FEDERAL JUDGE DISMISSES NEW YORK STATE LAWSUIT CHALLENGING $10,000 SALT DEDUCTION CAP -
A federal district court judge has dismissed a suit brought by New York State (together with Connecticut, New Jersey, and Maryland)...more
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After three non-precedential Administrative Law Judge decisions—and well after the statute in question has been replaced by new...more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
The New York State Department of Taxation and Finance has made several significant revisions to its draft corporate income tax regulation for the sourcing of receipts from other services and other business activities. Draft...more
The New York State Legislature has passed, and New York Governor Cuomo has now signed, legislation which provides for the exclusion of 95% of a corporation’s gross global intangible low-taxed income (“GILTI”) from its New...more
Welcome to the latest issue of New York Tax Insights. In this issue we cover:
..A Third Department decision denying deductibility of insurance premiums paid to a captive insurance company, upholding the decision of the New...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
NEW YORK STATE 2019-20 BUDGET BILL ENACTED -
As we went to press, the New York State Legislature passed the New York State Budget Bill for 2019-20, containing several new and important tax provisions. S. 1509-C/A. 2009-C....more
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
On January 15, 2019, New York State Governor Andrew M. Cuomo released his 2019-20 Executive Budget. It contains several potentially important tax proposals, including the following...more
On January 4, 2019, the Pennsylvania Department of Revenue issued Corporation Tax Bulletin 2019-01 taking the position that receipts from hedging transactions, including those of a securities dealer, should be excluded from...more
THE TOP 10 NEW YORK TAX HIGHLIGHTS OF 2018 -
Once again, we present our annual list of what we considered the Top 10 New York tax highlights of 2018.
1. Court of Appeals Agrees to Hear Tax Department’s Appeal Involving...more
A recently issued California Franchise Tax Board Chief Counsel ruling provides important guidance on the scope of a regulation regarding qualification as a “financial corporation” for California corporation franchise tax...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 DIVISION HOLDS THAT BANK MUST APPLY NOLS IN YEAR IT WAS TAXED ON NON-INCOME BASE -
The Appellate Division has held that a taxpayer was required to use its net operating loss (“NOL”) carryforward to decrease its...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
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
4/4/2017
/ Administrative Law Judge (ALJ) ,
Banking Sector ,
CEOs ,
Domicile ,
ESOP ,
Governor Cuomo ,
Income Taxes ,
Nexus ,
Personally Identifiable Information ,
Real Estate Market ,
State Taxes ,
Tribunals
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
ALJ Permits Only Minimum Penalties for Failure to File Information Returns -
A New York State Administrative Law Judge has rejected the maximum penalties imposed by the Department of Taxation and Finance on an...more
11/4/2016
/ Administrative Law Judge (ALJ) ,
Apportionment ,
Fiber Optic Cables ,
Hotels ,
Income Taxes ,
Penalties ,
Property Tax ,
Sales & Use Tax ,
Spouses ,
State Taxes ,
Wine & Alcohol
State Tax Department Releases New Draft Article 9-A Combined Reporting Regulations -
The New York State Department of Taxation and Finance has released draft amendments to the Article 9-A corporate franchise tax...more
2/8/2016
/ Article 9 ,
Combined Reporting ,
Corporate Taxes ,
Lease Tax ,
Net Investment Income ,
Safe Harbors ,
Sales Tax ,
State Budgets ,
State Taxes ,
Tax Deductions ,
Tax Reform ,
Tax Refunds
Resident Is Not Subject to Use Tax on Yacht Briefly Docked in the State -
In Matter of Michael Pellino, DTA No. 825869 (N.Y.S. Div. of Tax App., Oct. 1, 2015), a New York State Administrative Law Judge concluded that...more
In This Issue:
- The Top 10 New York Tax Highlights of 2014
- Tribunal Affirms That a Charter Yacht Is Not Exempt from Use Tax as a Commercial Vessel
- Court of Appeals Holds City Transfer Tax Does Not...more
In This Issue:
- ALJ Rejects New York City’s Attempt to Forcibly Combine Bank and Its Non-New York City Mortgage Subsidiary
- Tribunal Amends Decision Upholding Disallowance of Nonresident Partner’s Loss from...more
In This Issue:
- State Tribunal Reverses ALJ and Allows Combined Reporting
- Tribunal Finds Oxygen Cylinders Were Purchased for Resale
- Appellate Court Denies Nassau County Class Action Certification in...more
In This Issue:
- Department Releases New Nonresident Audit Guidelines to Address Gaied
- Nuclear Power Plant That Produces Steam and Water to Generate Electricity Is Not Eligible for Investment Tax...more