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Constitutional Law Communications & Media Tax

Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:

“Drop Shipment” Sales Tax Rule Is Held Constitutional

In D & H Distributors, Inc. v. Commissioner of Revenue (July 31, 2017), the Massachusetts Supreme Judicial Court (SJC) upheld the imposition of sales tax against a wholesaler that delivered goods directly to consumers in...more

Massachusetts Requires Remote Sellers to Collect Sales Tax Beginning July 1, 2017

by WilmerHale on

The Massachusetts Department of Revenue (DOR) recently issued guidance under which it will require the collection of Massachusetts sales and use taxes by remote sellers that meet certain sales thresholds in Massachusetts....more

California Cities To Tax Streaming Video?

Many cities in California are considering the expansion of their Utility User Tax (UUT) to streaming video services. Such an expansion may be inconsistent with the cities’ existing ordinances, be invalid under Proposition 218...more

Video-Streaming Companies See the “Netflix Tax” Going into Effect Around the Country to the Dismay of “Cord Cutters”

by Butler Snow LLP on

If you are like many other Americans, then you may have “cut your Cable TV cord” and turned to streaming movies and shows through your accounts with Netflix, Amazon Prime, Hulu, HBO GO, SlingTV, or other video streaming tech...more

Pennsylvania Tax Developments - A Reed Smith Quarterly Update

by Reed Smith on

Is Pennsylvania bringing back its tax on “computer-related services”? Pennsylvania’s new “Netflix” tax (enacted as part of Act 84 of 2016) covers more than just digital downloads and streaming services. Effective August 1,...more

Oklahoma Retail Protection Act of 2016: New Oklahoma Sales Tax Law on Internet Sales

by GableGotwals on

Internet sales to Oklahomans will now be subject to new sales tax requirements. HB 2531, entitled the “Oklahoma Retail Protection Act of 2016” (the “Act”), enacted May 17, 2016, becomes effective November 1, 2016....more

Florida Supreme Court: Origin Sourcing for Sales Tax is Constitutional

by Reed Smith on

The Florida Supreme Court upheld the imposition of a sales tax obligation on an in-state florist for all of its worldwide sales regardless of delivery destination. This “origin sourcing” method of determining transactions...more

Financial Statement Countdown for Remote Sellers Selling into Alabama

by McDermott Will & Emery on

Remote sellers making sales into Alabama have until January 1, 2016, to begin collecting sales tax regardless of their physical presence in the state or consider whether there is any impact on financial statement issues as a...more

"City of Chicago Expands Tax Reach to Internet Services"

On June 9, 2015, the city of Chicago released two rulings that significantly expand the city’s 9 percent gross receipt tax to charges for cloud computing and other services delivered over the Internet. The first ruling (City...more

Mississippi Court Rules Discriminatory Exclusion is Unconstitutional

by Baker Donelson on

The Hinds County Chancery Court recently issued an opinion in AT&T Corp. v. Miss. Dep't of Revenue finding that Mississippi's dividend exclusion statute unlawfully discriminates against interstate commerce and is therefore...more

Hold The Phone! AT&T’s Constitutional Challenge To Mississippi’s Dividend Exclusion Statute Is Still Alive

by Butler Snow LLP on

A Mississippi trial court has again found unconstitutional the state’s dividend exclusion statute, which disadvantages certain multistate taxpayers as compared to solely Mississippi taxpayers. This result comes from AT&T’s...more

Tennessee Court of Appeals Rejects Dormant Commerce Clause Challenge to Cable Exemption in DIRECTV, Inc. v. Roberts

The Tennessee Court of Appeals held on February 27, 2015, that the Tennessee Cable Exemption, which exempts the first $15 of cable television service from sales tax, does not violate the Commerce Clause of the United States...more

MoFo New York Tax Insights - Volume 6, Issue 1 - January 2015

by Morrison & Foerster LLP on

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

The FCC’s New Wireless Facility Rules

by Best Best & Krieger LLP on

A reporter for Telecommunications Reports was one of the attendees of the Best Best & Krieger webinar “New FCC Rules Will Require New Approach to Siting of Wireless Facilities.” The free webinar on Nov. 5 was in response to...more

Oregon Supreme Court Provides Definition of "Data Transmission Services" for Central Assessment Purposes

by Stoel Rives LLP on

The Oregon Supreme Court today released its long-awaited decision in Comcast Corporation v. Department of Revenue, 356 Or 282, (Oct 2, 2014) (argued January 8, 2013). ...more

Nancy Hamilton's Notes: 18½ Minutes vs. 2 Years: Then and Now

by Jackson Walker on

During the Watergate scandal of 1973 and 1974, which ultimately led to the resignation of President Richard Nixon, the Nixon White House tapes were the focal point of a media firestorm and the nation's rapt attention,...more

MoFo New York Tax Insights - Volume 5, Issue 4 - April 2014

by Morrison & Foerster LLP on

In This Issue: City ALJ Holds First Amendment Requires Exercise of Discretionary Authority for Sourcing Receipts from Providing Credit Ratings; Tribunal Affirms Partial Day Count for Statutory Residency Purposes; ALJ...more

MoFo New York Tax Insights - Volume 5, Issue 4 - April 2014

by Morrison & Foerster LLP on

In This Issue: City ALJ Holds First Amendment Requires Exercise of Discretionary Authority for Sourcing Receipts from Providing Credit Ratings; Tribunal Affirms Partial Day Count for Statutory Residency Purposes; ALJ...more

MoFo New York Tax Insights - Volume 5, Issue 2 - February 2014

by Morrison & Foerster LLP on

In This Issue: Governor Cuomo Releases Ambitious 2014-15 Executive Budget; Third Department Holds Transfer of Condemned Property Did Not Occur Until After Gains Tax Was Repealed; Trial Court Upholds Constitutionality...more

Advertising Law -- Nov 06, 2013

FTC Settles Over “Made in the U.S.A.” Claims - Back in business after the government shutdown, the Federal Trade Commission recently announced a settlement involving products falsely advertised as “Made in the U.S.A.”...more

State + Local Tax Insights -- Fall 2013

by Morrison & Foerster LLP on

In This Issue: “Occasional Sales” and Single Sales Factor Apportionment in California; Upcoming Speaking Engagements; State Taxation of Financial Institutions; Applying the True Object Test to Determine the Taxability...more

Spotlight on SALT: Illinois Supreme Court Invalidates the State's "Click-Through Nexus" Statute Under the Internet Tax Freedom Act

by Baker Donelson on

Illinois joined a number of other states in 2011 and enacted a "click-through nexus" statute targeting internet retailers for sales and use tax collection obligations. Under the Illinois and similar statutes enacted in other...more

Is The IRS Reading Emails With A Search Warrant?

by Charles (Chuck) Rubin on

Last week, the ACLU created a stir when it suggested that the IRS may be reading taxpayers’ emails without obtaining a search warrant. At least at some point in time in the past, according to the IRS’ 2009 “Search Warrant...more

VODAFONE case and constitutionality of Finance Bill 2012

by MANOJ SASIDHARAN on

Validity of a clause in a Finance Bill containing a validation clause that seeks to negate the effect of an Apex court judgment that would otherwise operate in favor of VODAFONE by declaring that the concerned judgment shall...more

Tri-State Tax Alert

by Pierce Atwood LLP on

From our offices in Boston, Portland, and Portsmouth, Pierce Atwood’s State and Local Tax Group provides litigation, planning, transaction, regulatory, and legislative services to business, associations, and individuals on...more

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