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Tax Assessments: Minimum Evidentiary Foundation Required

When a taxpayer challenges an assessment issued by a state or local taxing authority, the taxing authority will typically assert that its assessment should be afforded a presumption of correctness, and the burden of proof is...more

NYS Tax Appeals Tribunal Finds SaaS Fees Are Subject to Sales Tax

The New York State Tax Appeals Tribunal recently upheld a sales tax assessment issued to a company that provided services to customers mostly through what the company described as a software-as-a-service (“SaaS”) model. In...more

6/21/2024  /  SaaS , Sales Tax , Software , State Taxes , Tax Appeals

New York Tax Appeals Tribunal Upholds Responsible Person Assessment

It happens far too often that states like New York conduct sales and use tax audits of large companies and at the end of the audit, in addition to issuing an assessment of additional tax due to the company, they issue a...more

Tangible Means Tangible—State High Court Rules for Taxpayer in Sales Tax Dispute

As technology advances and an increasing number of products that used to be sold in tangible form are now instead sold in digital form, states are faced with the challenge of adapting their sales and use taxes, which have...more

Case Dismissed: NY Court Throws Out Attorney General’s Lawsuit Alleging Fraudulent Sales Tax Returns

The Supreme Court of the State of New York for New York County dismissed a lawsuit brought by the state attorney general (“AG”) under the New York State False Claims Act alleging that a company made “reverse false claims” by...more

Florida Enacts Remote Seller Nexus and Marketplace Provider Laws

On April 19, 2021, Florida joined a growing number of states in enacting legislation imposing sales and use tax collection obligations on remote sellers lacking a physical presence in the state and requiring so-called...more

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