News & Analysis as of

Gross Receipts

Miles & Stockbridge P.C.

Recent Developments on the Virginia Business Professional and Occupational License (BPOL) Tax

The Virginia Business Professional and Occupational License (BPOL) is a local level tax levied on businesses’ gross receipts. Rates typically range from $0.03 to $0.58 per $100 of gross receipts, depending on the locality and...more

Potomac Law Group, PLLC

DBE Companies Do Not Need to Recertify or Reapply Every Year

Preliminary Note: On Tuesday, April 9, 2024, the United States Department of Transportation issued a final rule that modernized the Disadvantaged Business Enterprise (DBE) program and the Airport Concessions DBE (ACDBE)...more

Eversheds Sutherland (US) LLP

Proposal to reform San Francisco gross receipts tax

On May 6, 2024, the San Francisco Controller and Treasurer released their proposed final tax reform ordinance language. To become effective, San Francisco voters will have to pass a measure on the November 5, 2024 ballot by a...more

Dorsey & Whitney LLP

The SEC Issues Marketing Rule FAQ on Calculating Gross and Net Performance

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The staff (“Staff”) of the SEC’s Division of Investment Management recently issued a new FAQ (the “FAQ”) on Rule 206(4)-1 (the “Marketing Rule”) under the Investment Advisers Act of 1940 in which the Staff confirmed that the...more

Eversheds Sutherland (US) LLP

Better than a box of chocolates: Foreign dividends included in California sales factor denominator

On February 14, 2024, the California Office of Tax Appeals (OTA) denied the California Franchise Tax Board’s (FTB) request for rehearing in the Appeal of Microsoft Corporation and Subsidiaries (OTA Case No. 21037336)....more

Eversheds Sutherland (US) LLP

Reforming San Francisco’s gross receipts tax

On February 5, 2024, the Offices of the Controller and Treasurer & Tax Collector for the City and County of San Francisco published a report outlining tax reform recommendations in time to inform a potential ballot measure...more

Rumberger | Kirk

Protecting Your Business From Widespread ERC Scams

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Misinformation and widespread scams have created pitfalls for businesses regarding the employee retention credit - The Employee Retention Credit (ERC) has been one of the most discussed tax topics of 2023. Although...more

Pillsbury - SeeSalt Blog

Maine Expressly Requires Express Scripts to Apportion Services Receipts Using a Look-Through Approach

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On November 7, 2023, the Supreme Judicial Court of Maine held a taxpayer’s receipts from the performance of pharmacy benefit management (PBM) services should be apportioned using a look-through approach.  Specifically, the...more

Venable LLP

Federal Court Potentially Upends Small Business Administration's Method for Calculating Contractors' Annual Receipts in...

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On May 18, 2023, the U.S. District Court for the District of Columbia (DDC) issued a decision with significant potential consequences for federal contractors and the U.S. Small Business Administration (SBA). ...more

Holland & Knight LLP

Ohio Supreme Court Rules for NASCAR Holdings Inc. Over Broadcast and Media Revenue Sourcing

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The Ohio Supreme Court ruled in favor of NASCAR Holdings Inc. (NASCAR Holdings Inc. v. McClain, Slip Opinion No. 2022-Ohio-4131) in a recent decision that directly impacts the methodology for sourcing receipts from licensing...more

Akerman LLP - SALT Insights

Sirius XM Prevails in Texas Supreme Court on Sourcing of Receipts from Satellite Signal

In a recently issued taxpayer-favorable opinion, the Texas Supreme Court overturned the court of appeals’ decision holding that the state’s performance-based sourcing statute for service receipts essentially looks to customer...more

Eversheds Sutherland (US) LLP

Just when you thought you were out: The Maryland Comptroller drops proposed sourcing reg for the digital ad tax 

On August 31, 2021, the Maryland Comptroller filed proposed regulations on the controversial digital advertising gross revenues tax (the DAT) with the Joint Committee on Administrative, Executive, and Legislative Review. Of...more

Nutter McClennen & Fish LLP

Employee Retention Tax Credits: Additional Guidance for Economically Challenged Businesses

The IRS issued Notice 2021-49 (the “Notice”) on August 4, 2021 to provide additional guidance on the Employee Retention Tax Credit (“ERTC”) applicable to the third and fourth quarters of 2021....more

Downs Rachlin Martin PLLC

Restaurant Revitalization Fund Grants for Breweries and Brewpubs

Over the last three weeks, the Small Business Administration (SBA) has posted in its Knowledge Base responses to many questions (i) about the Restaurant Revitalization Fund (RRF) Grant Program (“Program Questions”) and...more

Hinshaw & Culbertson LLP

Restaurant Revitalization Grant Program Provides Grants to a Wide Range of Eligible Entities

President Biden signed into law the American Rescue Plan Act of 2021 (ARP Act) on March 11, 2021. The $1.9 trillion economic recovery package revised the Paycheck Protection Program (PPP) and the Shuttered Venue Operator...more

Eversheds Sutherland (US) LLP

Connecticut proposes digital advertising services tax and employee-elective wage compensation tax on employers

On April 14, 2021, the Connecticut General Assembly’s Joint Committee on Finance Revenue and Bonding introduced SB1106. The bill would establish the “Connecticut Equitable Investment Fund,” which would be funded by, among...more

ArentFox Schiff

Happy Birthday, Employee Retention Tax Credit: Congress’s Gift to Cash-Strapped Employers Extended Through December 31

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The Employee Retention Tax Credit (“ERTC”) has been expanded and extended further, providing relief to small and large employers affected by COVID-19 business disruptions. As we approach the one-year anniversary of its...more

Whitman Legal Solutions, LLC

Corporate Transparency Act–What Real Estate Sponsors and Investors Should Do Now to Prepare

Businesses facing a new law or regulation are like orchestra musicians. Most businesses will plan ahead so they can comply with new legal requirements on the law’s effective date. However, some laws are general and...more

Williams Mullen

Are PPP Loan Proceeds Gross Receipts for the Purposes of BPOL?

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The Virginia Department of Taxation has issued a ruling that addresses the question “does the receipt of a PPP loan and its possible forgiveness constitute gross receipts for purposes of the Business, Professional, and...more

BakerHostetler

[Podcast] Deep in the Heart of Updated Texas Franchise Tax Sourcing Rules

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In mid-January, the Texas Comptroller issued controversial amendments to its franchise (margin) tax apportionment sourcing rules. Are the rules an administrative drift towards market-based sourcing? Matt Hunsaker breaks down...more

Cooley LLP

Alert: SBA Defines ‘Gross Receipts’ for Second Draw PPP Loans

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On January 6, 2021, the Small Business Administration (SBA) issued two interim final rules related to Paycheck Protection Program (PPP) loans under the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act. In...more

Eversheds Sutherland (US) LLP

IRS provides welcome flexibility and clarification in final small business tax accounting regulations

On Wednesday, December 23, Treasury and the IRS released final regulations under sections 263A, 448, 460, and 471 of the Internal Revenue Code (Code) to implement statutory changes made by the Tax Cuts and Jobs Act (the...more

Jones Day

Overpaid Executive Gross Receipts Tax Approved in San Francisco

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The new tax takes effect on January 1, 2022, and will be imposed on businesses in which the highest-paid executive’s total compensation is more than 100 times the median San Francisco-based employee compensation. San...more

Proskauer - Tax Talks

Coronavirus: Comparing the Tax Proposals in the HEALS and HEROES Acts

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On July 27, 2020, Senate Republicans introduced a series of bills and proposals that have been collectively referred to as the “Health, Economic Assistance, Liability Protection and Schools Act” (the “HEALS Act”). The HEALS...more

Lewitt Hackman

What Documents Can I Destroy While Sheltering at Home?

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The following are intended to be helpful tips to assist you in clearing some clutter while we have some time at home....more

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