State & Local
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March 21, 2024
La. House OKs Sales Tax Exemption For Eye Medications
Louisiana would expand a local sales tax exemption to include prescriptions used to treat eye-related conditions as part of a bill passed unanimously by the state House of Representatives.
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March 20, 2024
NY AG Scoffs At Trump's Claim Of 'Impossible' $465M Bond
The New York Attorney General's office on Wednesday disputed Donald Trump's claim that posting bond while he appeals a $465 million civil fraud judgment is a "practical impossibility," arguing the former president and his business empire haven't exhausted all avenues.
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March 20, 2024
NY High Court Revives Suit Against NYC Property Taxes
A lawsuit challenging the fairness of New York City's property tax system lives on, with New York's highest court finding a group's complaint sufficiently pleads causes of action against the city for violations of New York's Real Property Tax Law and the federal Fair Housing Act.
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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.
Expert Analysis
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Property In Pa. And Corporate Income In Mo.: SALT In Review
From the latest attempt to do away with Pennsylvania's property tax to an assault on Missouri's corporate income tax, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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The Forces Defining Sales Tax Policy And Compliance In 2023
In the coming year, expect to see tax policymakers grapple with the complexity of state and local tax compliance, cryptocurrency, metaverse transactions, and more, says Scott Peterson at Avalara.
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Start The Revolution Without Me: SALT In Review
From a sweeping push toward taxing the rich to a proposed tax review board in Indiana, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Atty-Client Privilege Arguments Give Justices A Moving Target
Recent oral arguments before the U.S. Supreme Court in a case regarding the scope of the attorney-client privilege appeared to raise more questions about multipurpose counsel communications than they answered, as the parties presented shifting iterations of a predictable, easily applied test for evaluating the communications' purpose, say Trey Bourn and Thomas DiStanislao at Butler Snow.
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States Must Align Distribution Age Rules With Secure 2.0
To prevent unintended escheatment of retirement benefits, states will need to undertake legislative efforts to amend unclaimed property standards that conflict with the Secure 2.0 Act's required minimum distribution age increases, says Michael Giovannini at Alston & Bird.
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Va. Tax Nixed, NJ Shoplifter Targeted: SALT In Review
From a tax declared unconstitutional in Virginia to a New Jersey prosecutor's attempt to include sales tax in a shoplifting charge, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Midterm Cannabis Results Remind That Progress Is Not Linear
It may appear odd that the majority of state proposals for adult-use cannabis failed in November’s midterm elections when legalization is polling at an all-time high, but history moves in fits and starts, and there are clearly still some blind spots and hidden variables affecting voter perceptions, say Whitt Steineker and Mason Kruse at Bradley Arant.
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Wash. B&O Tax Proposal Is A Step In The Right Direction
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.
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This Year's Top 10 Developments In State And Local Tax
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.
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What To Expect In 2023: SALT In Review
Starting with predictions for the coming year, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Texas Tax Talk: What To Know About The Prefiled Bills
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.
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Tax Cuts In Both Dakotas: SALT In Review
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.
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Kentucky Tax Talk: Where Art Thou Kentucky Amnesty?
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.