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
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
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
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
Recent unpublished NYC Department of Finance Letter Rulings -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
ALJ holds that Insurance Payments to Captive Insurance Company Are not Deductible -
In Matter of Stewart’s Shops Corp., DTA No. 825745 (N.Y.S. Div. of Tax App., Mar. 10, 2016), a New York State Administrative Law Judge...more
4/5/2016
/ Administrative Law Judge (ALJ) ,
Canada ,
Captive Insurance Company ,
Corporate Taxes ,
Deductibles ,
IRA Rollovers ,
Resale Exemption ,
Retailers ,
Sales & Use Tax ,
Tax Appeals ,
Tax Refunds
TRIAL COURT HOLDS THAT FEES RELATED TO THE NEW YORK HIGHWAY USE TAX ARE UNCONSTITUTIONAL -
In a class action lawsuit, an Albany County trial court held that flat highway use registration and decal fees charged to heavy...more
Tribunal Upholds Personal Liability of LLC Members for Sales Tax -
The New York State Tax Appeals Tribunal has affirmed the determination of an Administrative Law Judge that a member of a limited liability company...more
9/3/2015
/ Continuing Legal Education ,
Excise Tax ,
Foreign Corporations ,
Income Taxes ,
Internet ,
Limited Liability Company (LLC) ,
Mobile Devices ,
Nexus ,
Personal Liability ,
Sales & Use Tax ,
Sales Tax ,
Tax Litigation ,
Telecommunications
Court Of Appeals Affirms Revocation Of Tax Exemption For Public Parking Facilities -
Reversing a decision by the Appellate Division, the Court of Appeals has held in a 5-2 decision that a charitable organization is not...more
8/14/2015
/ Attorney's Fees ,
Capital Markets ,
Charitable Organizations ,
Corporate Taxes ,
Electricity ,
FOIA ,
Investment Funds ,
Mobile Devices ,
New Guidance ,
Nuclear Power ,
Parking Lots ,
Property Tax ,
Remand ,
Renewable Energy ,
Revocation ,
Sales & Use Tax ,
Tax Appeals ,
Tax Court ,
Tax Credits ,
Tax Exemptions ,
Tax Reform ,
Tax Tribunal
In This Issue:
- Important Changes at NYS and NYC Tax Agencies
- Court of Appeals Upholds Constitutionality of Taxing Nonresidents on Gain from S Corporation Stock Sale in Two Separate Decisions
- NYC Tribunal...more
7/15/2015
/ Business Taxes ,
Corporate Taxes ,
Foreign Banks ,
Income Taxes ,
Intangible Property ,
Investment Adviser ,
Limited Liability Company (LLC) ,
Management Fees ,
Real Estate Transfers ,
S-Corporation ,
Sales & Use Tax ,
Shareholders ,
Stocks ,
Tax Appeals ,
Tax Liability
In This Issue:
- State Tribunal Affirms Decision Imposing Sales Tax on Information Services
- Appellate Division Upholds Applicability of Sales Tax to Environmental Testing and Monitoring Services
- Bulk...more
In This Issue:
- Key Proposals in Governor Cuomo’s 2015-16 Executive Budget
- ALJ Holds That Online Reservation Receipts Are Not Sourced to New York
- ALJ Rules Taxpayer Is Not Required to Use NOLs in...more
In This Issue:
- The Top 10 New York Tax Highlights of 2014
- Tribunal Affirms That a Charter Yacht Is Not Exempt from Use Tax as a Commercial Vessel
- Court of Appeals Holds City Transfer Tax Does Not...more
In This Issue:
- ALJ Rejects New York City’s Attempt to Forcibly Combine Bank and Its Non-New York City Mortgage Subsidiary
- Tribunal Amends Decision Upholding Disallowance of Nonresident Partner’s Loss from...more
In This Issue:
- Court Orders Department of Finance to Release Corporate Tax Return Records to City Comptroller
- ALJ Upholds State Tax Department Policy on Personal Liability of LLC Members for Sales...more
11/10/2014
/ Audits ,
Corporate Taxes ,
Film Industry ,
IRS ,
Limited Liability Company (LLC) ,
Movies ,
Personal Liability ,
Sales & Use Tax ,
Statute of Limitations ,
Tax Refunds ,
Tax Returns ,
Television Programming
In This Issue:
- State Tribunal Reverses ALJ and Allows Combined Reporting
- Tribunal Finds Oxygen Cylinders Were Purchased for Resale
- Appellate Court Denies Nassau County Class Action Certification in...more
In This Issue:
- Department of Finance Announces Updated Commercial Rent Tax Audit Policy on Billboards
- ALJ Finds No Hearing Right To Challenge Notice and Demand, and Corporate “President” Is Personally...more