Sutherland Salt Shaker- Vol. 2 No. 6 June/July 2011

more+
less-

IN THIS ISSUE:

Nexus Explosion: California Governor Signs Bill Expanding California Sales Tax Collection Requirements

With all the drama and suspense of a Hollywood movie, California Governor Jerry Brown signed AB X1 28 on June 29—more than two weeks after the bill originally passed the California legislature. AB X1 28 has been controversial because it significantly expands California’s sales and use tax collection requirements by substantially incorporating all of the provisions of former AB 153 (click-through nexus), AB 155 (affiliate nexus), and SB 234 (constitutional nexus).....

Click It and Tax It: More States Pass Nexus-Expanding Legislation

.....

Even as state legislative sessions begin to wind down, legislatures continue to enact legislation expanding states’ sales and use tax collection obligations. Connecticut Governor Malloy signed Senate Bill No. 1239 on May 4, 2011, and House Bill No. 6652 on June 21, 2011. Both bills enacted a click-through nexus provision by expanding Connecticut’s definition of “retailer.” However, House Bill No. 6652—amended the definition of “retailer” retroactive to May 4, 2011, while the original bill—Senate Bill No. 1239—had a prospective effective date of July 1.....

Tennessee Tax Has One Company Over a Barrel

The Tennessee Attorney General recently opined that the General Assembly may allow counties to impose a tax on liquor barrels. The proposed privilege tax on the use of liquor barrels would be imposed on any manufacturer of intoxicating liquor that operated before 1950. Tenn. Att’y Gen. Op. No. 11-49 (May 31, 2011).....

Broker-Dealer Dodges Michigan Nexus

The Michigan Supreme Court recently reversed an odd Michigan Court of Appeals decision, which held that an out-of state securities broker-dealer had nexus sufficient to subject it to the Single Business Tax (SBT) by virtue of the activities of in-state, independent registered representatives who contracted with the broker-dealer to facilitate trades for the representatives’ customers on out-of-state security exchanges. Vestax Sec. Corp. v. Dep’t of Treasury, 2011 Mich. LEXIS 945 (June 1, 2011), rev’g, 2010 Mich. App. LEXIS 2093 (Oct. 28, 2010).....

Nevada Targeting High Rollers

Nevada Senate Bill 136 marks the first time that a state is explicitly targeting large-volume holders for special treatment under the unclaimed property laws.....

SALT Pet of the Month

Meet Mack, the curly-tailed companion of Sutherland New York Associate Andrew Appleby.....

Please see full newsletter below for more information.

LOADING PDF: If there are any problems, click here to download the file.