State & Local
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June 25, 2024
Bristol-Myers Fights NJ City's $4.6M Fee On Campus Upgrade
Bristol-Myers Squibb asked the New Jersey Tax Court to reverse the state's upholding of a $4.6 million nonresidential development fee on renovations to buildings on a 91-acre campus, arguing the improvements were excluded from the levy.
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June 25, 2024
Hawaii Conforms To Fed. Code For Income, Estate Tax
Hawaii conformed its income tax and estate and generation-skipping transfer tax laws to the federal tax code as amended through 2023 under a bill signed by the governor.
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June 25, 2024
Ohio Floats Rules Outlining Administration Of Cannabis Taxes
The Ohio Department of Revenue published a proposed regulation outlining how the state will administer cannabis taxes, including assessment processes and recordkeeping requirements.
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June 25, 2024
Pa. Biz Group, Top Senate Tax Writer Oppose Biz Income Reg
A proposed Pennsylvania regulation outlining what constitutes apportionable business income improperly suggests that the state could enforce combined reporting and ignore precedent limiting the taxation of multistate corporations, a business advocacy group and chair of the state Senate's tax-writing committee have argued.
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June 25, 2024
Minn. Tax Court OKs Dept.'s DuPont Apportionment Method
The Minnesota tax department correctly applied an alternative method of apportionment to manufacturing company DuPont that better represented the company's taxable income in the state following transactions involving forward exchange contracts, the state's tax court ruled.
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June 25, 2024
DC Council OKs Tax Hikes On High-End Property, Payroll
Washington, D.C., would impose a special tax rate on high-end residential properties, boost the premium for the district's paid leave program and make other tax and spending changes under legislation passed Tuesday by the district council.
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June 25, 2024
Ariz. Court Slashes Value Of Low-Income Housing Complex
An Arizona housing complex subject to restrictions related to federal low-income housing tax credits was overvalued by a local assessor, the Arizona Tax Court said, slashing the valuation of the property by about three-fourths.
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June 25, 2024
T-Mobile Settles Gross Receipts Tax Dispute With Ohio
T-Mobile reached a settlement with Ohio over the company's claims that the state tax agency incorrectly sourced certain receipts and double-counted others when it issued a $775,000 commercial activity tax assessment, according to a state Board of Tax Appeals order issued Tuesday.
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June 25, 2024
La. Board Finds Part Of Water Levies To Be Illegal Tax
A portion of a conservation district's charges for pumping water is an unconstitutional severance tax, the Louisiana Board of Tax Appeals ruled, saying the charges weren't allowed to be used to fund a metering program.
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June 25, 2024
Ex-DOJ Atty Among New Trio At Chamberlain Hrdlicka
Chamberlain Hrdlicka White Williams & Aughtry has strengthened its tax controversy and litigation practice with the addition of three attorneys in Atlanta, including a former senior trial attorney in the Tax Division of the U.S. Department of Justice for more than three decades.
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June 25, 2024
Tax Pros Worry Credit Sales Could Raise Substance Issues
Tax professionals are concerned that deals involving a new way to sell clean energy tax credits for cash could face IRS scrutiny after the agency scored a high-profile win over a telecommunications company by deploying an aggressive interpretation of what's known as the economic substance doctrine.
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June 25, 2024
Ore. Tax Court Affirms $13M Valuation For Lowe's Retail Outlet
The Oregon Tax Court affirmed the $13.4 million tax valuation of a Lowe's home improvement warehouse, rejecting the company's argument that the property should be valued as if it did not have a lease in place.
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June 24, 2024
Conn. Gov. Calls Special Session To Address Tax On Cars
Connecticut's governor called on the state Legislature to convene a special session Wednesday to consider legislation affecting taxes imposed on motor vehicles and other provisions governing assessments on insurance companies and interest payments imposed on certain businesses that kept employees on payroll during the pandemic.
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June 24, 2024
MTC Modifies Draft Rule On Sourcing Trucking Receipts
The Multistate Tax Commission released a tweak to its draft alternative trucking sourcing rule that would strictly source receipts from ground transportation companies to the state of delivery during a meeting Monday.
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June 24, 2024
La. To Provide Sales Tax Rebates For Data Center Purchases
Louisiana will provide state and local sales and use tax rebates for taxes paid on the lease or purchase of eligible data center equipment and the development, acquisition or repair of qualified data centers under a bill signed by the governor.
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June 24, 2024
Ex-Chicago Alderman Gets Two Years For Boosting Law Firm
An Illinois federal judge on Monday sentenced former Chicago Alderman Ed Burke to two years in prison and fined him $2 million for using his official position to steer tax business to his personal law firm, closing what prosecutors called "another sordid chapter" in the city's history of public corruption.
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June 24, 2024
Hawaii Lowers Pass-Through Tax, Allows Credit Carryover
Hawaii cut the rate of tax it imposes on pass-through entities that elect to be taxed at the entity level and will allow pass-through tax credits to be carried forward to subsequent years under a bill signed by the governor.
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June 24, 2024
Tax Preparers Win Recommendation For Class Cert. In OT Suit
A group of tax preparers have met the requirements to form a class in a suit accusing their former employer of failing to pay overtime, a New York federal magistrate judge said, rejecting the employer's argument that their request for class status came too late.
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June 24, 2024
NM Sued Over Sustainable Building Credit Award Process
A New Mexico apartment complex alleges that the state violated its due process rights after it was denied sustainable building tax credits for most of its units, according to a complaint filed in federal court.
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June 24, 2024
Mass. Tax Board Won't Trim Home Value Over Area Conditions
A Massachusetts homeowner's testimony of the poor condition of nearby properties was insufficient to lower his home's assessed value, a state tax panel said in a decision released Monday, upholding the value found by a local assessor.
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June 24, 2024
Ariz. Includes New Jet Fuels In Definition For Excise Tax
Arizona expanded the definition of jet fuel subject to the state's 3.05-cent-per-gallon excise tax under legislation signed by Democratic Gov. Katie Hobbs.
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June 24, 2024
La. Cuts Severance Tax Rates On Certain Oil, Gas Production
Louisiana will temporarily reduce its severance tax rates on production from inactive and orphan oil and gas wells under a bill the governor signed.
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June 21, 2024
Supreme Court Leaves Lifeline For Billionaire Income Tax
The U.S. Supreme Court narrowed but did not entirely block the path to billionaire income tax legislation when the majority's opinion declined to weigh constitutional questions about taxing unrealized gains in its decision to uphold a mandatory repatriation levy.
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June 21, 2024
Vt. Lawmakers Override Veto Of Short-Term Rental Surcharge
Vermont legislators overrode the governor's veto of legislation that imposes a 3% surcharge on short-term rentals.
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June 21, 2024
Ore. High Court Affirms Tax On Out-Of-State Tobacco Co.
An out-of-state tobacco company is liable for Oregon's excise tax, the state high court said, agreeing with the Oregon Tax Court that the company's in-state sales activities nullified protections in federal law against triggering state taxation.
Expert Analysis
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Digital Biz Purchases And Tax Cuts In Texas: SALT In Review
From the taxing of digital business purchases to proposed tax cuts in Texas, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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3 Principles Should Guide MTC's Digital Products Tax Work
As the Multistate Tax Commission's project to harmonize sales tax on digital products moves forward, three key principles will help the commission's work group arrive at unambiguous definitions and help states avoid unintended costs, say Charles Kearns and Jeffrey Friedman at Eversheds Sutherland.
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OECD Treatment Of Purchased Ga. Film Credits Isn't Peachy
Producers considering Georgia as a prospective location for filming may already be concerned that the Organization for Economic Cooperation and Development's July decision will hamper the eventual 2026 or later sale of their Georgia film tax credits, says Alan Lederman at Gunster.
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A Milestone For Offshore Wind In Maine
Recently signed legislation directing Maine to procure up to 3 gigawatts of offshore wind by 2040 offers indisputable promise that the state will soon welcome commercial-scale offshore wind development off its shores, says Joshua Rosen at Foley Hoag.
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Mallory Ruling Doesn't Undermine NC Sales Tax Holding
Contrary to the conclusion reached in a recent Law360 guest article, the U.S. Supreme Court’s recent Mallory ruling shouldn't be read as implicitly repudiating the North Carolina Supreme Court’s sales tax ruling in Quad Graphics v. North Carolina Department of Revenue — the U.S. Supreme Court could have rejected Quad by directly overturning it, says Jonathan Entin at Case Western Reserve.
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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.