Kerry Lynch stepped into the role of editor of the&nbsp;Aviation International News&nbsp;monthly magazine in May 2022 after serving with&nbsp;AIN&nbsp;for eight years. She joined&nbsp;AIN&nbsp;in December 2014 as a senior editor covering Washington and business aviation news. She has also served on Convention News teams, including as editor of&nbsp;HAI Convention News. Lynch previously spent 25 years with Aviation Week. During her time there, she reported for and later steered&nbsp;The Weekly of Business Aviation, oversaw business aviation content on the&nbsp;Aviation Week Intelligence Network, served on the&nbsp;Show News&nbsp;staff, and held roles as the Washington columnist for&nbsp;Business &amp; Commercial Aviation&nbsp;and&nbsp;Overhaul &amp; Maintenance&nbsp;monthly magazines. In 2021 she was honored with the National Business Aviation Association Platinum Wing Award for lifetime achievement in journalism and was the 2004 recipient of the National Air Transportation Association’s Aviation Journalism Excellence Award. She also has been a recipient of an Aerospace Media Award for business aviation (2022) and NBAA Gold Wing Award (2003, 2024). Lynch graduated from The Ohio State University with a bachelor of arts in journalism.

Editor, AIN monthly magazine

Kerry Lynch

The IRS has released <a href="https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-15504.pdf">a much-anticipated proposed rule</a> designed to update and clarify the treatment of aviation excise taxes surrounding aircraft management services.

 


The proposal follows a directive from the Tax Cuts and Jobs Act, which essentially exempted certain management fees from the application of the commercial air transportation federal excise tax. While the Jobs Act measure was welcomed, subsequent IRS guidance left open many questions on the application of the taxes.

 


Slated for publication in the July 31 Federal Register and open to comments for 60 days, the notice of proposed rulemaking (NPRM) attempts to address the numerous requests for clarification and outlines definitions surrounding aircraft management as required by law.

 


The NPRM focuses on questions surrounding five areas: use of a&nbsp;possession, command, and control test for amounts paid for aircraft management services; treatment of aircraft management services payments made by people closely related to the owner, but not the owner; the effect of the choice of flight rules (Part 91 versus Part 135); certain situations involving charter use; and the effects of how payment arrangements are made.

 


The IRS outlines the legislative directive to exempt amounts paid by an aircraft owner for aircraft management services related to maintenance and support of the aircraft owner’s aircraft or flights on the aircraft owner’s aircraft. It further defined aircraft management services as those assisting the owner with administrative and support services, such as scheduling, flight planning, and weather forecasting; obtaining insurance; maintenance, storage, and fueling of aircraft; hiring, training, and provision of pilots and crew; establishing and complying with safety standards; and “such other services as are necessary to support flights operated by an aircraft owner."

 


In addition, the tax agency outlines the legislative approach to fractional ownership and refers to the pro-rata share of taxes that are applied in cases involving charter, among other issues highlighted in the proposal.

 


The National Air Transportation Association, which has worked with Congress and the IRS on the issue, said it was reviewing the rules and expects to provide further analysis.

Issues regarding financing of aircraft; aviation insurance; tax issues for aircraft operators; new companies and people in the aviation financing and insurance industries.

IRS NPRM To Clarify Aircraft Management Taxes

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