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Posts from July 2008.

One of the most discussed pieces of legislation in Washington D.C. this past year has been the Employee Free Choice Act (EFCA).

A new Kentucky law was enacted in April that includes many provisions important to certain businesses, nonprofits, individuals and governmental entities.

  • Does your company deal with air and water permitting for its facilities? 
  • Are you responsible for your company's compliance with environmental regulations or for addressing site contamination or waste management issues at its facilities?
  • Are you in charge of reviewing new permits and evaluating whether to accept or challenge their conditions?

Recently, the Seventh Circuit Court of Appeals (which covers Indiana, Illinois and Wisconsin) held that a pharmaceutical sales representative who was approved for leave under the Family and Medical Leave Act, was replaced before he used 12 weeks of leave, and later was deemed ineligible under the statute, can nevertheless proceed with claims for breach of contract or promissory estoppel based on eligibility statements in the employee handbook. (Peters v. Gilead Sciences Inc., 7th Cir., No. 06-4290, 7/14/08)

The Kentucky General Assembly has standardized the definition of "compensation," set forth in KRS 67.750(2), for purposes of city/county occupational license taxes throughout Kentucky, in an effort to facilitate the calculation and reporting of such taxes in the Commonwealth.

On June 12, 2008, the Energy and Environment Cabinet Division of Water filed proposed amendments to Kentucky's water quality standards as part of its triennial review of the regulations.

A recent case from the U.S. District Court for the Northern District of Indiana serves as a good reminder of an employer's obligation, pursuant to Title VII of the Civil Rights Act of 1964, to reasonably accommodate employees' sincerely held religious beliefs.

Question: On April 24, Gov. Beshear signed into law H.B. 704, a tax-related bill passed by the General Assembly on April 15. What are the provisions of the new law, and how will they affect taxpayers?

Answer: This new law included a hodgepodge of provisions important to certain businesses, nonprofits, individuals and governmental entities.

Generally, beneficiaries of a decedent’s estate are not required to pay income taxes on the value of the transferred property. However, some assets generate what is known as Income in Respect of a Decedent (IRD). IRD generally arises from assets that would have been included in the decedent’s gross income had he or she lived. Additionally, many assets that generate IRD do not receive the same step-up in basis as most other inherited assets. A few examples of assets that may generate IRD are: deferred annuities; IRAs; qualified retirement plans; EE Bonds; and employment bonuses and commissions.

On February 6, 2008, the Ohio Supreme Court unanimously held in Al Minor & Associates, Inc. v. Martin that a confidential client list does not lose its character as a trade secret merely because a former employee used his memory of the list rather than a document or some other tangible source.

One of the newest taxes in Kentucky is the Limited Liability Entity Tax (LLET), and its application can affect an entity’s Kentucky income tax.

The most commonly used standard form construction contracts are issued by the American Institute of Architects (AIA). Recently, the general conditions provisions of the AIA standard form contracts underwent significant revisions. Most significantly, the A201 general conditions standard forms, which are common to most AIA construction contracts between owners and contractors, and between contractors and their subcontractors, were revised as follows:

It’s tax season and so it seems appropriate to focus on this specific tax for this installment of Tax in the Bluegrass.

Posted in General

In the recent case of Gilbert v. Kentucky Cabinet for Health and Family Services, the Kentucky Court of Appeals ruled that a Kentucky physician and his group practice violated state law by operating three offices providing magnetic resonance imaging (MRI) services without first obtaining a Certificate of Need (CON) from the Cabinet for Health and Family Services (Cabinet). The Court’s ruling helped delineate the boundaries of the Physician Office Exemption under CON law and provides two important lessons for physicians wishing to establish satellite offices where diagnostic procedures may be performed.

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