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NJ Tax Court Orders Full Unreasonable Exception to Royalty Addback

The New Jersey Tax Court held yesterday, February 27, 2019, in a precedential published opinion that a royalty payor was not required to add back any portion of the royalties that it paid to a related licensor under the...more

New Jersey Tax Court Rules That Intercompany Payments Are Not Taxes for Purposes of the State Tax Addback

The Tax Court of New Jersey released its state tax addback decision in Daimler Investments US Corporation v. Director, Division of Taxation on January 31, 2019. The Tax Court agreed with our assertion that amounts Daimler...more

2/4/2019  /  Local Taxes , State Taxes , Tax Court

State + Local Tax Insights: Winter Issue 2019 - MoFo SALT 2018 Year in Review: Continued Success in a Changing State Tax World

MOFO SALT 2018 YEAR IN REVIEW: CONTINUED SUCCESS IN A CHANGING STATE TAX WORLD - Following the enactment of the Federal Tax Cuts and Jobs Act in late 2017, many interesting state tax issues emerged concerning states’...more

Pennsylvania: Economic Nexus Thresholds Established Via Tax Bulletin

In Sales and Use Tax Bulletin 2019-01, the Pennsylvania Department of Revenue asserts that remote sellers with economic nexus must collect and remit Pennsylvania sales tax. The Bulletin is effective July 1, 2019....more

1/15/2019  /  Local Taxes , Nexus , Sales Tax , State Taxes

Don’t Snooze on Potential New Sales Tax Collection Obligations

Until recently, retail sellers of goods and services were not required to collect sales tax unless they had a physical presence in a state. Sellers that operated primarily from one location and offered goods and services via...more

Pennsylvania Supreme Court: Royalty Payments Not Subject to Sales and Use Tax

On October 25, 2018, in Downs Racing, LP v. Commonwealth, a unanimous Pennsylvania Supreme Court partially reversed the Commonwealth Court and held that royalty fees for intellectual property are not subject to sales and use...more

Massachusetts Proposes Changes to Manufacturing Corporation Regulation

The Massachusetts Department of Revenue (“Department”) recently promulgated a proposed amended regulation governing the classification of corporations as “manufacturing corporations” for corporate excise tax purposes (the...more

If Your Company Offers Streaming Services, You Should Be Aware that States and Localities Are Taking Different Approaches to...

Many states and localities are concerned that the proliferation of streaming services is shrinking tax revenues previously received from sales of traditional forms of entertainment. Those concerns are not unfounded. The...more

State + Local Tax Insights: Special Edition 2018

Stand Your Ground! Substantial Nexus Lives After Wayfair - The U.S. Supreme Court decided in South Dakota v. Wayfair, Inc. that the U.S. Constitution does not require a physical presence in a taxing state in order for...more

Pennsylvania: Bonus Depreciation Clarity (Finally!)

On June 28, 2018, the Pennsylvania Legislature enacted legislation allowing companies to depreciate bonus depreciation property placed in service after September 27, 2017 pursuant to the normal federal depreciation rules...more

High Court Kills Quill, But What's Left?

Chief Justice John Roberts quipped, “[w]hatever salience the adage ‘third time’s a charm’ has in daily life, it is a poor guide to Supreme Court decisionmaking.” However, the third time was indeed a charm for the states and...more

New York State Legislature Passes 2018–2019 Budget Bill with New Optional Payroll Tax

On March 30, 2018, the New York State Legislature approved a compromise 2018–2019 Budget Bill. Among the more significant tax provisions adopted (in bill S. 7509-C/A. 9509-C) were the following...more

Virginia Supreme Court Confirms that the Department’s Interpretation is Entitled to No Weight

The Virginia Supreme Court granted the Company’s petition for rehearing and confirmed that the Department of Revenue’s interpretations that are not contained in regulations are entitled to no weight. ...more

State + Local Tax Insights: Winter 2018

SUCCESS STORIES: WINS OF 2017 AND A POTENTIALLY BRIGHT NEW YEAR - This past year has been remarkable in many ways, and not just for its Twitter wars. We are happy to report that our clients had many wins in 2017 (both...more

Colorado Court of Appeals Rules Out-of-State Holding Company Cannot Be Forcibly Included in a Colorado Combined Return

The Colorado Court of Appeals, affirming a decision of the Denver District Court, has held that the Colorado Department of Revenue cannot forcibly combine a corporation’s subsidiary, a holding company that derived its income...more

Virginia Supreme Court Rules on Subject-to-Tax Safe Harbor to the Royalty Addback

In a 4-3 decision, the Virginia Supreme Court held that the subject-to-tax safe harbor to the royalty addback was ambiguous and applies only to the extent that the royalties are actually taxed by another state. In addition,...more

Unfair Apportionment: Consider the Alternatives

When must state apportionment be fair? Always. If a state’s normal apportionment formula is operating unfairly with respect to your company, you need to consider the alternatives. The United States Supreme Court has...more

State + Local Tax Insights - Winter 2017

A Year in Review: Client Victories Abound - The past year will be remembered as exciting for many tax, as well as non-tax, reasons. From the tax standpoint, we are happy to report that our clients had many victories. ...more

North Carolina Alters Sales Factor for Certain Royalty Recipients

Effective May 11, 2016, the North Carolina General Assembly amended the royalty reporting option contained in Section 105-130.7A(a). As a result of the amendment, even if royalty payments are added back to the royalty...more

Throwout: New Jersey Supreme Court Denies Certification

The New Jersey Supreme Court has denied certification in Lorillard Licensing Company LLC v. Director, Division of Taxation, making the Appellate Division's decision final. The Appellate Division affirmed the Tax Court in its...more

Out-of-State Subsidiary Holding Company Cannot Be Forcibly Included in a Colorado Combined Return

A Denver District Court judge has held that the Colorado Department of Revenue cannot forcibly combine a corporation’s subsidiary, a holding company that derived its income solely from investments in foreign entities, in...more

New Jersey Tax Court Publishes Decisions That Dual Nexus Standards Are Inappropriate For Throwout

On January 6, 2016, the New Jersey Tax Court approved its January 14, 2014 decision in Lorillard Licensing Company LLC v. Director, Division of Taxation for publication, making the Tax Court decision precedential. The...more

New Jersey Files Notice of Petition for Certification After Appellate Division Affirms That Dual Nexus Standards Are Inappropriate...

New Jersey filed a notice of petition for certification (request for discretionary review) with the New Jersey Supreme Court seeking reversal of the Appellate Division’s December 4, 2015 decision that the Division may not...more

Scudder Appointed Acting Treasurer of New Jersey Has Tax and Economics Backgrounds

Mr. Scudder’s leadership is scheduled to commence on November 9, 2015. Mr. Scudder returns to his native New Jersey from his dual roles as Chief Operating Officer of economic research and consulting firm Laffer...more

Michigan Court of Appeals Upholds the Constitutionality of the State’s Retroactive Repeal of the Multistate Tax Compact

The Michigan Court of Appeals affirmed the Court of Claims’ decisions in cases that challenged the constitutionality of Michigan’s purported retroactive repeal of the Multistate Tax Compact effective January 1, 2008. The...more

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