Tax Law

Recent Posts

Videocast: Consolidated complexities – state corporate income tax implications of IRC § 163(j)
Posted on 18 Dec 2018 by Eversheds Sutherland LLP

The November 26, 2018, release by the Internal Revenue Service of proposed regulations (REG-106089-18) related to IRC § 163(j) has provided some clarity for federal income taxpayers. But the regulations’ treatment of federal consolidated groups gives... Read More

Legal Alert: Overlooked opportunities? State tax considerations relating to investments in federal qualified opportunity zones
Posted on 2 Nov 2018 by Eversheds Sutherland LLP

The federal Tax Cuts and Jobs Act (TCJA) created a new economic development program designed to spur investment in certain low-income communities designated as “Opportunity Zones.” The new federal tax provisions offer significant opportunities to defer... Read More

Can’t Hardly Wait — Cryptocurrency and State Tax Legislation
Posted on 27 Aug 2018 by Eversheds Sutherland LLP

In this article in the Journal of Multistate Taxation and Incentives , Charlie Kearns and Dennis Jansen provide an overview of those recent state and local tax legislative developments affecting cryptocurrency, including attempts to protect miners or... Read More

House Judiciary Committee Considers Ramifications of Wayfair Decision
Posted on 25 Jul 2018 by Eversheds Sutherland LLP

On Tuesday, June 24, the Judiciary Committee of the US House of Representatives held a hearing on “Examining the Wayfair decision and its Ramifications for Consumers and Small Businesses.” The hearing was scheduled at the direction of Rep... Read More

Top New Jersey Tax Changes in the 2018 Budget Deal
Posted on 6 Jul 2018 by Eversheds Sutherland LLP

In a last-minute deal to avert a government shutdown, New Jersey Governor Phil Murphy and the New Jersey Legislature cobbled together a budget with numerous amendments to New Jersey’s tax law. View the full legal alert. Read More

New Jersey Legislature Passes Corporate Tax Increases, Still Negotiating with Governor
Posted on 28 Jun 2018 by Eversheds Sutherland LLP

In the midst of a budget showdown between New Jersey’s Legislature and Governor Murphy, on June 25, 2018, the Legislature passed a replacement bill that seeks to raise revenue with a temporary Corporation Business Tax “surtax” on corporations meeting... Read More

The Sales Taxation of Virtual Currency
Posted on 14 Jun 2018 by Eversheds Sutherland LLP

Bitcoin and other virtual currencies may be the most controversial financial assets on the market right now and are certainly the most discussed. In their article for  Bloomberg BNA , Eversheds Sutherland attorneys Jonathan Feldman and Christopher Beaudro... Read More

Temporary Storage, Long-Term Exemption: Illinois Department of Revenue Releases Ruling on Temporary Storage Exemption
Posted on 29 Mar 2016 by Eversheds Sutherland LLP

By Charles Capouet and Eric Coffill In Private Letter Ruling ST 15-0016-PLR, the Illinois Department of Revenue explained the application of the temporary storage exemption to the imposition of use tax on the in-state storage of equipment. Illinois’... Read More

Cell Phone Insurance Not Subject to South Carolina Sales Tax
Posted on 16 Dec 2015 by Eversheds Sutherland LLP

By Samantha Trencs and Andrew Appleby A South Carolina administrative law judge (ALJ) determined that cell phone insurance is not subject to South Carolina sales tax even though the wireless provider sells it with taxable communication services. Alltel... Read More

New California Tax Agencies' Roles Clarified
Posted on 21 Sep 2017 by Eversheds Sutherland LLP

On September 16, 2017, California Governor Jerry Brown signed Assembly Bill 131, a budget trailer bill clarifying a number of provisions related to the roles of California’s two new tax agencies, the California Department of Tax and Fee Administration... Read More

In a New York Minute: Six New York Tax Reform Decisions to Make in 2015
Posted on 24 Feb 2015 by Eversheds Sutherland LLP

New York’s corporate tax reform includes sweeping changes affecting nearly every aspect of its corporation franchise tax. In their article for State Tax Notes , Sutherland Partners Leah Robinson and Marc A. Simonetti review what New York corporate... Read More

Two Bites, Zero Success: South Carolina Court of Appeals Determines Department Did Not Satisfy Its Burden to Justify Alternative Apportionment
Posted on 22 Nov 2016 by Eversheds Sutherland LLP

By Elizabeth Cha and Timothy Gustafson On October 26, 2016, the South Carolina Court of Appeals reversed a lower court ruling and determined the Department of Revenue (Department) failed to satisfy its burden of showing that the statutory apportionment... Read More

A Pinch of SALT: Should Taxpayers Embrace MTC's ALAS or Keep It at Arm's Length?
Posted on 11 May 2016 by Eversheds Sutherland LLP

In their article for State Tax Notes , Sutherland attorneys Jonathan Feldman, Stephen Burroughs and Timothy Gustafson analyze the Multistate Tax Commission’s Arm's-Length Adjustment Service (ALAS) program. While most taxpayers instinctively... Read More

More Taxes Coming in Oregon?
Posted on 27 Dec 2016 by Eversheds Sutherland LLP

By Eric Coffill New Oregon Gross Receipts Tax Proposal. On December 14, 2016, the group behind Measure 97 (which was defeated at the November 2016 general election), released a booklet setting forth its 2017 legislative proposals. The document includes... Read More

Indiana DOR: "Equity" Prevents Application of Throwback Rule
Posted on 21 Sep 2017 by Eversheds Sutherland LLP

By Ted Friedman and Eric Coffill On August 30, 2017, the Indiana Department of Revenue determined that an out-of-state corporation doing business in Indiana and worldwide was entitled to a reduction of its Indiana sales factor because certain sales... Read More