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Detail
ArtikelAvoid Taxes in Liquidation  
Oleh: Zipp, Alan S.
Jenis: Article from Bulletin/Magazine
Dalam koleksi: Journal of Accountancy vol. 191 no. 5 (2001), page 63-70.
Topik: LIQUIDATION; avoid taxes; liquidation
Ketersediaan
  • Perpustakaan Pusat (Semanggi)
    • Nomor Panggil: JJ85.12
    • Non-tandon: 1 (dapat dipinjam: 0)
    • Tandon: tidak ada
    Lihat Detail Induk
Isi artikelLawyers advise CPA s to have employment and noncompete agreements in their accounting practices. They recommend that all employees, including those who are shareholders, promise - in writing - not to take clients with them if they leave the firm. Such agreements can protect firms, the lawyers say. But what they might not say is that employment and noncompete agreements can create serious income tax consequences when a firm or corporation is liquidated and goodwill assets such as client relationships are distributed among the shareholders. There is the possibility of some relief, however : A CPA firm and its shareholders are in a better position to avoid serious tax consequences if such agreements are not in place when the professional corporation is dissolved. The IRS asserts that distribution of "clients and customer - based intangibles” to shareholders is taxable, but the Tax Court has held that it isn’t if a noncompete agreement between the shareholder or employee and the firm does not exist. This apparent contradiction presents some questions to which there are no black - and - white answers. In the cases discussed in this article, the Tax Court did not distinguish between personal service corporations, such as CPA firms, and commercial organizations, such as an ice cream distribution company, in identifying the individual ownership of customer - based intangibles. In planning for a liquidation of their professional practice or advising clients about the liquidation of a commercial organization, CPA s will find that the problems and the solutions are likely to be the same.
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