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Daniel M. Kowalski
10 months ago
Immigration Law
Inside News
CA9 (2-1) on Cal. AB 32: GEO Group v. Newsom
GEO Group v. Newsom "In 2019, California Governor Gavin Newsom signed a bill, AB 32, that phases out all private detention facilities within the state. But because of seasonal and other fluctuations in immigration, the United States Immigration...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
DHS Waives Laws to Build More Border Barriers in CA
Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 "The Acting Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations, and other legal requirements in order to ensure the...
Eversheds Sutherland LLP
over 1 year ago
Tax Law
News Headlines
California Franchise Tax Board Announces 20-Day Comment Period for Alternative Apportionment Regulation Amendments
On December 29, 2020, California’s Franchise Tax Board (FTB) staff announced a twenty-day comment period for four changes to the proposed draft language of its 25137 Regulation (Alternative Apportionment). After the twenty-day comment period expires,...
Eversheds Sutherland LLP
over 1 year ago
Tax Law
News Headlines
Strike Two: Another California Court of Appeal Holds Voter-Initiated Local Special Taxes Not Subject to Constitutional Two-Thirds Supermajority Voting Requirement
On December 17, 2020, a California Court of Appeal in the state’s Fifth Appellate District reversed a Fresno trial court decision, which held the California Constitution’s requirement that local taxes be approved by a supermajority vote applies to taxes...
Eversheds Sutherland LLP
over 1 year ago
Tax Law
News Headlines
California Department of Tax and Fee Administration requests comments on marketplace sales regulation
The California Department of Tax and Fee Administration has informed the public that it intends to commence formal rulemaking to permanently adopt Emergency Sales and Use Tax Regulation 1684.5, Marketplace Sales . The regulation addresses issues regarding...
Eversheds Sutherland LLP
over 1 year ago
Tax Law
News Headlines
California’s Three-Member Franchise Tax Board to Consider Proposed Market-Based Sourcing and Alternative Apportionment Regulations at December Meeting
On December 18th, the three-member Board of the Franchise Tax Board (FTB) will hold its final quarterly meeting of 2020. At the meeting, the Board will consider the 2021 Rulemaking Calendar . The Calendar contains the agency’s schedules for its administrative...
Eversheds Sutherland LLP
over 1 year ago
Tax Law
News Headlines
California Superior Court invalidates sales tax Regulation 1585 awarding refund on sales of bundled cellular telephones
On October 27, 2020, the Sacramento Superior Court granted a writ of prohibition barring the California Department of Tax and Fee Administration (the Department) from applying sales tax Regulation 1585 (Reg 1585) to bundled sales of cellular telephones...
Eversheds Sutherland LLP
over 1 year ago
Tax Law
News Headlines
Legal Alert: California and San Francisco ballot measures raise important worker classification issues
Last week, California voters passed Proposition 22 – which considers app-based drivers for rideshare and delivery companies to be independent contractors – and San Francisco voters passed Proposition L – which imposes an additional tax on businesses where...
Eversheds Sutherland LLP
over 1 year ago
Tax Law
News Headlines
California OTA Tells CDTFA Its Audit Manual Has No Authority In Appeal
In a pending precedential decision, the California Office of Tax Appeals (OTA) held that the California Department of Tax and Fee Administration (CDTFA) is bound to follow its own regulation and could not rely on its audit manual to disregard that regulatory...
Eversheds Sutherland LLP
over 1 year ago
Tax Law
News Headlines
California 2020 Ballot Measures – Latest Results
Voters in California headed to the polls (or mailboxes) this Election Day not only to choose the next president of the United States but also to make decisions on a range of tax policy questions. From removing property tax protections for commercial...
Eversheds Sutherland LLP
over 1 year ago
Tax Law
News Headlines
Episode: II SALT Issues Related to Worker Classification and Teleworking
This is episode two of our two part podcast series based upon our webcast addressing “SALT Issues Related to Worker Classification and Teleworking. In this marketplace podcast, we discuss SALT issues that teleworking may create for marketplaces with various...
Eversheds Sutherland LLP
over 1 year ago
Tax Law
News Headlines
Taxpayer Privacy Rights Prevail: California Governor Vetoes Controversial California Corporate Tax Disclosure Bill, S.B. 972
On September 29, 2020, Democratic Governor Gavin Newsom vetoed S.B. 972 , the controversial taxpayer disclosure bill that would have required the California Franchise Tax Board (FTB) to provide the Legislature annually with the names, tax liabilities...
Eversheds Sutherland LLP
over 1 year ago
Tax Law
News Headlines
Taxpayer Privacy Rights Prevail: California Governor Vetoes Controversial California Corporate Tax Disclosure Bill, S.B. 972
On September 29, 2020, Democratic Governor Gavin Newsom vetoed S.B. 972 , the controversial taxpayer disclosure bill that would have required the California Franchise Tax Board (FTB) to provide the Legislature annually with the names, tax liabilities...
Eversheds Sutherland LLP
over 1 year ago
Tax Law
News Headlines
California Property Tax and LLC Tax Decisions
In this episode we discuss two recent California decisions, including a Court of Appeal decision concerning property tax escape assessments ( Prang v. Los Angeles Cnty. Assessment Appeals Bd. , Case No. B301194 (Cal. Ct. App. Aug. 27, 2020) and an Office...
Eversheds Sutherland LLP
over 1 year ago
Tax Law
News Headlines
Webcast: SALT issues related to worker classification and teleworking
In this marketplace webcast, we discuss ongoing worker classification disputes in California, as well as other states, and the SALT implications resulting from those disputes. We will also discuss SALT issues that teleworking may create for marketplaces...
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