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Inflation Reduction Act
Application of Partnership Audit Rules to Private Funds
On November 2, 2015, President Obama signed into law the Bipartisan Budget Act of 2015, which included a new federal audit regime for partnerships and entities classified as partnerships for federal income tax purposes (the New Rules). Under the New...
EU Data Privacy Law Countdown – Who's Ready?
On May 25, 2018, the European Union’s data privacy regime is getting an upgrade (the General Data Protection Regulation, or GDPR) to improve individual protections. It will also, however, raise various new operations concerns. The organizations that plan ahead for...
SEC Charges Texas-Based Municipal Advisor with Fraud and Breach of Fiduciary Duty
On May 9, 2018, the U.S. Securities and Exchange Commission ("SEC") announced it charged a registered municipal advisor (the "MA Firm") and its owner (the "MA Owner") with defrauding their client, a Texas school district, in connection with multiple municipal...
IRS Provides Issuers Of Tax-Advantaged Debt with New "DIY" Tools to Fix Nonqualified Use
On April 11, 2018, the IRS released Revenue Procedure 2018-26 (“Rev. Proc. 2018-26”), which provides an expansion of the remedial actions available to issuers of tax-advantaged bonds. Specifically Rev. Proc. 2018-26 provides: Additional options for issuers seeking to remediate private...
Treasury and IRS Issue Guidance Concerning Carried Interests Held Through S-Corporations
On March 1, 2018, the Treasury Department and the IRS issued an advanced version of Notice 2018-18, stating that forthcoming Treasury regulations would provide that applicable partnership interests, commonly referred to as carried interests, held by S-corporations will be subject...
SEC Charges Additional Municipal Official With Securities Fraud In Connection With Oyster Bay Loan Guarantee Scheme
On March 1, 2018, the U.S. Securities and Exchange Commission (“SEC”) filed a complaint in U.S. District Court for the Eastern District of New York (“Court”) charging Leonard Genova, town attorney and deputy supervisor for the Town of Oyster Bay...
Recent Developments in the Private Funds Industry
1. SEC's OCIE Announces 2018 Examination Priorities 2. Tax Reform: Impact on Funds 3. New DOJ Approach to Remote Data Storage — Go Get It!
Mixed Messages on PABs: Fit for the Chopping Block or Cornerstone of Infrastructure Finance?
Only a few months ago, the public finance industry was shaken when the U.S. House of Representatives proposed to eliminate tax-exempt private activity bonds (“PABs”), despite previous assurances that tax reform would not touch tax-exempt bonds. Although the final Tax...
MSRB Comment Request on Draft FAQs Regarding Rule G-42 and Making Recommendations
On February 15, 2018, the Municipal Securities Rulemaking Board (“MSRB”) published Notice 2018-03 , requesting comment on draft frequently asked questions and proposed responses (“FAQs”). The draft FAQs address duties of non-solicitor municipal advisors related to providing “advice” and “recommendations”...
SEC's Office of Compliance Inspections and Examinations 2018 Examination Priorities
On February 7, 2018, the Office of Compliance Inspections and Examinations (“OCIE”) of the U.S. Securities and Exchange Commission (“SEC”) published its 2018 examination priorities . OCIE’s examination priorities are described in five categories: (1) matters of importance to retail...
The Tax Cuts and Job Acts: Its Impact on the Energy Industry Webinar
Learn about the TCJA provisions that are most relevant to the energy industry, as well as how the reform affects business taxes, financing transactions and renewable energy credits.
Municipal Advisor Firm and Principal Charged with Fraudulent Practices and Breach of Fiduciary Duty as SEC Continues Enforcement Focus
The SEC charged registered municipal advisor Malachi Financial Products, Inc. and its principal Porter B. Bingham with violations of Sections 15B(a)(5) and 15B(c)(1) of the Securities Exchange Act of 1934 (“Exchange Act”) and Municipal Securities Rulemaking Board (“MSRB”) Rule G-17...
The Tax Reform Roller Coaster Ends – Summary of Provisions Affecting Public Finance
On December 22, 2017, the President signed the Tax Cuts and Jobs Act (the “Final Bill”) into law, bringing an end to the nearly two-month rollercoaster ride that had the public finance industry white-knuckled and a little green in the...
Tax Reform Preserves PABs, Axes Advance Refundings
On December 15, 2017, the conference committee on tax reform (the “Conference Committee”) released its Conference Report (the “Conference Report”) describing the agreements forged to reconcile differences between the respective tax reform bills previously passed by the House and the...
SLGS Window Closing; Tax Reform Continues to Threaten Public Finance
On December 6, 2017, the U.S. Department of the Treasury announced the suspension of sales of United States Treasury Obligations – State and Local Government Series (i.e., SLGS), effective 12:00 noon Eastern Time, Friday, December 8, 2017 . New subscriptions...