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For publicly traded companies the Tax Cuts and Jobs Act eliminates the exceptions for performance- based compensation and commissions. Prior to the Tax Cuts and Jobs Act, performance- based compensation and commissions that exceeded $1 million were deductible under the exceptions available for these types of compensation to a covered employee. Previously, if a covered employee had a base salary of $500K and received performance- based bonuses of $4.5M the full $5M of compensation was deductible.

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The Internal Revenue Service recently announced that the agency will waive certain late payment penalties pertaining to Section 965 of the Internal Revenue Code.

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On June 21, the US Supreme Court issued its decision on the South Dakota v. Wayfair case regarding nexus determination for sales tax. In a 5-4 decision favoring South Dakota, the Court overturned judicial precedent dating back 50 years when it concluded Quill (1992) and National Bellas Hess (1967) to be unsound and incorrect.

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The Tax cuts and Jobs Act held many changes to tax planning and required documentation for business owners in 2018. One of those changes is meals and entertainment deductibility. Prior to 2018, meals and entertainment have been mostly considered 50 percent deductible for tax purposes as long as the taxpayer could show that the meal and/or entertainment had a business purpose or relation.

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Six months following the enactment of the Tax Cuts and Jobs Act of 2018, many questions still remain unanswered regarding the implementation of the new law. However, tax planning is a fluid process and the time is ripe to revisit many new provisions. In 2018, the corporate tax rate was lowered from 35 percent to 21 percent which is significantly lower than the top individual tax rate of 37 percent.

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Before tax reform, there were not many limitations on a business's ability to deduct interest expense on their tax return. However, beginning in 2018, tax reform will significantly alter the ability to deduct business interest expense for a great many taxpayers.

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There has been rapid growth in the number of people using virtual currencies, like Bitcoin, in the last few years. According to an article in The Tax Advisor, the IRS is beginning to watch this activity more closely. The underreporting of income from virtual currency transactions is potentially staggering. The IRS is beginning to aggressively pursue such transactions.

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Commencing in 2018, as enacted under the Tax Cuts and Jobs Act of 2017, Congress provided that deductions for state and local taxes are to be capped at $10,000 per married couple. Many high tax states such as California, New York, New Jersey and Connecticut have considered that this was inequitable to their residents, and have passed or are drafting legislation which would allow taxpayers to make payments to state or local municipal charitable organizations in exchange for credit against their real estate or state and local taxes.

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Tax reform provides an opportunity for simplification and tax relief for "small" businesses. Under the Act, a small business is defined as a taxpayer with average gross receipts during the previous three tax years of $25,000,000 or less. The $25,000,000 limit will be indexed for years after 2018. So what are qualifying taxpayers eligible for?

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Due to changes under the 2017 tax act (Pub. L. No. 115-97), The Internal Revenue Service issued a Notice 2018-42 on May 25, 2018, to modify Notice 2018-03 regarding the use of standard mileage rates for business expenses, moving expenses, and fixed and variable rate (FAVR) payments.

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