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  August 2004
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Should credit counseling agencies be subject to new rules?

The work of helping consumers overwhelmed by their debt but who want to avoid bankruptcy has traditionally fallen to agencies that received heavy support from creditors. A new kind of consumer credit counseling agency (CCA) has arisen in recent years with a higher profile that even includes advertising on cable television and radio. These agencies focus on debt management programs that negotiate lower interest rates and accelerated payback programs for their clients, notes lawyer Barnaby W. Zall, of counsel to Weinberg & Jacobs LLP in Rockville, Maryland. The IRS has taken a close look at the tax-exempt status of these agencies and decided that they are the "bad boys" of the tax-exempt world. But Zall notes that, aside from a few high-profile bad apples, CCAs provide a service to consumers that was being left undone with the traditional credit counseling agencies that depend on funding from the largest creditors. In the Tax-Exempt Advisor, Zall argues for restraint in regulating this new consumer helper. The circumstance of CCAs could also play out on a larger stage of IRS scrutiny of tax-exempt organizations.
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States have many answers, few standards on taxation of drop shipments

 One of the most fertile grounds for state tax audit assessments of companies that do business in more than one state is the simple drop shipment. A simple business transaction, the drop shipment can become a nightmare of complexity from a sales and use tax standpoint. Many states, hungry for revenue, will hold a drop shipper responsible for taxes on items shipped into their jurisdiction even if the actual seller is not required to collect taxes on that sale. Some states require that manufacturers and distributors remit tax on the sale price of the drop shipped items—information the drop shipper may not be privy to since its customer made the actual sale and is not likely to want the manufacturer or distributor to know what it is selling items for. Into these murky waters CCH's editors for Sales & Use Tax Alert waded with noted sales tax expert Diane Yetter. Together, they created and compiled a survey of states using specific scenarios to learn what the exact policy of states would be on drop shipments. The scenarios were chosen for their real-world nature and all of the answers were reviewed by Yetter and, in some cases sent back for clarification by the states. In the August 1 issue of Sales & Use Tax Alert, CCH's editors provide an executive summary of the results of this survey, which is printed in full in the new book from CCH, Drop Shipments: Taxation, Compliance and Planning.

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Understand tax advantages in making investment decisions

While the market in recent years has many investors doubtful, stock investments are still the way most people plan to increase their wealth. That strategy has been aided by the passage of the Jobs and Growth Tax Relief Reconciliation Act last year. There are new tax treatments that make stock investments work harder to build wealth, beginning with the reduced capital gains tax rates. That is further enhanced by a similar reduced tax treatment for dividends. Investment tax expert Seth Hammer walks you through the ins and outs of tax planning for stock investments—including mutual funds, exchange traded funds, qualifying small business stocks, and other options. He looks specifically at how taxes can play into investment decisions and gives numerous clear-cut examples of how to work through the decisions that have to be made when choosing investments.

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Checklist helps with family trust planning

Estate planning often involves trying to determine how to best take care of loved ones when the client is no longer able to make those decisions for him or herself. It is an issue filled with emotion and recognition of the reality of what it will mean when the assets in question are no longer in control of the client. As Charles M. Aulino points out in CCH's Family Trust Planning Guide, those realizations don't require the client to die first. Living trusts offer some tax advantages for those who are trying to reduce both current taxes and wealth transfer taxes, but they do require giving up control of the assets moved into the trust. Beyond that are the many decisions about the term of the trust, beneficiaries, distributions, control and other issues that a trust planner will have to sort through. And, of course, an attorney will be necessary to nail down the legal provisions of the trust, which could also be linked to the clients will. In the chapter "Designing a Family Trust Fund," Aulino provides a sample checklist to help with the planning of a trust fund.
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Access last month's issue of Focus on Tax, including Master Sarbanes-Oxley standards and other practice pointers.

 
 
 
 
 
 

 

 

 

 

 

 
 

 

Spotlight Products:


Insightful explanation and analysis of the important issues and opportunities at the intersection of tax law and bankruptcy law to help practitioners resolve tax liability issues for their clients.

Understand and manage the tax implications and complications of third-party drop shipment transactions.

Practical planning insights and strategies for reducing risk and maximizing returns for investments.

Plain English guidance for creating and effectively using family trusts.

 

 

 
 
 

 

 
 
 

 

 

 


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