State & Local
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November 05, 2024
Calif. Seller Can't Retroactively Report Real Estate Gain
A California seller of a $10.6 million property in Beverly Hills may not retroactively choose to report the gain on the sale of the property on an installment basis, the state Office of Tax Appeals ruled, siding with the Franchise Tax Board.
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November 05, 2024
Ill. Dept. Floats Regs To Clarify Aviation Fuel Tax Discount
The Illinois Department of Revenue proposed regulatory amendments to clarify that a sales tax discount isn't allowed for a portion of taxes paid on aviation fuel that is subject to use requirements under federal transportation statutes governing aviation programs.
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November 05, 2024
Montana General Revenues Through Oct. Down $6M
Montana general revenue collection from July through October fell roughly $6 million compared with the same period in the last fiscal year, according to the state Department of Revenue.
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November 05, 2024
Florida Net Revenue Through Sept. Beats Estimate By $226M
Florida's net revenue collection from July through September beat revenue estimates by $226 million, according to a report by the state Office of Economic and Demographic Research.
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November 05, 2024
Iowa Net Receipts Through Oct. Drop $6M From Last Year
Iowa net receipts from July through October fell $6 million from the total for the same period last fiscal year, according to the state Legislative Services Agency.
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November 05, 2024
Calif. OTA Says Ga. Biz Owner Owes Income Tax
A Georgia resident is required to file and pay taxes on California income from a company he partly owned, the California Office of Tax Appeals ruled Tuesday, sustaining the findings of the state Franchise Tax Board.
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November 05, 2024
Ohio House Bill Would Eliminate Income Tax On OT Wages
Ohio would exempt overtime wages from the state's personal income tax under a bill filed in the state House of Representatives.
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November 05, 2024
On The Ground: How Attorneys Are Safeguarding The Election
Attorneys are working tirelessly Tuesday to support citizens and election workers on the final day of voting in what is expected to be one of history's closest and most contentious presidential contests.
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November 04, 2024
Fla. Judge Denies Bid To Halt Repeal Of Homeless Tax Idea
A Florida state court judge has denied a bid to stop the repeal of a Miami Beach tax proposal placed on the ballot to pay for homeless services days before the general election Tuesday, citing the court's inability to "second-guess" a political decision made by a legislative body.
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November 04, 2024
DC Makes Housing Tax Break Competitive Process Permanent
The District of Columbia made permanent its temporary authorization of a competitive process for tax abatements for housing developments under legislation signed by the mayor, though the measure is subject to congressional review before it becomes law.
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November 04, 2024
Colo. Urges Appeals Court To Toss Netflix Sales Tax Ruling
Netflix subscriptions in Colorado are tangible personal property subject to sales tax under long-standing state law, the state tax department told an appeals court, urging it to reverse a trial court ruling.
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November 04, 2024
Ark. Revenue Outpaces Estimate By $23M Through Oct.
Arkansas' net general revenue fund collection from July through October surpassed a forecast by roughly $23 million, according to a report released Monday by the state Department of Finance and Administration.
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November 04, 2024
Texas Revenues Through Oct. Up 2.6% From Last Year
Texas' net revenues collection from September through October outpaced last year's total for the same period by 2.6%, according to a report from the state comptroller's office.
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November 04, 2024
Ohio Tax Dept. Floats Updated Regs For Depreciable Assets
Ohio would clarify that taxpayers don't need to file a claim for a property tax deduction for every tax return in which business property assets are included at a depreciated value under regulatory updates proposed by the state Department of Taxation.
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November 01, 2024
Ohio Makes Play To Enter Cleveland Browns' Stadium Suit
Ohio asked to join Cleveland as a defendant in a suit filed by the Cleveland Browns alleging that a state law impeding the NFL team's plan to move to another city within the state is unconstitutional.
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November 01, 2024
Ind. Tax Dept. Says Co. Timely Filed Amended Returns
A company doing business in Indiana timely filed for an income tax refund, the Department of State Revenue said, finding that an advance pricing agreement between the company and the Internal Revenue Service counts as a federal modification.
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November 01, 2024
Mich. Senate Votes To Allow LLC Status For Telecom Cos.
Michigan would allow telecommunication companies to convert to limited liability companies while continuing to be considered corporations for state tax purposes under a package of bills passed in the state Senate.
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November 01, 2024
Taxation With Representation: Kirkland, Davis Polk, Wachtell
In this week's Taxation with Representation, BC Partners sells its majority equity interest in GardaWorld, Lone Star Funds sells specialty chemicals company AOC to Nippon Paint Holdings, Crescent Biopharma takes GlycoMimetics private, and Francisco Partners buys AdvancedMD from Global Payments.
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November 01, 2024
Ind. Co. Can't Shake Tax On Software From IT Provider
An Indiana company was correctly assessed additional sales tax on computer software that it acquired as part of a contract with a third party, the Department of State Revenue said in a letter of findings.
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November 01, 2024
Ore. Court Fines Man For Frivolous Tax Challenge
The Oregon Tax Court fined a resident on the grounds that he brought a frivolous challenge to an individual income tax assessment, rejecting his constitutional arguments and assertions of limits to Oregon's taxing power.
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November 01, 2024
Ore. Tax Bill To Fresenius OK Despite Minor Error, Court Says
A minor error in a tax deficiency notice sent to a Fresenius Medical Care entity, identifying it as a corporation instead of as a limited partnership, did not invalidate the notice, the Oregon Tax Court said.
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November 01, 2024
4 States To Vote On Expanding Cannabis Or Psychedelics
On Tuesday, voters in Florida, North Dakota and South Dakota will decide whether to legalize cannabis for adult recreational use, while Massachusetts — where marijuana is already fully legal — will decide whether to decriminalize and regulate certain psychedelics.
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October 31, 2024
Madigan Ally Set Up Work For Speaker's Fired Aide, Jury Told
An ex-lobbyist on trial alongside former Illinois House Speaker Michael Madigan made arrangements for a political operative that Madigan fired to receive monthly payments while he was unemployed, suggesting he enter into contracts with loyal lobbyists and write up reports on legislators "in case the IRS checks this out," a federal jury heard Thursday.
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October 31, 2024
Calif. Gov. Proposes Expansion Of Film And TV Tax Credit
California would more than double the annual amount of money allocated to its film and TV tax credit program as part of a proposal from Democratic Gov. Gavin Newsom, the governor's office said.
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October 31, 2024
Ind. Tax Dept. Says Ohio Man Wrongly Assessed Income Tax
A former Indiana resident was wrongly assessed individual income tax, the Department of State Revenue said in a letter of findings, because he was able to present evidence to prove that he lived in Ohio at the time.
Conn. Justice Warns Against 'Amelia Bedelia' Tax Law Reading
Whether a Connecticut judge properly restored a batch of tax appeals after dismissing them could center on the meaning of the word "may," a state Supreme Court justice said Monday, while also cautioning against an "Amelia Bedelia" approach to statutory construction, citing a children's book character known for her hyper-literalism.
Colo. Gov. Proposes Tax Credit To Woo Sundance Festival
Colorado Gov. Jared Polis wants the state to offer a new tax credit to lure the annual Sundance Film Festival, he said Friday in a presentation of his proposed $46.1 billion state budget for fiscal year 2025-26.
Ga. Justices Kill Free Speech Challenge To Strip Club Tax
A Georgia tax on strip clubs that's used to fund child trafficking prevention efforts has been upheld by the state's highest court, which said in a split decision that a First Amendment challenge to the tax by club owners failed to show the levy limited their speech.
Conn. Justice Warns Against 'Amelia Bedelia' Tax Law Reading
Whether a Connecticut judge properly restored a batch of tax appeals after dismissing them could center on the meaning of the word "may," a state Supreme Court justice said Monday, while also cautioning against an "Amelia Bedelia" approach to statutory construction, citing a children's book character known for her hyper-literalism.
Colo. Gov. Proposes Tax Credit To Woo Sundance Festival
Colorado Gov. Jared Polis wants the state to offer a new tax credit to lure the annual Sundance Film Festival, he said Friday in a presentation of his proposed $46.1 billion state budget for fiscal year 2025-26.
Ga. Justices Kill Free Speech Challenge To Strip Club Tax
A Georgia tax on strip clubs that's used to fund child trafficking prevention efforts has been upheld by the state's highest court, which said in a split decision that a First Amendment challenge to the tax by club owners failed to show the levy limited their speech.
Editor's Pick
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Law360 Will Track 2024 Ballot Measures On Real-Time Map
As citizens across the country weigh in on federal, state and local elections this November, Law360's 2024 ballot measure map will track election results for tax-related ballot measures in real time. Here, Law360 dives into what's on the ballots in Georgia, Nevada, Wyoming and Denver.
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Law360 Revenue Report Map Tracks Health Of State Coffers
As state coffers fluctuate because of federal pandemic aid drying up, demographics shifting and remote work becoming commonplace, Law360 Tax Authority is providing up-to-date coverage on state tax revenue with the launch of its Revenue Report Map.
Featured Stories
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4 States To Vote On Expanding Cannabis Or Psychedelics
On Tuesday, voters in Florida, North Dakota and South Dakota will decide whether to legalize cannabis for adult recreational use, while Massachusetts — where marijuana is already fully legal — will decide whether to decriminalize and regulate certain psychedelics.
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4 Ways Congress Could Try To Close The Tax Gap
The gap between federal taxes owed and paid — recently estimated at $696 billion for 2022 — could be addressed in several ways, including increasing information reporting or simplifying the tax code, experts told Law360.
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Real Estate Tax Ballot Initiatives To Watch
Next week, voters in seven states will be weighing in on a variety of real estate tax ballot initiatives, including various measures that would provide additional property tax relief to veterans.
Expert Analysis
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Kentucky Tax Talk: Finally Better Online Records At Revenue?
The Kentucky Department of Revenue has not taken significant visible steps toward complying with legislation requiring it to post administrative guidance on its website starting no later than Nov. 15, and refusal to do so would widen the transparency gap between the state and its more business-friendly neighbors, say attorneys at Frost Brown.
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Striking A Balance Between AI Use And Attorney Well-Being
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As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Overreach In Texas And An Acronym In Peril: SALT In Review
From the Council on State Taxation's take on a proposal in Texas to the potential end of a fundamental truth in Montana, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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NY Tax Talk: Questions In Corporate Franchise Tax Regs Case
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In the first challenge to New York's Corporate Franchise Tax regulations — Paychex v. Department of Taxation and Finance — the court has an important opportunity to provide clarity on a major retroactive application issue, say attorneys at Eversheds Sutherland.
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How Attorneys Can Break Free From Career Enmeshment
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Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Judicial Committee Best Venue For Litigation Funding Rules
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The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Home Canning Makes Me A Better Lawyer
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Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Sound Ideas And An Ill-Advised Gamble: SALT In Review
From potential reforms in Louisiana to tax incentives for a gambling company in Colorado, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.