News & Analysis as of

Gross Receipts Tax

The Dream of a Gross Receipts Tax Is Alive in Oregon

by Garvey Schubert Barer on

After Oregon Measure 97’s drubbing at the polls in November 2016, for many, it suggested the quashing of any notion of a gross receipts tax in the state. For Oregon Senator Mark Hass (D) and Representative Mark Johnson (R),...more

Southeast State & Local Tax: Important Developments - March 2017

by Williams Mullen on

This legislative roundup summarizes important state and local tax developments enacted by the 2017 General Assembly, Regular Session. ...more

Pending Alabama Tax Legislation (2017 Regular Session) State and Local Tax Alert: Alabama Edition

The House and Senate have each met a total of six legislative days thus far. There are therefore 24 legislative days remaining in the 2017 Regular Session. The House will reconvene on Tuesday, February 28 at 1:00 p.m. The...more

The New Jersey Litter Control Fee – Refund Claims Due March 15

by Reed Smith on

Taxpayers in, or making sales into, New Jersey may be subject to the New Jersey Litter Fee. Taxpayers with manufacturing activities have until March 15 to file refunds based on the “wholesaler-to-wholesaler” deduction....more

South Carolina Court of Appeals, in Olds v. City of Goose Creek, Affirms Circuit Court Order Regarding Definition of Gross Income...

by McNair Law Firm, P.A. on

In Olds v. City of Goose Creek, 2016 S.C. App. LEXIS 147, the South Carolina Court of Appeals provides a thorough discussion of the application of the South Carolina business license tax to a taxpayer’s gross income. The...more

BREAKING NEWS: US Supreme Court Denies Cert in Direct Marketing Association v. Brohl

by McDermott Will & Emery on

On December 12, 2016 the US Supreme Court announced that it denied certiorari in Direct Marketing Association v. Brohl, which was on appeal from the US Court of Appeals for the Tenth Circuit. The denied petitions were filed...more

New Jersey Reverses Tax Policy on Petroleum-Based Consumer Products

by Reed Smith on

If you sold petroleum-based consumer products into New Jersey and paid petroleum products gross receipts tax, you have a refund opportunity. The New Jersey Division of Taxation’s long-standing position is that...more

The Tax Man Cometh To Nevada Businesses

by Allen Matkins on

Nevada likes to market itself as a low tax jurisdiction, touting the fact that “Nevada does not impose income tax on domestic or foreign corporations.” It may not impose a tax on income, but it does impose a tax on...more

Welcome (Back) to New York: The Empire State Legalizes Daily Fantasy Sports

by Goodwin on

On Wednesday, Governor Andrew Cuomo signed into law S. 8153, a bill authorizing daily fantasy sports (DFS) in the Empire State. The law requires DFS operators to register with the New York State Gaming Commission, pay a 15%...more

San Francisco Gross Receipts Tax – Frequently Asked Questions from the Real Estate Industry

The extended due date to file 2015 San Francisco Gross Receipt Tax (“GRT”) returns is April 29, 2016. In anticipation of preparing these returns, below are frequently asked questions (“FAQ”) posed by commercial real estate...more

The Time to Consider San Francisco Gross Receipts Tax Refund Claims is Now

The San Francisco Gross Receipts Tax (GRT) incorporates provisions of both the federal income tax and the California income and franchise tax. Taxpayers should review their federal and California tax reporting that may impact...more

New Jersey Revises Guidance: Mere Delivery Doesn’t Exceed P.L. 86-272 After All

by Reed Smith on

On July 30, the New Jersey Division of Taxation (the “Division”) issued a new technical bulletin (TB-79) concerning corporate income tax nexus and the scope of federal immunity under 15 U.S.C.A section 381 (“P.L. 86-272”)....more

Fund Managers, Welcome to the Hotel California - When It Comes to Certain Taxes, It's Possible You Can Never Leave - Tax Update...

by Pepper Hamilton LLP on

Fund Managers May Be Taxable in California, Even if the Manager Has No Property or Payroll in California and All of the Management Services Are Performed Outside of the State. Several recent law changes in California,...more

Connecticut Tax Developments 2015 - Tax Increases...Again

by Shipman & Goodwin LLP on

Four years after enacting the largest tax increase in Connecticut history, the Connecticut General Assembly has adopted a new $40.3 billion biennial state budget that contains $1.5 billion in tax and fee increases. Few...more

San Francisco Gross Receipts Tax Update: New Regulations Impact Returns Due Today

The San Francisco Office of the Treasurer and Tax Collector recently issued Gross Receipts Tax regulations, tax return filing instructions and other guidance addressing major changes to how owners of disregarded entities are...more

New York State Division of Tax Appeals Renders Long-Awaited Decision Regarding Corporate Franchise Tax Sourcing of Services and...

by Reed Smith on

For years, both the New York State Department of Taxation and Finance (the “Department”) and the New York City Department of Finance have aggressively sought to classify receipts generated by electronic or online service...more

The Law is an Ass

by Charles (Chuck) Rubin on

The law is an ass, or so says Charles Dickens. After reading the IRS’ latest missive on sales of marijuana, I think I agree. The tension between federal and state law on the sale of marijuana carries over to federal income...more

Fund Sponsor Entities With San Francisco Activities May See Significant Tax Increases Under Gross Receipts Tax

by Goodwin on

San Francisco’s gross receipts tax (GRT) began phasing in this year and will be fully implemented in 2018. While the tax rates are lower than those under the previous payroll tax system, the GRT may lead to higher taxes for...more

Focus on Pennsylvania Corporate Taxes

With the November 4th election of Democrat Tom Wolf as Pennsylvania’s next Governor, Pennsylvania corporate taxpayers face an interesting budget season in 2015. During the campaign, Wolf advocated for a severance or...more

Pennsylvania Tax Developments - A Reed Smith Quarterly Update: November 2014

by Reed Smith on

This is a brief update on recent Pennsylvania tax developments. Does New Governor Mean More Tax Reform? In the recent gubernatorial election, challenger Tom Wolf (D) defeated incumbent Governor Tom Corbett (R)....more

BPT Not Prohibited on Freight Brokerage Services

by Cozen O'Connor on

A divided panel of the Commonwealth Court held that a city was not prohibited from imposing its Business Privilege Tax on the gross receipts of a freight broker. S & H Transport, Inc. v. City of York, No. 165 C. D. 2014 (Pa....more

New Jersey Tax Court Finds Two Pennsylvania Taxes Are Not Required To Be Added Back

by McDermott Will & Emery on

In a Corporation Business Tax (CBT) case, PPL Electric Utilities Corporation v. Director, Division of Taxation, Dkt. No. 000005-2011 (N.J. Tax. Ct. Oct. 2, 2014), the Tax Court of New Jersey found for the taxpayer and held...more

New Jersey Refund Opportunities Associated with the Deductibility of Other States’ Taxes

On October 2, in PPL Electric Utilities Corporation v. Director, Division of Taxation, No. 000005-2011, the New Jersey Tax Court determined that federal deductions for the taxpayer’s payments of Pennsylvania gross receipts...more

Senseless (in) Seattle - Confusing application of city’s B&O tax leaves service businesses in a quandary

by Lane Powell PC on

More than 40 Washington cities impose local business and occupation (B&O) tax. This is in addition to the state’s B&O tax on gross receipts. When a business engages in activities both inside and outside a B&O tax city,...more

Lingering Questions About the San Francisco Gross Receipts Tax

The first installment payment for the new San Francisco Gross Receipts Tax was due April 30, 2014. Many questions about the new tax remain. While the City has provided some relief from installment underpayment penalties,...more

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