State & Local

Expert Analysis

• Notes On Social Equity From A Former Cannabis Regulator

  

  Duane Morris’ Matthew McCarthy, former lead prosecutor in regulatory enforcement actions at the Maryland Medical Cannabis Commission, shares observations on the multifaceted efforts by government and the cannabis business community to build a more equitable industry and foster diverse ownership, highlighting the role of data reporting and community outreach.

• Watching The Legal Sports Betting Ecosystem Take Shape

  

  The number of U.S. states getting in on the recently legalized $4.29 billion sports-betting industry is on the rise, and stakeholders must be aware that the regulatory scheme looks dramatically different from state to state, say James Johnston and Louis DiLorenzo at Davis+Gilbert.

• How To Address Research Expenditures Amid Uncertainty

  Taxpayers need to prepare for the significant technical and compliance challenges of following Internal Revenue Code Section 174's new rules for experimentation expenditure capitalization and amortization, notwithstanding the rules' unresolved legislative future, say tax advisers at Grant Thornton.

• Advising A Cannabis Business Amid Patchwork Of Regs

  Excerpt from Practical Guidance

  

  As the cannabis industry continues to grow, so does its widely varied patchwork of local, state and federal regulation, and practitioners should familiarize themselves with the specific rules on tax, real estate, intellectual property and banking applicable in the jurisdictions where their clients operate, say Patrick Hines and Fallon Martin at Hodgson Russ.

• Is NJ's Voluntary Transfer Pricing Initiative Really Voluntary?

  

  The New Jersey Division of Taxation's voluntary transfer pricing audit initiative promises penalty abatement to taxpayers that elect to participate and agree to the division's proposed adjustments, but the effective penalties associated with nonparticipation raise questions about the program's voluntary nature, say attorneys at McDermott.

• ​Boardroom Lessons From Shareholders' Diversity Lawsuits

  

  Corporate efforts to promote diversity, equity and inclusion in the workplace are gaining momentum, and shareholder derivative lawsuits offer important lessons on how boards may protect themselves while fostering diverse workforces and safeguarding company goodwill, say attorneys at Covington.

• Mass. Bills Will Have Broad Impact On Cannabis Industry

  

  Legislation recently passed by both chambers of the Massachusetts Legislature will make sweeping changes to the commonwealth’s cannabis industry, altering everything from municipal agreements to on-site consumption, and improving social equity while reducing businesses' tax burdens, says Cloe Pippin at Foley Hoag.

• Critiques Of NY Tax Whistleblower Bill Are Untenable

  

  Amending the New York False Claims Act to allow whistleblower actions against those who fail to file tax returns will combat invisible fraud and return stolen revenue to the state, and recent objections that the pending bill to do this would dangerously expand the act do not pass muster, say Neil Getnick and Courtney Finerty-Stelzner at Getnick & Getnick.

• Ohio Tax Talk: Unpacking The New Property Tax Procedures

  

  New procedures for challenging real property tax valuations in Ohio may reduce tax revenue for political subdivisions and school districts, but are also likely to help boost development in the state and streamline its real estate tax, say Yazan Ashrawi and Raghav Agnihotri at Frost Brown.

• Calif. Supermajority Ruling May Change Local Tax Landscape

  

  The California Supreme Court's 2017 decision in California Cannabis Coalition v. City of Upland, which provided an easy path to pass special taxes while avoiding the Constitution's supermajority voting requirements, may lead to a rise in taxes that benefit specific populations, as more special tax initiatives are introduced at a local level, say Timothy Gustafson and John Ormonde at Eversheds Sutherland.

• Kentucky Tax Talk: Unpacking The 2022 Legislative Session

  

  Individual Kentuckians will feel the changes made this legislative session as cuts to state income tax increase their net pay, while new sales taxes make many purchases more expensive, a change unlikely to help or hurt most Kentucky businesses, say attorneys at Frost Brown.

• Crypto Investors May Face Increasing State FCA Tax Liability

  

  Cryptocurrency investors who fail to report the state tax consequences of transactions are poised to encounter increased civil or criminal legal exposure as a growing number of states bring tax fraud under the purview of their whistleblower statutes, say attorneys at Brownstein Hyatt.

• What Ohio Tax Bill Would Mean For Business Sales

  

  A pending Ohio bill would codify two situations in which selling an equity or ownership interest in a business would be considered business income, clarifying a number of ambiguous tax situations, say attorneys at Taft.