State & Local
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May 01, 2024
T-Mobile Gets Tax Reimbursement Suit Tossed For Good
T-Mobile has convinced a New Jersey federal court to toss for good a suit brought by a middleman seeking to collect tax reimbursements the mobile behemoth had supposedly promised a landlord after it didn't fix the deficiencies in its suit the third go round.
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May 01, 2024
Senate Dems Reintroduce Bill To Tax And Regulate Cannabis
Senate Democrats on Wednesday reintroduced a cannabis legalization bill that would remove the drug entirely from the ambit of the Controlled Substances Act and impose a tax-and-regulate scheme akin to what is currently in place for alcohol and tobacco.
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May 01, 2024
Colo. House OKs Tax Credits For Middle-Income Housing
The Colorado House approved a pilot program Wednesday to provide a tax credit to developers of housing aimed at middle-income residents
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May 01, 2024
Mont. Tax Dept. Floats Updated Regs For Water's-Edge Filers
Montana would carry out recently enacted legislation that eliminated a requirement for a so-called water's-edge return to include income and apportionment factors from corporate affiliates incorporated in a now-defunct list of tax havens under regulatory updates proposed by the state Department of Revenue.
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May 01, 2024
RI Corp. Not Entitled To Untimely Refund, Division Rules
A corporation doing business in Rhode Island is not entitled to a refund of sales tax overpayment despite signing a statute of limitations waiver during an audit, the state Division of Taxation ruled.
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May 01, 2024
Collecting, Not Paying May Mean Penalties In MTC Program
The Multistate Tax Commission will make clear that a taxpayer that has collected but not remitted certain taxes during a grace period for liability will likely forfeit at least part of the grace period, an official said Wednesday.
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May 01, 2024
Miss. Narrows Tax Break For Entities That Support Colleges
Tax exemptions for Mississippi nonprofit foundations that support colleges will only be provided to properties that are exclusively used to benefit the schools under a bill signed by the governor.
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May 01, 2024
Ala. Extends Deadline For 2023 Pass-Through Entity Election
The Alabama Department of Revenue announced Wednesday that it has extended the due date for pass-through entities to file the election to be taxed as such in 2023.
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May 01, 2024
Colo. House OKs Boost To Affordable Housing Tax Credit
Colorado would increase the funds available for the state's affordable housing tax credits for six years under legislation approved Wednesday by the state House of Representatives.
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May 01, 2024
Miss. To Provide Tax Break For Aircraft Used In Commerce
Mississippi will provide a sales tax exemption for the sale, lease or transfer of aircraft to certified common carriers for the transport of people or property in interstate, intrastate and foreign commerce under a bill signed by the governor.
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May 01, 2024
Colo. Senate OKs Sports Betting Tax Revenue Ballot Measure
Colorado voters would be asked whether to allow the state to retain and spend certain sports betting tax revenue rather than refunding it to casinos under legislation approved by the state Senate on Wednesday.
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May 01, 2024
Colo. Senate Bill Seeks Income Tax Cut, Refund Changes
Colorado would lower its flat income tax rate for the current tax year and reduce the rate in upcoming years based on surplus revenues under legislation introduced in the state Senate.
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May 01, 2024
Colo. House OKs $650M Child Income Tax Credit
Colorado would create income tax credits for people with children that could total more than $650 million annually under legislation passed Wednesday by the state House of Representatives.
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May 01, 2024
NY Senate Bill Aims To Allow Tax Break For Commuting Costs
Workers for New York businesses could use pretax dollars from their compensation to pay for commuting expenses, including the costs for renting bicycles and carpooling, under a bill introduced Wednesday in the state Senate.
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May 01, 2024
Colo. House OKs Quantum Tech Investment Tax Credits
Colorado would create a pair of tax credits to promote investment in quantum technology development facilities, available only to entities receiving certain federal grants, under legislation passed by the state House of Representatives.
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May 01, 2024
Tax Credit Transfer Regs Show IRS Caution In Rulemaking
The IRS and Treasury's final rules on the sale and transfer of green energy credits maintained a strict reading of the statute while making few changes, a sign of caution by regulators amid judicial scrutiny of the government's rulemaking authority.
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April 30, 2024
TracFone Must Pay Wash. City's Utility Tax
Prepaid phone businesses are utilities and can be taxed as such under Washington state law, according to a state appeals court that had been posed such a question as part of a dispute between TracFone and a Seattle suburb.
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April 30, 2024
Colo. Beats Challenge To Fees In Transportation Funding Law
A conservative group has not shown that fees passed in a 2021 transportation funding package in Colorado exceeded the legislature's taxing authority, a state judge said, throwing out the group's challenge to the fees.
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April 30, 2024
Okla. Expands Allowed Disclosure Of Confidential Tax Info
Oklahoma expanded when the state Tax Commission may share confidential tax records and be immune from liability for the disclosure of such information under a bill signed by the governor.
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April 30, 2024
Okla. Will Allow Making Pass-Through Election With Filing
A partnership or S corporation in Oklahoma will be able to make the election to be taxed as a pass-through entity by filing a timely income tax return under a bill signed by the governor.
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April 30, 2024
Maine Gov. Vetoes Plan For New Top Income Tax Bracket
Maine's governor vetoed legislation that would have created a new tax bracket for high-income earners and expanded the tax bracket for the state's lowest income tax rate.
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April 30, 2024
Okla. Removes Limit On Industrial Development Tax Credit
Oklahoma will expand a tax credit for qualified economic development expenditures in industrial parks, removing a limit on the credit, under a bill signed by the governor.
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April 30, 2024
Va. Tax Head Says Some Corp. Fees Not Subject To Add-Back
A corporation filing a combined return for its affiliates in Virginia should have its exception to the state's add-back increased because buyer service fees should not be included in royalty expenses, the state tax commissioner ruled.
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April 30, 2024
IRS Rejects Arizona's Effort To Exempt State Tax Rebates
The state of Arizona can't sue the federal government to litigate the personal claims of its taxpayers, the Internal Revenue Service told a federal court in an effort to dismiss a bid by the state to exempt state tax rebates from federal income taxes.
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April 30, 2024
Va. Tax Head Orders Adjustment Of Liability Over NJ Rule
A corporation with affiliates filing in Virginia should have its corporate income tax liability adjusted because the amount of tax the affiliates paid to New Jersey was higher due to a state rule, the Virginia tax commissioner said.
Kan. Legislature OKs New Version Of Tax Omnibus
Kansas would restructure its income tax brackets and make other changes under another attempt at a compromise tax omnibus bill passed by the state Legislature, but the governor will likely veto it.
Taxing Business Inputs Still Vexes MTC Digital Work Group
A Multistate Tax Commission work group aiming to harmonize state tax rules for digital products continues to struggle with how to advise states on taxing business-to-business transactions associated with such projects, state officials said Tuesday.
MTC To Tweak Draft Rule On Sourcing Trucking Receipts
A Multistate Tax Commission work group is revising a draft rule that would provide states with an alternative method for sourcing receipts from trucking companies and is aiming to have changes finalized in the coming months, the work group's chair said Tuesday.
Editor's Pick
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Law360 Revenue Report Map Tracks Health Of State Coffers
As state coffers fluctuate because of federal pandemic aid drying up, demographics shifting and remote work becoming commonplace, Law360 Tax Authority is providing up-to-date coverage on state tax revenue with the launch of its Revenue Report Map.
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Nev. Sales Tax Revenue In Jan. Rises $23.8M From Last Year
Nevada brought in $23.8 million more in sales tax revenue in January than in the same month last year, the state Department of Taxation said in a monthly report.
Featured Stories
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Tax Credit Transfer Regs Show IRS Caution In Rulemaking
The IRS and Treasury's final rules on the sale and transfer of green energy credits maintained a strict reading of the statute while making few changes, a sign of caution by regulators amid judicial scrutiny of the government's rulemaking authority.
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The Tax Angle: TCJA Teams, Dear Colleague Letters
From a look at House GOP efforts to prepare for next year's expiration of their 2017 tax overhaul to ongoing attempts by lawmakers to draw attention and support for their own tax legislation, here's a peek into a reporter's notebook on a few of the week's developing tax stories.
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Law360 Revenue Report Map Tracks Health Of State Coffers
As state coffers fluctuate because of federal pandemic aid drying up, demographics shifting and remote work becoming commonplace, Law360 Tax Authority is providing up-to-date coverage on state tax revenue with the launch of its Revenue Report Map.
Expert Analysis
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Consider 2 Alternative Exit Plans In RE Distress Scenarios
In the face of an impending wave of foreclosures, lenders and borrowers alike should consider two exit strategies — deed-in-lieu of foreclosure and consent foreclosure — that can mitigate potential costs and diminution in property value that could be incurred during a lengthy proceeding, say attorneys at BCLP.
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SC's Courts Have It Wrong On Amazon Marketplace Sales Tax
The South Carolina Supreme Court should step in and correct the misguided change in tax law effectuated by lower court rulings that found Amazon owes state sales tax for marketplace sales made prior to the U.S. Supreme Court’s Wayfair v. South Dakota decision in 2018, says Hayes Holderness at the University of Richmond.
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Constitutional Shenanigans And Other Sports: SALT In Review
From a challenge to New York's end run on a federal law to voters' rejection of a sales tax that would aid Kansas City's major league teams, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues
Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Why Supreme Court Should Allow Repatriation Tax To Stand
If the U.S. Supreme Court doesn't reject the taxpayers' misguided claims in Moore v. U.S. that the mandatory repatriation tax is unconstitutional, it could wreak havoc on our system of taxation and result in a catastrophic loss of revenue for the government, say Christina Mason and Theresa Balducci at Herrick Feinstein.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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Speaking Of Ideas Hard To Swallow: SALT In Review
From a Pennsylvania bill that would force corporate tax disclosure to a proposed candy tax in California, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.