State & Local
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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.
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June 27, 2024
NY Historic Building Rehab Tax Credits Apply Per Structure
New York's $5 million tax-credit cap for rehabilitation projects of historic properties is applied on a per-structure basis even if multiple structures are included on a single application, the state Department of Taxation and Finance said in a declaratory ruling.
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June 27, 2024
Google Tells Md. Court Digital Ad Tax Violates Federal Law
Maryland's first-in-the-nation digital advertising tax violates a federal law protecting electronic commerce from discriminatory treatment as well as the U.S. Constitution, Google told the state's tax court during oral arguments Thursday.
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June 27, 2024
AG Says Trump Recusal Bid Relies On 'Distortion Of Facts'
New York's attorney general says Donald Trump is relying on a "distortion of facts" in seeking to oust the judge who ordered the former president to pay $465 million in penalties in his civil fraud case.
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June 27, 2024
Conn. Lawmakers OK Tax Changes For Cars, Insurance Biz
A Connecticut proposal to retool the state's motor vehicle tax regime in a bid to head off a potential tax increase, as well as change assessments on insurance companies, was passed by the state House on Thursday and next goes to the governor.
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June 27, 2024
Mich. Lawmakers OK Flexibilty For Remote Tribunal Hearings
The Michigan Tax Tribunal would be allowed to hold remote hearings for residential property and small-claims matters at one party's request under a bill passed Thursday by the state Legislature.
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June 27, 2024
Mich. Senate OKs Fix For Potential Double Tax On Deliveries
Michigan would allow certain marketplace facilitators of deliveries to deduct sales tax that they paid to sellers to avoid potential double-taxation issues under a bill approved by the state Senate.
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June 27, 2024
Ex-Skadden Tax Head And M&A Pro Joins Freshfields In NY
Freshfields Bruckhaus Deringer LLP has added the former head of the tax practice at Skadden Arps Slate Meagher & Flom LLP as a partner this week, who brings to the role experience in deals like 21st Century Fox's $71 billion acquisition by Disney and the merger of T-Mobile and Sprint.
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June 27, 2024
Fla. County Owes Tax To Other County, Fla. Justices Rule
The Florida Supreme Court ruled Thursday that counties are not immune from being taxed on properties they own in other counties, affirming a decision that said Pinellas County cannot claim sovereign immunity to duck taxes on property it owns in neighboring Pasco County.
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June 27, 2024
Ind. Tax Doesn't Apply To Practice's Supplement Purchases
An Indiana medical practice should be refunded sales tax paid on purchases of dietary supplements because the practice was able to prove the purchases were made for resale, the state Department of Revenue ruled.
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June 27, 2024
Ind. Biz Wrongly Taxed For Sales To Leasing Co., Dept. Says
An Indiana furniture retailer was wrongly assessed additional tax for sales it made to a leasing company, the state Department of Revenue said in a letter of finding.
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June 26, 2024
Conn. Senate OKs Changes To Tax On Cars, Insurance Cos.
Connecticut would change how it values and taxes motor vehicles, exempt some businesses from interest on certain tax underpayments and change the calculation of assessments on insurance companies under emergency-certified omnibus legislation the state Senate passed Wednesday at the start of a special session.
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June 26, 2024
Repatriation Tax Ruling May Sway State Wealth Tax Debates
The U.S. Supreme Court's upholding of the federal repatriation tax could indirectly affect state tax policy discussions, including by influencing consideration of wealth taxes and encouraging states to keep potential due process issues in mind when enacting tax legislation.
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June 26, 2024
Fiserv Co. Challenges Fla. Tax Sourcing Rules
Fiserv entity Checkfree asked a Florida state court to throw out a $4 million corporate income tax assessment, arguing that revenue from its payment facilitation services should be sourced out-of-state where the services are performed.
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June 26, 2024
5th Circ. Affirms Block On ARPA Tax Rule For Texas, La., Miss.
A Texas federal judge properly ruled that the federal government could not enforce a provision in the American Rescue Plan Act that prohibits states from using pandemic aid to offset tax cuts, the Fifth Circuit said.
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June 26, 2024
Maine's Revenue Through May Lags Estimates By $50M
Maine's revenue collection from July through May missed budget estimates by roughly $50 million, according to the state Department of Administrative and Financial Services.
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June 26, 2024
Wis. Revenues Through May Outpace Last Year By $232M
Wisconsin general revenue collection from July through May was $232 million higher than the same period last fiscal year, according to the state Department of Revenue.
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June 26, 2024
Idaho Tax Revenue Through May Down $36M From Forecasts
Idaho's revenue collection from July through May was $36 million lower than predicted, according to the state Division of Financial Management.
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June 26, 2024
Neb. Gov. Signals July Start To Property Tax Special Session
Nebraska's governor announced his intent to call the state's unicameral Legislature into a special session starting July 25 to focus on what he described as a worsening property tax crisis.
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June 26, 2024
Ariz. General Revenues Through May Up $314M From Forecast
Arizona's general revenue collection from July through May was $314 million higher than was forecast, according to the state Joint Budget Committee.
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June 26, 2024
Ore. Tax Court OKs Deduction For Horse Boarder's Biz Costs
The owners of an Oregon horse boarding facility that lost money for eight years operated it with a profit motive, the state tax court ruled, allowing the couple a tax deduction for the business expenses sustained.
Expert Analysis
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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.
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Cannabis Supercenters: Key Benefits And Legal Issues
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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Taxing The Digital Economy: The Good, The Bad And The Ugly
U.S. tech companies should watch for important developments in international taxation, including the resolution of Apple's decade-old state aid case, growing frustration with the Organization for Economic Cooperation and Development's global tax plan and adoption of the digital services tax instead, says Joyce Beebe at Rice University's Baker Institute for Public Policy.