Posts from September 2015.

Beginning in 2018, certain employers will be liable for a new 40% federal excise tax on the value of excessive benefits provided through their health plans.  Health plans providing high cost benefits are referred to as "Cadillac" plans, and the new federal excise tax on high cost plans has come to be known as the "Cadillac tax".

  1. Background.

The Cadillac tax (found in Section 4980I of the Internal Revenue Code - the "Code") was adopted as part of the 2010 Patient Protection and Affordable Care Act.  The Cadillac tax is intended to provide employers with an incentive to restrain the growth of ...

Individuals and businesses seeking to sell trade or investment property may have taxable capital gains or other income from the sale. Section 1031 of the Internal Revenue Code provides an opportunity to instead exchange this property for other property of a "like kind", and to defer, postpone, or even exclude altogether (at death) this tax.

Like all tax rules, Section 1031 contains important definitions and terms, which must be considered in understanding how this tax mechanism works.

3 Property Rule - An Exchangor may identify as Replacement Property like-kind property of any ...

South Carolina offers a statutory incentive to new and expanding businesses that create jobs in our state. The Job Tax Credit ("JTC"), codified in S.C. Code Ann. § 12-6-3360, permits certain businesses to reduce their corporate income tax liability annually by a maximum of 50%. Any unused credit may be carried forward for up to 15 years. There are three types of JTCs: (1) the "traditional" annual job tax credit, (2) the "annual" small business job tax credit, and (3) the "accelerated" small business job tax credit. This blog will address the "traditional" JTC only.

To qualify for JTC, a ...

South Carolina offers a broad range of tax and financial incentives to encourage new and existing businesses to open or expand operations in the state. This is the first in a series of blogs which will review these lucrative incentives and how they function. This blog address the players in economic development in South Carolina, from the Department of Commerce to the county economic development alliances.

  1. Department of Commerce

The South Carolina Department of Commerce ("DOC") is overseen by Secretary of Commerce Bobby Hitt, who was appointed by Governor Nikki Haley. DOC is the ...

South Carolina offers many tax credits that can be used to reduce or even eliminate state income taxes and license fees.  Examples of these tax credits include the new jobs credit, infrastructure credit, corporate headquarters credit, abandoned buildings credit, biomass resource credit, research credit, community development credit, venture capital credit, historic rehabilitation credit, and conservation easement credit (and many others).

A taxpayer will sometimes seek to claim more than one state tax credit at the same time, which raises the question of how the tax credits ...

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