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
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
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
PA Tax Tips: PA Offers Many Production-Based Exemptions by McNees Wallace & Nurick LLC on 1/21/2011 Production-based tax exemptions have saved Pennsylvania businesses billions of dollars. These exemptions are known by various names, including "manufacturing," "processing," "printing," "mining," "R&D," "agriculture" and...more
Focus on Franchising Alert - Federal Law Excludes 100% of Gains on Qualified Small Business Stock Acquired By December 31, 2010 by Fox Rothschild on 11/19/2010 On September 27, 2010, President Obama signed the Small Business Jobs Act of 2010 aimed at encouraging investment in small businesses. One of the Act’s most important provisions is the amendment of Internal Revenue Code...more
How You Should Prepare to Sell Your Business by Doron Eghbali on 11/9/2010 Selling your business is often times a complicated process. It requires preparing your business to sell from the moment you decide to launch. Selling your business could even be more complicated than selling your house. There...more
District of Columbia Tax Amnesty: August 2 – September 30 by Reed Smith on 8/2/2010 On July 29, the District of Columbia's Office of Tax and Revenue("OTR") announced that it will launch a tax amnesty program that will run from August 2 through September 30, 2010. The amnesty program applies to taxes that...more
Which Business Form is Right for me? by Eric Sigman on 7/30/2010 Owning your own business is a rewarding and potentially lucrative endeavor. The freedom and sense of accomplishment of being self-employed is unmatched. However, business ownership can be a serious financial risk if you are...more
Focus on Franchising Alert - Independent Contractor v. Employees: New Traps For Franchisors That Misclassify Workers by Fox Rothschild on 6/15/2010 Generally speaking, one of the major advantages of being a franchisor is that the business and brand name can be expanded into other regions and states without the overhead costs associated with hiring employees to staff...more