State & Local
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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.
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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April 01, 2024
Kan. March Revenue Slightly Above Monthly Projection
Kansas' tax collections for March were $7 million above the monthly estimate, Democratic Gov. Laura Kelly's office announced Monday.
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April 01, 2024
BakerHostetler Adds Partner To Tax Practice Group
BakerHostetler's Washington office has added a partner from Morris Manning and Martin LLP to join its tax practice group, Baker said in a statement Monday.
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April 01, 2024
Baker Donelson Adds EY Tax Pro To Houston Office
A former EY senior manager has joined Baker Donelson Bearman Caldwell & Berkowitz PC's tax group in Houston as counsel, the firm announced.
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April 01, 2024
Vt. Senate Passes Tax On Netflix, Apple TV, Other Streamers
Vermont would assess a tax on Netflix, Apple TV and other streaming services based on their gross revenues from video streaming services in the state as part of a bill passed by the state Senate.
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April 01, 2024
W.Va.'s Revenue $95M Above Estimate For March
West Virginia's general revenue collection for March came in $94.8 million above the state's estimate, the governor's office said Monday.
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April 01, 2024
Arizona Limits Multiple Local Sales Tax Audits
Arizona will allow the state's Department of Revenue to deny a local jurisdiction's request to audit a company's transaction privilege tax liability if it is operating in more than one jurisdiction, under a law signed by Democratic Gov. Katie Hobbs.
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April 01, 2024
Ore. Tax Court Upholds Nursing Home's $10.6M Valuation
The owner of an Oregon nursing home did not present enough evidence to change the $10.6 million valuation found by a local assessor, the state tax court said.
Expert Analysis
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Ohio Tax Talk: One Step Closer To Telework Income Tax Clarity
An Ohio court's recent ruling in Morsy v. Dumas that Cleveland must reimburse city tax on income an employee earned while she worked from another state during the pandemic is limited in the time period to which it applies, but may have important ramifications for the Ohio municipal income tax system as a whole, say Raghav Agnihotri and Rachael Chamberlain at Frost Brown.
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30 Years of TABOR: SALT In Review
From the anniversary of the Colorado Taxpayer's Bill of Rights to a Missouri barkeep whose tax obligations reached beyond the grave, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Rankings And Semiconductors: SALT In Review
From an annual ranking of states' business tax climates to yet another incentive package for the semiconductor industry, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Making The Most Of New Tax Credits For EV Charging Stations
The Inflation Reduction Act recently extended, expanded and renewed the tax credits available for electric vehicle charging station projects — but developers must navigate new challenges, including geographic and prevailing wage requirements, to take full advantage of the updated credits, says James English at Clark Hill.
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Key Income Tax Issues Triggered By Remote Employees
A host of fact-specific tax determinations arise in connection with remote work arrangements, from defining working-condition fringe benefit exclusions to nexus-dependent state withholding obligations, complicating compliance for corporate tax counsel and human resources professionals, say Thomas Cryan and Spencer Walters at Ivins Phillips.
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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.