Businesses with dubious ERC claims have another chance with the IRS

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The IRS will reopen its voluntary disclosure program (VDP), allowing businesses to correct questionable employee retention credit (ERC) claims at a discount (Announcement 2024-30). The revised VDP, which will end Nov. 22, allows businesses to repay improper ERC credit amounts, less a 15% discount, and allows them to avoid future audits, penalties, and interest, the IRS said Thursday in a news release. The terms are not as favorable as the first VDP, which included a 20% discount. That VDP, which ended in March, resulted in over 2,600 applications from ERC recipients with disclosures totaling $1.09 billion in credits. The IRS will not...

21 August

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Foreign investors demand tax indemnities for startup investments

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Foreign private equity and venture capital funds are increasingly demanding indemnification from Indian startups against tax-related regulatory risks following a slew of direct and indirect tax notices to them, legal experts said. The indemnity clauses are aimed at protecting investors from the fallout of tax demands on startups by requiring startups to compensate investors for revenue losses because of unanticipated tax notices, the experts said. Until recently, investment contracts carried a general indemnity clause that applied to any unanticipated development in the company, but now PEs and VCs are insisting on tax-related indemnity, the experts said. “Tax indemnity provisions are becoming increasingly comprehensive,...

21 August

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Kamala Harris proposes raising corporate tax rate to 28%

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WASHINGTON (Reuters) -U.S. Vice President Kamala Harris is proposing to increase the corporate tax rate to 28% from 21% if she wins a November election against Republican rival Donald Trump, her campaign said on Monday. Harris campaign spokesperson James Singer said the move would be part of "a fiscally responsible way to put money back in the pockets of working people and ensure billionaires and big corporations pay their fair share." When Trump was president, he slashed the corporate tax rate to 21% from 35% and implemented other tax breaks that are set to expire next year. Trump has vowed to make...