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TAX REFORM: ADVISING DIVORCING CLIENTS OF THE IMPACT

Cost Free
Presentation Length 1.5 hours

Recorded DateJuly 20, 2018
CPE:Not available
(archived webinars do not offer CPE credits)
Subject AreaTaxes
Course LevelBasic
Course Description

The tax law has changed and one great impact is the change in tax treatment of alimony, creating an opportunity for accountants to advise clients during divorce negotiations and in entering into settlement agreements; and to keep both parties as clients after settlement. Tax issues related to divorce proceedings are unique. Many accountants and attorneys are not aware of the rules dealing with alimony and the transfer of assets in equitable distribution. Accountants also have the opportunity to be neutral evaluators of the tax consequences of divorce settlements. This program will deal with the unique factors in advising parties during divorce and negotiating settlements, such as tax treatment of real estate transfers between married, separated or divorced parties; federal filing status of spouses; basis, profit or loss in transfers of real property; N.Y. State and City Real Property Transfer Taxes incident to transfers between spouses.

Learning Objectives:


  1. Learn how the Tax Reduction and Jobs Act affects divorce agreements and pending divorce matters.

  2. Learn how to advise clients to use the tax law to help both parties to a divorce.

  3. Recognize how to avoid common errors and time bombs when advising clients of the consequences of equitable distribution transfers, which may not affect them until years later.

  4. Identify when and how to retain both parties as clients after divorce proceedings, without a conflict of interest.

PLEASE NOTE: ARCHIVED WEBINARS DO NOT QUALIFY FOR CPE
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Kamerman

Eli is a partner in Kamerman, Uncyk, Soniker & Klein, PC, a general practice law firm. He has experience in several areas of law, and heads the firm’s litigation practice (which also includes mediation, arbitration, family and divorce litigation and general commercial matters).  Eli has been appointed by federal and state courts to mediate complex commercial disputes, as well as family, custody and divorce disputes. His trial and appellate experience covers many courts at many levels, including trials and appeals, and many areas of law. Several of his cases have become often-cited precedents in other cases. He has given presentations and participated on panels in various venues, including "ADR in Flux- Mediation and the Law-Defining the Boundaries”; “Mediation of  End-of-Life and Long-Term Care Issues” before a joint conference of mediation organizations; Inter-active cooperation and teamwork training with the staff at the YWCA of White Plains and Greater Westchester; Inter-active cooperation and dispute resolution training with the staff of Goddard Riverside Community Center; and lectures on various subjects in Continuing Education programs for several organizations, including the New York City Bar Association, the Association for Conflict Resolution, the Association of Divorce Financial Planners, the New York State Divorce Mediation Council, and the Family and Divorce Mediation Council of Greater New York.  Eli was the publisher of the ACR-GNY's periodicals; and Editor and Publisher of NYSCDM's periodicals. Eli is also one of the founding members of the New York Chapter of the Association of Family and Community Courts (AFCC).

He has also written on subjects unrelated to conflict resolution and family law, including “Exempting Income of New York Non-Residents,” published in the New York Law Journal; and “International Aircraft Financing under the Uniform Commercial Code,” published in the New York University Law School Journal of International Law and Politics.

About Our Presenter

Kamerman

Kamerman, Uncyk, Soniker & Klein was founded over 90 years ago with a commitment to serve the individualized needs of each of our clients, and our firm’s attorneys have upheld that guiding principle for four generations.  Those efforts have been strengthened by recent additions to our team – Eli Uncyk and Jeff Kofsky, who joined the firm in 2014 from Uncyk, Borenkind & Nadler LLP, a firm that practiced for more than four decades, and Akiva Cohen, who joined the firm in 2015 from Foley & Lardner LLP, an AmLaw 100 firm.  Together, we act as trusted legal advisors to corporations, privately held companies, start-ups, and individuals and their families. We pride ourselves on partnering with our clients to understand their challenges and goals, and on knowing how to resolve the unique legal challenges facing successful businesses and their owners.

We work with our clients to ensure that their agreements protect their interests, and advise them regarding changes in the law that impact their businesses. We enforce our clients’ rights through litigation, mediation and alternative dispute resolution.  We counsel our clients on personal legal matters that affect them, including tax and estate planning, and family and matrimonial matters, and we strive to develop strong relationships by attending to each client's unique needs.  Our firm’s success, and our loyal and wide-ranging client base, is a testament to our ability to do so.