News & Analysis as of

State and Local Government Department of Revenue

Bradley Arant Boult Cummings LLP

Pending U. S. Supreme Court Tax Case Could Affect Multistate Contractors

A case on appeal to the U.S. Supreme Court from the South Dakota Supreme Court should be on your watch list. It involves Ellingson Drainage, Inc., a general contractor headquartered in Minnesota that specializes in installing...more

DarrowEverett LLP

What Florida Sales Tax Cut Means for Florida Commercial Tenants

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Broadly speaking, according to the Florida Department of Revenue, each Florida sale, amusement park admission, storage unit and rental is taxable (unless it falls under an exemption, such as nonprofits). More specifically,...more

Blank Rome LLP

South Carolina Legislature Severely Limits Department’s Ability to Force Companies to File Combined Returns

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Since the South Carolina Supreme Court held in Media General Communications, Inc. v. South Carolina Department of Revenue, 694 S.E.2d 525 (S.C. 2010), that the Department of Revenue (“Department”) had the authority to allow...more

McDermott Will & Emery

Remote Retailers Held Responsible for Tax Collection in Washington

If there’s a lesson to be learned from the Washington Court of Appeals’ recent holding in Orthotic Shop Inc. and S&F Corporation v. Department of Revenue, No. 39321-6-III (Jan. 23, 2024), it’s that the use of a marketplace...more

Rodemer Kane Attorneys at Law

Colorado's Booming Cannabis Industry: A Look at Recent Reforms and Record Clearing

Since its legalization in 2014, Colorado's cannabis industry has experienced unprecedented growth, surpassing $10.5 billion in total sales. The first quarter of 2021 alone saw marijuana sales exceeding $560 million, according...more

Bradley Arant Boult Cummings LLP

Alabama DOR Grants Extension to Make PTE Tax Election for 2022 Tax Year

In 2021, the Alabama Legislature unanimously enacted an elective pass-through entity tax (PTE Tax) as a workaround to the so-called “SALT Cap,” which was part of the Tax Cuts and Jobs Act of 2017. The Alabama Electing...more

Schwabe, Williamson & Wyatt PC

Oregon Department of Revenue Issues Guidance on Tax-Compliance Certificates

On June 16, 2023, the Oregon Department of Revenue (DOR) issued two temporary administrative rules pertaining to the issuance of tax-compliance certificates. OAR 150-305-0304 (the General Rule) is the general...more

Vicente LLP

The Ultimate Guide to SB23-290, Colorado’s Natural Medicine Regulation and Legalization Bill

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Colorado voters approved Proposition 122, the Natural Medicine Health Act (NMHA), in the 2022 general election. On May 2, 2023, the Colorado Legislature passed SB23-290, the formal implementation bill for Proposition 122....more

Bradley Arant Boult Cummings LLP

Do Mississippi’s Medical Cannabis Advertising and Marketing Restrictions Go Too Far?

If you haven’t heard, the patient numbers in Mississippi’s new medical cannabis program are not rising at the pace many hoped they would. This has caused quite a bit of concern across the industry down here. A healthy pool of...more

McDermott Will & Emery

Pennsylvania Cuts Corporate Tax Rate, Makes Other Changes to Corporate Tax Law

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Pennsylvania Governor Tom Wolf has signed into law omnibus tax legislation to implement the Commonwealth’s fiscal year 2022 – 2023 budget. Among other things, the enacted legislation: (1) cuts the corporate net income tax...more

Haynsworth Sinkler Boyd, P.A.

HSB Economic Development Update – January 2022

The HSB Economic Development team published their January 2022 news update, highlighting the following topics: 2022 County Tiers Set for JTCs, Fee in Lieu and Tax Moratorium= Each year, South Carolina's 46 counties are...more

Blank Rome LLP

Words Matter: South Carolina Refund Claim Is Timely, “Even Though” a Previous Protest Was Filed

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The South Carolina Administrative Law Court (“ALC”) recently allowed a challenge to a refund claim denial to proceed, even though a protest had been filed from an assessment for the same set of years, which was paid and no...more

Bradley Arant Boult Cummings LLP

Where Are We On The New Elective PTE Tax Regime?

Earlier this year, Alabama became one of 19 or so states to enact a pass-through entity tax as a workaround to the so-called "SALT Cap" enacted as part of the Tax Cuts and Jobs Act of 2017, which limits the deductibility of...more

Schwabe, Williamson & Wyatt PC

Enactment of SB 164 and Changes to Oregon's Corporate Activity Tax

Although Oregon’s 2021 legislative session turned out to be relatively quiet from a tax perspective, we did experience some changes to Oregon’s Corporate Activity Tax (“CAT”). Those changes were primarily in the form of SB...more

McDermott Will & Emery

Massachusetts DOR Stops Applying COVID-19 Telecommuting Policy

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In a recently issued guidance, the Massachusetts Department of Revenue indicated that the emergency telecommuting rules it put in place during the Massachusetts COVID-19 state of emergency would cease to be in effect as of...more

Bradley Arant Boult Cummings LLP

ADOR Issues Helpful Estimated Tax Guidance on New Elective PTE Tax

Earlier this year, Alabama became one of 19 or so states to enact a pass-through entity tax as a workaround to the so-called “SALT Cap” enacted as part of the Tax Cuts and Jobs Act of 2017 that limits the deductibility of...more

Franczek P.C.

Illinois Dept. of Revenue Releases Final 2020 Cook County Equalization Factor

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Yesterday the Illinois Department of Revenue released the final 2020 Cook County equalization factor.  The factor (sometimes referred to as the multiplier) for 2020 is 3.2234.  The final factor in 2019 was 2.9160, which means...more

Lowndes

Property Buyer Beware: Avoid Costly Tax Liabilities with a Sales Tax Clearance Letter

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Florida imposes sales tax on rent payable under commercial leases. The rate imposed by the state is 5.5%, but local governments have the right to impose a surtax which varies based on the jurisdiction....more

McDermott Will & Emery

Massachusetts Supreme Judicial Court Approves Sales Tax Apportionment for Software

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On May 21, 2021, the Massachusetts Supreme Judicial Court issued a decision affirming the Massachusetts Tax Appeal Board’s decision in favor of Microsoft and Oracle, ruling that the companies may apportion sales tax to other...more

Burr & Forman

Cigarette “Buydown” Payments to Retailers Excluded from South Carolina Sales Taxes

Burr & Forman on

Tobacco manufacturers and distributors have long made refund/rebate payments to retailers for the retailer’s purchase of cigarettes and other tobacco products from the manufacturer, provided the retailer reduces the price of...more

Bradley Arant Boult Cummings LLP

ADOR Issues Guidance on New PTE Tax Election and Consequences of Decoupling from GILTI and IRC §118(b)(2)

At the urging of the Alabama Society of CPAs and other groups, the Alabama Department of Revenue (ADOR) recently issued preliminary guidance on (a) how the new pass-through entity (PTE) tax election interacts with the...more

Foley Hoag LLP - Energy & Climate Counsel

Massachusetts Wind, Solar, Energy Storage and Fuel Cell Property Tax Reform Enacted as Part of Climate Bill

Following up on our prior post on this topic here, now Governor Baker has signed the comprehensive climate law passed by the legislature... Now, as a session law, Chapter 8 of the Acts of 2021 implements, without...more

Eversheds Sutherland (US) LLP

Georgia’s 2021 Sine Die - Thoughtful policy mixed with last minute surprises and everything in-between

During the 2021 legislative session, the Georgia General Assembly passed key legislation, including conformity to the federal tax law, the elimination of deference to subregulatory interpretations of the Department of...more

Lowndes

Hillsborough County Commercial Lease Sales Tax Rate Reduced by Recent Florida Supreme Court Decision

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A recent Florida Supreme Court decision found that the Hillsborough County 1% transportation sales surtax is unconstitutional. As a result, the decision reduced the sales tax rate on commercial lease payments in Hillsborough...more

Foley & Lardner LLP

Don’t Leave Money on the Table: Beating the Louisiana Department of Revenue at its own Game

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Tax season is well underway, and after a tumultuous year in 2020, businesses may be looking to save money any way they can. Last year presented a different, though equally difficult, set of challenges for state and local...more

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