State & Local
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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
-
Kentucky Tax Talk: Where Art Thou Kentucky Amnesty?
Attorneys at Frost Brown unpack the reasons why Kentucky's tax amnesty program never got off the ground this year, why implementation in 2023 won't be impeded by similar hurdles and how administration of the program may affect other Department of Revenue services once it gets going.
-
5 Proof Of Domicile Takeaways From Calif. Tax Appeals Ruling
The California Office of Tax Appeals' recent Beckwith decision, which boiled down to a dispute over when a taxpayer moved from Tennessee to California for income tax purposes, provides valuable lessons on the evidence needed to establish the ties and intent that underlie tax domicile and residence, says Eric Coffill at Eversheds Sutherland.
-
The Tax Comity Doctrine And Other Oddities: SALT In Review
From the little-known tax comity doctrine to governments' continuing pursuit of streaming services, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
-
State AGs Are Realizing Power Of False Claims Statutes
State attorneys general appear to be ramping up investigations, prosecutions and interventions using long-underappreciated state and municipal false claims statutes, and early indications signal an increasing focus on cybersecurity misrepresentations, private equity firms' misconduct and securities fraud, say attorneys at Troutman Pepper.
-
Foreign Tax Credit Proposal Is Some Help, But More Is Needed
New foreign tax credit regulations proposed by the U.S. Treasury Department provided some measure of relief on cost recovery and royalty withholding, two of the most troublesome aspects of the 2021 final foreign tax credit regulations, but the final regulations are still harmful to many taxpayers, making litigation inevitable, say attorneys at Fenwick.
-
Expect Seamless Transition To Controversial Ariz. Flat Tax
The unexpectedly early implementation of Arizona's new 2.5% flat income tax rate in January should be a painless and welcome change for individual taxpayers, even as the long-term impact on state and local economies is the subject of debate, say Karen Jurichko Lowell and Pat Derdenger at Lewis Roca.
-
Tax Cuts Hither And Yon: SALT In Review
From proposed tax cuts in Mississippi and Montana to a new, voter-approved limit in Arizona, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
-
Midterms And Powerball: SALT In Review
From the midterm election results to the latest Powerball winner, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
-
Ohio Tax Talk: One Step Closer To Telework Income Tax Clarity
An Ohio court's recent ruling in Morsy v. Dumas that Cleveland must reimburse city tax on income an employee earned while she worked from another state during the pandemic is limited in the time period to which it applies, but may have important ramifications for the Ohio municipal income tax system as a whole, say Raghav Agnihotri and Rachael Chamberlain at Frost Brown.
-
30 Years of TABOR: SALT In Review
From the anniversary of the Colorado Taxpayer's Bill of Rights to a Missouri barkeep whose tax obligations reached beyond the grave, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
-
Rankings And Semiconductors: SALT In Review
From an annual ranking of states' business tax climates to yet another incentive package for the semiconductor industry, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
-
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.
-
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.