State & Local
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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.
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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.
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May 13, 2024
NY Bill Seeks Property Tax Break For Upgrades To Cut Carbon
New York would create a property tax exemption for capital improvements made to residential property for the purpose of reducing carbon emissions under a bill introduced in the state Assembly.
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May 13, 2024
Tennessee Giving $1.6B In Corporate Franchise Tax Refunds
Tennessee will issue nearly $1.6 billion in corporate franchise tax refunds and cut the tax by about $400 million annually going forward under legislation signed into law by the governor.
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May 13, 2024
Ky. General Revenue Collection Up $461M From Last Year
Kentucky general revenue collection from July through April grew $461 million from the last fiscal year, according to a monthly report from the Office of State Budget Director.
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May 13, 2024
NJ Panel Seeks Oral Healthcare Product Tax Break In Compact
A New Jersey Assembly committee advanced a resolution Monday pushing for an amendment to the Streamlined Sales and Use Tax Agreement that would allow states to exempt oral healthcare products from sales tax.
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May 10, 2024
Ill. Remote Seller Rules Violate Wayfair, Calif. Seller Claims
A California-based business argued that Illinois' remote seller system presents unconstitutional burdens, telling the state tax tribunal that Illinois' varying sourcing rules and the quick pace by which it adopted economic nexus violate the U.S. Constitution's commerce clause.
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May 10, 2024
Nev. Tax Commission Floats Updated Regs For Remote Sellers
Nevada would clarify sales tax collection requirements imposed on remote sellers, marketplace sellers and marketplace facilitators under regulatory changes proposed by the state Tax Commission.
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May 10, 2024
Newsom Says No Tax Increases Planned In Calif. Budget
California would not increase taxes or impose new taxes under a revised budget plan presented Friday by Democratic Gov. Gavin Newsom.
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May 10, 2024
Ore. Court Drops Tax Value Of Rural Property
The Oregon Tax Court lowered the real market valuation of a rural property with outbuildings used for storage of a car collection, relying partially on the owner's cost approach to the value.
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May 10, 2024
Miss. To Lower Sales Tax Rate For Oil Cos.' Purchases
Mississippi will reduce the sales tax rate for equipment and services used to drill, survey or explore for oil, natural gas and other minerals to 4.5% as part of a bill signed by the governor.
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May 10, 2024
Colo. Lawmakers OK Quantum Tech Investment Tax Credits
Colorado would create a pair of tax credits to promote investment in quantum technology development facilities by entities receiving certain federal grants under legislation passed by the state Senate and heading to the governor.
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May 10, 2024
NY Senate Bill Seeks Excise Tax On To-Go Alcohol
New York would impose a 5% excise tax on sales of to-go alcoholic drinks under a bill introduced in the state Senate, with funds from the tax to be put toward substance use education and treatment programs.
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May 10, 2024
SD General Revenues Through April Up $24M Over Estimates
South Dakota's general revenue collection was up roughly $24 million over budget estimates from July through April, according to a monthly report by the state Bureau of Finance and Management.
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May 10, 2024
Use Of AI For Tax Comment Letters Poses Ethical Quandaries
While artificial intelligence can streamline the process of conducting a comprehensive review of complex, IRS-proposed federal tax regulations, tax attorneys must be aware of professional and ethical considerations when using it to help draft comment letters to submit to the agency.
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May 10, 2024
Mo. Net Revenue Collection Through April Up $280M
Missouri's net general revenue collection from July through April was $280 million higher than in the previous fiscal year, according to a report by the state Office of Administration, Division of Budget and Planning.
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May 10, 2024
Colo. Lawmakers OK MTC Method For Corp. Tax Reporting
Colorado would conform its method for determining the makeup of a combined corporate group with Multistate Tax Commission standards under legislation approved by lawmakers and sent to Democratic Gov. Jared Polis.
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May 10, 2024
Pa.'s General Revenue Collection Beat Estimates By $739M
Pennsylvania's general fund revenue from July through April was $739 million higher than budget estimates, according to a monthly report released Friday by the state Department of Revenue.
Expert Analysis
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Ohio Tax Talk: Telework Case Shows Tax Grounds Eroding
The Ohio Supreme Court case Schaad v. Alder, which considers a city's right to temporarily tax remote workers during the pandemic, highlights how sustained increases in telework may undermine the rationale allowing municipalities to tax employee income regardless of their residence, say Yazan Ashrawi and Raghav Agnihotri at Frost Brown.
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Digital Ads In NM And Farms In NJ: SALT In Review
From New Mexico's proposed rules on digital advertising to New Jersey's move toward relief for farmers, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Senate Cannabis Bill May Give Some Cos. A Competitive Edge
Though the recently introduced Cannabis Administration and Opportunity Act is unlikely to pass, it provides a bellwether for federal legalization, with a robust regulatory framework that would offer large food and beverage companies a structural advantage and poise multistate cannabis operators for further growth, say attorneys at Perkins Coie.
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NY's Out-Of-State Play And Ala.'s Add-Back: SALT In Review
From New York state's move toward taxing out-of-state entities' partnership sales to Pfizer's victory against Alabama's add-back rule, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Lessons For Federal Lawmakers As Calif. Alters Cannabis Tax
California recently eliminated a cultivation tax that had for years burdened the state’s licensed cannabis market, providing important lessons for federal lawmakers on cumbersome regulations and unduly high taxes as they debate legalization, says Raza Lawrence at Zuber Lawler.
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Texas Tax Talk: Ruling May Erode Pro-Taxpayer Presumption
Following the recent Texas Supreme Court opinion in Hegar v. Health Care Service, the state comptroller may try to limit the utility of a long-standing presumption that ambiguous tax statutes must be construed strictly against the taxing authority and liberally for the taxpayer, say attorneys at Baker Botts.
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MTC Activity And Tax Rebates All Over: SALT In Review
From the highly active Multistate Tax Commission to tax rebates seemingly everywhere, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Emerging SALT Trends For Cryptocurrency And NFTs
Attorneys at Venable discuss trends in state and local tax with respect to cryptocurrency and non-fungible tokens, and the issues for purchasers, sellers and owners in this growing marketplace that SALT authorities must address.
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E-Cigarettes And Film Tax Credits: SALT In Review
From excise taxes on e-cigarettes across the land to a study that bolsters doubts about film tax credits, RSM US LLP's David Brunori offers his thoughts on noteworthy state and local tax news.
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Inside The OECD Transfer Pricing Documentation Guidance
Excerpt from Practical Guidance
The Organization for Economic Cooperation and Development's recently modified documentation guidelines can assist tax administrations in developing requirements for transfer pricing risk assessments and evaluations, and help multinational entity taxpayers demonstrate satisfaction of the arm's-length principle, says Neil Aragones at Lexis Tax.
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Calif. Tax Board Nonresident Asset Ruling Raises New Issues
The California Franchise Tax Board's recent ruling on whether a nonresident's disposition of a partnership interest gives rise to California-sourced income raises new issues for sourcing gain or loss using partnership apportionment factors where unrealized receivables and inventory are involved, says Eric Coffill at Eversheds Sutherland.
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Tech Co.'s Suit May Create Hurdles For Research Tax Credits
The recently filed U.S. Tax Court case Perficient v. Commissioner — challenging standards under research credit regulations that determine whether research is funded by any grant or contract — could make it difficult to substantiate research tax credits, say Dennis St. Martin and Kevin Benton at Grant Thornton.
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A Close Look At The Decentralized Effort To Tax Digital Assets
Clarity on taxation is one of the biggest hurdles to mass adoption of cryptocurrency, and although digital asset innovation has consistently outpaced worldwide government regulation, recent efforts in the U.S. and elsewhere hint at an emerging standard, says Joshua Smeltzer at Gray Reed.