Author Archives: Michael Giovannini

Michael is a senior associate in the firm's State & Local Tax Group, focusing his practice on advising clients and providing practical planning services with respect to various state and local tax and unclaimed property issues. Read More →

IRS Withholding Rule for IRAs “Pardoned” at the Last Minute

▪ Written by Michael Giovannini

Our Unclaimed Property Group takes stock of the reprieve granted by the IRS in delaying new withholding and reporting requirements on IRAs remitted to states as unclaimed property. Effective date delayed until January 2020 Logistical and practical compliance issues A holiday treat for the financial services sector Read the full advisory here. [...]Read more

Thanks for the Memories, Quill: The Supreme Court Adopts a New Nexus Standard for Use Tax Collection

▪ Written by Michael Giovannini and Matt Hedstrom

The U.S. Supreme Court’s Wayfair decision overturns decades-old precedent and fundamentally changes the use tax collection landscape while leaving a number of questions unanswered. Our State & Local Tax Group explains how this decision has huge implications for online retailers, states’ coffers, and consumers’ wallets. The physical-presence standard under Quill is no more What is the new standard? Retroactivity and a host of other unresolved issues Read the full advisory here. [...]Read more

IRS Ruling on IRAs Raises Numerous Unclaimed Property Issues for Holders, Owners, and States Alike

▪ Written by Kendall Houghton, Michael Giovannini and Kathleen Cornett

Many states have begun to treat IRAs as unclaimed property even before the owner can take a tax-free distribution. But now the IRS has ruled that escheatment is equivalent to a distribution and subject to federal income tax withholding and reporting requirements. Our Unclaimed Property Group dives into this dilemma for holders, owners, and states alike. Revenue Ruling 2018-17 concludes that escheatment of an IRA is a designated distribution Holders must honor federal tax withholding and reporting rules upon escheat States are aggressively auditing IRAs Potential negative impact on [...]Read more

Predicting the Possible “Perfect Storm” of Unclaimed Property Trends in 2018

▪ Written by Michael Giovannini and Kendall Houghton

Our Unclaimed Property Group looks ahead to 2018’s perfect storm of holder- and state-initiated litigation and more. Litigation – what happened and what’s next Adopting the Revised Uniform Unclaimed Property Act The ABA’s Model Unclaimed Property Act Delaware’s VDA program Read the full advisory here. [...]Read more

Delaware Finalizes Much-Anticipated

▪ Written by Michael Giovannini

In the wake of litigation, Delaware revamped its Escheats Law in early 2017. Now the state has issued final regulations required by the legislation. Our Unclaimed Property Team takes stock of the changes and the quickly approaching deadline for holders to act. Regulations reflect the same old Delaware audit practices Holders must consider whether to convert an audit to a VDA When exactly is the deadline? Read the full advisory here. [...]Read more

Unclaimed Property ADVISORY: Illinois General Assembly Stealthily Enacts Version of Revised Uniform Unclaimed Property Act

▪ Written by Michael Giovannini

Illinois passed its first budget in two years – and snuck in (a modified version of) the 2016 Revised Uniform Unclaimed Property Act. Our Unclaimed Property Team unearths the Act’s numerous provisions, many of them unfavorable for holders. Eliminating the B2B exemption Other variations from the uniform Act and current Illinois law Potential legal hurdles Read the advisory here. [...]Read more

Illinois Stealthily Enacts Version of RUUPA as Part of Budget Bill

▪ Written by Michael Giovannini

This week, the Illinois General Assembly enacted budget legislation (SB 9) to much fanfare. Although most news stories will likely focus on the fact that the state has a budget for the first time in several years, the real breaking news in the unclaimed property world is that a version of the 2016 Revised Uniform Unclaimed Property Act ("RUUPA") was included as part of SB 9. A RUUPA bill (HB 2603) had previously been introduced and considered in the legislature but had been stagnant since March. However, Illinois' version of RUUPA is enacted and effective on January 1, 2018, seemingly [...]Read more

Unclaimed Property ADVISORY: Sailing the Sea Change of Delaware’s New Escheat Law

▪ Written by Michael Giovannini

Now that Delaware's rewrite of its escheats laws is enshrined in Delaware law, holders will soon be faced with making some important decisions about audits and the VDA program. Our Unclaimed Property Group takes stock of what it means for holders going forward. Read the full advisory here. [...]Read more

Delaware’s Unclaimed Property Overhaul Legislation Awaits the Governor’s Signature

▪ Written by Michael Giovannini

Exactly two weeks after introduction, Delaware’s major unclaimed property overhaul bill – SB 13 – passed both the Senate and the House of Delaware’s General Assembly on January 26. The bill is now on the desk of newly inaugurated Governor Carney and is awaiting signature. We have previously addressed some of the significant features of SB 13 here. To summarize, SB 13 represents a complete rewrite of the Delaware Escheats Law in reaction to the Temple-Inland decision and other recent unclaimed property developments. Although SB 13 is inspired by and based in part on the new 2016 [...]Read more

Unclaimed Property ADVISORY: Delaware Moves to Revamp Its Unclaimed Property Law

▪ Written by Michael Giovannini and Kendall Houghton

Our Unclaimed Property Group explores legislation introduced in the state Senate that if enacted, would prompt a sea change in Delaware law governing abandoned and unclaimed property.

Read the full advisory here.