NYC TRIBUNAL IMPOSES ITS OWN SOURCING METHODOLOGY FOR RECEIPTS FROM SERVICES -
In a case involving the sourcing of lump sum payments for the performance of services, the New York City Tax Appeals Tribunal took the unusual...more
2018–19 NEW YORK STATE EXECUTIVE BUDGET RELEASED -
New York State Governor Andrew M. Cuomo has released the New York State 2018-2019 Executive Budget, containing several potentially significant tax proposals. They include...more
THE TOP 10 NEW YORK TAX HIGHLIGHTS OF 2017 -
As we look forward to an exciting new year, here is our annual list of what we viewed as the Top 10 New York Tax Highlights of 2017.
1. Appellate Division finds error in...more
Appellate Court Holds That Furnishing of Pricing Information Is Not a Taxable Information Service -
The Appellate Division has issued a potentially important decision regarding the sales tax exclusion for information...more
Securities Rating Agency Not Entitled to Refund of Erroneously Remitted Sales Tax -
A New York State Administrative Law Judge upheld the denial of a securities rating agency’s request for a refund of sales tax, holding...more
Tribunal Reverses ALJ and Holds that Department Impermissibly Discriminated Against Foreign Unauthorized Insurance Corporations -
In an issue of first impression in New York, the New York State Tax Appeals Tribunal has...more
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
Appellate Division Reverses Tribunal and Remits Case for Consideration of Sales Tax Refunds -
The New York State Appellate Division, in a strongly worded opinion, reversed the decision of the Tax Appeals Tribunal denying...more
Our August 2017 issue of New York Tax Insights covers these recent developments:
Sale of Security Services to Property Manager for NYC Housing Authority Held Exempt from Sales Tax -
The sale of security services by a...more
ALJ Holds that Executive Changed His Domicile to Paris and Was Not a New York Resident -
A New York State Administrative Law Judge has held that an individual who retired as chief financial officer of Colgate-Palmolive...more
On July 11, 2017, the Indiana Tax Court released a decision in E.I. DuPont de Nemours and Company v. Indiana Department of State Revenue. The Tax Court held that the Indiana Department of Revenue had improperly reclassified...more
Judge Dismisses $2.4 Billion False Claims Act Suit Brought Against Citigroup -
A New York State Supreme Court Judge has dismissed a qui tam False Claims Act (“FCA”) suit brought by Eric Rasmusen, an economics professor at...more
Final 2017-18 New York State Budget Bill Enacted -
The New York State Budget Bill was enacted by the New York State Legislature and signed into law by Governor Andrew M. Cuomo. S. 2009-C, A. 3009-C. Among the Governor’s...more
5/8/2017
/ Administrative Law Judge (ALJ) ,
Cell Phones ,
Co-Op ,
Income Taxes ,
Investment Tax Credits ,
Mobile Services ,
Realty Transfer Taxes ,
REIT ,
Resales Agreements ,
Restitution ,
RICs ,
S-Corporation ,
Sales Tax ,
State Budgets ,
Tax Credits ,
Tax Fraud ,
Telecommunications
ALJ Finds CEO Changed Domicile from New York City to Texas -
A New York State Administrative Law Judge has held that the CEO of Match.com (“Match”) changed his domicile from New York to Texas for New York State and City...more
4/4/2017
/ Administrative Law Judge (ALJ) ,
Banking Sector ,
CEOs ,
Domicile ,
ESOP ,
Governor Cuomo ,
Income Taxes ,
Nexus ,
Personally Identifiable Information ,
Real Estate Market ,
State Taxes ,
Tribunals
ALJ Finds CEO Changed Domicile from New York City to Texas -
A New York State Administrative Law Judge has held that the CEO of Match.com (“Match”) changed his domicile from New York to Texas for New York State and City...more
Governor Cuomo Releases 2017-18 New York State Executive Budget -
New York State Governor Andrew M. Cuomo released his 2017-2018 Executive Budget, containing an assortment of potentially important tax proposals,...more
2/3/2017
/ Administrative Law Judge (ALJ) ,
Corporate Restructuring ,
Governor Cuomo ,
Income Taxes ,
Internet ,
Realty Transfer Taxes ,
S-Corporation ,
Sales Tax ,
Tax Credits ,
Tax Loopholes ,
Utility Tax
The Top 10 New York Tax Highlights of 2016 -
It’s the New Year, and before we begin afresh, we look back at this past year with our list of the Top 10 New York tax highlights of 2016.
1. The New York State Tax...more
1/11/2017
/ Administrative Law Judge (ALJ) ,
Administrative Remedies ,
Broker-Dealer ,
Corporate Taxes ,
Deductibles ,
HMOs ,
S-Corporation ,
Sales Tax ,
State Taxes ,
Subsidiaries ,
Tax Credits ,
Tax Exemptions ,
Tax Reform ,
Tax Tribunal ,
Transfer Taxes
NYC ALJ Holds That Consulting Firm May Source Receipts Based on Location of Independent Contractors -
The nature of the services performed by a corporation, and how that corporation should source its receipts from those...more
ALJ Permits Only Minimum Penalties for Failure to File Information Returns -
A New York State Administrative Law Judge has rejected the maximum penalties imposed by the Department of Taxation and Finance on an...more
11/4/2016
/ Administrative Law Judge (ALJ) ,
Apportionment ,
Fiber Optic Cables ,
Hotels ,
Income Taxes ,
Penalties ,
Property Tax ,
Sales & Use Tax ,
Spouses ,
State Taxes ,
Wine & Alcohol
Recent unpublished NYC Department of Finance Letter Rulings -
We have obtained under the Freedom of Information Law several Finance Letter Rulings of interest, most involving the New York City real property transfer tax,...more
Appellate Division Holds That NYS Tax Department Properly Withheld Documents Requested Under FOIL -
In a unanimous decision, the Appellate Division affirmed a decision of the Supreme Court, Albany County, which had...more
ALJ holds that a Retailer Must File on a Combined Basis with a Related Intellectual Property Licensing Company -
A New York State Administrative Law Judge has held that a retailer must file combined corporate franchise...more
8/5/2016
/ Administrative Law Judge (ALJ) ,
Anti-Avoidance ,
Business Partners ,
Business Taxes ,
Corporate Taxes ,
Franchise Taxes ,
Income Taxes ,
Investment Adviser ,
IP License ,
Limited Liability Company (LLC) ,
Management Fees ,
Members ,
Oil & Gas ,
Personal Liability ,
Retailers ,
Royalties ,
Sales Tax ,
State Taxes ,
Statute of Limitations ,
Tax Returns ,
Tax Tribunal ,
Tribunals ,
Unincorporated Business Tax (UBT) ,
Whole Foods
ALJ holds NYS Real Estate Transfer Tax Cannot Be Imposed on Sale of 45% Membership Interest in LLC -
In an issue of first impression under the New York State real estate transfer tax, a New York State Administrative Law...more
7/7/2016
/ Administrative Law Judge (ALJ) ,
Admissions ,
Corporate Taxes ,
Data Mining ,
HMOs ,
Income Apportionment ,
Insurance Industry ,
Limited Liability Company (LLC) ,
Real Estate Transfers ,
State Tax Tribunals ,
Tax Appeals ,
Tax Commissions ,
Tax Court ,
Transfer Taxes ,
Tribunals
New York City Tribunal Rejects City’s Attempt To Forcibly Combine Bank And Its Mortgage Subsidiary -
The New York City Tax Appeals Tribunal, affirming a determination of the Chief Administrative Law Judge, has held that...more
6/8/2016
/ Administrative Law Judge (ALJ) ,
Audits ,
Banks ,
Bausch & Lomb ,
Driver's License Suspensions ,
False Claims Act (FCA) ,
Joint Tax Returns ,
Judicial Appointments ,
Parent Corporation ,
Property Tax ,
Sales Tax ,
SCOTUS ,
Statute of Limitations ,
Subsidiaries ,
Tax Appeals ,
Tax Exemptions ,
Tax Tribunal
Retroactive Application Of 2010 Statutory Amendment Permitted By Tribunal -
Reversing the decision of an Administrative Law Judge, the New York State Tax Appeals Tribunal has upheld the constitutionality of retroactively...more
5/5/2016
/ Administrative Law Judge (ALJ) ,
Apportionment ,
Corporate Taxes ,
Estate Tax ,
Net Operating Losses ,
Retroactive Application ,
Sales Tax ,
State Budgets ,
State Tax Tribunals ,
Tax Appeals ,
Tax Court ,
Tax Reform