State & Local

  • July 26, 2024

    Uber Accused Of Illegally Charging Tax On Delivery Fees

    Uber illegally collects sales tax on food delivery fees in Florida, a customer claimed in a proposed class action removed to federal court, saying the company cannot charge the tax if customers have the option of picking up the order themselves.

  • July 26, 2024

    Ohio McDonald's Properly Valued At $1.9M, Board Says

    An Ohio McDonald's was properly valued at $1.9 million by the county appraiser, the state Board of Tax Appeals ruled Friday, rejecting the business's bid to have the value lowered to $1.18 million.

  • July 26, 2024

    Taxation With Representation: Wachtell, Polsinelli, Kirkland

    In this week's Taxation With Representation, T-Mobile partners with KKR to acquire Metronet, Exclusive Networks gets a takeover offer, KKR buys Instructure Holdings Inc., and Bally's Corp. merges with The Queen Casino & Entertainment Inc.

  • July 26, 2024

    Ariz. Revenues In Fiscal Year 2024 Up $563M From Forecast

    Arizona's general revenue collection in the 2024 fiscal year was $563 million higher than estimated, according to the state Joint Budget Committee.

  • July 26, 2024

    SC Tax Applies To Durable Med Equipment Sales, Dept. Says

    Sales of durable medical equipment in South Carolina are subject to sales tax, which must be collected and remitted on sales completed after June 26, following a state Supreme Court ruling that found an exemption for such sales to be invalid, the state Department of Revenue said.

  • July 25, 2024

    Trump Judge Won't Exit Over 'Nothingburger' Atty Encounter

    The New York judge who ordered Donald Trump to pay $465 million in penalties in his civil fraud case Thursday rejected the former president's demand that he step down from the case, saying a brief hallway encounter with an attorney acquaintance was a "nothingburger" that did not influence his decision.

  • July 25, 2024

    Conn.'s Added Tax On Warranties Called Double Taxation

    The Connecticut state tax commissioner's levy of an additional tax on extended vehicle warranties connected to out-of-state vehicle sales is double taxation because the warranties are already taxed by the buyer's home state, a Connecticut-based auto wholesaler told a state trial court.

  • July 25, 2024

    Louisiana Lawmakers Hit Brakes On Tax Overhaul Proposals

    Louisiana's legislative leadership said Thursday that it won't move forward with a special session to overhaul the state's tax system in the near future, rebuffing a push from the governor to place sweeping changes to the state's tax structure on the November ballot.

  • July 25, 2024

    NJ To Provide Up To $500M In Tax Credits For AI Projects

    New Jersey will provide up to $500 million in tax credits to artificial intelligence businesses that make a capital investment of at least $100 million and create at least 100 full-time jobs under a bill Democratic Gov. Phil Murphy signed Thursday.

  • July 25, 2024

    Ohio Board Incorrectly Calculated Land, Improvement Value

    An Ohio warehouse property had its land value incorrectly increased to $1.2 million, from $715,000, a state appeals court ruled Thursday after finding no evidence was presented that warranted a change in its value.

  • July 25, 2024

    Pa. Dept. Urged To Review Concerns Over Biz Income Rule

    The Pennsylvania Department of Revenue should review stakeholders' critiques of a proposed regulation that outlines what constitutes apportionable business income and meet with aggrieved stakeholders to ensure the regulation is consistent with state tax law, an independent commission said.

  • July 25, 2024

    Neb. Bill Resurrects Digital Ad Tax Plan In Special Session

    Nebraska lawmakers, calling for property tax relief in a special legislative session, resubmitted Thursday a proposal to fund property tax cuts with a tax on gross receipts from digital advertising services and by broadening the state's sales tax regime.

  • July 25, 2024

    NJ Justices Affirm Verizon's Local Tax Bill On Equipment

    A Verizon entity must pay personal property tax on equipment at a switching station in a New Jersey borough, the state Supreme Court ruled Thursday, upholding lower court rulings that agreed with the town's application of a law outlining when telephone companies are subject to tax.

  • July 25, 2024

    NY Beverage Co.'s Tax Permit Properly Pulled, Court Says

    New York's tax agency was within its authority to revoke the license of a $100 million wholesale beverage distributor for willfully failing to file required information about its customers, a state appeals court ruled Thursday.

  • July 25, 2024

    Clark Hill Adds Tax And Estate Atty From Plunk Smith In Texas

    A former Plunk Smith PLLC senior associate jumped to Clark Hill in Collin County, Texas, to serve as a member in the tax and estate planning practice, the firm announced Thursday.

  • July 25, 2024

    NJ Town's Challenge To County Tax Table Can Proceed

    A New Jersey town may continue challenging a county's 2024 equalization table, the New Jersey Tax Court ruled, rejecting the county's argument that the town waited too long to make the challenge.

  • July 25, 2024

    Ohio Church Too Late For Retroactive Tax Refund, Board Says

    An Ohio church cannot be refunded for a retroactive property tax exemption for 2014 through 2016 because the state tax commissioner only has the authority to issue refunds for up to three years, the state Board of Tax Appeals ruled.

  • July 25, 2024

    Ore. Court Won't Toss Law Capping Taxable Home Values

    A homeowner's attempt to lower the taxable value of his property was denied by the Oregon Tax Court, which said it did not have the authority to determine whether a law capping annual taxable value increases for some properties was unconstitutional.

  • July 24, 2024

    Pfizer's Fuel Cells Can't Be Taxed, Conn. Justices Rule

    A fuel cell module that powers Pfizer Inc.'s research campus in Groton, Connecticut, is not subject to personal property taxes, the state's high court ruled Wednesday, upholding a lower court decision that allowed FuelCell Inc. to avoid several multimillion-dollar local tax assessments and penalties.

  • July 24, 2024

    Mich. Tribunal Upholds $4.4M Value For Car Wash

    A Michigan car wash was correctly valued at $4.4 million, the state Tax Tribunal said after rejecting the property owner's argument that the value should be reduced due to functional obsolescence.

  • July 24, 2024

    Book Publisher Settles Gross Receipts Tax Dispute With Ohio

    Chicken Soup for the Soul Publishing LLC settled its appeal of a nearly $143,000 Ohio commercial activity tax assessment, ending a case in which it alleged that a federal law that limits state taxes on net income protected certain gross receipts from tax.

  • July 24, 2024

    Ohio Chicken Farm Ruled Overvalued By County

    An Ohio chicken farm was overvalued by the local tax board, the state board of tax appeals said, after taking into consideration an appraisal by the owner that valued the property based on its special use as a hatchery.

  • July 24, 2024

    Nationwide Urges Mich. Court To Stand By Unitary Biz Ruling

    The Michigan Court of Appeals properly ruled that insurance companies that are part of Nationwide should file their taxes as a unitary group, the company told the appeals court, saying the state Treasury Department's request for reconsideration should be denied.

  • July 24, 2024

    NH Extends Business Profits, Enterprise Tax Credits

    New Hampshire business profits tax credits and business enterprise credits that were set to expire in 2025 and 2027 were extended under a bill signed by Republican Gov. Chris Sununu.

  • July 24, 2024

    Affordable Housing Pro Moves Practice To Nelson Mullins

    An attorney who specializes in advising clients on completing affordable housing development projects has recently moved her practice to Nelson Mullins Riley & Scarborough's Pittsburgh office.

Expert Analysis

  • 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.

  • Looking Behind The Curtain Of Residential Transition Loans

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    As residential transition loans and securitizations of such loans grow increasingly popular, real estate stakeholders should take care to understand both the unique features and potential challenges offered by this novel asset class, say attorneys at Mayer Brown.

  • Where Tax Policies Go Wrong: SALT In Review

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    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.

  • Mallory Opinion Implicitly Overturned NC Sales Tax Ruling

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    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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