Tax Law

Recent Posts

INSIGHT: Single Member of Broker-Dealer Not Entitled to Use Broker-Dealer Sourcing in N.Y.
Posted on 31 May 2019 by Eversheds Sutherland LLP

In a case of first impression, a New York administrative law judge (ALJ) ruled that a corporate member of a disregarded limited liability company was not permitted to use a special apportionment rule for broker-dealers even though the disregarded entity... Read More

California, meet New York
Posted on 29 May 2019 by Eversheds Sutherland LLP

Eversheds Sutherland welcomed local guests into our New York office to meet Sacramento lawyers Tim Gustafson and Eric Coffill and learn about developments in California state tax. The group then went to see the Padres meet the Yankees (where the visiting... Read More

I’ve Been Wrong Before: The New York Department of Taxation and Finance Imposes Sales Tax on a Marketplace Operator
Posted on 27 Mar 2019 by Eversheds Sutherland LLP

On March 8, 2019, the New York Department of Taxation and Finance released an Advisory Opinion ruling that an online marketplace operator that facilitates taxable software sales is a “vendor” liable to collect sales tax. The Department relied on a rarely... Read More

I’ve Been Wrong Before: The New York Department of Taxation and Finance Imposes Sales Tax on a Marketplace Operator
Posted on 27 Mar 2019 by Eversheds Sutherland LLP

On March 8, 2019, the New York Department of Taxation and Finance released an Advisory Opinion ruling that an online marketplace operator that facilitates taxable software sales is a “vendor” liable to collect sales tax. The Department relied on a rarely... Read More

New York City Tax Tribunal finds that ownership of a flow-through interest can create nexus.
Posted on 13 Mar 2019 by Eversheds Sutherland LLP

The New York City Tax Tribunal held that an out-of-state corporate taxpayer, with an indirect interest in a limited liability company investment fund engaged in business in New York City, had nexus with the City and was subject to tax on capital gain... Read More

Podcast: New York apportionment of GILTI
Posted on 14 Feb 2019 by Eversheds Sutherland LLP

In this podcast , our state tax team discusses New York guidance regarding the apportionment treatment of GILTI income. Read More

New York Sustains Retroactive Application of Statutory Amendments to the Empire Zones Act
Posted on 4 Feb 2019 by Eversheds Sutherland LLP

A New York State Administrative Law Judge ruled that the retroactive application of amendments to the state’s Empire Zones statute—disqualifying a taxpayer from the tax reduction credits—did not violate the taxpayer’s constitutional due process rights... Read More

Legal Alert: New York Governor proposes significant tax changes
Posted on 19 Jan 2019 by Eversheds Sutherland LLP

New York State Governor Andrew Cuomo released his Fiscal Year 2020 budget and accompanying legislation on January 15, 2019 (the Budget Bill). Among other things, the Budget Bill proposes statutory revisions to respond to the Tax Cut and Jobs Act of 2017... Read More

Legal Alert: New York instructs taxpayers on GILTI apportionment
Posted on 16 Jan 2019 by Eversheds Sutherland LLP

The New York State Department of Taxation and Finance released guidance in the form of tax return instructions addressing how it will account for global intangible low-taxed income (referred to as GILTI) for apportionment purposes. These instructions... Read More

Eversheds Sutherland SALT Scoreboard Publication–Second Quarter 2018
Posted on 18 Jul 2018 by Eversheds Sutherland LLP

This is the tenth edition of the Eversheds Sutherland SALT Scoreboard, and the second edition of 2018. Each quarter, we tally the results of what we deem to be significant taxpayer wins and losses and analyze those results. This edition of the SALT Scoreboard... Read More

Texas and New York Whistle Different Tunes on Vanguard Whistleblower
Posted on 25 Nov 2015 by Eversheds Sutherland LLP

By Samantha Trencs and Open Weaver Banks The Texas Comptroller of Public Accounts and the New York Courts have treated a former in-house attorney turned whistleblower very differently—Texas made a substantial payment to the individual, and New... Read More

New York Court Holds That Telecommunications Company Is Not a NYC Utility
Posted on 17 May 2016 by Eversheds Sutherland LLP

By Jessica Eisenmenger The Supreme Court of the State of New York, New York County held that a telecommunications company was liable for both New York City’s Utility Tax and the City’s Unincorporated Business Tax (“UBT”) because... Read More

Sutherland SALT Team Continues Growth in New York with Addition of Open Weaver Banks
Posted on 23 Oct 2014 by Eversheds Sutherland LLP

We are pleased to announce that Open Weaver Banks has joined the firm’s State and Local Tax (SALT) practice as counsel in New York. Prior to joining Sutherland, Open was of counsel at Morrison & Foerster LLP. Open represents clients in state... Read More

Tags: New York

Running on Empty: New York State ALJ Denies Deduction for Payments Made to Captive Insurance Company
Posted on 21 Mar 2016 by Eversheds Sutherland LLP

By Charles Capouet and Andrew Appleby A New York State Division of Tax Appeals ALJ determined that payments by a corporation to its captive insurance company did not qualify as deductible insurance premiums because the arrangement lacked risk shifting... Read More

Roadkill: New York Court Finds Flat Vehicle Registration Fees Unconstitutional
Posted on 16 Feb 2016 by Eversheds Sutherland LLP

By Mike Penza and Madison Barnett The New York Supreme Court, Albany County, held that New York’s unapportioned vehicle registration fees violated the Commerce Clause. The court found that the flat fees—imposed on all carriers operating... Read More