58 Matching Results

Search Results

Coal Excise Tax Refunds: United States v. Clintwood Elkhorn Mining Co.

Description: In 1998, a U.S. district court held that the imposition of the coal excise tax, or black lung excise tax, on coal destined for export was unconstitutional. The process of refunding the tax has been controversial. This is because some coal producers and exporters have attempted to bypass the limitations in the Internal Revenue Code's refund scheme for bringing suit under the Export Clause in the Court of Federal Claims, seeking damages from the United States in the amount of coal excise taxes paid. The Federal Circuit Court of Appeals held the court had jurisdiction under the Tucker Act to hear the suits and allowed them as an alternative to the Code's refund process. However, in a 2008 decision, United States v. Clintwood Elkhorn Mining Co., the Supreme Court unanimously held that taxpayers must comply with the Code's administrative refund process before bringing suit. Meanwhile, H.R. 1762 and S. 373 would provide an alternative method for taxpayers to receive coal excise tax refunds.
Date: May 16, 2008
Creator: Lunder, Erika
Partner: UNT Libraries Government Documents Department

Taxation of Internet Sales and Access: Legal Issues

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.
Date: December 1, 2014
Creator: Lunder, Erika K.
Partner: UNT Libraries Government Documents Department

Cash Balance Pension Plans: Selected Legal Issues

Description: Over the past few years, cash balance pension plans have received significant attention. In particular, three issues have been controversial: the negative effect of a plan conversion on older employees due to wear-away, the whipsaw effect that may occur when computing a lump-sum payment of benefits prior to normal retirement age, and the claim that these plans violate federal laws prohibiting age discrimination. This report discusses the wear-away and whipsaw issues, a proposal by the Treasury Department that addresses them, and relevant legislation introduced in the 109th Congress (H.R. 2830 and S. 1304).
Date: July 29, 2005
Creator: Lunder, Erika & Staman, Jennifer
Partner: UNT Libraries Government Documents Department

Corporate Inversions: Frequently Asked Legal Questions

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.
Date: September 7, 2016
Creator: Lunder, Erika K.
Partner: UNT Libraries Government Documents Department

Federal Taxation of Aliens Working in the United States

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.
Date: May 18, 2012
Creator: Lunder, Erika K.
Partner: UNT Libraries Government Documents Department

Tax-Exempt Section 501(c)(3) Hospitals: Community Benefit Standard and Schedule H

Description: This report examines the standards 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 the new Schedule H. It ends with a brief discussion of H.R. 973 (110th Congress) and H.R. 6420 (109th Congress).
Date: July 31, 2008
Creator: Lunder, Erika & Liu, Edward C.
Partner: UNT Libraries Government Documents Department

527 Organizations and Campaign Activity: Timing of Reporting Requirements under Tax and Campaign Finance Laws

Description: This report compares the timing of election activity reporting requirements under the Internal Revenue Code (IRC) and Federal Election Campaign Act (FECA), and discusses H.R. 1204, which would amend the timing of the IRC’s reporting requirements.
Date: July 25, 2008
Creator: Lunder, Erika & Whitaker, L. Paige
Partner: UNT Libraries Government Documents Department

Internet Sales and State Taxes: Policy Issues

Description: This report discusses Internet sales, which do not always include sales and use tax. Customers who do not pay sales or use tax to the vendor are typically required to remit the tax to their home state.
Date: December 1, 2016
Creator: Lowry, Sean & Lunder, Erika K.
Partner: UNT Libraries Government Documents Department

527 Political Organizations: Legislation in the 109th Congress

Description: The 109th Congress is examining the role of groups organized under section 527 of the Internal Revenue Code (IRC) that are involved in federal elections but are not operating under the requirements and restrictions of federal election law. Although such groups only recently emerged into public awareness, in 2004, they were widely seen as major players in the presidential election, with more than $400 million spent seeking to influence the outcome. Strictly speaking, the term “527” refers to a section of the Internal Revenue Code, which was added in 1975 to provide tax-exempt status to federal, state, and local political organizations, as defined in that statute. The controversy over these 527 groups arises from two factors: the different definitions used in federal election law and tax law as to what constitutes election-related activity and, further, the lack of certainty as to what election law itself regulates or may permissibly regulate. This report discusses these groups in detail, as well as related legislation.
Date: March 31, 2006
Creator: Cantor, Joseph E. & Lunder, Erika
Partner: UNT Libraries Government Documents Department

Campaign Activity by Churches: Legal Analysis of Houses of Worship Free Speech Restoration Act

Description: Under current law, churches and other IRC § 501(c)(3) tax-exempt organizations are prohibited from engaging in such activity and risk losing their tax-exempt status if they do. While this outcome is rare, it is possible. This report provides an overview of the current tax and campaign finance law relevant to this legislation, a discussion of how each bill would amend current law, and a chart that compares the bills.
Date: June 14, 2005
Creator: Lunder, Erika & Whitaker, L. Paige
Partner: UNT Libraries Government Documents Department

Treatment of Noncitizens Under the Affordable Care Act

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.
Date: May 21, 2014
Creator: Siskin, Alison & Lunder, Erika K.
Partner: UNT Libraries Government Documents Department