State & Local
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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.
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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.
Expert Analysis
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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.
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Start The Revolution Without Me: SALT In Review
From a sweeping push toward taxing the rich to a proposed tax review board in Indiana, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.