State & Local
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May 16, 2024
NJ Lets Some School Districts Hike Property Taxes Above Cap
New Jersey will allow school districts that experienced cuts in state school aid to request increases in local property tax levies above previously permitted amounts without voter approval under a bill signed by Gov. Phil Murphy.
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May 16, 2024
Calif. Digital Tax Clears Key Hurdle, Will Go To Full Senate
A bill calling for California to levy its 7.25% state sales and use tax on large online companies with digital advertising revenue above $2.5 billion passed a key Senate committee Thursday and will go to the full state Senate.
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May 16, 2024
Tax Pact Votes Down Nexus Recommendation For Gross Sales
A proposed recommendation from the Streamlined Sales Tax Governing Board for states to use gross sales to measure whether a remote seller crossed a state's economic nexus threshold fell two votes shy of final approval Thursday.
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May 16, 2024
Colo. To Charge Oil, Gas Fees Based On Spot Prices
Colorado will levy new fees on oil and gas producers based on the spot price of a barrel of oil or natural gas under legislation signed into law Thursday by Gov. Jared Polis.
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May 16, 2024
CBRE Biz's Software Liable For NY Sales Tax, Judge Rules
A facilities management business owned by CBRE is liable for New York sales tax on its bundled services, which included sales of prewritten software, an administrative law judge said in a determination released Thursday.
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May 16, 2024
Iowa To Give Tax Break For Gains From Livestock Sales
Iowa taxpayers that make more than half of their income from farming will be able to exclude the capital gains from sales of cattle or horses from income under a bill signed by the governor.
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May 16, 2024
Ohio House Panel OKs Sales Tax Change For Delivery Cos.
Companies that deliver goods in Ohio would be able to obtain a waiver to opt out of being considered a seller in order to avoid double taxation under a bill approved by the state House Ways and Means Committee.
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May 16, 2024
BCLP Sues St. Louis Over City Taxes On Partners' Income
Bryan Cave Leighton Paisner LLP is suing St. Louis, Missouri, after the Midwestern city accused the firm of being delinquent on nearly $275,000 in earnings taxes, contending the municipality unlawfully taxed partners who don't live in the city, according to its court filing.
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May 16, 2024
Okla. Revenue Through April Beat Estimates By $285M
Oklahoma's general revenue collection from July through April exceeded budget forecasts by $285 million, according to a monthly report by the state Office of Management and Enterprise Services.
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May 16, 2024
Miss. Revenue Collection Through April Up $51M
Mississippi revenue collection from July through April was up $51 million from last fiscal year, according to a monthly report by the state Department of Revenue.
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May 16, 2024
Biden Admin Proposes To Loosen Restrictions On Marijuana
President Joe Biden on Thursday announced that his administration has formally recommended relaxing restrictions on marijuana, marking the most significant federal policy shift on cannabis since the drug was criminalized more than 50 years ago.
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May 15, 2024
State Digital Goods Sourcing Proposal Clears Early Hurdle
States could apply the highest, lowest or a blended state and local tax rate inside a five-digit ZIP code area to sales of digital goods when buyers aren't required to provide their full address under a proposal given preliminary approval Wednesday by the Streamlined Sales Tax Governing Board.
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May 15, 2024
Minn. Tax Court OKs Trim To Restaurant Property's Value
A Minnesota restaurant property should have its valuation lowered after the property owner provided a more reliable appraisal report, the state Tax Court ruled.
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May 15, 2024
Md. Tax Court Affirms Denial Of Credit For Townhouses
A Maryland real estate developer was correctly denied a tax credit for townhouses built in Baltimore, as the credit is limited to certain multifamily buildings, the state tax court ruled.
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May 15, 2024
Colo. Will Extend Property Tax Assessment Rate Cuts
Colorado will extend its current temporary property tax rate reductions into 2024 and will lower tax rates for future years under a bill signed by Democratic Gov. Jared Polis.
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May 15, 2024
Pardoned NJ Atty Suspended Over Tax, Fraud Convictions
A former Gilmore & Monahan PA partner — who was convicted of failing to pay payroll taxes and lying on a loan application, and was pardoned by then-President Donald Trump — has received a two-year suspension from practicing law in New Jersey, though it will be largely offset by a previous suspension he served, according to a Wednesday order.
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May 15, 2024
RI Tax Division Says Biz Flouted Deal, Owes Full Sales Tax
A Rhode Island business breached the terms of a settlement agreement with the state's Division of Taxation over unpaid sales and use tax, making it liable to pay the full amount rather than the reduced sum, an administrative hearing officer said.
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May 15, 2024
Ariz. Court Sides With Solar Farm On Tax Credits In Valuation
Arizona's tax department wrongly excluded deferred investment credits from the calculation of a solar energy facility's property valuation, a state appeals court ruled, saying the credits should be considered by the department at the time they are claimed.
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May 15, 2024
Colo. To Conform To MTC Standards For Corp. Tax Reporting
Colorado will conform its method for determining the makeup of a combined corporate group with Multistate Tax Commission standards under legislation signed by Democratic Gov. Jared Polis.
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May 15, 2024
Ala. Tribunal Says Ally Financial Units Can't File As Group
Ally Financial and its subsidiaries did not meet the requirements to file a consolidated return and are therefore not eligible for a refund of excise tax or adjustments to net operating losses and final assessments, the Alabama Tax Tribunal ruled.
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May 15, 2024
Colo. Cuts 2024 Income Tax Rate, Changes Refund Method
Colorado will temporarily lower its flat income tax rate and could reduce the rate in future years if certain revenue surpluses are reached under legislation signed into law by Gov. Jared Polis.
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May 15, 2024
Ill. Revenues Beat Budget Forecasts By $388M
Illinois' total general fund revenue for July through April exceeded budget projections by $388 million, the state Office of Management and Budget reported.
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May 15, 2024
Neb. Net Receipts Through April Beat Forecasts By $139M
Nebraska's net receipts from July through April were $139 million higher than projections, according to a monthly report by the state Department of Revenue published Wednesday.
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May 15, 2024
Conn. Net Revenue Through April Up $618M From Last Year
Connecticut's net revenue from July through April was $618 million ahead of last year, according to a monthly report by the state Department of Revenue Services.
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May 15, 2024
Biz Founder Who Left Mass. Fights Tax On $4.7M Gain
A $4.7 million capital gain from the sale of stock by a former Massachusetts resident should not be subject to that state's tax, a couple told a state appeals court, seeking to overturn a finding that the income was attributable to the state.
Expert Analysis
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Digital Ads And Electric Vehicles: SALT In Review
From the latest move toward a tax on digital advertising to a proposed tax on the charging of electric vehicles, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Could The Supreme Court Legalize Marijuana Federally?
Amid slow legislative and executive movement on cannabis reform, it’s worth examining whether the U.S. Supreme Court could provide a pathway to federal cannabis legalization — a decision that would surely require strange bedfellows given the court’s current ideological makeup, say Whitt Steineker and Mason Kruse at Bradley Arant.
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Pennsylvania Is Gathering Momentum On Adult-Use Cannabis
Though Pennsylvania has been relatively slow-moving on cannabis reform, recent support from state leaders and pressure from neighboring states signal that legalization efforts are picking up steam, and could lead to the enactment of adult-use legislation soon, says Devin Malone at Clark Hill.
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Drinking And Driving: SALT In Review
From several proposed tax breaks related to vehicular considerations to one that would aid bourbon distillers in Kentucky, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Kentucky Tax Talk: Trouble With The Incentive Oversight Bill
The potential retroactivity of a bill to increase the transparency and General Assembly oversight of Kentucky’s tax incentive programs would be problematic for businesses that received awards in recent years, despite the legislation being aimed toward future development, say attorneys at Frost Brown.
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Justices' MoneyGram Opinion Could Spur State Legislation
The U.S. Supreme Court’s recent decision that federal law governs the escheatment of over $250 million in unclaimed MoneyGram checks provides clarity for some issuers, but aspects of related common law remain uncertain and states may take the opportunity to pass multistate escheatment legislation, say attorneys at Alston & Bird.
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Justices Leave Questions Open On Dual-Purpose Atty Advice
The U.S. Supreme Court's recent dismissal of In re: Grand Jury on grounds that certiorari was improvidently granted leaves unresolved a circuit split over the proper test for deciding when attorney-client privilege protects a lawyer's advice that has multiple purposes, say Susan Combs and Richard Kiely at Holland & Hart.
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Biz Purchases In Nebraska, Lobsters In Maine: SALT In Review
From a proposed tax exemption on business purchases in Nebraska to an attempt to punish lobster boycotts in Maine, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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High Court Ax Of Atty-Client Privilege Case Deepens Split
The U.S. Supreme Court's recent dismissal of In re: Grand Jury as improvidently granted maintains a three-way circuit split on the application of attorney-client privilege to multipurpose communications, although the justices have at least shown a desire to address it, say Trey Bourn and Thomas DiStanislao at Butler Snow.
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Comparing NY And NJ Reverse False Claims Statutes
Michael Horn and Lilli Wofsy at Archer & Greiner examine the New York and New Jersey False Claims Acts that give private parties a right to file suits alleging failure to pay the government money, and important distinctions between these state statutes and the federal law that could protect companies facing lawsuits amid substantial incentives for private litigants.
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Ohio Tax Talk: Amnesty Or Voluntary Disclosure?
Ohio's governor recently signed legislation to allow a two-month tax amnesty if the revenue is needed, but considering Ohio's current tax surplus and the fact that many taxpayers would be precluded, those owing back taxes should consider whether voluntary disclosure remains a better option, say Raghav Agnihotri and Rachael Chamberlain at Frost Brown.
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Property In Pa. And Corporate Income In Mo.: SALT In Review
From the latest attempt to do away with Pennsylvania's property tax to an assault on Missouri's corporate income tax, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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The Forces Defining Sales Tax Policy And Compliance In 2023
In the coming year, expect to see tax policymakers grapple with the complexity of state and local tax compliance, cryptocurrency, metaverse transactions, and more, says Scott Peterson at Avalara.