State & Local
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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.
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May 15, 2024
In Hush Money Case, Jury May Choose To Keep Silent, Too
Though Donald Trump's gag order violations have earned him a threat of jail time, First Amendment experts say jurors in the New York case will likely be free to speak their mind afterward if they want to — a dynamic that in rare instances has led to posttrial controversy.
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May 14, 2024
Tax Pact Council OKs Nexus, Registration Advice For States
A Streamlined Sales Tax Board council on Tuesday approved a recommendation for states to provide remote sellers with at least 30 days to begin collecting sales tax after crossing economic nexus thresholds, and to use gross sales to calculate those thresholds.
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May 14, 2024
Texas Justices Leave Cities' Franchise-Fee Suit Tossed
The Texas Supreme Court has refused to vacate a lower appeals court's order that allowed Hulu, Disney and Netflix to escape a lawsuit from 31 municipalities claiming the streaming platforms are required to pay 5% state franchise fees, holding that the municipalities have other remedies available.
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May 14, 2024
State Digital Goods Sourcing Proposal Advanced By Council
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 advanced Tuesday by a Streamlined Sales Tax Governing Board council.
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May 14, 2024
Ore. Tax Court Says ABC Affiliates Must Apportion Separately
The apportionment of corporate tax to Oregon by ABC must be made for each of its affiliates, not for the taxpayers as a group, the state's tax court said Tuesday, agreeing with the entertainment giant.
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May 14, 2024
Va. Gov. Signs Budget With No Tax Changes
Virginia will not expand its sales tax base to include digital products, and it will not change current tax policy in any way, under a two-year budget signed by Republican Gov. Glenn Youngkin.
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May 14, 2024
NJ Total Revenues Through April Down $709M
New Jersey general revenue collection from July through April dipped $709 million compared with the same period last year, the state Department of the Treasury reported Tuesday.
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May 14, 2024
Colo. Lawmakers OK Sales Tax Exemption For Modular Homes
New modular homes would be exempt from Colorado's sales and use taxes, saving taxpayers about $1 million annually, under legislation passed by lawmakers and heading to Gov. Jared Polis.
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May 14, 2024
Okla. To Give Rebates To Pro Sports Teams That Create Jobs
Oklahoma will provide rebate payments to offset payroll costs incurred by qualifying professional sports teams that create jobs in the state under a bill signed by the governor.
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May 14, 2024
NJ Tax Court Nixes Condo Owners' Exemption Claims
A New Jersey condominium building is not eligible for a five-year property tax exemption because the developer and owners did not enter into a tax agreement with the city prior to the units being built, the state Tax Court ruled.
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May 14, 2024
Okla. Prohibits Additional Tax On Cryptocurrency Payments
Oklahoma will prevent state and local governments from levying additional tax on payments using digital assets, such as cryptocurrencies, as part of a bill signed by the governor.
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May 14, 2024
La. April Revenue Beats Previous Year By $120M
Louisiana's total revenue in April was $120 million higher than the same month last year, according to a report by the state Department of Revenue.
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May 14, 2024
Minn. Total Revenue In April $16M Ahead Of Forecasts
Minnesota's total revenue in April beat budget estimates by $16 million, according to a report by the state Department of Management and Budget.
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May 14, 2024
Ga. General Fund Receipts Through April Down $341M
Georgia's general fund receipts from July through April dropped $341 million from the same period last year, according to the state's Department of Revenue.
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May 14, 2024
Ex-Whiteford Taylor Business Co-Chair Joins Baker Donelson
Baker Donelson Bearman Caldwell & Berkowitz PC has welcomed a new shareholder who spent more than a decade with the Internal Revenue Service and previously co-chaired Whiteford Taylor & Preston LLP's business department, the firm announced on Monday.
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May 13, 2024
Corp. Transparency Act An Overbroad Dragnet, 11th Circ. Told
Congress exceeded its authority in passing the Corporate Transparency Act, which prompted the U.S. Treasury Department to solicit personal information for law enforcement purposes from those that registered and owned state-registered entities, a small-business group told the Eleventh Circuit on Monday.
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May 13, 2024
Alaska House Passes Bill To Levy 7% Marijuana Retail Tax
Alaska would update its marijuana tax regime by levying a 7% tax on sales and phasing out the current $50 per ounce excise tax as part of a bill passed by the state House of Representatives.
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May 13, 2024
NY Appeals Court Upholds Fuel Distributor's Tax Bill
A fuel distributor isn't entitled to a refund of New York taxes paid on 13.8 million gallons of fuel delivered to Citgo because the distributor failed to prove the taxes were paid twice, a state appeals court ruled.
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May 13, 2024
Colo. Lawmakers OK Agricultural Stewardship Tax Credits
Colorado farms and ranches using certain agricultural stewardship practices would be eligible for tax credits of up to $300,000 under a bill approved by state lawmakers and headed to Democratic Gov. Jared Polis.
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May 13, 2024
Okla. To Allow 1% Local Sales Tax For Medical Service Funds
Oklahoma counties will be able to levy a sales tax of up to 1% to fund emergency medical services with voter approval under a bill signed by the governor.
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May 13, 2024
Mass. Tax Board Rejects Plea To Cut Home Valuation
A Massachusetts homeowner's argument that his property was overvalued because its assessment increased by a higher percentage than those of neighboring properties was rejected by the state's tax appeals board in a decision released Monday.
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May 13, 2024
Ohio Revenue Through April $1.1B Under Projection
Ohio general revenue collection from July through April trailed budget estimates by $1.1 billion, according to a monthly report by the state Office of Budget and Management.
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May 13, 2024
Calif. Total Receipts Through April Drop $4.8B From Estimates
California's total receipts from July through April sank $4.8 billion from the governor's 2024-2025 budget, according to a monthly report by the state controller.
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May 13, 2024
Ind. General Revenues Beat Budget Estimates By $23M
Indiana's total general fund revenues in July through April were roughly $23 million higher than budget forecasts, according to a report by the State Budget Agency.
Expert Analysis
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Making The Most Of New Tax Credits For EV Charging Stations
The Inflation Reduction Act recently extended, expanded and renewed the tax credits available for electric vehicle charging station projects — but developers must navigate new challenges, including geographic and prevailing wage requirements, to take full advantage of the updated credits, says James English at Clark Hill.
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Key Income Tax Issues Triggered By Remote Employees
A host of fact-specific tax determinations arise in connection with remote work arrangements, from defining working-condition fringe benefit exclusions to nexus-dependent state withholding obligations, complicating compliance for corporate tax counsel and human resources professionals, say Thomas Cryan and Spencer Walters at Ivins Phillips.
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Justices Poised To Reject Narrowing Unclaimed Property Law
After U.S. Supreme Court oral arguments in the so-called MoneyGram case — a dispute between Delaware and several other states over which has the right to about $300 million in unclaimed property — the court seems ready to rule against Delaware, but nuances of the court's reasoning will have a broader sweep, say attorneys at Alston & Bird.
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Digital Tax In Md., Incentives In Ore.: SALT In Review
From the defeat of Maryland's tax on digital advertising to incentives proposed in Oregon, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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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.