State & Local
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April 09, 2024
Tenn. House OKs Corp. Tax Change, $800M In Rebates
Corporations operating in Tennessee could be eligible for about $800 million in rebates for past tax payments along with reduced liabilities going forward under legislation approved by the state House of Representatives.
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April 09, 2024
Trump Loses 2nd Appellate Bid To Pause NY Criminal Trial
A New York state appellate judge refused Tuesday to delay Donald Trump's upcoming criminal hush-money trial while the former president challenges a gag order, just one day after a different appeals judge declined to halt the trial due to supposed jury pool bias.
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April 09, 2024
Biz Group Looks To Sink NY's Tax Rule For Internet Activities
A New York regulation outlining when certain online activities by out-of-state businesses exceed a federal law's protections against state income taxes unconstitutionally narrows the law's scope, the American Catalog Mailers Association said Tuesday in announcing a complaint filed in New York state court.
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April 08, 2024
NRA, LaPierre, Execs Seek To Ax $6M Misconduct Verdict
The National Rifle Association, its longtime CEO Wayne LaPierre and two other executives asked a New York judge to throw out a Manhattan jury's verdict that they improperly used donor money, among other misconduct, and owe the gun rights group a total of $6.4 million.
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April 08, 2024
No Tax Cuts Or Hikes In Va. Budget, Youngkin Now Says
Virginia would have neither tax cuts nor tax increases in the next biennial budget under an updated plan released Monday by Gov. Glenn Youngkin, who said he knew he must compromise with the Democratic-run General Assembly.
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April 08, 2024
Vermont Senate Receives New Top Income Tax Rate Bill
Vermont would create a top income tax rate of 11.75% under a bill passed by the state House of Representatives and sent to the state Senate.
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April 08, 2024
Minn. Retroactively Delays Cut To NOL Deduction
Minnesota is retroactively delaying a cut to its maximum income tax deduction for net operating losses under legislation signed into law Monday, correcting an error in a tax package enacted last year.
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April 08, 2024
RI Bill Would Expand Tax Break For Renewable Energy Items
Rhode Island would expand a sales tax exemption for renewable energy products under a bill introduced in the state Senate.
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April 08, 2024
Va. Will Allow Installment Agreements For 'Omitted' Taxes
Virginia will allow local officials to create installment agreements for those assessed taxes that should have been assessed in previous years, under a bill signed by Gov. Glenn Youngkin.
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April 08, 2024
Trump Can't Move Hush Money Trial, NY Appeals Judge Says
A New York appellate judge on Monday denied Donald Trump's request to halt his upcoming hush money trial due to what the former president cast as a hopelessly biased jury pool in Manhattan, as he awaited a hearing on his separate bid to lift a gag order.
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April 08, 2024
Tenn. Extends Counties' Ability To Hire Collection Agents
Tennessee removed the sunset date on a law that allows county trustees to hire collection agents to collect delinquent tangible personal property taxes under a bill signed by the governor.
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April 08, 2024
Md. Lawmakers OK Tobacco Tax, Vehicle Fee Boosts
Maryland smokers and motorists would pay about $453 million in additional taxes and fees in the next fiscal year under a $63 billion budget approved by lawmakers and heading to the governor.
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April 05, 2024
Parents Seek Justices' Review Of Private School Funding Law
Five Michigan families want the U.S. Supreme Court to hear their challenge to a Michigan constitutional provision that they say prevents them from using tax-advantaged education savings accounts to pay for religious school tuition, alleging the law amounts to religious discrimination.
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April 05, 2024
Arizona Loses Bid To Bar Federal Tax On One-Time Rebates
A federal court declined Friday to bar federal taxation of Arizona's one-time state tax rebates issued last year, rejecting the state's move for a preliminary injunction against the Internal Revenue Service.
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April 05, 2024
Iowa Senate Panel OKs Tax Withholding On Sports Betting
Iowa would levy the state's income tax on winnings from sports betting as part of a bill advanced by the Senate Ways and Means Committee.
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April 05, 2024
NH Revenues Through March Outpace Forecast By $104M
New Hampshire's general fund receipts were higher than budget estimates by $104 million from July through March, according to a monthly report by the state Department of Administrative Services.
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April 05, 2024
Colo. Expands Quarterly Sales Tax Filing To More Taxpayers
Colorado will allow the state Department of Revenue to authorize quarterly sales and use tax filings for more taxpayers under a bill signed by the governor.
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April 05, 2024
Disney, Eatery Co.'s Escheat Win 'Illogical,' Mich. Justices Told
Michigan's treasurer asked the state Supreme Court on Friday to find that audits of Disney and a restaurant company paused the statute of limitations to require them to turn uncashed checks over to the state, calling lower court rulings in the companies' favor "illogical."
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April 05, 2024
Mont. Revenue Through March Down From Prior Year
Montana general fund revenue from July through March was down $193 million compared with the same period last fiscal year, the state Department of Revenue said in a report.
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April 05, 2024
NC High Court Snapshot: Law Firm Battles Defamation Suit
The Supreme Court of North Carolina has a stacked calendar heading into spring arguments, from an appeal over Black-owned properties targeted for demolition to a law firm's attempt at dodging defamation claims over allegations of voter fraud.
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April 05, 2024
Ohio Tax Agency Finalizes Updated Regs For Data Processing
The Ohio Department of Taxation updated the definition of "automatic data processing" in state sales and use tax regulations, according to a final administrative rule dated Friday that incorporates guidance from a recent state Supreme Court ruling.
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April 05, 2024
Ore. Will Exempt Farm Machinery From Property Tax
Oregon will exempt farm machinery from property tax under a bill signed by the governor.
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April 05, 2024
Mo. General Revenue Through March Up $50M From 2023
Missouri's general revenue collections from July through March were $50 million higher than in the same period last fiscal year, the state Office of Administration said in a monthly revenue report.
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April 05, 2024
Mich. General Revenue Through Feb. Up $241M
Michigan general revenue collection from October through February was $241 million higher than during the same period last year, according to a monthly report by the state budget office.
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April 05, 2024
Maine Revenue Through Feb. Tops Estimate By $15M
Maine general revenue collection from July through February was up $15 million from the budget estimate, according to a monthly report by the state Department of Administrative and Financial Services.
Expert Analysis
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The Efficacy Of Real Estate Joint Venture Exit Strategies
The pandemic has highlighted the importance of negotiating exit strategies for joint ventures, but more may not be better — parties should carefully assess which options are best suited to the particular venture, factoring in certain helpful considerations, say Kris Ferranti and Jonathan Newman at Shearman.
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NY Tribunal Ruling Instructive On Sales Taxation Of Artwork
A recent ruling from the New York Tax Appeals Tribunal in a case involving purchase of a Picasso painting sheds light on two important tax-structuring issues in the art industry — the form-over-substance nature of sales tax and the proper analysis to determine whether property is purchased exclusively for resale, say Joseph Endres and Joshua Lawrence at Hodgson Russ.
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Justices Must Apply Law Evenly In Shadow Docket Rulings
In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.
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Federal Cannabis Bill Needs A Regulatory Plan To Succeed
The Marijuana Opportunity Reinvestment and Expungement Act, which was passed by the U.S. House of Representatives on Friday, is laudable but fundamentally flawed because it lacks a robust regulatory plan that would allow for bipartisan support, says Andrew Kline at Perkins Coie.
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Ohio Tax Talk: How Small Business Relief Would Work
Yazan Ashrawi and Raghav Agnihotri at Frost Brown discuss how a bill recently approved by the Ohio Senate would reduce federal income tax liability for pass-through entity owners of small businesses, and offer planning considerations for those taxpayers.
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What NJ Taxpayers Should Know About Russia Sanction Law
While several other states' pension funds have moved to divest themselves of Russian financial holdings, New Jersey's new law — swiftly introduced and enacted in response to Russia's invasion of Ukraine — appears to be the first legislation of its kind at the state level to limit economic development and tax incentives for private entities, say attorneys at Baker McKenzie.
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Kentucky Tax Talk: Inside Louisville's New Tax Regulations
Businesses of all sizes should reevaluate their obligations under the Louisville Metro Revenue Commission's new regulations governing local taxes, particularly given some unexpected changes and a stricter approach to the occupational license tax, say attorneys at Frost Brown.
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Mich. Unclaimed Property Rulings Offer Hope For Auditees
Two recent decisions from a Michigan circuit court, holding that commencing an unclaimed property audit does not toll the state's time limit to demand unclaimed funds, may offer property holders a glimmer of relief from burdensome, lengthy audits, say attorneys at Reed Smith.
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Pa. Tax Talk: Ambiguity Issue In High Court Qui Tam Ruling
The most concerning aspect of the Pennsylvania Supreme Court's recent decision in O'Donnell v. Allegheny County, finding that qui tam payments are taxable income, is the majority's steadfast assertion that there is no ambiguity in this interpretation — when the dissenting opinion proves there is, says Jennifer Karpchuk at Chamberlain Hrdlicka.
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Why I'll Miss Arguing Before Justice Breyer
Carter Phillips at Sidley shares some of his fondest memories of retiring Justice Stephen Breyer both inside and out of the courtroom, and explains why he thinks the justice’s multipronged questions during U.S. Supreme Court oral arguments were everything an advocate could ask for.
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Texas Tax Talk: Comptroller Appeals May Fuel Litigation
This Texas Supreme Court term has seen a very active comptroller bringing particularly aggressive arguments on appeal, such as those stretching the statutory language for tax liability, in a trend that could force taxpayers to litigate positions they thought were secure, say attorneys at Baker Botts.
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How Justice Breyer Influenced State Tax Jurisprudence
U.S. Supreme Court Justice Stephen Breyer, who announced his retirement last week, leaves behind a series of notable decisions that will continue to shape state and local taxation, especially in the areas of the commerce and equal protection clauses, say attorneys at Eversheds Sutherland.
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Takeaways From 6th Circ.'s RE Tax Foreclosure Ruling
The Sixth Circuit's recent decision in Lowry v. Southfield sheds light on when exactly real estate tax foreclosures can be avoided as fraudulent transfers, and could potentially impede municipalities' ability to collect unpaid property taxes through tax sales, says Scott Bernstein at Skolnick Legal Group.