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Taxation of Internet Sales and Access: Legal Issues

Taxation of Internet Sales and Access: Legal Issues

Date: December 1, 2014
Creator: Lunder, Erika K.
Description: This report first looks at the Constitution's requirement of nexus, including an examination of whether recent state laws comply with the nexus standard and federal legislation that would affect the standard. It then looks at the scope of the Internet Tax Freedom Act (ITFA) moratorium on multiple or discriminatory taxes on electronic commerce and taxes on Internet access.
Contributing Partner: UNT Libraries Government Documents Department
Federal Taxation of Aliens Working in the United States

Federal Taxation of Aliens Working in the United States

Date: May 18, 2012
Creator: Lunder, Erika K.
Description: This report outlines issues regarding the taxation of aliens since several pieces of current legislation have been introduced that would impose restrictions for claiming child tax credits or for claiming credits and refunds. The report includes an overview of immigration status, resident or nonresident aliens, taxation of income for various classifications, and Social Security and medicare taxes.
Contributing Partner: UNT Libraries Government Documents Department
501(c)(3) Organizations: What Qualifies as "Educational"?

501(c)(3) Organizations: What Qualifies as "Educational"?

Date: August 21, 2012
Creator: Lunder, Erika K.
Description: Report that discusses the legal definition of the term "educational," as well as the constitutional implications of that definition.
Contributing Partner: UNT Libraries Government Documents Department
Political Ads: Issue Advocacy or Campaign Activity Under the Tax Code?

Political Ads: Issue Advocacy or Campaign Activity Under the Tax Code?

Date: August 29, 2012
Creator: Lunder, Erika K.
Description: Some tax-exempt organizations are legally allowed to engage in political campaign activity, and some are not. This report discusses which organization are/are not allowed to do so, and how they determine whether something is campaign activity.
Contributing Partner: UNT Libraries Government Documents Department
Corporate Inversions: Frequently Asked Legal Questions

Corporate Inversions: Frequently Asked Legal Questions

Date: September 7, 2016
Creator: Lunder, Erika K.
Description: This report answers frequently-asked legal questions about corporate inversions. It answers questions relating to the scope and operation of Section 7874, including how key statutory terms have been interpreted by the Internal Revenue Service (IRS). It discusses important Department of Treasury regulations that were finalized in 2015 and 2016, and answers questions about the IRS's authority to issue these regulations. Other questions that are answered relate to legislation introduced in the 114th Congress, the interaction of Section 7874 with tax treaties, and the imposition of an excise tax on corporate insiders who benefit from an inversion.
Contributing Partner: UNT Libraries Government Documents Department
Treatment of Noncitizens Under the Affordable Care Act

Treatment of Noncitizens Under the Affordable Care Act

Date: May 21, 2014
Creator: Siskin, Alison & Lunder, Erika K.
Description: This report provides information regarding the treatment of noncitizens under the Patient Protection and Affordable Care Act (ACA) including definitions of "lawfully present," the health insurance mandate, exchanges, and ACA changes to Medicaid. It also discusses the verification of alien status under the ACA and related legislation in the 113th Congress.
Contributing Partner: UNT Libraries Government Documents Department
Treatment of Noncitizens in H.R. 3200

Treatment of Noncitizens in H.R. 3200

Date: August 26, 2009
Creator: Siskin, Alison & Lunder, Erika K.
Description: This report outlines the treatment of noncitizens under H.R. 3200, America's Affordable Health Choices Act of 2009. The report analyzes specific provisions in H.R. 3200, and whether there are eligibility requirements for noncitizens in the selected provisions.
Contributing Partner: UNT Libraries Government Documents Department
Treatment of Noncitizens in H.R. 3200

Treatment of Noncitizens in H.R. 3200

Date: August 25, 2009
Creator: Siskin, Alison & Lunder, Erika K.
Description: This report outlines the treatment of noncitizens under H.R. 3200, America's Affordable Health Choices Act of 2009. The report analyzes specific provisions in H.R. 3200, and whether there are eligibility requirements for noncitizens in the selected provisions.
Contributing Partner: UNT Libraries Government Documents Department
NFIB v. Sebelius: Constitutionality of the Individual Mandate

NFIB v. Sebelius: Constitutionality of the Individual Mandate

Date: September 3, 2012
Creator: Lunder, Erika K. & Staman, Jennifer
Description: Report that provides an overview of the Court's holding with respect to the individual mandate of the Patient Protection and Affordable Care Act (ACA) under the Commerce Clause and the Taxing Power. It also addresses possible implications of the decision on existing federal law and future legislation.
Contributing Partner: UNT Libraries Government Documents Department
Recognition of Same-Sex Marriage: Implications for Religious Objections

Recognition of Same-Sex Marriage: Implications for Religious Objections

Date: October 23, 2015
Creator: Brown, Cynthia & Lunder, Erika K.
Description: The U.S. Supreme Court's highly anticipated decision in Obergefell v. Hodges recognized federal constitutional protection for same-sex marriage. This report will analyze a range of legal issues for which Obergefell has implications.
Contributing Partner: UNT Libraries Government Documents Department
Reporting Foreign Financial Assets Under Titles 26 and 31: FATCA and FBAR

Reporting Foreign Financial Assets Under Titles 26 and 31: FATCA and FBAR

Date: March 27, 2014
Creator: Lunder, Erika K. & Pettit, Carol A.
Description: This report outlines the U.S. reporting requirements for foreign assets and accounts under the Foreign Account Tax Compliance Act (FATCA) along with the reporting requirements of the Foreign Bank Account Reporting (FBAR) under the Bank Secrecy Act. It also addresses the requirements imposed on foreign financial institutions and the agreements the United States has with other countries to cooperate in information reporting.
Contributing Partner: UNT Libraries Government Documents Department
"Amazon Laws" and Taxation of Internet Sales: Constitutional Analysis

"Amazon Laws" and Taxation of Internet Sales: Constitutional Analysis

Date: November 28, 2014
Creator: Lunder, Erika K. & Pettit, Carol A.
Description: As more purchases are made over the Internet, states are looking for new ways to collect taxes on online sales. There is a common misperception that the U.S. Constitution prohibits states from taxing Internet sales. This report discusses "Amazon laws", which try to capture uncollected taxes on Internet sales and yet still comply with the Constitution's requirements.
Contributing Partner: UNT Libraries Government Documents Department
"Amazon Laws" and Taxation of Internet Sales: Constitutional Analysis

"Amazon Laws" and Taxation of Internet Sales: Constitutional Analysis

Date: April 3, 2013
Creator: Lunder, Erika K. & Pettit, Carol A.
Description: This report focuses on the ways in which the states' efforts to impose requirements on out-of-state retailers are limited by the Constitution. The report discusses recent state legislation as well as legislation introduced in the two most recent Congresses.
Contributing Partner: UNT Libraries Government Documents Department
501(c)(4)s and Campaign Activity: Analysis Under Tax and Campaign Finance Laws

501(c)(4)s and Campaign Activity: Analysis Under Tax and Campaign Finance Laws

Date: May 17, 2013
Creator: Lunder, Erika K. & Whitaker, L. P.
Description: This report discusses 501(c)(4) social welfare organizations, including the requirements necessary to maintain 501(c)(4) status and the requirements for annual reporting to the Internal Revenue Service and Federal Election Commission.
Contributing Partner: UNT Libraries Government Documents Department
Contracting with Inverted Domestic Corporations: Answers to Frequently Asked Questions

Contracting with Inverted Domestic Corporations: Answers to Frequently Asked Questions

Date: February 6, 2015
Creator: Manuel, Kate M. & Lunder, Erika K.
Description: This report provides the answers to 14 frequently asked questions regarding the current restrictions on contracting with inverted domestic corporations; certain amendments thereto proposed, but not enacted, in the 113th Congress; and the relationship between the prohibitions upon contracting with inverted domestic corporations and other provisions of law that restrict dealings with "foreign" contractors.
Contributing Partner: UNT Libraries Government Documents Department
Constitutionality of Excluding Aliens from the Census for Apportionment and Redistricting Purposes

Constitutionality of Excluding Aliens from the Census for Apportionment and Redistricting Purposes

Date: January 20, 2010
Creator: Lee, Margaret Mikyung & Lunder, Erika K.
Description: This report provides an overview of the 2010 decennial census, and the Census Bureau that will attempt to count the total population of the United States. It discusses the possibility by some that have suggested excluding aliens, particularly those who are in the country unlawfully, from the census count, in part so that they would not be included in the data used to apportion House seats among the states and determine voting districts within them.
Contributing Partner: UNT Libraries Government Documents Department
501(c)(3) Hospitals and the Community Benefit Standard

501(c)(3) Hospitals and the Community Benefit Standard

Date: November 10, 2009
Creator: Lunder, Erika K. & Liu, Edward C.
Description: This report examines the standard under which hospitals qualify for tax-exempt charitable status under federal law, recent inquiries made by Congress and the IRS into whether hospitals are conducting sufficient activities to justify their exemption, and section 6007 of S. 1796.
Contributing Partner: UNT Libraries Government Documents Department
Federal Contracting and Subcontracting with Small Businesses: Issues in the 112th Congress

Federal Contracting and Subcontracting with Small Businesses: Issues in the 112th Congress

Date: March 7, 2012
Creator: Manuel, Kate M. & Lunder, Erika K.
Description: Congress has generally broad authority to impose requirements upon the federal procurement process, or the process whereby agencies obtain goods and services from the private sector. One of the many ways in which Congress has exercised this authority is by enacting measures intended to promote contracting and subcontracting with "small businesses" by federal agencies. This report describes and analyzes measures that Members of the 112th Congress have enacted or proposed in response to particular issues pertaining to small business contracting and subcontracting.
Contributing Partner: UNT Libraries Government Documents Department
Government Procurement in Times of Fiscal Uncertainty

Government Procurement in Times of Fiscal Uncertainty

Date: April 6, 2012
Creator: Manuel, Kate M. & Lunder, Erika K.
Description: When confronted with actual or potential funding gaps, funding shortfalls, or budget cuts, the federal government has a number of options as to prospective and existing procurement contracts. Many of these options arise from contract law and, in particular, certain standard clauses included in federal procurement contracts. Among other things, these clauses allow the government to (1) unilaterally change certain terms of the contract, such as the specifications or the method and manner of performing the work; (2) delay, suspend, or "stop work" on the contract; and (3) terminate the contract for the government's convenience. However, courts have also found that the government has certain rights because it is the government, regardless of whether the contract provides for these rights. Such rights are commonly described as "inherent rights," and include the right to terminate the contract for convenience and, according to one tribunal, the right to suspend work.
Contributing Partner: UNT Libraries Government Documents Department
Legal Authorities Governing Federal Contracting and Subcontracting with Small Businesses

Legal Authorities Governing Federal Contracting and Subcontracting with Small Businesses

Date: March 7, 2012
Creator: Manuel, Kate M. & Lunder, Erika K.
Description: Congress has generally broad authority to impose requirements upon the federal procurement process, or the process whereby agencies obtain goods and services from the private sector. One of the many ways in which Congress has exercised this authority is by enacting measures intended to promote contracting and subcontracting with "small businesses" by federal agencies.
Contributing Partner: UNT Libraries Government Documents Department
“Amazon” Laws and Taxation of Internet Sales: Constitutional Analysis

“Amazon” Laws and Taxation of Internet Sales: Constitutional Analysis

Date: July 26, 2012
Creator: Lunder, Erika K. & Luckey, John R.
Description: This report covers ways in which states are attempting to capture taxes on Internet sales. Two basic approaches include imposing tax collection responsibilities on the retailer, and requiring remote sellers to provide tax information to the state and/or it's customers. This report covers the legality of both options.
Contributing Partner: UNT Libraries Government Documents Department
501(c)(4)s and the Gift Tax: Legal Analysis

501(c)(4)s and the Gift Tax: Legal Analysis

Date: August 10, 2012
Creator: Luckey, John R. & Lunder, Erika K.
Description: This report discusses whether substantial donations to tax-exempt 501(c)(4) organizations are subject to the federal gift tax.
Contributing Partner: UNT Libraries Government Documents Department
Contracting with Inverted Domestic Corporations: Answers to Frequently Asked Questions

Contracting with Inverted Domestic Corporations: Answers to Frequently Asked Questions

Date: May 11, 2015
Creator: Manuel, Kate M. & Lunder, Erika K.
Description: Recent reports that certain entities continued to receive federal government contracts after reincorporating overseas have prompted questions about current and proposed restrictions on contracting with “inverted domestic corporations.” These questions are shaped, in part, by the broader debate over whether such corporations are to be seen as “deserters,” who change their corporate citizenship to avoid paying U.S. taxes, or as evidencing systemic problems in the U.S. tax code. This report provides the answers to 14 frequently asked questions regarding the current restrictions on contracting with inverted domestic corporations, proposed amendments thereto, and the relationship between prohibitions upon contracting with inverted domestic corporations and other provisions of law that restrict dealings with “foreign” contractors.
Contributing Partner: UNT Libraries Government Documents Department
Legal Authorities Governing Federal Contracting and Subcontracting with Small Businesses

Legal Authorities Governing Federal Contracting and Subcontracting with Small Businesses

Date: February 23, 2015
Creator: Manuel, Kate M. & Lunder, Erika K.
Description: This report provides an overview of the various legal authorities governing small business contracting and subcontracting, as well as the relationship between them. It also explains the roles of the Small Business Administration (SBA), procuring activities, Office of Hearings and Appeals (OHA), Government Accountability Office (GAO), and other tribunals in implementing and construing the law governing federal contracting and subcontracting with small businesses.
Contributing Partner: UNT Libraries Government Documents Department
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