State & Local
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July 02, 2024
Mass. Panel OKs Penalty For Filing Estate Tax 7 Years Late
A Massachusetts estate is liable for about $258,000 in penalties and interest for filing a required tax return seven years late, a state panel said in a decision released Tuesday.
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July 01, 2024
GoDaddy Shareholders Balk At Further Chancery Delay
A special litigation committee that GoDaddy Inc. created in September 2023 in response to shareholder litigation over an $850 million tax asset buyout has 30 days to convince a Delaware Chancery Court judge that it is conducting a good-faith investigation and cooperating with the suing shareholders.
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July 01, 2024
Ill. Tax Applies To Re-Renters Of Hotel Rooms, Dept. Says
Illinois will impose an occupation tax on people who re-rent hotel rooms in the state as part of recently enacted omnibus legislation, the state Department of Revenue said.
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July 01, 2024
Calif. Ballot Measure Seeks Nix Of Tax Hike Threshold Change
California would scrap part of a ballot initiative that would have reduced the threshold needed for local governments to pass special taxes for public infrastructure and affordable housing projects under another ballot measure passed by legislators.
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July 01, 2024
Sealed Mich. Tax Panel Docs Protected From FOIA, Court Says
Confidential Michigan Tax Tribunal proceedings are shielded from public-records requests, a state appeals court ruled, rejecting the tribunal's claim that it's required to disclose confidential information unless it's exempt from release under the state's Freedom of Information Act.
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July 01, 2024
Calif. Allows Biz Tax Credit Refunds After Limitation Period
California will let taxpayers subject to a temporary business tax credit cap imposed by the state's recently enacted budget tax law elect to receive a refund for credits they otherwise could have claimed for the limitation period under a bill signed by Gov. Gavin Newsom.
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July 01, 2024
Womble Bond Adds Int'l Tax Partner In Houston Office
Womble Bond Dickinson has added a partner to its corporate and securities group in Houston who will focus on tax law and cross-border transactions, the firm announced.
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July 01, 2024
NJ Tax Court Sends E-Cig Tax Dispute To Trial
A trial is needed to determine whether an e-cigarette company destroyed its nicotine cartridges in order to reduce its audit liability and whether those trashed cartridges could still be taxed, the New Jersey Tax Court ruled.
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July 01, 2024
Nelson Mullins Adds 9-Attorney Tax Team In Houston
Nelson Mullins Riley & Scarborough LLP announced Monday that five partners and four other tax attorneys have joined its new Houston office from Chamberlain Hrdlicka White Williams & Aughtry, including a former Texas Supreme Court justice.
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July 01, 2024
Longtime IRS Trial Atty Joins Jones Day In NY
An attorney who spent his entire career at the IRS has moved to private practice at Jones Day, the firm said on Monday.
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June 28, 2024
NJ Lawmakers OK Corp. Tax Hike, Expansion Of Tax Credits
New Jersey would reinstate the nation's highest corporate income tax rate on large corporations, offer tax incentives for capital investments from artificial intelligence companies and relax employee location requirements for businesses to receive tax breaks, under legislation lawmakers passed Friday alongside the state's budget.
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June 28, 2024
Mont. Tax Dept. Adopts Updated Regs For Water's-Edge Filers
Montana will carry out recently enacted legislation that eliminated a requirement for a so-called water's-edge return to include income and apportionment factors from corporate affiliates incorporated in a now-defunct list of tax havens under regulatory updates adopted by the state Department of Revenue.
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June 28, 2024
Key State And Local Tax Takeaways From June
As state legislatures hurried to pass bills and finish sessions before the end of the fiscal year, and courts handed down several key decisions, June was a consequential month in the state tax world. Here, Law360 presents key state and local tax developments to know from the past month.
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June 28, 2024
Ohio Tax Applies To Quest Testing Kit Purchases, Board Says
Two Quest Diagnostics subsidiaries are not eligible for a refund of sales tax paid on testing kits, reagents and hormones because those items are not drugs exempt from tax, the Ohio Board of Tax Appeals said Friday.
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June 28, 2024
Mass. Senate OKs $5B Housing Bill Without Local-Option Tax
Massachusetts would authorize about $5 billion in bonding authority to promote housing under legislation passed by the state Senate that leaves out a local-option real estate transfer fee sought by Democratic Gov. Maura Healey.
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June 28, 2024
Fla. Won't Require Short-Term Ad Platforms To Remit Tax
Florida Gov. Ron DeSantis vetoed a bill that would have required short-term rental advertising platforms to collect and remit transient rental tax on bookings made through the platform.
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June 28, 2024
Vt. General Revenues Through May Up $41M From Last Year
Vermont's general fund revenue from July through May exceeded last year by roughly $41 million, according to a report by the state Agency of Administration.
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June 28, 2024
Mich. Revenues Through May Fall $530M From Last Year
Michigan's general fund revenues from October through May were down $530 million compared with the same period last fiscal year, the State Budget Office reported Friday.
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June 28, 2024
Taxation With Representation: Kirkland, Vinson, Skadden
In this week's Taxation with Representation, Aareal Bank AG and Advent International sell a property management and maintenance software company, Webtoon Entertainment Inc. and Tamboran Resources Corp. price initial public offerings, SM Energy Company acquires oil and gas assets, and Nokia sells Alcatel Submarine Networks to the French state.
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June 27, 2024
IRS To Offer Combined Filing For Energy Investment Credits
The Internal Revenue Service will let clean energy project owners that are claiming investment tax credits for more than 200 facilities file the claims with a single form, an agency official said Thursday.
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June 27, 2024
Calif. Budget Will Prevent Another Microsoft-Style Tax Win
A measure in California's new budget tax law, enacted Thursday, will potentially save the state more than $1 billion by preventing more wins like the one Microsoft secured when the state Office of Tax Appeals ruled it could include 100% of the dividends from foreign affiliates in its California sales factor denominator.
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June 27, 2024
Ill. Extends R&D Tax Credit, Adds Quantum Computing Credits
Illinois extended its research and development tax credit, expanded eligibility for a program that provides tax breaks to electric vehicle manufacturers and created tax credits for quantum computer component parts manufacturers under a bill signed by Gov. J.B. Pritzker.
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June 27, 2024
RI To Allow Single-Sales-Factor Apportionment For Banks
Rhode Island will allow banking institutions doing business that is subject to tax in and outside the state to apportion their income using only the receipts factor under a bill signed into law by the governor.
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June 27, 2024
Ind. Dept. Says Some Of Co.'s Software Purchases Are Exempt
The Indiana Department of Revenue ruled that only some purchases of prewritten software by a company are exempt from sales tax because the company proved it wasn't a purchase of tangible property.
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June 27, 2024
Nev. Regs Clarify Sales Tax Exemption Letters For Nonprofits
Nevada clarified under regulatory amendments approved by the state Legislative Commission that a letter providing for an exemption from sales and use tax for eligible nonprofit organizations applies only to tax liabilities that would have accrued on or after the date such a letter was issued.
Expert Analysis
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Chapter 100 Incentives Can Offer Relief For Mo. Solar Projects
Although the Missouri Supreme Court's decision last year in Johnson v. Springfield Solar 1 overturned the state's tax exemption for solar energy systems, solar developers may still be able to use other mechanisms, like Chapter 100 incentives, to offset project costs, say Lizzy McEntire and Anna Kimbrell at Husch Blackwell.
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Now Is The Time For State And Local Sales Tax Simplification
In the five years since the U.S. Supreme Court’s landmark decision in South Dakota v. Wayfair, state and local governments increasingly rely on sales tax, but simple changes are needed to make compliance more manageable for taxpayers, wherever located, without unduly burdening interstate commerce, says Charles Maniace at Sovos.
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Connecticut Tax Cuts And Missouri Movies: SALT In Review
From income tax cuts in Connecticut to film tax credits in Missouri, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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What To Make Of IRS' New Advance Pricing Guidance
Recent guidance on the IRS' goals for its advance pricing agreement system provides helpful insight into review and decision-making procedures for advance pricing agreement requests, but it also raises questions about the IRS' objectives, say Richard Slowinski and Stefanie Kavanagh at Alston & Bird.
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For NY Wind And Solar Projects, Some Tax Assessment Clarity
Recent legislation, which moots a challenge to New York’s discounted cash flow method for assessing solar and wind project real property taxes, lifts a cloud of uncertainty and brings new considerations for developers, investors and lenders, say attorneys at Hodgson Russ.
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The Reciprocal Tax Bill Is A Warning Shot At Pillar 2
A bill recently introduced in the House of Representatives to reciprocally tax countries deemed to have imposed discriminatory taxes on U.S. citizens and businesses takes aim at countries implementing the global minimum tax treaty known as Pillar Two, with which the U.S. has not complied, says Alan Cole at the Tax Foundation.
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Cost To Gov't Means Justices Must Review NC Sales Tax Case
The U.S. Supreme Court should review and overrule the North Carolina high court’s decision in Quad Graphics v. North Carolina Department of Revenue — an anticipatory overruling of precedent that expands the state sales tax base and imposes a stealth tax on the federal government, says Richard Pomp at the University of Connecticut Law School.
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Potential Risks And Benefits Of NY Cannabis Crop Rescue Act
Though proposed legislation in New York would help struggling cannabis farmers by allowing them to sell their crops directly to consumers, it poses numerous challenges for retailers and the state’s regulatory framework — and striking the right balance here will be crucial to shaping a sustainable, equitable industry, say Meaghan Feenan and William Wolfe at Harris Beach.
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La. Franchise Tax, Minn. Home Seizure: SALT In Review
From a proposal to phase out Louisiana's corporate franchise tax to the U.S. Supreme Court's ruling that a Minnesota county had no right to sell a woman's home for more than she owed, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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How New York State Budget Will Affect Business Taxpayers
The comprehensive state budget legislation recently finalized by New York Gov. Kathy Hochul and the state Legislature did not include some especially concerning tax proposals, but it will subject some state taxpayers to increased tax liability and lengthier appeals, say attorneys at McDermott.
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Taxing The Internet And Remote Workers: SALT In Review
From a New York ruling against the taxing of internet services to an attack on Philadelphia's taxing of remote workers, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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How Cities Can Tackle Post-Pandemic Budgeting Dilemmas
Due to increasing office vacancies around the country, cities may consider politically unpopular actions to avoid bankruptcy, but they could also look to the capital markets to ride out the current real estate crisis and achieve debt service savings to help balance their budgets, say attorneys at Cadwalader.
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State Payroll Taxes Need Remote Work Reforms
To alleviate employer confusion around remote employee payroll tax, lower enforcement costs and better compete for top talent, states should allow a specific number of remote work days without withholding, simplify their administrative requirements and coordinate their tax policy reforms, say attorneys at Miller Canfield.