State & Local
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October 03, 2024
Ind. Co. Doesn't Owe Tax On Canceled Order, Dept. Says
An Indiana company was able to prove that merchandise it purchased from an out-of-state seller was canceled before it arrived and that it doesn't owe use tax on the transaction, the Department of State Revenue said in a letter of findings.
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October 03, 2024
Nev. July Sales Tax Revenue Drops 2.6% From Last Year
Nevada's sales tax collection in July trailed last year's total for that month by 2.6%, the state Department of Taxation reported.
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October 03, 2024
NJ Mogul's Brother Says Lawyering Isn't Racketeering
Parker McCay PA shareholder Philip A. Norcross is urging a New Jersey state judge to toss the sweeping indictment against him, his power broker brother and others over an alleged extortion scheme to acquire riverfront property in a distressed city, arguing that none of the targeted conduct is criminal.
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October 03, 2024
Ala. Offering Tax Extensions Following Hurricane Helene
Alabama taxpayers can ask for relief from tax filing and payment deadlines following Hurricane Helene, the state Department of Revenue announced.
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October 03, 2024
K&L Gates Boosts Houston Shop With Ernst & Young Tax Ace
K&L Gates LLP strengthened its Houston office this week with the hire of a tax partner with nearly three decades of expertise in advising multinational corporations on U.S. taxation on cross-border acquisitions and other transactions.
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October 03, 2024
Aerospace Co. Says Conn. Town Wrongly Taxed $8M In Assets
A unit of a U.K.-based aerospace manufacturer is claiming that a Connecticut town overvalued its taxable personal property by nearly $8 million after the company moved nearly $20 million worth of its property out of the jurisdiction, according to a suit filed in state court.
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October 03, 2024
Calif. Can't Delay Bank's $20.7M Tax Refund, FDIC Tells Court
A California tax collection agency shouldn't be allowed to delay a $20.7 million tax refund it owes the shuttered Signature Bank, the Federal Deposit Insurance Corp. told a New York federal court, saying that as the bank's receiver, it's entitled to the money now.
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October 03, 2024
Iowa Revenue Through Sept. Up $385M From Last Year
Iowa's general revenue collection from July through September was up $385 million from the same period last year, according to the state Department of Management.
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October 03, 2024
Kansas Sept. Revenue Beats Estimates By $8.5M
Kansas' general revenue for September was $8.5 million above estimates at nearly $1.1 billion, according to the state's monthly revenue report.
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October 02, 2024
Mass. Tax Board OKs Exemption For Senior Home
A senior home on Martha's Vineyard is exempt from property taxes, a Massachusetts tax panel said in a decision released Wednesday, ruling that the owner, a charitable nonprofit, had a sufficient presence at the property for the exemption.
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October 02, 2024
Colo. Says Taxpayer Group Can Skip Registration, Ending Suit
A group backing lower taxes doesn't need to register as a ballot issue advocacy committee, the Colorado Secretary of State's office said in an advisory opinion, bringing an end to the group's challenge to state reporting requirements for advocacy groups.
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October 02, 2024
NY Broadens Client Rep Options For Tax Tribunal Disputes
New York will now allow people who have matters before the state's Tax Appeals Tribunal more leeway to choose who will represent them as part of a bill signed by Democratic Gov. Kathy Hochul.
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October 02, 2024
La. Ammonia Plant Will Need To Prove Exemptions At Trial
A Louisiana ammonia plant and its contractor will need to prove at trial that their purchases of certain property qualify for a manufacturing exemption from sales and use tax, the state's Board of Tax Appeals ruled.
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October 02, 2024
Fla. Revenue Through Aug. Beats Estimates By $197M
Florida's general fund revenue from July through August was $197 million above budget forecasts, according to the state Office of Economic and Demographic Research.
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October 02, 2024
Texas Sept. Revenue Rises 5% From Last Year
Texas general revenue increased by more than 5% in September from the same month last year, according to a report by the state comptroller's office.
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October 02, 2024
Ohio Tax Board Boosts Parcels' Value To Purchase Price
Two Ohio parcels should be valued at their purchase price, a state tax board said, rejecting a local board's finding that their value should be lower because the buyer paid a premium and demolished several structures on the properties.
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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.
Expert Analysis
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Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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Another Ark. Tax Cut And Chicago Transit: SALT In Review
From yet another income tax cut in Arkansas to proposed extra funding for Chicago transit, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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Kentucky Tax Talk: Taking Up The Dormant Commerce Clause
Attorneys at Frost Brown examine whether the U.S. Supreme Court is likely to review Foresight Coal Sales v. Kent Chandler to consider whether a Kentucky utility rate law discriminates against interstate commerce, and how the decision may affect dormant commerce clause jurisprudence.
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TCJA Workarounds And A Misstep In Va.: SALT In Review
From federal SALT deduction workarounds to Virginia's missed opportunity, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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How Taxpayers Can Prep As Justices Weigh Repatriation Tax
The U.S. Supreme Court might strike down the 2017 federal tax overhaul's corporate repatriation tax in Moore v. U.S., so taxpayers should file protective tax refund claims before the case is decided and repatriate previously taxed earnings that could become entangled in dubious potential Section 965 refunds, say Jenny Austin and Gary Wilcox at Mayer Brown.
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Digital Services And Asphalt Production: SALT In Review
From Massachusetts' proposed gross receipts tax on digital providers to a dispute over equipment used to make asphalt in North Carolina, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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What's Notable In Connecticut's New Cannabis Laws
The Connecticut Legislature recently passed four bills containing cannabis provisions — ranging from applicable tax credits to labor agreement requirements — that may prove to be a mixed bag for state operators, say Sarah Westby and Deanna McWeeney at Shipman & Goodwin.
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NJ Justices Clarify Bribery Law Scope, But Questions Remain
The New Jersey Supreme Court’s recent State v. O'Donnell decision clarified that the state’s bribery law unambiguously applies to candidates for public office, but there are still unresolved questions about how the ruling may affect lobbyists, undeclared candidates and political speech, says Scott Coffina at Pietragallo Gordon.
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Parsing Tax Implications Of NYC Office Leasing Transactions
Though New York City's tax laws generally do not require negotiated contractual risk allocation in the case of sublease and early lease termination transactions, it is still helpful for counsel to both landlords and tenants to understand the laws' nuances, say attorneys at Lowenstein Sandler.
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Digital Biz Purchases And Tax Cuts In Texas: SALT In Review
From the taxing of digital business purchases to proposed tax cuts in Texas, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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3 Principles Should Guide MTC's Digital Products Tax Work
As the Multistate Tax Commission's project to harmonize sales tax on digital products moves forward, three key principles will help the commission's work group arrive at unambiguous definitions and help states avoid unintended costs, say Charles Kearns and Jeffrey Friedman at Eversheds Sutherland.
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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.