State & Local Tax Alert: Recent Developments in the State Taxation of Pass-Through Entities

Bradley Arant Boult Cummings LLP

In This Issue:

- Nonresident Owner Nexus

- Apportionment of Multistate Income

- Entity-Level Income Tax Withholding

- Composite Returns

- Entity-Level Taxes

- Issues Unique to S Corporations

- Miscellaneous Issues: P. 19-23

- Excerpt from Nonresident Owner Nexus:

Chief Administrative Law Judge Bill Thompson of the Alabama Department of Revenue upheld the imposition of the state’s mandatory composite income tax on an Alabama LLC owned in part by a nonresident who resided abroad. In his ruling, Judge Thompson reasoned that it was irrelevant whether the state had jurisdiction over the nonresident member , who lived in Greece, because the statutory composite filing/payment requirement was imposed on the LLC, which clearly had a sufficient nexus with the state to permit Alabama to enforce collection of the tax through the composite filing.

Please see full report below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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