News & Analysis as of

State Taxes

BNA Reports That Tax-Zapping Software Costs States $21 Billion In Taxes Annually

by Fox Rothschild LLP on

BNA’s Michael J. Bologna and Paul Shukovsky have written a comprehensive article about a pervasive problem facing state tax auditors: the use by restaurants and other cash-intensive businesses of electronic revenue...more

Massachusetts to Move Forward With New “Cookie” Nexus Regulation Effective October 1

by Reed Smith on

On September 13, Massachusetts issued a final regulation that will require many “internet vendors” without traditional “physical presence” in Massachusetts to collect and remit sales and use tax, effective beginning October...more

Hurricanes, Displacement And The Effect On Domicile

by Murtha Cullina on

In the span of three weeks, Hurricanes Harvey and Irma descended upon the southern United States causing mass evacuations, heroic rescues, and catastrophic damage, particularly in Texas and in Florida. As a result, many...more

Spotlight on Alabama: Tax Tribunal Distinguishes Scope of Federal and Alabama Responsible Person Penalty

by Baker Donelson on

In a ruling from September 6, the Alabama Tax Tribunal distinguished the scope of the federal and the Alabama responsible person penalty, holding the Alabama penalty did not apply to a mere employee. In Ty P. Taylor v. State...more

The Impact Of Hurricanes Irma And Harvey On Snowbirds And Residency Requirements

by Akerman LLP on

Snowbirds need to be concerned about their residency status for income tax purposes in light of Hurricanes Harvey and Irma. Clients who retreated to New York or clients who had planned to travel from New York to Florida but...more

South Carolina Conservation Easements for Farm and Forestry Property

by McNair Law Firm, P.A. on

There are 12.9 million acres of commercial forestland in South Carolina. More than half of the forestland is family-owned, and 82% of private owners live on the land. The state also has about 25,000 farms, which encompass 4.9...more

News from Second & State

Weekly Wrap - As of our last writing, the General Assembly had sent Governor Wolf a budget bill in time to meet the June 30 deadline, but failed to pass legislation that would raise the revenue needed to foot the bill. By...more

South Dakota Supreme Court Strikes Down ‘Kill-Quill’ Law

by Reed Smith on

Just two weeks after holding oral argument, the South Dakota Supreme Court issued its decision in South Dakota v. Wayfair, et al., striking down South Dakota’s “kill-Quill” law. South Dakota’s law would have imposed sales tax...more

2017 Arizona Legislative Amendments Affecting Commerical Real Estate and Lending

The following information accompanies a presentation Mike gave to members of the Arizona Commercial Mortgage Lenders Association (ACMLA) on September 12, 2017. HB 2213 – GPLET Leases - Arizona’s GPLET statute (enacted...more

State + Local Tax Insights: Summer 2017

by Morrison & Foerster LLP on

Triple the Risk, Triple the Uncertainty: Tax False Claims Act Suits. - Part one of a two part series - During a single hearing in March 2016, a Cook County Circuit Judge dismissed over 200 False Claims Act (“FCA”) suits...more

Regarding Hurricanes Harvey and Irma and their Impact on New York Residency

by Hodgson Russ LLP on

Clients who are domiciled in Texas, Florida, and US Virgin Islands may end up spending additional time in New York this year, due to Hurricanes Harvey or Irma. Those affected might be concerned about the impact of that...more

Withdrawing Your Business From New York? Did You Pay The Exit Tax?

by Farrell Fritz, P.C. on

Departing Individuals- Many of you may know that an individual who changes his status from New York (“NY”) resident to nonresident is required to accrue to the period of his NY residence – i.e., include in his final NY tax...more

Rhode Island State Tax – 2018 Budget Highlights

by Partridge Snow & Hahn LLP on

After some delay, Rhode Island's budget bill (H. 5175Aaa) was finally signed into law by the governor on August 3, 2017. The budget contains a number of changes impacting the administration of state and local taxes, not the...more

Virginia Supreme Court Decides (Mostly) in Favor of Department in Lead Addback Case

by Reed Smith on

On August 31, 2017, the Virginia Supreme Court issued a decision holding that a taxpayer can claim an exception to Virginia’s intangible expense addback on the basis that the related member receiving the intangible payment is...more

Virginia Supreme Court Rules on Subject-to-Tax Safe Harbor to the Royalty Addback

by Morrison & Foerster LLP on

In a 4-3 decision, the Virginia Supreme Court held that the subject-to-tax safe harbor to the royalty addback was ambiguous and applies only to the extent that the royalties are actually taxed by another state. In addition,...more

Purchases of Truck Leasing Company not exempt from Indiana Sales and Use Tax under Public Transportation Exemption

by Faegre Baker Daniels on

In Schilli Leasing, Inc. v. Indiana Dep’t of State Rev., Cause No. 49T10-1306-TA-00054 (Aug. 31, 2017), the Indiana Tax Court denied the public transportation exemption from sales and use tax for purchases of a truck leasing...more

Texas Comptroller Glenn Hegar’s Hurricane Harvey Relief Initiatives

by Jackson Walker on

1. Hotel Occupancy Tax Declared Exempt For Evacuees and Relief Workers - The Governor of Texas, by way of proclamation, has exempted evacuees and relief workers from state and local hotel taxes.  Currently the Governor’s...more

New Tax Credit for Student Loan Debt - Time Sensitive!

by Pessin Katz Law, P.A. on

Are you a Maryland resident? Do you have student loan debt? Well, good news – you may be eligible for a new tax credit on your 2017 tax return!...more

One Step Closer to Quill’s Downfall? South Dakota Supreme Court Hears Oral Arguments in 'Kill-Quill' Case

by Reed Smith on

The South Dakota Supreme Court heard oral argument in South Dakota v. Wayfair, Inc. The case involves a South Dakota law enacted in 2016 that imposes an economic nexus standard to determine whether out-of-state retailers are...more

SJC Holds that Drop-Shipper has Burden of Proving Sales Were Not Subject to Sales Tax; Is Liable for Tax

by Reed Smith on

In D & H Distributing Company v. Commissioner, the Supreme Judicial Court (“SJC”) considered whether the taxpayer, a distributor located outside of Massachusetts, bore the burden of proving that a drop shipment to a...more

DOE’s 2016 Wind Market Report – Tax Equity Highlights

The U.S. Department of Energy recently released its 2016 Wind Technologies Market Report. The 94-page report provides an in-depth review of the current health and direction of the wind industry, replete with data, analysis...more

Massachusetts State Tax Developments

by Reed Smith on

Welcome to the latest Reed Smith update on recent developments in Massachusetts state tax. In this update, we’ll discuss the following developments: - Corporate excise tax implications of the Department’s decision to...more

GHA Implements Georgia Rural Hospital Expense Tax Credit Program for Employees

by Arnall Golden Gregory LLP on

In 2016, the Georgia Legislature passed the Rural Hospital Tax Credit Program that provides a state income tax credit that is designed to encourage Georgians to financially contribute to qualified rural hospital...more

UPDATE: Massachusetts Department of Revenue Releases Proposed Regulation Requiring Large Out-of-State Internet Vendors to Collect...

by Locke Lord LLP on

Our previous QuickStudy published on July 14, 2017, discussed the swift revocation of Directive 17-1 by the Massachusetts Department of Revenue (“DOR”) following a ruling from the Massachusetts Superior Court that Directive...more

A 529 plan can benefit your estate plan

As summer vacations wind down and thoughts turn back to school activities, people might find themselves reviewing their finances and considering the options for funding their children’s (or grandchildren’s) college...more

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