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Michigan Court Again Holds It Was Unconstitutional to Include Gain from Sale of a Business in Tax Base but Not Sales Factor

The Michigan Court of Appeals recently reaffirmed its earlier decision that an alternative method of apportionment was necessary to avoid unconstitutional distortion from including a large gain from the sale of a...more

New York State Tax Department Issues Guidance on Pass-Through Entity Tax

The New York State Department of Taxation and Finance has issued guidance on the recently enacted New York Pass-Through Entity Tax. Technical Memorandum, “Pass-Through Entity Tax,” TSB-M-21(1)C, (1)I (N.Y.S. Dep’t of Taxation...more

Ohio Supreme Court Agrees That Taxpayers’ Appeals Were Timely Due to COVID 19 Tolling Provisions

On July 15, 2021, the Ohio Supreme Court reversed the Board of Tax Appeals (“BTA”) and held that two taxpayers had timely filed appeals from final determinations of the Tax Commissioner (“Commissioner”) as a result of tolling...more

Massachusetts High Court Finds Statutory Right to Apportionment of Sales Tax for Software Used in Multiple States

The Massachusetts Supreme Judicial Court denied the Commissioner of Revenue’s attempted money grab and held that there is a statutory right to apportion sales tax on receipts from the sale or license of software that was...more

6/18/2021  /  Sales Tax , Software , State Taxes , Vendors

Court Requires Wisconsin Department of Revenue to Follow its Own Pronouncement

While state taxing agencies generally take the high road, it is important to remember that when they do not, the courts can require them to do so. In Wisconsin Department of Revenue v. Deere and Company, No. 2020AP726, 2021...more

New York Governor Releases 2021-22 Executive Budget

On January 19, 2021, New York State Governor Andrew M. Cuomo submitted his Executive Budget, applicable to the state’s fiscal year beginning April 1, 2021. The governor’s proposal, which will now be the subject of public...more

Current Developments in State and Local Tax

Income & Franchise Taxes—Deductions - Massachusetts—Appeals Court Allows Deduction for Utility Taxes Paid to Indiana - The Massachusetts Appeals Court reversed a decision of the Appellate Tax Board and allowed Bay State...more

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