State & Local
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May 09, 2024
Va. Builder's Sand Purchases Found Subject To Sales Tax
A Virginia homebuilder that purchased dirt and sand must pay sales tax on those purchases because both are tangible personal property, the state's tax commissioner ruled.
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May 09, 2024
Chamberlain Hrdlicka Rehires Tax Atty From Atlanta Boutique
Chamberlain Hrdlicka White Williams & Aughtry PC has rehired one of its former tax attorneys, who joins the firm in Atlanta after working at a tax law-focused boutique, the firm announced Wednesday.
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May 09, 2024
Va. Sales Tax Applies To IT Co.'s Purchases, Tax Head Rules
A Virginia information technology company that bought various assets for use in an exam-room device owes sales tax on those purchases, the state's tax commissioner ruled.
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May 08, 2024
NY AG Says $6M NRA Verdict Should Stand
A New York state court should not undo a jury's finding that the National Rifle Association allowed its officers to misappropriate $6.4 million of donor money, the state's attorney general has argued, saying trial evidence abundantly laid out evidence of misconduct and organizational failures.
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May 08, 2024
Credit Suisse Urges Mich. Panel To Reverse Biz Loss Denial
A Credit Suisse attorney pressed the Michigan Court of Appeals on Wednesday to clarify how the state's tax laws account for losses from real estate mortgage investment conduits, saying a lower court incorrectly denied its attempt to carry forward $21.3 million in losses.
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May 08, 2024
Ark. Curbs Finance Dept.'s Power To Challenge Tax Rulings
Arkansas will limit the state Department of Finance and Administration's ability to challenge the state Tax Appeals Commission's decisions in sales and use tax disputes as part of a bill signed by Gov. Sarah Huckabee Sanders.
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May 08, 2024
Calif. Justices Weigh Striking Anti-Tax Ballot Initiative
California Supreme Court justices sought to understand Wednesday if a measure approved for the November ballot that would make it harder to raise taxes would eliminate lawmakers' ability to tax and would illegally revise — rather than amend — the state constitution.
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May 08, 2024
Va. Tax Head Allows Modified Apportionment For Manufacturer
The Virginia tax commissioner abated most of a company's corporate income tax assessment after finding the business was eligible to use a modified apportionment method for manufacturers.
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May 08, 2024
Va. Rental Tax Doesn't Apply To Co.'s Long-Term Leases
A company that leases mobile and construction equipment from its parent company doesn't owe Virginia motor vehicle rental tax because the leases aren't short-term rentals, the state tax commissioner ruled.
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May 08, 2024
Va. Tax Head Finds Royalties Ineligible For Full Exception
A corporation filing in Virginia that paid royalties to an affiliate wasn't entitled to a state income tax exception for the full amount of the expense, the state tax commissioner said, citing a state Supreme Court ruling and concluding that the company's refund claim couldn't be granted.
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May 08, 2024
Va. Tax Head Won't Change Taxpayer's Apportionment Factor
A Virginia taxpayer that owns more than 10% of a limited partnership's interest is still not entitled to an alternate apportionment method, the state tax commissioner said in a letter ruling.
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May 08, 2024
Calif. Senate Committee Recommends Data Extraction Tax
California would levy its 7.25% state sales and use tax on large online companies with digital advertising revenue above $2.5 billion and use the tax revenue to fund a credit regime for local news outlets under a bill passed by a Senate committee Wednesday.
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May 08, 2024
Ind. Youth Center Rightly Denied Tax Exemption, Board Says
An Indiana youth center was correctly denied a religious tax exemption because the property is used to the benefit of the adopted children of the organization's founder, the state Board of Tax Review said in a decision published Wednesday.
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May 08, 2024
La. Board Says Class Claims On Solar Credits Need Tax Pleas
Louisiana residents who have joined in a class action seeking damages from deferred solar panel tax credits that were capped annually must amend their claims to include tax violations, the state Board of Tax Appeals said.
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May 08, 2024
Colo. House OKs Temporary Income Tax Cut, Refund Changes
Colorado would temporarily lower its flat income tax rate for the current tax year and could reduce the rate in upcoming years based on the levels of future state surpluses under legislation approved Wednesday by the state House of Representatives.
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May 08, 2024
NJ Utility Co. Appeals Tax Assessment On Labor Fees
A utility company based in New Jersey asked the state tax court to set aside a roughly $342,000 sales and use tax assessment, arguing that the Division of Taxation included labor charges that were not taxable.
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May 08, 2024
La. House OKs Constitutional Convention For Tax Overhaul
The Louisiana House of Representatives approved legislation that would call a convention to rework some elements of the state constitution, including moving certain tax provisions into state statutes to give lawmakers more flexibility to address a looming budget deficit.
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May 08, 2024
A Foley Hoag Co-Chair Joins Litigation Firm As Name Partner
Litigation and dispute resolution firm Elliott Kwok Levine & Jaroslaw LLP will operate under a new name after welcoming as its newest name partner a former federal prosecutor who most recently co-chaired Foley Hoag LLP's white-collar crime and government investigations practice.
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May 08, 2024
Va. Biz's Forklift Exempt From Use Tax, Commissioner Rules
A forklift owned by a business engaged in electronics dismantling and recycling qualifies for a use tax exemption because it was used for industrial processing, the Virginia tax commissioner said.
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May 08, 2024
Va. Tax Head Denies Exceptions For Receivables Factoring
The Virginia tax commissioner said a corporation that sold invoices to another entity doesn't qualify for an expense exception for factoring costs because it was unable to prove there was a valid business purpose other than the avoidance of tax.
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May 08, 2024
Colo. Lawmakers Approve Film Tax Credit Extension
Colorado's film production tax credit would run through 2031 and make changes to the credit under legislation passed Wednesday by the state Senate and headed to the governor.
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May 08, 2024
Mass. Dept. Says Part Of Bundled Phones' Value Not Taxable
Consumers buying discounted mobile phones in Massachusetts as part of a bundled package owe sales tax only on the amount actually paid, the state tax department said, responding to a 2023 court ruling.
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May 08, 2024
Colo. Lawmakers OK Historic Structure Tax Credit Extension
Colorado's tax credit for rehabilitation of historic structures would be extended and apply to structures as young as 30 years old under legislation approved by the Senate and headed to the governor.
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May 07, 2024
LA Cannabis Co. Owes $216K In Taxes, City Says
Los Angeles has slapped a Venice cannabis shop with a lawsuit accusing it of shirking a more than $200,000 tax obligation, asking a state court for to force the dispensary to pay up.
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May 07, 2024
SD Unapportioned Use Tax Unconstitutional, US Justices Told
South Dakota's imposition of an unapportioned use tax on a construction company's movable construction equipment — some of which was used in the state for one day — violates the fair apportionment requirement of the commerce clause, the company told the U.S. Supreme Court on Tuesday.
Expert Analysis
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9th Circ. Ruling Legitimizes Classwide Injury In Predominance
The Ninth Circuit's recent ruling that vacated class certification in Van v. LLR makes clear that the question of injury is highly relevant to the predominance analysis, and underscores the importance of making a persuasive argument that injury is individualized within the class, say attorneys at Skadden.
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Ohio Tax Talk: Tax Amendments In Operating Budget Proposal
Starting in 2023, the Ohio House of Representatives' budget bill would amend sales and use, income, and commercial activity tax provisions, so individuals and businesses must monitor its progression, considering the revisions could carry consequences or liability for taxpayers, say Raghav Agnihotri and Rachael Chamberlain at Frost Brown.
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A Tale Of 2 State Tax Sourcing Decisions: The Pa. Court's Path
The Pennsylvania Supreme Court’s recent decision in Synthes v. Commonwealth appropriately effectuated the Legislature's intent that ambiguous provisions in Section 17 of the Uniform Division of Income for Tax Purposes Act be construed to reflect the marketplace for the taxpayer's services, says Bruce Fort at the Multistate Tax Commission.
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A Tale Of 2 State Tax Sourcing Decisions: The Va. Court's Path
The Virginia Supreme Court's textualist approach in Department of Taxation v. R.J. Reynolds diverges from a recent Pennsylvania Supreme Court analysis and mistakenly precludes consideration of the goals and history underlying provisions of the Uniform Division of Income for Tax Purposes Act, says Bruce Fort at the Multistate Tax Commission.
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Digital Ads And Electric Vehicles: SALT In Review
From the latest move toward a tax on digital advertising to a proposed tax on the charging of electric vehicles, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Could The Supreme Court Legalize Marijuana Federally?
Amid slow legislative and executive movement on cannabis reform, it’s worth examining whether the U.S. Supreme Court could provide a pathway to federal cannabis legalization — a decision that would surely require strange bedfellows given the court’s current ideological makeup, say Whitt Steineker and Mason Kruse at Bradley Arant.
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Pennsylvania Is Gathering Momentum On Adult-Use Cannabis
Though Pennsylvania has been relatively slow-moving on cannabis reform, recent support from state leaders and pressure from neighboring states signal that legalization efforts are picking up steam, and could lead to the enactment of adult-use legislation soon, says Devin Malone at Clark Hill.
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Drinking And Driving: SALT In Review
From several proposed tax breaks related to vehicular considerations to one that would aid bourbon distillers in Kentucky, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Kentucky Tax Talk: Trouble With The Incentive Oversight Bill
The potential retroactivity of a bill to increase the transparency and General Assembly oversight of Kentucky’s tax incentive programs would be problematic for businesses that received awards in recent years, despite the legislation being aimed toward future development, say attorneys at Frost Brown.
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Justices' MoneyGram Opinion Could Spur State Legislation
The U.S. Supreme Court’s recent decision that federal law governs the escheatment of over $250 million in unclaimed MoneyGram checks provides clarity for some issuers, but aspects of related common law remain uncertain and states may take the opportunity to pass multistate escheatment legislation, say attorneys at Alston & Bird.
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Justices Leave Questions Open On Dual-Purpose Atty Advice
The U.S. Supreme Court's recent dismissal of In re: Grand Jury on grounds that certiorari was improvidently granted leaves unresolved a circuit split over the proper test for deciding when attorney-client privilege protects a lawyer's advice that has multiple purposes, say Susan Combs and Richard Kiely at Holland & Hart.
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Biz Purchases In Nebraska, Lobsters In Maine: SALT In Review
From a proposed tax exemption on business purchases in Nebraska to an attempt to punish lobster boycotts in Maine, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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High Court Ax Of Atty-Client Privilege Case Deepens Split
The U.S. Supreme Court's recent dismissal of In re: Grand Jury as improvidently granted maintains a three-way circuit split on the application of attorney-client privilege to multipurpose communications, although the justices have at least shown a desire to address it, say Trey Bourn and Thomas DiStanislao at Butler Snow.