Tax Law, Franchise Law

New Mexico 2013 Tax Legislation Update

by Timothy R. Van Valen | Brownstein Hyatt Farber Schreck on 5/22/2013

The recently concluded 2013 regular session of the New Mexico Legislature resulted in legislation enacting several significant changes to New Mexico’s tax programs, the majority of which are business friendly. Most of the...more

Navigating Pennsylvania’s Tax Appeals Process -- Updated

by James Fritz | McNees Wallace & Nurick LLC on 5/21/2013

Pennsylvania’s tax appeal system has long been criticized as very complicated, expensive and lacking impartiality. A few years ago, the PA Chamber and other interested groups were able to work with the General Assembly to...more

Franchising in Spain: 2012 in Review

by Antonio Viñal on 5/9/2013

With Madrid's annual franchise fair just around the corner, now is a good time to analyze what 2012 was like for the franchise sector in Spain. A solid performance overall, especially strong for Spanish franchises abroad....more

Recent Developments in New York's Taxation of Unauthorized Life Insurers

by Stanley Kaminski, Hugh T. McCormick | Duane Morris LLP on 5/3/2013

Prior to 2012, New York afforded surprisingly favorable tax treatment to life insurance companies that are not licensed to conduct business in New York ("unauthorized life insurers"), but that owned real estate investments in...more

March 2013 - SALT Shaker Newsletter

by Mary Alexander, Andrew Appleby, Zachary Atkins, Madison Barnett, Todd Betor, Scott Booth, Christopher Chang, Timothy Gustafson, Sahang-Hee Hahn, Jessica Kerner, Pilar Mata, more +Kathryn Pittman, David Pope, Jack Trachtenberg | Sutherland Asbill & Brennan LLP on 4/1/2013

In this issue: - Delivered by Independent Contractors, Undelivered by P.L. 86-272: Order Fulfillment Activities Subject Out-of-State Seller to New York Corporation Franchise Tax - Everything’s Bigger in Texas,...more

Legal Alert: A Royal Opportunity: Amendments to New York’s Royalty Expense Add-back Statute Leave the Income Exclusion Intact for...

by Sutherland Asbill & Brennan LLP on 3/29/2013

On March 28, 2013, the New York State Legislature passed budget legislation (S.2609D/A.3009D) that replaces the existing New York State and City related - party royalty add - back requirements with provisions based on the...more

Attorney General Prevails In Lawsuit Against Income Tax Preparation Company

by June D. Coleman, Danielle Teeters | Kronick, Moskovitz, Tiedemann & Girard on 2/22/2013

The Attorney General brought a lawsuit against an income tax preparation business alleging violations of state and federal lending, consumer protection, unfair competition, and false advertising laws. The court of appeal...more

Franchisors: Don’t Forget To File Your New York Annual Sales Tax Information Report

by Steven Foristal, Matthew Kreutzer, Irina Sandler | Armstrong Teasdale LLP on 2/19/2013

All franchisors that have at least one franchisee operating in New York State should be aware that they must file an annual information return next month under a state tax law. This annual report is due on or before March...more

Alabama Tax Developments: 2012 Year in Review

by Bradley Arant Boult Cummings LLP on 12/19/2012

Our final Alabama SALT Bulletin of 2012 summarizes the major legislative, judicial, and administrative developments affecting Alabama taxpayers with respect to income, transaction, and property taxes. The spring 2012...more

2013 Audit Guidelines For Small Business

by Peter Bauman - Senior Associate at Tharpe &... on 11/26/2012

What three letters strike fear into the heart of small business owners across the United States? I . . . R . . . S Internal . . . Revenue . . . Service. And in 2013 there may be even greater reason for small...more

Focused on Franchise Law - November 2012

by Bryan Clements, Barry Kurtz, Candice Lee | Barry Kurtz on 11/20/2012

In This Issue: - Barry Kurtz Honored As Trusted Advisor - Franchisor 101: It's That Time Again: Renewal Season 2013! - Franchisee 101: Reporting Sales and Paying Taxes-A Double Edged Sword - Barry Kurtz...more

Focused on Franchise Law - August 2012

by Barry Kurtz on 9/12/2012

In This Issue: - Barry Kurtz Honored As Trusted Advisor - Franchisor 101: Exploring Exemptions Under California's Franchise Investment Law - Part 1 - Franchisee 101: Taxes, 2013 and Selling Your Franchise...more

Supply Chain Efficiency: Valuation and Transfer Pricing Considerations

by McDermott Will & Emery on 8/2/2012

Deriving maximum cost efficiency from the supply chain is a critical operational issue for multinational enterprises (MNEs) in certain regions. As taxation is typically one of a group’s largest costs, supply chain...more

MoFo New York Tax Insights - Volume 3, Issue 6 - June 2012

by Morrison & Foerster LLP on 6/1/2012

In This Issue: ALJ Holds New Resident’s Gain on Sale of Former Connecticut Home is Subject to New York Income Tax; Tribunal Reinstates Peter Madoff Petition; Banking Department’s Definition of “Gross Income” Not Properly...more

Where’s the “Beef”? Sublicensing Qualifies for Virginia Addback Exception

by Sutherland Asbill & Brennan LLP on 4/18/2012

On March 29, 2012, the Circuit Court of the City of Richmond held that an exception to Virginia’s related party addback statute applied to licensing arrangements that included a sublicensor. Wendy’s International, Inc. v....more

Where’s the Beef? Virginia Circuit Court Allows Wendy’s to Claim Exception to Addback for Royalties Paid to Affiliate

by Reed Smith on 4/18/2012

A new opportunity may exist for franchisors to claim an exception to Virginia’s royalty addback statute based on a recent Circuit Court decision. In Wendy's International Inc. v. Virginia Dep't of Taxation, decided March...more

Sutherland Salt Shaker - April 2012

by Sutherland Asbill & Brennan LLP on 4/13/2012

In This Issue 2 SALT Pet of the Month; 5 Professor Hellerstein’s Office Hours; 9 California Screaming; and 9 Policy Wonk. Sub Articles: A Swing and a Miss: Maryland Court Defines “Final” for Purposes of Statute of...more

Intangible Expenses, Amazon & Solar Highlight Bills in Tennessee Legislature

by Bradley Arant Boult Cummings LLP on 3/29/2012

Tennessee’s legislative session is in full swing, and based on the current pace of the session, legislators should finish their work during the first week of May, at the latest, and return to their districts for the November...more

Section 2704 Tackles Estate For A Claims Court Loss

by Charles (Chuck) Rubin on 3/5/2012

EXECUTIVE SUMMARY: A company formed to operate an NFL franchise runs afoul of Section 2704 at the death of its principal stockholder. While the estate put forth some creative arguments to elude the grasp of Section 2704,...more

Alabama Tax Developments: 2011 Year in Review

by Bradley Arant Boult Cummings LLP on 12/15/2011

Our final Alabama SALT Bulletin of 2011 summarizes the major legislative, judicial, and administrative developments affecting Alabama taxpayers with respect to income, transaction and property taxes. The Spring 2011...more

Nexus And State Tax Due Diligence

by Jackson Walker on 11/8/2011

Table of Contents I. Introduction...1 II. General Nexus Standards ... 2 A. Registration To Do Business...2 B. Nexus For State Tax Purposes ... 3 1. Nexus for Texas Franchise Tax Purposes... 3 2. Leniency for...more

Business Entities In Texas After 2011 Texas Legislature

by Jackson Walker on 7/12/2011

I. GENERAL. A. Introduction. In selecting a form of business entity in which to engage in business in Texas after the 82nd Texas Legislature, 2011 Regular Session (the “2011 Legislative Session”), which convened on January...more

TGS-NOPEC Victory in Franchise Tax Case has Broad Implications for Texas Businesses

by Jackson Walker on 6/7/2011

On May 27, 2011, The Texas Supreme Court found in favor of TGS-NOPEC Geophysical Company in a dispute involving how TGS' receipts from the licensing of its geophysical data should be apportioned for Texas franchise tax...more

The A.R.T. of Franchising: Advice - Reminders - Tips

by Jackson Walker on 4/7/2011

Dear Franchisor, Welcome to the Jackson Walker’s ART of Franchising newsletter. As always, our intention is to provide you with timely and easy-to-read franchise advice, reminders and tips, so that, as industry leaders,...more

S Corporations v. Payroll Taxes: A Balance of Salary and Distributions

by Doron Eghbali on 1/29/2011

A recent tax case won by the IRS has closed a loophole employed by S corporations to circumvent paying payroll taxes by characterizing their wages as distributions. This ruling might have serious repercussions in the business...more

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Tax Law › Franchise Law