State & Local
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November 15, 2024
La. House OKs Sales And Use Tax On Digital Goods In 2025
Louisiana would impose sales and use tax on certain digital goods and services starting next year as part of a bill passed by the state House of Representative.
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November 15, 2024
Mass. Court Refuses To Set Defective Condo's Value At Zero
The owner of a Massachusetts condominium unit that he claimed was uninhabitable and worth nothing was lawfully denied the valuation abatement he sought, a state appeals court said Friday, upholding a tax board decision.
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November 15, 2024
Detroit 'Rain Tax' Stormwater Fees Upheld By Appellate Court
Fees that Detroit charges property owners to maintain its stormwater drainage system are not illegal taxes, a Michigan Court of Appeals panel held, finding that although the charges are effectively compulsory, they are not subject to constitutional restrictions on tax increases.
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November 15, 2024
NY AI Regulation Bill May Impede Tax Dept. Operations
A pending New York bill that would create a first-in-the-nation oversight system for artificial intelligence usage in state agencies could present challenges for the state's tax department, which has long employed automated operations to flag suspicious returns and weed out fraud.
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November 15, 2024
Ga. Rule Would Clarify Applying Of Sales Tax To Digital Goods
Georgia's Department of Revenue would clarify what and how digital goods would be taxed under the state sales tax when the goods became taxable Jan. 1, the department announced in a proposed rule.
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November 15, 2024
Taxation With Representation: Cravath, MoFo, Gibson Dunn
In this week's Taxation With Representation, Cardinal Health takes a majority stake in GI Alliance and acquires Advanced Diabetes Supply Group, Just Eat offloads Grubhub to Wonder Group, Rivian Automotive and Volkswagen Group launch a joint venture, and Ovintiv Inc. buys Montney Basin assets from Paramount Resources Ltd.
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November 15, 2024
Ind. Proposes Changing Biz Sourcing To Market Location
Indiana would change how receipts are sourced to the state to a more market-based system, with remote services being taxable if those who receive the service are in the state, according to a rule proposed by the Department of State Revenue.
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November 15, 2024
Louisiana House Passes Part Of Sales Tax Overhaul
A proposal to ax dozens of sales and use tax exemptions and eliminate a planned reduction to Louisiana's 4.45% sales tax next year passed the state House of Representatives, moving forward elements of the governor's larger tax plan.
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November 14, 2024
Defense Attys Urge Justices To Narrow False Statement Law
The National Association of Criminal Defense Lawyers is supporting ex-Burke Warren MacKay & Serritella PC attorney and former Chicago alderman Patrick Thompson's bid to convince the U.S. Supreme Court to overturn his conviction for lying to the Federal Deposit Insurance Corp., arguing that the government's "broad" reading of the relevant statute infringes on constitutional rights.
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November 14, 2024
Albright Moves Apple Foes' Patent Suit To California
Waco's U.S. District Judge Alan Albright has decided to send a patent lawsuit lodged in his court against Apple to the tech giant's home of California, calling the "minimal local interest" provided by local tax breaks "strenuously tied to this case at best."
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November 14, 2024
NY Gov. Brings Back Manhattan Congestion Pricing Plan
The resurrection of New York City's plan to charge all vehicles a fee for entering Manhattan's busiest corridor demonstrates a mad dash in the final months of the Biden administration to expedite infrastructure projects perceived as political lightning rods before President-elect Donald Trump takes office.
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November 14, 2024
DC Council Issues Housing Tax Break Emergency Resolution
The District of Columbia Council approved an emergency resolution to enact legislation to implement a competitive process for the provision of tax abatements for housing developments while a recently passed measure to permanently authorize that process faces congressional review before it becomes law.
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November 14, 2024
Colo. Tax Agency Floats MTC Reporting Rule For Partnerships
Colorado would implement partnership adjustment reporting requirements based on the model statute of the Multistate Tax Commission under a rule draft released by the state tax department to implement recent legislation.
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November 14, 2024
Amazon Tells SC Justices No Sales Tax Owed Pre-Wayfair
South Carolina's highest court should overturn an appeals court's opinion that Amazon was required prior to the landmark Wayfair decision to collect and remit sales tax on products sold on its marketplace in 2016 and owes the state $12.5 million in tax, the company told state justices.
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November 14, 2024
Mich. Lawmakers OK Research And Development Tax Credits
Michigan would offer a research and development tax credit up to $2 million for qualifying expenses under bills passed by the state Senate and sent to Gov. Gretchen Whitmer.
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November 14, 2024
HCA Healthcare, Fla. Dept. Reach Deal On $13.8M Tax Bill
HCA Healthcare Inc. and the Florida Department of Revenue have settled the company's claims that some of HCA's nonbusiness income was incorrectly classified as business income and a federal credit was not applied to HCA's $13.8 million corporate income tax assessment.
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November 14, 2024
Ohio General Revenue Collection Up $313M From Estimates
Ohio's total revenues from July through October beat estimates by $313 million, the state Office of Budget and Management reported.
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November 14, 2024
Ky. Revenues Through Oct. Rise $500K From Last Year
Kentucky general revenue collection from July through October rose roughly $500,000 compared with the same period last year, according to the Office of State Budget Director.
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November 14, 2024
Mass. Pitches Rule For Nonresident Apportionment
Massachusetts pass-through entities must apportion their income using the state's new single sales factor method to determine state income for their nonresident members, the state Department of Revenue said in a proposed regulation reflecting recent legislation.
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November 13, 2024
Boston Says Celebrity Chef Owes $1.6M In Taxes
The city of Boston is taking celebrity chef Barbara Lynch to court, alleging that for more than a decade she has failed to pay over $1.6 million in personal property taxes for her group of restaurants, which she is in the process of closing and attempting to sell.
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November 13, 2024
Detroit Fire Fee Ruling Concerns Mich. Justice
A Michigan Supreme Court justice on Wednesday said he was troubled by a lower appellate ruling he said seemed to imply that municipalities can work around a state law barring sneaky taxes, in this case by stating a charge for fire prevention services is really just the cost of a permit allowing property owners to do business in Detroit.
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November 13, 2024
Tax Fraud A Potential Topic In Lame-Duck Session, Aides Say
Congress could include disaster-related tax relief and a legislative fix in a year-end package to address rampant fraud associated with the employee retention tax credit, staffers for the House Ways and Means and Senate Finance committees said Wednesday.
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November 13, 2024
Louisiana House Panel Advances Sales Tax Overhaul
Louisiana would broaden its state sales tax to include more services and eliminate various exemptions and exceptions as lawmakers consider legislation to eliminate the corporate income tax as part of a group of bills the state House Ways and Means Committee agreed to Wednesday.
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November 13, 2024
Denver Voters OK Sales Tax Hike For Hospital
Denver will boost its total local sales tax rate by 0.34 of a percentage point under Issue 2Q, which voters passed, with the revenue from the tax slated for city hospital Denver Health.
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November 13, 2024
Ga. October Revenue $89M Less Than Prior Year
Georgia's October general fund receipts were $89 million less than in October 2023, according to the state Department of Revenue.
Expert Analysis
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Colorado Banking Brief: All The Notable Legal Updates In Q3
In the third quarter of 2024, Colorado's banking and financial services sector faced both regulatory updates and changes to state law due to recent federal court decisions — with consequences for local governments, mortgage lenders, state-chartered trust companies and federally chartered lenders serving Colorado consumers, says Sarah Auchterlonie at Brownstein Hyatt.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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Frames Of Deference: SALT In Review
From a challenge to New York state regulations that follows on the end of Chevron deference to a court ruling siding with the Nebraska Revenue Department's view of a tax deduction, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Navigating A Potpourri Of Possible Transparency Act Pitfalls
Despite the Financial Crimes Enforcement Network's continued release of guidance for complying with the Corporate Transparency Act, its interpretation remains in flux, making it important for companies to understand potentially problematic areas of ambiguity in the practical application of the law, say attorneys at Sidley.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Local Taxes And Repercussions: SALT In Review
From a study of local taxes to news that corporations will relocate to tax-friendlier places, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Financial Incentives May Alleviate Affordable Housing Crisis
There is a wide array of financial incentives and assistance that the government can provide to both real estate developers and individuals to chip away at the housing affordability problem from multiple angles, say Eric DeBear and Madeline Williams at Cozen.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.