Tax, Accounting and Finance (CPE)

In recent years, the private fund industry has experienced massive growth which has significantly outnumbered public equities. More notably, private equity funds continue to foster and diversify into credit, leasing, real estate, and infrastructure investments among others making private equity firms enter the year with expectations of increased transaction volumes. However, as the industry maintains its upward trend, several complexities begin to emerge such as increased litigation risks and regulatory scrutiny.

The securities law landscape continues to evolve as new regulatory developments emerge. Recently, under the direction of its new Chair, the Securities and Exchange Commission’s (SEC) has been messaging the priorities of its enforcement program, including renewed focus across the agency related to climate change disclosures, cybersecurity, and financial innovation.

With the notable tax reforms that took place during the past years, the Research and Development (R&D) Tax Credit has been an effective and efficient partner for businesses to cut income tax liabilities.

Public accountants are expected to uphold their professional skills, honesty, and integrity at all times. They must adhere to the fundamental ethical principles set forth by the American Institute of Certified Public Accountants (AICPA) Code of Professional Conduct. However, a myriad of factors such as their nature of work may sometimes put them ethically at risk and become vulnerable to sanctions. Keeping themselves free from conflicts and ensuring transparent business relationships can also be challenging.

Emerging trends and developments have brought sweeping changes to the sales and use tax landscape. In recent years, economic nexus legislations, following the South Dakota vs. Wayfair decision, have continuously affected corporations from various states. Adding to the challenges are the impacts brought by COVID-19, which include cash flow and state obligation issues. In response, new rules for deferral reliefs on sales and use tax filing and payment have now been laid down.

Important regulatory changes continue to reshape the investment funds and Qualified Opportunity Zones (QOZ) programs. On January 19, 2021, the Internal Revenue Services (IRS) issued Notice 2021-10, which provides new extensions and deadlines for filing QOZ investments.

Critical and emerging issues surrounding Common Reporting Standard (CRS) continue to affect global financial institutions. More and more businesses are becoming vulnerable to financial risks and disputes because of the stiffer compliance requirements as well as the complexities brought by the COVID-19.

Emerging developments have brought sweeping changes to the regulatory landscape of Foreign Investment Risk Review Modernization Act (FIRRMA) of 2018 and Committee on Foreign Investment in the United States (CFIUS). Recently, FIRRMA extended the scope of CFIUS review on covered transactions – a move which calls for a closer watch on foreign investments, export controls, and national security. Moreover, CFIUS also released its final regulations for mandatory filing process and requirements creating additional issues and challenges for all concerned practitioners.

The COVID-19 pandemic has brought an immense economic toll on businesses across the globe. Specifically, it prompted a spike in the number of lost profit damages lawsuits as businesses seek to recover lost profits because of pandemic-related damages. However, although there are various damage calculation theories available, pandemic-related lost profit claims can be taxing and challenging. Thus, businesses and their counsel must always exercise diligence in documenting their revenues and profits. They must also be abreast of emerging regulatory developments to avoid pitfalls.

The economic downturn brought by the COVID-19 pandemic has profoundly impacted the transfer pricing landscape. Multinational enterprises (MNEs) are dealing with serious transfer prices issues, supply chain disruptions, and restructuring expenses. In response to these growing repercussions, the Organization for Economic Co-operation and Development (OECD) recently published guidance on transfer pricing policies and clarified the application of the arm’s length principle. It also underscored the compliance challenges faced by MNEs.

Calculating lost profits in a construction dispute is an important factor to prove and recover claims of lost profits damages. However, this process presents a wide array of complexity and challenge for both parties as it requires thorough and accurate analyses of evidence presented. The implementation of an appropriate calculation methodology must also be carefully considered.

With today’s major economic recession faced by businesses due to the ongoing COVID-19 crisis, the Employee Stock Ownership Plans (ESOPs) continues to be an attractive option for companies seeking to address the need for succession planning to sustain competitive advantage in the market and looking to provide their employees with an ownership interest through a retirement plan.

The global transfer pricing landscape has been in flux over the past years. Key factors driving change include intensified enforcement by tax authorities, changes to international tax rules, new case law, the impact of digitalization in the economy, and the COVID-19 crisis. With all these complexities and challenges, it is imperative for multinational enterprises (MNEs) and their counsel to be acquainted with the legal updates and governing compliance principles in this area of law to ensure sound compliance and abate potential exposure to legal risks.

Section 363 of the United States Bankruptcy Code is a significant tool for distressed companies seeking to sell their assets. It also provides potential buyers the chance to purchase assets at a bargain price and free of liens through the bankruptcy process. However, though the Section 363 sale process provides several opportunities to both debtor and creditor, the risks associated with acquiring a distressed business should always be underscored.

The rising popularity of cryptocurrency constantly brings profound transformations in payment transactions. Every day, more and more businesses turn to cryptocurrency because of its decentralized structure, efficient transaction flow, and low operation cost. However, as new regulatory frameworks arise, companies relying on cryptocurrency become prone to government crackdowns and are exposed to legal and financial hurdles.