State & Local

  • September 24, 2024

    NY Tax Dept. Says Coffee-Flavored Drinks Not Taxed

    A New York business's sales of coffee-flavored products don't incur sales tax, the state Department of Taxation and Finance said in an advisory opinion released Tuesday.

  • September 24, 2024

    Ariz. Revenue Through August Tops Forecast By $119M

    Arizona's general revenue collection from July through August was $119 million higher than expected, according to the state Joint Legislative Budget Committee.

  • September 24, 2024

    NY Sales Tax Due On Vehicle's Lease Balance, Dept. Says

    A New York taxpayer who assumed a lease on a motor vehicle from another taxpayer owes sales tax on the remainder of lease payments despite tax being paid on the initial lease, the state Department of Taxation and Finance said in a ruling released Tuesday.

  • September 24, 2024

    NY Tax Applies To Tree Inventory Services, Dept. Says

    A company's tree inventory services are subject to New York sales tax because the custom reports the company gives clients constitute taxable maintenance and servicing of real property, the state Department of Taxation and Finance said in a ruling released Tuesday.

  • September 24, 2024

    Mich. Court Affirms Walmart Valuation As $5M Vacant Property

    The $5 million tax valuation of a Walmart store in Michigan will stand, the state court of appeals said, rejecting arguments by a local township that a tax panel was wrong to value it as if it were vacant.

  • September 24, 2024

    NY Tax Doesn't Apply To UK Biz's Motor Parts Purchases

    New York sales tax doesn't apply to a business's purchases of motor parts, because while the parts were purchased in New York, they were resold overseas, the state tax department said in a ruling released Tuesday.

  • September 24, 2024

    Miller & Chevalier Adds Federal Tax Expert From White & Case

    Miller & Chevalier Chtd. announced that it added a former partner at White & Case LLP to its tax controversy and litigation practice.

  • September 23, 2024

    NJ Justices Probe State's Role In Tax Sale Foreclosures

    The New Jersey Supreme Court on Monday probed whether the state's Tax Sale Law still holds up in the wake of a 2023 U.S. Supreme Court ruling that the government cannot profit from a property seizure, pondering the state's role in tax sale foreclosures and if a private, third-party lienholder could be considered a state actor.

  • September 23, 2024

    SC Judge Won't Rethink CarMax Transfer Pricing Ruling

    A South Carolina administrative law judge denied a request from CarMax to revisit his decision that the company used intercompany transactions to distort an entity's business activity and thus its tax burden in the state.

  • September 23, 2024

    Newsom Vetoes Tax Credit For Buyers Of Manufacturing Gear

    A California bill that would have provided purchasers of manufacturing equipment with state tax credits equal to the amount of nonexempt sales and use taxes paid on the purchase of equipment was vetoed by Gov. Gavin Newsom.

  • September 23, 2024

    The Tax Angle: Corporate Inversions, SALT Cap

    From a look at criticisms that the 2017 federal tax law failed to stop corporations from moving overseas to GOP efforts to navigate the SALT cap ahead of the November elections, here's a peek into a reporter's notebook on a few of the week's developing tax stories.

  • September 23, 2024

    NY Extends Industrial Property Tax Break Application Deadline

    New York state extended by four years to 2029 the deadline to apply for property tax abatements for eligible industrial and commercial buildings in New York City as part of a bill signed by Democratic Gov. Kathy Hochul.

  • September 23, 2024

    Disney Asks Justices To Review NY Tax On Foreign Royalties

    New York's highest court used the wrong standard for evaluating tax statutes for discrimination when it denied deductions that The Walt Disney Co. sought for royalties received from foreign affiliates, the company argued in a petition to the U.S. Supreme Court that Law360 obtained Monday.

  • September 23, 2024

    NJ Senate Bill Seeks To Ditch Transaction Nexus Requirement

    New Jersey would get rid of part of the state's remote sales and use tax nexus requirement, axing a part that specifies that retailers that make at least 200 transactions collect and remit the tax, as part of a bill introduced in the state Senate.

  • September 23, 2024

    NY Tax Applies To Trading Platform's Sales, Dept. Says

    New York sales tax applies to the receipts of a web-based exchange where people can trade foreign currencies, the state's Department of Taxation and Finance said in an advisory opinion.

  • September 23, 2024

    NY Sales Tax Doesn't Apply To Sales Of Energy Gels

    New York doesn't levy a sales tax on energy enhancing gels and chews because they are considered dietary foods and health supplements, the state Department of Taxation and Finance said.

  • September 23, 2024

    Minn. Court Won't Slash Home's $189K Tax Valuation

    A Minnesota homeowner's attempt to cut the tax valuation of his home by nearly one-third was rejected by the state tax court, which said his use of comparable sales fell short of the evidence needed to overturn the assessment.

  • September 23, 2024

    SC General Fund Revenue Up $184M From Last Year

    South Carolina's general fund revenue from July through August beat last year's total for that period by $184 million, according to the state Board of Economic Advisors.

  • September 23, 2024

    Squire Patton Tax Ace Joins Winston & Strawn In Dallas

    Winston & Strawn LLP announced Monday it has expanded its tax offerings with the addition of an experienced attorney from Squire Patton Boggs LLP in Texas.

  • September 23, 2024

    Walmart Accused Of Wrongly Taxing Delivery Fees In Fla.

    Walmart unlawfully collects sales tax on delivery fees in Florida, a customer claimed in a proposed class action removed to federal court, saying the tax cannot apply if customers may choose to pick up the order themselves.

  • September 23, 2024

    ND General Revenues Up $350M Over Budget Forecast

    North Dakota's general revenue collection from July 2023 through August 2024 came in $350 million over estimates, according to the state's Legislative Council.

  • September 23, 2024

    RI General Revenue Collection Beats Estimates By $49M

    Rhode Island's total general revenue exceeded budget estimates by $49 million for July through August, according to the state Department of Revenue.

  • September 23, 2024

    Ala. Biz Tax Refund Denied For Lack Of Family Entity Election

    An Alabama taxpayer was properly assessed business privilege tax in 2021 after failing to file the correct form to be considered a family limited liability entity, the state Tax Tribunal ruled.

  • September 20, 2024

    NY Sales Tax Applies To Use Of Portal Software, Dept. Says

    New York state and local sales taxes apply to charges for the use of a web portal host's software by customers and applicants, the state tax department said, finding the charges constitute the sale of prewritten software.

  • September 20, 2024

    NJ Explains Sales Tax Reduction Phaseout For EVs

    New Jersey will subject zero-emission vehicles to a reduced sales tax starting Oct. 1, before increasing the levy in 2025, the state Division of Taxation said as part of an FAQ page released Friday that specified other tax changes.

Expert Analysis

  • Now Is The Time For State And Local Sales Tax Simplification

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    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.

  • Connecticut Tax Cuts And Missouri Movies: SALT In Review

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    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.

  • What To Make Of IRS' New Advance Pricing Guidance

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    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.

  • For NY Wind And Solar Projects, Some Tax Assessment Clarity

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    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.

  • The Reciprocal Tax Bill Is A Warning Shot At Pillar 2

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    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.

  • Cost To Gov't Means Justices Must Review NC Sales Tax Case

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    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.

  • Potential Risks And Benefits Of NY Cannabis Crop Rescue Act

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    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.

  • La. Franchise Tax, Minn. Home Seizure: SALT In Review

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    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.

  • How New York State Budget Will Affect Business Taxpayers

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    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.

  • Taxing The Internet And Remote Workers: SALT In Review

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    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.

  • How Cities Can Tackle Post-Pandemic Budgeting Dilemmas

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    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.

  • State Payroll Taxes Need Remote Work Reforms

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    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.

  • Cannabis Supercenters: Key Benefits And Legal Issues

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    Barstow, California’s novel plan to convert an abandoned mall into a cannabis supercenter could offer a potential blueprint for cannabis companies to thrive in a saturated market and for communities to repurpose underutilized retail spaces — but certain financing, zoning and leasing issues will need to be assessed, says Christopher Gordon at Fox Rothschild.

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