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Taxation Alert >> IRS Regulations Clarify Treatment of Self-Employment Tax of Partners - Alert - 05/10/2016

Recently issued IRS regulations now clarify that partners in a partnership who are employees of a disregarded entity owned by the partnership should not be treated as employees, and self-employment taxes apply to the income paid to them by the disregarded entity. This is an important clarification that partnerships and limited liability companies should review with tax counsel. Entities that have treated such individuals as employees in the past will now be required to make adjustments to both payroll and possibly benefit plans.

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Law360.com: Are States Taking 'Jock Tax' Too Far? - Published Article - 08/26/2015

Brian Gallagher

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Taxation Alert >> 2014 Employment-Based Tax Credits Available for New York Employers - Alert - 03/03/2014

The New York State Department of Taxation and Finance released guidance on three employment-based tax credits, including a new minimum wage reimbursement tax credit intended to offset the cost to employers for an increase in the state minimum wage. These employment-based tax credits took effect January 1, 2014. Employers should be aware that there are additional rules and requirements applicable to each tax credit program.

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Corporate Alert >> Governor Signs Nonprofit Revitalization Act of 2013 Into Law - Alert - 02/26/2014

The New York Nonprofit Revitalization Act simultaneously eliminates certain obstacles to the formation and governance of nonprofits, while also instituting stricter oversight procedures. In light of these changes, each New York nonprofit will now generally need to examine whether to: (1) adopt a conflict of interest policy or revise its existing policy, (2) adopt a whistleblower policy, (3) form an audit committee, (4) ask an employee who is acting as chair of the board to resign, and (5) revise certain provisions of its by-laws.

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Taxation Alert >> Congress Passes American Taxpayer Relief Act of 2012 - Alert -  01/07/2013

By Brian Gallagher

On January 1, 2013, Congress passed the American Taxpayer Relief Act of 2012 (the Act), which prevented income tax increases that would otherwise have come into effect on January 1, 2013 as part of the fiscal cliff.

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Taxation Alert >> Income Tax Increases Loom in 2013 - Alert -  08/07/2012

By Brian Gallagher

It is difficult to read or listen to the news these days without coming across dire warnings surrounding pending tax increases individuals may possibly be facing at the end of 2012.

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Davis & Gilbert LLP Represents Weather Underground in Recent Merger - Press Release - 07/24/2012

New York, NY, July 24, 2012 – Davis & Gilbert acted as lead counsel to the world’s first online weather service, Weather Underground, in its acquisition by industry leader and competitor, The Weather Channel Companies.  The acquisition, which resulted in the combination of two of the largest and most revered weather outlets, was announced publicly on July 2, 2012 and closed on July 13, 2012. Weather Underground, which runs the website wunderground.com, is known for providing the most comprehensive and reliable weather information available.

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Davis & Gilbert Counsel to WPP plc in AKQA Acquisition - Press Release - 07/17/2012

New York, July 17, 2012 – Davis & Gilbert acted as lead counsel to WPP Group plc, one of the world’s largest communications groups, in its acquisition of AKQA Holdings, Inc.  AKQA is the world’s leading independent digital agency and recipient of numerous “Agency of the Year” awards, and the transaction represents one of the largest-ever acquisitions of a digital ad agency.  AKQA will operate as an independent and standalone brand within WPP Group.  AKQA had assets totaling $282 million at the end of 2011, and projects revenues of $230 million for 2012. It employs 1,160 people across offices in San Francisco, New York, Washington DC, London, Paris, Amsterdam, Berlin and Shanghai.

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Tax Alert >> IRS Announces Voluntary Settlement Program On Worker Classifications  - Alert -  09/27/2011

The Internal Revenue Service has announced a new Voluntary Classification Settlement Program (VCSP). The program provides partial relief from federal employment taxes for eligible employers that agree to prospectively treat workers (or a class of workers) as employees (as opposed to independent contractors) for employment tax purposes.

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Tax Alert >> New York State Amazon Law Upheld on Appeal - Alert -  11/17/2010

Among the many reasons that consumers enjoy shopping for goods on the Internet is the fact that many purchases are made without the need for the consumer to pay, and the merchant to collect, sales taxes.  While this makes consumers and online merchants happy, it frustrates states facing budget crunches and infuriates off-line merchants who resent an advantage that they see as unfair.  Numerous states have attempted to address this issue by passing new laws or clarifying the applicability of existing laws to the Internet.

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Tax Alert >> New York State Supreme Court Upholds Constitutionality of New York State Sales Tax Statute - Alert -  01/28/2009

Last year online merchants received unwelcome news from the State of New York. New York State revised its sales tax laws to require out-of-state merchants, such as Amazon.com, who sell products online to New York residents, to start collecting sales tax if the merchant’s in-state independent agents and/or affiliates engaged in certain solicitation activities for a commission or other consideration.



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