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States Urge Reversal of Physical Presence Rule That Bars Collecting Sales Tax From Online Retailers

by Bryan Cave on

Thirty-six state attorneys general, most recently joined by California and Hawaii, have filed an amici curiae brief urging the U.S. Supreme Court to reconsider the “physical presence test”. The test requires that a retailer...more

UPDATE: MTC Extends Deadline for Amnesty under the Online Marketplace Seller Voluntary Disclosure Initiative

by M. Robinson & Company, P.C. on

Earlier today, the Multistate Tax Commission (MTC) released an update extending the October 17, 2017 deadline for businesses to file under its Online Marketplace Seller Voluntary Disclosure Initiative. The new deadline is now...more

Sales Tax for Online Sales: Is It Time for a Change?

by Robins Kaplan LLP on

Online sales tax is one of many tax-related issues that Congress is currently considering. (Stick with us, this shouldn’t be too boring.) Under the 1992 U.S. Supreme Court decision of Quill v. North Dakota (504 U.S. 298), an...more

23 States Join the Multistate Tax Commission Amnesty Ending on October 17, 2017: “Fulfillment by Amazon” Companies Targeted

This article provides practitioners with a practical overview of (1) the changing law of nexus; (2) the Multistate Tax Commission Amnesty Program ending on October 17, 2017; and (3) on-going state voluntary disclosure...more

For Vendors Making Internet Sales to Massachusetts Customers-A New Proposed Regulation Expands the Definition of Tax Nexus

A new regulation in Massachusetts, 830 CMR 64H.1.7, will expand the definition of tax nexus for out-of-state vendors making internet sales to Massachusetts customers. The regulation will become effective on October 1, 2017....more

Limited-Time Tax Amnesty for Marketplace Sellers

The Multistate Tax Commission (“MTC”) has implemented a limited-time voluntary disclosure initiative for online marketplace sellers (the “VDI”). The VDI creates an opportunity in many states to have a retailer’s historic...more

Washington State Imposes New Reporting Requirements for Out-Of-State Sellers Not Collecting Sales Tax

by Stoel Rives LLP on

As part of Washington State’s efforts to collect more sales tax on out-of-state companies’ sales to Washington customers, the Legislature recently enacted H.B. 2163. The bill, signed by the Governor on July 7, imposes notice...more

US: Amazon wins tax dispute over cross-border IP transfer, but favorable tax treatment may no longer be available

by Hogan Lovells on

Earlier this year in Amazon v. Commissioner, 148 T.C. No. 8 (March 23, 2017), the U.S. Tax Court issued a 207-page decision largely upholding Amazon’s tax treatment of an intellectual property transfer in 2005 and 2006 from...more

Massachusetts Requires Remote Sellers to Collect Sales Tax Beginning July 1, 2017

by WilmerHale on

The Massachusetts Department of Revenue (DOR) recently issued guidance under which it will require the collection of Massachusetts sales and use taxes by remote sellers that meet certain sales thresholds in Massachusetts....more

Law à la Mode: Special Edition - INTA 2017

by DLA Piper on

The Belgian editorial team is delighted to bring you this special edition of Law a` la Mode, marking the 139th INTA Annual Meeting in Barcelona. Just some of the focuses for this special edition include the dangers of...more

MoFo New York Tax Insights - Volume 8, Issue 5

by Morrison & Foerster LLP on

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

To Tax or Not to Tax Internet Retailers, that is the Question

by Goulston & Storrs PC on

Since the dawn of the age of e-commerce, brick-and-mortar retailers have championed “the level playing field”. Their battle cry: Internet retailers should be subject to sales tax just like us!...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Former AIG chief Hank Greenberg and his co-defendant, AIG’s former CFO, reached an “unexpected” settlement last week with NY officials. The duo will fork over about $10 million in bonuses payments and admit that they...more

TTB Changes Under the Fall Edition of the Unified Agenda

by McDermott Will & Emery on

On December 23rd, 2016 the federal government published its Fall edition of the “Unified Agenda” – a bi-annual compilation of all ongoing federal rulemaking projects. Attached is a copy of the TTB detail from this latest...more

Law à la Mode: Brexit and the fashion industry; US Tariff Act; Hong Kong real estate; and more - Issue 21

by DLA Piper on

The Australian editorial team is delighted to bring you the 21st edition of Law à la Mode, the legal magazine produced by DLA Piper’s Fashion, Retail and Design Group for distribution to clients and contacts of the firm...more

Pennsylvania Enacts Tax Bill as Part of Budget Package

by Reed Smith on

Pennsylvania has enacted tax law changes projected to generate $752M in new revenue. The changes include severe restrictions on the vendor sales tax discount for timely filing, imposition of sales tax on digital downloads and...more

Oklahoma Retail Protection Act of 2016: New Oklahoma Sales Tax Law on Internet Sales

by GableGotwals on

Internet sales to Oklahomans will now be subject to new sales tax requirements. HB 2531, entitled the “Oklahoma Retail Protection Act of 2016” (the “Act”), enacted May 17, 2016, becomes effective November 1, 2016....more

Florida Sales Taxes on Internet Sales Outside of Florida [Florida]

by Charles (Chuck) Rubin on

Question: A Florida corporation, with a physical location and principal address in Florida, sells flowers, gift baskets, and other items of tangible personal property over the Internet. The company does not maintain any...more

How Smartphones, Showrooming Impact Property Taxes and More

by Womble Bond Dickinson on

The battle between physical stores and online retail rages on, but the recent explosion in smartphone usage is blurring the battle lines. Using smartphones, consumers in a store now can simultaneously shop and compare pricing...more

New Legislation Clarifies Property Taxation of Outdoor Billboards

by McNair Law Firm, P.A. on

The South Carolina General Assembly has clarified how outdoor advertising signs (i.e. billboards) are taxed in the state for property tax purposes. The new law amends South Carolina Code Section 12-43-230, and applies to...more

Spotlight on Tennessee: Forced Franchise/Excise Tax Variance Upheld by Supreme Court

by Baker Donelson on

On March 23, 2016, the Tennessee Supreme Court issued its much-awaited decision in the case of Vodafone Americas Holdings, Inc. et al. vs. Tennessee Commissioner of Revenue....more

Clampdown on VAT avoidance on sales of goods through online marketplaces

by DLA Piper on

The Chancellor has announced a package of measures to give HMRC stronger powers to collect VAT from overseas businesses who sell goods online to UK customers. Failure to pay VAT in these circumstances is estimated to have...more

Taxing The Deal: State And Local Tax Issues In Telecom M&A Transactions

by Kelley Drye & Warren LLP on

The acquisition of a telecommunications service provider or a cloud-based service provider raises unique state and local tax issues that do not arise in connection with the acquisition of other businesses. Telecom and...more

California Supreme Court Denies BOE Petition for Review in Lucent Technologies

by McDermott Will & Emery on

Last week, the California Supreme Court denied the State Board of Equalization’s (BOE’s) petition for review in Lucent Technologies, Inc. v. State Bd. of Equalization, No. S230657 (petition for review denied Jan. 20, 2016)....more

IP, IT and mass communications. Major Russian Legislation Changes for 2015 - Our traditional overview of the most important...

by Dentons on

New songs on the main - Most of 2015 was spent anticipating the entry into force of RF Federal Law ? 242-FZ dated 21.07.2014 “On the Amendment of Certain Legislative Acts of the Russian Federation Clarifying the...more

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