The IRS has clarified that contributions to a single member LLC, owned by a charity, are made to the Charity. The IRS formally recognizes the disregarded status of single member LLCs in the charitable organization context, consistent with the treatment of these single member LLC disregarded entities.
IRS Notice 2012-52.
The IRS disallowed Section 162 ordinary and necessary business deductions to a medical marijuana dispensary authorized under California state law. Under section 280E, businesses deductions are disallowed when the taxpayer is engaged in the trafficking of controlled substances. Even if legal under state law, the court disallowed the deductions because the activity is illegal under federal law, which is contemplated by Section 280E. Olive V. Commissioner, 139 TC 2, August 2, 2012.
Hurricane Isaac Relief
For certain Louisiana and Mississippi residents, the IRS has extended the 2011 tax return filing and tax payment deadline as relief from the hurricane Isaac disaster. This filing relief will include most extended corporate and individual tax returns, originally due on September 15 and October 15.
“The tax relief postpones various tax filing and payment deadlines that occurred on or after Aug. 26. As a result, affected individuals and businesses will have until Jan. 11, 2013 to file these returns and pay any taxes due. This includes corporations and businesses that previously obtained an extension until Sept. 17, 2012, to file their 2011 returns and individuals and businesses that received a similar extension until Oct. 15. It also includes the estimated tax payment for the third quarter of 2012, normally due Sept. 17.
The IRS will abate any interest, late-payment or late-filing penalty that would otherwise apply. In addition, the IRS is waiving failure-to-deposit penalties for federal employment and excise tax deposits normally due on or after Aug. 26 and before Sept. 10, if the deposits are made by Sept. 10, 2012.”
The filing relief applies to residents of the following parishes, Ascension, Assumption, Iberville, Jefferson, Lafourche, Livingston, Orleans, Plaquemines, St. Bernard, St. Charles, St. Helena, St. James, St. John the Baptist, St. Mary, St. Tammany, Tangipahoa, Terrebonne and Washington, and the following counties, Adams , Amite, Clarke, Forrest, George, Hancock, Harrison, Hinds, Jackson, Lincoln, Marion, Pearl River, Pike, Stone, Walthall, Warren and Wilkinson.
See IR-2012-70, Sept. 5, 2012
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