State & Local
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October 02, 2024
Calif. Authorizes Local Tax Above 2% Cap For Transportation
California authorized three cities to impose a transactions and use tax to support countywide transportation programs or general services that in combination with other taxes could exceed a 2% statutory cap on the combined rate under a bill signed by Gov. Gavin Newsom.
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October 01, 2024
Mich. Appeals Court Denies Tax Break For Church Retreat
The Michigan Court of Appeals affirmed a state tax tribunal decision that said a church's ministry retreat house that offered recreational activities wasn't exempt from property taxes.
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October 01, 2024
IRS Delays Deadlines, Grants Other Relief Following Helene
Taxpayers in all or part of seven states will have until May 1 to file individual and business tax returns and make payments after Hurricane Helene hit the area, the Internal Revenue Service said Tuesday, while also granting dyed diesel penalty relief as well.
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October 01, 2024
Calif. Opens Door For Region's Voters To Seek Transit Tax
A two-county California region that's allowed to impose a retail transactions and use tax to fund rail transit can now impose such a tax through a qualified voter initiative under a bill signed by Democratic Gov. Gavin Newsom.
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October 01, 2024
JetBlue Calls Fla. Method Of Taxing Airlines Unconstitutional
A law that outlines what counts as miles flown inside Florida for tax purposes violates the internal and external consistency elements of the U.S. Constitution's commerce clause, JetBlue told a state court.
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October 01, 2024
Colo. Justices Turn Down Water District's Tax Hike Case
Colorado's high court said it will not hear a water district's appeal of a court decision that said the district illegally doubled its property tax rate without first seeking voter approval.
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October 01, 2024
La. Gov. Wants Tax Overhaul, Will Call Special Session For It
Louisiana would end its corporate franchise tax, reduce the corporate income tax and create a flat personal income tax under a plan proposed by the governor, who said Tuesday that he will call a special session of the Legislature in November.
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October 01, 2024
Ind. Tax Court Backs Use Of Old Burden-Shifting Statute
An Indiana assessor must provide evidence to back up a property's nearly $2 million valuation because the assessment occurred under a statute shifting the burden of proof to assessors if valuations increased over a certain threshold, the state's tax court said.
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October 01, 2024
Foreclosure Class Wants To Stop Mich. Atty's Victim Outreach
Lawyers behind a proposed tax foreclosure class action in Michigan federal court have said an attorney who recently secured a settlement in a similar case sent a misleading solicitation letter to a client in a bid to undermine the proceedings.
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October 01, 2024
Treasury Plans Final Direct Pay Partnership Regs By Year-End
The U.S. Treasury Department is eyeing the end of the year to finalize regulations for development projects to elect out of their partnership tax status to qualify for a direct cash payment of their clean energy tax credits, an official said Tuesday.
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October 01, 2024
Calif. Allows Income Tax Exclusion For Wildfire Payments
California authorized a personal and corporate income tax exclusion for qualified payments received by property owners through a state financial assistance program intended to help mitigate and protect against losses related to wildfires under a bill signed by Democratic Gov. Gavin Newsom.
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October 01, 2024
DC Raises Fiscal 2024 Revenue Estimate By $73M
The District of Columbia increased its estimated revenue collection for the 2024 fiscal year by about $73 million, according to the district's chief financial officer.
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October 01, 2024
Ohio Senate Bill Aims To Allow Tax Payments In Crypto
Ohio would let taxpayers pay state and local taxes and other government fees with cryptocurrency under a bill introduced in the state Senate.
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October 01, 2024
IRS Delays Tax Deadlines In Ill. After July Storms
Taxpayers in seven Illinois counties will have until Feb. 3 to file individual and business tax returns and make payments after portions of the state were hit by severe storms and tornadoes in July, the Internal Revenue Service said Tuesday.
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September 30, 2024
Calif. Lets Cities Exceed 2% Cap On Transactions And Use Tax
California authorized certain local jurisdictions to impose a transactions and use tax for general or specific purposes that exceeds a 2% statutory cap, under a bill signed by Democratic Gov. Gavin Newsom.
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September 30, 2024
Key State And Local Tax Takeaways From September
From IBM and Disney asking the U.S. Supreme Court to tackle their disputes with New York over the taxation of foreign royalties they received to a Michigan court battle over whether insurance companies should file as a unitary group, September provided a busy start to autumn in the state and local tax world. Here, Law360 presents key developments to know from the past month.
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September 30, 2024
Calif. Requires Disclosure Of Local Tax Rebate Agreements
California will require cities and counties to annually disclose to the state Department of Tax and Fee Administration information regarding agreements that result in the direct or indirect payment, transfer, diversion or rebate of local sales and use tax revenue under a bill signed by Democratic Gov. Gavin Newsom.
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September 30, 2024
Colo. Panel Advances Small Biz Property Tax Break
Colorado would reduce personal property taxes of small businesses with an income tax credit under draft legislation endorsed by an interim panel.
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September 30, 2024
Delaware Revenue Receipts Up By $21M Through Aug.
Delaware's revenue receipts from July through August increased by more than $21 million from the same period last fiscal year, according to the state Department of Finance.
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September 30, 2024
W.Va. Bill Seeks Personal Income Tax Cuts At Gov.'s Request
West Virginia would lower its income tax rates for all brackets under a Senate bill introduced Monday in a special legislative session that was called by Gov. Jim Justice in an attempt to cut taxes.
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September 30, 2024
Paychex Tells NY Court Apportionment Reg Ripe For Ruling
Paychex told a New York state court that its challenge to a state apportionment rule is ready for adjudication, with the employment services provider saying it shouldn't have to wait for the conclusion of an audit to bring its dispute to court.
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September 30, 2024
Ex-Jersey Shore Mayor Admits To Benefits Theft, Tax Crimes
The former mayor of Wildwood, New Jersey, has admitted to unlawfully obtaining state health benefits, failing to disclose his outside employment and neglecting to report income from that job on state tax returns, New Jersey Attorney General Matthew J. Platkin and the Office of Public Integrity and Accountability announced Monday.
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September 30, 2024
Idaho Tax Revenue Through Aug. Up $191K From Forecast
Idaho's general revenue collection from July through August outpaced budget estimates by $191,000, according to a report from the state Division of Financial Management.
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September 30, 2024
Ala. Doctor Can't Claim Rural Physician Credit, Tribunal Says
An Alabama doctor cannot claim the state's rural physician tax credit because the community the doctor worked in didn't qualify, the state tax tribunal ruled.
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September 30, 2024
Mich. General Revenues Through Aug. Down $435M
Michigan's general revenues from October 2023 through August were $435 million below the last fiscal year, according to a monthly report from the state budget office on Monday.
Expert Analysis
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OECD Treatment Of Purchased Ga. Film Credits Isn't Peachy
Producers considering Georgia as a prospective location for filming may already be concerned that the Organization for Economic Cooperation and Development's July decision will hamper the eventual 2026 or later sale of their Georgia film tax credits, says Alan Lederman at Gunster.
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A Milestone For Offshore Wind In Maine
Recently signed legislation directing Maine to procure up to 3 gigawatts of offshore wind by 2040 offers indisputable promise that the state will soon welcome commercial-scale offshore wind development off its shores, says Joshua Rosen at Foley Hoag.
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Mallory Ruling Doesn't Undermine NC Sales Tax Holding
Contrary to the conclusion reached in a recent Law360 guest article, the U.S. Supreme Court’s recent Mallory ruling shouldn't be read as implicitly repudiating the North Carolina Supreme Court’s sales tax ruling in Quad Graphics v. North Carolina Department of Revenue — the U.S. Supreme Court could have rejected Quad by directly overturning it, says Jonathan Entin at Case Western Reserve.
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Calif. Policymakers Should Aid Crashing Cannabis Market
As California’s cannabis sector nears the brink of financial collapse, it may be time for the state government to seriously consider potential bailout programs for the embattled industry — though the crisis also presents strategic buying opportunities for those with a high tolerance for uncertainty, says Michelle Mabugat at Greenberg Glusker.
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What Came Of Texas Legislature's Long-Promised Tax Relief
Following promises of historic tax relief made possible by a record budget surplus, the Texas legislative session as a whole was one in which taxpayers that are large businesses could have done somewhat better, but the new legislation is clearly still a positive, say attorneys at Baker Botts.
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Looking Behind The Curtain Of Residential Transition Loans
As residential transition loans and securitizations of such loans grow increasingly popular, real estate stakeholders should take care to understand both the unique features and potential challenges offered by this novel asset class, say attorneys at Mayer Brown.
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Where Tax Policies Go Wrong: SALT In Review
RSM's David Brunori reviews the worst tax policies employed by state and local governments, then critiques recent tax developments in Oregon, New York and Boston.
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Mallory Opinion Implicitly Overturned NC Sales Tax Ruling
The U.S. Supreme Court recently declined to review Quad Graphics v. North Carolina Department of Revenue, but importantly kicked the legs from under Quad's outcome a week later, stating in its Mallory decision that the high court has the prerogative to overrule its own decisions, says Richard Pomp at the University of Connecticut.
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Delicious In Conn., Less Tasty In La.: SALT In Review
From Connecticut reducing its beer tax to Louisiana retaining its franchise tax, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Review Of Repatriation Tax Sets Justices On Slippery Slope
The U.S. Supreme Court’s recent decision to review the constitutionality of the repatriation tax in Moore v. U.S. has implications for many tax rules involving unrealized amounts and could leave the court on the brink of invalidating large swaths of the Internal Revenue Code, say attorneys at Eversheds Sutherland.
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How To Avoid A Zombie Office Building Apocalypse
With national office vacancy rates approaching 20%, policymakers, investors and developers will need to come together in order to prevent this troubling trend from sucking the life out of business districts or contaminating the broader real estate market, say Ryan Sommers and Robyn Minter Smyers at Thompson Hine.
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Ohio Tax Talk: Building On Federal Affordable Housing Credit
Ohio's soon-to-be-implemented low-income housing tax credit could significantly affect the state's affordable housing landscape and influence tax-credit deal financing for these projects, though Senate changes may have dampened the new credit's immense potential, say Raghav Agnihotri and Rachael Chamberlain at Frost Brown.
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Holding These Truths Incontrovertible: SALT In Review
RSM's David Brunori offers his thoughts on noteworthy state and local tax news, beginning with "almost irrefutable" observations delivered at a recent tax seminar.