Tax Law

Our Tax Law Practice Group offers an extensive range of services for businesses and individuals, and covers virtually all aspects of the Federal, State of New Jersey and other States’ tax laws.

Many of our tax attorneys are also specialists in asset protection and preservation planning, and focus on methods to help clients protect assets from creditor claims through asset transfers and asset ownership restructurings while avoiding unexpected income, estate and gift tax liabilities.  We also provide the highest quality guidance and representation in tax controversy matters at the Federal, state and local levels.

  • Federal and state income tax planning and compliance for individuals, corporations, limited liability companies and partnerships.
  • Tax planning for foreign persons and foreign-based entities.
  • Tax optimization of business transactions, including purchases and sales of business entities and business reorganizations, mergers and acquisitions, and private equity placements.
  • Sophisticated tax structuring using life insurance.
  • Tax planning for real estate transactions, including like-kind exchanges.
  • Choice of business entity planning.
  • Business formations and liquidations.
  • Formation of and advising non-profit organizations, including private foundations, in compliance with state and federal tax-exempt criteria.
  • Tax planning and compliance for not-for-profit organizations.
  • Advising tax return preparers in connection with tax return preparation.
  • Tax effective asset protection planning

  • Closely held businesses and their owners
  • High net-worth individuals
  • Entrepreneurs
  • Charitable organizations and private foundations
  • Business executives
  • Professionals

Do I have to pay sales tax to N.J. on my boat?

May 10, 2022

Martin D. Hauptman, Esq., a Tax attorney at Mandelbaum Barrett recently answered that question for NJ.com. Find out what he says: https://bit.ly/3sqWWAX

“How can I get senior community to release assets to this trust?”

April 11, 2022

Steven Holt, Esq., Chair of the Tax Law and Trusts & Estates departments at Mandelbaum Barrett was recently interviewed by NJ.com to answer this question. “The solution here is to reach out to the community and have them explain why they are asking for this and alert them to the fact that the unit is held in […]

Martin D. Hauptman, Esq. to present Estate Trust Update

March 28, 2022

Martin D. Hauptman, Esq., partner in the Tax Law and Trusts and Estates departments as Mandelbaum Barrett will be presenting an Estate Tax Update to the New Jersey Living Well Club on Wednesday, April 13th, 2022.

Martin Hauptman contributes to NJ.com article titled "My employer eliminated my life insurance. Can I deduct the loss?"

December 3, 2021

Martin Hauptman, a partner in the Trusts & Estates, and Taxation practice groups and chair of the ERISA and Employee Benefits practice at Mandelbaum Barrett has contributed to an article in the December 2nd, 2021 issue of NJ.com titled "My employer eliminated my life insurance. Can I deduct the loss?"

Martin Hauptman Answers NJ.com Readers Question on Converting An IRA To a Roth IRA

June 30, 2020

Richard Miller Answers a NJ.com Readers Question on Inheritance Tax

December 26, 2019

Richard I. Miller answered a NJ.com readers question on "Can I avoid the inheritance tax for nieces and nephews?" Read what Richard had to say here.

Join Us For Our 7th Annual Tax, Trusts & Estate Planning Forum

November 7, 2019

We will be discussing timely developments in Estate and Federal Taxation at this 1.5 CE accredited program for CPAs and CFPs. To RSVP, please contact Laure Lynch at 973.243.7951 or llynch@lawfirm.ms.

Martin Hauptman Answers NJ.com Readers Question "CPA, Enrolled Agent, Tax Attorney: Who Should I Hire?"

September 4, 2019

Martin Hauptman answered a nj.com readers question on the difference between a CPA, enrolled agent and a tax attorney, and who to hire depending on your needs. Read the full article here.

Tax Alert: 2019 Retirement Plan Limits

November 5, 2018

Martin D. Hauptman addresses the 2019 Retirement Plan Limits in our latest Tax Alert. Click here to read more.

Join us for our 6th Annual Tax, Trusts and Estates Breakfast on December 4th!

October 23, 2018

Join Mandelbaum Barrett on December 4th for our 6th Annual Tax, Trusts and Estate Planning Forum at Mayfair Farms in West Orange New Jersey!

6th Annual Tax, Trusts & Estate Planning Forum, December 4th

September 27, 2018

Attention CPAs and CFPs: Join us on December 4th for our 6th Annual Tax, Trusts & Estate Planning Forum at Mayfair Farms. This breakfast program is not to be missed! Earn 1.5 CE credits (CPE and CFP) and hear from our panel of experts on timely developments in Estate and Federal taxation that effect your clients. RSVP by November 23rd to llynch@lawfirm.ms or by calling 973.243.7951.

Steven Holt Publishes Article for ROI-NJ on The IRS Tax Amnesty Programs

September 20, 2018

Steven Holt, Chair of Mandelbaum Barrett's Tax, Trusts & Estates Practices recently authored an article for ROI-NJ on the IRS Tax Amnesty Programs for those with undisclosed holdings overseas and issues a warning that the IRS increasingly wants to know about your money overseas. Read what Holt cautions here.

Tax, Trusts & Estates Chair Steve Holt Talks About Brand Value and Business Succession Marketing

August 13, 2018

Ever wonder the value of a strong brand in Business Succession Marketing and Planning? Check out Leon Grassi's latest DSM blog featuring a Q&A with Mandelbaum Barrett's Tax, Trusts & Estate's Chair Steven Holt. This is a must read for business owners!

Steven Holt Featured in a Q&A for Leon Grassi's DSM Blog on The Value of a Strong Brand in Business Succession Marketing and Planning

August 10, 2018

Ever wonder the value of a strong brand in Business Succession Marketing and Planning? Check out Leon Grassi's latest DSM blog featuring a Q&A with Mandelbaum Barrett's Tax, Trusts & Estate's Chair Steven Holt. This is a must read for business owners!

Mandelbaum Barrett's Tax Law Practice Group Issued a Special Bulletin on the End of the Offshore Voluntary Disclosure Program

July 11, 2018

Mandelbaum Barrett's Tax Law Practice Group has issued a Special Bulletin on the End of the Offshore Voluntary Disclosure Program.

Latest Nj.com article on Things to Think About Now for 2018 Tax Returns Featuring MS Attorneys Holt, Strober and Fox

May 18, 2018

Check out the latest NJ.com article highlighting many of the changes brought on by the Tax Cuts and Jobs Act and what you need to start thinking about now for your 2018 return! Our own Steven Holt (Chair, Tax, Trusts & Estates), Lynne Strober (Co-Chair Family Law) and Lisa Fox (Member, Tax, Trusts & Estates) give expert analysis on these changes and tips to consider. It is important to plan throughout the year so you aren't blindsided in April when tax time rolls around again.

Casey Gocel Provides Advice for New Startups in Blerp.com

April 25, 2018

Casey Gocel provided advice for new startups in a blerrp.com blog post earlier this year. Blerrp is an online forum to help entrepreneurs and provide a platform for questions to be asked and answered. See what Casey has to say here: https://www.blerrp.com/blog/10-legal-experts-provide-their-best-advice-for-new-startups/

Steve Holt Answers NJ.Com Readers on the Taxability of 529 Accounts

December 28, 2017

Steven Holt, Chair of the Firm's Tax and Trusts and Estates Practice Group's was asked by an NJ.com reader about 529 accounts and what is taxable.

Steven Holt Answers NJ.Com Biz Brain Readers Question on Gift Taxes on a Deeded Home

December 20, 2017

Steven Holt, Chair of the Firm's Tax and Trusts & Estates Practice Groups recently answered a NJ.com BizBrain reader's question on gift taxes on a deeded home. Check out Steve's answer here.

Join Us for Our 5th Annual Tax, Trusts and Estate Planning Forum on December 5, 2017

November 3, 2017

Join Us for Our 5th Annual Tax, Trusts and Estate Planning Forum on Tuesday, December 5th from 8:00 a.m. – 10:00 a.m. at Mayfair Farms in West Orange, NJ! Earn up to 1.5 CE credits and hear from our panel of experts regarding guardianships, special needs trusts, irrevocable trusts, latest tax law changes and more! To RSVP, email llynch@lawfirm.ms or call 973.243.7951. Seating is limited so RSVP today!

Steven Holt Answers Nj.com Biz Brain Question on Property Tax and Mortgage Deductions

August 10, 2017

Steve Holt, Chair of the Firm's Tax and Trusts & Estates Practice Groups recently responded to a NJ.Com Biz Brain readers question on property tax and mortgage deductions! Read what Steve had to say.

Steven Holt Answers nj.com Biz Brain Question on How the Federal Estate Tax is Calculated

July 13, 2017

Steven Holt, Chair of Mandelbaum Barrett's Tax and Trusts and Estates departments, answered a nj.com readers "Biz Brain" question on how the federal estate tax is calculated.

Fall 2016 Estate Planning Update: The Repeal of the New Jersey Estate Tax

October 14, 2016

NEW JERSEY REPEALS ESTATE TAX On October 14, 2016, Governor Christie signed a new law which made sweeping changes to a variety of tax provisions, including New Jersey's estate tax. This new law (the "Tax Law"), passed as a compromise to, and in conjunction with, a

Martin D. Hauptman to Instruct at NJCPA Course

October 5, 2016

Member Martin D. Hauptman will be an instructor at the upcoming NJCPA course “ERISA, the DOL and Building a better Retirement Plan: Updates and Practices.” With the evolving rules from the DOL and new interpretations of ERISA, keep ahead of the changes. Learn how to

Member Martin D. Hauptman Speaking at Upcoming NJCPA and SFSP Events

September 19, 2016

On September 29th, Martin D. Hauptman will be a speaker at Professionals Day 2016, which is being presented by the Society of Financial Service Professionals North Jersey Chapter as a Continuing Education course. Martin will be discussing Trusts as Beneficiaries of Retirement Plans. For registration

IRS Update: Estate Tax Return

July 19, 2022

In Revenue Procedure 2022-32, the IRS stated that it will now permit an executor of an estate that is not otherwise required to file an estate tax return to file a late return to elect portability, up to five years after the date of the decedent’s death. Filing this return does not change the statute of limitations […]

New Jersey Middle Class Property Tax Relief Program

July 11, 2022

L. 2022, S2023 (c. 49), effective 07/01/2022, establishes a homestead tax rebate program for property tax purposes based on the 2019 tax year. The rebate for eligible homestead owners with gross income not in excess of $150,000 will be up to $1,500 of property taxes paid. The rebate for eligible homestead owners with gross income in […]

New Jersey Child Tax Credit Program

July 8, 2022

L. 2022, S2523, effective for tax years beginning on or after 01/01/2023, provides to New Jersey residents, a child tax credit for each child who has not attained six years of age as of the close of the tax year. Regardless of filing status, the amount of the credit will be: (1) $500 if New Jersey […]

New Jersey Tax Alert: New Jersey Governor Phil Murphy and legislative leaders have reached an agreement on a proposal for a back-to-school sales tax holiday.

June 28, 2022

The sales tax holiday would take place from August 27 to September 5, 2022. Under the sales tax holiday, tax exempt supplies and equipment include: (1) school supplies, such as pens and pencils, notebooks, and binders; (2) school art supplies, such as paints and paintbrushes, clay, and glazes; (3) school instructional materials, such as reference […]

IRS Increases Mileage Rate for the Remainder of 2022

June 24, 2022

In June 2022, the IRS announced an increase in the optional standard mileage rate for the final six months of 2022. Taxpayers may use the optional standard mileage rates to calculate the deductible costs of operating an automobile for business and certain other purposes. These new rates become effective 7/1/2022. Mandelbaum Barrett Tax Law Partner Martin […]

IRS Update: Employer Leave Based Donation Programs to Aid Victims of the Further Russian Invasion of Ukraine

June 17, 2022

Notice 2022-28, 2022-23 IRB In the above referenced notice, the IRS said employer leave-based donation payments by an employer before January 1, 2023, to Code Sec. 170(c) organizations to aid victims of Russia’s invasion of Ukraine will not be treated as gross income or wages of the employer’s employees. Under an employer leave-based donation programs, […]

Tax Alert: NJ Retirement Guide

May 6, 2022

The New Jersey Division of Taxation has prepared a tax guide for retirees in New Jersey discussing the taxability of various sources of retirement income including pensions, IRAs and annuities. Some other important topics included are the pension exclusion, life insurance policies, the tax consequences related to qualified domestic relations order saving plans and the […]

New Jersey Tax Alert: New Jersey Lists COVID-19 Policies Still in Effect

May 2, 2022

The New Jersey Division of Taxation has advised that since the State of Emergency has not been lifted, the following extensions remain in effect: (1) the law which delayed the payment of interest on refunds until six months after the State of Emergency has ended when the original interest payment period ended on or after April 14, 2020; and (2) the statute of limitations for the assessment of tax which runs until 90 days after the State of Emergency has ended if the original assessment or consent period ended after April 14, 2020. The Division also stated that digital signatures will continue to be accepted on extensions of the statute of limitations, closing agreements and the appointment of a Taxpayer Representative. The Division will work with taxpayers to complete its audits through correspondence (mail or electronic) where possible and avoid in-person meetings until further notice. Conferences with taxpayers will take place over the telephone.

Supreme Court of NJ Order: Extension Period for Conferences and Appeals Expires May 2, 2022

April 29, 2022

The New Jersey Supreme Court has determined that because the public health emergency has ended, there is no longer a need to extend certain deadlines for state tax matters. On April 14, 2022, the Court issued an order which ends the extension of time for filing an administrative protest or a Tax Court appeal. An administrative protest must be postmarked by Monday, May 2, 2022 to be considered timely. This applies to any determination or finding of the Director containing protest and appeal rights that would have expired between March 19, 2020 and May 1, 2022 (but for the original order's extension). If an administrative protest is not postmarked by May 2, 2022, the matter will be final and the Division will proceed with collection activity.

New Jersey Tax Alert: COVID-19 Test Kits

April 22, 2022

The New Jersey Division of Taxation has advised that because the presumption in New Jersey is that a lump sum charge that consists of taxable and nontaxable items is subject to tax, retail sales of COVID-19 test kits are taxable. The test kit is presumed taxable because it contains an exempt reagent and other taxable components. The purchase of a COVID-19 test kit that is reimbursed by the federal or New Jersey State government is not exempt under the Sales and Use Tax Act. Purchases of test kits directly by the federal or New Jersey State government are exempt.

New Jersey Tax Alert: Virtual Currency and Sales Tax

March 25, 2022

The New Jersey Division of Taxation has advised that the purchase of convertible virtual currency for investment purposes is treated as the purchase of intangible property and is not subject to sales tax. However, when a person uses convertible virtual currency as payment for taxable goods or services, New Jersey sales tax applies. Any seller and or retailer of taxable goods or services that accepts virtual currency as payment must determine the fair market value in U.S. dollars as of the date of payment and charge the purchaser sales tax on that transaction. Sellers that accept convertible virtual currency must record in their books and records the value of the convertible virtual currency accepted at the time of each transaction, converted to U.S. dollars and record the amount of sales tax collected at the time of each transaction, converted to U.S. dollars.

New Jersey Tax Alert: Commuter Transportation Benefits

February 18, 2022

The New Jersey Division of Taxation has announced that the adjusted limit for employer-provided commuter transportation benefits excludable by an employee for New Jersey Gross Income Tax purposes pursuant to N.J. Rev. Stat. § 54A:6-23 is $3,240 for calendar year 2021. This amount will increase to $3,360 for calendar year 2022. (N.J. Div. of Taxation, Commuter Transportation Benefit Limits, 01/25/2022.) Martin D. Hauptman, Chair of the ERISA and Employee Benefits Practice Group at Mandelbaum Barrett is available to answer any questions you have.

Tax Alert: Garden State Film and Digital Media Jobs Act Credit

February 11, 2022

The New Jersey Division of Taxation has updated its list of answers to frequently asked questions regarding the film and digital media tax credit. The Division states that applicants that are seeking to qualify for an additional 5% credit must keep track of all qualified expenses incurred for services performed and goods purchased through qualified New Jersey vendors. The tax credit verification report will include a breakdown of those expenses. If any of the qualified expenses were made through a vendor whose primary a place of business is in one of the counties that qualifies for the increased 5% credit, the county must be notated in the report.

Tax Alert: New Jersey's Earned Income Tax Credit (NJEITC)

February 4, 2022

The New Jersey Division of Taxation is reminding taxpayers and practitioners that for the 2021 tax filing season, the New Jersey's Earned Income Tax Credit (NJEITC) is 40% of the federal credit, following three annual increases under a 2018 law. Additionally, legislation signed as part of last year's budget lowered the minimum age eligibility for the EITC from 21 to 18 and to those 65 and older without dependents. This means that for tax year 2021, New Jersey taxpayers could receive a refundable credit of up to $2,691 with qualifying dependents or $601 without dependents. The maximum credit available for workers without dependents is nearly tripled from previous years in thanks to provisions expanding the federal EITC in the American Rescue Plan. To be eligible for the NJEITC, a taxpayer must: (1) meet all qualifications for the federal earned income tax credit, except for the minimum age requirement; (2) be a resident of New Jersey who works or earns income; (3) have a qualifying child or be at least 18 years old; (4) meet the income limits for their filing status; and (5) have a valid social security number for themselves, their spouse and any qualifying child listed on the tax return.

New Jersey Department of Taxation Announcement: New deductions for college related expenses

January 28, 2022

The New Jersey Division of Taxation has advised that there will be three new deductions available for college related expenses in the 2022 tax year for taxpayers with gross income of $200,000 or less. Taxpayers will be able to deduct up to: (1) $10,000 of contributions made during the year to a New Jersey 529 plan account; (2) $2,500 of principal and interest paid on student loans issued under New Jersey College Loans to Assist State Students; and (3) $10,000 of tuition costs if the taxpayer, his or her spouse or dependent enrolls and attends a New Jersey institution of higher education.

New Jersey Division of Taxation Announcement: Important Tax Changes That Impact 2021 Personal Income Tax Returns

January 14, 2022

The New Jersey Division of Taxation has listed the following important tax changes that impact 2021 personal income tax returns:

New Legislation Drops Notable Tax Law Changes: What You Need to Know

November 1, 2021

Earlier this week legislation was introduced in Congress that reflects President Biden's "Build Better" plan. This replaces legislation previously introduced on September 13, 2021 and there are a number of notable tax law changes that were dropped. Many of our clients have been doing significant planning and even accelerating certain actions in an attempt to avoid the harsh tax impact of the September 13th legislation, but much of that planning may no longer be necessary or at least not urgently necessary.

NJ Tax Relief for Hurricane Ida Victims

September 10, 2021

The New Jersey Division of Taxation is following the federal guidelines for tax relief as recently provided in the Internal Revenue Service announcement LA-2021-04, issued August 31, 2021, for victims of Hurricane Ida. Affected taxpayers include businesses and individuals located in the disaster areas and those whose tax records are in the disaster areas.

New Jersey Issues Notice Regarding COVID-19 Precaution Sales Tax and Surcharges

July 31, 2020

On July 24, 2020, the state of New Jersey issued the following notice, which helps businesses determine whether their COVID-19 surcharge is subject to state sales tax. Also included are practical examples that business can use to help in making their determination. Some businesses have begun to include a surcharge for COVID-19 precaution and prevention […]

Another Uncertainty Under the CARES Act Resolved

May 1, 2020

May 1, 2020 By Steven A. Holt On Thursday, April 30, the IRS published Notice 2020-32, which clarifies that no deduction will be allowed for any otherwise deductible expense where the payment of the expense results in forgiveness of a loan received pursuant to the CARES Act and where the income associated with the forgiveness […]

Required Contribution Relief

April 9, 2020

April 9, 2020 By Steven A. Holt ERISA and the Internal Revenue Code impose strict funding requirements on defined benefit pension plans. Recent IRS guidance gives sponsors of single-employer pension plans additional time to meet their 2020 funding obligations, including obligations to make quarterly plan contributions. The due date for any contributions otherwise due during […]

Relief From Failure To Make Employment Tax Deposit

April 3, 2020

April 3, 2020 By Martin D. Hauptman and Steven A. Holt The IRS provides that an employer will not be subject to a penalty under Code Sec. 6656 for failing to deposit employment taxes relating to qualified leave wages or qualified retention wages in a calendar quarter if: (1) The employer paid qualified leave wages or […]

Tax and ERISA Update

March 31, 2020

March 31, 2020 By Martin D. Hauptman and Steven A. Holt Mandelbaum Barrett’s Taxation and ERISA Departments will be keeping you informed as we learn more about the CARES Act and other developments affecting you as taxpayers. Here are a few updates: Coronavirus Relief Package and its Impact on Retirement Plans The recently enacted Stimulus […]

Tax and Estate Planning Alert

March 24, 2020

March 24, 2020 By Martin D. Hauptman and Steven A. Holt We want all of you, our valued clients and friends, to know that the Firm is "open for business" and that we are available to handle your estate planning needs on an emergent basis, including wills and living will. Accessing Qualified Retirement Fund Balances […]

Treasury Department Announces New July 15 Filing Deadline

March 18, 2020

Treasury Secretary Steven Mnuchin announced today that the filing date for individual tax returns for the 2019 tax year has been moved to July 15, 2020. “We are moving Tax Day from April 15 to July 15,” Mnuchin wrote on Twitter. “All taxpayers and businesses will have this additional time to file and make payments […]

Calculating Alimony in New Jersey as a Result of the Tax Code Changes

February 24, 2020

Tax Law Alert: Four Companies Selected to Collect IRS Debts

October 30, 2018

Martin D. Hauptman, a Member in the Firm's Tax Law Practice Group, issued a recent Tax Alert on "Four Companies Selected to Collect IRS Debts." Click here to read more.

Tax Law Alert: U.S. Supreme Court Decision Increases Collection of State Tax on E-Commerce Sales

October 24, 2018

Marc J. Comer, Counsel in the Firm's Tax, Trusts & Estates Practice Groups, recently authored a Tax Law Alert on a recent U.S. Supreme Court decision which increases collection of state tax on e-commerce sales. To learn more about how this could impact your business, click here: https://conta.cc/2O3tpX1

Tax law Alert: Does Your Will Still Work? How the New Tax Law Can Impact Your Estate Plan

January 23, 2018

The Tax Law Department of Mandelbaum Barrett has just issued an important Tax Law Alert for clients on how the new tax law can impact their estate plans! Read more here to learn if your will still works!

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