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State & Local

  • October 19, 2018

    Opportunity Zone Regs Could Still Leave Openings For Abuse

    Guidance released Friday by the U.S. Department of the Treasury on the deferral of taxable gains under the opportunity zone program leaves potential avenues for abuse by investors, who may be able to take advantage of uncertainty over the treatment of vacant lots, as one example.

  • October 19, 2018

    $51B A Year In US-Backed Bonds Go To State Works: CBO Report

    A recent report by the Congressional Budget Office said U.S. states and localities used a yearly average of $43 billion in tax-exempt bonds and $8 billion in tax credit bonds backed by the federal government for transportation and infrastructure projects from 2007 through 2016.

  • October 19, 2018

    Sales Tax Landscape Constantly Changing, Panelists Say

    The nature of sales tax is changing constantly now, even without considering the biggest development in sales and use tax law in the last 30 years, a tax forum panel said in Nashville, Tennessee, Friday.

  • October 19, 2018

    RI Rejects Sales Tax On Remote Biz With In-State Connection

    The Rhode Island state tax administrator, following the recommendation of an administrative law judge, has rejected the imposition of sales tax on an out-of-state horse care and riding supplies retailer based on the in-state presence of a sister company, saying the company lacked substantial nexus.

  • October 19, 2018

    Calif. Partnership Members Liable For State Tax, Board Says

    The California Franchise Tax Board published a ruling Friday clarifying that if a limited liability company partnership is considered as “doing business” in the state, so are its members, and those members are thus required to fulfill the state's filing requirements and subject to applicable taxes.

  • October 19, 2018

    Deceased La. Man Hid $11.7M Income Overseas, Tax Board Says

    The Louisiana Board of Tax Appeals has upheld in a decision released Friday more than $850,000 in tax assessments against the succession of a deceased individual, determining he fraudulently stashed more than $11.7 million in income overseas to evade taxes during a six-year span.

  • October 19, 2018

    Ark. Advises On Med. Equipment Lease Contracts’ Sales Tax

    The Arkansas Department of Finance and Administration has advised a medical equipment lessor on the different methods of sales tax collection it must use for its different contracts.

  • October 19, 2018

    Minn. Smoke Shop Owner Charged With $900K Tax Evasion

    A Minnesota county attorney’s office has charged an owner of tobacco shops with 42 tax-related felonies and one gross misdemeanor, accusing him of evading more than $918,000 in sales taxes, the Minnesota Department of Revenue has announced.

  • October 19, 2018

    Taxation With Representation: Wachtell, Simpson, Cravath

    In this week’s Taxation With Representation, Harris Corp. snags L3 Technologies Inc. for $35 billion, Novartis AG inks $2.1 billion deal with Endocyte Inc., Invesco Ltd. scoops Massachusetts Mutual Life Insurance Co.’s asset management unit OppenheimerFunds for $5.7 billion, and Oncor Electric Delivery Co. and Sempra Energy nab InraREIT for $1.3 billion.

  • October 19, 2018

    NJ Bill Would Bar Petroleum Product Tax Hikes, Allow Cuts

    A bill recently introduced in the New Jersey Legislature would eliminate the authority of the state treasurer to increase the tax rate on petroleum products to account for a shortfall in the highway fuel cap amount but would continue to allow rate reductions.

  • October 19, 2018

    New York Disbars Vermont Lawyer Who Filed False Tax Returns

    A New York appeals court on Thursday disbarred an attorney after learning he had been disbarred in Vermont for intentionally filing false corporate and individual tax returns.

  • October 19, 2018

    Ore. Tax Court Reduces Carpentry Website’s Gross Receipts

    The Oregon Tax Court has found that while a carpenter failed to substantiate deductions claimed on his 2014 personal income tax return, the gross receipts for a website he operated should be reduced by amounts that can be proven.

  • October 19, 2018

    La. Amends Savings Program Regulations To Allow Rollovers

    The Louisiana Office of Student Financial Assistance has adopted a rule to conform the Student Tuition Assistance and Revenue Trusts, or START, savings program to a provision in the federal tax overhaul passed in December.

  • October 19, 2018

    Pa. Bill Proposes Taxing Video Games With Mature Content

    Pennsylvania would impose a tax on each retail sale of video games that have an adults-only rating or mature rating under legislation recently introduced into the state House of Representatives.

  • October 19, 2018

    Calif. Office Provides Analysis Of Remote Use Tax History

    The California Legislative Analyst’s Office has summarized the history and details of use tax collection from remote sales for the state Assembly Revenue and Taxation Committee and Senate Governance and Finance Committee.

  • October 19, 2018

    Transfer Pricing And An 'Ironic' Letter To IRS: SALT In Review

    From how transfer pricing is affecting state corporate income taxes to blue states' "ironic" letter asking the new IRS commissioner to repeal proposed state and local tax deduction cap regulations, Quarles & Brady LLP's David Brunori shares his thoughts on this week's important state and local tax matters.

  • October 18, 2018

    Calif. Appeals Court Upholds Local Sales Tax Measure

    A California appeals court on Thursday rejected a woman’s challenge to a Santa Clara County sales tax measure for not specifying the purposes of the tax, but said the taxing authority erred by not responding to her public records request.

  • October 18, 2018

    Pa. On The Verge Of Adding Booking Fees To Hotel Tax

    The Pennsylvania Legislature has approved a bill that would include accommodation fees and other booking agent charges in the calculation of the commonwealth’s hotel occupancy tax.

  • October 18, 2018

    Virgin Islands Gov’t Objects To Class Cert. In $97M Tax Case

    The more than 18,000 Virgin Islands taxpayers owed $97 million in tax refunds are too diverse to certify as a class, the island’s government said in a brief filed in the Virgin Islands District Court.

  • October 18, 2018

    Wash. Tells Justices Tribal Right Isn't Violated By Fuel Tax

    The Washington State Department of Licensing told the U.S. Supreme Court to reverse a state Supreme Court ruling in favor of a tribal fuel distributor, saying a fuel tax does not violate the Yakama Nation’s right to travel on public highways and the company read a tribal treaty right too broadly while mischaracterizing state law.

Featured Stories

  • Workaround Rules And Good Ideas From Conn.: SALT In Review

    David Brunori

    From a recent paper on the IRS' proposed regulations addressing state and local tax deduction cap workaround rules to new ideas from a Connecticut gubernatorial candidate, Quarles & Brady LLP's David Brunori offers his thoughts on this week's must-follow state and local tax news.

  • Opportunity Zone Regs Could Still Leave Openings For Abuse

    Amy Lee Rosen

    Guidance released Friday by the U.S. Department of the Treasury on the deferral of taxable gains under the opportunity zone program leaves potential avenues for abuse by investors, who may be able to take advantage of uncertainty over the treatment of vacant lots, as one example.

  • Huge Tax Incentives Spur Calls For More Compliance Audits

    Matthew Nesto

    The proliferation of multibillion-dollar, tax-funded economic incentive deals by state and local governments has placed a renewed focus on the need for compliance, with some localities even clawing back awards from companies that fail to meet agreed-upon objectives.

Expert Analysis

  • Foreign Investors May Benefit From Opportunity Zones

    Galia Antebi

    Galia Antebi and Nina Krauthamer of Ruchelman PLLC discuss the elements of the opportunity zone tax code provision and the related options for non-U.S. investors, who generally are not subject to U.S. taxation on dispositions of capital property other than U.S. real property.

  • Updated Rules For NYC's 421-a Tax Exemption Beneficiaries

    Daniel Bernstein

    New York City has been changing its 421-a tax exemption program, altering and clarifying prevailing wage requirements and imposing construction wage requirements for large new buildings. Daniel Bernstein of Rosenberg & Estis PC recaps the last two years of developments.

  • State Tax Codes Can Help Mitigate Poverty

    Misha Hill

    There are several tools at the disposal of state policymakers — particularly within their state tax codes — to help alleviate some of the financial pressure families face when living at or near the poverty level, say Aidan Davis and Misha Hill of the Institute on Taxation and Economic Policy.

  • Sweeping Business Tax Changes Continue In New Jersey

    David Gutowski

    As part of Gov. Phil Murphy’s efforts to “modernize” business taxes, New Jersey recently enacted significant changes to its corporation business tax — furthered by a bill the governor signed on Oct. 4. Meant to provide only "technical corrections," the bill includes even more substantive tax changes, say attorneys from Reed Smith LLP.

  • Illinois Tax Talk: The Franchise Tax

    Christopher Lutz

    Very few states employ a tax on paid-in capital in the manner Illinois does. In this edition of Illinois Tax Talk, Christopher Lutz of Horwood Marcus & Berk Chtd. discusses the Illinois franchise tax.

  • Justices Will Side With Federal Retirees In W.Va. Tax Case

    Edward Zelinsky

    The U.S. Supreme Court will decide this term whether the state of West Virginia can tax a federal employee's retirement income if the retirement income of certain state retirees is entirely tax exempt. Professor Edward Zelinsky of Cardozo School of Law predicts the high court will hold that state and federal retirees must be granted the same exemptions.

  • Opinion

    Trump Family Tax History: A Professional Evaluation

    Steve Moskowitz

    From his perspective as a tax defense attorney for the past 30 years, Steve Moskowitz of Moskowitz LLP weighs in on the allegations of past tax impropriety by the Trump family.

  • 5.5 Ways To Remove GILTI From Your State Tax Base

    Zal Kumar

    In many states, the lack of specific guidance addressing the inclusion of global intangible low-taxed income, or GILTI, is causing concern that GILTI will be includible in the state tax base. Attorneys from Mayer Brown LLP highlight several possible avenues for removing GILTI from the state tax base.

  • Some Safe-Harbor Provisions Remain In New Ill. Use Tax Rule

    Emily Fiore

    Illinois law requiring remote sellers with no physical presence in Illinois to register and collect use tax on sales goes into effect on Oct. 1, 2018. Emily Fiore of Akerman LLP discusses further guidance on the state’s new economic nexus statute.

  • NY Tax Minutes: September

    Timothy Noonan

    In the latest installment of their monthly column, Timothy Noonan and K. Craig Reilly of Hodgson Russ LLP revisit the ongoing battle over the SALT deduction cap, note the importance of taxpayer testimony in domicile cases, address nonaudit-related legal challenges facing taxpayers and review New York City’s better-late-than-never guidance on repatriated income.