State & Local
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July 23, 2024
No Victims, No Fraud, Trump Says In $465M Judgment Appeal
Donald Trump has appealed the $465 million judgment against him, arguing that the New York attorney general exceeded her authority in her civil fraud suit against the former president because the statute in question does not apply to victimless transactions.
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July 23, 2024
Ariz. Court OKs Hospital District Tax For Legal Costs
A property tax levied to fund an Arizona hospital district's expenses including legal fees was properly authorized and did not require approval by voters, the Arizona Tax Court said, rejecting a suit by a local taxpayer.
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July 23, 2024
Alaska Creates Tax Credits For Cos.' Child Care Expenses
Alaska established a tax credit for expenditures made by businesses to operate child care facilities for employees' children under a bill that became law without the governor's signature.
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July 23, 2024
Ohio Municipal Airport Is Exempt From Tax, Board Rules
An Ohio municipal airport is exempt from property tax despite leasing certain hangars to private individuals, the state Board of Tax Appeals ruled Tuesday.
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July 23, 2024
SC Revenue Tops Fiscal Year Estimate By $364M
South Carolina's general revenue collection for the 2024 fiscal year was $364 million higher than a budget forecast, according to the state Board of Economic Advisors.
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July 23, 2024
Orrick Hires Ex-Winston & Strawn Tax Partner In Chicago
Orrick Herrington & Sutcliffe LLP announced the hiring of a former partner at Winston & Strawn LLP for its renewables tax equity and tax credit team.
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July 22, 2024
US Treasury Working To Extend Pillar 1 DST Compromise
As OECD-led negotiations continue on a taxing rights overhaul known as Pillar One after a missed June deadline, the U.S. Treasury Department is working to extend the political agreement between it and several countries to nullify their digital services taxes once the rights overhaul is implemented.
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July 22, 2024
SC County Can't Create Tax To Fund Private Roads, AG Says
A South Carolina county has the ability to create a special tax district to fund the creation and maintenance of public roads but not private roads, the state attorney general's office said.
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July 22, 2024
Ohio Tax Board Hikes CVS Property Value Back To $2.3M
An Ohio CVS had its valuation wrongly decreased to $1.4 million by the local tax board based on increased depreciation values and inferior comparable properties, the state's tax appeals board said, increasing the value back to $2.3 million.
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July 22, 2024
La. Floats Documentation Rules For Pass-Throughs, NOLs
The Louisiana Department of Revenue proposed regulations that list the information taxpayers must provide when reporting a net operating loss as a nonresident or when claiming a pass-through entity exclusion.
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July 22, 2024
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.
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July 22, 2024
Ill. Imposes 20-Year Time Limit On Property Tax Refund Claims
A 20-year time limit was set on refund requests that result from final orders of the Illinois Property Tax Appeal Board under a bill signed by Gov. J.B. Pritzker.
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July 22, 2024
Colo. Dept Says No Sales Tax On DNA Test Kits, Analysis
A company's sales in Colorado of DNA analyses and collection kits are not taxable, the state revenue department said in a ruling released Monday, but the company's use of the kits is subject to use tax.
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July 19, 2024
Pa. Bill Seeks Tax Exclusion For Affordable Housing Projects
Pennsylvania would exclude affordable housing projects developed through the federal Rental Assistance Demonstration program from the state's realty transfer tax under a bill introduced in the state Senate.
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July 19, 2024
Miss. Justices To Weigh Pipeline's Tax Bill On 3rd-Party Fees
The Mississippi Supreme Court agreed to hear the state tax agency's appeal of a trial court's ruling that negated a use tax assessment on third-party freight charges a pipeline company paid, opting to decide the case instead of sending it to an intermediate appeals court.
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July 19, 2024
NY Ice Cream Store Manager Not Liable For Tax, ALJ Says
The manager of a New York ice cream store is not the person responsible for the store's sales tax assessment, as he didn't have the authority to handle store finances, an administrative law judge said in a determination released Friday.
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July 19, 2024
Ohio Coal Plant Correctly Valued At $13M, Board Rules
A shuttered coal plant in Ohio was properly valued at $13 million, despite the plant owner's assertion that the buildings on the property had no value, the state Board of Tax Appeals ruled.
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July 19, 2024
Taxation With Representation: A&O Shearman, Gibson Dunn
In this week's Taxation With Representation, Cleveland-Cliffs Inc. buys Stelco Holdings Inc., KBR acquires LinQuest Corp., Blue Owl Capital Inc. purchases Atalaya Capital Management LP, and Amphenol Corp. buys two mobile networks units from CommScope.
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July 19, 2024
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.
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July 18, 2024
Neb. Gov. Unveils Plan For Property Tax Cuts
Nebraska's governor on Thursday revealed a plan to cut property taxes ahead of a special session of the state Legislature, proposing a hard cap on property tax increases and the elimination of over a hundred sales tax exemptions.
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July 18, 2024
Tax Pact Board Approves Digital Goods Sourcing Plan
The Streamlined Sales Tax Governing Board gave final approval Thursday to a proposal allowing states to 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.
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July 18, 2024
Ind. Tax Board Says German Cultural Center Not Tax-Exempt
The Indiana Board of Tax Review determined that an event center owned by an organization that promotes German culture doesn't qualify for a property tax exemption because the property is used for social purposes rather than cultural preservation.
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July 18, 2024
Ind. Tax Board Agrees With $2M Valuation Of Unfinished Home
An Indiana local assessor correctly valued an unfinished mansion at $2.2 million in 2021 and $2.4 million in 2022, a state review board determined after agreeing with the assessor's cost approach.
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July 18, 2024
Ex-Venable Trusts And Estates Partner Joins Stradling In LA
Stradling Yocca Carlson & Rauth PC announced that it launched a trusts and estates practice with the hiring of an experienced Los Angeles-based partner from Venable LLP.
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July 18, 2024
Pa. Eliminates Tax On At-Home Charging For EVs
Pennsylvania will eliminate the tax on electricity used to charge electric vehicles at private residences and impose an annual fee on some electric and hybrid vehicles under a bill signed by Gov. Josh Shapiro.
Expert Analysis
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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.
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Atty-Client Privilege Arguments Give Justices A Moving Target
Recent oral arguments before the U.S. Supreme Court in a case regarding the scope of the attorney-client privilege appeared to raise more questions about multipurpose counsel communications than they answered, as the parties presented shifting iterations of a predictable, easily applied test for evaluating the communications' purpose, say Trey Bourn and Thomas DiStanislao at Butler Snow.
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States Must Align Distribution Age Rules With Secure 2.0
To prevent unintended escheatment of retirement benefits, states will need to undertake legislative efforts to amend unclaimed property standards that conflict with the Secure 2.0 Act's required minimum distribution age increases, says Michael Giovannini at Alston & Bird.
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Va. Tax Nixed, NJ Shoplifter Targeted: SALT In Review
From a tax declared unconstitutional in Virginia to a New Jersey prosecutor's attempt to include sales tax in a shoplifting charge, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.