State & Local
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September 09, 2024
Ore. Tax Court Nixes Parcel Owners' Bid To Raise Valuation
The Oregon Tax Court rejected an attempt by owners of a property to increase its tax valuation, saying the owners failed to show they were aggrieved by the valuation and did not first appeal to the local assessment board.
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September 09, 2024
Colo. Co.'s Gov't Sales Were In Other States, Tax Dept. Says
Sales by a Colorado company to the U.S. government of products delivered to other states are sourced to those states despite storage and final inspection in Colorado, the state revenue department said.
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September 06, 2024
Calif. Gov. Targets Hemp Intoxicants With Emergency Ban
California Gov. Gavin Newsom on Friday announced emergency regulations banning products derived from industrial hemp that contain any intoxicating cannabinoids, and setting an age minimum of 21 years to purchase hemp products.
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September 06, 2024
Federal Tax Policies To Watch In The Rest Of The Year
As Congress returns to Washington, D.C., after the August recess, proposals including disaster tax relief and an agreement to provide tax treaty-like benefits to Taiwanese residents could be readied to be included in year-end legislation. Here, Law360 examines federal tax policies to watch during the last four months of 2024.
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September 06, 2024
NY Tax Dept. Urges Nix Of Paychex Apportionment Challenge
Paychex's bid to invalidate a New York state income apportionment rule is premature because an audit of the company isn't yet final, the state's tax agency argued Friday as it urged a state court to toss the case.
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September 06, 2024
Pipeline Co. Renews NJ Partnership Fee Fight In State Court
A pipeline business opted not to seek U.S. Supreme Court review of a ruling blocking it from challenging New Jersey's partnership filing fee in federal court, choosing instead to revive its case in the state tax court, the company's attorney confirmed Friday.
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September 06, 2024
NY Strip Club Owner Appeals $3.9M Tax To High Court
A New York law requiring corporations to pay disputed sales taxes before seeking judicial review violates the U.S. Constitution and state constitution, a strip club owner seeking an appeal of a $3.9 million assessment told the state's highest court.
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September 06, 2024
Ind. Says Ky. Woman Was Incorrectly Assessed Income Tax
A Kentucky resident who worked for an Indiana-based employer was incorrectly assessed individual income tax because the majority of her gross income was received in her home state, the Indiana Department of State Revenue said.
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September 06, 2024
Ind. Man Still State Resident Despite Traveling For Work
An Indiana resident failed to prove he left his state domicile and established a residence in Missouri, the Department of State Revenue said in a letter of finding rejecting his appeal to abate an individual income tax assessment.
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September 06, 2024
W.Va. Gov. Plans Special Session To Cut Income Tax
West Virginia Gov. Jim Justice said he will call lawmakers to a special session to focus on legislation that would cut the state's personal income tax and implement a child care tax credit.
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September 06, 2024
Taxation With Representation: Debevoise, Bennett, Orrick
In this week's Taxation With Representation, Verizon reaches a deal to absorb Frontier in a deal worth $20 billion, First Majestic agrees to buy Gatos Silver for $970 million, and Epam Systems inks a $630 million purchase of Neoris.
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September 06, 2024
Colo. Ends Sunset On Tax Break For Agricultural Equipment
Colorado permanently extended its personal property tax exemption for qualifying agricultural equipment and included property within a greenhouse under the exemption through legislation signed Friday by Democratic Gov. Jared Polis.
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September 06, 2024
Vialto Partners Member Joins Baker McKenzie As Partner
Baker McKenzie has hired a tax partner in Washington, D.C., from Vialto Partners, a business consulting firm, the firm announced Thursday.
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September 05, 2024
Unconstitutionality Of Transparency Act Clear, 11th Circ. Told
A small business group and one of its members have told the Eleventh Circuit that an Alabama federal judge correctly ruled that the Corporate Transparency Act is unconstitutional, so there was no need for them to demonstrate that the law fails to pass constitutional muster.
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September 05, 2024
Holland & Knight Appoints Former Perkins Coie Tax Partner
Holland & Knight LLP appointed a partner to its Portland, Oregon, office who previously served as a partner in energy tax law for Perkins Coie LLP, the firm announced.
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September 05, 2024
MTC Digital Work Group Ponders Tax Of Bundled Transactions
The Multistate Tax Commission work group aiming to harmonize state tax rules for digital products released a first draft Thursday on procedures for how to tax products that are sold in a bundle, but it has not yet narrowed down specific recommendations for states.
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September 05, 2024
Ind. Hospital Denied Sales Tax Refund For Medical Goods
An Indiana-based hospital can't claim a sales tax refund on purchases of certain medical items, the state Department of Revenue said, finding the items didn't qualify as tax-exempt prosthetics or drugs.
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September 05, 2024
NJ To Offer Brownfield Tax Credits For Solar Projects
New Jersey will bolster its tax credits for its brownfields redevelopment incentive program and grant tax credits to solar energy projects built on closed landfills as part of a bill signed by Gov. Phil Murphy.
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September 05, 2024
Texas Revenues Rise 1% In 2024 Fiscal Year
Texas' general revenue collection from September 2023 through August was roughly 1% higher than it was in the prior fiscal year, the state comptroller's office said.
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September 05, 2024
Indiana Co. Entitled To Tax Refund On Research Expenses
An Indiana research company can get a sales tax refund on some of its purchases of equipment it uses in research operations, but not on items such as office supplies and furniture, the Department of State Revenue said.
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September 05, 2024
Ohio Floats Rule Defining Transient Guests For Tax Purposes
Customers renting sleeping accommodations in Ohio for less than 30 consecutive days would be defined as transient guests under a draft rule released Thursday by the state tax department.
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September 05, 2024
Ind. Tax Dept. Finds Co.'s Refund Request Timely
A corporation's Indiana income tax refund claim for 2015 was timely filed in 2023 as adjustments were made to its federal return, the state Department of Revenue said.
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September 05, 2024
Ind. Dept. OKs Transport Sales Tax Break For Waste Hauler
An Indiana company that transports municipal sewage waste was entitled to a sales tax refund on certain purchases, the state Department of Revenue said, because the items purchased were used for the public transportation of property.
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September 04, 2024
Ohio Justices Affirm School Board's Right To Past Tax Appeal
An Ohio law that bars school boards from appealing certain valuation rulings from boards of revision doesn't apply to complaints that were pending when the restriction took effect in 2022, the state Supreme Court affirmed Wednesday.
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September 04, 2024
Colo. Cuts Property Tax Assessment Rates, Limits Growth
Colorado will cut property tax assessment rates and impose caps on the growth of local revenue under legislation signed into law Wednesday by Gov. Jared Polis, staving off two ballot initiatives critics said would have devastated local government budgets.
Expert Analysis
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The Reciprocal Tax Bill Is A Warning Shot At Pillar 2
A bill recently introduced in the House of Representatives to reciprocally tax countries deemed to have imposed discriminatory taxes on U.S. citizens and businesses takes aim at countries implementing the global minimum tax treaty known as Pillar Two, with which the U.S. has not complied, says Alan Cole at the Tax Foundation.
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Cost To Gov't Means Justices Must Review NC Sales Tax Case
The U.S. Supreme Court should review and overrule the North Carolina high court’s decision in Quad Graphics v. North Carolina Department of Revenue — an anticipatory overruling of precedent that expands the state sales tax base and imposes a stealth tax on the federal government, says Richard Pomp at the University of Connecticut Law School.
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Potential Risks And Benefits Of NY Cannabis Crop Rescue Act
Though proposed legislation in New York would help struggling cannabis farmers by allowing them to sell their crops directly to consumers, it poses numerous challenges for retailers and the state’s regulatory framework — and striking the right balance here will be crucial to shaping a sustainable, equitable industry, say Meaghan Feenan and William Wolfe at Harris Beach.
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La. Franchise Tax, Minn. Home Seizure: SALT In Review
From a proposal to phase out Louisiana's corporate franchise tax to the U.S. Supreme Court's ruling that a Minnesota county had no right to sell a woman's home for more than she owed, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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How New York State Budget Will Affect Business Taxpayers
The comprehensive state budget legislation recently finalized by New York Gov. Kathy Hochul and the state Legislature did not include some especially concerning tax proposals, but it will subject some state taxpayers to increased tax liability and lengthier appeals, say attorneys at McDermott.
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Taxing The Internet And Remote Workers: SALT In Review
From a New York ruling against the taxing of internet services to an attack on Philadelphia's taxing of remote workers, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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How Cities Can Tackle Post-Pandemic Budgeting Dilemmas
Due to increasing office vacancies around the country, cities may consider politically unpopular actions to avoid bankruptcy, but they could also look to the capital markets to ride out the current real estate crisis and achieve debt service savings to help balance their budgets, say attorneys at Cadwalader.
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State Payroll Taxes Need Remote Work Reforms
To alleviate employer confusion around remote employee payroll tax, lower enforcement costs and better compete for top talent, states should allow a specific number of remote work days without withholding, simplify their administrative requirements and coordinate their tax policy reforms, say attorneys at Miller Canfield.
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Cannabis Supercenters: Key Benefits And Legal Issues
Barstow, California’s novel plan to convert an abandoned mall into a cannabis supercenter could offer a potential blueprint for cannabis companies to thrive in a saturated market and for communities to repurpose underutilized retail spaces — but certain financing, zoning and leasing issues will need to be assessed, says Christopher Gordon at Fox Rothschild.
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Taxing The Digital Economy: The Good, The Bad And The Ugly
U.S. tech companies should watch for important developments in international taxation, including the resolution of Apple's decade-old state aid case, growing frustration with the Organization for Economic Cooperation and Development's global tax plan and adoption of the digital services tax instead, says Joyce Beebe at Rice University's Baker Institute for Public Policy.
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Kentucky Tax Talk: Pros, Cons Of The SALT Cap Workaround
Recent legislation that allows pass-through entities to be taxed at the entity level — Kentucky’s response to the federal cap on state and local tax deductions — could result in significant savings for taxpayers, but whether it applies to sole proprietorships and other aspects of the law are unclear, say attorneys at Frost Brown.
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Big Tax Changes For Multinational Cos. In Budget Proposal
The Biden administration’s fiscal year 2024 budget proposes changes that would materially alter decades-old Internal Revenue Code provisions, requiring a shift in multinational corporations' tax planning strategies comparable to that required after enactment of the Tax Cuts and Jobs Act, say Xenia Garofalo and Kyle Colonna at Eversheds Sutherland.
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Home Seized, Tax Paid, Government Enriched: SALT In Review
From a Minnesota county's profit on a home seizure to a California proposal to raise corporate income taxes, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.