Tax Law

Recent Posts

Virginia provides guidance on peer-to-peer vehicle sharing tax
Posted on 10 Sep 2020 by Eversheds Sutherland LLP

Virginia’s peer-to-peer vehicle sharing tax, passed in April, takes effect on October 1. Generally, vehicle owners with up to ten shared vehicles will be subject to a 6.5% gross tax. The law obligates vehicle sharing platforms to collect the tax on behalf... Read More

Software + Services = No Tax: Bundles of Electronically-Transferred Software and Related Services Not Subject to Georgia Sales and Use Tax
Posted on 7 Jul 2016 by Eversheds Sutherland LLP

By Nick Kump and Marc Simonetti The Georgia Department of Revenue (Department) released a letter ruling stating that a taxpayer’s sales of computer software and related services were not subject to sales and use tax. The taxpayer sold bundled... Read More

Tags: Southeast

Here's the Deal: Georgia Governor Signs Several Significant Tax Bills
Posted on 11 May 2016 by Eversheds Sutherland LLP

Georgia Governor Nathan Deal has signed into law several significant tax bills, affecting various Georgia tax matters, including sales and use taxes, property taxes, corporate income taxes and state tax credits, which: Adjust Georgia’s statutory... Read More

Texas Court of Appeals Upholds Cost of Goods Sold Deduction for Seismic Data Gatherer
Posted on 28 Mar 2016 by Eversheds Sutherland LLP

By Elizabeth Cha and Scott Wright The Texas Court of Appeals held that a seismic data gathering company was entitled to a cost of goods sold (COGS) deduction for costs of labor and materials incurred to acquire and process seismic data for its clients... Read More

Because ... It's All in the Cloud: Sales of Cloud-Computing Services Do Not Create Nexus in Virginia
Posted on 26 Aug 2016 by Eversheds Sutherland LLP

By Nick Kump and Amy Nogid The Virginia Department of Taxation (Department) ruled that a company’s sales of cloud computing services did not create nexus with Virginia for corporate income tax purposes. The Department also said that in applying... Read More

Tags: Southeast

A Proposed Assessment Is Not an Assessment for Statute of Limitations Purposes in Florida
Posted on 23 Jun 2015 by Eversheds Sutherland LLP

By Zachary T. Atkins and Open Weaver Banks In a closely followed case, a Florida district court of appeal held that a proposed assessment is not an assessment for statute of limitations purposes. The Florida Department of Revenue generally has three years... Read More

Texas Supreme Court Upholds Local Ad Valorem Tax on Stored Gas
Posted on 27 Jul 2017 by Eversheds Sutherland LLP

By Jessie Eisenmenger and Jonathan Feldman The Texas Supreme Court held that a non-discriminatory tax on stored gas held for future resale does not violate the Commerce Clause of the US Constitution. Harris County imposed an ad valorem tax on natural... Read More

Power to the People: Mississippi Supreme Court Upholds Right to Jury Trial in Tax Assessment Appeals
Posted on 21 Sep 2016 by Eversheds Sutherland LLP

By Jessica Eisenmenger and Tim Gustafson The Supreme Court of Mississippi held that a county had the right to a jury trial in an appeal of the county’s ad valorem tax assessment. In reaching its decision, the court relied on centuries-old customs... Read More

Taxing the Internet Media Stream - South Carolina Determines Streaming Media Charges Are Taxable
Posted on 8 Aug 2016 by Eversheds Sutherland LLP

By Robert Merten and Madison Barnett The South Carolina Department of Revenue issued a revenue ruling concluding that charges paid by customers to stream media content over the Internet, such as movies, music and television programs, are subject to... Read More

Tags: Southeast

Not on the Same Wavelength: Receipts from Radio Advertising Must Be Sourced to Texas When Broadcast from the State
Posted on 9 May 2016 by Eversheds Sutherland LLP

By Mike Kerman and Amy Nogid The Texas Comptroller of Public Accounts concluded that a Texas-based national radio network must apportion its advertising receipts based on the ratio of radio stations that license and broadcast its programming from Texas... Read More

Look But Don't Touch: Tennessee DOR Ruling Analyzes Web-Based Software and Service
Posted on 26 Feb 2016 by Eversheds Sutherland LLP

By Liz Cha and Todd Lard Applying the “true object” test to the taxpayer’s web-based services, the Tennessee Department of Revenue ruled that charges for granting access to the taxpayer’s website for purposes of obtaining information... Read More

How Will Georgia Conform to Federal Tax Reform? Annual Legislation Introduced
Posted on 5 Feb 2018 by Eversheds Sutherland LLP

The Georgia Legislature has introduced its annual Internal Revenue Code (IRC) conformity bill—HB 821. Georgia conformity is typically updated annually to apply for the most recent tax year. In light of the recently enacted federal tax reform, this... Read More

Alabama Tax Tribunal Determines Taxpayer Properly Deducted Dividends from REIT
Posted on 22 Feb 2017 by Eversheds Sutherland LLP

By Nicole Boutros and Eric Coffill The Alabama Tax Tribunal held that a taxpayer banking corporation properly deducted dividends received from an affiliated real estate investment trust (REIT) for financial institution excise tax purposes because the... Read More

Tags: Southeast

Florida Issues Nexus Guidance for Reinsurers
Posted on 27 Feb 2017 by Eversheds Sutherland LLP

By Charles Capouet and Andrew Appleby The Florida Department of Revenue determined that a reinsurer did not have nexus with Florida for corporate income tax purposes. The Department first asserted that an insurer or reinsurer would have nexus with Florida... Read More

Georgia Tax Tribunal Says What Texas Comptroller Won't
Posted on 8 Dec 2014 by Eversheds Sutherland LLP

By Zachary Atkins & Jonathan Feldman The Georgia Tax Tribunal held that the Texas Franchise Tax (the “TFT”) is a tax “on or measured by income” and allowed a Georgia resident, who indirectly owned an interest in a pass-through... Read More