News & Analysis as of

Sales & Use Tax Cloud Computing

McDermott Will & Emery

Vermont Bill Would Repeal Cloud Software Tax Exemption

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On January 16, a bill (H. 756) was introduced in the Vermont Assembly that would repeal the sales and use tax exemption for remotely accessed prewritten computer software. If enacted as introduced, the exemption would no...more

Shook, Hardy & Bacon L.L.P.

Tax Compliance Giant Not In Compliance? PTP OneClick Asserts Patent Infringement And Trade Secret Misappropriation Claims Against...

Avalara, best known for its comprehensive suite of SaaS-based tax compliance solutions, found itself on the defensive after competitor PTP OneClick filed a lawsuit in October in the U.S. District Court for the Eastern...more

Alston & Bird

Measuring the Worth of Advisory Opinions: A New York Cloud Computing Illustration

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Guidance from state tax departments can be a useful resource for analyzing how a state’s tax laws apply to a specific set of facts. But with increasing frequency, tax departments are releasing guidance that seems less...more

McDermott Will & Emery

Illinois Department of Revenue Reaffirms Cloud-Based Services Not Taxable

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In two recent General Information Letters (GILs), the Illinois Department of Revenue (Department) reaffirmed that computer software provided through a cloud-based delivery system is not subject to tax in Illinois. The...more

Kelley Drye & Warren LLP

Taxing The Deal: State And Local Tax Issues In Telecom M&A Transactions

The acquisition of a telecommunications service provider or a cloud-based service provider raises unique state and local tax issues that do not arise in connection with the acquisition of other businesses. Telecom and...more

McDermott Will & Emery

Michigan Backs Off Cloud Tax, Refund Opportunities Available

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After refusing to back down on the issue for years, the Michigan Department of Treasury (Department) issued guidance last week to taxpayers announcing a change in its policy on the sales and use taxation of remotely accessed...more

Miller Canfield

Michigan Court of Appeals Holds That Cloud Computing Applications Are Not Taxable as Software

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On October 27, 2015, the Michigan Court of Appeals issued a much-anticipated decision in Auto-Owners Insurance Company v. Michigan Department of Treasury that has relevance to most Michigan companies concerning whether sales...more

McDermott Will & Emery

Precedential Cloud Victory in Michigan Court of Appeals

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On October 27, 2015, a three-judge panel sitting for the Michigan Court of Appeals unanimously affirmed a lower court decision finding that the use of cloud-based services in Michigan is not subject to use tax in Auto-Owners...more

Eversheds Sutherland (US) LLP

The Windy City’s Taxes on Cloud Computing, Streaming Services

On August 7, the Chicago Department of Finance delayed the effective date of the imposition of the Personal Property Lease Transaction Tax (the Lease Tax) on cloud computing services from September 1, 2015, to January 1,...more

McDermott Will & Emery

Chicago, Searching for Tax, Taxes Searchable Websites

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A new ruling by the City of Chicago, the Personal Property Lease Transaction Tax Ruling #12 (June 9, 2015), takes a broad view of how its whopping 9 percent tax applies to cloud-based services. Providers of information...more

Morgan Lewis

New York Issues Tax Advisory Opinion Regarding Cloud Computing Product

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The new guidance addresses the New York sales and use tax treatment of cloud computing services. Background - On April 14, the New York State Department of Taxation and Finance (the Department) issued Advisory...more

Pillsbury Winthrop Shaw Pittman LLP

Four Things You Should Know about New York State’s Recent Advisory Opinion on the Taxation of Software as a Service (“SaaS”)

On May 15, 2015, the New York State Department of Taxation and Finance released Advisory Opinion TSB-A-15(2)S which concluded that sales of certain cloud computing services are not subject to New York State sales and use tax....more

Pillsbury - Global Sourcing Practice

Four Things You Should Know About New York's Recent Advisory Opinion on the Taxation of SaaS

On May 15, 2015, the New York Department of Taxation and Finance determined in Advisory Opinion TSB-A-15(2)S that the sale of certain cloud computing services were not subject to New York State sales and use tax. The Advisory...more

McDermott Will & Emery

Three Strikes…Tax on Cloud Computing Out in Michigan?

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If the Department of Treasury (Treasury) was hoping that the Michigan courts would simply overlook the previous two cloud computing losses this year in Thomson Reuters and Auto-Owners, they appear to have been mistaken. Last...more

McDermott Will & Emery

Tennessee SaaS Ruling Highlights Telecommunications Concerns for SaaS Providers

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The Tennessee Department of Revenue recently released Letter Ruling No. 14-05, in which it considered whether certain cloud collaboration services are subject to the state’s sales tax. At a high level, the provider’s...more

McDermott Will & Emery

Idaho Drafting Cloud Computing Regulation in the Wake of H.B. 598

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The Idaho Sales Tax Rules Committee is currently revising Rule 027, Computer Equipment, Software, and Data Services, in response to the passage of H.B. 598. The Committee met for the last time on July 24 to discuss the draft...more

McDermott Will & Emery

The Vermont Department of Taxes Begins to Take a Close Look at Cloud Computing

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On June 30, 2013, the Vermont sales tax moratorium on remote access to software expired. At that time, the Vermont Department of Taxes (Department) reverted to its prior position that interpreted, without any analysis, the...more

Williams Mullen

Southeast State & Local Tax: Important Developments - October 2013

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The Williams Mullen Southeast State and Local Tax (SESALT) team is pleased to provide you with a comprehensive recap of recent legislation around the U.S....more

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