Scott Smith

Scott Smith

Baker Donelson

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Spotlight on Tennessee: Letter Ruling Addresses Treatment of a Section 338(h)(10) Election

Tennessee does not expressly conform to most provisions in Subchapter C of the Internal Revenue Code. Instead, Tennessee's federal corporate income tax conformity is determined based on the "starting point" that Tennessee...more

7/11/2014 - C-Corporation Corporate Taxes Revenue S-Corporation State Budgets State Taxes

IRS Ruling Addresses Application of Medical Device Excise Tax in Contract Manufacturing Arrangement

In Private Letter Ruling 201420004 (released May 16, 2014), the Internal Revenue Service (IRS) has ruled on the question of which party in a contract manufacturing arrangement is the "manufacturer" for purposes of the medical...more

5/23/2014 - Excise Tax Healthcare IRS License Agreements Manufacturers Medical Devices Private Letter Rulings

Spotlight on Tennessee: Department of Revenue Addresses Manufacturer's Sourcing of Drop Shipment Receipts

For Tennessee excise and franchise tax purposes, a taxpayer that has business activities taxable both inside and outside this state must apportion its business net earnings and net worth using a three-factor apportionment...more

2/19/2014 - Business Taxes Department of Revenue Excise Tax Franchise Taxes Manufacturers

Spotlight on Tennessee: Rulings Highlight Taxable and Non-Taxable Consulting Services

Two recent letter rulings issued by the Tennessee Department of Revenue (Department) and posted on January 22, 2014 illustrate that nothing should be taken for granted in the sales and transactions taxes area when services...more

2/6/2014 - Consultation Department of Revenue State Taxes

Spotlight on Tennessee: DOR Clarifies Franchise and Excise Tax Classification of SMLLCs and Series LLCs

In November, the Tennessee Department of Revenue (Department) issued two notices to help clarify Franchise and Excise Tax classification of single member LLCs (SMLLCs) and series LLCs. ...more

12/5/2013 - Department of Revenue Excise Tax Franchise Taxes Franchises

How an Exporter Maximizes After-Tax Export Earnings With a "DISC"

Believe it or not, Uncle Sam provides help to exporters on the tax front. The help is in the form of a valuable export tax incentive known as a Domestic International Sales Corporation, or "DISC."...more

7/18/2013 - Corporate Taxes Domestic International Sales Corporation Export Controls Exports Sales & Use Tax Tariffs Tax Rates

When You Check Out, Don't Forget the Shampoo: Hotel Consumables Qualify for the Texas Resale Exemption from Sales Tax

Hotels stock rooms with soaps, shampoos, conditioners, mouthwashes, shower caps, pens, notepads and similar non-reusable consumable items (hotel consumables) for the use of hotel guests. Guests are free to use the items, not...more

6/12/2013 - Hotels Personal Care Products Resale Exemption Sales & Use Tax Tax Exemptions

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