State & Local
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September 24, 2024
Mo. Cannabis Shop Asks Appeals Court To Scrap County Tax
A Missouri appeals court should overturn a lower court's ruling that the state's constitution allowed a county to impose a cannabis tax on businesses that are also charged city taxes within its boundaries, a cannabis company told the court.
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September 24, 2024
Microsoft Fights Mich. Tax Treatment Of Cost Share Payments
Microsoft urged the Michigan Tax Tribunal to find that cost sharing agreement receipts from affiliates constituted licenses of intellectual property that should be included in its apportionment formula, arguing that the state's tax agency incorrectly followed federal transfer pricing rules in excluding the payments from its tax calculations.
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September 24, 2024
Mont. Regs Carry Out Individual Income Tax Changes
Montana has adopted regulations to implement legislation enacted in 2021 and 2023 that made substantive changes to the state's individual income tax under regulatory updates adopted by the state Department of Revenue, according to a notice published in the state register.
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September 24, 2024
Ohio Dept. Floats Sales Tax Regs To Define Transient Guests
Ohio would define "sleeping accommodation" and "transient guests" to carry out provisions of state sales tax law governing transactions between hotels and guests as part of regulations proposed by the state Department of Taxation.
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September 24, 2024
NY Marina Owes Sales Tax On Floating Docks Purchases
A New York marina owes sales tax on its purchases of floating docks because the docks do not qualify as the installation of a capital improvement, the state Department of Taxation and Finance said in a ruling released Tuesday.
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September 24, 2024
Propane Sales To NY Home Not Taxed, Tax Dept. Says
A New York homeowner who orders propane to heat a detached garage isn't required to pay state sales tax on the transaction, the state Department of Taxation and Finance said in an opinion released Tuesday.
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September 24, 2024
Calif. Authorizes Sending Sales Tax Notices Electronically
California authorized the state Department of Tax and Fee Administration to send electronic notices for sales and use tax assessments and determinations regarding various other taxes and fees as part of a bill signed by Gov. Gavin Newsom.
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September 24, 2024
NY Energy Tax Break Available For Apt. Buildings, Dept. Says
Gas and electricity used in a landlord's New York state apartment buildings, including common areas, are eligible for a sales tax exemption for residential energy sales, the state tax department said in an opinion released Tuesday.
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September 24, 2024
NY Dept. Says Online Directory Services Not Taxed
New York's sales tax isn't levied on a business that maintains an online directory listing people who represent claimants seeking disability benefits, the state Department of Taxation and Finance said in an opinion released Tuesday.
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September 24, 2024
NY Dept. Says Online Astrology Readings Not Taxable
A New York business that offers users personalized astrological birth-chart readings is not subject to tax because its services aren't taxable information services, the state tax department said in a ruling released Tuesday.
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September 24, 2024
NY Tax Dept. Says Foreign IT Services Are Taxable
A foreign company that provides information technology services to businesses in New York must collect and remit sales tax on receipts from clients within the state, the state Department of Taxation and Finance said Tuesday.
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September 24, 2024
Insurer Wants Quick Appeal At 8th Circ. In DOL Tax Fight
A health insurer will seek the Eighth Circuit's review after a federal judge refused to toss a suit from the U.S. Department of Labor claiming the company unlawfully took at least $66.8 million in Minnesota state tax liability from plans it administered to pay in-network providers.
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September 24, 2024
NJ Power Broker Says AG's 'Crime Thriller' Lacks A Crime
Powerful New Jersey businessman George E. Norcross III Tuesday called the Garden State's 111-page indictment alleging he led a scheme to strong-arm the acquisition of waterfront property in Camden through threats of economic and reputational harm a "crime thriller with no crime," and said it must be dismissed.
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September 24, 2024
NY Blood Bought To Treat Livestock Not Taxed, Dept. Says
Blood products are exempt from sales tax if bought for surgical procedures performed on certain livestock and poultry, the New York state tax department said in an opinion released Tuesday, but not if they are used on pets.
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September 24, 2024
Colo. General Fund Revenue In Aug. Down $63M
Colorado's general fund revenue in August was $63 million lower than it was in the same month last year, according to the state Department of Revenue.
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September 24, 2024
NY Escape Rooms Subject To Sales Tax, Dept. Says
Admissions charges to escape or "mystery" rooms, where customers participate in interactive challenges and activities, are amusements subject to sales tax, the New York state tax department said in an opinion released Tuesday.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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Calif. Policymakers Should Aid Crashing Cannabis Market
As California’s cannabis sector nears the brink of financial collapse, it may be time for the state government to seriously consider potential bailout programs for the embattled industry — though the crisis also presents strategic buying opportunities for those with a high tolerance for uncertainty, says Michelle Mabugat at Greenberg Glusker.
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What Came Of Texas Legislature's Long-Promised Tax Relief
Following promises of historic tax relief made possible by a record budget surplus, the Texas legislative session as a whole was one in which taxpayers that are large businesses could have done somewhat better, but the new legislation is clearly still a positive, say attorneys at Baker Botts.
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Looking Behind The Curtain Of Residential Transition Loans
As residential transition loans and securitizations of such loans grow increasingly popular, real estate stakeholders should take care to understand both the unique features and potential challenges offered by this novel asset class, say attorneys at Mayer Brown.
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Where Tax Policies Go Wrong: SALT In Review
RSM's David Brunori reviews the worst tax policies employed by state and local governments, then critiques recent tax developments in Oregon, New York and Boston.
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Mallory Opinion Implicitly Overturned NC Sales Tax Ruling
The U.S. Supreme Court recently declined to review Quad Graphics v. North Carolina Department of Revenue, but importantly kicked the legs from under Quad's outcome a week later, stating in its Mallory decision that the high court has the prerogative to overrule its own decisions, says Richard Pomp at the University of Connecticut.
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Delicious In Conn., Less Tasty In La.: SALT In Review
From Connecticut reducing its beer tax to Louisiana retaining its franchise tax, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Review Of Repatriation Tax Sets Justices On Slippery Slope
The U.S. Supreme Court’s recent decision to review the constitutionality of the repatriation tax in Moore v. U.S. has implications for many tax rules involving unrealized amounts and could leave the court on the brink of invalidating large swaths of the Internal Revenue Code, say attorneys at Eversheds Sutherland.
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How To Avoid A Zombie Office Building Apocalypse
With national office vacancy rates approaching 20%, policymakers, investors and developers will need to come together in order to prevent this troubling trend from sucking the life out of business districts or contaminating the broader real estate market, say Ryan Sommers and Robyn Minter Smyers at Thompson Hine.
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Ohio Tax Talk: Building On Federal Affordable Housing Credit
Ohio's soon-to-be-implemented low-income housing tax credit could significantly affect the state's affordable housing landscape and influence tax-credit deal financing for these projects, though Senate changes may have dampened the new credit's immense potential, say Raghav Agnihotri and Rachael Chamberlain at Frost Brown.
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Holding These Truths Incontrovertible: SALT In Review
RSM's David Brunori offers his thoughts on noteworthy state and local tax news, beginning with "almost irrefutable" observations delivered at a recent tax seminar.
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LA's High-Value Real Estate Transfer Tax Should Be Scrapped
Los Angeles’ recently implemented high-value property transfer tax has chilled the real estate market, is failing to meet revenue expectations and raises significant constitutional concerns, making it a flawed piece of legislation that should be invalidated, says attorney Paul Weinberg.
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Avoiding Negative Tax Consequences In Loan Modifications
Borrowers who may be caught in the dramatic uptick in nonperforming commercial real estate loans should consider strategies to avoid income and capital gains tax that may be triggered by loan modifications, says Aman Badyal at Glaser Weil.
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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.