Spotlight Interview: Chuck Levun and Michael Cohen on Educating CPAs, Attorneys and Other Tax Planning Professionals

Spotlight Interview Part 1:

Chuck Levun and Michael Cohen on Educating CPAs, Attorneys and Other Tax Planning Professionals – As Well as Their Seasoned Advice for Tax Professionals New and Old

For more than thirty-seven years, Charles R. Levun and Michael J. Cohen (the founders of Tax Forum) have been creating and presenting the preeminent seminars on flow-through taxation. The two flagship Tax Forum programs are Fundamentals of Flow-Through® and Tax Planning Forum®.  In addition, Tax Forum is expanding its programs to include self-study (on-demand) training, as well as working on an additional course, which they will share with us soon.

Please read Part 1 of this special interview for Chuck’s and Michael’s descriptions of these programs and education in the flow-through taxation arena. Part 2 will focus on significant tax planning challenges that partnerships face … and the biggest mistakes Chuck and Michael have seen, that they will help you avoid.

Speaking of avoiding potential big mistakes, take a moment to register for Tax Forum’s complimentary webinar:

Avoiding Costly Mistakes: Four Essential Tax Concepts for the Non-Tax Business Attorney or CPA taking place on Thursday, May 16th at Noon CDT

You will appreciate what you will learn by spending time with these leading tax experts/educators.

Kat Jennings’ Question:

First of all, tell us about your favorite career accomplishments?

Chuck Levun’s Answer:

I’ve had many. However, perhaps my favorite is to have developed the Tax Planning Forum and the Fundamentals of Flow-Through tax programs with my partner, Michael Cohen. We’re in our 38th year of presenting these partnership, LLC and S corporation flow-through programs for tax professionals, and I feel that we have assisted several decades of tax professionals to be better educated and better able to assist their clients in closely held business matters.

Michael and I have also been very fortunate to have served as the editors-in-chief of the Journal of Passthrough Entities during its entire 20-year publication, and to have written 400 monthly Partner’s Perspective columns for the Wolters Kluwer (CCH) Partnership Tax Planning and Practice Guide. These vehicles enabled us to learn and assist others to learn at the same time.

But maybe, the most rewarding aspect of all this is the opportunity we have had to not only educate other professionals but also to assist them in growing their practices and retaining clients who are in need of creative business structuring. I also have been involved in mentoring other professionals, both officially and unofficially. More recently, I have been involved with both the Chicago Bar Association and the ABA Tax Section in their mentoring and diversity programs. These mentoring relationships have turned into friendships, and it’s been amazing watching young professionals blossom and grow.

Kat Jennings’ Question:

What is Tax Forum and what is its origin?

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Sales And Use Tax 101 – You Don’t Know What You Don’t Know

Sales and use tax compliance can be daunting. Regulations vary by state and jurisdiction making them difficult to navigate, and to make matters even more complex, the rules are ever-changing.

For many people, the concept of sales tax is just a charge you see on your receipt. Expanding your knowledge base to understand the compliance side of sales tax is far from your idea of fun, however, it’s an essential aspect of conducting business.

The following is a basic outline of compliance, Sales and Use Tax 101, if you will, because, let’s face it, ‘You don’t know what you don’t know.’

What Is Sales Tax?

Sales tax is a tax imposed on the sale of goods and services, which is generally calculated as a percentage of the sale price. It is generally collected by the seller at the time of purchase and remitted to the state or local government.

Sales tax is a jurisdictional tax, which means that each state or jurisdiction has its own set of sales tax rates and rules. The amount of sales tax collected is based on the sales tax rate in the jurisdiction where the sale was made, or where the customer is located.

There are four types of Sales Tax: Sellers Privilege, Consumer Levy, Gross Receipts, and Transaction Tax, and each type is imposed differently, whether on the Seller or Purchaser or on the transaction itself.

What Is Use Tax?

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IRS Releases 2023 Data Book Describing Agency’s Transformation Through Statistics

The Internal Revenue Service today issued its annual Data Book detailing the agency’s activities during fiscal year 2023 (Oct. 1, 2022 – Sept. 30, 2023), including revenue collected and tax returns processed.

For FY 2023, the IRS collected approximately $4.7 trillion, or about 96 percent of the funding that supports the federal government’s operations — to fund everything from education to national defense.

During FY 2023, the IRS processed more than 271.4 million tax returns and other forms, including more than 163.1 million individual income tax returns.

Beyond statistics, the 2023 Data Book reflects the initial impacts of the historic long-term funding provided under the Inflation Reduction Act (IRA) of 2022 to transform the IRS and modernize how the agency serves the American people.

“This once-in-a-generation funding opportunity provided by the IRA is an investment in the transformation of the IRS and an investment in the financial future of our nation,” IRS Commissioner Danny Werfel wrote in the Data Book introduction. “The effects of this IRA funding — to hire more IRS employees and modernize the agency’s technology and systems to provide better service to the American people — started showing up in the 2023 tax season. And that progress has accelerated into 2024.”

In FY 2023, with new phone assistors hired through IRA funding, IRS employees answered nearly 27.3 million phone calls — a 25% increase from FY 2022. The IRS opened or reopened more than 50 taxpayer assistance centers in FY 2023 that were closed during the pandemic. The IRS had more than 1.6 million contacts at 363 centers across the nation in FY 2023 to provide more in-person help to taxpayers – up 18% from FY 2022.

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Avoiding Costly Mistakes: Four Essential Tax Concepts For Attorneys And CPAs

Register For Complimentary Webinar

Even smaller matters might have big traps and significant tax implications – leading to unexpected tax liabilities for your clients and potential malpractice claims for the professionals.

During this one-hour webinar, the Tax Forum team of Chuck LevunMichael Cohen, and Scott Miller will provide a top-level look at …

  • Converting an existing S corporation to an LLC on a tax-free basis to obtain “charging order” protection
  • Simple business structuring to circumvent the $10k deduction limitation for the portion of state and local income taxes attributable to partnership/LLC and S corporation income
  • How not to cause your client to be one of the estimated 500k+ LLCs that incorrectly thought it was going to be taxed as an S corporation but, because of certain language contained in its operating agreement, is not an S corporation
  • Personal goodwill and the C corporation business sale – identifying situations in which double tax can be avoided

Any one of these could make the difference between you being a hero or creating a significant problem for your clients.

This webinar is geared for attorneys and CPAs who handle matters (even on a limited basis) involving closely-held businesses and smaller mid-market companies.

Please bring your questions, as the presentation will include a live Q&A session.

About Tax Forum:

Tax Forum presents flow-through tax programs that are considered the preeminent training seminars for professionals who handle partnership, LLC and S corporation tax and business planning.

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Understanding The Alternative Simplified Credit Calculation For R&D

The Research and Development (R&D) Tax Credit is a valuable incentive offered by the US government to encourage innovation. However, calculating this credit can involve complex formulas and historical data analysis. This is where the Alternative Simplified Credit (ASC) method comes in, offering a streamlined approach for qualifying businesses.

Traditional vs. Alternative Simplified Credit Calculation

The Regular Historical method for calculating the R&D Tax Credit involves a complex formula that requires the calculation of a fixed base percent using information most companies do not have (1984-1988 financial information). The ASC method offers a simpler alternative, particularly for companies that don’t have extensive R&D history or lack the resources for a detailed analysis. Here’s what you need to know:

  • Eligibility: The ASC method is available to all companies with QREs in the current tax year and the previous three tax years. Exceptions do apply for any previous year of the three prior years with no QREs.
  • Calculation Steps:
    1. Identify Average QREs: Calculate the average of your qualified research expenses from the preceding three tax years. Or, zero if you do not have a prior three years of qualified expenses.
    2. Apply Base Percentage: Multiply the average QREs by 50%.
    3. Determine Creditable Excess: Subtract the result from Step 2 (base amount) from your current year’s qualified research expenses.
    4. Apply Credit Rate: Multiply the creditable excess by 14%.
Benefits Of The ASC Method
  • Simplicity: The ASC method requires less data and offers a straightforward calculation approach.
  • Reduced Time and Costs: Businesses can save time and resources compared to the traditional method.
  • Accessibility: The ASC method makes the R&D Tax Credit more accessible to smaller companies or startups.
Considerations Before Using The ASC Method
  • Potential Benefits: With a detailed estimate analysis, both methods can be evaluated. If the proper documentation is available, the most advantageous method will be suggested. When engaged, we will document accordingly.
  • Businesses with significant and consistent R&D expenses might benefit more from a detailed analysis.
  • Professional Guidance: Regardless of the chosen method, seeking the advice of a qualified tax professional is recommended to ensure you maximize your R&D Tax Credit potential and comply with regulations.
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Learn How To Staff Your Tax Practice And Get Work Done In Today’s Market

Many of you have shared with us this tax season was a challenging one for many tax firms due to lack of tax staff with three to five years of experience to support Tax Managers, Tax Directors, and Tax Partners. This has been a challenge for firms for a few years now, so what is the solution? There are a few solutions that are currently being adopted by firms nationally and internationally. This post discusses the solutions for firms’ short term and long term. The primary solutions are offshoring the work, onboarding new staff and outsourcing the work to other firms, and under private contract utilizing TaxConnections Executive Search services.

Services provided in offshoring tax work to India started in the 1980s and rapidly accelerated in the ’90s. In today’s world where information technology has become critical to business, the meaning of outsourcing has undergone a drastic change over the years. CPA and accounting firms significantly reduce costs by outsourcing tax compliance services to India. Labor costs in India are much lower than in the United States, with firms saving up to 60% of costs. It means that firms can save a significant amount of money by outsourcing tax services to India. We have encountered many Tax Managers who have been on rotation to offices between the U.S. and India to train the staff on tax preparation. The Big Four firms in India have grown to massive size to outsource client engagements for U.S. multinational clients at competitive costs. The one drawback to this is there has been less emphasis on training tax staff in the U.S.

We have noticed accounting firms and corporations increasing their hiring at the tax intern and staff level. This is good news as they are also making a commitment to train and educate a new generation of needed tax staff by corporate tax departments and public accounting firms. If these organizations offer tax staff a supportive environment to learn and grow, this is good news for a tax staff entering the tax profession. If you do not have enough tax staff, the growing trend is training and growing your own. You build technically stronger Tax Managers when you provide them with the opportunity to grow by transferring their technical knowledge and tax skills to others. We expect to see this trend continue to grow throughout the tax profession. It is a win-win solution for tax organizations.

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IRS Seeks Membership Nominations For The 2025 Internal Revenue Service Advisory Council

On Thursday, April 18th the Internal Revenue Service announced that it is now accepting applications for the 2025 Internal Revenue Service Advisory Council (hereinafter “IRSAC”) through May 31, 2024, including nominees for a newly created subcommittee focused on fairness issues.

The IRSAC serves as an advisory body to the IRS commissioner and the Service’s leadership. The IRSAC is organized under the Federal Advisory Committee Act and includes volunteer members with deep subject matter expertise amongst highly diverse tax matters. IRSAC provides an organized forum for discussion of relevant tax administration issues between IRS officials and representatives primarily from accounting firms, law firms and the tax departments of select Fortune 500 / Russell Index 2000 size companies. The IRSAC’s goals and objectives include but are not limited to:

  • Proposes enhancements to IRS operations;
  • Recommends administrative and policy changes to improve taxpayer services, fairness in tax administration and compliance;
  • Discusses issues and recommends solutions relevant to information reporting;
  • Addresses matters concerning tax exempt and government entities; and
  • Conveys the public’s perception of professional standards and best practices for tax professionals.

In addition, the IRSAC will launch its first-ever Subcommittee on Fairness in Tax Administration that will join the existing five subcommittees. This new subcommittee will review, and issue specific recommendations related to the overall fairness in tax administration. The subcommittee will focus on how the Service can identify and address any tax administration disparities that may limit some communities from fully benefiting from and contributing to the nation’s economic growth and prosperity. Potential focus areas will include disparities in audit selection, tax credit and deduction awareness, fraud prevention, data analytics as well as community outreach and education opportunities. The IRSAC’s other subcommittees focus on information reporting, large business & international, small business/self-employed, tax-exempt/government entities, and taxpayer services.

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California's AB 2829 Digital Advertising Tax Proposal

California has proposed a new digital advertising tax (AB 2829) that has been met with mixed reactions from businesses and consumers alike. If passed, the tax would be levied on large-scale California businesses that generate over $100,000,000.00 in annual global revenue from digital advertising services and would take effect on January 1, 2025.

Some have hailed the proposal as a way to generate much-needed revenue for the state’s budget, which was hit hard by the COVID-19 pandemic and has not yet fully recovered. Supporters of the tax also argue that it would help level the playing field between brick-and-mortar businesses and digital retailers, which have avoided many of the taxes and regulations that traditional companies face.

Opponents of the tax disagree and argue that the new tax would be harmful to both businesses and consumers alike. Opponents argue that it would make it more difficult for businesses to compete in an already challenging economic environment and that the tax would be difficult to enforce as it raises constitutional concerns surrounding the Due Process and Commerce Clauses. Opponents also argue that although there is an anti-passthrough provision disallowing the tax from being charged to the consumer as a separate fee, surcharge, or line item, businesses would instead pass the cost along to consumers under the guise of higher prices.

This recent California proposal has generated significant debate and controversy, with solid arguments on both sides. What are your thoughts?

You can reach Dan Thompson at Dan@thompsontax.com or call 916.333.2404

THE TAX RELIEF FOR AMERICAN FAMILIES ACT

Part 1: Tax Relief for Working Families

Calculation of Refundable Credit on a Per-Child Basis. —Under current law, the maximum refundable child tax credit for a taxpayer is computed by multiplying that taxpayer’s earned income (in excess of $2,500) by 15 percent. This provision modifies the calculation of the maximum refundable credit amount by providing that taxpayers first multiply their earned income (in excess of $2,500) by 15 percent, and then multiply that amount by the number of qualifying children. This policy would be effective for tax years 2023, 2024, and 2025. Modification in Overall Limit on Refundable Child Tax Credit. —Under current law, the maximum refundable child tax credit is limited to $1,600 per child for 2023, even if the earned income limitation described above is in excess of this amount. This provision increases the maximum refundable amount per child to $1,800 in tax year 2023, $1,900 in tax year 2024, and $2,000 in tax year 2025, along with the inflation adjustment described below.
Adjustment of Child Tax Credit for Inflation. —This provision would adjust the $2,000 value of the child tax credit for inflation in tax years 2024 and 2025, rounded down to the nearest $100. Rule for Determination of Earned Income. —For tax years 2024 and 2025, taxpayers may, at their election, use their earned income from the prior taxable year in calculating their maximum child tax credit if the taxpayer’s earned income in the current taxable year was less than the taxpayer’s earned income in the prior taxable year.

READ THE NINE PAGE PROPOSAL

IRS Issues Frequently Asked Questions Related To The Tax Treatment Of Work-Life Referral Services Provided To Employees

The Internal Revenue Service issued frequently asked questions (FAQs) in Fact Sheet 2024-13 related to the tax treatment of work-life referral services provided to employees under an employer’s work-life referral program.

A work-life referral program is an employer-funded fringe benefit that provides work-life referral services to eligible employees.

Work-life referral services are restricted to informational and referral consultations that assist employees with identifying, contacting and negotiating with life-management resources for solutions to a personal, work or family challenge. For example, choosing a suitable child or dependent care program, connecting with a local retirement or financial planner or navigating eligibility for government benefits.

The FAQs released today clarify that, under certain circumstances, the value of work-life referral services provided to employees through a work-life referral program can be excluded from income and employment taxes as de minimis fringe benefits.

IRS-FAQ

IR-2024-110

Spotlight Interview: Chuck Levun On Educating CPAs And Attorneys On Partnership, LLC, and S Corporation Flow-Through Planning On Four Costly Business Mistakes They Make (Part 1)

Each year there is a must attend complimentary webinar hosted by Tax Forum educators Chuck Levun, Michael Cohen, and Scott Miller.  This is a special presentation for educating attorneys and CPAs on the four biggest and costly business mistakes they make and how to avoid them. Once you attend one of Tax Forums training sessions, you will appreciate why they are the leading trainers in the tax profession on partnership, LLC, and S corporation flow-through programs for tax professionals.

Please read through this special interview, Part 1 with Co-Founder of Tax Forum, Chuck Levun: Part 2 will be another spotlight interview with Michael Cohen. If you desire cutting edge training in partnership, LLC, and S corporation flow-through, you will want to Register For Their Complimentary Webinar. You will appreciate what you will learn spending time with these leading training experts.

Kat Jennings Question:
Please tell me about Tax Forum and its origin.

Chuck Levun Answer:
Back in 1985, I was engaged to be the consultant for the CCH Partnership Tax and Practice Guide. When the project was close to being finalized in the summer of 1987, I asked myself – “How can I help market this product?” I remember pitching the Tax Forum® concept to CCH and meeting with Dick Merrill, CCH’s CEO, who said to the 6 VPs present in the conference room, and I quote, “You guys make this work.”

The Tax Forum started in the fall of 1987 as a 1-1/2 day in-person program presented in four cities. After four years, CCH indicated that they no longer were interested in being in the seminar business (although for many years CCH remained a Tax Forum sponsor), and my partner, Michael Cohen, and I took over the entire concept and grew it to what it is today. At one point, we were presenting in-person in seven cities, as well as presenting private seminars to national CPA firms in another seven or so cities.
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Navigating A Sales Tax Audit: A Comprehensive Guide To Protecting Your Business

If you’re reading this, you’ve probably received a letter of audit from a government entity. You’ve also likely now gotten over your initial anxiety and are looking for help with the next steps. You’re in the right place – we’re here to tell you that there’s no need to panic.

So, what exactly is a sales tax audit? And what can you expect?

Definition Of A Sales Tax Audit

A sales tax audit is a rigorous examination conducted by state taxing authorities to review a business’s sales tax returns, financial records, and transactions. The primary objective is to ensure compliance with applicable tax laws and regulations regarding the collection, reporting, and remittance of sales tax.

We know, sounds scary. But we can help you navigate the process successfully. In this guide, we’ll unpack various aspects of sales tax audits, including triggers for audits, documentation requirements, strategies for responding to audit findings, the role of tax professionals, and the possible consequences of an unsuccessful audit.

Here’s what you can discover:

  1. Understanding Sales Tax Audits
  • Triggers for a Sales Tax Audit
  • Types of Sales Tax Audits
  • Common Misconceptions about Sales Tax Audits
  1. Responding to Audit Findings
  • The Audit Process: From Notification to Resolution: Gain insights into the audit process, from receiving a notification to resolving discrepancies and finalizing outcomes.
  • How to Handle Audit Findings: Explore strategies for addressing audit findings effectively, including reviewing and collaborating with tax professionals.
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