Distinguishing between patronage, nonpatronage and nonmember incomeDate: Tuesday, September 29, 2020
Time: 02:00 PM ET / 01:00 PM CT / 12:00 PM MT / 11:00 AM PT [Prevailing Time]
Presenter(s): Moderators: Rebecca Smith, CPA, MST, CliftonLarsonAllen Tara Guler, Baker Tilly Virchow Krause, LLP: Presenters: George Benson, Counsel, McDermott Will & Emery LLP Teree Castanias, CPA at: Teresa Castanias, CPA and Marlis Carson, Senior Vice President a
Objective: Review patronage and non-patronage allocations and their consequences to cooperatives and their members
Review proposed regulations and the consequences to patronage allocations if finalized
Understand the consequences of CARES act incentives on patronage allocations
Field of Study: Taxes
Program Level: Basic
CPE Credit: 1 Credit Hour- must answer 3 attendance questions during presentation
Delivery Method: Group Internet-based
No advanced preparation or prerequisites are required for this course.
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This session will discuss the consequences of patronage distributions and/or patronage retentions in the current environment. Panelists will discuss prior case law and the proposed regulations as well as the consequences of both in the current environment.
Presenter and Moderator Bios
George Benson advises clients on federal income tax planning, tax controversy and tax litigation matters, particularly in the area of cooperative taxation. George's tax work for cooperatives covers a broad range of issues that arise for cooperatives from their unique status as corporations operating on a cooperative basis. He advises cooperatives with respect to computing, allocating and paying patronage dividends and per-unit retain allocations in accordance with the rules of Subchapter T. His advice in these areas relates to such matters as determining net income or proceeds available for distribution (including distinguishing between patronage and non-patronage income), determining how net income or proceeds should be shared on a patronage basis among patrons (including using allocation units and pools), handling losses, allocating extraordinary gains, and using qualified and nonqualified written notices of allocation and per-unit retain certificates. Over the years, George has provided assistance to cooperatives whose patronage dividends and per-unit retain allocations have been questioned on audit by the Internal Revenue Service. George has helped form new cooperatives, convert existing businesses into cooperative forms (and, where appropriate, obtain letter rulings affirming their cooperative status), convert cooperatives into other forms of business, and convert Section 521 cooperatives and Section 501(e) cooperatives into nonexempt Subchapter T cooperatives. He has provided assistance to cooperatives purchasing or selling assets, entering into joint ventures with cooperatives and others, merging with other cooperatives, or going through the process of liquidation and dissolution. He has assisted cooperatives with cooperative tax and other issues that arise when they engage in business outside of the United States. George has helped cooperatives with financing and capital structure issues that arise as a result of the constraints of the cooperative form of business. He has worked on issues arising from the interplay of Subchapter T with the other provisions of the Internal Revenue Code, including those of Subchapter C. He also has advised cooperatives dealing with issues arising when a cooperative is included in a consolidated return. George advises Section 521 cooperatives with respect to the requirements for maintaining that status. He has successfully defended cooperatives whose nonexempt Subchapter T, Section 521 or Section 501(e) cooperative status has been challenged by the Internal Revenue Service. He has assisted taxable rural electric and telephone cooperatives with matters related to pre-Subchapter T cooperative tax law. Since the enactment of Section 199 (the domestic production activities deduction), George has assisted cooperatives on the many tax issues that the section presents for them. That work has included including obtaining letter rulings with respect to issues under Section 199 and representing cooperatives in controversies over the application of that section. George writes and lectures frequently on cooperative tax matters and is the editor of the TAXFAX column in The Cooperative Accountant.
Teree Castanias has a tax consulting practice focused on cooperative issues and other business and individual tax matters. She has provided tax consulting, compliance and tax provision services to many businesses, including cooperatives and non-cooperative enterprises in food production, manufacturing, distribution and retail, rural electric and telephone, Farm Credit System agricultural lending, banking and financial services. She has had a broad range of experience with all types of cooperatives and non-cooperative businesses, including sole proprietorships, partnerships, limited liability companies, C and S corporations. She has also worked extensively with individuals, providing assistance in income tax, retirement, estate and gift, and financial planning. She also works with clients in equine related businesses. Teree's professional tax accounting experience has spanned over 40 years. She was with KPMG for over 32 years, and a tax partner for over 23 years, in the Seattle and Sacramento offices. She led KPMGâ€™s Cooperative Tax practice from 2000 to 2009. She has had my own tax practice since October 2009. Teree is a member of the AICPA and the California Society of CPAs. She has substantial experience providing planning federal and state tax work to many clients. She also provides subject matter knowledge and guidance on cooperative issues. Teree is a former Chair and a current member of the Legal, Tax and Accounting Committee of the National Council of Farmer Cooperatives (â€œNCFCâ€). She is also a former Chair and a current member of the Tax Committee of the National Society of Accountants for Cooperatives (â€œNSACâ€). She is also past board member of NSACâ€™s National board and Far Western Chapter and a frequent speaker concerning tax issues related to cooperatives at annual meetings of the NCFC and NSAC. In addition, Teree is a periodic contributor of articles on current developments in cooperative taxation for the NSACâ€™s â€œCooperative Accountantâ€ publication. She is a member of the Board of Directors of Farm Credit West, A.C.A.
Marlis Carson is Senior Vice President and General Counsel for the National Council of Farmer Cooperatives, a trade association based in Washington, D.C. In addition to overseeing NCFCâ€™s legal, financial, and tax compliance issues, Marlis coordinates the activities of NCFCâ€™s Legal, Tax and Accounting Committee on federal issues impacting farmer cooperatives. She also serves as NCFCâ€™s corporate secretary/treasurer. Prior to joining NCFC, Marlis served as a tax manager in Ernst & Youngâ€™s National Tax Department in Washington, D.C. She grew up in Kansas and is a graduate of Sterling College (Sterling, Kansas) and of The George Washington University Law School. She is a member of the Virginia State Bar.
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