State & Local
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June 14, 2024
The Tax Angle: More GOP TCJA Teams, Nonprofit Hospitals
From a look at efforts by the Republicans on the Senate Finance Committee to prepare for next year's expiration of the 2017 tax overhaul law to a new call for nonprofit hospitals to provide more charity care, here's a peek into a reporter's notebook on a few of the week's developing tax stories.
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June 14, 2024
IRS Says Ariz. Lacks Standing To Fight Taxation Of Rebates
Arizona did not have standing to lodge its claim that its 2023 income tax rebates should be exempt from federal tax, the Internal Revenue Service told a federal court, arguing the taxes paid by Arizonans did not amount to harm to the state itself.
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June 14, 2024
Mich. Bill Would Clarify Tax On Delivery Network Sales
Michigan would clarify that vendors selling through an online marketplace are liable for collecting and remitting sales tax and that delivery networks can deduct amounts paid to sellers from their tax liability under a bill introduced in the state Senate.
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June 14, 2024
Conn. Panel Backs Woman's Exemption From Bank Execution
A woman is entitled to an exemption from a financial institution execution served by an entity that collected taxes for a Connecticut city to satisfy a business's outstanding personal property tax assessment, the state's appellate court said in an opinion released Friday, affirming a trial court's ruling.
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June 14, 2024
Mich. Co.'s Former Head Liable For Biz's $229K Unpaid Taxes
The Michigan Tax Tribunal correctly assessed the former president and controller of a now-defunct automotive coating company with $229,000 in unpaid withholding taxes because he was in control of the company's financial operations, a state appeals court panel ruled.
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June 14, 2024
St. Louis Agrees To Return Tax Paid By Remote Workers
St. Louis has agreed to return income taxes paid by remote workers outside the city after a Missouri appeals court ruled it could not impose the tax, the parties said Friday.
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June 14, 2024
Ark. Gov. Calls Special Session To Cut Tax Rates
Arkansas Gov. Sarah Huckabee Sanders called a special session of the state Legislature to amend the state's top income tax rates and increase the homestead tax credit.
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June 14, 2024
Taxation With Representation: Kirkland, Arnold & Porter
In this week's Taxation with Representation, Noble Corp. PLC buys Diamond Offshore Drilling Inc., Cognizant buys Belcan, AlphaSense raises funding to buy Tegus, and Matador Resources Co. acquires a subsidiary of the EnCap Investments portfolio company Ameredev II Parent.
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June 13, 2024
Staffing Hurdles Could Slow Impact Of IRS Audit Boost
The Internal Revenue Service's intended ramping up of enforcement on wealthy people, large corporations and complex partnerships may not have a meaningful impact in the short term because of challenges in hiring and training people to do the work.
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June 13, 2024
NYC Dance Club's Tickets Freed From $2M In Sales Tax
A New York City dance club isn't on the hook for a $2 million state sales tax bill on its admission charges because its techno music shows qualified as a tax-exempt live music performance, a state administrative law judge determined Thursday.
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June 13, 2024
Mich. Bill Seeks Income Tax Credit For Home Down Payments
Michigan would create an income tax credit for homebuyers who purchase a single-family residence that would equal a portion of the down payment amount as part of a bill introduced in the state House of Representatives.
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June 13, 2024
Ohio Senate OKs Requiring Tax Payments For Property Splits
Ohio would require delinquent property taxes to be paid before a real parcel was subdivided or transferred and would prohibit tax-delinquent property owners from buying tax-foreclosed property under a bill passed by the state Senate.
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June 13, 2024
NY Babysitter Can Get Earned Income Tax Credits, ALJ Rules
A New York woman who was paid cash for babysitting was able to prove she was entitled to the state's and New York City's earned income tax credits, an administrative law judge said in a determination released Thursday.
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June 13, 2024
Mo. City Tax Credit Suit Tossed Over Federal Jurisdiction
A federal judge dismissed a Kansas City, Missouri, resident's claims that the city unconstitutionally refused to credit his state income taxes paid to Kansas against his city earnings tax liabilities, ruling that a federal law barred the case from being lodged in federal court.
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June 13, 2024
La. AG Tells Parish That Sheriff Has Tax Collection Authority
A Louisiana parish cannot shift occupational license tax collection responsibilities from its sheriff to its president's office, the state attorney general's office said in an opinion.
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June 13, 2024
Ariz. Lawmakers OK Expanding Jet Fuel Definition For Tax
Arizona would expand the definition of jet fuel subject to state's 3.05-cent-per-gallon excise tax under a bill sent to Democratic Gov. Katie Hobbs.
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June 12, 2024
NY Court Strikes Housing Tax Break's Labor Dispute Process
A New York state court has undercut a provision in a since-expired affordable housing tax break that enabled a city watchdog to issue judgments against developers who underpaid construction workers, deeming the provision unconstitutional because decisions could not be appealed.
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June 12, 2024
Senate Budget Chair Seeks End To Carried Interest Tax Break
Lawmakers should end the favorable tax treatment of income from carried interest compared with ordinary earned income, Senate Budget Committee Chairman Sheldon Whitehouse said Wednesday.
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June 12, 2024
Digital Taxes May Take Hold Regardless Of Treaty Signing
An internationally agreed-upon freeze on digital levies may continue to thaw even if countries meet their impending deadline to sign a related treaty for new corporate tax rules, in part because the accord faces a hazy path to formal ratification.
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June 12, 2024
Mass. Tax Board Knocks $4M Off Valuation Of Elder Housing
A Massachusetts tax panel slashed the valuation of a residential complex for low-income seniors by nearly two-thirds in a decision released Wednesday, agreeing with the owner that restrictions on the property justified a lower assessment.
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June 12, 2024
NM Home Dialysis Co. Gets $2M Tax Bill Thrown Out
A New Mexico business that provides at-home dialysis care to patients was wrongly hit with a $2 million gross receipts tax assessment and penalty notice, the state Administrative Hearings Office ruled, finding the company provided exempt healthcare services.
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June 12, 2024
Mass. Tax Board Says No To Decrease In Parcel Values
The owner of a pair of Massachusetts land parcels failed to show they were overvalued by local assessors, a state tax board ruled in a decision released Wednesday, saying the owner sought relief beyond the board's authority on several issues.
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June 12, 2024
Ohio Bill Seeks Tax Break For Items Bought By Logistics Cos.
Ohio would create a sales and use tax exemption for items purchased by logistics businesses to transport manufactured products, general merchandise and grocery products under a bill introduced in the state Senate.
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June 12, 2024
Ore. Tax Court Affirms No Retroactive Fix To Home Value
The tax valuation of an Oregon residence erroneously assessed at a larger square footage cannot be retroactively reduced, the Oregon Tax Court said, upholding the state tax department's rejection of the request.
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June 12, 2024
Kan. Tax Collection Through May Up $134M From Last Year
Kansas' total tax revenue collected from July through May grew $134 million from the previous fiscal year, according to a monthly report by the state Department of Revenue.
Expert Analysis
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Texas Tax Talk: Previewing 2023 Legislative Priorities
Recent directives issued by the Texas House Ways and Means and Senate Finance Committees suggest high-profile items such as property tax reform, tax incentives for large, capital-intensive industrial projects, and more will be prioritized in the 2023 legislative session, say Alison Andrews and Matthew Larsen at Baker Botts.
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Rushed Multilateral Negotiations Caused Two-Pillar Tax Mess
Cracks appearing in the two pillars of the 2021 global tax plan stem from a multilateral tax policy process that rushed to issue rules without first resolving fundamental differences between countries or ensuring that the U.S., a key player, could implement them, says Jefferson VanderWolk at Squire Patton.
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Post-Litigation Refund Strategies To Defeat Class Certification
The Third Circuit's recent revival of the Duncan v. Governor of the Virgin Islands class action shows that defendants should strongly consider tendering refunds to class representatives — even after they file suit — to create a substantial obstacle to certification, say attorneys at Covington.
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Football In Florida, Chips In New York: SALT In Review
From the tax implications of an NFL star's relocation in Miami to the incentives that lured a chipmaker to upstate New York, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Internet Gaming Biz Hit The Jackpot With Wire Act Ruling
A Rhode Island federal court's order in IGT v. Garland last month — siding with the First Circuit's interpretation of the Wire Act and confirming it applies only to sports betting — opens up opportunities for interstate online gaming and gambling, which will entail harmonized regulation and taxation regimes, say attorneys at Blank Rome.
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The CHIPS Act: Key Takeaways For Semiconductor Industry
The Biden administration’s recently signed CHIPS Act signals that the U.S. is making progress toward bolstering the domestic semiconductor industry, and manufacturers must prepare by understanding the requirements of the act and associated Department of Commerce guidance, say attorneys at Miller & Chevalier.
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Groceries In SD, Streaming Services In Illinois: SALT In Review
From the South Dakota governor's proposed grocery exemption to the defeat of a tax on streaming services in Illinois, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Digital Taxation Is Necessary, But Tough To Manage
The U.S. government has started to tackle complex new tax laws as the digital economy continues to grow, but this demands guidelines that will facilitate the growth while protecting investors and the government's finances, say attorneys at Cadwalader.
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Whistleblowers Will Be Key To Curbing Cannabis Fraud In NY
As New York begins accepting license applications for its legal marijuana market, qui tam suits brought by whistleblowers under the New York False Claims Act will be a valuable tool for safeguarding the integrity of the developing industry, especially with regard to combating tax fraud, say Max Rodriguez and Sidney Cobb at Pollock Cohen.
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Tax Cuts Proposed In Fla., Vetoed In Calif.: SALT In Review
From Florida's proposed $1.1 billion in tax cuts to the California governor's veto of a business exemption, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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On And Off The Books: SALT In Review
From a ruling in South Carolina on the taxing of a bookseller's membership club sales to Louisiana's consideration of repealing its income taxes, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Third-Party Sellers And A Redistribution Tax: SALT In Review
From a Pennsylvania ruling on third-party sellers to an Oregon proposal that would tax businesses and give the money to citizens, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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3rd Time May Be The Charm For Florida Cannabis Legalization
After two unsuccessful attempts at legalizing adult-use cannabis in Florida, strong electoral support combined with significant financial backing for a recently approved constitutional ballot initiative may finally result in success, say Ashlee Tising and Jonathan Robbins at Akerman.