs
The Trump administration has just issued a new proposed rule which, if finalized, will provide great...
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Congress Considers Additional Support for Tax-Exempt Issuers and State and Local Infrastructure Proj...
July 16, 2020 | Blogs
Two bills from the House of Representatives (H.R.2, the Moving Forward Act, and H.R.3967, the Munici...
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Affordable Care Act Tax Refund Claim Looming
July 10, 2020 | Blogs
Since its inception, the Affordable Care Act (ACA), also known as Obamacare, has been challenged for...
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Making the Most on the Sale of Your Business – An Owner’s Tax Considerations on Earnouts
June 29, 2020 | Blogs
As the economy starts to open, sellers of businesses are uniquely positioned to potentially capture ...
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How Turbulent Times Might Impact Executive Contracts and Compensation
June 24, 2020 | Coronavirus Response Team
Executive employment contracts and compensation have been more heavily scrutinized for the last coup...
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Opportunity Zone Rule Changes Due to COVID-19
June 22, 2020 | Blogs
In response to the ongoing COVID-19 pandemic, the Internal Revenue Service (“IRS”) recently issu...
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Kentucky Tax Talk: Pandemic Raises Telecommuting Issues
June 22, 2020 | Blogs
This article was originally published in Law360 Tax Authority. All employers, whether private corpor...
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Don’t Leave Eligible FFCRA Tax Credits on the Table
June 12, 2020 | Coronavirus Response Team
Proper Calculation of Qualified Health Plan Expenses Eligible for Sick and Family Medical Leave Tax ...
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Not Registered in All States You Operate – What’s the Big Deal? Sometimes it Can Be.
June 2, 2020 | Blogs
This article was originally published in Thomson Reuters Journal of Multistate Taxation and Incentiv...
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Ohio Tax Talk: Unemployment Ruling May Offer M&A Savings
June 2, 2020 | Blogs
As with many things in life and business, timing is important. The same was true with regards to the...
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Tax Implications of COVID-19 Telecommuting in Kentucky and its Border States
June 1, 2020 | Coronavirus Response Team
As states continue to enforce and extend stay-at-home executive orders, and many businesses opt to a...
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IRS Provides 125 Plan and Flexible Spending Account Relief in Response to COVID-19
May 27, 2020 | Blogs
The Internal Revenue Service (IRS) released Notices 2020-29 and 2020-33 (Notices) on May 12, 2020. T...
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Recapitalizations Involving Qualified Small Business Stock
May 19, 2020 | Blogs
Navigating through recapitalizations, reorganizations, stock splits, reverse stock splits, tax free ...
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An Introduction to the Use of Blocker Corporations in M&A Transactions
May 8, 2020 | Blogs
In an earlier article titled “Rollover Equity Transactions 2019,” we discussed the vario...
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DOL and IRS issue COVID-19 Benefit Plan Rules, COBRA Deadline Extensions and Updated Model COBRA For...
May 7, 2020 | Blogs
Employers, insurers and benefit plan vendors are all impacted by new guidance issued by the Departme...
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Can Your Business Deduct Business Expenses Covered by a PPP Loan?
May 1, 2020 | Coronavirus Response Team
While the Paycheck Protection Program (PPP) created by the federal CARES Act in response to the COVI...
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IRS Extends Deadlines for Plan Restatements
April 30, 2020 | Blogs
Due to the coronavirus pandemic, the Internal Revenue Service extended the restatement deadlines for...
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Kentucky Tax Talk: Budget Focuses on Pandemic Relief
April 29, 2020 | Blogs
The commonwealth’s primary concerns have drastically changed since the start of the 2020 General A...
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Strategic Estate Planning Opportunities in a Low Interest Rate Environment
April 21, 2020 | Blogs
“When written in Chinese, the word crisis is composed of two characters – one represents danger ...
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CARES Act for Midsize to Large Businesses | Webinar
April 20, 2020 | Blogs
While the CARES Act offers significant benefits to business owners in hard-hit industries, this comp...
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CARES Act for Small Businesses | Webinar
April 20, 2020 | Blogs
While the CARES Act offers significant benefits to business owners in hard-hit industries, this comp...
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Wait, They Can Do That? The Perils of Policy Changes by Departments of Revenue
April 16, 2020 | Blogs
Authority and Role of Department of Revenue’s Interpretation of the Law One of the basic rules you...
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IRS issues FAQ on Deferring Employment Tax Deposits
April 16, 2020 | Blogs
The Coronavirus Aide, Relief and Economic Security Act (CARES Act) provides businesses with various ...
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The CARES Act and the SECURE Act – Changes to RMDs from Retirement Accounts
April 14, 2020 | Blogs
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), a sweeping third-wave relief pac...
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IRS Announces Delay of Key Tax Deadlines in Response to COVID-19 Disruption
April 13, 2020 | Blogs
As U.S. taxpayers grapple with impacts of the COVID-19 disruption, Congress continues to offer relie...
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Tennessee Relaxes Formalities of Will Execution
April 10, 2020 | Coronavirus Response Team
Tennessee has joined the ranks of states allowing remote witnessing and notarization of wills and ot...
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Employers Can Provide Tax-Free Assistance to Employees Impacted by COVID-19
April 8, 2020 | Blogs
Code section 139 excludes from taxable income “qualified disaster relief payments” made to reimb...
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Tax Relief to Combat COVID-19: Don’t exclude your business from relief by choosing the wrong progr...
April 8, 2020 | Blogs
The Families First Coronavirus Response Act (FFCRA) and Coronavirus Aid, Relief and Economic Securit...
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Kentucky Legislature Suspends In-Person Witnessing and Notarization Requirement for Estate Documents
April 7, 2020 | Blogs
In the wake of the recent global pandemic, many clients have reached out to the Frost Brown Todd tax...
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Don’t Sleep On Your Tax Refund Claims During The Coronavirus Disruption
April 3, 2020 | Blogs
In the wake of the coronavirus disruption, taxing authorities across the United States are adjusting...
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Employee Benefit Plan Changes Under CARES Act
April 1, 2020 | Coronavirus Response Team
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), a sweeping third-wave relief pac...
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Your Business, Taxes and the Families First Coronavirus Response Act
April 1, 2020 | Blogs
On March 18, 2020, the president signed the Families First Coronavirus Response Act (H.R. 6201, the ...
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The Cares Act: The Affiliation Rules and How They Impact Eligibility Under the Paycheck Protection P...
March 31, 2020 | Blogs
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), a sweeping third-wave relief pac...
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Now That I Can Say “I Do,” Do I? Prenuptial Agreements and Marriage Equality
March 27, 2020 | Blogs
When a married individual dies, every state has laws granting certain rights to the decedent’s sur...
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Kentucky General Assembly Passes Emergency COVID-19 Relief Bill
March 27, 2020 | Blogs
Following the U.S. Senate’s approval of the CARES Act granting federal aid in response to the COVI...
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COVID-19 Impacts Open Meetings, Tax Collection, and Limitations Periods in Ohio
March 27, 2020 | Blogs
The sweeping changes brought about by Ohio’s Novel Coronavirus Response Bill will directly affect ...
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CARES Act Aims to Help Health Sector and Stabilize Economy
March 27, 2020 | Blogs
The House gave final passage to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).Â...
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The CARES Act: Tax and Financial Relief for Businesses
March 27, 2020 | Blogs
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), a sweeping third-wave relief pac...
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Expanded Unemployment Assistance Under the CARES Act
March 27, 2020 | Blogs
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), a sweeping third-wave relief pac...
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COVID-19 Job Losses – Are Your Incentive Awards at Risk?
March 25, 2020 | Coronavirus Response Team
As businesses continue to grapple with how to best navigate the economic climate following the COVID...
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Beware Risks Of Delaying Tax Payments
March 25, 2020 | Blogs
As the coronavirus or COVID-19 outbreak has impacted almost every part of American business, many ow...
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Safe Harbor 401(k) Plans: Changes in the Face of Financial Uncertainty
March 24, 2020 | Coronavirus Response Team
This alert focuses on whether, in the throes of the COVID-19 pandemic, plan sponsors can amend their...
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Are your Advance Care Directives Up to Date in the Era of COVID-19? Seven Questions to Ask Yourself
March 23, 2020 | Coronavirus Response Team
With the turmoil and uncertainty surrounding the COVID-19 outbreak in the United States, it is impor...
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Unemployment Insurance Rules Revised to Accommodate Employers and Employees Affected by COVID-19
March 23, 2020 | Coronavirus Response Team
As the COVID-19 pandemic continues, employers of all sizes are making difficult decisions about th...
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States Providing Filing Relief Against COVID-19 Impacts
March 23, 2020 | Coronavirus Response Team
While COVID-19 continues to cause panic across the United States, the federal government is not the ...
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Un-retired: Solutions to Healthcare Worker Shortage
March 18, 2020 | Coronavirus Response Team
While many employers are closing their doors to stem the spread of the COVID-19 virus, other employe...
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Working Remotely: Can It Impact Your State and Local Tax Compliance?
March 18, 2020 | Coronavirus Response Team
As COVID-19 continues on, more and more businesses and employers are either authorizing or requiring...
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COVID-19 Tax Impact Changes
March 17, 2020 | Coronavirus Response Team
As the coronavirus pandemic evolves, the Federal Government is continuing to offer relief that will ...
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Top Compliance Issues Currently Facing Employee Benefit Plans
March 17, 2020 | Coronavirus Response Team
Compliance concerns related to the Health Insurance Portability and Accountability Act (HIPAA), the ...
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Even Taxes Are Hit by COVID-19
March 13, 2020 | Coronavirus Response Team
As the country is hit with a wave of event cancellations, school closures, and work-from-home direct...
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Tax-Exempt Organization Update: Some Headaches Cured, While Others Linger
March 10, 2020 | Blogs
As part of the Tax Cuts and Jobs Act of 2017 (“2017 Tax Act”), Congress created several headache...
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Using Qualified Disaster Relief and Employer-Assisted Charities to Aid Employees Impacted by Financi...
March 2, 2020 | Coronavirus Response Team
Employers are in search of ways to help employees who have been severely and unexpectedly impacted i...
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The Secure Act Makes Trust Planning for Retirement Benefits Less Secure
February 28, 2020 | Blogs
On December 20, 2019, the Setting Every Community Up for Retirement Enhancement Act of 2019 (the SEC...
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Will 2020 be the year of clean-up tax legislation, and crack-down enforcement in Kentucky?
February 21, 2020 | Blogs
Following the November Kentucky gubernatorial election, and the start of a new administration, the n...
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Private Equity and Venture Capital Fund Investment in Qualified Small Business Stock (QSBS) – A Gu...
February 17, 2020 | Blogs
This article is a guide for investors and fund sponsors who purchase, own and sell qualified small b...
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SECURE Act Part II: Affordable Care Act, MEPs, and Tax Incentives
February 4, 2020 | Blogs
When the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act) became law o...
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Checklist for Non-Cash Property Distributions from a Partnership
January 31, 2020 | Blogs
Should an owner conduct business in an entity taxed as a partnership or a corporation is a frequentl...
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Taking Advantage of Ohio’s Sustainability Incentives
January 22, 2020 | Blogs
Now more than ever, businesses are focused on their environmental impact and sustainability goals. T...
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Advanced Section 1045 Planning
January 17, 2020 | Blogs
This article is one of a series addressing planning issues relating to qualified small business stoc...
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Required and Optional Retirement Plan Changes under the SECURE Act
January 10, 2020 | Blogs
As part of the bill funding the federal government through next September, the Setting Every Communi...
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Sixth Circuit Rules in Chapter 11 Reorganizations
January 6, 2020 | Blogs
A divided Sixth Circuit Court of Appeals panel ruled in the case of In re FirstEnergy Solutions Cor...
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Important Equity Compensation Reporting and Compliance Reminders
January 6, 2020 | Publications
Employers are required to annually report to the IRS all Incentive Stock Option (ISO) exercises and ...
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A New Governor’s New Tax Ideas
December 20, 2019 | Blogs
In our October article, we discussed the 2019 Kentucky gubernatorial candidates’ respective plans ...
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Three Tax Exemption Takeaways In Contractor Case
December 19, 2019 | Blogs
A recent Ohio Ninth District Court of Appeals’ decision in Karvo Paving Co. v. Testa[1] addressed ...
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Advanced Planning for Section 1061’s Three-Year Capital Gains Holding Period of Carried Intere...
November 21, 2019 | Blogs
Revisiting Holding the Carried Interest Through an S Corporation Eighteen months ago, we published a...
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Maximizing the Section 1202 Gain Exclusion Amount
November 12, 2019 | Blogs
This article is one of a series of blog posts addressing planning issues relating to qualified small...
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In 2020 You Can Contribute More to Your 401(k) Plan
November 12, 2019 | Blogs
401(k) Limits Increased for 2020 On November 6, 2019, the Internal Revenue Service issued the cost o...
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Section 1202 Qualification Checklist and Planning Pointers
November 1, 2019 | Blogs
This article is one of a series of blog posts addressing planning issues relating to qualified small...
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DOL Attempts to Modernize its Electronic Disclosure Rules with New Proposed Safe Harbor
October 31, 2019 | Blogs
On October 23, 2019, the Department of Labor (DOL) published a proposed rule outlining a new safe ha...
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Protecting Kentucky Taxpayer Rights Is Trending
October 30, 2019 | Blogs
Introduction Tax legislation enacted this Spring and last in Kentucky is but the latest enhancement ...
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IRS Finalizes Regulations on 401(k) Plan Hardship Withdrawals
October 23, 2019 | Blogs
On September 23, 2019, the IRS issued final regulations regarding hardship withdrawals from 401(k) P...
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Taxes and the Kentucky Gubernatorial Race
October 23, 2019 | Blogs
Last year was the year of significant tax reform in Kentucky, and 2019 is the year of clean-up (with...
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You Down with CBD? Yea You Know Me – States Look to Incentivize and Tax Growing Hemp Industry
October 2, 2019 | Blogs
Planting the Seed – How the Hemp Industry Began to Bloom Few products have ever taken the market b...
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Do Not Pass Go. Do Collect $200 – States Quickly Adding Marketplace Facilitator Collection Require...
October 1, 2019 | Blogs
A lot has changed in the state and local tax world after the 2018 Wayfair[1] decision which finally ...
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I’ve Got Trust Issues – Are Nonresident Trusts the New Nexus Fight?
September 30, 2019 | Blogs
Nexus is nearly an impossible concept to grasp in most state and local tax (SALT) contexts as states...
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Request Annual Estimate of Multiemployer Pension Plan Withdrawal Liability
July 16, 2019 | Blogs
An employer which participates in an underfunded multiemployer pension plan should request an estima...
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Navigating the thorny tax issues triggered by the issuance of restricted stock in a rollover transac...
July 16, 2019 | Publications
It isn’t unusual for shareholders holding vested stock in their target company to roll the sto...
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The SECURE Act – Federal Retirement Enhancement Act May Soon Require Complete Restructuring of Inh...
July 9, 2019 | Blogs
On May 23, 2019, the U.S. House of Representatives passed the “Setting Every Community Up for Reti...
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Kentucky’s 2019 Updates to the Tax Code
July 3, 2019 | Blogs
Kentucky’s 2018 Regular Session of the General Assembly brought sweeping changes to the state’s ...
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New Regulations Provide Clarity About “Specified Service Trade or Business” Categories Under Sec...
June 17, 2019 | Blogs
Under IRC § 199A, some businesses that are not C corporations can claim an income tax deduction equ...
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2019 Update – How to Deal with Section 1061’s Three Year Holding Period Requirement for Carr...
June 14, 2019 | Blogs
Hedge fund, private equity and real estate professionals value the carried interest because it allow...
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IRS Opens Determination Letter Program for Cash Balance Plans, Pension Equity Plans, and Certain Mer...
June 7, 2019 | Blogs
In 2017, the IRS eliminated the ability of sponsors of individually-designed qualified retirement pl...
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A Break from Tradition: Trust Planning for Wealthy Blended Families
May 30, 2019 | Blogs
Despite being separate and distinct from “family law,” estate planning techniques and strategies...
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A Taxpayer’s Consumer Guide to “Substantial Authority” Tax Opinions
May 24, 2019 | Blogs
Why are tax opinions especially relevant today? Recent changes in the tax laws have left taxpayers a...
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Kentucky Issues New Tax Regulations – Part 2
May 22, 2019 | Blogs
The Importance of Tax Regulations and its Critical Role After Kentucky’s Recent Tax Reform As ...
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Kentucky Tax Reform – Big Changes for the Business Community
May 22, 2019 | Blogs
Kentucky legislative sessions are always full of twists, turns, and surprises. The 2018 Regular Sess...
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Special Timing Rule
April 29, 2019 | Blogs
Are You Withholding Too Much on Nonqualified Deferred Compensation? If you have a nonqualified defer...
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Kentucky Supreme Court Rules in Favor of Frost Brown Todd Tax Case
April 19, 2019 | Blogs
Kentucky taxpayers now have access to the state’s Department of Revenue (DOR) tax rulings. The cas...
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Unitary is Alive and Kicking in The Commonwealth
April 12, 2019 | Blogs
As a part of the generational legislation on Kentucky tax passed last April via 2018 HB 486, the Gen...
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COBRA Noncompliance can be Costly
April 12, 2019 | Blogs
Now is a good time for employers to review their COBRA procedures or check with their COBRA vendors ...
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The IRS Backtracks (Again!) on Retiree Lump-Sum Windows
April 3, 2019 | Blogs
On March 7, 2019, the IRS issued Notice 2019-18, which walked back its prohibition on offering retir...
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The Choice of Entity Decision for VC Financed Start-ups
April 3, 2019 | Publications
I recently published an article focusing on the choice of entity decision for main street businesses...
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Planning Beyond the Buy-Sell – Ownership Structure Considerations for Closely Held Business Owners
March 29, 2019 | Blogs
Most closely held business owners recognize that a properly drafted and current buy-sell agreement ...
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Anatomy of an Employee Stock Ownership Plan (ESOP)
March 10, 2019 | Publications
What is an employee stock ownership plan (ESOP)? An ESOP is a means of providing an identity of in...
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The Importance of Regulations in Tax Law, Especially After Kentucky’s Recent Tax Reform – Pa...
February 2, 2019 | Blogs
The importance of regulations in the world of tax is often overlooked, but in many cases, regulation...
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Revisiting the Choice of Entity Decision for the Closely Held Business
January 2, 2019 | Blogs
During the past year, numerous articles have summarized and analyzed the changes made by the Tax Cut...
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SEC Liberalizes Rules for Private Company Equity Compensation
August 30, 2018 | Blogs
Equity compensation (including options to purchase stock or LLC units, restricted stock or units, ...
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A Roadmap for Obtaining (and not Losing) the Benefits of Section 1202 Stock
August 20, 2018 | Blogs
This article is one of a series of posts addressing planning issues relating to qualified small busi...
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Should Your Estate Plan Be Revised After Tax Reform?
July 31, 2018 | Blogs
Tax reform in 2017 increased the exemption against the federal estate tax from about $5,600,000 to...
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Equity Rollovers in M&A Transactions: Tax and Business Planning Fundamentals
July 26, 2018 | Blogs
During the past decade, private equity investors and other financial buyers (referred to generally...
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Is Kentucky’s Tax Reform Dead On Arrival?
July 19, 2018 | Blogs
This article, authored by Frost Brown Todd's Mark Sommer, was originally published in Law360, and ...
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Department of Labor Issues Final Rule Expanding Access to More Affordable Health Insurance for Small...
July 16, 2018 | Blogs
Department of Labor (DOL) published its Final Rule, adding the new Section 2510.3-5 to CFR Title 2...
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Planning Ideas for Avoiding IRC § 1061’s Three-Year Holding Period Requirement
April 24, 2018 | Blogs
Investment fund managers value compensation in the form of carried interests, which allows them to ...
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17 Ways to Avoid or Reduce Multiemployer Pension Plan Withdrawal Liability
March 28, 2018 | Blogs
A multiemployer/union benefit plan is a plan that two or more employers contribute to under the te...
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Employers: Prepare to Address Disability Claims Under all Types of Benefit Plans Differently, Effect...
March 22, 2018 | Blogs
Beginning April 1, 2018, employers will need to be prepared to address Department of Labor (DOL) f...
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What Service Businesses Qualify for IRC §§ 199A’s or 1202’s Benefits?
March 12, 2018 | Blogs
This article is one of a series of posts addressing planning issues relating to qualified small busi...
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How New IRC § 1061 Impacts Carried Interests
February 26, 2018 | Blogs
During the past decade, the White House, Congress and the IRS have threatened on numerous occasions ...
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Make Submissions Now for Ohio’s New Opportunity Zone Program
February 23, 2018 | Blogs
The Tax Cuts and Jobs Act of 2017 created a new community development program that provides capita...
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Maximizing the IRC § 199A Deduction
February 5, 2018 | Blogs
Taxpayers who qualify for the IRC § 199A deduction (the “Deduction”) will be one of the...
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The 21% Corporate Tax Rate Breathes New Life Into IRC § 1202
January 22, 2018 | Blogs
This article is one of a series of posts addressing planning issues relating to qualified small busi...
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Navigating the New IRS Partnership (LLC) Audit Rules
December 21, 2017 | Publications
New laws governing IRS partnership audits (the “New Audit Rules”) were enacted during 2015 and a...
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Impact on Employers of Presidential Executive Orders Regarding Affordable Care Act
October 18, 2017 | Blogs
October 12, 2017, was an eventful day for the Affordable Care Act (ACA) because of two executive o...
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The Hardship of Administering 401(k) Plan Hardship Withdrawals
August 3, 2017 | Blogs
The administration of hardship distributions can be one of the most significant burdens employers ...
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Supreme Court rules that pension plans of church-related hospitals may be church plans exempt from E...
July 31, 2017 | Blogs
Unanimous decision turns on reading of the language of the statute.
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Are You Ready for 2018 Group Health Plan Open Enrollment?
July 21, 2017 | Blogs
Open enrollment for employer-sponsored health and welfare benefits comes every year, usually with ...
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Union Pension Plan Participation Can Create Massive Unexpected Liabilities
July 6, 2017 | Blogs
When a participating employer stops contributing to, or stops having a bargaining agreement obligati...
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DOL Edges Toward Delay on Expanded Fiduciary/Conflict of Interest Rules
March 21, 2017 | Blogs
Financial institutions and investment advisors have little certainty about compliance timing.
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ACA Nondiscrimination Casts Wide Net, But Portion Has Been Enjoined
March 7, 2017 | Blogs
The Department of Health and Human Services (HHS) released final regulations on Section 1557 of the ...
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ACA Compliance Alert: “Opt-Out Payments” to Employees Who Decline Employer Health Covera...
November 9, 2016 | Blogs
Payments under an Opt-Out Arrangement are included in the Health Coverage Affordability Calculatio...
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Form 5500 Updates and Increased ERISA Penalties
October 5, 2016 | Blogs
At the end of July 2016, the Department of Labor (DOL), Internal Revenue Service (IRS), and Pensio...
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EEOC Model Notice for Wellness Programs
September 12, 2016 | Blogs
In May of this year, the Equal Employment Opportunity Commission (EEOC) issued final rules on how ...
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The DOL’s new Fiduciary Rules—Retirement Plan Sponsor Perspective
September 6, 2016 | Blogs
After several rounds of proposals, the Department of Labor (DOL) published final regulations in th...
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Partnership and LLC Alert: Some Workers Treated as Employees for Tax Purposes May Need to be Reclass...
June 8, 2016 | Blogs
On May 4, 2016, the federal government issued new temporary and proposed regulations that address ...
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EEOC Publishes Final Rules for Wellness Programs
May 23, 2016 | Blogs
Last week, the Equal Employment Opportunity Commission (EEOC) released its final rules regarding w...
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The Affordable Care Act – Complexities of the IRS Electronic Filing Process
May 11, 2016 | Blogs
As you probably know by now, the Affordable Care Act (ACA) deadline for filing Forms 1094-C and 10...
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New Federal Law Confirms Public Safety Officers’ Benefits
August 18, 2015 | Blogs
Federal tax law has recently been amended to confirm that certain payments to or on behalf of a publ...
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Alcohol Taxes and Incentives – The Spirit of the Law and What’s Hoppin’
June 27, 2015 | Blogs
2.01 Introduction Being born and raised in Kentucky, there are few things we know (or do) better tha...
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Attention 401(k) Plan Sponsors: It is more important than ever to regularly review and evaluate your...
May 22, 2015 | Blogs
In a unanimous decision issued on May 18th, the United States Supreme Court held that employers ha...
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2015 Amendments and Additions to Kentucky’s Business Entity Laws
May 5, 2015 | Blogs
On April 1, 2015, Kentucky Governor Steve Beshear signed into law House Bill 440, which includes s...
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Month by Month, Employers Must Track Employees in 2015 for Required Reporting under Health Reform Ru...
January 12, 2015 | Blogs
Beginning January 1, 2015, employers have burdensome new reporting obligations for health plan cov...
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Federal & State Tobacco Taxes – On Fire or Just Smoking? Part II
November 27, 2014 | Blogs
In follow-up to Part I of this article which covered the Federal Excise Tax (“FET”) consideratio...
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Federal & State Tobacco Taxes – On Fire or Just Smoking? Part I
June 1, 2014 | Blogs
For those in the business, manufacturers, wholesalers, distributors, importers, dealers and retailer...
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Can a United States Citizen Deposit Money in an Offshore Bank Account and Avoid IRS Penalties?
September 13, 2007 | Blogs
In today’s world, United States citizens regularly travel to foreign countries for vacation an...
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