State & Local

  • May 15, 2024

    Biz Founder Who Left Mass. Fights Tax On $4.7M Gain

    A $4.7 million capital gain from the sale of stock by a former Massachusetts resident should not be subject to that state's tax, a couple told a state appeals court, seeking to overturn a finding that the income was attributable to the state.

  • May 15, 2024

    In Hush Money Case, Jury May Choose To Keep Silent, Too

    Though Donald Trump's gag order violations have earned him a threat of jail time, First Amendment experts say jurors in the New York case will likely be free to speak their mind afterward if they want to — a dynamic that in rare instances has led to posttrial controversy.

  • May 14, 2024

    Tax Pact Council OKs Nexus, Registration Advice For States

    A Streamlined Sales Tax Board council on Tuesday approved a recommendation for states to provide remote sellers with at least 30 days to begin collecting sales tax after crossing economic nexus thresholds, and to use gross sales to calculate those thresholds.

  • May 14, 2024

    Texas Justices Leave Cities' Franchise-Fee Suit Tossed

    The Texas Supreme Court has refused to vacate a lower appeals court's order that allowed Hulu, Disney and Netflix to escape a lawsuit from 31 municipalities claiming the streaming platforms are required to pay 5% state franchise fees, holding that the municipalities have other remedies available.

  • May 14, 2024

    State Digital Goods Sourcing Proposal Advanced By Council

    States could apply the highest, lowest or a blended state and local tax rate inside a five-digit ZIP code area to sales of digital goods when buyers aren't required to provide their full address under a proposal advanced Tuesday by a Streamlined Sales Tax Governing Board council.

  • May 14, 2024

    Ore. Tax Court Says ABC Affiliates Must Apportion Separately

    The apportionment of corporate tax to Oregon by ABC must be made for each of its affiliates, not for the taxpayers as a group, the state's tax court said Tuesday, agreeing with the entertainment giant.

  • May 14, 2024

    Va. Gov. Signs Budget With No Tax Changes

    Virginia will not expand its sales tax base to include digital products, and it will not change current tax policy in any way, under a two-year budget signed by Republican Gov. Glenn Youngkin.

  • May 14, 2024

    NJ Total Revenues Through April Down $709M

    New Jersey general revenue collection from July through April dipped $709 million compared with the same period last year, the state Department of the Treasury reported Tuesday.

  • May 14, 2024

    Colo. Lawmakers OK Sales Tax Exemption For Modular Homes

    New modular homes would be exempt from Colorado's sales and use taxes, saving taxpayers about $1 million annually, under legislation passed by lawmakers and heading to Gov. Jared Polis.

  • May 14, 2024

    Okla. To Give Rebates To Pro Sports Teams That Create Jobs

    Oklahoma will provide rebate payments to offset payroll costs incurred by qualifying professional sports teams that create jobs in the state under a bill signed by the governor.

  • May 14, 2024

    NJ Tax Court Nixes Condo Owners' Exemption Claims

    A New Jersey condominium building is not eligible for a five-year property tax exemption because the developer and owners did not enter into a tax agreement with the city prior to the units being built, the state Tax Court ruled.

  • May 14, 2024

    Okla. Prohibits Additional Tax On Cryptocurrency Payments

    Oklahoma will prevent state and local governments from levying additional tax on payments using digital assets, such as cryptocurrencies, as part of a bill signed by the governor.

  • May 14, 2024

    La. April Revenue Beats Previous Year By $120M

    Louisiana's total revenue in April was $120 million higher than the same month last year, according to a report by the state Department of Revenue.

  • May 14, 2024

    Minn. Total Revenue In April $16M Ahead Of Forecasts

    Minnesota's total revenue in April beat budget estimates by $16 million, according to a report by the state Department of Management and Budget.

  • May 14, 2024

    Ga. General Fund Receipts Through April Down $341M

    Georgia's general fund receipts from July through April dropped $341 million from the same period last year, according to the state's Department of Revenue.

  • May 14, 2024

    Ex-Whiteford Taylor Business Co-Chair Joins Baker Donelson

    Baker Donelson Bearman Caldwell & Berkowitz PC has welcomed a new shareholder who spent more than a decade with the Internal Revenue Service and previously co-chaired Whiteford Taylor & Preston LLP's business department, the firm announced on Monday.

  • May 13, 2024

    Corp. Transparency Act An Overbroad Dragnet, 11th Circ. Told

    Congress exceeded its authority in passing the Corporate Transparency Act, which prompted the U.S. Treasury Department to solicit personal information for law enforcement purposes from those that registered and owned state-registered entities, a small-business group told the Eleventh Circuit on Monday.

  • May 13, 2024

    Alaska House Passes Bill To Levy 7% Marijuana Retail Tax

    Alaska would update its marijuana tax regime by levying a 7% tax on sales and phasing out the current $50 per ounce excise tax as part of a bill passed by the state House of Representatives.

  • May 13, 2024

    NY Appeals Court Upholds Fuel Distributor's Tax Bill

    A fuel distributor isn't entitled to a refund of New York taxes paid on 13.8 million gallons of fuel delivered to Citgo because the distributor failed to prove the taxes were paid twice, a state appeals court ruled.

  • May 13, 2024

    Colo. Lawmakers OK Agricultural Stewardship Tax Credits

    Colorado farms and ranches using certain agricultural stewardship practices would be eligible for tax credits of up to $300,000 under a bill approved by state lawmakers and headed to Democratic Gov. Jared Polis.

  • May 13, 2024

    Okla. To Allow 1% Local Sales Tax For Medical Service Funds

    Oklahoma counties will be able to levy a sales tax of up to 1% to fund emergency medical services with voter approval under a bill signed by the governor.

  • May 13, 2024

    Mass. Tax Board Rejects Plea To Cut Home Valuation

    A Massachusetts homeowner's argument that his property was overvalued because its assessment increased by a higher percentage than those of neighboring properties was rejected by the state's tax appeals board in a decision released Monday.

  • May 13, 2024

    Ohio Revenue Through April $1.1B Under Projection

    Ohio general revenue collection from July through April trailed budget estimates by $1.1 billion, according to a monthly report by the state Office of Budget and Management.

  • May 13, 2024

    Calif. Total Receipts Through April Drop $4.8B From Estimates

    California's total receipts from July through April sank $4.8 billion from the governor's 2024-2025 budget, according to a monthly report by the state controller.

  • May 13, 2024

    Ind. General Revenues Beat Budget Estimates By $23M

    Indiana's total general fund revenues in July through April were roughly $23 million higher than budget forecasts, according to a report by the State Budget Agency.

Expert Analysis

  • SC's Courts Have It Wrong On Amazon Marketplace Sales Tax

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    The South Carolina Supreme Court should step in and correct the misguided change in tax law effectuated by lower court rulings that found Amazon owes state sales tax for marketplace sales made prior to the U.S. Supreme Court’s Wayfair v. South Dakota decision in 2018, says Hayes Holderness at the University of Richmond.

  • Constitutional Shenanigans And Other Sports: SALT In Review

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    From a challenge to New York's end run on a federal law to voters' rejection of a sales tax that would aid Kansas City's major league teams, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues

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    Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Why Supreme Court Should Allow Repatriation Tax To Stand

    If the U.S. Supreme Court doesn't reject the taxpayers' misguided claims in Moore v. U.S. that the mandatory repatriation tax is unconstitutional, it could wreak havoc on our system of taxation and result in a catastrophic loss of revenue for the government, say Christina Mason and Theresa Balducci at Herrick Feinstein.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law

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    A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.

  • Speaking Of Ideas Hard To Swallow: SALT In Review

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    From a Pennsylvania bill that would force corporate tax disclosure to a proposed candy tax in California, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.

  • Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

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