International Financial Law Prof Blog

Editor: William Byrnes
Texas A&M University
School of Law

Thursday, June 10, 2021

TaxFacts Intelligence June 10, 2021

The Biden administration is moving full steam ahead with proposals to modify the U.S. and international tax systems. Some proposals would create a huge benefit for taxpayers–while others could leave clients on the hook for a surprise tax bill. This week, we dig a little deeper into the proposals–and outline a few surprises contained in the newly-released Green Book. Are your clients ready for what’s to come?

Prof. William H. Byrnes           Robert Bloink, J.D., LL.M.

Biden’s Latest Tax Proposals: Two Big Surprises for Tax Professionals 

More details about President Biden’s tax plan have emerged—and the latest proposal contains two major tax surprises. First, Biden’s tax plans would make any capital gains tax hike retroactive to April 28, 2020. That means clients who have engaged in tax planning strategies to avoid higher rates might wind up subject to the higher rates regardless, if this provision makes its way into the final proposal. Second, not only would the stepped-up basis rules be repealed, but taxpayers who inherit property would be required to recognize gain at the time of death—even if the individual doesn’t immediately sell the inherited property. In other words, the property could be immediately subject to both the estate tax and income or capital gains tax. Click here to get a more in-depth expert analysis of the latest tax proposals. Read More

Related Questions:

692. How is the tax basis of property acquired from a decedent determined?

G-7 Announces Support for Global Minimum Corporate Tax

Democrats have often advocated for imposition of a global minimum corporate tax rate—and the latest Biden tax plan would increase the U.S. corporate income tax rate from 21% to 28%. Over the weekend, top international finance officials in the Group of Seven (G-7) indicated broad support for a worldwide minimum corporate income tax of at least 15%. If implemented, the global minimum tax would ensure that large corporations pay a minimum tax on their earnings, regardless of where the entity is located. International support could be a critical turning point for President Biden’s corporate tax increase proposals. After all, a key criticism of increasing U.S. corporate income taxes is that it puts U.S. corporations at a global disadvantage and incentivizes techniques to shift income to lower tax jurisdictions. With a worldwide minimum tax in place, U.S. corporations would lose incentive to move their income elsewhere. Of course, it remains to be seen whether the proposals will come to fruition, and advisors should continue to monitor the evolving situation closely when advising on corporate tax issues. For more information on the U.S. corporate income tax structure, visit Tax Facts Online. Read More

Related Questions:

797. How is a corporation taxed on capital gains?

798. How was a corporation’s alternative minimum tax calculated prior to repeal by the 2017 Tax Act?

When Can an Employer Require All Employees to be Vaccinated: The Details

The EEOC recently clarified the incentive issue when it comes to employers who wish to encourage vaccination in the workplace. The guidance also addresses whether employers can strictly require employees to be vaccinated for COVID-19 before they re-enter the workplace. Generally, employers can require vaccination if vaccination is job-related and a business necessity given COVID-19 safety concerns. However, if an employee has a disability or sincerely-held religious belief that would prevent vaccination, the employer must offer reasonable accommodation—unless the accommodation requested would create an undue hardship. The employer generally cannot require those employees with medical reasons or religious objections to choose between obtaining the vaccine and returning to work unless allowing the unvaccinated employee to return to work would pose a “direct threat” to the health and safety of the workforce. For more information on the employer tax credit for vaccine-related leave, visit Tax Facts Online. Read More

Related Questions: 0101. Mandatory COVID Vaccination

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