Bruce Ely

Bruce Ely

Bradley Arant Boult Cummings LLP

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Petition for Writ of Certiorari Denied by Alabama Supreme Court in Key Sales Tax Case

Last Friday the Alabama Supreme Court denied the ADOR’s petition for writ of certiorari in the case of State Dep’t of Revenue v. Omni Studio, L.L.C. The denial by the Supreme Court follows a pro-taxpayer ruling in the Alabama...more

10/7/2016 - Advertising AL Supreme Court Marketing Petition for Writ of Certiorari Photographs Sales Tax

Tax Tribunal Strikes Down Limitation on Credit for Taxes Paid to Other States

Readers may recall that Alabama Act 2012-427 permitted Alabama residents that owned interests in multistate pass-through entities (e.g., LLCs, partnerships, and S corporations) to claim a credit against their Alabama income...more

10/7/2016 - Corporate Taxes Double Taxation Income Taxes Pass-Through Entities S-Corporation Tax Liability Tax Rates Tax Tribunal

ADOR Proposes Substantial Rule Change For Partnerships

The ADOR has proposed a number of amendments to its rule governing the filing of partnership tax returns, Form 65. The new rule, as proposed, inserts language conforming with Alabama’s recently enacted “factor presence nexus”...more

9/29/2016 - Amended Legislation Business Taxes Department of Revenue Limited Liability Companies Partnerships Public Hearing Tax Returns

Alabama Department of Revenue Submits Response in Economic Nexus Test Case

The Alabama Department of Revenue (ADOR) quietly filed its Answer in the ongoing challenge by Newegg, Inc. to the so-called economic nexus threshold set forth in ADOR Rule 810-6-2.90.03 for certain out-of-state retailers. In...more

9/29/2016 - Department of Revenue Economic Presence Nexus Internet Retailers Retailers Sales & Use Tax Substantial Nexus

Alabama Legislature Signals Reexamination of Tax Incentives and Exemptions: Economic Development News

During the recently ended legislative special session, Senate President Pro Tem, Senator Del Marsh (R-Anniston), introduced and quickly passed Senate Resolution 20 that establishes an exploratory committee aimed at evaluating...more

9/20/2016 - General Fund Legislative Agendas Legislative Committees State Budgets State Taxes Task Force Tax Code Tax Credits

Jefferson County Sales Tax Ruling Appealed, Constitutional Amendment on November Ballot

A decision affecting Jefferson County’s one-cent sales tax increase to pay for a bond refinancing has been appealed to the Alabama Supreme Court, but the ramifications of the circuit court ruling have proved to be much...more

9/12/2016 - AL Supreme Court Ballot Measures Constitutional Amendment Legislative Agendas Sales Tax

Alabama Legislature Signals Reexamination of Tax Incentives and Exemptions: State and Local Tax Alert: Alabama Edition

Following a contentious special session in which multiple proposals for a state-wide lottery were debated then abandoned, the Alabama Legislature adjourned on September 7 after approving an approximate $640 million bond issue...more

9/12/2016 - Bonds BP Deepwater Horizon Gulf Oil Spill New Legislation State Budgets Tax Code Tax Exemptions Tax Incentives

Long-Awaited Alabama Tax Amnesty Program Kicks Off

Beginning June 30 and running through August 30, the Alabama Department of Revenue (ADOR) is offering many taxpayers an opportunity to come forward voluntarily and pay a litany of delinquent state and state-administered local...more

7/6/2016 - Apportionment Corporate Taxes Department of Revenue Income Taxes Nexus Public Hearing Sales & Use Tax Tax Amnesty Voluntary Compliance

Recent Alabama Tax Developments

The Alabama Legislature adjourned sine die on May 4 bringing the 2016 Regular Session to an end. The 2017 Regular Session is scheduled to begin in February and there have been reports of a potential special session later in...more

5/17/2016 - Apprenticeships Captive Insurance Company Contingency Fees Corporate Taxes Excise Tax Hiring & Firing Income Taxes Insurance Industry Legislative Agendas Multistate Tax Commission Ports Reporting Requirements Shipping Cargo Small Business Tax Credits Tax Rates

Progress Report on ADOR’s Non-Nexus Vendor Remittance Program

The Alabama Department of Revenue’s (ADOR) well-publicized effort to subject remote sellers to the state's sales and use tax regime is designed primarily to force either the U.S. Supreme Court or Congress to settle questions...more

4/11/2016 - Department of Revenue Nexus Physical Presence Test Sales & Use Tax Vendors

Three Important Alabama Regulatory Developments

Last month, the ADOR proposed a new rule, Rule 810-3-35-.01, in order to simplify the federal income tax deduction available to corporations doing business in Alabama. The ADOR proposed to repeal the current corporate federal...more

4/11/2016 - Alternative Minimum Tax Apportionment Corporate Taxes Department of Revenue Excise Tax Financial Institutions Tax Deductions

Changes to IRS Partnership and LLC Rules

You may have heard that the IRS’s ability to audit partnerships (including multi-member LLCs) will be greatly enhanced due to changes made by the recent Bipartisan Budget Act of 2015. The IRS will be ramping up its...more

3/31/2016 - Audits Bipartisan Budget IRS Limited Liability Companies Partnerships

Beware New IRS Partnership/LLC Audit and Assessment Rules

You may have heard that the IRS’s ability to audit partnerships (including multi-member LLCs) will be greatly enhanced due to changes made by the recent Bipartisan Budget Act of 2015. The new rules apply to tax years...more

3/10/2016 - Audits IRS Limited Liability Companies Partnerships Tax Planning

Comments on Proposed New Alabama Corporate Income Tax Apportionment Rules

The Alabama Department of Revenue (ADOR) recently proposed numerous changes to its apportionment rules for corporate income taxpayers, with the stated intention of adopting “recommended amendments to the [Multistate Tax...more

3/2/2016 - Corporate Taxes Income Apportionment Multistate Corporations Multistate Tax Commission Multistate Tax Compact Proposed Regulation

Alabama Department of Revenue Proposes Changes to its Corporate Income Tax Apportionment Regulations

The Alabama Department of Revenue (ADOR) recently proposed numerous changes to its apportionment rules for corporate income taxpayers, with the stated intention of adopting “recommended amendments to the [Multistate Tax...more

2/1/2016 - Apportionment Business Income Department of Revenue Income Taxes MTC

Several Key Business Associations Announce 2016 Tax Legislative Agendas

In preparation for the 2016 regular session, which begins on February 2, several of Alabama's key trade and business organizations recently announced their tax legislative agendas. As reflected in these agendas, the 2016...more

1/14/2016 - Business Taxes Corporate Taxes Department of Revenue Income Taxes Legislative Agendas Multistate Tax Compact R&D Sales & Use Tax Tax Credits Tax Reform

Alabama Tax Developments – 2015 Year in Review

This SALT Alert summarizes many of the major legislative, judicial, and administrative developments affecting Alabama business taxpayers with respect to income, transactional, and property taxes. The Spring 2015 legislative...more

12/8/2015 - Ad Valorem Tax Business Taxes Department of Revenue Pending Legislation Property Tax State and Local Government Tax Reform

Year-End Tax Planning and Expanded Scholarship Tax Credits

The Alabama Accountability Act of 2013 (the “Act”) provides state income tax credits to certain donors who make contributions to a state-approved scholarship granting organization (SGO) operating within Alabama. The Act was...more

11/13/2015 - Business Taxes Charitable Donations Scholarship Granting Organizations (SGOs) Tax Credits Tax Deductions

Annual COEs and Information Returns – A New Requirement for Many Tax-Exempt Entities

Beginning January 1, 2016, all organizations that have a statutory exemption from the payment of Alabama sales, use or lodgings taxes--other than certain government entities, public universities and healthcare...more

10/21/2015 - Certificate of Exemption Department of Revenue Exemptions Information Reports Sales & Use Tax Tax Exempt Entities Unclaimed Property

Beware Increased Worker Classification Audits

As many of you are aware, there has been a marked increase in the emphasis on worker misclassification, not only by the Internal Revenue Service and U.S. Department of Labor (DOL), but by states. The IRS and U.S. DOL have...more

10/15/2015 - Audits DOL Independent Contractors Misclassification

Third Time’s a Charm: Governor Bentley and Legislature Reach Budget/Tax Compromise

Summary - Governor Robert Bentley called a second special session of the Alabama Legislature on Tuesday, September 9 at 5 p.m. to address the FY 2016 General Fund budget and associated revenue measures. After meeting for...more

9/22/2015 - Ad Valorem Tax Business Privilege Tax CMS Combined Reporting Department of Revenue ETFs Excise Tax FICA Taxes Gas Taxes General Fund Healthcare Legislative Agendas Lottery Medicaid Pharmacies Property Tax State Budgets State Taxes Tax Amnesty Tax Increases Tax Rates Tax Reform Tax Revenues Tobacco Tribal Government Programs

Special Session Ends with Handful of Noteworthy Tax Bills, Predictions for Next Special Session

The first Special Session of 2015 ended on Tuesday, August 11, without accomplishing the primary objective of passing a General Fund budget for the 2015-2016 fiscal year. The Governor’s “call” for the special session included...more

8/19/2015 - Business Taxes Legislative Agendas Legislative Process Reciprocity Rules Repeal Sales & Use Tax Sales Tax State Budgets Sufficient Nexus Tax Exemptions Tax Reform

The Advantages of Independent State Tax Tribunals

The following is an edited transcript of a discussion at a May 8 meeting of the American Bar Association Section of Taxation’s State and Local Taxes Committee in Washington. Bruce Ely, a partner at Bradley Arant Boult...more

8/10/2015 - Administrative Procedure Act AICPA Dispute Resolution Judicial Proceedings State Tax Tribunals Tax Appeals Tax Court

Alabama Department of Revenue Issues Controversial Proposed Regulation Taxing Out-of-State Vendors

Consistent with Governor Robert Bentley’s public statement last week that he hopes or another internet e-tailer will sue the state of Alabama regarding its position on nexus, the Alabama Department of Revenue...more

8/6/2015 - Administrative Procedure Act Amazon Commerce Clause Department of Revenue Due Process Governor Bentley Nexus NPRM Out-of-State Companies Physical Presence Test Quill Sales & Use Tax SCOTUS

Alabama Department of Revenue Wisely Withdraws Controversial Proposal

Yesterday afternoon, the Alabama Department of Revenue (ADOR) withdrew its controversial proposed digital tax regulation, Rule 810-6-5-09, likely in response to the request of the Legislative Council’s newly-appointed...more

7/10/2015 - Department of Revenue Digital Goods Legislative Agendas Local Taxes Proposed Regulation Sales & Use Tax State Taxes

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