State & Local

  • August 07, 2024

    Tax Court's Economic Substance Foray May Clarify Limits

    A U.S. Tax Court judge plans to address an ill-defined provision governing the relevance of the economic substance doctrine in a microcaptive insurance case, offering the courts another chance to clarify an anti-abuse tool the IRS has been deploying more often.

  • August 07, 2024

    Iowa Revenues In July $128M Higher Than Last Year

    Iowa's total receipts for July were $128 million higher than the same month in the previous fiscal year, according to a memo from the state's Department of Management.

  • August 07, 2024

    Calif. Office Says Partner's Loss Claims Properly Disallowed

    A California audiovisual company that is a partner with two other companies cannot claim $853,000 in flow-through partnership losses because the company did not have the basis in the partnerships to be able to claim the losses, the state Office of Tax Appeals ruled. 

  • August 07, 2024

    NH Starts Fiscal Year 2025 $4 Million Over Revenue Estimate

    New Hampshire's general fund receipts in July were $4 million higher than budget estimates, according to the state Department of Administrative Services.

  • August 07, 2024

    Missouri Voters Reject Exemption For Child Care Facilities

    Missouri will not allow local governments to exempt child care facilities from property tax after a constitutional amendment was rejected by voters Wednesday. 

  • August 07, 2024

    Logistics Co. CEO Denies Role In NJ Racketeering Scheme

    The chief executive officer of logistics firm NFI Industries on Wednesday denied that he played a role in an alleged scheme led by a New Jersey power broker accused of reaping millions in tax credits by using extortion to acquire waterfront property in the distressed city of Camden.

  • August 06, 2024

    Calif. Sales By Snowmaking Co. Are Taxable, OTA Says

    A company that creates and supplies snow for entertainment companies in California had $1.93 million in taxable sales in 2012 through 2015 despite the company saying the snow was not tangible personal property, the California Office of Tax Appeals ruled.

  • August 06, 2024

    Wash. Appeals Court Reverses On Gas Chain Owing State Tax

    A Pacific Northwest gas station chain that issued fuel cards to customers must pay the Washington state business tax when cardholders purchase gas from other participating gas station chains as well as from nonparticipating chains, a state appeals court panel said Tuesday, reversing an earlier opinion.

  • August 06, 2024

    Calif. Hoteliers Denied Tax Break On Property Sale

    The owners of a California hotel were correctly assessed taxes on the gains from sale of a property, the state Office of Tax Appeals said, finding the owners did not demonstrate they qualified for a tax deferral.

  • August 06, 2024

    Ohio Board Affirms Nix Of Tax Break For Church's Rec Site

    A recreation field owned by an Ohio-based church doesn't qualify for a property tax exemption because it wasn't used as a place of worship, the state Board of Tax Appeals affirmed.

  • August 06, 2024

    Bressler Grows In NJ With New Litigation, Tax Experts

    Bressler Amery & Ross PC added longtime experts in tax law, trusts and estates, and commercial litigation in a recent round of expansion in New Jersey announced this week.

  • August 06, 2024

    Calif. Investor Can't Exclude $15.2M In Gains, OTA Finds

    A real estate investor may not exclude about $15.2 million in capital gains from his California tax return for the 2012 tax year, the state Office of Tax Appeals found, siding with the Franchise Tax Board that the income was not subject to double taxation.

  • August 06, 2024

    Calif. Biz Not Entitled To Cost Of Goods Deduction, OTA Says

    A California construction business is not entitled to an income tax deduction for the cost of goods sold, the state Office of Tax Appeals ruled.

  • August 06, 2024

    Mont. July Revenue Collection Up $5M From Last Year

    Montana's general revenue collection for July outpaced last year's total by $5 million, the state Department of Revenue said Tuesday.

  • August 06, 2024

    Mass. Revenue Collection In July Trails Last Year By $18M

    Massachusetts' revenue collection in July was down $18 million from July 2023, the state Department of Revenue said.

  • August 06, 2024

    Calif. OTA Says Biz Owes Use Tax On Vehicle Purchase

    California's use tax still applies to a business's purchase of a commercial vehicle despite the business's argument that it was used for interstate and foreign commerce and therefore exempt, the state Office of Tax Appeals ruled. 

  • August 06, 2024

    Arnold & Porter Adds Abramson Cancer Center Chief Counsel

    Throughout her career and while working in progressive leadership roles for the Abramson Cancer Center at the University of Pennsylvania, Mir Masud-Elias, Arnold & Porter Kaye Scholer LLP's newest counsel, has asked herself the same question: Is this role the best use of her time on Earth?

  • August 05, 2024

    Netflix, Hulu Reject Owing Missouri Video Service Fees

    A new Missouri law that exempts streaming and satellite television services from video service provider fees was a clarification and does not prove the fees previously applied to streaming services, Netflix and Hulu told a state Circuit Court in a filing released Monday.

  • August 05, 2024

    Va. Owes Refund To Remote Worker, Tax Commissioner Says

    Virginia wrongly denied an individual income tax refund to a man who worked remotely in another state to cover the amount withheld by his Virginia employer, the state tax commissioner said in a ruling published Monday.

  • August 05, 2024

    Va. Biz Correctly Classified Contractors, Tax Boss Says

    Workers for a Virginia drywall and painting business did not qualify as employees, the state tax commissioner said, reversing a state tax department finding that the business owed withholding taxes on the workers' payroll.

  • August 05, 2024

    Va. Tax Head Says Man Must File Return Despite Move To Md.

    A Virginia resident who moved to Maryland to work at a hospital was still considered a domiciled resident of Virginia and required to file a state tax return there, the Virginia tax commissioner determined, saying the man maintained several links to the state.

  • August 05, 2024

    Chamber Asking 4th Circ. To Revive Md. Digital Ad Tax Fight

    The U.S. Chamber of Commerce and other groups are seeking Fourth Circuit review of a federal district court decision throwing out their First Amendment complaint against Maryland's digital advertising tax, the groups told the lower court.

  • August 05, 2024

    North Dakota Ballot Initiative Seeks To End Property Tax

    North Dakota would prohibit political subdivisions from imposing property taxes if a constitutional amendment is approved by voters in November.

  • August 05, 2024

    Fla. Net Revenue In Fiscal Year 2024 Beat Estimates By $1B

    Florida's net revenue collection in the 2024 fiscal year was $1.09 billion higher than estimates, according to the state Office of Economic and Demographic Research.

  • August 05, 2024

    Ala. Net Tax Collection Through July Up $226M From Last Year

    Alabama's net general revenue from October through July was $226 million higher than the same period last fiscal year, according to the state Department of Revenue.

Expert Analysis

  • TCJA Workarounds And A Misstep In Va.: SALT In Review

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    From federal SALT deduction workarounds to Virginia's missed opportunity, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.

  • How Taxpayers Can Prep As Justices Weigh Repatriation Tax

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    The U.S. Supreme Court might strike down the 2017 federal tax overhaul's corporate repatriation tax in Moore v. U.S., so taxpayers should file protective tax refund claims before the case is decided and repatriate previously taxed earnings that could become entangled in dubious potential Section 965 refunds, say Jenny Austin and Gary Wilcox at Mayer Brown.

  • Digital Services And Asphalt Production: SALT In Review

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    From Massachusetts' proposed gross receipts tax on digital providers to a dispute over equipment used to make asphalt in North Carolina, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.

  • What's Notable In Connecticut's New Cannabis Laws

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    The Connecticut Legislature recently passed four bills containing cannabis provisions — ranging from applicable tax credits to labor agreement requirements — that may prove to be a mixed bag for state operators, say Sarah Westby and Deanna McWeeney at Shipman & Goodwin.

  • NJ Justices Clarify Bribery Law Scope, But Questions Remain

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    The New Jersey Supreme Court’s recent State v. O'Donnell decision clarified that the state’s bribery law unambiguously applies to candidates for public office, but there are still unresolved questions about how the ruling may affect lobbyists, undeclared candidates and political speech, says Scott Coffina at Pietragallo Gordon.

  • Parsing Tax Implications Of NYC Office Leasing Transactions

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    Though New York City's tax laws generally do not require negotiated contractual risk allocation in the case of sublease and early lease termination transactions, it is still helpful for counsel to both landlords and tenants to understand the laws' nuances, say attorneys at Lowenstein Sandler.

  • Digital Biz Purchases And Tax Cuts In Texas: SALT In Review

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    From the taxing of digital business purchases to proposed tax cuts in Texas, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.

  • 3 Principles Should Guide MTC's Digital Products Tax Work

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    As the Multistate Tax Commission's project to harmonize sales tax on digital products moves forward, three key principles will help the commission's work group arrive at unambiguous definitions and help states avoid unintended costs, say Charles Kearns and Jeffrey Friedman at Eversheds Sutherland.

  • OECD Treatment Of Purchased Ga. Film Credits Isn't Peachy

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    Producers considering Georgia as a prospective location for filming may already be concerned that the Organization for Economic Cooperation and Development's July decision will hamper the eventual 2026 or later sale of their Georgia film tax credits, says Alan Lederman at Gunster.

  • A Milestone For Offshore Wind In Maine

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    Recently signed legislation directing Maine to procure up to 3 gigawatts of offshore wind by 2040 offers indisputable promise that the state will soon welcome commercial-scale offshore wind development off its shores, says Joshua Rosen at Foley Hoag.

  • Mallory Ruling Doesn't Undermine NC Sales Tax Holding

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    Contrary to the conclusion reached in a recent Law360 guest article, the U.S. Supreme Court’s recent Mallory ruling shouldn't be read as implicitly repudiating the North Carolina Supreme Court’s sales tax ruling in Quad Graphics v. North Carolina Department of Revenue — the U.S. Supreme Court could have rejected Quad by directly overturning it, says Jonathan Entin at Case Western Reserve.

  • Calif. Policymakers Should Aid Crashing Cannabis Market

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    As California’s cannabis sector nears the brink of financial collapse, it may be time for the state government to seriously consider potential bailout programs for the embattled industry — though the crisis also presents strategic buying opportunities for those with a high tolerance for uncertainty, says Michelle Mabugat at Greenberg Glusker.

  • What Came Of Texas Legislature's Long-Promised Tax Relief

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    Following promises of historic tax relief made possible by a record budget surplus, the Texas legislative session as a whole was one in which taxpayers that are large businesses could have done somewhat better, but the new legislation is clearly still a positive, say attorneys at Baker Botts.

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