On April 16, Senate Republicans blocked current consideration of the "Buffett Rule," a proposal that, if enacted, would have imposed a minimum tax rate of 30 percent on anyone with an adjusted gross income of more than a million dollars, no matter the source of that income. The legislation is based on a principle that individuals who earn more than $1 million should never pay a lower effective tax rate than middle-income households.
The bill, officially titled "Paying a Fair Share Act of 2012," required a minimum of 60 votes in the Senate in order for consideration to proceed. The bill had been given little chance of passage by both Senate Republicans and Democrats but was a key component of President Obama's economic growth and deficit-cutting initiatives that he presented to Congress and touted as having the potential to generate $46.7 billion in the period 2012-2022. Although halted for now, the Buffett Rule may be resurrected in the coming months, as it represents the common themes of deficit reduction and tax equality that are expected to be key issues for Democrats in the upcoming presidential election.
Day Pitney Trusts and Estates Attorneys Andrew M. Nerney and Grant W. Silvester authored the article, "U.S. Appeals Court: Deathbed Checks Are Includible in Decedent's Estate," for WealthManagement.com, which discusses a recent ruling by the U.S. Court of Appeals in the Third Circuit on deathbed gifting.
Day Pitney Private Client Department Senior Associate Claire N. Carrabba authored the article, "The Tax-Saving Potential of Gifts and Sales to Family Trusts," for WealthManagement.com.
Day Pitney Multistate Tax Practice Chair Scott Clark authored the article, "Changing Domicile For Tax Purposes Is Beneficial If Done Correctly," for Family Wealth Report.
Day Pitney Press Release
In May 2023, Day Pitney represented a state pension fund in connection with a $1 billion investment in an open-ended "fund of one" formed by an asset management company focused on acquiring below investment-grade broadly syndicated loans through an intermediate bankruptcy remote holding company.
Day Pitney Multistate Tax Practice Chair Scott Brian Clark was recently appointed to Bloomberg Tax's State Tax Advisory Board.
In February 2023, Day Pitney represented a Singapore-based investment management firm in connection with the formation of an ERISA “hardwired” master-feeder fund structure focused on investing primarily in the Australian resources sector using a long/short investment approach.
In April 2022, Day Pitney represented a Singapore-based investment management firm in connection with the formation of an ERISA "hardwired" master-feeder fund structure focused on investing primarily in Asian healthcare companies.
Day Pitney Multistate Tax Practice Chair Scott Clark has joined the Harness Tax Advisory Council (HTAC) as a HTAC Member.
In December 2022, Day Pitney represented a state pension fund in connection with a $500 million investment in a closed-end "fund of one" formed by an asset management company focused on direct private credit opportunities in the form of senior, mezzanine and opportunistic loans to lower middle market companies.