State & Local

  • April 03, 2024

    Capital One Owes Tax On Interest From Customers, Fla. Says

    Interest that Capital One entities received from credit card and loan customers based in Florida should be included in the companies' income that's apportionable to that state, the Florida Department of Revenue told a state court, rebutting the banks' claims that the income is sourced to out-of-state offices.

  • April 03, 2024

    Md. Lawmakers OK Special Tax Rates For Vacant Property

    Maryland would authorize its counties and the city of Baltimore to impose special tax rates on vacant or abandoned property under legislation approved by lawmakers and headed to the governor.

  • April 03, 2024

    Calif. OTA Backs Added Tax Charged To NY Couple

    The California Franchise Tax Board correctly ruled that a New York couple's unreported pension or annuity income should be included in the calculation of their adjusted gross income and California tax rate, the state Office of Tax Appeals said in an opinion published Wednesday.

  • April 03, 2024

    Pa. Court Revives Challenge To Lodge's Assessed Size

    A Pennsylvania couple is able to challenge the assessed square footage of their rental lodge despite a prior settlement with the local assessor, as the assessor later amended the listed square footage, the state's Commonwealth Court ruled Wednesday.

  • April 03, 2024

    Trump Ally Brings Ethics Query Over Judge's CNN Interview

    An ally of Donald Trump has raised ethics concerns about a senior D.C. federal judge, complaining that the judge's statements on CNN about the former president's statements about the judiciary was "highly prejudicial" toward Trump's four pending criminal cases.

  • April 03, 2024

    Grading State Tax Policy And Judging The 'Dirty 30'

    For the first time in a quarter-century, the Council on State Taxation, which represents the state tax interests of more than 500 multinational corporations, is led by someone who is not named Douglas L. Lindholm. Here, Law360 speaks with the organization's new president emeritus.

  • April 03, 2024

    Mich. Will Allow Local Excise Tax Increases On Hotel Stays

    Cities and townships in Kent County, Michigan, will be able to levy an excise tax on hotel and motel stays, if voters approve, under a bill signed by Gov. Gretchen Whitmer.

  • April 03, 2024

    Calif. Board Correctly Adjusted Woman's Liability, OTA Says

    The California Franchise Tax Board was correct when it assessed additional tax liability from a woman after her federal income was adjusted, the state Office of Tax Appeals ruled. 

  • April 03, 2024

    Ariz. Appeals Court Says Online Auto Parts Dealer Has Nexus

    An online auto parts dealer had enough physical presence in Arizona to create a nexus for the purposes of the state's transaction privilege tax, a state appeals court said, reversing the state tax court's decision.

  • April 03, 2024

    Maine Nuclear Waste Sites Not Eligible For Tax Exemption

    Maine won't allow facilities that store spent nuclear fuel to qualify as air pollution control facilities for property tax exemption purposes under clarifying legislation signed by the governor.

  • April 03, 2024

    Calif. Store's CEO Liable For Unpaid Sales Tax, Agency Says

    A California store's chief executive officer and manager is liable for the store's unpaid sales tax liability because he was the point person for sales and use tax matters, the state Office of Tax Appeals ruled. 

  • April 03, 2024

    Calif. OTA Nixes Lakers Owner's Property Loss Claim

    Los Angeles Lakers owner Jeanie Buss isn't eligible for a tax refund on the sale of her beachfront property because it was not a business transaction that resulted in a loss that could be carried back, the state Office of Tax Appeals ruled. 

  • April 02, 2024

    Trump Wants New Bite At Recusal Over Judge's Daughter

    Donald Trump is again seeking the recusal of the judge overseeing his Manhattan criminal case, saying the judge's daughter and her political consulting firm stand to financially benefit from the case, while prosecutors argued Trump's "daisy chain of innuendos" isn't evidence that the judge, or his daughter, will gain anything.

  • April 02, 2024

    Hunter Biden Can't Toss 'Vindictive' Criminal Tax Charges

    Hunter Biden lost his bid to end his criminal tax case over claims his prosecution is vindictive and politically motivated, among other arguments, after a California federal judge ruled Monday that Biden "filed his motion without any evidence" and merely "cites portions of various internet news sources, social media posts and legal blogs."

  • April 02, 2024

    Challenges To IRS' Regs On SALT Cap Workarounds Tossed

    The Internal Revenue Service and the U.S. Treasury Department won't face challenges from three states and a village in New York to final regulations barring workarounds to the cap on state and local tax deductions due to a New York federal judge's decision.

  • April 02, 2024

    Tenn. House Panel Advances $800M In Corp. Tax Rebates

    Tennessee would revise its corporate franchise tax and issue rebates of about $800 million for past payments under legislation approved Tuesday by a state House committee, setting the plan up for a vote in the full House.

  • April 02, 2024

    No Agent Tax Break For Aramark, Ohio Tells State Justices

    Ohio's tax appeals board correctly found that Aramark does not qualify for an agency exclusion for reimbursements it received from clients on purchases made on their behalf, Ohio's tax agency told the state Supreme Court on Tuesday.

  • April 02, 2024

    Boston Bomber Case Offers Clues For Trump Jury Selection

    A recent ruling that may undo the Boston Marathon bomber's death sentence holds lessons for Donald Trump's upcoming trials, where attorneys will need to make prospective jurors comfortable enough to admit bias before they're picked — and potentially avoid years of appellate fights.

  • April 02, 2024

    Ariz. Senate OKs 3rd-Party Sourcing Certification Plan

    The Arizona Department of Revenue would create a certification process for third-party providers of sourcing services to taxpayers that sell tangible personal property in the state under a bill passed in the Senate.

  • April 02, 2024

    Pa. Revenue In March Tops Estimate

    Pennsylvania's collected revenue in March was 4.8% higher than previously estimated, the state Department of Revenue said.

  • April 01, 2024

    Trump's Gag Order Expands Over 'Attacks' On Judge's Family

    Donald Trump has a constitutional right to respond to alleged political attacks, but he does not have a right to attack family members of the state judge overseeing his criminal case in New York, the judge ruled late Monday, expanding the former president's gag order in his hush money case.

  • April 01, 2024

    Combined Reporting Could Fight Tax Avoidance, Group Says

    States lose at least $10 billion annually as multinational corporations shift profits to low-tax jurisdictions, according to a report by the Center on Budget and Policy Priorities, but enacting worldwide combined reporting could help remedy the problem.

  • April 01, 2024

    Chamber Says Md. Digital Ad Tax Rule Violates Free Speech

    Maryland's law against passing through its digital advertising tax to consumers is an unconstitutional restriction on free speech, business groups told a federal court, responding to its order for briefs on the meaning of the provision.

  • April 01, 2024

    Berkshire Unit Merits Neb. Deduction, State Justices Told

    Nebraska's deduction for certain dividends should apply to income repatriated under the 2017 federal tax overhaul, an attorney for a Berkshire Hathaway entity told the state Supreme Court on Monday.

  • April 01, 2024

    Fla. High Court Says Voters Will Choose Whether To Legalize Pot

    Florida voters will have the opportunity to legalize recreational marijuana at the ballot box this November, after the state Supreme Court on Monday rejected a challenge brought by the state's attorney general and ruled that the proposal didn't violate a state rule restricting ballot measures to only one subject.

Expert Analysis

  • Wash. B&O Tax Proposal Is A Step In The Right Direction

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    The Washington Tax Structure Work Group’s proposal to swap the state’s problematic business and occupation tax for a Texas-style margins tax is far from a perfect solution, but it has opened the door for a long-overdue conversation about B&O tax changes that would provide much-needed administrative relief, says Nikki Dobay at Greenberg Traurig.

  • This Year's Top 10 Developments In State And Local Tax

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    Attorneys at Grant Thornton rank the 10 biggest state and local tax issues of 2022, including the adoption of state pass-through entity taxes, Maryland's digital advertising tax and American Rescue Plan Act litigation.

  • What To Expect In 2023: SALT In Review

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    Starting with predictions for the coming year, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.

  • Texas Tax Talk: What To Know About The Prefiled Bills

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    Many of the Texas tax bills prefiled ahead of the state's January 2023 legislative session predictably reduce property tax, but it remains unclear how online sales tax sourcing will be addressed, and an expiring school district property tax incentive program will be reimplemented, say Matt Larsen and Alison Andrews at Baker Botts.

  • Tax Cuts In Both Dakotas: SALT In Review

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    From tax-cut proposals in the Dakotas to a New Mexico artist who tried to represent himself, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.

  • Kentucky Tax Talk: Where Art Thou Kentucky Amnesty?

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    Attorneys at Frost Brown unpack the reasons why Kentucky's tax amnesty program never got off the ground this year, why implementation in 2023 won't be impeded by similar hurdles and how administration of the program may affect other Department of Revenue services once it gets going.

  • 5 Proof Of Domicile Takeaways From Calif. Tax Appeals Ruling

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    The California Office of Tax Appeals' recent Beckwith decision, which boiled down to a dispute over when a taxpayer moved from Tennessee to California for income tax purposes, provides valuable lessons on the evidence needed to establish the ties and intent that underlie tax domicile and residence, says Eric Coffill at Eversheds Sutherland.

  • The Tax Comity Doctrine And Other Oddities: SALT In Review

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    From the little-known tax comity doctrine to governments' continuing pursuit of streaming services, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.

  • State AGs Are Realizing Power Of False Claims Statutes

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    State attorneys general appear to be ramping up investigations, prosecutions and interventions using long-underappreciated state and municipal false claims statutes, and early indications signal an increasing focus on cybersecurity misrepresentations, private equity firms' misconduct and securities fraud, say attorneys at Troutman Pepper.

  • Foreign Tax Credit Proposal Is Some Help, But More Is Needed

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    New foreign tax credit regulations proposed by the U.S. Treasury Department provided some measure of relief on cost recovery and royalty withholding, two of the most troublesome aspects of the 2021 final foreign tax credit regulations, but the final regulations are still harmful to many taxpayers, making litigation inevitable, say attorneys at Fenwick.

  • Expect Seamless Transition To Controversial Ariz. Flat Tax

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    The unexpectedly early implementation of Arizona's new 2.5% flat income tax rate in January should be a painless and welcome change for individual taxpayers, even as the long-term impact on state and local economies is the subject of debate, say Karen Jurichko Lowell and Pat Derdenger at Lewis Roca.

  • Tax Cuts Hither And Yon: SALT In Review

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    From proposed tax cuts in Mississippi and Montana to a new, voter-approved limit in Arizona, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.

  • Midterms And Powerball: SALT In Review

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    From the midterm election results to the latest Powerball winner, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.

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