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Tax Refunds State Taxes

Holland & Knight LLP

Tennessee Removes Alternative Measure for Franchise Tax, Creates Automatic Refund Period

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Gov. Bill Lee recently signed into law Public Chapter 950, which creates significant changes in how Tennessee's franchise tax is calculated. Until now, the franchise tax has been calculated based on 1) a taxpayer's...more

Blank Rome LLP

New Jersey Tax Court Awards Company a Refund Based on Its Use of Market-Based Sourcing for Years Prior to New Jersey’s Adoption of...

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In an unpublished opinion, the New Jersey Tax Court held that a web-based business solutions company was entitled to use market-based sourcing to source its 2011 and 2012 receipts even though market-based sourcing was not...more

Baker Donelson

Potential Tax Refunds Resulting from Constitutional Issue with Franchise Tax

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Commissioner of the Tennessee Department of Revenue (Department), David Gerregano, recently testified before the Revenue Subcommittee of the Senate Finance, Ways and Means Committee, regarding the Department's proposed...more

Blank Rome LLP

Sales Tax & Bad Debts: Win at Indiana Tax Court Follows Federal

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Financed transactions can result in states asserting "heads I win, tails you lose" by taking the tax at the time of sale but not accepting pain when the installment sale is busted. When a sale of tangible personal property...more

Lewis Roca

[Webinar] 2023 Annual AZ Construction Sales Tax Seminar - October 26th, 9:00 am - 2:45 pm MST

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In addition to the old standbys of The Unique Arizona Contracting Tax Structure, MRRA, and That Darn Speculative Builder Tax, Pat and Karen will touch on lots of interesting issues: - What’s up with refunds of the half...more

McDermott Will & Emery

Supreme Court Takes Up Constitutional Challenge to Section 965 Transition Tax

On June 26, 2023, the Supreme Court of the United States agreed to hear a rare challenge under the Sixteenth Amendment and Tax Clauses to Section 965 of the tax code. In Moore v. United States, the justices will consider...more

Holland & Knight LLP

Texas Franchise Taxpayers May Need to Consider Filing Protective Refund Claims

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The issue of whether receipts from the sale of securities should be included in the franchise tax apportionment factor on a gross or net basis may be heard by the Texas Supreme Court after all. There are two cases, Citgo...more

Freeman Law

Texas Tax Roundup | January 2023

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Hiya, folks and welcome back to a whole new edition (in a whole new year) of the Texas Tax Roundup! January started the year off with a blast! Let’s see what happened!   Sales and Use Tax  Governmental Exemption...more

Bowditch & Dewey

Massachusetts Tax Rebates to Begin November 1, 2022

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On October 31, 2022, the Massachusetts Department of Revenue (DOR) announced that tax refunds consisting of about $2.9 billion in excess tax revenue will begin on November 1, 2022....more

Bowditch & Dewey

Will You Receive a Massachusetts Tax Rebate?

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Massachusetts taxpayers are about to get a tax rebate. That’s right. A tax rebate. Governor Charlie Baker announced that revenue collections in Fiscal Year 2022 far exceeded the annual tax revenue cap, thereby triggering a...more

BakerHostetler

[Podcast] Is Your Company Due a Massachusetts Sales Tax Refund for Software?

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After years of back and forth, the Massachusetts Supreme Judicial court has issued the much anticipated ruling in Oracle. Good news! Taxpayers are allowed refunds for software used in multiple locations even if they didn't...more

BakerHostetler

[Podcast] Did Texas Make It Easier to Get Tax Cases into Court?

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The Texas Legislature has passed HB 2080 which tempers Texas' "pay to play" system for judicial review of tax cases and SB 903, which allows taxpayers to skip an administrative hearing on refund cases. Matt Hunsaker, a...more

Eversheds Sutherland (US) LLP

California Superior Court invalidates sales tax Regulation 1585 awarding refund on sales of bundled cellular telephones

On Oct. 27, 2020, the Sacramento Superior Court granted a writ of prohibition barring the California Department of Tax and Fee Administration (the Department) from applying sales tax Regulation 1585 (Reg 1585) to bundled...more

Hicks Johnson

McGirt Update: Tax, Environmental, and Energy Implications

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Three months on from the Supreme Court’s decision in McGirt v. Oklahoma, the fallout is becoming increasingly clear in Oklahoma. On July 9, 2020, the Supreme Court issued its opinion in McGirt, ruling that most of the eastern...more

BakerHostetler

Bad Debts - A State Income & Sales Tax Perspective

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It's no mystery that when times are hard, bad debts skyrocket. But how do businesses handle bad debts for state income and sales tax purposes? Matt Hunsaker hits the high points in this week's episode....more

McAfee & Taft

Maintaining Oklahoma tax incentives after COVID-19

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As businesses look to reopen and recover from the COVID-19 pandemic, they should be attentive to Oklahoma tax incentives previously awarded to them to ensure all requirements are met to continue to avail themselves of these...more

Burr & Forman

South Carolina Department of Revenue Issues Draft Guidance Announcing New Procedures For Handling Disputed State Tax Matters

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The South Carolina Department of Revenue (SCDOR or DOR) recently issued a draft of long-awaiting guidance overhauling DOR’s administrative practices concerning disputed tax audits, refunds, license revocations, and other...more

Brooks Pierce

North Carolina Legislative Update - October 2019

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The impasse between Governor Roy Cooper and the General Assembly over the 2019 budget bill (H966) continued this week, as Legislators considered some additional “mini-budget” bills. The House overrode Governor Cooper’s veto...more

Moore & Van Allen PLLC

MVA Monitor - August 2019 #5

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The budget stand-off continued this week. Legislators rolled out a number of mini-budgets this week, but their futures are uncertain. The General Assembly will take a break next week for the Labor Day holiday, so it will...more

Burr & Forman

Alabama Supreme Court Provides Guidance On Sales Taxation Of Computer Software And Services

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The Alabama Supreme Court recently issued an opinion providing guidance on how computer software and related services are taxed by the State of Alabama for sales tax purposes. This is the first such opinion in this area by...more

Morrison & Foerster LLP

Massachusetts Appellate Tax Board Grants Refund and Allows Apportionment of Sales Tax on Software Sales

The Massachusetts Appellate Tax Board recently vacated, on its own motion, a previous decision in favor of the Commissioner of Revenue and ruled that a Massachusetts-based company (the “Company”) was entitled to a refund of...more

Rosenberg Martin Greenberg LLP

Pre-Notice Levies: When the IRS Can Levy Before Notifying Taxpayers of Their Right to a Hearing

One of the most important rights a taxpayer has during the Internal Revenue Service (“IRS”) administrative collection process is to be notified of their right to a collection due process hearing before the IRS issues a levy....more

Foster Garvey PC

Decoding the Tax Cuts and Jobs Act – Part VII: Family Matters and Major Events in the Lives of Individuals

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The Tax Cuts and Jobs Act (“TCJA”) creates the need for tax planning with respect to several major life-changing activities individuals may encounter, including marriage, divorce, home ownership, casualty losses, medical...more

Goodwin

State and Federal Tax Law Developments Affect Same-Sex Couples and MA Residents with Out-of-State Real Estate

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Recent changes in state and federal tax laws impact same-sex couples and any Massachusetts residents who own real estate in another state. Clients who may be affected by these changes should act soon to protect the...more

Williams Mullen

SALT Alert: North Carolina Enacts New Administrative Procedure to Challenge Statute Of Limitations Determinations in Tax Cases

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On June 30, 2016, Governor McCrory signed House Bill 533 into law as S.L. 2016-76. The legislation provides a new administrative procedure for a taxpayer to seek review of a North Carolina Department of Revenue...more

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