State & Local
-
August 02, 2024
Shuttered Paper Mill Says NC Can't Claw Back $12M Incentive
Food and beverage packaging company Pactiv Evergreen has said it shouldn't have to repay the state of North Carolina $12 million in economic incentives after it shut down a local mill, arguing the underlying agreement is contradictory and the state is purely out for punishment.
-
August 02, 2024
Colo. Court Affirms Residential Tax Rate For Vacant Parcels
Two vacant parcels in Colorado were correctly classified as residential, the Colorado Court of Appeals said, upholding a state assessment board finding that the parcels were used in conjunction with an adjoining residential parcel.
-
August 02, 2024
HFZ Capital Cops To $86M Fraud Charges, Blames Ex-Chief
Defunct real estate firm HFZ Capital Group pled guilty in an $86 million criminal case Friday, admitting that its former top executive Nir Meir evaded New York City property taxes and stole funds from commercial and residential building projects.
-
August 02, 2024
Colo. Appeals Panel Rejects Lower Tax Rate For Hospital
A Colorado rehabilitation hospital should be classified as a commercial property for tax purposes because it was predominantly designed for its services and not for residency, a state appeals court said, reversing a state assessment board.
-
August 02, 2024
Ex-Loeb Tax Atty Latest Addition To Kilpatrick's NY Team
A former Loeb & Loeb LLP attorney is bringing his experience in U.S. federal tax matters and real estate transactions to Kilpatrick Townsend & Stockton LLP, the firm announced Thursday.
-
August 02, 2024
W.Va. July Revenue $2M Below Estimates
July, the first month of West Virginia's fiscal year, brought in $328.2 million in general revenue collection, falling below estimates, the governor said.
-
August 02, 2024
Ore. Tax Court OKs Tax Deduction For Travel To Alaska
An Oregon couple who operate a fishing business in Alaska are allowed to claim a deduction for travel expenses, the Oregon Tax Court said, reversing the Oregon Department of Revenue's determination.
-
August 02, 2024
Ohio Board Finds Park's Oil, Gas Production Area Tax Exempt
Space at a park in Ohio that is leased to a private entity to produce oil and gas is entitled to a property tax exemption, the state Board of Tax Appeals ruled Friday, saying the lessee's operations were incidental to the park's public purpose.
-
August 02, 2024
La. Outlines Rules For 2nd Amendment Tax Holiday In Sept.
The Louisiana Department of Revenue issued a bulletin outlining the types of hunting supplies and firearms that will be exempt from sales tax and use tax during three days in September.
-
August 02, 2024
Texas General Revenues Through July Higher Than Last Year
Texas brought in slightly more in general revenue through July than it did during the same period in the last fiscal year, the state comptroller's office said.
-
August 02, 2024
Taxation With Representation: Sullivan, Dechert, Kirkland
In this week's Taxation With Representation, BNP Parabis SA acquires an investment management subsidiary for €5.1 billion, Cleveland accounting firm CBIZ merges with competitor Marcum for $2.3 billion, and Arcosa Inc. inks a deal with a family-owned construction materials business for $1.2 billion.
-
August 01, 2024
MTC Deputy Executive Director To Depart For New Role
The Multistate Tax Commission's deputy executive director will be leaving the intergovernmental organization this month to take a position at the Federation of Tax Administrators, the head of the MTC announced Thursday.
-
August 01, 2024
Navistar Appeals $2.7M Ohio Receipts Tax Assessment
Navistar on Thursday appealed the Ohio tax commissioner's $2.7 million commercial activity tax assessment, telling the state Board of Tax Appeals that it was wrongly taxed on items sold at a reduced price, cash deposits and replacement parts.
-
August 01, 2024
Chipotle Bundled 'Service Fee' With Tax To Hide It, Suit Says
Chipotle customers filed a proposed false advertising class action in California federal court Wednesday accusing the fast-casual Mexican chain of tacking on secret "eye-popping service fees" bundled with a "tax" for online delivery orders at the end of the checkout process that purportedly ends up in Chipotle's own coffers.
-
August 01, 2024
Direct File Will Be Available In New Mexico, IRS Announces
New Mexico will participate in the Internal Revenue Service's free electronic tax return filing program known as Direct File in the 2025 tax filing season, the agency and the U.S. Department of the Treasury announced Thursday.
-
August 01, 2024
Biz Group Seeks Changes To Ore. Corp. Tax Ballot Measure
The explanatory statement for an Oregon ballot measure to impose a new minimum corporate tax and fund rebates to all individuals in the state must include additional information about its financial impact, a business group told an elections panel.
-
August 01, 2024
Alaska Extends Tax Break To Independent Power Producers
Alaska extended its broad tax exemption for public utilities to independent power facilities in a bid to encourage new energy development as part of a bill signed by the governor.
-
August 01, 2024
Mass. Panel Upholds Tax On NH Resident During Pandemic
The Massachusetts revenue commissioner was correct to deny an abatement of state taxes for a New Hampshire resident based in a Massachusetts office who worked at home during the COVID-19 pandemic, a state panel said.
-
August 01, 2024
Idaho Revenue In Fiscal 2024 Up $53M From Forecasts
Idaho's revenue collection in the 2024 fiscal year was $53 million higher than predicted, according to the state Division of Financial Management.
-
August 01, 2024
Mo. Video Service Fee Exemptions Not Retroactive, Cities Say
A new law that exempts streaming and satellite television services from video service provider fees does not render moot a group of cities' claim for back taxes from Netflix, Hulu, DirectTV and Dish, the cities told a Missouri circuit court.
-
July 31, 2024
Humana Appeals Fla. Tax On Gain From Failed Aetna Merger
Humana challenged Florida's bid to tax a portion of an $850 million merger termination fee it received from Aetna after a proposed merger ended after a court blocked it, arguing that the capital gain was nonbusiness income that wasn't apportioned to Florida.
-
July 31, 2024
Wash. Court To Rethink Gas Chain's Tax Duty On Fuel Cards
A Washington state appeals court said it would reconsider its May decision that a Pacific Northwest gas station chain that issued fuel cards to customers must pay the state business and occupation tax when holders of those cards purchase gas from other participating gas station chains.
-
July 31, 2024
Neb. Panel Considers Ending Income, Property Taxes
Nebraska would eliminate its income, corporate income and property taxes and fund the government with a consumption tax as part of a bill debated Wednesday.
-
July 31, 2024
Minn. Tax Court Agrees Parking Lot's Value Is $4M, Not $10M
A Minneapolis parking lot would be best valued as a buy-and-hold investment property and thus its assessed value should be lowered from $10.3 million to $3.9 million, the Minnesota Tax Court said.
-
July 31, 2024
Minn. Shopping Center's $97M Value Upheld By State Justices
A Minnesota shopping center was correctly valued for tax purposes at nearly $97 million, the state Supreme Court said Wednesday, rejecting the property owner's argument that the valuation should consider a calculation of effective rent instead of market rent.
Airbnb Appeal Of Tax On Guest Fees Rejected By Colo. Court
Key State, Local Tax Takeaways From July
'Tax Avoidance' Fuels Global Reporting Pushback, Pro Says
Airbnb Appeal Of Tax On Guest Fees Rejected By Colo. Court
Airbnb's fight against a $415,000 assessment by the city of Boulder related to short-term rental taxes on fees it collected was dismissed by a Colorado state judge, who said the law required taxing the amount the customer paid.
Key State, Local Tax Takeaways From July
From Disney joining IBM's fight to have the U.S. Supreme Court review a New York high court decision that upheld tax on royalties received from foreign affiliates to developments on the taxation of digital products, July was another busy month in state and local tax. Here, Law360 presents key SALT developments to know from the past month.
'Tax Avoidance' Fuels Global Reporting Pushback, Pro Says
A lobbying effort from multinational corporations to dissuade states from adopting mandatory worldwide combined reporting aims to keep billions of dollars in profits that were shifted into tax-friendly jurisdictions beyond the reach of tax administrators, a retired researcher from a progressive think tank said Wednesday.
Editor's Pick
-
Law360 Revenue Report Map Tracks Health Of State Coffers
As state coffers fluctuate because of federal pandemic aid drying up, demographics shifting and remote work becoming commonplace, Law360 Tax Authority is providing up-to-date coverage on state tax revenue with the launch of its Revenue Report Map.
-
Nev. Sales Tax Revenue In Jan. Rises $23.8M From Last Year
Nevada brought in $23.8 million more in sales tax revenue in January than in the same month last year, the state Department of Taxation said in a monthly report.
Featured Stories
-
The Tax Angle: TCJA Prep, IRS Phone Problems
From a look at Democrats' preparation to rewrite the 2017 GOP tax law to the Internal Revenue Service's continuing problems with providing customer service to tax professionals, here's a peek into a reporter's notebook on a few of the week's developing tax stories.
-
State & Local Tax Policy To Watch In The 2nd Half Of 2024
From a pending ballot measure in Oregon to raise taxes on large businesses to a special session in Nebraska focusing on sales and property taxes, some states could experience significant shifts to their tax systems in the second half of 2024. Here, Law360 examines policies to monitor during the rest of the year.
-
Ill. Seller Sourcing Fix Adds Fuel To Constitutional Complaints
A bill before Illinois Gov. J.B. Pritzker is being touted as a legislative fix to a contentious state law requiring retailers to base their sourcing methods on whether they are in-state or remote, but challengers of the law say the proposal would exacerbate an issue of unequal treatment.
Expert Analysis
-
How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
-
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
-
Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
-
Shake-Ups For Courts In Different Fields: SALT In Review
From the end of Chevron deference in the courts to the planned sale of the NBA's reigning champion, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
-
Kentucky Tax Talk: Appeals Court Revisits Leases' Tax Effects
With better facts and greater emphasis on the Kentucky Constitution, Walgreen Co. may succeed in its latest Kentucky Court of Appeals challenge to a tax assessor's method of valuing leaseholds on real property for purposes of determining ad valorem tax, say Mark Sommer and Elizabeth Ethington at Frost Brown Todd.
-
Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
-
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
-
Reading Between The Lines Of Justices' Moore Ruling
The U.S. Supreme Court's recent Moore v. U.S. decision, that the Internal Revenue Code Section 965 did not violate the 16th Amendment, was narrowly tailored to minimally disrupt existing tax regimes, but the justices' various opinions leave the door open to future tax challenges and provide clues for what the battles may look like, say Caroline Ngo and Le Chen at McDermott.
-
A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
-
Another Crack In The Shield: SALT In Review
From the latest assault on a federal shield against taxing out-of-state businesses to an update on beer taxes, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
-
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
-
Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
-
How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.