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Court Rules Oklahoma ObamaCare Not OK

Court Rules Oklahoma ObamaCare Not OK

The IRS ruled that for purposes of the credit it did not matter whether the exchange was run by a state or HHS. The language in the statute, however, reads that the credit applies when someone is “enrolled … through an exchange established by the State”.  Following that logic taxpayers in states with HHS exchanges do not qualify for the credit and hence there is no employer mandate.

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New York Springs Sales Tax Trap On Passive LLC Members

New York Springs Sales Tax Trap On Passive LLC Members

If the only thing you have to consider is federal income tax, entity choice can still be a fairly complicated matter.  This case shows that there are other issues that can sneak up on you that have noting to do with federal income tax.  Robert Redford was in the news not long ago about a New York state income tax issue, that probably turned on someone not being aware of how having an S corporation in the chain of ownership affected allocations.  Something tells me that when the decision was made to organize Ask 244 as an LLC rather than an S corporation, nobody was thinking about personal liability of members for sales tax.

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Over and over again courts have said that there is nothing sinister in so arranging one’s affairs as to keep taxes as low as possible. Everybody does so, rich or poor; and all do right, for nobody owes any public duty to pay more than the law demands: taxes are enforced exactions, not voluntary contributions. To demand more in the name of morals is mere cant.