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	<title>The Keiter Stephens Accounting Blog &#187; Tax Legislation</title>
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	<description>CPAs in Richmond and Charlottesville Virginia</description>
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		<title>December Economic Outlook</title>
		<link>http://blog.kshgs.com/2010/12/10/december-economic-outlook/</link>
		<comments>http://blog.kshgs.com/2010/12/10/december-economic-outlook/#comments</comments>
		<pubDate>Fri, 10 Dec 2010 23:11:22 +0000</pubDate>
		<dc:creator>General</dc:creator>
				<category><![CDATA[Economic Outlook]]></category>
		<category><![CDATA[Tax Legislation]]></category>
		<category><![CDATA[economics]]></category>
		<category><![CDATA[equity markets]]></category>
		<category><![CDATA[stock outlook]]></category>

		<guid isPermaLink="false">http://blog.kshgs.com/?p=213</guid>
		<description><![CDATA[November turned out to be a mixed month for broad asset classes, with most of the positive news coming from domestic equity markets.]]></description>
			<content:encoded><![CDATA[<p>Author: Robert Freeman</p>
<p><!-- p.p1 {margin: 0.0px 0.0px 12.0px 0.0px; font: 12.0px Calibri} --><strong> The Month in Brief</strong></p>
<p>November turned out to be a mixed month for broad asset classes, with most of the positive news coming from domestic equity markets. A new round of worries over debt in the European Union, an artillery attack on South Korea by North Korea and concerns about tightening in China changed the mood and sent both developed and emerging foreign stock markets into negative territory for the month. On the fixed-income side, domestic returns showed small losses for the month, but global fixed-income markets fared worse. The losses for U.S investors in both foreign stocks and bonds were largely explained by a strengthening dollar.</p>
<p>Stateside, the midterm elections were an obvious bonanza for Republicans. Also, the Federal Reserve unveiled another round of monetary easing (“QE2”), creating a new round of media hysteria about inflation and the potential insolvency of a few larger states. Mortgage rates also edged up, but remained very low on a historical basis; still, home sales fell and home prices were weak. The dollar and gold both enjoyed a good month, as fear came back into fashion as primary driver of investment flows.</p>
<p><strong>Looking Back….Looking Forward</strong></p>
<p>November was the first down month for the Dow Jones Industrial Average since August, but the losses were minor for blue chip domestic stocks and positive for smaller company stocks. Losses in foreign markets were mainly currency related, as the global economy also appears to be picking up momentum and visibility. The losses in fixed income were not a surprise, as retail investors have been on a two-year buying binge that has driven prices too high and yields too low. Absent a deflationary spiral, fixed income rates have no place to go but up from current rates; translation, we expect capital losses to continue for unwary bond and bond fund investors.</p>
<p>December tends to be a bullish month for stocks. According to<em> The Stock Trader’s Almanac,</em> since 1990 the S&amp;P 500 Index has gained an average of 1.8% in December, posting monthly gains in 16 of the past 20 years. Of course that is simply past performance, and no guarantee of future results, but December has gotten off to a good start. Global markets have reacted positively to assurances from the ECB about controlling EU member debt, there has been a big rebound in pending home sales, and retail sales numbers from Black Friday weekend were encouraging. Extension of the Bush-era tax cuts (and finally settling on a reasonable estate tax system) for 2011 and beyond could give the December rally further impetus.</p>
<p>As we look into the prospects for the coming year, we remain optimistic the economic recovery will continue to gain strength, encouraging investors out of bonds and cash and into higher risk assets – basically stocks and commodities. We still believe that economic growth will be subdued in this cycle and the potential for economic policy errors and geopolitical shocks present wild cards that call for the more intensive risk management approach we have instituted with our Adaptive Risk Management process.</p>
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		<slash:comments>10</slash:comments>
		</item>
		<item>
		<title>Financial Reform Package Changes Mark-to-Market Rule</title>
		<link>http://blog.kshgs.com/2010/11/11/financial-reform-package-changes-mark-to-market-rule/</link>
		<comments>http://blog.kshgs.com/2010/11/11/financial-reform-package-changes-mark-to-market-rule/#comments</comments>
		<pubDate>Thu, 11 Nov 2010 19:56:25 +0000</pubDate>
		<dc:creator>General</dc:creator>
				<category><![CDATA[Tax Legislation]]></category>
		<category><![CDATA[Restoring American Financial Stability Act of 2010]]></category>

		<guid isPermaLink="false">http://blog.kshgs.com/?p=201</guid>
		<description><![CDATA[The “Restoring American Financial Stability Act of 2010” was signed into law on July, 21, 2010. This landmark financial reform package contained a tax provision broadening the list of contracts that are excepted from mark-to-market treatment.]]></description>
			<content:encoded><![CDATA[<p>The “Restoring American Financial Stability Act of 2010” was signed into law on July, 21, 2010. This landmark financial reform package contained a tax provision broadening the list of contracts that are excepted from mark-to-market treatment. Taxpayers must report gains and losses from regulated futures contracts and other “Section 1256 contracts” on an annual basis under the “mark-to-market” rule. The term Section 1256 contract means: regulated futures contracts, foreign currency contracts, nonequity options, dealer equity options, and dealer securities futures contracts. It does not include any securities futures contract or option on such a contract unless the contract or option is a dealer securities futures contract. Under the new law, for tax years beginning after July 21, 2010, all of the following also are excepted from the definition of a Section 1256 contract: any interest rate swap; currency swap, basis swap, interest rate cap, interest rate floor, commodity swap, equity swap, equity index swap, credit default swap, or similar agreement.</p>
<p>Source: RIA</p>
]]></content:encoded>
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		<slash:comments>7</slash:comments>
		</item>
		<item>
		<title>Legislation Ends Foreign Loopholes And Advance EITC</title>
		<link>http://blog.kshgs.com/2010/11/08/legislation-ends-foreign-loopholes-and-advance-eitc/</link>
		<comments>http://blog.kshgs.com/2010/11/08/legislation-ends-foreign-loopholes-and-advance-eitc/#comments</comments>
		<pubDate>Mon, 08 Nov 2010 19:54:34 +0000</pubDate>
		<dc:creator>General</dc:creator>
				<category><![CDATA[Tax]]></category>
		<category><![CDATA[Tax Legislation]]></category>
		<category><![CDATA[Education Jobs and Medicaid Assistance Act]]></category>
		<category><![CDATA[eitc]]></category>

		<guid isPermaLink="false">http://blog.kshgs.com/?p=199</guid>
		<description><![CDATA[The Education Jobs and Medicaid Assistance Act, which was signed into law on August 10, 2010, includes provisions closing a number of foreign-tax-credit related loopholes and repealing the advanced earned income tax credit (EITC). Specifically, this legislation tightens the rules on the use of foreign tax credits that multinationals use to lower their U.S. tax [...]]]></description>
			<content:encoded><![CDATA[<p>The Education Jobs and Medicaid Assistance Act, which was signed into law on August 10, 2010, includes provisions closing a number of foreign-tax-credit related loopholes and repealing the advanced earned income tax credit (EITC). Specifically, this legislation tightens the rules on the use of foreign tax credits that multinationals use to lower their U.S. tax bill. In general, these provisions attempt to (1) make foreign tax credits (FTCs) available only when the income to which the FTCs relate is actually taxed by the U.S., (2) prevent artificial inflation of foreign source income, and (3) modify the resourcing rules to limit FTCs. Also, under the new law, starting in 2011, eligible low- and moderate-income workers who qualify for the EITC will no longer be able to elect to receive the credit in advance.</p>
<p>Source: RIA</p>
]]></content:encoded>
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		<slash:comments>14</slash:comments>
		</item>
		<item>
		<title>New Tax Legislative Update &#8211; Education Jobs and Medicaid Assistance Act</title>
		<link>http://blog.kshgs.com/2010/08/20/education-jobs-and-medicaid-assistance-ac/</link>
		<comments>http://blog.kshgs.com/2010/08/20/education-jobs-and-medicaid-assistance-ac/#comments</comments>
		<pubDate>Fri, 20 Aug 2010 21:12:19 +0000</pubDate>
		<dc:creator>General</dc:creator>
				<category><![CDATA[Tax]]></category>
		<category><![CDATA[Tax Legislation]]></category>
		<category><![CDATA[Education]]></category>
		<category><![CDATA[Medicaid Assistance Act]]></category>

		<guid isPermaLink="false">http://blog.kshgs.com/?p=151</guid>
		<description><![CDATA[On August 10, 2010, The Education Jobs and Medicaid Assistance Act was signed into law.  The Act includes several international tax reforms affecting multinational corporations.]]></description>
			<content:encoded><![CDATA[<p>On August 10, 2010, The Education Jobs and Medicaid Assistance Act was signed into law.  The Act includes several international tax reforms affecting multinational corporations. The measure provides $26 billion in aid to state and local governments, preserving public-sector jobs at a time of persistent unemployment. The law will raise $10.8 billion through changes to the tax code, according to Joint Committee on Taxation estimates. Among the offsets is a provision that prevents the splitting of creditable foreign taxes from the associated foreign income. The law also prevents businesses from claiming tax benefits when they engage in covered asset acquisitions and limits the use of section 956 for foreign tax credit (FTC) planning.</p>
<p>Other offsets in the law:</p>
<ul>
<li>Separate the application of the FTC limitation to items</li>
<li>Re-sourced under tax treaties;</li>
<li>Ensure that earnings of foreign subsidiaries of U.S. companies<br />
are subject to withholding tax when those earnings are repatriated to a<br />
foreign parent corporation as a dividend;</li>
<li>Tighten affiliation rules that seek to prevent taxpayers from<br />
excluding foreign interest expense from the FTC limitation by placing it<br />
in foreign subsidiaries;</li>
<li>Repeal the 80/20 withholding rules for dividends; and</li>
<li>Eliminate the advance earned income tax credit</li>
</ul>
]]></content:encoded>
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		<slash:comments>4</slash:comments>
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		<item>
		<title>Carried Interest Taxation</title>
		<link>http://blog.kshgs.com/2010/05/27/carried-interest-taxation/</link>
		<comments>http://blog.kshgs.com/2010/05/27/carried-interest-taxation/#comments</comments>
		<pubDate>Thu, 27 May 2010 15:35:53 +0000</pubDate>
		<dc:creator>Robert Tobey</dc:creator>
				<category><![CDATA[Business Taxation]]></category>
		<category><![CDATA[Tax Legislation]]></category>
		<category><![CDATA[small business tax]]></category>

		<guid isPermaLink="false">http://blog.kshgs.com/?p=127</guid>
		<description><![CDATA[Ways and Means Chair Sander Levin recently reinforced the likelihood of provisions passing changing the tax characteristics of carried interests from long term capital gain to ordinary income.]]></description>
			<content:encoded><![CDATA[<p>It comes as no surprise that provisions changing the tax characteristics of carried interests from long term capital gain to ordinary income will probably be passed, but Ways and Means Chair Sander Levin reinforced the possibility yesterday by noting that carried interests will probably be used as an offset in the extenders bill we expect to be deliberated in the next two weeks. Levin also noted that he expects the carried interest provisions to be expanded to include interests in all industries (most notably gas/oil and real estate) and not just financial management firms.  Timing about the introduction of the new extenders bill is still sketchy, and as the articles appended below show there is still some uncertainty about when the bill will be introduced. But we should probably expect it to be deliberated by the Memorial Day recess. The excerpt below details Levin’s expectations of this legislation.</p>
<p><strong>Levin Expects Phased-In Carried Interest Change to Be Key Offset for Extenders</strong></p>
<p>House Ways and Means Committee Chairman Sander Levin (D-Mich.) said May 11 that he expects a phased-in change to the tax treatment of carried interest to be a main offset for the tax extenders legislation moving toward the House floor.</p>
<p>Levin said the exact details of the carried interest provision are still being worked out, but the legislation (H.R. 4213) would not include any carve-outs to exempt particular industries and would ultimately match the tax rate paid on carried interest income to ordinary income tax rates.</p>
<p>The bill, which was renamed the Promoting American Jobs and Closing Tax Loopholes Act, will have a total of roughly $50 billion in fully offset tax provisions. It is expected to go to the House floor during the week of May 17, Levin said. He added that there will not be any full committee hearing or markup of the legislation because most of the provisions have already been vetted by the committee in prior bills.</p>
<p>The legislation will include a slightly scaled back version of the Build America Bonds provision originally in the small business tax bill (H.R. 4849). Levin said he and Senate Finance Committee Chairman Max Baucus (D-Mont.) opted to tailor bonds provision back because of its cost.</p>
<p>Levin also said lawmakers are still discussing whether to include a provision from the small business tax bill that would raise $7.7 billion by stopping companies from using subsidiaries to channel deductible payments through U.S. tax treaty countries before earnings are repatriated to a tax haven. Information provided by <a href="http://BNA.com">BNA.com</a> – posted May 11, 2010</p>
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		<slash:comments>4</slash:comments>
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