The federal income tax has changed radically since its inception in 1861 during the Civil War. The tax rate was a flat 3 percent on income over $800, later repealed in 1872; then, the 16th Amendment took effect on February 25, 1913, which established Congress’ right to impose a federal income tax, which is still in effect today. Ironically, the Titanic sank not even a year prior, on April 15, 1912. Even though the first tax return under the 16th Amendment was due March 1, I have always believed that the Titanic sinking on the ultimate IRS deadline may have foreshadowed how many taxpayers feel about this recognizable date each year. Looking back over the last hundred years of the Accounting Profession in Kentucky, we want to highlight a few interesting facts in federal tax history, starting with the 1924–1949 era, compared to where we are now.
So, your company or client got audited by the Kentucky Department of Revenue (DOR), and it will not be a no-change audit. Instead, the DOR has informed the taxpayer that they will receive an assessment. What do you do?
The KyCPA publishes an annual outline of legislative priorities. For 2024, the issues are: Guiding principles of sound tax policy Accounting pipeline Tax simplification Some federal priorities, including: Fiscal state of the nation Federatl tax extension "safe harbor" Beneficial Ownership Information (BOI) reporting
Tax simplification would make life easier for some, but history paints an unlikely outlook for this sentiment. Temporary tax law changes passed at the end of 2017 as part of the Tax Cuts and Jobs Act (TCJA) are no exception. Several temporary tax laws will expire on December 31, 2025, including all the individual changes and the estate tax exemption. But with an election year next year in 2024, their fate is anyone’s guess. We cannot predict what will happen with certainty, but a few bills out in the legislature that may provide hints about what Congress is focusing on in the near term.
There were many big state tax issues for 2023. This article looks at the following: Alternative apportinment PTET entities Remote workers PL 86-272 Unequal and non-uniform property tax assessments
In March 2023, the IRS added aggressive promoters making offers for ERC claims that are too good to be true to the IRS’s “Dirty Dozen” list. Then the IRS put a moratorium, effective September 14, 2023, on processing new claims for Employee Retention Credit through the end of 2023 to give it time to add more safeguards to prevent future abuse and to protect businesses from predatory tactics. The IRS also announced that it is working with the Justice Department to pursue fraud fueled by aggressive marketing. Does this mean that companies should not submit ERC claims? No, but the company making the claim must assume that the IRS will examine it and prepare to prove their claim.
Louisville, Kentucky, is known for many landmarks and distinctions, namely the Kentucky Derby. Natives of the area are proud of the notoriety and the international spotlight; for two minutes in early May, practically the entire world has their eyes on Churchill Downs to witness which horse wins the Run for the Roses. Seventy miles east of Louisville in Lexington, you will find yourself in “The Horse Capital of the World.” In Lexington, Keeneland attracts the masses for several weeks during the spring and fall meet. There is no denying that the state of Kentucky holds its own in the horse industry. Kentucky CPAs have little choice when it comes to understanding tax laws that affect many of their equine-owning clients. Fall is here, and horses are running again, let’s visit a few federal tax laws common to clients who dabble in or make their living racing horses.
The Kentucky Department of Revenue (KYDOR) frequently sends out notices to taxpayers that they owe additional taxes because a particular expense or itemized deduction has been disallowed, for example. This is a frustrating practice for tax professionals and taxpayers alike for many reasons; mainly because it is often more cost effective for our clients to pay the tax than pay our fees to protest or respond to these notices. It is the reality we all know and live by, as does the KYDOR.
Kentucky’s sales tax is not just a sales tax on tangible personal property. Beginning in 2018 and most recently in 2022, Kentucky has expanded its sales tax to more and more services. Do developments in the 2023 legislative session portend a slowdown or a pull back?
H.B. 8 recently passed in the state legislature and it has big implications, especially for software. What is the big issue with prewritten computer software now? It is prewritten computer software access services, which is one of the services made subject to sales tax by 2022 H.B. 8. Notably, unlike downloaded prewritten computer software which is taxed as tangible personal property, prewritten computer software access services are taxed as services. KRS 139.200(2)(ay).
