State & Local
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March 20, 2024
How The Supreme Court Could Narrow Chevron
After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.
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March 20, 2024
IRS Withholding Docs On Partnership Audits, Baker Atty Says
The Internal Revenue Service has not responded to a request for documents pertaining to the agency's scrutiny of large partnerships and should be forced to disclose them, an attorney with Baker McKenzie told a D.C. federal court.
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March 20, 2024
Breaking Down Each State's Climate Priority Policies
Forty-five states have now completed climate action plans outlining how they'll advance federal climate goals through policy and programs in coming years, with most focusing at least in part on real estate development as a way to reduce emissions.
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March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
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March 20, 2024
King & Spalding Adds Ex-PwC Tax Pro As Partner In NY
An experienced tax attorney has joined King & Spalding LLP in New York after working at PricewaterhouseCoopers LLP for six years.
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March 19, 2024
Chicago Voters Nix Tiered Rates On Real Estate Transfer Tax
Chicago voters rejected a contentious referendum Tuesday night that would have authorized the city to impose tiered real estate transfer tax rates including an increase for properties sold at $1 million and higher.
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March 19, 2024
Iowa Proposed Constitutional Amendment Seeks Flat Tax
Iowa would prohibit a graduated income tax rate and require corporate or individual income tax increases to be passed with a two-thirds vote under a proposed constitutional amendment introduced in the state House of Representatives.
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March 19, 2024
NJ Updates Compliance With Tax Pact
The New Jersey Division of Taxation readopted and amended regulations to maintain its compliance with the Streamlined Sales and Use Tax Agreement, the division announced Tuesday.
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March 19, 2024
10th Circ. Told Colo. Tax Ballot Title Law Flouts Constitution
A Colorado law requiring that financial impacts be included in the titles of some tax-related ballot initiatives is unconstitutional and should be overturned, a conservative group told the Tenth Circuit on Tuesday.
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March 19, 2024
NC Panel Rules Nonprofit Not Entitled To Tax Exemption
A North Carolina manufactured home community doesn't qualify for a charitable tax exemption because providing land for housing units isn't considered equivalent to providing affordable housing for low-income individuals, the state appeals court ruled Tuesday.
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March 19, 2024
AT&T Entity Challenges $78.5M R&D Tax Credit Denial In NJ
New Jersey's tax agency improperly denied an AT&T entity's attempt to carry forward nearly $78.5 million in research and development tax credits from closed tax years to an open tax year, the company argued in the state Tax Court.
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March 19, 2024
Ind. Board Finds Hobby Lobby Church Property Tax-Exempt
An Indiana church property that is owned by retailer Hobby Lobby and leased to a religious organization should be granted a property tax exemption, the state Board of Tax Review determined.
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March 19, 2024
Md. House OKs Special Tax Rates For Vacant Property
Maryland would let the Baltimore city council and county governments in the state impose special tax rates on vacant or abandoned property under a bill passed by the House of Delegates.
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March 19, 2024
Tenn. Committee OKs Franchise Tax Overhaul, $1.6B Rebate
Tennessee would revise its franchise tax and rebate about $1.6 billion in past payments under legislation approved Tuesday by a Senate committee over objections from the lone opponent on the panel that its funding mechanism was not clear.
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March 19, 2024
Ind. Tax Board Upholds Hotel's Valuation For Pandemic Years
A Holiday Inn-branded hotel was correctly valued by a local assessor, the Indiana Board of Tax Review determined after agreeing that the assessor's valuation better reflected the market conditions of the area during the COVID-19 pandemic.
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March 19, 2024
Colo. Panel OKs Expanding Historic Structure Tax Credit
Colorado would expand its tax credit for preservation of historic structures, reducing the age requirement for the properties, postponing the sunset of the credit and making other changes under legislation passed by the state House panel.
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March 19, 2024
Md. House OKs Property Tax Credits For Residential Projects
Local governments in Maryland would be authorized to grant property tax credits for certain hotel and residential developments that include affordable housing under legislation approved by the state House of Delegates.
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March 19, 2024
Utah Approves Income Tax Rate Cut
Utah's flat income tax rate will drop from 4.65% to 4.55% under a bill signed into law.
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March 19, 2024
Minn. House OKs Retroactive NOL Deduction Fix
Minnesota would retroactively delay the effective date of a cut to its allowable income tax deduction for net operating losses under legislation passed by the state House of Representative to correct an error in previous legislation.
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March 19, 2024
Md. House OKs Replacing EV Tax Credit With Rebate
The Maryland House of Delegates passed a bill that would repeal the state's electric vehicle excise tax credit and replace it with a rebate.
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March 18, 2024
Trump Can't Use Quasi-Advice Of Counsel Defense In NY Trial
Donald Trump cannot use an informal "presence of counsel" defense in the Manhattan district attorney's hush money case against him, a New York judge ruled Monday, rejecting a strategy that would have allowed the former president to blame his ex-attorneys without having to divulge details about the purported legal advice.
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March 18, 2024
Amazon Loses Rehearing Bid In $12.5M SC Sales Tax Dispute
Amazon does not merit a rehearing of a South Carolina appeals court panel ruling that the online retail giant owes the state $12.5 million in sales tax for marketplace sales made before the landmark Wayfair decision, the panel said Monday.
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March 18, 2024
NY Gov. Audits Pot Regulator After Troubled Rollout
New York Gov. Kathy Hochul on Monday announced an audit of the Empire State's embattled cannabis regulator to address the rocky implementation of the adult-use marijuana market, which has been plagued by delays, litigation and an explosion of unlicensed sellers.
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March 18, 2024
NJ Assembly OKs Easing Biz Tax Credit Rules
New Jersey would permanently relax the on-site employee location requirements for businesses claiming certain tax credits or grants as part of a bill passed Monday by the state Assembly.
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March 18, 2024
La. Tax Board Says Grainger Must Give Info On Other Protests
Industrial manufacturing and services company W.W. Grainger must provide documents relating to administrative protests in other states as it disputes its Louisiana corporate tax liability, the state Board of Tax Appeals ruled.
Expert Analysis
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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.
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Third-Party Sellers And A Redistribution Tax: SALT In Review
From a Pennsylvania ruling on third-party sellers to an Oregon proposal that would tax businesses and give the money to citizens, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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3rd Time May Be The Charm For Florida Cannabis Legalization
After two unsuccessful attempts at legalizing adult-use cannabis in Florida, strong electoral support combined with significant financial backing for a recently approved constitutional ballot initiative may finally result in success, say Ashlee Tising and Jonathan Robbins at Akerman.
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What AML Bill Could Mean For Firms, Funds And FinCEN
If passed, an amendment within Congress’ annual defense bill would expand the list of institutions subject to anti-money laundering regulations, from law firms to investment funds, creating potential rulemaking and enforcement challenges for the Financial Crimes Enforcement Network, say attorneys at Arnold & Porter.
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Kentucky Tax Talk: What's Next For Bourbon Barrel Revenue
By creating the Bourbon Barrel Taxation Task Force to help Kentucky regain a competitive edge in the state’s signature industry, the General Assembly has recognized the need to lessen the burden on distillers without causing detrimental harm to local revenue, say attorneys at Frost Brown.
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Tax Credits For Empty Garages In Calif.: SALT In Review
RSM's David Brunori offers his thoughts on noteworthy state and local tax news, starting with California's planned tax credits for households without cars.
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CORRECTED: New Tax Credits For Renewables Should Offer Investors Relief
The Inflation Reduction Act's changes to tax credits for renewable energy projects should finally liberate tax equity investors from the restraints of the complex and onerous federal anti-abuse regime, says Kay Hobart at Parker Poe. Correction: Because of an editing error, a previous version of this article incorrectly characterized tax enforcement regimes in North Carolina and other states. This error has been corrected.
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P.L. 86-272 And Tax Cuts Here And There: SALT In Review
From California's interpretation of P.L. 86-272 to calls for tax cuts in Idaho and North Dakota, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Unpacking The New Stock Buyback Tax And Its Exceptions
Xenia Garofalo and Kyle Colonna at Eversheds Sutherland discuss provisions of the recently enacted tax on corporate stock repurchases, how its exceptions may be applied and what companies should consider when evaluating the cost of new or existing programs.
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Mass. Retroactivity, Still, And Calif. Gases: SALT In Review
From Massachusetts' continuing pursuit of a retroactive tax to a California proposal to fight greenhouse gas emissions at the expense of the wealthy, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Ohio Tax Talk: Telework Case Shows Tax Grounds Eroding
The Ohio Supreme Court case Schaad v. Alder, which considers a city's right to temporarily tax remote workers during the pandemic, highlights how sustained increases in telework may undermine the rationale allowing municipalities to tax employee income regardless of their residence, say Yazan Ashrawi and Raghav Agnihotri at Frost Brown.
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Digital Ads In NM And Farms In NJ: SALT In Review
From New Mexico's proposed rules on digital advertising to New Jersey's move toward relief for farmers, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.