JD, MBA, LL.M.
Alan Goldenberg is a state and local Tax Principal at Anchin. He brings more than 15 years of experience in accounting and law matters such as representing taxpayers before the IRS, state, and local tax authorities. His specialties include state and local taxation, income, franchise and excise taxes, tax research and drafting documentation, unclaimed property, nexus evaluation, employee and independent contractor determination, and tax amnesty and voluntary disclosure.
Alan focuses on helping clients mitigate their tax liabilities and exposure. He offers guidance throughout the full lifecycle of tax controversy matters from initial response through final resolution, and helps address initial audit inquiries and disputes along with orchestrating any administrative protests. Alan also has experience in tax planning for the full spectrum of corporate and pass-through entities, as well as for individuals.
In addition, Alan specializes in unclaimed or abandoned property compliance and has had success mitigating clients’ escheat exposures through audit settlements and voluntary disclosure agreements. This success is largely facilitated by his deep understanding of accounting principles, transaction flow and unclaimed property law.
Alan frequently lectures on a variety of issues and has written extensively on state and local taxation for publications such as Bloomberg News and Fox Business. Alan has been admitted to the Bar of New York, New Jersey, Washington D.C. and The United States Tax Court.
- State and Local Taxation
- Tax Controversy
- Tax Planning and Compliance
- What You Need to Know About Remote Work and Sales TaxOctober 19, 2021
We discuss some of the obstacles companies with remote employees confront when addressing their sales tax obligations in states in which they have not previously operated.
- New Jersey Businesses Eligible for $40,000 to Train New HiresOctober 11, 2021
New Jersey Governor Phil Murphy recently announced that the state will be launching the Return and Earn program, an initiative that will provide wage reimbursements to New Jersey employers who hire applicants with identifiable skill gaps. Eligible businesses will be reimbursed for 50% of the wages paid to these New Jersey residents during the employer-provided training period. Employers can receive up to $40,000 ($10,000 for each of four potential employees) over a 6-month period.
- Employers are Rocked by Employees’ Demands to Incentivize Their Return to the Office September 24, 2021
Whether it is due to increased productivity, saving time and money on their commute, or enjoying additional time with their families, employers are finding that it is more difficult than they thought to transition their employees back to a traditional workplace model.
- Is it Possible to Remain a New York Domiciliary Without Paying New York Income Tax?September 9, 2021
One of the major lessons the U.S. workforce learned from the COVID-19 pandemic is that people can work from anywhere. With a simple internet connection, many employees can do their jobs from virtually any location in the world – a vacation home, a medieval European city or even a tropical paradise. For New York residents, telecommuting from a different location often offers little change in their state tax obligations. New York’s sweeping tax laws apply to all income earned by residents regardless of their remote working status. In fact, New York’s wide tax net employs two separate tests – the statutory residency test and the domicile test – to determine if a taxpayer is a resident of the state and therefore subject to state tax on all their income.
- New York Provides Clarity on the New Pass-Through Entity Tax – An Opportunity for Tax SavingsAugust 27, 2021
Passed earlier this year in April, New York’s elective Pass-Through Entity Tax (PTE tax) was intended to help taxpayers circumvent the federal limitation on state and local tax deductions. Since its enactment, taxpayers have been eagerly anticipating guidance from the Department of Taxation and Finance (the “Department”) to address many unanswered questions regarding the new regime’s application and compliance rules. Thankfully, the Department just released detailed guidance advising on many of the unresolved issues, helping taxpayers decide whether to elect in and how the mechanics of the PTE tax works. Here are some highlights from the Department’s guidance along with Anchin’s observations and recommendations.
- New Jersey to Roll Back COVID-era Tax Relief Measures in Less Than Six WeeksAugust 18, 2021
Beginning on October 1, 2021, New Jersey will join the list of states rolling back their COVID-era tax relief measures as the United States sees higher levels of vaccination.
- Potential Benefits for California Pass-Through Entities (PTEs) as State Implements SALT WorkaroundAugust 10, 2021
California has joined the growing list of states that are implementing new Pass-Through Entity (PTE) taxes as a workaround to the federal state and local tax (SALT) deduction cap of $10,000. The new law applies to S corporations, as well as partnerships and limited liability companies, which were initially left out of the proposed legislation. For tax years beginning on or after January 1, 2021, and ending on December 31, 2025, entities will be paying an entity-level tax on the electing owners’ income, for which they are granted a full credit against their personal California income tax liability. The PTEs are entitled to a federal deduction for the payment of the California tax.
- Employee versus Independent Contractor Misclassification: A Costly Post-Pandemic MistakeJuly 22, 2021
As the U.S. economy continues to recover, many businesses are increasing employment to pre-pandemic levels. However, according to various surveys, job seekers across a variety of industries are now prioritizing flexible work arrangements, including part-time and telecommuting opportunities. There seems to be a strong sentiment against the more traditional “in-office, nine to five” career. While many businesses appear to be adapting to the workforce’s desires, these new employment models raise concerns with respect to employment classification, specifically employees versus independent contractors.
- Caution: COVID-Era Remote Worker Tax Relief Coming to an EndJune 30, 2021
At the onset of the COVID-19 pandemic and subsequent shelter in place orders, many states extended temporary relief from state tax nexus and payroll withholding obligations to out-of-state employers with remote employees working within a state. While under normal circumstances, the physical presence of remote employees in a state often creates income and sales tax nexus and employer payroll withholding tax responsibilities, the relief provisions allowed companies to disregard the presence of remote workers in their state for these tax purposes. However, as the pandemic comes to a close in the United States, businesses should be aware that states will begin to roll back these exemptions, which were granted solely on the basis that they were temporary.
- Can You Benefit from New Jersey’s New Emerge Program?June 9, 2021
On January 7, 2021, New Jersey passed the Economic Recovery Act of 2020 (the “Act”), which contains a comprehensive recovery package addressing the ongoing economic impact of the COVID-19 pandemic. Specifically, the Act includes over 15 different economic development programs incentivizing job creation, capital investment and community revitalization. Recently, the New Jersey Economic Development Authority (“NJEDA”) approved details regarding the Act’s new Emerge Program (the “Program”), a jobs-based tax credit program for businesses that invest private capital in the state and target priority industries. These tax credits are available for up to seven years.
- Is There Any End in Sight for the IRS Backlog of Tax Returns and Refunds?May 10, 2021
As the May 17, 2021 tax deadline quickly approaches, the Internal Revenue Service (IRS) is struggling to catch up with the tremendous backlog of returns and other correspondence submitted since the start of the COVID-19 pandemic. According to the IRS’ Taxpayer Advocate Service, the agency is holding onto approximately 31 million tax returns, including amended returns and net operating loss carryback refund claims, for processing. This backlog has grown by about 2 million since last month alone.
- The Fiscal Year 2022 New York State Budget – The Benefits and Costs to YouApril 12, 2021
New York Governor Andrew M. Cuomo and legislative leaders have announced an agreement on the state’s fiscal year 2022 budget, which, among its various provisions, will significantly raise tax rates and make New York City the highest taxing jurisdiction in the country. The notable changes are discussed below, and it is important for taxpayers to consider how they may be impacted going forward.
- New York State’s Tax Increase: What High Earners Need to KnowApril 8, 2021
Taxes are going up for New York’s highest earners. Legislation passed Wednesday raises income-tax rates on single filers with more than about $1.1 million of income and joint filers reporting more than about $2.2 million. The changes mean top earners in New York City will be subject to the highest combined local tax rate in the country.
- What to Consider Before Relocating Overseas February 24, 2021
COVID-19 has caused many to rethink where they want to shelter during quarantine and for how long. Those who have the option are moving away from densely populated cities and some are even considering a move out of the country. If you are deliberating moving your family abroad, you are among many households that are considering a major change in lifestyle.
- New Jersey Follows Federal Tax Treatment of PPP LoansFebruary 22, 2021
New Jersey Governor Phil Murphy and State Treasurer Elizabeth Maher Muoio have announced that federal Paycheck Protection Program (PPP) loans will receive the same beneficial tax treatment in New Jersey as they do at the federal level. Following the federal government’s lead, PPP loans will be tax exempt for New Jersey state income tax purposes, and those who received the loans can also deduct business expenses paid for with the money from these tax-exempt loans.
- State Tax Implications of PPP Expense Deductibility and Loan ForgivenessFebruary 18, 2021
The Paycheck Protection Program (PPP), created as part of the Coronavirus Aid, Relief and Economic Security (CARES) Act and extended under the Consolidated Appropriations Act of 2021, provided much-needed relief for businesses struggling to stay afloat during the COVID-19 pandemic. While the CARES Act specifically excluded forgiven loans from taxable income at the federal level, the deductibility of the associated expenses remained in question until the enactment of the Consolidated Appropriations Act which clarified the allowance of such deductions.
- New York Resident State Credits for Pass-Through Entity TaxesJanuary 7, 2021
With the release of IRS Notice 2020-75 permitting the deduction of state pass-through entity (PTE) tax payments, many taxpayers are considering electing into PTE tax regimes as a workaround for the $10,000 cap on state and local tax deductions on federal tax returns. To date, New Jersey, Maryland, Louisiana, Oklahoma, Rhode Island and Wisconsin have enacted elective PTE taxes. Connecticut is the only state with a mandatory PTE tax. A number of other states, including New York, are debating the enactment of PTE taxes in 2021.
- Reducing Your New Jersey Tax Liability with BAITDecember 9, 2020
The $10,000 federal limitation on the deductibility of state and local taxes, known as the State and Local Tax (SALT) deduction, continues to be a major concern for many taxpayers, particularly those in high-tax jurisdictions. To circumvent this cap, several states have introduced entity-level taxes on pass-through entities (PTEs), which ostensibly treat the entity tax as a deduction by the trade or business rather than an itemized deduction at the individual partner level, which would be subject to the SALT limitation. Individual partners, in turn, receive a credit for the entity-level taxes paid. Questions loomed regarding whether the Internal Revenue Service would respect such deductions until it released Notice 2020-75 in November, indicating that the deductions of these tax payments are in fact permitted. New Jersey joined the SALT workaround bandwagon this year by establishing its Business Alternative Income Tax (BAIT).
- Where Can You Find “Lost” Money in the Pandemic?December 8, 2020
The COVID-19 pandemic has caused financial hardships for many businesses and taxpayers. Shelter-in-place orders closed companies’ doors for months resulting in significant losses of revenue and job cuts. Businesses are now adapting to new ways of operating and are seeking alternative avenues to generate much-needed revenue. However, in doing so, many companies and taxpayers are overlooking a $40 billion cache of money that’s already theirs.
- Opportunity For Tax Savings: State and Local Pass-Through Entity Taxes Not Subject to the Federal Deduction CapNovember 12, 2020
Earlier this week, the Department of the Treasury and IRS announced that state and local taxes imposed at the entity level on pass-through entities are permitted as a federal tax deduction. Forthcoming proposed regulations will clarify that state and local income taxes imposed on and paid by a pass-through entity are allowed as a tax deduction by the pass-through entity in computing its taxable income. Such tax payments are not subject to the $10,000 state and local tax (SALT) deduction limitation on individual partners and shareholders who itemize deductions.
- Is Your Business Eligible for State and Local Tax Savings during the Pandemic?October 27, 2020
One of the looming state tax issues created by the COVID-19 pandemic is how businesses allocate their service revenues among states and localities in light of current telecommuting and shelter-in-place orders. Typically, state laws source service revenues using one of two basic approaches: cost of performance or market-based. Depending on which option a state utilizes, how these provisions are applied will have a significant impact on a business’ overall tax liability and could actually lead to state tax savings in 2020.
- Pandemic Planning: What Should Businesses with Remote Employees Know About State Taxes?October 14, 2020
With states of emergency and telecommuting stretching through more than half of 2020, businesses are facing serious concerns about state taxes. Below are some of the more significant factors businesses need to consider as they evaluate their state tax footprint for 2020 and beyond. Also discussed are recommended actions companies should adopt to help navigate their state tax compliance obligations. Uncertainty over state tax positions persists as the authorities continue to assess their fiscal responses to the pandemic. However, taxpayers should proactively prepare for whenever guidance is ultimately provided.
- What Does the New Jersey 2021 Fiscal Year Budget Mean for You? October 1, 2020
On Tuesday, September 29th, New Jersey Governor Phil Murphy signed a $32.7 billion budget into law, further increasing taxes on millionaires and businesses.
- What Is a Limited Liability Partnership?September 21, 2020
LLP STANDS FOR LIMITED liability partnership. As the name suggests, an LLP provides its members with a degree of liability protection, shielding them and their personal assets.
- Anchin Welcomes Alan Goldenberg as the Firm’s New SALT Principal State and Local Tax expert brings new leadership to Anchin’s growing teamAugust 26, 2020
NEW YORK, NY, August 2020 – Anchin, Block & Anchin LLP (“Anchin”), a leading accounting and advisory firm based in New York City, announced that Alan Goldenberg has joined the firm to lead its State and Local Tax (SALT) practice.