State & Local
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November 21, 2024
MTC Panel Shelves Real-Time Sales Tax Audit Proposal
The Multistate Tax Commission's Audit Committee opted not to proceed with considering a tax practitioner's proposal to develop a real-time sales tax audit program, but the project could be revisited after the intergovernmental organization fills vacant auditor positions, the panel's chair said Thursday.
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November 21, 2024
Minn. Tax Court Won't Revisit Stipulated $1M Property Value
The Minnesota Tax Court rejected a challenge to a $1 million property valuation, saying it had already set that value to reflect a stipulation reached between the local assessor and the previous owner for the assessment date at issue.
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November 21, 2024
Florida Co.'s Purchases For Attractions R&D Are Exempt
A Florida taxpayer's research and development expenses related to the development of new engineered attractions qualify for the state's research and development exemptions, the state Department of Revenue said in an advisement released Thursday.
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November 21, 2024
Miss. Collections Through Oct. Down $39M From Last Year
Mississippi's general revenue collection from July through October underperformed the same period in the last fiscal year by $39 million, according to the state Department of Revenue.
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November 20, 2024
Fla. Couple Ask To Revive Suit Over Unclaimed Property
A Florida couple asked the Eleventh Circuit Wednesday to revive their proposed class suit against the state's chief financial officer over a law that allows officials to hold unclaimed money indefinitely, arguing that it is a taking without just compensation because the state never pays interest on the amount held.
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November 20, 2024
NY Agency Says Ex-CUNY Employee's Payout Is Tax-Exempt
A pension payment from the City University of New York to an employee who left CUNY before being vested in the retirement program is still tax-exempt retirement income, the state's tax department said.
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November 20, 2024
NY Dept. Finds Partnership Distributions Not Tax-Exempt
Distributions from a certified public accounting firm to a retired partner incur New York state personal income tax, the state tax agency said, finding the distributions don't conform to the definition of retirement income under federal statute and aren't considered tax-exempt annuity payments under state regulations.
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November 20, 2024
NJ Court Must Revisit Assessor's Workplace Retaliation Claim
A New Jersey trial court must revisit a municipal tax assessor's workplace retaliation claim as the case used by the court in its decision doesn't exempt assessors from the state's employee protection law, an appellate panel ruled Wednesday.
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November 20, 2024
Va. Tax Applies To Co.'s Service Fees, Tax Commissioner Says
A furniture business that sells to customers in Virginia owes sales tax on delivery and installation fees because the services are provided in conjunction with products, the Virginia tax commissioner ruled.
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November 20, 2024
NY Finds Gov't Worker's Retirement Distributions Subtractable
A distribution from a federal government retiree's thrift savings plan is not subject to New York state income tax, the state's tax department said.
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November 20, 2024
NY Says Changes To Fed. Tax Return Reset Refund Timeline
A couple living in Switzerland for part of each year timely filed their claim for overpaid New York state income taxes dating back to 2011 soon after winning double-taxation relief under the Swiss-U.S. tax treaty in 2018, the state's tax department said.
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November 20, 2024
NY Tax Withholding Not Needed For Foreign Board Member
A New York company that appointed an Italian citizen to its board of directors does not have to withhold state income tax for payments made to that board member, the state's tax department said.
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November 20, 2024
Pennsylvania Justices Nix Alcatel-Lucent's $4M Tax Refund
Recent precedent should not be applied retroactively when deciding if a flat-dollar cap on Alcatel-Lucent's net loss deduction violated the Pennsylvania Constitution, the state's Supreme Court ruled Wednesday, nixing the company's $4 million income tax refund granted by a Commonwealth Court panel.
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November 20, 2024
NJ Power Broker, Attys Demand Wiretap Docs In RICO Case
George E. Norcross III, a politically influential insurance executive in New Jersey, and others accused alongside him of a massive racketeering scheme demanded Wednesday that state prosecutors turn over complete wiretap application information dating back to 2016, arguing that those details form the core of the state's case against them.
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November 20, 2024
NY Says LLC's Partners Can Subtract Payroll Expense Shares
Partners of a New York limited liability company may subtract from their state taxable income their distributive shares of payroll expenses that were not allowed to be deducted from their federal income, the state's tax department said.
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November 20, 2024
NY Says Couple Can't Carry Forward Charitable Deduction
A New York couple cannot carry over a deduction for a charitable donation to subsequent tax years as there is nothing in the state's statutes that allows for such a move, the state's tax department said.
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November 20, 2024
Boston Mayor Touts Property Tax Relief Bill Before Panel
Massachusetts lawmakers should allow Boston to adjust its property tax calculations to stabilize the share borne by residences, mitigating an impending tax hike, and boost a business personal property tax exemption, Boston's mayor told a legislative panel Wednesday.
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November 20, 2024
La. Total Revenue In Oct. Falls $242M From Last Year
Louisiana revenue in October fell $242 million from the total for the same month last year, according to a report from the state Department of Revenue.
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November 20, 2024
Neb. Revenue Collection Through Oct. Matches Estimate
Nebraska's total net revenue from July through October was level with estimates, according to the state Department of Revenue.
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November 20, 2024
NY Resident Owes Tax On Bonuses For Work Out Of State
A New York resident who lived out of the country until late 2018 owes state and New York City tax on bonuses and stock units that were paid in 2019 for work done in prior years, the state tax agency said.
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November 20, 2024
Ill. Revenue Through Oct. Beats Forecast By $415M
Illinois' general revenue collection from July through October outpaced a government forecast by $415 million, according to the state Office of Management and Budget.
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November 20, 2024
Va. Furniture Retailer Correctly Taxed, Commissioner Rules
A Virginia furniture retailer that entered a lease agreement with a vendor for the use of product-imaging equipment but failed to remit the required sales and use tax was correctly issued an assessment, the state tax commissioner ruled.
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November 19, 2024
MTC Form Aims To Placate Tax Leery Post-Wayfair Sellers
The Multistate Tax Commission hopes to finalize a form that certifies that marketplace facilitators will collect taxes on behalf of marketplace sellers, a commission director announced Tuesday, saying the document would assuage concerns from sellers who are reluctant to halt their tax responsibilities.
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November 19, 2024
MTC Partnership Group Eyes Sourcing Of Business Income
The Multistate Tax Commission group working on the state taxation of partnerships pondered Tuesday how to source the business income of partnerships, especially those with complex structures.
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November 19, 2024
States Should Revisit Biz HQ Sourcing Rules, MTC Attys Say
States should rethink the concept of sourcing nonbusiness income to where a multistate company is commercially domiciled, Multistate Tax Commission attorneys suggested Tuesday, saying the expansion of remote work has made it more difficult to pin down where some companies' operations are headquartered.
Expert Analysis
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Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Sound Ideas And An Ill-Advised Gamble: SALT In Review
From potential reforms in Louisiana to tax incentives for a gambling company in Colorado, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Letting The People Decide: SALT In Review
RSM's David Brunori offers a look at tax-related ballot questions before the voters in 16 states this fall.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.