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Guidance on Certain Payments Made in Exchange for State and Local Tax Credits - Taxation News

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Tax News

Posted on: Aug 2, 2018

Intro by Chad Halstead, Katz Sapper & Miller

The IRS has informed taxpayers that it intends to propose regulations addressing the federal income tax treatment of certain payments made by taxpayers to state-established "charitable funds" for which they receive a credit against their state and local taxes—essentially, a workaround adopted by a number of states to avoid the new limits on the state and local tax (SALT) deduction. In general, the IRS indicated that the characterization of these payments would be determined under the code, informed by substance-over-form principles, and not the label assigned by the state.

See the notice here.

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