Welcome to the latest issue of New York Tax Insights. In this issue we cover:
Decisions from both the Appellate Division and the NYS Tax Appeals Tribunal holding it was unconstitutional to apply the April 2009 QEZE...more
Welcome to the latest issue of New York Tax Insights. In this issue we cover:
• Our annual review of the developments we considered the Top 10 New York tax highlights in the past year (on page 1).
•Three separate ALJ...more
FEDERAL JUDGE DISMISSES NEW YORK STATE LAWSUIT CHALLENGING $10,000 SALT DEDUCTION CAP -
A federal district court judge has dismissed a suit brought by New York State (together with Connecticut, New Jersey, and Maryland)...more
Welcome to the latest issue of New York Tax Insights. In this issue we cover:
..A recent ALJ decision holding that a vacation home owned by a New Jersey domiciliary and located in upstate New York, hundreds of miles from...more
TRIBUNAL AFFIRMS DECISION SOURCING “OTHER BUSINESS RECEIPTS” TO WHERE THE WORK WAS PERFORMED -
After three non-precedential Administrative Law Judge decisions—and well after the statute in question has been replaced by new...more
Welcome to the latest issue of New York Tax Insights. In this issue we cover:
..The New York State Department of Taxation and Finance’s release of revisions to its draft business corporate franchise tax regulations for...more
8/6/2019
/ Administrative Law Judge (ALJ) ,
Apportionment ,
Business Taxes ,
Corporate Taxes ,
Domicile ,
Franchise Taxes ,
Income Taxes ,
Local Taxes ,
Sales & Use Tax ,
State Taxes ,
Tax Reform ,
Tax Tribunal
NEW YORK’S HIGHEST COURT UPHOLDS SALES TAX ON INFORMATION SERVICES AND INTERPRETS TAX EXCLUSION IN FAVOR OF DEPARTMENT -
Reversing a decision of the Appellate Division, a sharply divided New York Court of Appeals has upheld...more
Welcome to the latest issue of New York Tax Insights. In this issue we cover:
..A Third Department decision denying deductibility of insurance premiums paid to a captive insurance company, upholding the decision of the New...more
2019-20 NYS BUDGET ENACTED, INCLUDING REAL ESTATE TRANSFER TAX INCREASES -
On April 12, 2019, Governor Andrew M. Cuomo signed into law the New York State Budget Bill for the State’s 2019-20 fiscal year, which began on April...more
5/8/2019
/ Constitutional Challenges ,
Corporate Taxes ,
Income Taxes ,
Local Taxes ,
Popular ,
Real Estate Market ,
Real Estate Transfers ,
Sales Tax ,
State Taxes ,
Tax Rates ,
Tax Tribunal ,
Transfer Taxes
NEW YORK STATE 2019-20 BUDGET BILL ENACTED -
As we went to press, the New York State Legislature passed the New York State Budget Bill for 2019-20, containing several new and important tax provisions. S. 1509-C/A. 2009-C....more
NYC ALJ UPHOLDS TAX ON CAPITAL GAIN BASED ON NYC PRESENCE OF INVESTMENT THAT WAS SOLD -
A New York City Administrative Law Judge has upheld the Department of Finance’s imposition of General Corporation Tax (“GCT”) on a...more
GOVERNOR RELEASES PROPOSED 2019-20 NEW YORK STATE EXECUTIVE BUDGET -
On January 15, 2019, New York State Governor Andrew M. Cuomo released the New York State 2019-20 Executive Budget, applicable to the State’s fiscal year...more
THE TOP 10 NEW YORK TAX HIGHLIGHTS OF 2018 -
Once again, we present our annual list of what we considered the Top 10 New York tax highlights of 2018.
1. Court of Appeals Agrees to Hear Tax Department’s Appeal Involving...more
The Tax Court of New Jersey released a published decision in ADP Vehicle Registration, Inc. v. Director, Division of Taxation on December 11, 2018. The Tax Court’s precedential decision rejected New Jersey’s attempts to...more
A SECOND APPELLATE COURT UPHOLDS THE CONSTITUTIONALITY OF NEW YORK’S STATUTORY RESIDENCY SCHEME -
The New York Appellate Division, Third Department, has upheld the dismissal of a declaratory judgment action brought by...more
NYS TRIBUNAL REVERSES ALJ AND HOLDS THAT BOND RATING AGENCY IS ENTITLED TO REFUND OF SALES TAX -
The New York State Tax Appeals Tribunal reversed the determination of an Administrative Law Judge and held that a securities...more
STATE COURT REFUSES TO DISMISS ACTION CHALLENGING CONSTITUTIONALITY OF NYC PROPERTY TAX SYSTEM -
The Supreme Court, New York County, has denied motions to dismiss an action seeking relief for alleged inequalities in the...more
APPELLATE COURT REVERSES TRIBUNAL AND GRANTS QEZE PROPERTY TAX CREDITS -
The Appellate Division, Third Department, has reversed a decision of the New York State Tax Appeals Tribunal that had denied a refund of personal...more
APPELLATE COURT DISMISSES CONSTITUTIONAL CHALLENGE TO NEW YORK’S STATUTORY RESIDENCY SCHEME -
The New York Appellate Division, First Department, finding that the U.S. Supreme Court’s 2015 decision in Comptroller of the...more
APPELLATE DIVISION HOLDS THAT BANK MUST APPLY NOLS IN YEAR IT WAS TAXED ON NON-INCOME BASE -
The Appellate Division has held that a taxpayer was required to use its net operating loss (“NOL”) carryforward to decrease its...more
The New York Appellate Division, First Department held that the U.S. Supreme Court’s 2015 decision in Comptroller v. Wynne does not render New York’s statutory residency scheme unconstitutional and upheld the dismissal of the...more
DRAFT BILL RELEASED IMPLEMENTING A NEW YORK STATE UNINCORPORATED BUSINESS TAX -
The New York State Department of Taxation and Finance has released a “discussion draft” of a bill that would implement a New York State...more
CONTRACT MANUFACTURING AND MASSACHUSETTS: OUT-OF-STATE BUSINESSES BEWARE -
In Massachusetts, the concept of manufacturing has evolved. Smoke stacks and assembly lines, once common in the Commonwealth, continue to...more
CITY UTILITY TAX NOT APPLICABLE TO FIXED CHARGES RELATED TO LONG-DISTANCE TELEPHONE SERVICES -
The New York City Tax Appeals Tribunal upheld an Administrative Law Judge determination that income from fixed charges that...more
TRIBUNAL REMANDS $100 MILLION SALES TAX REFUND CASE TO ALJ -
After the New York State Appellate Division reversed the Tax Appeals Tribunal’s earlier decision denying a sales tax refund of over $100 million, the Tax...more