State & Local
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May 07, 2024
Calif. Tax Owed By Ex-President Of Delaware Corp., OTA Says
The former president of a corporation that was once based in California is the responsible party for the corporation's sales tax liability, the state Office of Tax Appeals ruled.
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May 07, 2024
Colo. Lawmakers OK Tax Credit For Job Training Costs
Colorado would create an income tax credit for expenses associated with facility upgrades and purchases of equipment for training programs designed to alleviate staffing shortages as part of a bill passed by lawmakers that goes next to Democratic Gov. Jared Polis.
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May 07, 2024
Tenn. To Let Cities Exempt Food From Sales Tax
Tennessee will allow municipalities that have adopted a city sales tax rate to exempt retail sales of food from the local tax under a bill signed by the governor.
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May 07, 2024
Fla. Net Revenue Through March Beats Estimates By $468M
Florida's net revenue collection from July through March was up $468 million over budget estimates, the state Office of Economic and Demographic Research reported.
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May 07, 2024
Colo. Senate Approves Property Tax Cuts
Colorado would extend temporary property tax rate reductions into 2024 and set lower rates for future years under bipartisan legislation passed Tuesday by the state Senate that is forecast to save property owners nearly $1 billion in its first year if enacted.
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May 07, 2024
ITFA Protects Apple Music From City Tax, La. Board Says
New Orleans' attempt to impose sales tax on Apple Music streaming subscriptions is blocked by a federal law that prohibits discriminatory taxes on electronic commerce, the Louisiana Board of Tax Appeals ruled.
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May 07, 2024
Ala. Sees Dip In Net Revenue Through April
Alabama collected roughly $23.49 million less in net revenue from October through April than it did during the same period last fiscal year, the state Department of Revenue reported.
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May 07, 2024
Calif. Solar Co.'s Tax Assessment Not Time Barred, OTA Says
The increased tax assessment on a California solar lighting company was not barred by the statute of limitations because the company and government failed to tell the state about the federal adjustment, the state Office of Tax Appeals ruled.
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May 06, 2024
Unclaimed Property Class Action Against Pa. Treasurer Axed
A Pennsylvania federal judge has tossed a potential class action challenging the constitutionality of the state's unclaimed property law, finding that the state treasurer doesn't have to pay interest on property that was otherwise abandoned.
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May 06, 2024
NJ Pitches Rule Allocating Tax On Nonresident Stock Options
New Jersey would create a formula for calculating a nonresident's state tax liability on compensation from stock options under a proposed regulation issued Monday.
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May 06, 2024
NJ Justices Erase Gov't Workplace Probe Confidentiality Rule
The New Jersey Supreme Court on Monday struck down part of a state statute that directs investigators to request, but not require, confidentiality in discrimination or harassment investigations involving state workers, ruling the provision still reached too far and chilled protected speech.
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May 06, 2024
Texas Net Revenue Down Through April, Comptroller Says
Texas' net revenue collection from September through April dropped compared with the same period last fiscal year, the state comptroller's office said in a monthly report.
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May 06, 2024
Colo. Lawmakers OK Land Cleanup Tax Credit Extension
Colorado would extend its income tax credit for certain costs of environmental remediation of contaminated property for five years under legislation approved unanimously Monday by the state Senate and sent to the governor.
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May 06, 2024
Wash. Woman Fights NJ Tax Bill Tied To Fed. Filing Status
A woman who lived in Washington state while married to a New Jersey resident challenged the latter state's assessment of income tax against her, arguing that the couple could file separately in the state even though they filed a joint federal return.
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May 06, 2024
NJ Subdivision Assessment Spike Should Remain, Court Says
The property value of a city block bought and developed in New Jersey increased correctly based on the subdivision, the state Tax Court ruled, rejecting the property owner's argument that the assessment was wrong because the city forgot to set the new property lines.
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May 06, 2024
Colo. Lawmakers OK Oil, Gas Fees Despite Tax Concerns
The Colorado Legislature passed a bill Monday under which the state would impose two fees on oil and gas production despite calls from lawmakers who said the proposal was structured to skirt limits on that body's taxing authority.
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May 06, 2024
Minn. House OKs Tax Bill With Corp. Disclosure Rule
Minnesota would demand disclosure of certain corporate franchise tax information and examine the prospect of worldwide combined reporting under parts of an omnibus tax package passed by the state House of Representatives.
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May 06, 2024
Fla. Changes Reporting Rules For 3rd-Party Payment Entities
Florida will require payment settlement entities such as PayPal or Apple Pay that conduct transactions involving payees with addresses in the state to create a method for identifying transactions for goods and services and report that information to the state tax department under a bill signed by Republican Gov. Ron DeSantis.
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May 06, 2024
Miss. Will Impose Excise Tax On Heated Tobacco Products
Mississippi will impose an excise tax on heated tobacco products, targeting single-use electronic cigarettes under a bill signed by the governor.
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May 06, 2024
Mo. Use Tax Applies To Ill. Co.'s Items Fabricated In State
An out-of-state pipe company owes Missouri use tax on materials that were delivered to a Missouri fabricator for modification before being shipped to an out-of-state customer, the state Department of Revenue said.
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May 06, 2024
Mass. April Revenue Up 32% Over 2023
Massachusetts' revenue collection for the month of April was up 32% over April 2023, the state Department of Revenue said in a report.
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May 06, 2024
RI Justices Rule Co. Waived Right To Appeal Tax Credit Loss
A Rhode Island real estate company forfeited its right to protest the state Division of Taxation's determination revoking its historic preservation tax credits by signing a settlement agreement, the state Supreme Court said, overruling a lower court.
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May 03, 2024
Informal Tax Guidance May Defy APAs, Panelists Say
How far states can go in adopting informal guidance without running afoul of administrative procedure acts is a vexing question that has prompted significant litigation, panelists said Friday.
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May 03, 2024
Ohio Justices Urged To Uphold Tax On Goods Held In State
Ohio's imposition of its gross receipts tax on a Kansas-based soap company's goods that were temporarily held in Ohio distribution centers before being shipped elsewhere passes constitutional muster, the state Department of Taxation told the Ohio Supreme Court.
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May 03, 2024
Tenn. Expands Sales And Use Tax Exemption For Data Centers
Tennessee expanded a sales and use tax exemption for qualified data centers under a bill signed by the governor.
Expert Analysis
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MTC Activity And Tax Rebates All Over: SALT In Review
From the highly active Multistate Tax Commission to tax rebates seemingly everywhere, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Emerging SALT Trends For Cryptocurrency And NFTs
Attorneys at Venable discuss trends in state and local tax with respect to cryptocurrency and non-fungible tokens, and the issues for purchasers, sellers and owners in this growing marketplace that SALT authorities must address.
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E-Cigarettes And Film Tax Credits: SALT In Review
From excise taxes on e-cigarettes across the land to a study that bolsters doubts about film tax credits, RSM US LLP's David Brunori offers his thoughts on noteworthy state and local tax news.
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Inside The OECD Transfer Pricing Documentation Guidance
Excerpt from Practical Guidance
The Organization for Economic Cooperation and Development's recently modified documentation guidelines can assist tax administrations in developing requirements for transfer pricing risk assessments and evaluations, and help multinational entity taxpayers demonstrate satisfaction of the arm's-length principle, says Neil Aragones at Lexis Tax.
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Calif. Tax Board Nonresident Asset Ruling Raises New Issues
The California Franchise Tax Board's recent ruling on whether a nonresident's disposition of a partnership interest gives rise to California-sourced income raises new issues for sourcing gain or loss using partnership apportionment factors where unrealized receivables and inventory are involved, says Eric Coffill at Eversheds Sutherland.
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Tech Co.'s Suit May Create Hurdles For Research Tax Credits
The recently filed U.S. Tax Court case Perficient v. Commissioner — challenging standards under research credit regulations that determine whether research is funded by any grant or contract — could make it difficult to substantiate research tax credits, say Dennis St. Martin and Kevin Benton at Grant Thornton.
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A Close Look At The Decentralized Effort To Tax Digital Assets
Clarity on taxation is one of the biggest hurdles to mass adoption of cryptocurrency, and although digital asset innovation has consistently outpaced worldwide government regulation, recent efforts in the U.S. and elsewhere hint at an emerging standard, says Joshua Smeltzer at Gray Reed.
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Kentucky Tax Talk: Speeding Up Public Service Co. Protests
Public service companies with Kentucky tax liability should consider the recent groundbreaking changes to the state’s protest procedures, particularly if they have protests pending that might be expedited in light of the new legislation, say attorneys at Frost Brown.
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Notes On Social Equity From A Former Cannabis Regulator
Duane Morris’ Matthew McCarthy, former lead prosecutor in regulatory enforcement actions at the Maryland Medical Cannabis Commission, shares observations on the multifaceted efforts by government and the cannabis business community to build a more equitable industry and foster diverse ownership, highlighting the role of data reporting and community outreach.
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Watching The Legal Sports Betting Ecosystem Take Shape
The number of U.S. states getting in on the recently legalized $4.29 billion sports-betting industry is on the rise, and stakeholders must be aware that the regulatory scheme looks dramatically different from state to state, say James Johnston and Louis DiLorenzo at Davis+Gilbert.
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How To Address Research Expenditures Amid Uncertainty
Taxpayers need to prepare for the significant technical and compliance challenges of following Internal Revenue Code Section 174's new rules for experimentation expenditure capitalization and amortization, notwithstanding the rules' unresolved legislative future, say tax advisers at Grant Thornton.
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Advising A Cannabis Business Amid Patchwork Of Regs
Excerpt from Practical Guidance
As the cannabis industry continues to grow, so does its widely varied patchwork of local, state and federal regulation, and practitioners should familiarize themselves with the specific rules on tax, real estate, intellectual property and banking applicable in the jurisdictions where their clients operate, say Patrick Hines and Fallon Martin at Hodgson Russ.
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Is NJ's Voluntary Transfer Pricing Initiative Really Voluntary?
The New Jersey Division of Taxation's voluntary transfer pricing audit initiative promises penalty abatement to taxpayers that elect to participate and agree to the division's proposed adjustments, but the effective penalties associated with nonparticipation raise questions about the program's voluntary nature, say attorneys at McDermott.