State & Local

  • March 14, 2024

    IRS' Signals On Economic Substance Doctrine Draw Scrutiny

    The Internal Revenue Service's recent legal success asserting a doctrine to invalidate transactions in tax law enforcement matters may embolden the government to broaden that argument's reach, and lawyers are concerned it doesn't properly apply to transfer pricing matters.

  • March 14, 2024

    Ore. Skateboard Church Denied Tax Break Over Late Purchase

    A tax-exempt Oregon church serving Portland skateboarders is not entitled to a property tax exemption because it did not own its property before the statutory deadline for commencing its charitable activities, the Oregon Tax Court has decided.

  • March 14, 2024

    Calif. Bill Would Add Candy Tax To Sweeten Child Tax Credit

    California would impose a sales and use tax on candy and put the revenue in the general fund to offset the cost of raising the age of the child tax credit if a constitutional amendment was passed under a proposal introduced in the Assembly.

  • March 14, 2024

    Colo. Senate OKs Tax Credits For Gifts Through Intermediaries

    Colorado would allow tax credits for charitable contributions made through qualified intermediaries instead of directly to a recipient organization under legislation approved by the state Senate.

  • March 14, 2024

    Trump Hush Money 'Half Mary': Blame The Lawyers, Sort Of

    Donald Trump's informal advice-of-counsel defense in the criminal hush money case in New York is a potentially risky, long-shot attempt at "having it both ways" by blaming his lawyers without having to testify or divulge details of their relationship, experts say.

  • March 13, 2024

    Disney, IBM Seeking Tax Loophole, NY High Court Judge Says

    Disney and IBM's attempt to take New York tax deductions on royalties received from foreign affiliates is "the biggest loophole" that could be created under a former tax statute, a New York high court judge said Wednesday during oral arguments in disputes involving both companies.

  • March 13, 2024

    Mich. Justices Open To Counties' Foreclosure Liability Fears

    Two members of the Michigan Supreme Court seemed sympathetic to Michigan counties urging the court to limit their liability for holding onto surplus tax foreclosure proceeds, highlighting during oral arguments that counties were following state law in a practice that was later deemed unconstitutional.

  • March 13, 2024

    Colo. Fees Are Really Taxes, Conservative Group Tells Judge

    Colorado's upcoming fees on retail deliveries, short-term vehicle rentals and ride-hailing services violate the state Taxpayer's Bill of Rights and other provisions in state law, a conservative group has told a state judge in seeking a trial.

  • March 13, 2024

    Alaska Revenue Projections Up $58M For 2024

    The Alaska Department of Revenue announced Wednesday that it was increasing its unrestricted general fund revenue forecast for 2024 by $58 million, and its forecast for 2025 by $140 million.

  • March 13, 2024

    Wash. Assessor Was Wrong To Deny COVID Relief, Hotels Say

    A business group representing Washington hotels told a state court that a county assessor erred when he refused to lower the 2020 property assessments for hotels in the area due to financial losses stemming from the coronavirus pandemic.

  • March 13, 2024

    Longtime Stradley Ronon Tax Partner Joins Grant Thornton

    Following more than a quarter-century practicing law with Stradley Ronon Stevens & Young LLP, longtime tax attorney Chris Scarpa decided to change career paths, joining accounting firm Grant Thornton LLP.

  • March 13, 2024

    Wis. Lawmakers OK Tax Exemption For Metal Bullion

    Wisconsin would exempt coins, bars, rounds or sheets that contain a certain percentage of precious metals, such as gold or silver, from the state's sales tax as part of a bill passed by lawmakers that next goes to the state's governor.

  • March 13, 2024

    Ore. Tax Court Restores Property Value To Local Assessment

    Neither the owner of a residential riverfront property in Oregon nor a county assessor showed enough evidence to change the county's $72,000 valuation, the Oregon Tax Court has ruled, rejecting the higher value found by the court's magistrate division.

  • March 13, 2024

    San Francisco Voters Pass Residential Conversion Tax Break

    San Francisco voters have passed a ballot measure that will exempt up to 5 million square feet of residential conversions from real estate transfer taxes — a measure that Mayor London Breed predicted would spur housing production and reduce downtown office vacancy rates.

  • March 13, 2024

    Wis. Senate OKs Reining In Veto Power On Appropriation Bills

    Wisconsin would limit the governor's veto power on appropriation bills, preventing the use of a partial veto in a way that would increase taxes or fees, as part of a joint resolution passed by lawmakers.

  • March 12, 2024

    Trump Floats Quasi-Advice Of Counsel Defense For NY Trial

    Donald Trump's attorneys told a New York judge they will argue that he lacked intent to commit the felonies alleged in his hush money case because the former president knew he had attorneys involved in the payoffs to women during his 2016 election campaign, but that it's not quite an advice-of-counsel defense.

  • March 12, 2024

    Ohio Revenue Through Feb. Down $375M From Estimates

    Ohio's general revenue fund receipts from July through February were $375 million lower than budget forecasts, according to a monthly report by the state's Office of Budget and Management.

  • March 12, 2024

    NY Lawmakers Float Income Tax Increases On High Earners

    New York lawmakers proposed temporarily increasing income tax rates on individuals and corporations with more than $5 million of income in budget proposals the chambers released Tuesday, rebuking Gov. Kathy Hochul's pledge not to raise taxes that could drive high earners outside the state.

  • March 12, 2024

    Pike Test Could Solve Ill. Remote Seller Suit, Official Says

    A little-used constitutional test could solve the issue of whether Illinois' policy of requiring retailers to base their sourcing methods on whether they are in-state or remote is unconstitutional, a Multistate Tax Commission official said Tuesday.

  • March 12, 2024

    Fla. Revenue Collection $74M Above Estimates

    Florida's general revenue collection from July through January was $74 million higher than forecast, according to a monthly revenue report by the state's Office of Economic and Demographic Research.

  • March 12, 2024

    Md. Lowers Yearly Revenue Forecast By $120M

    The Maryland Board of Revenue Estimates lowered reduced its revenue collection forecast for fiscal year 2024 by $120 million after lower-than-expected tax collections, according to a quarterly report.

  • March 12, 2024

    Tenn. Senate Panel OKs Corp. Tax Overhaul, Rebate

    Tennessee corporations could see a $400 million annual franchise tax cut along with nearly $1.6 billion in potential refunds for past payments under legislation approved by a state Senate panel Tuesday.

  • March 12, 2024

    Colo. Dept. Says Out-Of-State Retailer May Collect Sales Tax

    A retailer who makes sales into Colorado but whose business activities do not meet the statutory definition of doing business in the state may voluntarily collect sales taxes, the Colorado Department of Revenue said.

  • March 12, 2024

    Tenn. Senate Panel OKs Plan To Bar State Property Taxes

    Tennessee voters could decide whether to constitutionally bar state property taxes under a resolution approved Tuesday by a Senate panel to advance the measure to next year's General Assembly.

  • March 12, 2024

    Mo. Senate Panel OKs Corp. Income Tax Rate Cuts

    Missouri would cut its corporate income tax rate to 3.75% in 2025, and continue to cut the rate until it reaches 2.25% if certain revenue targets are hit, under a bill advanced by the Senate's tax committee.

Expert Analysis

  • Big Tax Changes For Multinational Cos. In Budget Proposal

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    The Biden administration’s fiscal year 2024 budget proposes changes that would materially alter decades-old Internal Revenue Code provisions, requiring a shift in multinational corporations' tax planning strategies comparable to that required after enactment of the Tax Cuts and Jobs Act, say Xenia Garofalo and Kyle Colonna at Eversheds Sutherland.

  • Home Seized, Tax Paid, Government Enriched: SALT In Review

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    From a Minnesota county's profit on a home seizure to a California proposal to raise corporate income taxes, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.

  • Mich. Statute Of Limitations Cases Carry Nationwide Impacts

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    The outcomes of Dine Brands v. Eubanks and Walt Disney v. Eubanks, currently working their way through the Michigan courts, are likely to affect how statutes of limitations in unclaimed property audits are calculated nationwide as well as within the state, given the widespread adoption of similar model provisions by many other states, say attorneys at McDermott.

  • Wash. Fallout And New York Pets: SALT In Review

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    From the early fallout of Washington state's capital gains ruling to a proposed tax credit for adopting pets in New York, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.

  • Inside Calif.'s New Unclaimed Property Compliance Program

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    As California gears up to launch its voluntary compliance program for taxpayers with unreported property owed to the state, eligible holders should be aware of kinks that may initially arise and of potential audit risks, say attorneys at Alston & Bird.

  • Missouri's Big Idea And NY's Online Thought: SALT In Review

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    From a Missouri bill that could eventually end the state's corporate income tax to a proposed tax on online deliveries in New York City, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.

  • 9th Circ. Ruling Legitimizes Classwide Injury In Predominance

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    The Ninth Circuit's recent ruling that vacated class certification in Van v. LLR makes clear that the question of injury is highly relevant to the predominance analysis, and underscores the importance of making a persuasive argument that injury is individualized within the class, say attorneys at Skadden.

  • Ohio Tax Talk: Tax Amendments In Operating Budget Proposal

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    Starting in 2023, the Ohio House of Representatives' budget bill would amend sales and use, income, and commercial activity tax provisions, so individuals and businesses must monitor its progression, considering the revisions could carry consequences or liability for taxpayers, say Raghav Agnihotri and Rachael Chamberlain at Frost Brown.

  • A Tale Of 2 State Tax Sourcing Decisions: The Pa. Court's Path

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    The Pennsylvania Supreme Court’s recent decision in Synthes v. Commonwealth appropriately effectuated the Legislature's intent that ambiguous provisions in Section 17 of the Uniform Division of Income for Tax Purposes Act be construed to reflect the marketplace for the taxpayer's services, says Bruce Fort at the Multistate Tax Commission.

  • A Tale Of 2 State Tax Sourcing Decisions: The Va. Court's Path

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    The Virginia Supreme Court's textualist approach in Department of Taxation v. R.J. Reynolds diverges from a recent Pennsylvania Supreme Court analysis and mistakenly precludes consideration of the goals and history underlying provisions of the Uniform Division of Income for Tax Purposes Act, says Bruce Fort at the Multistate Tax Commission.

  • Digital Ads And Electric Vehicles: SALT In Review

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    From the latest move toward a tax on digital advertising to a proposed tax on the charging of electric vehicles, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.

  • Could The Supreme Court Legalize Marijuana Federally?

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    Amid slow legislative and executive movement on cannabis reform, it’s worth examining whether the U.S. Supreme Court could provide a pathway to federal cannabis legalization — a decision that would surely require strange bedfellows given the court’s current ideological makeup, say Whitt Steineker and Mason Kruse at Bradley Arant.

  • Pennsylvania Is Gathering Momentum On Adult-Use Cannabis

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    Though Pennsylvania has been relatively slow-moving on cannabis reform, recent support from state leaders and pressure from neighboring states signal that legalization efforts are picking up steam, and could lead to the enactment of adult-use legislation soon, says Devin Malone at Clark Hill.

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