LexisNexis® Legal Newsroom
State Net Capitol Journal – April 22, 2013

Budget & Taxes KS TAX REFORM WORST IN NATION: Joe Henchman of the conservative Tax Foundation and Nick Johnson of the left-leaning Center on Budget and Policy Priorities rarely agree on anything having to do with taxes. But when Governing magazine recently asked the two tax policy experts to...

Securities Brokers Get Another Reporting Compliance Break

IRC Section 6045 provides the broker reporting rules for certain securities, including debt instruments and options. Generally, for debt instruments acquired on or after January 1, 2013, brokers are required, when reporting the sale of the debt instrument to the IRS, to report the customer's adjusted...

Bank Frey Executive and Swiss Lawyer Indicted

The USA for SDNY has announced, here , the indictment of Stefan Buck, head of "Bank 1" (Bank Frey), and Edgar Paltzer, a partner at a Swiss law firm, a dual U.S.-Swiss citizen, and a registered attorney in NY. (A copy of the indictment is here .) According to the press release, they "are...

Foley & Lardner: Developers Rejoice! IRS Issues "Begun Construction" Guidance

On April 15, 2013, the IRS released Notice 2013-29 addressing the eligibility for certain alternative energy projects to qualify for the renewable electricity production tax credit (PTC) under section 45 of the Tax Code. This guidance has been eagerly anticipated since the beginning of the year by developers...

John Doe Summons Issued to Wells Fargo for Records of CIBC FirstCaribbean International Bank Correspondent Account

DOJ has announced, here , that a district court approved John Doe Summons for records of CIBC FirstCaribbean International Bank's correspondent account at Wells Fargo, N.A. The goal of the summons is to "allow the IRS to identify U.S. taxpayers who hold or held interests in financial accounts...

U.S. High Court Hears Oral Arguments In Dispute Over Taxing Severance Payments

WASHINGTON, D.C. — (Mealey’s) Severance payments fall within the Federal Insurance Contributions Act’s (FICA) definition of wages and are taxable, Assistant to the Solicitor General Eric J. Feigin told the U.S. Supreme Court Jan. 14 in arguments presented on behalf of the United States...

Tax Rules Spur Renunciation of U.S. Citizenship

"Goodbye, Uncle Sam! That's what 3,000 Americans chose to say last year, lining up at embassies around the world to renounce their citizenship. The numbers for 2013 represent a dramatic spike -- triple the average for the previous five years, according to a CNNMoney analysis of government data...

This Is Real Law: Expert Witness Malpractice: Making The Case For—And Against—Civil Liability

Captain Corcoran was never, never sick at sea. Well, hardly ever —as audiences familiar with Gilbert and Sullivan’s beloved 1878 comic opera H.M.S. Pinafore know so well. Indeed, they eagerly await the moment early in the opera when, challenged in song by his gallant crew, the ship’s...

Babst Calland: Advocates From Pa., Ohio, West Virginia Urge Common Approach To Shale Gas Taxation

By Joshua F. Hall As reported by Pittsburgh’s NPR News Station, 90.5 WESA, three advocacy groups, Leaders of Policy Matters Ohio, the Pennsylvania Budget and Policy Center, and the West Virginia Center on Budget & Policy, sent a letter to the governors of Ohio, Pennsylvania and West Virginia...

California High Court: Tax Code, Not UCL, Proper Avenue For Excess Tax Case

SACRAMENTO, Calif. — (Mealey’s) California’s tax code provides the sole remedy for consumers who believe that a retailer improperly charged tax reimbursements, the California Supreme Court held May 1 in a 4-3 opinion rejecting state unfair competition law (UCL) claims ( Kimberly Loeffler...

Court Hears Arguments In Origination-Clause Challenge To Individual Mandate Tax

WASHINGTON, D.C. — (Mealey’s) A District of Columbia Circuit U.S. Court of Appeals panel on May 8 heard arguments over whether the Patient Protection and Affordable Care Act (ACA)’s individual mandate tax constitutes a revenue measure and should properly have originated in the U.S....

Recent Changes to New York's Estate Tax Laws

By David R. Schoenhaar, Esq.* Effective April 1, 2014, as part of the implementation of the 2014-2015 budget, the legislature and Governor Cuomo made significant changes to New York’s estate and trust income tax laws. According to Governor Cuomo, a key objective is to provide tax relief to New...

NY Property Tax Exemption Extension for Renewable Systems

The New York legislature has passed a bill that extends a real property tax exemption for wind, solar and certain other energy systems until January 1, 2025. The bill provides that real property which includes an eligible energy system is exempt from certain real property taxes for a period of fifteen...

Judge Finds Indiana, School District Employers Allege Injury Under ACA

INDIANAPOLIS — (Mealey’s) A state and 39 school districts challenging the legality of payments imposed on large employers under the Internal Revenue Services’ implementation and interpretation of Patient Protection and Affordable Care Act (ACA) regulations allege an addressable injury...

ACA Compliance: Getting Ahead of the Curve. A LexisNexis® White Paper with Cynthia Stamer

The looming implementation of another round of employer mandates under the Affordable Care Act (ACA) has business leaders scrambling for help from legal counsel and other advisors. This flurry of activity is prudent; compliance with ACA is a matter of federal law and many penalties for failure to comply...

State Net Capitol Journal – November 17, 2014; High Court Considers Double Taxation Issue

Budget & Taxes HIGH COURT CONSIDERS DOUBLE TAXATION ISSUE: The U.S. Supreme Court heard arguments last week in a case involving a Maryland couple who sued that state over how it taxed the income they earned outside the state. The couple alleges Maryland's practice of offering only a partial...

State Net Capitol Journal – December 8, 2014; Necessity Of Georgia’s Income Tax Cap

Budget & Taxes NECESSITY OF GA'S INCOME TAX CAP: Last month Georgia became the first state in the nation to make it unconstitutional to raise its income tax, when voters overwhelmingly approved Amendment A, capping the state's top rate at its current 6 percent. Georgia's fiscal...

Does the ACA Give Employers a $3,000 Tax Bonus for Hiring Certain Immigrants?

"- Q: Did Obama’s executive actions on immigration include a $3,000 bonus to employers for each immigrant they hire instead of U.S. citizens? - A: Not exactly. In very limited cases, employers may avoid the Affordable Care Act’s penalty if they hire immigrants who are not eligible...

State Net Capitol Journal – February 16, 2015; Severance-Tax States Suffer In Oil-Price Slump

Budget & Taxes SEVERANCE-TAX STATES SUFFER IN OIL-PRICE SLUMP: Motorists across the country have welcomed the more than 50 percent drop in oil prices since last summer, from over $100 a barrel in June to $50 this month. But the same can't be said for state governments. The collapse in oil...

News Excerpts From the March 1, 2015, Bender’s Immigration Bulletin

Preliminary Injunction Issued in Texas v. United States | Late on February 16, a United States District Court judge for the Southern District of Texas (Brownsville) issued a preliminary injunction temporarily blocking the President’s November 2014 executive action on immigration. Judge Andrew...

State Net Capitol Journal – March 2, 2015; Red and Blue States Considering Tax Cuts For Middle-Class

Budget & Taxes RED AND BLUE STATES CONSIDERING TAX CUTS FOR MIDDLE-CLASS: Republican- and Democrat-dominated states are polls apart on most issues. But there appears to be some agreement about the need for tax cuts for low- and middle-income taxpayers, although there's still a difference of...

Owners of Tax-Exempt Property in Philadelphia Must Prove the Property Is Still Exempt

By Philip B. Korb, Wendi L. Kotzen, Christopher Jones, and Richard J. Slavin, Ballard Spahr LLP Owners of tax-exempt properties in Philadelphia have begun receiving requests from the Office of Property Assessment (the OPA), required by City Council Ordinance 130123, to submit information to allow...

OECD Recommends More Tariffs and Taxes to Manage Water Risks

By E. Lynn Grayson Today's financing mechanisms cannot cover the cost of upgrading old water systems, due to public budget cuts, a failure to reflect future costs in water charges and a drop in tariff revenues as city dwellers use less water. A new report by the Organization for Economic Cooperation...

City of Philadelphia Requests Proposals to Implement Online Auction for Sale and Assignment of Delinquent Real Estate Tax Liens

The City of Philadelphia recently announced a request for proposals to implement an online auction for the sale and assignment of some of the city's delinquent real estate tax liens. The auction will allow third parties to bid on the tax liens, with the successful bidder assigned the lien from the...

Democratic Senators Introduce Carbon Tax Bill

On Wednesday, June 10, two Democratic Senators (Sheldon Whitehouse of Rhode Island and Brian Schatz of Hawaii) introduced a bill that would impose a carbon tax of $45 per ton of carbon emissions. For other greenhouse gases, the bill imposes a carbon dioxide equivalent fee. The sponsors claim that the...