State & Local
-
September 22, 2023
Judge Calls Some Of Trump's Args 'Crazy' In NY Fraud Case
A New York state judge on Friday pounded the bench as he expressed frustration with arguments made by Donald Trump's attorneys over what claims, if any, he can rule on ahead of trial in the massive fraud case against the former president, his sons and their business, calling some recurring arguments "literally crazy."
-
September 22, 2023
Chevron Doctrine Supporters Flock To High Court In Key Case
Health groups, scientists, a labor union, small businesses and environmentalists are urging the U.S. Supreme Court not to strike down a nearly 40-year-old precedent that allows judges to defer to federal agencies' interpretations of law in rulemaking disputes, arguing it's a valuable and reliable tool in administrative law cases.
-
September 22, 2023
Mich. Panel Says Oncology Co. Owes Taxes On Lab Supplies
An oncology company isn't entitled to an industrial processing use tax exemption on its equipment purchases because its work matching cancer patients to drug trials doesn't qualify as research and development, a Michigan appellate panel said.
-
September 22, 2023
Iowa Corp. Tax Rate To Drop As State Hits Revenue Target
Iowa's top corporate income tax rate will drop to 7.1% for tax year 2024, as the state met a revenue goal established in a 2022 law, the governor's office said in a news release Friday.
-
September 22, 2023
NY Appellate Court Rules Firm Not Liable For Housing Scheme
A private equity firm and a related entity should not be liable for a $13.6 million judgment over an affordable housing tax exemption scheme perpetrated by a company they allegedly controlled, a New York state appeals court ruled.
-
September 22, 2023
Ohio Sales Tax Won't Apply To Some Baby Products
Ohio will exempt the sale of some baby products from sales and use tax beginning Oct. 1 as a result of an exemption passed in the state budget, the state Department of Taxation said in a bulletin Friday.
-
September 22, 2023
Ore. Tax Court Nixes Penalty For Cannabis Biz
An Oregon cannabis grower doesn't owe a penalty for underpayment of taxes because he had reason to believe that a deduction later denied by the tax department was not prohibited, the state's tax court said.
-
September 22, 2023
Mass. Tax Dept. Details Surtax, Brownfields Credit Expansion
Losses in one part of Massachusetts income cannot be applied to reduce another part of income for purposes of the state's new 4% surtax on high earners, the tax department said.
-
September 21, 2023
Ill. City Dodges $6M Property Tax Refund After 20-Year Suit
An Illinois city doesn't need to repay $6 million in property taxes to the former owners of an apartment complex who paid those taxes while they were fighting the city's eminent domain suit in court, the Illinois Supreme Court ruled Thursday, reversing a lower appellate panel that held otherwise and ending a nearly two-decade dispute.
-
September 21, 2023
Real-Time Partnership Audits Would Give IRS Trove Of Data
The Internal Revenue Service is seeking feedback on a possible real-time audit program for partnerships, an initiative that if implemented could provide a wealth of valuable information that could be used to increase partnership compliance, practitioners told Law360.
-
September 21, 2023
Pa. Senate OKs Conforming To Fed Taxation Of Grantor Trusts
Pennsylvania would conform to federal law by allowing a grantor trust to be obligated to pay personal income tax on the trust's income regardless of whether the income is distributed to beneficiaries, under a bill passed unanimously by the state Senate.
-
September 21, 2023
Mich. Bill Seeks To Modify Entity-Level Tax Election Deadline
Michigan would allow taxpayers electing to pay at the entity-level to make the election on the due date of their return under a bill introduced in the state House of Representatives.
-
September 21, 2023
Iowa Dept. Floats Updated Regs For Property Tax Appeals
Iowa would clarify processes for the adjudication of property tax appeals before the state Property Assessment Appeal Board under regulatory updates proposed by the state Department of Revenue pursuant to a gubernatorial executive order issued earlier this year.
-
September 21, 2023
Philly Deputy Tax Commissioner Named To Top Post
Philadelphia's deputy tax commissioner will take over as leader of the city's Revenue Department, the mayor said Thursday.
-
September 21, 2023
Wis. Senate Bill Seeks Income Tax Cut For Main Bracket
Wisconsin would lower its marginal income tax rate for most taxpayers and expand the state's retirement income subtraction under legislation introduced in the state Senate.
-
September 21, 2023
Wis. Bill Would Allow Local Resort Area Tax Boosts
Wisconsin municipalities would be allowed to boost their local premier resort area tax rates to a maximum of 1.5% to pay for public safety expenses, pending a local resolution and voter approval, under a bill introduced in the state Senate,
-
September 20, 2023
Colo. Justices Mull How Tax Money For Urban Renewal Works
Colorado property tax officials told the state high court Tuesday that the state's method for calculating what portion of tax revenue increases are properly attributed to the benefits of urban redevelopment areas, and will go to fund redevelopment efforts, is a reasonable solution to a tricky question.
-
September 20, 2023
MTC Group Plans Model Rule On Sourcing Partners' Payments
A Multistate Tax Commission work group tackling the complex issue of how to source state income from partnerships said Wednesday that it will begin work on a model rule treating partners' guaranteed payments in the same way as distributive shares.
-
September 20, 2023
Pa. Senate OKs Income Tax Break For Mine, Well Depletion
Pennsylvania would allow a personal income tax deduction for the depletion of a natural deposit in conformity with federal tax law under a bill passed by the state Senate.
-
September 20, 2023
Ore. Justices Rule Man's Claim For Tax Relief Is Moot
The Oregon Tax Court correctly decided that a man's claim that he was wrongly assessed an income tax liability is moot after the tax department dismissed the assessment, the state Supreme Court ruled.
-
September 20, 2023
Mich. House OKs Extension For Local Income Tax Protests
The time a taxpayer has to protest a notice of intent to assess local income tax in Michigan would double under a bill passed by the state House of Representatives.
-
September 20, 2023
Ohio Seeks Comments On Updates To Biz Tax Regs
The Ohio Department of Taxation is seeking comments on proposed regulatory updates that would implement changes to the commercial activity tax enacted under budget legislation in July.
-
September 20, 2023
NJ Explains Changes To Net Deferred Tax Liability Deduction
New Jersey's tax agency issued a revised bulletin Wednesday explaining how combined groups should calculate their net deferred tax liability deduction under recent legislative changes that allow the deduction to be taken over at least a minimum of 27 tax periods.
-
September 19, 2023
T-Mobile Says Tax Reimbursement Suit Had Its Chance
T-Mobile told a New Jersey federal court that it's time to toss a suit brought by a middleman seeking to collect tax reimbursements the mobile behemoth had promised a landlord, saying the latest iteration of the complaint all but admits the defects can't be cured.
-
September 19, 2023
Calif. Ballot Measures Seek To Make It Easier To Raise Taxes
Special taxes to fund local housing or infrastructure could pass under a lower approval threshold and it could become more difficult to require higher thresholds for other tax measures under two ballot initiatives approved by the California Legislature.
New Ballot Measures Could Change California Tax Landscape
IBM Says Constitution Compels $109M NY Royalty Tax Refund
Maryland Digital Ad Tax's Aims Scrutinized By 4th Circ.
New Ballot Measures Could Change California Tax Landscape
A group of California measures that are planned, either by citizen initiative or legislative vote, for inclusion on the November 2024 ballot will compete with each other to put a stark choice before voters: make it easier to raise taxes, or make it more difficult.
IBM Says Constitution Compels $109M NY Royalty Tax Refund
New York's tax agency put forth a misunderstanding of the commerce clause in arguing for the state's highest court to affirm that IBM can't deduct foreign royalties and obtain a $109 million tax refund, IBM said in a brief Law360 obtained Thursday.
Maryland Digital Ad Tax's Aims Scrutinized By 4th Circ.
Maryland's digital advertising tax appears aimed at punishing certain companies rather than just raising revenue, a Fourth Circuit judge suggested Wednesday, echoing arguments made by the U.S. Chamber of Commerce and other businesses groups challenging the tax.
Editor's Pick
-
Justices Won't Hear Wis. Printer's NC Sales Tax Case
The U.S. Supreme Court declined on Tuesday to review the North Carolina Supreme Court's decision that it was OK for the state to levy sales tax on a Wisconsin-based printing company with a transaction that took place entirely outside North Carolina.
-
Wayfair At 5: The Case That Changed The State Tax Landscape
Five years after the U.S. Supreme Court decided South Dakota v. Wayfair in favor of allowing states to compel retailers to collect and remit sales and use tax even if the retailer has no physical presence in the state, the outlook for state taxation has changed profoundly. Every week from now until the week of June 21, the day Wayfair was decided in 2018, Law360 will examine Wayfair At 5.
Featured Stories
-
New Ballot Measures Could Change California Tax Landscape
A group of California measures that are planned, either by citizen initiative or legislative vote, for inclusion on the November 2024 ballot will compete with each other to put a stark choice before voters: make it easier to raise taxes, or make it more difficult.
-
Real-Time Partnership Audits Would Give IRS Trove Of Data
The Internal Revenue Service is seeking feedback on a possible real-time audit program for partnerships, an initiative that if implemented could provide a wealth of valuable information that could be used to increase partnership compliance, practitioners told Law360.
-
The Tax Angle: Lawmakers Lobby For Pet Tax Breaks
As House lawmakers lobbied the chamber's tax panel for everything from tax breaks for bourbon distillers and race horses to tax relief for timber growers and disaster victims, here's a peek into a reporter's notebook on one of this week's developing tax stories.
Expert Analysis
-
Another Ark. Tax Cut And Chicago Transit: SALT In Review
From yet another income tax cut in Arkansas to proposed extra funding for Chicago transit, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
-
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
-
Kentucky Tax Talk: Taking Up The Dormant Commerce Clause
Attorneys at Frost Brown examine whether the U.S. Supreme Court is likely to review Foresight Coal Sales v. Kent Chandler to consider whether a Kentucky utility rate law discriminates against interstate commerce, and how the decision may affect dormant commerce clause jurisprudence.
-
TCJA Workarounds And A Misstep In Va.: SALT In Review
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
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
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
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
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
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
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
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
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
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.