Income Taxes, Apportionment

South Carolina Legislature Forces New Standards for Forced Combination on Revenue Department

Pillsbury - SeeSalt Blog on 4/23/2024

Under a new bill signed into law on March 11, 2024, the South Carolina Department of Revenue will have to satisfy additional standards before it may force affiliated corporate taxpayers to file a unitary combined return. ...more

Reminder: “Gross” Does Not Mean “Net” – California OTA Holds All Repatriated Dividends Must Be Included in Sales Factor

Pillsbury - SeeSalt Blog on 4/8/2024

In a decision marked “not precedential,” the OTA held 100 percent of repatriated dividends must be included in the taxpayer’s sales factor denominator....more

Moore Bark Than Bite? Supreme Court Weighs In

Cadwalader, Wickersham & Taft LLP on 12/22/2023

Unless you have been living under a rock—as we tax lawyers are wont to do—you have probably been following Moore v. United States, which we last discussed. On December 5, the tax community stepped into the spotlight...more

Maine Expressly Requires Express Scripts to Apportion Services Receipts Using a Look-Through Approach

Pillsbury - SeeSalt Blog on 12/13/2023

On November 7, 2023, the Supreme Judicial Court of Maine held a taxpayer’s receipts from the performance of pharmacy benefit management (PBM) services should be apportioned using a look-through approach. Specifically, the...more

Supreme Court to Decide: No Realization Means No Moore Income Tax?

Rivkin Radler LLP on 10/13/2023

Many of you, perhaps most, may have read about a case that will be heard by the U.S. Supreme Court during its current term. The case, Moore v. United States, comes out of the Ninth Circuit Court of Appeals. The Supreme Court...more

Will the Supreme Court Invalidate One or More Sections of the Tax Cuts and Jobs Act?

Miller Canfield on 8/18/2023

A tax case pending in the United States Supreme Court, Moore v. United States, may cause a cataclysmic change in the federal income tax. The 16th Amendment to the United States Constitution empowers Congress to impose “taxes...more

At the 10-Yard Line: New York Formally Proposes Corporate Tax Reform Regulations

McDermott Will & Emery on 8/14/2023

On August 9, 2023, the New York State Department of Taxation and Finance (Department) released 417 pages of proposed regulations, an important step toward concluding a now almost decade-long process to implement corporate tax...more

Is There Taxation Without Realization? Moore May Create More Questions Than Answers

Cadwalader, Wickersham & Taft LLP on 7/28/2023

The U.S. tax system developed in response to colonial opposition to taxation without representation. As such, Article I of the Constitution provides that Congress may not impose a “direct tax” unless the tax is “apportioned”...more

Virginia’s General Assembly Enacts New Tax Legislation in 2023 (Chart Included)

Williams Mullen on 3/30/2023

The table below summarizes the tax legislation enacted by the General Assembly during its 2023 Regular Session and approved by Gov. Youngkin that will become law on or before July 1, 2023. Please note that any legislation...more

California Court Holds Nonresidents’ Pass-through Income from Intangibles Is Taxable if It Is Classified as Business Income at the...

Pillsbury - SeeSalt Blog on 6/10/2022

The California Court of Appeal held a nonresident S corporation shareholder’s pro rata share of gain on the sale of goodwill classified as business income by the S corporation has a California source and is subject to tax for...more

Seller Beware - Court Rules That California Can Tax Gain from the Sale of Goodwill

Venable LLP on 6/7/2022

A California state appellate court recently upheld the trial court's decision in The 2009 Metropoulos Family Trust v. Franchise Tax Board that nonresident shareholders of an S corporation source gain on the S corporation's...more

Illinois DOR Proposes to Change Income Tax Liability for Businesses that Make Sales to Foreign Countries

Akerman LLP - SALT Insights on 5/31/2022

The Illinois Department of Revenue (“IDOR” or “Department”) recently issued a Notice of Proposed Amendment to amend its Regulation (86 Ill. Admin. Code § 100.3200) governing the “throwback” and “throwout” apportionment...more

Michigan Supreme Court to Provide Clarity on Alternative Apportionment of Income Tax for Out-of-State Companies

Miller Canfield on 4/1/2022

The Michigan Supreme Court has agreed to hear one of the most significant cases in the country to examine the question of when the Due Process and Commerce Clauses of the U.S. Constitution require the application of an...more

Leaving New York – But What About One’s New York Business?

Rivkin Radler LLP on 1/18/2022

Goodbye New York- Late last year, the U.S. Census Bureau released data showing population shifts across the country during 2021. According to this information, New York lost 1.8 percent of its population... ...more

State and Local Tax Considerations in Light of COVID-19

Skadden, Arps, Slate, Meagher & Flom LLP on 4/8/2020

The first order of business for many state tax authorities in response to COVID-19 was deciding whether to extend their respective income tax filing and payment deadlines for the 2019 tax year, either automatically by...more

2019 North Carolina Tax Legislation

Smith Anderson on 11/12/2019

This Alert summarizes the more significant tax provisions enacted by the North Carolina General Assembly in 2019. The most important tax changes were originally included in House Bill 966, the 2019 Appropriations Act (the...more

MoFo New York Tax Insights - Volume 10, Issue 8

Morrison & Foerster LLP on 8/6/2019

Welcome to the latest issue of New York Tax Insights. In this issue we cover: ..The New York State Department of Taxation and Finance’s release of revisions to its draft business corporate franchise tax regulations for...more

New York Revises Draft Apportionment Regulation on Specified Services That Will Affect Many Businesses, Including the Financial...

Morrison & Foerster LLP on 7/22/2019

The New York State Department of Taxation and Finance has made several significant revisions to its draft corporate income tax regulation for the sourcing of receipts from other services and other business activities. Draft...more

Income Taxes › Apportionment