Tangible Property

IRS ‘Repairs’ The Examination Of Tangible Property Regulation Issues

by Ellen McElroy | Pepper Hamilton LLP on 5/7/2013

In March, the Internal Revenue Service published an IRS Large Business & International (LB&I) Directive (the Directive), which updates an earlier directive to field agents addressing the examination of capitalization and...more

The Cultural Heritage Act, or How to Turn Something Old Into Something New!

by Virginie Fortin, Chantal Sylvestre | Heenan Blaikie LLP on 5/2/2013

Warning! Proceed with care: owners of heritage immovables are now subject to much more stringent rules including with respect to the preservation of the heritage value of their immovables. In the Fall of 2012, a new act was...more

Tax Storm Clouds on the Horizon

by Brendan Lund | Carr, McClellan, Ingersoll, Thompson & Horn -... on 4/17/2013

There is a storm on the horizon for providers of cloud-based services as states determine whether and how to tax these services. Service providers should act now to anticipate upcoming tax issues for their particular...more

Is Your Software Transmission Subject to U.S. Export Controls under the EAR?

by Jeffrey Richardson | Miller Canfield on 4/15/2013

The release of software may require an export control license from the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) under the Export Administration Regulations (the “EAR”). Software delivery has...more

A Pinch of SALT: State Tax Treatment of a 'Manufacturer'

by Suzanne Palms, David Pope, Maria Todorova | Sutherland Asbill & Brennan LLP on 2/15/2013

Originally published in State Tax Notes. Many states have created special treatment for manufacturers, including tax exemptions, credits, and special income tax apportionment rules. In this edition of A Pinch of SALT, we...more

Disclaimer Of Income Interest Was Not Taxable For Nonresident

by Charles (Chuck) Rubin on 2/8/2013

Code §2501(a)(2) provides that, except as to certain expatriates, U.S. gift taxes do not apply to the transfer of intangible property by a nonresident not a citizen of the United States. This exemption is big enough to drive...more

Illinois and California State Tax Advisory

by Stanley Kaminski | Duane Morris LLP on 1/29/2013

Recent developments in state tax laws include a non-titled tangible personal property use tax in Cook County, Illinois, that is effective on April 1, 2013; and an income tax increase on individuals, estates and trusts in...more

Disk or No Disk – Cloud Computing Services Not Taxable In Virginia

by Daniel Dixon, Michael Jacobs | Reed Smith on 1/14/2013

If you are located in Virginia and use a cloud computing service, and you (or your cloud provider) received a disk, manual, or other incidental tangible property in connection with your purchase of the service, you may have...more

Microsoft Court Holds Right to Replicate Software Is an Intangible Property Right for Purposes of California’s Sales Factor...

by Marty Dakessian, Mike Shaikh, Kyle O. Sollie, Brian W. Toman | Reed Smith on 12/28/2012

Earlier this week, the California Court of Appeal, First District, held that the right to replicate and install software is an intangible property right for sales-factor sourcing purposes. Thus, for the years at issue, the...more

California Court Finds in Favor of Microsoft, Upholds Costs of Performance

by Sutherland Asbill & Brennan LLP on 12/20/2012

On December 18, 2012, the California Court of Appeal ruled that receipts from the right to replicate software are sourced as sales “other than tangible personal property.” In reversing the trial court, the Court of Appeal...more

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