State & Local
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September 19, 2024
Illinois Voters To Weigh In On Nonbinding Income Surtax
Illinois voters will get to weigh in on whether the state should amend its constitution to create a 3% surtax on millionaire income to fund property tax relief, according to a nonbinding measure the Legislature has referred to the November ballot.
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September 19, 2024
Nev. Clarifies Tax Recordkeeping Rules For Escort Services
Nevada will implement a statutory requirement that the full amount charged for and recorded by an escort service must not include deductions for service costs, interest, losses, gratuities or other expenses, according to updated regulations approved by the state tax commission.
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September 19, 2024
Nev. Nixes Regs To Implement Scrapped Insurance Tax Break
The Nevada Tax Commission has approved the repeal of regulations to implement previously enacted legislation that eliminated a credit against the state's general tax on insurance premiums, according to a notice published in the state register.
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September 19, 2024
Calif. Says FDIC's $20M Tax Refund Bid Must Wait
A California tax collection agency asked a New York federal court to throw out Federal Deposit Insurance Corp. claims seeking a more than $20 million tax refund on behalf of the shuttered Signature Bank, saying the agency is entitled to wait for a potential IRS audit to end.
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September 19, 2024
Nev. Board Explains Commerce Tax Filing Break For Small Biz
Nevada no longer requires small businesses that are exempt from commerce tax to file commerce tax returns, the state Tax Commission explained.
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September 19, 2024
Nev. Reg Explains Expansion Of Voluntary Disclosures
More Nevada taxpayers are able to voluntarily disclose their failures to file taxes to the state tax commission under a new regulation.
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September 19, 2024
Fuel Sent Out Of State Isn't Taxed, Co. Tells Texas Justices
A Texas energy company fighting its franchise tax bill told the state's Supreme Court that the comptroller's sourcing approach for its fuel sales wrongly apportioned a sale to the state that was shipped out of state.
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September 19, 2024
Tax Or Fee, Utility Rates Beyond Review, Ga. Justices Hear
A Georgia city told the state Supreme Court on Thursday that its use of utility fees to bolster city coffers was not an illegal tax, despite a sports bar owner's claims to the contrary, and that a trial court rightly said it could not decide the matter.
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September 19, 2024
Okla. August Revenue Below Estimates By $14M, Office Says
Oklahoma revenue for August was $14.3 million below estimates, the state Office of Management and Enterprise Services announced.
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September 19, 2024
Md. Corp's. Part Owner Not Liable For Unpaid Tax, Court Says
A part owner of a Maryland consulting company was not personally liable for the company's unpaid income tax withholdings because he did not exercise personal control over the corporation's fiscal management, the Appellate Court of Maryland affirmed.
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September 19, 2024
Tenn. Revenues Slightly Above Expectations, Report Says
Tennessee's general revenue collection was $1.3 million higher than budgeted for the first two months of the fiscal year, according to the state's Department of Finance and Administration.
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September 18, 2024
MTC Group Considering Partnership Apportionment Factors
A Multistate Tax Commission group working on state taxation of partnerships said Wednesday that it is exploring for inclusion in a draft white paper some states' requirements to merge the apportionment factors of a partnership or limited liability company with those of a corporate partner that may own part of the partnership.
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September 18, 2024
La. Gov. Eyeing November Special Session For Tax Overhaul
Louisiana's top tax official said Wednesday that he's hopeful lawmakers will be called into a special session in November to enact a flat personal income tax rate, broaden the sales tax base and tee up changes to the state constitution.
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September 18, 2024
Nev. Tax Agency Changes Regs For Contacting Audit Subjects
Nevada has changed requirements for how state Department of Taxation auditors must contact taxpayers who are the subject of an audit and has authorized the auditors to estimate delinquent taxes due based on records provided by a taxpayer, under regulatory updates approved by the state Tax Commission.
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September 18, 2024
NJ Total Revenues Through Aug. Up $253M From Last Year
New Jersey collected $253 million more revenue from July through August compared with last year, according to a monthly report by the state Department of the Treasury.
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September 18, 2024
Ariz. Youth Get Sales Tax Break For Small Businesses
Small Arizona businesses operated by people under 19 are no longer required to collect and remit sales taxes under legislation passed in June, the state tax department said.
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September 18, 2024
IRS Delays Deadlines For Pa. Victims Of Tropical Storm
Taxpayers in four Pennsylvania counties will have until Feb. 3, 2025, to file individual and business tax returns and make payments after portions of the state were hit by Tropical Storm Debby, the Internal Revenue Service said Wednesday.
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September 18, 2024
Calif. Tax Revenues Through Aug. Beat Estimate By $2.3B
California's total receipts for the first two months of the fiscal year were $2.3 billion over estimates, according to a State Controller's Office report.
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September 18, 2024
NY Tax Collection Through Aug. Beats Last Year By $2.5B
New York's net tax collection from April through August outpaced the total for the same span last year by $2.5 billion, according to the state's Department of Taxation and Finance.
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September 18, 2024
Ore. Tax Court OKs Refund Offset For Debt To State
An Oregon couple's state tax refund was rightly offset to pay a delinquent account with another state agency, the state tax court ruled, saying state law required the offset and the court has no jurisdiction over the other agency's action.
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September 18, 2024
Accounting Firm Prunes Flower Bulb Co.'s $2M Tax Bill Case
The North Carolina Business Court has narrowed a flower bulb retailer's negligence suit alleging its former accounting firm failed to sound the alarm about a major change in tax law, finding there was no fiduciary duty owed but that there may have been a breach of contract.
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September 18, 2024
Md. 2024 Fiscal Year Revenue Beats Forecast By $217M
Maryland collected $217 million more in revenue than expected during the 2024 fiscal year, according to a final report by the state comptroller.
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September 18, 2024
Latham Adds A&O Shearman Energy Group Co-Lead In DC
Latham & Watkins LLP has hired the former co-head of Allen Overy Shearman Sterling's U.S. energy, natural resources and infrastructure group to its team of transactional tax partners based in Washington, D.C., the firm announced Monday.
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September 18, 2024
Va. General Revenues Through Aug. Up $303M
Virginia's general revenue collection from the start of the fiscal year through August outpaced last year's total for the same period by $303 million, according to a statement from the state secretary of finance.
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September 17, 2024
Prepaid Wireless Cards Not Subject To Tax, NC Justices Told
A North Carolina cellphone retailer wasn't obliged to remit tax on sales of prepaid wireless cards because the cards are gift cards that can be used for nontaxable services and sales, an attorney for the company told the state Supreme Court on Tuesday.
Expert Analysis
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Where Tax Policies Go Wrong: SALT In Review
RSM's David Brunori reviews the worst tax policies employed by state and local governments, then critiques recent tax developments in Oregon, New York and Boston.
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Mallory Opinion Implicitly Overturned NC Sales Tax Ruling
The U.S. Supreme Court recently declined to review Quad Graphics v. North Carolina Department of Revenue, but importantly kicked the legs from under Quad's outcome a week later, stating in its Mallory decision that the high court has the prerogative to overrule its own decisions, says Richard Pomp at the University of Connecticut.
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Delicious In Conn., Less Tasty In La.: SALT In Review
From Connecticut reducing its beer tax to Louisiana retaining its franchise tax, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Review Of Repatriation Tax Sets Justices On Slippery Slope
The U.S. Supreme Court’s recent decision to review the constitutionality of the repatriation tax in Moore v. U.S. has implications for many tax rules involving unrealized amounts and could leave the court on the brink of invalidating large swaths of the Internal Revenue Code, say attorneys at Eversheds Sutherland.
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How To Avoid A Zombie Office Building Apocalypse
With national office vacancy rates approaching 20%, policymakers, investors and developers will need to come together in order to prevent this troubling trend from sucking the life out of business districts or contaminating the broader real estate market, say Ryan Sommers and Robyn Minter Smyers at Thompson Hine.
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Ohio Tax Talk: Building On Federal Affordable Housing Credit
Ohio's soon-to-be-implemented low-income housing tax credit could significantly affect the state's affordable housing landscape and influence tax-credit deal financing for these projects, though Senate changes may have dampened the new credit's immense potential, say Raghav Agnihotri and Rachael Chamberlain at Frost Brown.
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Holding These Truths Incontrovertible: SALT In Review
RSM's David Brunori offers his thoughts on noteworthy state and local tax news, beginning with "almost irrefutable" observations delivered at a recent tax seminar.
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LA's High-Value Real Estate Transfer Tax Should Be Scrapped
Los Angeles’ recently implemented high-value property transfer tax has chilled the real estate market, is failing to meet revenue expectations and raises significant constitutional concerns, making it a flawed piece of legislation that should be invalidated, says attorney Paul Weinberg.
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Avoiding Negative Tax Consequences In Loan Modifications
Borrowers who may be caught in the dramatic uptick in nonperforming commercial real estate loans should consider strategies to avoid income and capital gains tax that may be triggered by loan modifications, says Aman Badyal at Glaser Weil.
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Chapter 100 Incentives Can Offer Relief For Mo. Solar Projects
Although the Missouri Supreme Court's decision last year in Johnson v. Springfield Solar 1 overturned the state's tax exemption for solar energy systems, solar developers may still be able to use other mechanisms, like Chapter 100 incentives, to offset project costs, say Lizzy McEntire and Anna Kimbrell at Husch Blackwell.
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Now Is The Time For State And Local Sales Tax Simplification
In the five years since the U.S. Supreme Court’s landmark decision in South Dakota v. Wayfair, state and local governments increasingly rely on sales tax, but simple changes are needed to make compliance more manageable for taxpayers, wherever located, without unduly burdening interstate commerce, says Charles Maniace at Sovos.
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Connecticut Tax Cuts And Missouri Movies: SALT In Review
From income tax cuts in Connecticut to film tax credits in Missouri, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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What To Make Of IRS' New Advance Pricing Guidance
Recent guidance on the IRS' goals for its advance pricing agreement system provides helpful insight into review and decision-making procedures for advance pricing agreement requests, but it also raises questions about the IRS' objectives, say Richard Slowinski and Stefanie Kavanagh at Alston & Bird.