Articles | Page 10 | Nauman Smith

The Paid Sick Leave Debate: Another Municipality Making an Effort

In 2015, the City of Pittsburgh passed an ordinance, which was supposed to take effect on January 1, 2016, requiring all employers to begin offering paid sick leave to their employees. Pennsylvania does not currently have a state-wide law governing paid sick leave which is why some municipalities have decided to create their own. By enacting its ordinance… Read On

New Drone Regulations: What Municipalities and You Need to Know

The increase in the sophistication and use of drones being operated by local governments and private individuals has raised issues regarding public safety and individual privacy. In October 2018, Governor Tom Wolf signed Act 78 (“Act”) limiting unmanned aircraft, more popularly known as drones, within Pennsylvania. The Act was directed to protect individuals’ privacy since the increased popularity of drones has decreased the amount of seclusion in homeowners’ backyards… Read On

Benefits of Converting a Traditional IRA to a Roth IRA

Converting a Traditional IRA[1] to a Roth IRA merely recharacterizes the nature of the IRA with some added benefits and potential drawbacks. With current income tax rates relatively low, now may be a good time to make the conversion, but there are a few items to consider before doing so. Traditional IRAs are tax deductible on the front end of contributions… Read On

Cryptocurrency is confusing. So are taxes. Now what?

It is almost tax time and individuals are trying to get their records in order to either file on their own or to give to tax preparers to calculate what they may owe to Uncle Sam. Increasingly important is how individuals should handle cryptocurrency and its taxation. The IRS is becoming gradually more aware of this electronic blockchain-based virtual form of value and with that awareness comes the expectation that individuals will comply with the applicable tax laws surrounding cryptocurrency… Read On

Top Ten Most Significant RTKL Cases in 2018

The close of 2018 saw the end of the first decade of the “new” Right-to Know Law (“RTKL”) which went into effect January 1, 2009. Just as in 2017, the number of appellate cases continued to slow somewhat, however, the trial and appellate courts addressing the RTKL are now having to deal with much more nuanced procedural and substantive issues… Read On

Glamping: Is it a Resort or a Tent?

Local municipalities have faced challenges to their zoning codes in recent years with the expansion of sharing economy platforms like Airbnb, HomeAway, FlipKey, and now Glamping Hub. These platforms connect individuals with extra space in their homes or apartments to rent, for what is usually a short-term period of time, with potential guests. Guests can either rent a whole home or apartment or just a room while the owner of the property lives on-site during the stay… Read On

What is a Margin Loan and Why Do They Have Pitfalls for Nonprofits?

Margin loans were created to allow an investor to use securities already owned as collateral for a loan to purchase more securities. An investor can offer up to 50 percent of a securities portfolio as collateral on the margin loan, provided they are pre-approved stocks. The investor can then purchase more securities, without having to sell the originals… Read On

Videos as Potential Public Records Continue to be an Issue Faced by the Courts

The Commonwealth Court recently affirmed an earlier Dauphin County Common Pleas decision ordering a school district to release a school bus video which captured an altercation between a student athlete and an adult. The decision, penned by President Judge Hannah Leavitt, found no merit to the arguments raised by the school district against release of the video… Read On

No-Poach Agreement Investigations: What Businesses Need to Know

In January 2018, Washington State Attorney General Bob Ferguson, launched investigations into several fast food chains utilizing no-poach agreements between franchisees as violative of antitrust laws. These agreements prevented employers within the same franchise chain from soliciting employees to work in another location for higher pay or increased benefits. The agreements could also follow employees for up to six months after the termination of their employment… Read On

What is the Significance of South Dakota v. Wayfair to Your Business?

In June of 2018, the Supreme Court decided a case in favor of a South Dakota law allowing the state to collect sales tax from sales to its citizens from out-of-state online retailers.[1] A South Dakota statute provided for the collection of sales tax on sales by out-of-state retailers who sold more than $100,000 in sales or who completed 200 or more transactions annually… Read On

Holiday Expense Tax Deductions for Business Owners: The Elimination of the Business Entertainment Expense Deduction and the Successful Use of the Client-Related Food and Beverage Expense Deduction

The Tax Cuts and Jobs Act of 2017 (“TCJA”) eliminated generally the federal income tax business deduction for entertainment expenses in § 274 of the Internal Revenue Code (“IRC”) for years beginning after December 31, 2017. It did, however, leave as an exception to the elimination certain categories of expenses. One of those is the client-related food and beverages deduction as provided in IRC § 274(k)… Read On

Supporting Organizations Status as an Alternative to Private Foundation Status

In the Tax Reform Act of 1969, Congress separated tax exempt charitable organizations which could receive tax deductible contributions (“entities”) into three classifications, 1) public foundations, 2) private foundations and 3) supporting organizations. Later, Congress passed the Pension Protection Act of 2006 which further tightened the requirements for entities to qualify as supporting organizations. This article will explain what private foundations and supporting organizations are and why supporting organization status is no longer a good alternative for a private foundation… Read On