TRIBUNAL AFFIRMS DECISION SOURCING “OTHER BUSINESS RECEIPTS” TO WHERE THE WORK WAS PERFORMED -
After three non-precedential Administrative Law Judge decisions—and well after the statute in question has been replaced by new...more
Welcome to the latest issue of New York Tax Insights. In this issue we cover:
..The New York State Department of Taxation and Finance’s release of revisions to its draft business corporate franchise tax regulations for...more
8/6/2019
/ Administrative Law Judge (ALJ) ,
Apportionment ,
Business Taxes ,
Corporate Taxes ,
Domicile ,
Franchise Taxes ,
Income Taxes ,
Local Taxes ,
Sales & Use Tax ,
State Taxes ,
Tax Reform ,
Tax Tribunal
NEW YORK’S HIGHEST COURT UPHOLDS SALES TAX ON INFORMATION SERVICES AND INTERPRETS TAX EXCLUSION IN FAVOR OF DEPARTMENT -
Reversing a decision of the Appellate Division, a sharply divided New York Court of Appeals has upheld...more
2019-20 NYS BUDGET ENACTED, INCLUDING REAL ESTATE TRANSFER TAX INCREASES -
On April 12, 2019, Governor Andrew M. Cuomo signed into law the New York State Budget Bill for the State’s 2019-20 fiscal year, which began on April...more
5/8/2019
/ Constitutional Challenges ,
Corporate Taxes ,
Income Taxes ,
Local Taxes ,
Popular ,
Real Estate Market ,
Real Estate Transfers ,
Sales Tax ,
State Taxes ,
Tax Rates ,
Tax Tribunal ,
Transfer Taxes
GOVERNOR RELEASES PROPOSED 2019-20 NEW YORK STATE EXECUTIVE BUDGET -
On January 15, 2019, New York State Governor Andrew M. Cuomo released the New York State 2019-20 Executive Budget, applicable to the State’s fiscal year...more
A SECOND APPELLATE COURT UPHOLDS THE CONSTITUTIONALITY OF NEW YORK’S STATUTORY RESIDENCY SCHEME -
The New York Appellate Division, Third Department, has upheld the dismissal of a declaratory judgment action brought by...more
NYS TRIBUNAL REVERSES ALJ AND HOLDS THAT BOND RATING AGENCY IS ENTITLED TO REFUND OF SALES TAX -
The New York State Tax Appeals Tribunal reversed the determination of an Administrative Law Judge and held that a securities...more
APPELLATE COURT REVERSES TRIBUNAL AND GRANTS QEZE PROPERTY TAX CREDITS -
The Appellate Division, Third Department, has reversed a decision of the New York State Tax Appeals Tribunal that had denied a refund of personal...more
APPELLATE COURT DISMISSES CONSTITUTIONAL CHALLENGE TO NEW YORK’S STATUTORY RESIDENCY SCHEME -
The New York Appellate Division, First Department, finding that the U.S. Supreme Court’s 2015 decision in Comptroller of the...more
DRAFT BILL RELEASED IMPLEMENTING A NEW YORK STATE UNINCORPORATED BUSINESS TAX -
The New York State Department of Taxation and Finance has released a “discussion draft” of a bill that would implement a New York State...more
CITY UTILITY TAX NOT APPLICABLE TO FIXED CHARGES RELATED TO LONG-DISTANCE TELEPHONE SERVICES -
The New York City Tax Appeals Tribunal upheld an Administrative Law Judge determination that income from fixed charges that...more
TRIBUNAL REMANDS $100 MILLION SALES TAX REFUND CASE TO ALJ -
After the New York State Appellate Division reversed the Tax Appeals Tribunal’s earlier decision denying a sales tax refund of over $100 million, the Tax...more
NYC TRIBUNAL IMPOSES ITS OWN SOURCING METHODOLOGY FOR RECEIPTS FROM SERVICES -
In a case involving the sourcing of lump sum payments for the performance of services, the New York City Tax Appeals Tribunal took the unusual...more
2018–19 NEW YORK STATE EXECUTIVE BUDGET RELEASED -
New York State Governor Andrew M. Cuomo has released the New York State 2018-2019 Executive Budget, containing several potentially significant tax proposals. They include...more
THE TOP 10 NEW YORK TAX HIGHLIGHTS OF 2017 -
As we look forward to an exciting new year, here is our annual list of what we viewed as the Top 10 New York Tax Highlights of 2017.
1. Appellate Division finds error in...more
Appellate Court Holds That Furnishing of Pricing Information Is Not a Taxable Information Service -
The Appellate Division has issued a potentially important decision regarding the sales tax exclusion for information...more
Securities Rating Agency Not Entitled to Refund of Erroneously Remitted Sales Tax -
A New York State Administrative Law Judge upheld the denial of a securities rating agency’s request for a refund of sales tax, holding...more
Tribunal Reverses ALJ and Holds that Department Impermissibly Discriminated Against Foreign Unauthorized Insurance Corporations -
In an issue of first impression in New York, the New York State Tax Appeals Tribunal has...more
Our August 2017 issue of New York Tax Insights covers these recent developments:
Sale of Security Services to Property Manager for NYC Housing Authority Held Exempt from Sales Tax -
The sale of security services by a...more
ALJ Holds that Executive Changed His Domicile to Paris and Was Not a New York Resident -
A New York State Administrative Law Judge has held that an individual who retired as chief financial officer of Colgate-Palmolive...more
ALJ Finds CEO Changed Domicile from New York City to Texas -
A New York State Administrative Law Judge has held that the CEO of Match.com (“Match”) changed his domicile from New York to Texas for New York State and City...more
The Top 10 New York Tax Highlights of 2016 -
It’s the New Year, and before we begin afresh, we look back at this past year with our list of the Top 10 New York tax highlights of 2016.
1. The New York State Tax...more
1/11/2017
/ Administrative Law Judge (ALJ) ,
Administrative Remedies ,
Broker-Dealer ,
Corporate Taxes ,
Deductibles ,
HMOs ,
S-Corporation ,
Sales Tax ,
State Taxes ,
Subsidiaries ,
Tax Credits ,
Tax Exemptions ,
Tax Reform ,
Tax Tribunal ,
Transfer Taxes
ALJ holds that a Retailer Must File on a Combined Basis with a Related Intellectual Property Licensing Company -
A New York State Administrative Law Judge has held that a retailer must file combined corporate franchise...more
8/5/2016
/ Administrative Law Judge (ALJ) ,
Anti-Avoidance ,
Business Partners ,
Business Taxes ,
Corporate Taxes ,
Franchise Taxes ,
Income Taxes ,
Investment Adviser ,
IP License ,
Limited Liability Company (LLC) ,
Management Fees ,
Members ,
Oil & Gas ,
Personal Liability ,
Retailers ,
Royalties ,
Sales Tax ,
State Taxes ,
Statute of Limitations ,
Tax Returns ,
Tax Tribunal ,
Tribunals ,
Unincorporated Business Tax (UBT) ,
Whole Foods
New York City Tribunal Rejects City’s Attempt To Forcibly Combine Bank And Its Mortgage Subsidiary -
The New York City Tax Appeals Tribunal, affirming a determination of the Chief Administrative Law Judge, has held that...more
6/8/2016
/ Administrative Law Judge (ALJ) ,
Audits ,
Banks ,
Bausch & Lomb ,
Driver's License Suspensions ,
False Claims Act (FCA) ,
Joint Tax Returns ,
Judicial Appointments ,
Parent Corporation ,
Property Tax ,
Sales Tax ,
SCOTUS ,
Statute of Limitations ,
Subsidiaries ,
Tax Appeals ,
Tax Exemptions ,
Tax Tribunal
Court Of Appeals Affirms Revocation Of Tax Exemption For Public Parking Facilities -
Reversing a decision by the Appellate Division, the Court of Appeals has held in a 5-2 decision that a charitable organization is not...more
8/14/2015
/ Attorney's Fees ,
Capital Markets ,
Charitable Organizations ,
Corporate Taxes ,
Electricity ,
FOIA ,
Investment Funds ,
Mobile Devices ,
New Guidance ,
Nuclear Power ,
Parking Lots ,
Property Tax ,
Remand ,
Renewable Energy ,
Revocation ,
Sales & Use Tax ,
Tax Appeals ,
Tax Court ,
Tax Credits ,
Tax Exemptions ,
Tax Reform ,
Tax Tribunal