Commercial Law & Contracts, Election & Politics Law, Tax Law

South Carolina Supreme Court (Reluctantly) Upholds Sales Tax Exemptions

by Michael Jacobs, Alexandra Sampson | Reed Smith on 5/13/2013

Yesterday, the South Carolina Supreme Court issued its long-awaited decision in Bodman v. South Carolina, holding that the state’s sales and use tax exemption and cap scheme, as a whole, does not violate the state...more

Argument Before Illinois Supreme Court in Performance Marketing Continued to Morning of May 22nd

by Kirk Jenkins | Sedgwick LLP on 5/10/2013

An update on last week’s post on Performance Marketing Association, Inc. v. Hamer: with the posting of the Court’s docket book for the May term, we learned that the oral argument in Performance Marketing has been continued...more

Marketplace Fairness Act of 2013 Passes United States Senate

by Stanley Kaminski, Carolyn Sprinchorn | Duane Morris LLP on 5/9/2013

On May 6, 2013, the United States Senate passed the Marketplace Fairness Act of 2013 (the "Act") by a vote of 69 to 27. The legislation (S. 743) now moves to the House of Representatives for consideration....more

Alabama Legislative Update – Week 12: Gun Bills, Budgets and Medicaid

by Denise Killebrew, Dennis Nabors | Baker, Donelson, Bearman, Caldwell &... on 5/7/2013

Last week, legislators turned their attention to the weightiest and most controversial issues, including debate and passage of several gun bills. Now, with only three legislative days remaining, both budgets will take...more

Under The Dome: Inside The Maine State House 4-26-13

by Avery T. Day, John D. Delahanty, Andrea Cianchette Maker | Pierce Atwood LLP on 4/26/2013

Major Tax Reform Proposal Starts to Take Shape - This week, the Maine media reported that Senator Woodbury is leading a bipartisan effort to draft a major tax reform proposal. This proposal will likely propose changes...more

Legal Alert: Senate Finance Committee Hears Testimony on Proposal to Limit Access to Death Master File

by David Arrojo, Wilson Barmeyer, Marlys Bergstrom, Ellen Dunn, Phillip Stano, Steuart Thomsen, Mary Jane Wilson-Bilik | Sutherland Asbill & Brennan LLP on 4/22/2013

On April 16, 2013, the Senate Finance Committee held a hearing on “Tax Fraud and Tax ID Theft: Moving Forward With Solutions,” including testimony on proposals to restrict access to the Social Security Administration’s Death...more

Wall Street Sales Tax Reintroduced on Capitol Hill: Likely a Significant Impact on Private Investment Funds

by David Sussman | Duane Morris LLP on 4/19/2013

On April 17, 2013, U.S. Rep. Keith Ellison (D-Minn.) reintroduced the Inclusive Prosperity Act of 2013 (H.R. 1579) (the "Bill"), a financial transaction tax that, according to its supporters, would provide the federal...more

Tax Bills Take Center Stage

by John Knapp | Winthrop & Weinstine, P.A. on 4/15/2013

On Thursday of this week, the Senate Tax Reform Division adopted its recommendations for the Senate Omnibus Tax Bill. Much of the attention on that bill focused on the proposed reduction in the State sales tax from 6.875% to...more

States May Be One Step Closer to Taxing Out-of-State Online Sales

by Javier Siervo | Berkeley Research Group, LLC on 3/29/2013

On March 25, 2013, the U.S. Senate narrowly passed a budget by a vote of 50–49. The budget included several amendments added the previous day. One amendment gives states more authority to collect sales tax from out-of-state...more

Government Relations Alert: Adjusting For A Reduced Shortfall, Governor Dayton's Revised Budget Excludes Sales Tax Overhaul

by Leonard, Street and Deinard on 3/15/2013

Governor Dayton yesterday unveiled his revised budget for fiscal years 2014-2015. With Minnesota Management & Budget (MMB) recently projecting the FY 2014-15 shortfall at $627 million, down from last November's estimate of...more

Paper Carryout Bag Charge Is Not A Tax

by Jeffrey L. Massey | Kronick, Moskovitz, Tiedemann & Girard on 3/12/2013

Taxpayers and a manufacturer of plastic bags challenged a county ordinance that prohibits retail stores from providing customers with plastic carryout bags and requires the stores to charge their customers ten cents for each...more

Governor Dayton Drops Business to Business Sales Tax Proposal

by John Knapp | Winthrop & Weinstine, P.A. on 3/11/2013

With Governor Dayton scheduled to release his supplemental budget proposal next week, he announced today at a meeting of the Twin West Chamber of Commerce that he will drop the proposed expansion of the state sales tax to...more

If You're Not At the Table, You're On the Menu: Ways and Means Working Groups Solicit Input on Tax Reform

by Mary Burke Baker, Michael W. Evans, Andrés Gil, Karishma Shah Page, Ryan J. Severson | K&L Gates LLP on 3/8/2013

Comprehensive tax reform is the top priority of the congressional tax-writing committees this year. In continuation of several years of work on this issue, the House Ways and Means Committee recently unveiled the next stage...more

Treasury Releases Message on Impact of Sequestration on 1603 Cash Grants

by John A. Eliason | Foley & Lardner LLP on 3/5/2013

On March 4, 2013, U.S. Treasury released guidance on the impact of the across-the-board spending cuts known as “sequestration” to the Section 1603 cash grant program. As stated in the message, payments under Section...more

Under the Dome: Inside The Maine State House Special Edition 1-24-13

by Avery T. Day, John D. Delahanty, Andrea Cianchette Maker | Pierce Atwood LLP on 1/24/2013

With a population of roughly 1.3 million people, Maine is a small player in national markets. At the same time, Maine legislators have attempted to have an out-sized voice in the national marketplace of legislative policy by...more

The Fiscal Cliff Deal - What does it mean for you and your business?

by Butler, Snow, O'Mara, Stevens and Cannada,... on 1/18/2013

In the early morning hours of January 1, 2013, the Senate approved the American Taxpayer Relief Act of 2012 (the “Act”) by a vote of 89-8. Less than 24 hours later, the House of Representatives also approved the Act by a vote...more

The American Taxpayer Relief Act of 2012 and What It Means to You

by Jonathan R. Flora, James Olson | Schnader Harrison Segal & Lewis LLP on 1/11/2013

On Jan. 2, 2013, President Obama signed the “American Taxpayer Relief Act of 2012” (the “Act”) which was passed by the House and Senate the previous day to avoid the so-called “fiscal cliff.” The Act prevents many of the tax...more

Mortgage Forgiveness Act Extended

by Michele Bowman | Lawyers.com on 1/8/2013

As part of the law passed as a last minute escape of the so-called fiscal cliff, Congress extended the Mortgage Forgiveness Debt Relief Act to the great relief of homeowners who’ve suffered foreclosure....more

The American Taxpayer Relief Act Of 2012: Key Business And Individual Income Tax Provisions

by Isaac Hirsch, Christina M. Iafe, Andrew Segna, Brian Silikovitz | Lowenstein Sandler LLP on 1/4/2013

On January 1, 2013, Congress passed the American Taxpayer Relief Act of 2012 (the “Act”), which halts tax increases scheduled to go into effect for most Americans as part of the so-called fiscal cliff. The Act generally...more

California’s Proposition 39 Mandates Use of Single-Sales Factor

by Michael J. Cataldo | Pillsbury Winthrop Shaw Pittman LLP on 11/19/2012

Proposition 39 was passed by 60.1 percent of the California electorate on the November 6th, 2012 statewide ballot. As a result, most multistate businesses must apportion income to California using a single-sales factor method...more

The San Francisco Proposition E Gross Receipts Tax Ordinance: A Mixed Bag for Investment Fund Managers

by Gregory J. Hartker, Ronald J. Reigstad | K&L Gates LLP on 11/19/2012

On November 6, 2012, San Francisco residents approved Proposition E (the “Gross Receipts Tax Ordinance”) instituting a new gross receipts tax to replace the City’s 1.5% payroll tax. The new gross receipts tax is phased in...more

California Voters Approve Tax Methodology Change to Benefit Energy Projects

by Jon Costantino, Fred L. Main | Manatt, Phelps & Phillips, LLP on 11/15/2012

On Tuesday, November 6, 2012, California voters approved Proposition 39-THE CALIFORNIA CLEAN ENERGY JOBS ACT. Proposition 39 changes the way taxes are assessed for companies with multistate operations. This change is...more

California’s Proposition 39: Not-so-Mandatory Single Sales Factor

by Marty Dakessian, Mike Shaikh, Kyle O. Sollie, Brian W. Toman | Reed Smith on 11/14/2012

On November 6, California voters passed Proposition 39, which changes the state’s default apportionment to a single sales factor method. Additionally, Proposition 39 adopted a mandatory market-sourcing method for sourcing...more

Tax Talk -- Volume 5, No. 3 -- October 2012

by Morrison & Foerster LLP on 10/18/2012

In This Issue: Obama v. Romney Tax Plans; IRS Rules That Excess Mortgage Servicing Is “Good” Asset and Produces “Good” Income for REIT purposes; Tax Court Finds Arrangement to be Equity for Tax Purposes in Pepsico...more

Governor and President Pro Tem Advocate Prompt Passage of Federal Marketplace Legislation

by Bradley Arant Boult Cummings LLP on 9/28/2012

Tuesday, September 25 marked the Alabama Retail Association’s annual Retail Day, held this year in Birmingham at The Club atop Red Mountain. Sponsored by the ARA and the University of Alabama at Birmingham, the clear goal of...more

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Commercial Law & Contracts › Election & Politics Law › Tax Law