State & Local
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May 06, 2024
Minn. House OKs Tax Bill With Corp. Disclosure Rule
Minnesota would demand disclosure of certain corporate franchise tax information and examine the prospect of worldwide combined reporting under parts of an omnibus tax package passed by the state House of Representatives.
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May 06, 2024
Fla. Changes Reporting Rules For 3rd-Party Payment Entities
Florida will require payment settlement entities such as PayPal or Apple Pay that conduct transactions involving payees with addresses in the state to create a method for identifying transactions for goods and services and report that information to the state tax department under a bill signed by Republican Gov. Ron DeSantis.
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May 06, 2024
Miss. Will Impose Excise Tax On Heated Tobacco Products
Mississippi will impose an excise tax on heated tobacco products, targeting single-use electronic cigarettes under a bill signed by the governor.
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May 06, 2024
Mo. Use Tax Applies To Ill. Co.'s Items Fabricated In State
An out-of-state pipe company owes Missouri use tax on materials that were delivered to a Missouri fabricator for modification before being shipped to an out-of-state customer, the state Department of Revenue said.
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May 06, 2024
Mass. April Revenue Up 32% Over 2023
Massachusetts' revenue collection for the month of April was up 32% over April 2023, the state Department of Revenue said in a report.
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May 06, 2024
RI Justices Rule Co. Waived Right To Appeal Tax Credit Loss
A Rhode Island real estate company forfeited its right to protest the state Division of Taxation's determination revoking its historic preservation tax credits by signing a settlement agreement, the state Supreme Court said, overruling a lower court.
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May 03, 2024
Informal Tax Guidance May Defy APAs, Panelists Say
How far states can go in adopting informal guidance without running afoul of administrative procedure acts is a vexing question that has prompted significant litigation, panelists said Friday.
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May 03, 2024
Ohio Justices Urged To Uphold Tax On Goods Held In State
Ohio's imposition of its gross receipts tax on a Kansas-based soap company's goods that were temporarily held in Ohio distribution centers before being shipped elsewhere passes constitutional muster, the state Department of Taxation told the Ohio Supreme Court.
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May 03, 2024
Tenn. Expands Sales And Use Tax Exemption For Data Centers
Tennessee expanded a sales and use tax exemption for qualified data centers under a bill signed by the governor.
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May 03, 2024
IRS Expects Updates To Hydrogen Credit Emissions Model
The Internal Revenue Service expects the U.S. Department of Energy to update a model used to determine eligibility for the new clean hydrogen production tax credit under recently proposed rules, an IRS attorney said Friday.
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May 03, 2024
Hawaii Legislature OKs Adjusting Tax Brackets For Inflation
Hawaii would adjust its income tax brackets and increase its standard deduction to account for inflation under a bill sent to the governor for approval.
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May 03, 2024
Iowa Tax Dept. Won't Rule On Payments' Deduction Eligibility
The Iowa Department of Revenue refused to issue a decision on whether installment payments to employee-shareholders of various companies resulting from the sale of certain stock qualify for a capital gain deduction for state income tax purposes, finding the matter would be better resolved through rulemaking.
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May 03, 2024
Ark. Net General Revenue Down From Last Fiscal Year
Arkansas' net general revenue through April was down 5.5% from the total at the same point last fiscal year, the state Department of Finance and Administration said in a memorandum.
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May 03, 2024
Colo. Senate Panel Clears Oil And Gas Fees
Colorado would create oil and gas production fees as part of a bill advanced by the Senate Finance Committee, but detractors said the fees would amount to a tax that would increase energy costs.
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May 03, 2024
Mo. Says Agent's Purchases For Exempt Entities Aren't Taxed
An agent of organizations that are exempt from Missouri taxes doesn't need to collect and remit sales tax on purchases of food or sales of meals on their behalf, the state Department of Revenue said.
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May 03, 2024
Kansas' April Revenue Beats Estimates By 8%
General revenue for Kansas in April was approximately 8% above estimates at $1.42 billion, the governor reported in a news release.
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May 03, 2024
Taxation With Representation: Skadden, Wachtell, Davis Polk
In this week's Taxation With Representation, L'Occitane International said its executive director and chair is leading an offer to buy the company's shares he doesn't already own, UMB Financial agreed to purchase Heartland Financial USA, Medline said it agreed to acquire Ecolab's global surgical solutions business and The Mosaic Co. said it agreed to sell its stake in a phosphate production joint venture.
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May 02, 2024
Calif. Bill Eyes Data Extraction Tax, Akin To Digital Ad Tax
California would levy the 7.25% state sales and use tax on large online companies with digital advertising revenue above $2.5 billion and would direct the tax revenue raised toward tax credits for local journalism outlets under a bill introduced by a key state senator.
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May 02, 2024
Fiserv Presses Fla. Appeals Court To Revive Tax Sourcing Suit
A Florida appeals court should overturn a lower court's dismissal of a tax sourcing challenge from Fiserv entities for failure to pay the contested amounts because state precedent doesn't allow the jurisdictional issue to negate the case, the companies argued.
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May 02, 2024
Mass. Property Is Agricultural, Appellate Board Says
A 14-acre property should be classified as agricultural, as the owner proved the land's main use was farming, the Massachusetts Appellate Tax Board said in a ruling released Thursday.
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May 02, 2024
Wyden Pushes Intuit To Help Users Get Refunds After Error
The Senate's top tax writer told Intuit's CEO that the company needs to help taxpayers in Oregon, the senator's home state, receive the full refunds they're entitled to after a reported error in its TurboTax product caused some Oregonians to overpay their state taxes.
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May 02, 2024
NY Assembly Bill Would Increase Tax Exemption For Clothing
New York would increase its tax exemption for items of clothing to $200 per item under a bill introduced in the state Assembly.
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May 02, 2024
Iowa Accelerates Transition To Flat Tax, Cuts Rate
Iowa is accelerating its transition to a flat individual income tax rate, slightly reducing the rate and extending the targeted jobs withholding credit, among other changes, under a tax omnibus signed by the governor.
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May 02, 2024
Nixon Peabody Adds Two Community Finance Attys In DC
Nixon Peabody LLP has hired two partners, who will focus their practices on helping nonprofits and other clients understand and obtain tax credits for a range of community development projects, to its community development finance practice in Washington, D.C., the firm announced Thursday.
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May 02, 2024
Colorado To Revise, Modernize Sales And Use Tax Statutes
Colorado will update the state's sales and use tax statutes and require more coordination between local taxing jurisdictions and the state Department of Revenue under legislation signed into law by Gov. Jared Polis.
Expert Analysis
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Why Supreme Court Should Allow Repatriation Tax To Stand
If the U.S. Supreme Court doesn't reject the taxpayers' misguided claims in Moore v. U.S. that the mandatory repatriation tax is unconstitutional, it could wreak havoc on our system of taxation and result in a catastrophic loss of revenue for the government, say Christina Mason and Theresa Balducci at Herrick Feinstein.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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Speaking Of Ideas Hard To Swallow: SALT In Review
From a Pennsylvania bill that would force corporate tax disclosure to a proposed candy tax in California, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Neb. Justices Should Weigh IRC Terms In Dividend Tax Case
Nebraska’s highest court, which will hear oral arguments in Precision CastParts v. Department of Revenue on April 1, should recognize that the Internal Revenue Code provides key clues to defining “dividends received or deemed to be received,” and therefore limits Nebraska’s tax on foreign-sourced corporate income, says Joseph Schmidt at Ryan.
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Strange But True, Here And There: SALT In Review
From a confusing proposal to relocate the Louisiana Tax Commission to a perplexing legislative vote on a citizen initiative in Washington state, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.