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Supreme Court of Ohio Provides Sales Tax Guidance on Employment Services

The Supreme Court of Ohio issued a decision in Accel Inc. v. Testa, in which it determined that some of a taxpayer’s purchases of employment services were not subject to Ohio sales tax, because those purchases fell within an...more

NJ Tax Court: Extraterritorial Income Not Subject to Corporation Business Tax

In a decision released today, the New Jersey Tax Court determined in Infosys Limited of India Inc. that a foreign corporation was not subject to New Jersey corporation business tax (“CBT”) on its income from sources outside...more

NJ Tax Court Issues Ruling on Sales Tax Sourcing

On November 16, 2017, the Tax Court of New Jersey issued a ruling in Spirit Halloween Superstores, Inc. v. Director, Division of Taxation, concerning the sourcing of sales of tangible personal property for sales tax purposes....more

Ohio Department of Taxation Issues New Sales and Use Tax Economic Nexus Information Releases

On October 20, the Ohio Department of Taxation (the “Department”) issued an information release (“ST 2017–02”) explaining Ohio’s standard for “software” and “network” nexus for sales and use tax, which will take effect...more

New Jersey Update: Reed Smith Wins Toyota Credit Case at Appellate Division

Today, in a corporation business tax case handled by Reed Smith, the Appellate Division affirmed a 2014 Tax Court decision finding that Toyota Motor Credit Corporation (“Toyota Credit”) was entitled to recompute its tax by...more

New Jersey Tax Court: Limited Partner has Nexus with New Jersey

In a decision released today, the Tax Court of New Jersey ruled in Preserve II, Inc. v. Division of Taxation that a limited partner’s interest in a partnership doing business in New Jersey created nexus for corporation...more

Unclaimed Property Update: Did You Report Unclaimed Store Credits to New Jersey at Full Value? You Might Be Entitled to a Refund.

The New Jersey Appellate Division recently ordered New Jersey to refund more than $1 million to Bed Bath & Beyond for over-reporting store credits redeemable for merchandise to the state’s Unclaimed Property Administration...more

NJ Guidance on State Tax Addback: Refund Opportunity for Taxpayers Adding Back Capital Stock or Bank Taxes

For purposes of computing New Jersey corporation business tax, the statute requires a taxpayer to add back any taxes paid to other states on or measured by profits or income, or business presence or activity. Yesterday, the...more

File Federal Change with New Jersey? Apportionment Factor Must Also be Changed—Even if Statute of Limitations Otherwise Closed

On February 22, 2017, the Tax Court issued its decision in General Foods Credit Investors # 3 Corporation v. Director. The primary issue involved whether certain sale-leaseback assets belonged in the taxpayer’s property...more

2/27/2017  /  IRS , State Taxes , Tax Court

MTC Proposed Apportionment Regulations Pass By Special Vote: Here’s What You Should Know

Today, the Multistate Tax Commission (“MTC”) held a special meeting where the whole Commission (a group of member states) voted to approve model apportionment regulations, including provisions concerning market...more

NJ Tax Court: Throwout Doesn’t Apply to P.L. 86-272 Receipts

The New Jersey Tax Court issued its decision today in Elan Pharmaceuticals, Inc., ruling that the Division of Taxation had improperly excluded receipts sourced to states in which the taxpayer was immune from income tax from...more

New Jersey Tax Court Clarifies Sales Tax on Software

The New Jersey Tax Court recently issued a decision concluding that pre-written software sold on tangible media was tangible personal property for New Jersey sales tax purposes. Notwithstanding this decision, most business...more

Supreme Court of Ohio Sustains Factor-Presence Nexus for Some, But Opens Door for Apportionment of CAT Receipts for All

Yesterday, the Supreme Court of Ohio upheld the Ohio Commercial Activity Tax’s (“CAT”) $500,000 factor-presence nexus test in the face of a Commerce Clause challenge. Specifically, in Crutchfield Corp. v. Testa, the court...more

New Jersey Reverses Tax Policy on Petroleum-Based Consumer Products

If you sold petroleum-based consumer products into New Jersey and paid petroleum products gross receipts tax, you have a refund opportunity. The New Jersey Division of Taxation’s long-standing position is that...more

Supreme Court of Ohio Decision Provides a Cautionary Tale for Taxpayers, and Highlights Opportunities for Future Statutory...

In a Commercial Activity Tax (“CAT”) case involving several interesting procedural issues, the Supreme Court of Ohio yesterday reversed a Board of Tax Appeals (“BTA”) decision and held that the tax commissioner’s adjustments...more

NJ Tax Court: Despite Place-of-Performance Statute, Market Sourcing Applies to Services

On October 11, 2016, the New Jersey Tax Court published its long-awaited decision concerning the sourcing of interest and other fees related to credit card transactions. The court ruled against the taxpayers and held that...more

MTC Annual Meeting Update: Market-Sourcing Regulations Presented to Executive Committee

On July 28, the Multistate Tax Commission (“MTC”) held its Executive Committee Meeting. The Executive Committee voted to accept the Uniformity Committee’s recommendations for a taxpayer’s prospective change in its method of...more

MTC Annual Meeting Update: MTC Approves Model Sales and Use Tax Nexus Statute

The Multistate Tax Commission (“MTC”) held its Annual Commission Meeting on July 27, 2016. Of note, the MTC voted to adopt the Model Sales and Use Tax Nexus Statute. In addition, the Arm’s-Length Adjustment Service Committee...more

N.J. Legislature Changes BEIP Credit Conversion Terms Before July 11 Deadline

The N.J. Legislature has passed legislation that provides yet another variable for companies to consider before deciding whether to convert unpaid Business Employment Incentive Program (“BEIP”) grants into credits. Under...more

NJ Combined Reporting Update–Bill Continues Through Senate

Combined-reporting legislation continues to make its way through New Jersey’s Senate. Taxpayers should closely follow developments concerning this legislation to determine the impact on their companies. In January, we...more

Delaware Asks U.S. Supreme Court to Decide Escheat Dispute Between States

On May 26, 2016, Delaware filed a motion with the United States Supreme Court requesting leave to file a bill of complaint against other states regarding escheatment of uncashed “official checks.” Specifically, Delaware...more

Supreme Court of Ohio Hears Oral Argument in Crucial Case for Factor-Presence Nexus

The Supreme Court of Ohio heard oral argument in a case involving the Ohio Commercial Activity Tax (the “CAT”)—which provides that taxpayers have nexus with Ohio and are subject to tax if they have at least $500,000 of annual...more

NJ Tax Court Denies Interest Addback Exception - Does Your Company Still Qualify?

In a decision published April 26, 2016, the New Jersey Tax Court in Kraft Foods Global Inc. v. Director, Div. of Taxation ruled that a taxpayer couldn’t deduct interest paid to its corporate parent. The taxpayer’s...more

July 11 Deadline to Convert Unpaid N.J. BEIP Grant to Tax Credits

Under New Jersey’s Business Employment Incentive Program, approved businesses that created jobs in New Jersey were awarded annual cash grants. Nearly 500 businesses were awarded grants valued at $1.6 billion. Unfortunately,...more

New Jersey Appellate Court Issues Throwout Ruling

In a decision issued this morning, a New Jersey appellate court ruled that the throwout rule does not apply to intangible holding companies. New Jersey courts have not been kind to the throwout rule. When it was first adopted...more

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