State & Local
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April 03, 2024
Capital One Owes Tax On Interest From Customers, Fla. Says
Interest that Capital One entities received from credit card and loan customers based in Florida should be included in the companies' income that's apportionable to that state, the Florida Department of Revenue told a state court, rebutting the banks' claims that the income is sourced to out-of-state offices.
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April 03, 2024
Md. Lawmakers OK Special Tax Rates For Vacant Property
Maryland would authorize its counties and the city of Baltimore to impose special tax rates on vacant or abandoned property under legislation approved by lawmakers and headed to the governor.
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April 03, 2024
Calif. OTA Backs Added Tax Charged To NY Couple
The California Franchise Tax Board correctly ruled that a New York couple's unreported pension or annuity income should be included in the calculation of their adjusted gross income and California tax rate, the state Office of Tax Appeals said in an opinion published Wednesday.
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April 03, 2024
Pa. Court Revives Challenge To Lodge's Assessed Size
A Pennsylvania couple is able to challenge the assessed square footage of their rental lodge despite a prior settlement with the local assessor, as the assessor later amended the listed square footage, the state's Commonwealth Court ruled Wednesday.
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April 03, 2024
Trump Ally Brings Ethics Query Over Judge's CNN Interview
An ally of Donald Trump has raised ethics concerns about a senior D.C. federal judge, complaining that the judge's statements on CNN about the former president's statements about the judiciary was "highly prejudicial" toward Trump's four pending criminal cases.
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April 03, 2024
Grading State Tax Policy And Judging The 'Dirty 30'
For the first time in a quarter-century, the Council on State Taxation, which represents the state tax interests of more than 500 multinational corporations, is led by someone who is not named Douglas L. Lindholm. Here, Law360 speaks with the organization's new president emeritus.
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April 03, 2024
Mich. Will Allow Local Excise Tax Increases On Hotel Stays
Cities and townships in Kent County, Michigan, will be able to levy an excise tax on hotel and motel stays, if voters approve, under a bill signed by Gov. Gretchen Whitmer.
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April 03, 2024
Calif. Board Correctly Adjusted Woman's Liability, OTA Says
The California Franchise Tax Board was correct when it assessed additional tax liability from a woman after her federal income was adjusted, the state Office of Tax Appeals ruled.
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April 03, 2024
Ariz. Appeals Court Says Online Auto Parts Dealer Has Nexus
An online auto parts dealer had enough physical presence in Arizona to create a nexus for the purposes of the state's transaction privilege tax, a state appeals court said, reversing the state tax court's decision.
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April 03, 2024
Maine Nuclear Waste Sites Not Eligible For Tax Exemption
Maine won't allow facilities that store spent nuclear fuel to qualify as air pollution control facilities for property tax exemption purposes under clarifying legislation signed by the governor.
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April 03, 2024
Calif. Store's CEO Liable For Unpaid Sales Tax, Agency Says
A California store's chief executive officer and manager is liable for the store's unpaid sales tax liability because he was the point person for sales and use tax matters, the state Office of Tax Appeals ruled.
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April 03, 2024
Calif. OTA Nixes Lakers Owner's Property Loss Claim
Los Angeles Lakers owner Jeanie Buss isn't eligible for a tax refund on the sale of her beachfront property because it was not a business transaction that resulted in a loss that could be carried back, the state Office of Tax Appeals ruled.
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April 02, 2024
Trump Wants New Bite At Recusal Over Judge's Daughter
Donald Trump is again seeking the recusal of the judge overseeing his Manhattan criminal case, saying the judge's daughter and her political consulting firm stand to financially benefit from the case, while prosecutors argued Trump's "daisy chain of innuendos" isn't evidence that the judge, or his daughter, will gain anything.
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April 02, 2024
Hunter Biden Can't Toss 'Vindictive' Criminal Tax Charges
Hunter Biden lost his bid to end his criminal tax case over claims his prosecution is vindictive and politically motivated, among other arguments, after a California federal judge ruled Monday that Biden "filed his motion without any evidence" and merely "cites portions of various internet news sources, social media posts and legal blogs."
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April 02, 2024
Challenges To IRS' Regs On SALT Cap Workarounds Tossed
The Internal Revenue Service and the U.S. Treasury Department won't face challenges from three states and a village in New York to final regulations barring workarounds to the cap on state and local tax deductions due to a New York federal judge's decision.
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April 02, 2024
Tenn. House Panel Advances $800M In Corp. Tax Rebates
Tennessee would revise its corporate franchise tax and issue rebates of about $800 million for past payments under legislation approved Tuesday by a state House committee, setting the plan up for a vote in the full House.
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April 02, 2024
No Agent Tax Break For Aramark, Ohio Tells State Justices
Ohio's tax appeals board correctly found that Aramark does not qualify for an agency exclusion for reimbursements it received from clients on purchases made on their behalf, Ohio's tax agency told the state Supreme Court on Tuesday.
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April 02, 2024
Boston Bomber Case Offers Clues For Trump Jury Selection
A recent ruling that may undo the Boston Marathon bomber's death sentence holds lessons for Donald Trump's upcoming trials, where attorneys will need to make prospective jurors comfortable enough to admit bias before they're picked — and potentially avoid years of appellate fights.
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April 02, 2024
Ariz. Senate OKs 3rd-Party Sourcing Certification Plan
The Arizona Department of Revenue would create a certification process for third-party providers of sourcing services to taxpayers that sell tangible personal property in the state under a bill passed in the Senate.
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April 02, 2024
Pa. Revenue In March Tops Estimate
Pennsylvania's collected revenue in March was 4.8% higher than previously estimated, the state Department of Revenue said.
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April 01, 2024
Trump's Gag Order Expands Over 'Attacks' On Judge's Family
Donald Trump has a constitutional right to respond to alleged political attacks, but he does not have a right to attack family members of the state judge overseeing his criminal case in New York, the judge ruled late Monday, expanding the former president's gag order in his hush money case.
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April 01, 2024
Combined Reporting Could Fight Tax Avoidance, Group Says
States lose at least $10 billion annually as multinational corporations shift profits to low-tax jurisdictions, according to a report by the Center on Budget and Policy Priorities, but enacting worldwide combined reporting could help remedy the problem.
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April 01, 2024
Chamber Says Md. Digital Ad Tax Rule Violates Free Speech
Maryland's law against passing through its digital advertising tax to consumers is an unconstitutional restriction on free speech, business groups told a federal court, responding to its order for briefs on the meaning of the provision.
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April 01, 2024
Berkshire Unit Merits Neb. Deduction, State Justices Told
Nebraska's deduction for certain dividends should apply to income repatriated under the 2017 federal tax overhaul, an attorney for a Berkshire Hathaway entity told the state Supreme Court on Monday.
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April 01, 2024
Fla. High Court Says Voters Will Choose Whether To Legalize Pot
Florida voters will have the opportunity to legalize recreational marijuana at the ballot box this November, after the state Supreme Court on Monday rejected a challenge brought by the state's attorney general and ruled that the proposal didn't violate a state rule restricting ballot measures to only one subject.
Expert Analysis
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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.
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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.
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Mallory Ruling Doesn't Undermine NC Sales Tax Holding
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.
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Calif. Policymakers Should Aid Crashing Cannabis Market
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.
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What Came Of Texas Legislature's Long-Promised Tax Relief
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.
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Looking Behind The Curtain Of Residential Transition Loans
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.
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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.