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North Carolina's New Budget Conforms to Federal Tax Treatment of Paycheck Protection Program Expenses

Governor Roy Cooper signed the state budget on November 18 that the North Carolina General Assembly passed this week. There are a variety of important tax changes in the budget, including one that affects all North Carolina...more

Amicus Brief filed for Council On State Taxation in South Carolina Amazon Dispute

On December 9, Kay Miller Hobart and Madison Felder filed an amicus brief on behalf of the Council On State Taxation (COST) and its more than 500 members in the closely watched case of Amazon Services, LLC v. South Carolina...more

S.C. Court of Appeals Issues Taxpayer-Friendly Opinion That Could Provide Relief to Property Owners

On Wednesday, the South Carolina Court of Appeals issued an opinion that could provide relief to owners of commercial and investment properties, many of whom are already experiencing turbulence in development and acquisition...more

N.C. General Assembly Waives Interest on Tax Payments and Extends Other Deadlines

As part of a broad $1.57 billion COVID-19 relief package approved Saturday, the North Carolina General Assembly has directed Secretary of Revenue Ronald Penny to waive interest on certain tax payments that were originally due...more

Congress Approves Federal Tax Relief for Individuals and Businesses in CARES Act

On March 27, Congress passed, and the president signed, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) in response to the coronavirus pandemic and resulting economic turmoil. The $2 trillion stimulus...more

S.C. Avoids Accounting Nightmare for 2018 Tax Returns and Expands Tax Credits for Economic Development

The South Carolina legislature finalized two bills this week that will impact economic development, the broader business community, and nearly every taxpayer in the state. The bill with the widest impact – H.5341 – was...more

U.S. Supreme Court Issues Landmark Opinion in Sales Tax Case That Eliminates Physical Presence Rule

Today the United States Supreme Court fundamentally changed the rules governing when states may impose a sales tax. For more than 50 years, decisions from the Supreme Court protected retailers without a “physical presence” in...more

North Carolina Supreme Court Rules Tax on Trust Unconstitutional

On Friday, the North Carolina Supreme Court issued its opinion in a closely watched state tax case, holding the state’s taxation of a trust unconstitutional. In The Kimberley Rice Kaestner 1992 Family Trust v. North Carolina...more

Supreme Court Hears Case that May Fundamentally Change the Rules – Are You Ready for Potential Sales Tax Turmoil?

Today the United States Supreme Court heard oral arguments in South Dakota v. Wayfair – a case that could fundamentally change the rules governing when a state may impose sales or use tax collection responsibilities on a...more

Business Incentive Changes in Recent North Carolina Legislation

The North Carolina General Assembly passed two significant pieces of legislation affecting corporate activity, expansion and new investment in North Carolina. First, the General Assembly passed the state budget...more

Critical Deadline Approaches for Safe Harbor Application, Questions Remain

Last year, the North Carolina General Assembly delayed the repeal of the tax credit for investing in renewable energy property in N.C. Gen. Stat. § 105-129.16A. Under the delayed sunset, the credit is repealed for renewable...more

Corporate Tax Changes in North Carolina Budget Bill

The North Carolina General Assembly unveiled the state budget late Monday night – 76 days after it was due. Contained in the 429 pages are a number of proposed changes to the corporate income and franchise tax....more

North Carolina Business Court Rules Tax on Trust Unconstitutional

The North Carolina Business Court held North Carolina’s taxation of a trust unconstitutional in Kaestner v. North Carolina Department of Revenue. N.C. Gen. Stat. § 105-160.2 imposes a tax on the undistributed income of a...more

$400 Million Surplus Could Trigger Corporate Tax Rate Reduction

North Carolina state officials have announced a projected $400 million revenue surplus for the current fiscal year. The anticipated surplus is mainly due to higher income tax payments and lower refunds compared to last year....more

Court Hears Arguments in Litigation Challenging the Constitutionality of North Carolina’s Taxation of Trusts

The Kimberly Rice Kaestner 1992 Trust (the “Trust”) originated from the Joseph Lee Rice, III Family 1992 Trust (the “JLR Trust”) created in 1992. The JLR Trust was created in New York when its initial trustee and settlor were...more

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