Tax Law

Recent Posts

The Comity Club: Federal Judge Remands Indiana Franchise Fee Case Back to State Court
Posted on 25 Nov 2020 by Eversheds Sutherland LLP

Citing to principles of comity, a federal district court remanded back to state court a class action suit brought by Indiana municipalities seeking franchise fees from various streaming video companies. The Indiana municipalities filed a class action... Read More

Indiana updates informal remote seller and marketplace facilitator guidance
Posted on 12 Nov 2020 by Eversheds Sutherland LLP

The Indiana Department of Revenue has updated  Information Bulletin No. 89 , providing guidance for remote sellers and marketplace facilitators regarding the state’s sales tax physical presence standards. The updated guidance, which is effective July... Read More

Trouble at the Pump: Indiana Department of Revenue Concludes that a Holding Company is not Unitary with a Gas Station Partnership
Posted on 8 Sep 2020 by Eversheds Sutherland LLP

In Indiana Department of Revenue Letter of Findings No. 02-20191221 (Dated June 3, 2020, published August 26, 2020), the Department concluded there was a lack of a unitary business relationship between an out-of-state holding company and a partnership... Read More

Indiana Publishes Remote Seller and Marketplace Facilitator Guidance
Posted on 10 Jul 2020 by Eversheds Sutherland LLP

Indiana released Information Bulletin #89 updating guidance for remote sellers and marketplace facilitators. The guidance, which became effective July 1, implements SEA 408 . It also notes, among other things, that marketplace facilitators must include... Read More

Indiana Supreme Court Holds Driver Was an Independent Contractor, Not Employee
Posted on 29 Mar 2019 by Eversheds Sutherland LLP

The Indiana Supreme Court recently held that a company properly classified a driver as an independent contractor, not an employee, for unemployment insurance tax purposes. The company connected drivers with vehicle manufacturers that needed large vehicles... Read More

Indiana Supreme Court Holds Driver Was an Independent Contractor, Not Employee
Posted on 29 Mar 2019 by Eversheds Sutherland LLP

The Indiana Supreme Court recently held that a company properly classified a driver as an independent contractor, not an employee, for unemployment insurance tax purposes. The company connected drivers with vehicle manufacturers that needed large vehicles... Read More

Indiana Department of Revenue Finds Out-of-State Pharmacy Benefit Management Provider Must Include Income from Drug Sales to Indiana Customers in Sales Factor
Posted on 25 Mar 2019 by Eversheds Sutherland LLP

In a letter of finding, the Indiana Department of Revenue concluded that a pharmacy benefit management provider was required to include in its sales factor receipts from prescription drugs sold to Indiana customers. The taxpayer contracted with insurance... Read More

Indiana Supreme Court Cites Business Purpose Requirement in Holding RV Dealership Liable for Uncollected Sales Tax
Posted on 31 Jan 2019 by Eversheds Sutherland LLP

On December 5, 2018, the Indiana Supreme Court in a 3-2 split decision held that an RV dealership was liable for uncollected sales tax on RV sales even though it delivered the RVs to buyers at out-of-state locations. The RV dealership’s protocol for... Read More

Indiana Affirms Taxpayer’s Section 382 NOL Limitation Calculations
Posted on 12 Oct 2018 by Eversheds Sutherland LLP

An Indiana taxpayer claimed net operation loss deductions (“NOLs”) on its adjusted gross income.  The NOLs were acquired by the taxpayer as part of a corporate acquisition.  The Indiana Department of Revenue did not dispute that the taxpayer was entitled... Read More

Indiana Enacts IRC Conformity Bill, Decouples from Certain Federal Tax Reform Provisions
Posted on 17 May 2018 by Eversheds Sutherland LLP

On May 14, 2018, Indiana Governor Eric Holcomb signed into law H.B 1316 (the Bill). The Bill provides a number of changes to Indiana’s tax laws, including responding to provisions of the federal Tax Cuts and Jobs Act. Some notable provisions of the Bill... Read More