State and Local Tax Issues in Construction

BY: STEPHANIE LIPINSKI GALLAND Every business has an accountant or finance resource. This resource spends 150% of his or her time handling the cash flow, paying the bills, and filling out the requisite federal income tax returns. What is usually missing is time to focus on state and local taxes...

Ohio DOT Plays “Who Do You Trust?”

Once hosted by Johnny Carson , Who Do You Trust? was a game show aired on the ABC television network In the late 1950s and early 1960s. Contestant couples competing to correctly answer a series of questions also faced a judgment call: The male was challenged to either answer the question himself or decide...

Alternative Apportionment Disallowed in Indiana

The Indiana Department of Revenue (“Department”) sustained a taxpayer’s protest of an audit proposal requiring the taxpayer, an automobile manufacturer that filed a consolidated return with two other entities, to use an alternative apportionment method and to add back royalty expenses...

New York University Institute on State and Local Taxation

The annual NYU Institute on State and Local Taxation addresses all major areas of taxation and attracts attorneys, accountants, state tax officials, tax directors, tax managers and anyone seeking expert discussion on the latest technical, legislative, and planning developments. The Institute is designed...

Taxing the Corporation: Home Depot and the State's Claim of Right

The Arizona Court of Appeals recently issued a decision in the Home Depot case , which involves determining when the state has jurisdiction to tax a corporation. The case is about a domestic multi-state business but it has interesting implications for the taxation of multinationals. In brief, Home Depot...

Legislation Compelling in Ohio Tax Matters -- Good Morals?... NOT!

In the court of public opinion, the Ohio Department of Taxation has not been faring well in recent months. Late in 2013, the Ohio Inspector General found that the Department chose not to respond to taxpayer requests for $30 million in refunds – and potentially withheld nearly 10 times that amount...

Emergency Regulations in Illinois Address Sales Tax Situsing

The Illinois Department of Revenue (the “Department”) recently filed emergency regulations that provide guidance following the Illinois Supreme Court’s decision in Hartney Fuel Oil Co v. Hamer as to how sales should be sourced for local sales tax purposes. The emergency regulations...

Federal and State Tobacco Taxes - On Fire or Just Smoking?

by Daniel G. Mudd * Editor's Note: The following is abridged from a feature article appearing in the March 2014 edition of the Lexis® Federal Tax Journal Quarterly . ** § 3.01 Introduction For those in the business, manufacturers, wholesalers, distributors, importers, dealers and...

View all the federal, state and international tax news headlines for April 3rd from TaxAnalysts® on LexisNexis Tax Center

View all the federal tax news headlines for April 3rd from TaxAnalysts® on LexisNexis Tax Center View all the state tax news headlines for April 3rd from TaxAnalysts® on LexisNexis Tax Center View all the international tax news headlines for April 3rd from TaxAnalysts® on LexisNexis...

Mississippi Lawmakers Approve Equifax Bill

Mississippi legislators on April 1 sent Gov. Phil Bryant (R) a bill designed to repair some of the perceived damage to the state's business-friendly image from last summer's state supreme court ruling against an apportionment challenge brought by Equifax. In Equifax Inc. v. Mississippi Dep't...

From the NYT: Lessons for International Tax from Oregon's Role as Sales/Use Tax Haven

Today's [April 13, 2014] NYT has an article entitled " Buyers Find Tax Break on Art: Let it Hang Awhile in Oregon ." The artful dodge is accomplished via simple arbitrage between a source, an intermediary, and a residence jurisdiction, so the story gives a nice illustration of a phenomenon...

Daniel G. Mudd on Federal & State Tobacco Taxes

by Daniel G. Mudd * [1] Introduction For those in the business, manufacturers, wholesalers, distributors, importers, dealers and retailers of tobacco products, there are a staggering amount of Federal and state excise tax compliance obligations and responsibilities that must be fully considered prior...

New York State - New and Proposed Legislation Affecting Trusts and Estates

In 2013, New York undertook a comprehensive review of the state's tax structure and made recommendations to improve and simplify the current tax system. This article discusses the findings of that review and the resulting legislation to implement changes. ... New York State Tax Reform and Fairness...

NYU Summer Institute in Taxation

Dates: July 14-25, 2014 Location: The Westin New York at Times Square New York, NY Join today's leading national and international tax authorities during a series of in-depth sessions on state and local taxation, partnerships, consolidated returns, trusts and estates, federal wealth tax, and...

Qualifying Sales of Standard Financial Information Exempt from Washington Sales and Use Tax

Last year, the Washington Legislature amended Wash. Rev. Code § 82.12 to provide an exemption from the state’s retail sales and use tax for sales of standard financial information to qualifying international investment management companies. Last week, the Washington Department of Revenue amended...

Competitive Posture Drives Emegency D.C. Business Tax Law

The District of Columbia Council (the 'Council') voted recently, 12 to 1, to approve a motion to override Mayor Gray's veto of the FY 2015 Budget Support Emergency Act (the 'Emergency Act'), which makes signeificant changes to the business franchise tax, designed to make the District...

Income Disparity: Just What the Campaign Doctor Ordered!

Are you running for high political office in your state? Is the race against your opponent too close to call? Do you need an issue to gin up your constituency – i.e., an issue with broad appeal that makes voters hyper-emotional? How would you like to motivate a constituency that is so expansive...

New Jersey Adopts "Click-Through" Nexus

On June 30, 2014, the New Jersey Legislature approved Assembly Bill 3486, establishing “click-through” nexus in the state. [See the text of the bill at 2014 N.J. ALS 13 ]. Under the new law, an out-of-state seller may be required to collect New Jersey state sales tax on sales of tangible...

Vexing Apportionment Challenges Stymie Flummoxed Tax Departments

The murky waters of state taxation, now characterized by single-sales-factor apportionment and economic nexus trends, continue to plague corner office decision-makers and the practitioners who counsel them. [See "Experts: Economic Nexus and Single-Sales-Factor Apportionment May Lead to Discrimination...

Part II: Federal and State Tobacco Taxes -- On Fire or Just Smoking?

by Daniel G. Mudd * In a follow-up to Part I (EIA 7184) [ "Basics of Federal and State Tobacco Taxes -- On Fire or Just Smoking?" by Daniel G. Mudd – Emerging Issues Analysis Commentary], which covered the Federal Excise Tax (FET) considerations for a company involved in the tobacco...

View all the federal, state and international tax news headlines for September 9th from TaxAnalysts® on LexisNexis Tax Center

View all the federal tax news headlines for September 9th from TaxAnalysts® on LexisNexis Tax Center View all the state tax news headlines for September 9th from TaxAnalysts® on LexisNexis Tax Center View all the international tax news headlines for September 9th from TaxAnalysts® on...

Triple the Asking Price, Nevada's Offer to Tesla Has Policy Groups Baffled

As the dust settles following the announcement of plans for Tesla Motors Inc. to build a battery factory in Nevada in exchange for $ 1 billion in incentives, policy experts examining the transaction say that Gov. Brian Sandoval (R) may have greatly overpaid. The governor is proposing 100 percent abatements...

Michigan House Passes Bill to Retroactively Repeal Multistate Tax Compact

In a move that would effectively eliminate an estimated $ 1.1 billion in tax refund claims, the Michigan House on September 9 passed legislative language (House substitute to SB 156) that would retroactively repeal the Multistate Tax Compact from the state's code effective January 1, 2008. In a 100...

View all the federal, state and international tax news headlines for September 11th from TaxAnalysts® on LexisNexis Tax Center

View all the federal tax news headlines for September 11th from TaxAnalysts® on LexisNexis Tax Center View all the state tax news headlines for September 11th from TaxAnalysts® on LexisNexis Tax Center View all the international tax news headlines for September 11th from TaxAnalysts®...

U.S. House Republicans Seek to Temporarily Extend ITFA in Funding Bill

U.S. House Appropriations Committee Chair Hal Rogers, R-Ky., unveiled a short-term continuing resolution late September 9 to keep the federal government funded at current levels and temporarily extend the Internet Tax Freedom Act through December 11. The moratorium on Internet access taxes expires November...