State & Local
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May 01, 2024
Mont. Tax Dept. Floats Updated Regs For Water's-Edge Filers
Montana would carry out recently enacted legislation that eliminated a requirement for a so-called water's-edge return to include income and apportionment factors from corporate affiliates incorporated in a now-defunct list of tax havens under regulatory updates proposed by the state Department of Revenue.
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May 01, 2024
RI Corp. Not Entitled To Untimely Refund, Division Rules
A corporation doing business in Rhode Island is not entitled to a refund of sales tax overpayment despite signing a statute of limitations waiver during an audit, the state Division of Taxation ruled.
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May 01, 2024
Collecting, Not Paying May Mean Penalties In MTC Program
The Multistate Tax Commission will make clear that a taxpayer that has collected but not remitted certain taxes during a grace period for liability will likely forfeit at least part of the grace period, an official said Wednesday.
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May 01, 2024
Miss. Narrows Tax Break For Entities That Support Colleges
Tax exemptions for Mississippi nonprofit foundations that support colleges will only be provided to properties that are exclusively used to benefit the schools under a bill signed by the governor.
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May 01, 2024
Ala. Extends Deadline For 2023 Pass-Through Entity Election
The Alabama Department of Revenue announced Wednesday that it has extended the due date for pass-through entities to file the election to be taxed as such in 2023.
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May 01, 2024
Colo. House OKs Boost To Affordable Housing Tax Credit
Colorado would increase the funds available for the state's affordable housing tax credits for six years under legislation approved Wednesday by the state House of Representatives.
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May 01, 2024
Miss. To Provide Tax Break For Aircraft Used In Commerce
Mississippi will provide a sales tax exemption for the sale, lease or transfer of aircraft to certified common carriers for the transport of people or property in interstate, intrastate and foreign commerce under a bill signed by the governor.
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May 01, 2024
Kan. Legislature OKs New Version Of Tax Omnibus
Kansas would restructure its income tax brackets and make other changes under another attempt at a compromise tax omnibus bill passed by the state Legislature, but the governor will likely veto it.
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May 01, 2024
Colo. Senate OKs Sports Betting Tax Revenue Ballot Measure
Colorado voters would be asked whether to allow the state to retain and spend certain sports betting tax revenue rather than refunding it to casinos under legislation approved by the state Senate on Wednesday.
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May 01, 2024
Colo. Senate Bill Seeks Income Tax Cut, Refund Changes
Colorado would lower its flat income tax rate for the current tax year and reduce the rate in upcoming years based on surplus revenues under legislation introduced in the state Senate.
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May 01, 2024
Colo. House OKs $650M Child Income Tax Credit
Colorado would create income tax credits for people with children that could total more than $650 million annually under legislation passed Wednesday by the state House of Representatives.
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May 01, 2024
NY Senate Bill Aims To Allow Tax Break For Commuting Costs
Workers for New York businesses could use pretax dollars from their compensation to pay for commuting expenses, including the costs for renting bicycles and carpooling, under a bill introduced Wednesday in the state Senate.
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May 01, 2024
Colo. House OKs Quantum Tech Investment Tax Credits
Colorado would create a pair of tax credits to promote investment in quantum technology development facilities, available only to entities receiving certain federal grants, under legislation passed by the state House of Representatives.
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May 01, 2024
Tax Credit Transfer Regs Show IRS Caution In Rulemaking
The IRS and Treasury's final rules on the sale and transfer of green energy credits maintained a strict reading of the statute while making few changes, a sign of caution by regulators amid judicial scrutiny of the government's rulemaking authority.
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April 30, 2024
TracFone Must Pay Wash. City's Utility Tax
Prepaid phone businesses are utilities and can be taxed as such under Washington state law, according to a state appeals court that had been posed such a question as part of a dispute between TracFone and a Seattle suburb.
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April 30, 2024
Taxing Business Inputs Still Vexes MTC Digital Work Group
A Multistate Tax Commission work group aiming to harmonize state tax rules for digital products continues to struggle with how to advise states on taxing business-to-business transactions associated with such projects, state officials said Tuesday.
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April 30, 2024
Colo. Beats Challenge To Fees In Transportation Funding Law
A conservative group has not shown that fees passed in a 2021 transportation funding package in Colorado exceeded the legislature's taxing authority, a state judge said, throwing out the group's challenge to the fees.
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April 30, 2024
Okla. Expands Allowed Disclosure Of Confidential Tax Info
Oklahoma expanded when the state Tax Commission may share confidential tax records and be immune from liability for the disclosure of such information under a bill signed by the governor.
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April 30, 2024
Okla. Will Allow Making Pass-Through Election With Filing
A partnership or S corporation in Oklahoma will be able to make the election to be taxed as a pass-through entity by filing a timely income tax return under a bill signed by the governor.
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April 30, 2024
Maine Gov. Vetoes Plan For New Top Income Tax Bracket
Maine's governor vetoed legislation that would have created a new tax bracket for high-income earners and expanded the tax bracket for the state's lowest income tax rate.
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April 30, 2024
Okla. Removes Limit On Industrial Development Tax Credit
Oklahoma will expand a tax credit for qualified economic development expenditures in industrial parks, removing a limit on the credit, under a bill signed by the governor.
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April 30, 2024
Va. Tax Head Says Some Corp. Fees Not Subject To Add-Back
A corporation filing a combined return for its affiliates in Virginia should have its exception to the state's add-back increased because buyer service fees should not be included in royalty expenses, the state tax commissioner ruled.
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April 30, 2024
IRS Rejects Arizona's Effort To Exempt State Tax Rebates
The state of Arizona can't sue the federal government to litigate the personal claims of its taxpayers, the Internal Revenue Service told a federal court in an effort to dismiss a bid by the state to exempt state tax rebates from federal income taxes.
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April 30, 2024
Va. Tax Head Orders Adjustment Of Liability Over NJ Rule
A corporation with affiliates filing in Virginia should have its corporate income tax liability adjusted because the amount of tax the affiliates paid to New Jersey was higher due to a state rule, the Virginia tax commissioner said.
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April 30, 2024
The Tax Angle: TCJA Teams, Dear Colleague Letters
From a look at House GOP efforts to prepare for next year's expiration of their 2017 tax overhaul to ongoing attempts by lawmakers to draw attention and support for their own tax legislation, here's a peek into a reporter's notebook on a few of the week's developing tax stories.
Expert Analysis
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Justices Poised To Reject Narrowing Unclaimed Property Law
After U.S. Supreme Court oral arguments in the so-called MoneyGram case — a dispute between Delaware and several other states over which has the right to about $300 million in unclaimed property — the court seems ready to rule against Delaware, but nuances of the court's reasoning will have a broader sweep, say attorneys at Alston & Bird.
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Digital Tax In Md., Incentives In Ore.: SALT In Review
From the defeat of Maryland's tax on digital advertising to incentives proposed in Oregon, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Texas Tax Talk: Previewing 2023 Legislative Priorities
Recent directives issued by the Texas House Ways and Means and Senate Finance Committees suggest high-profile items such as property tax reform, tax incentives for large, capital-intensive industrial projects, and more will be prioritized in the 2023 legislative session, say Alison Andrews and Matthew Larsen at Baker Botts.
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Rushed Multilateral Negotiations Caused Two-Pillar Tax Mess
Cracks appearing in the two pillars of the 2021 global tax plan stem from a multilateral tax policy process that rushed to issue rules without first resolving fundamental differences between countries or ensuring that the U.S., a key player, could implement them, says Jefferson VanderWolk at Squire Patton.
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Post-Litigation Refund Strategies To Defeat Class Certification
The Third Circuit's recent revival of the Duncan v. Governor of the Virgin Islands class action shows that defendants should strongly consider tendering refunds to class representatives — even after they file suit — to create a substantial obstacle to certification, say attorneys at Covington.
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Football In Florida, Chips In New York: SALT In Review
From the tax implications of an NFL star's relocation in Miami to the incentives that lured a chipmaker to upstate New York, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Internet Gaming Biz Hit The Jackpot With Wire Act Ruling
A Rhode Island federal court's order in IGT v. Garland last month — siding with the First Circuit's interpretation of the Wire Act and confirming it applies only to sports betting — opens up opportunities for interstate online gaming and gambling, which will entail harmonized regulation and taxation regimes, say attorneys at Blank Rome.
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The CHIPS Act: Key Takeaways For Semiconductor Industry
The Biden administration’s recently signed CHIPS Act signals that the U.S. is making progress toward bolstering the domestic semiconductor industry, and manufacturers must prepare by understanding the requirements of the act and associated Department of Commerce guidance, say attorneys at Miller & Chevalier.
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Groceries In SD, Streaming Services In Illinois: SALT In Review
From the South Dakota governor's proposed grocery exemption to the defeat of a tax on streaming services in Illinois, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Digital Taxation Is Necessary, But Tough To Manage
The U.S. government has started to tackle complex new tax laws as the digital economy continues to grow, but this demands guidelines that will facilitate the growth while protecting investors and the government's finances, say attorneys at Cadwalader.
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Whistleblowers Will Be Key To Curbing Cannabis Fraud In NY
As New York begins accepting license applications for its legal marijuana market, qui tam suits brought by whistleblowers under the New York False Claims Act will be a valuable tool for safeguarding the integrity of the developing industry, especially with regard to combating tax fraud, say Max Rodriguez and Sidney Cobb at Pollock Cohen.
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Tax Cuts Proposed In Fla., Vetoed In Calif.: SALT In Review
From Florida's proposed $1.1 billion in tax cuts to the California governor's veto of a business exemption, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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On And Off The Books: SALT In Review
From a ruling in South Carolina on the taxing of a bookseller's membership club sales to Louisiana's consideration of repealing its income taxes, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.