Tax Law

Recent Posts

State Taxation of Foreign Source Income
Posted on 5 Jan 2015 by LexisNexis Tax Law Community Staff

by Robert Desiderio * States undertake a myriad of approaches to tax foreign source income, primarily due to the diverse operations of the taxpayers. Non-U.S. corporations may own U.S. entities as separate subsidiary corporations or as branches of... Read More

Job Creation Tax Incentives Viewed as Fools’ Gold
Posted on 21 Sep 2015 by Peter Miller

Notwithstanding improvements in job market statistics in recent months, concerns persist about underemployment and low job market participation. State governments use a variety of tools to improve economic conditions, including job creation tax incentives... Read More

Competitive Posture Drives Emegency D.C. Business Tax Law
Posted on 21 Jul 2014 by Sean Craig

The District of Columbia Council (the 'Council') voted recently, 12 to 1, to approve a motion to override Mayor Gray's veto of the FY 2015 Budget Support Emergency Act (the 'Emergency Act'), which makes signeificant changes to the... Read More

On Standby: ISPs May Rely on Prior Guidance Until Congress or Massachusetts Legislature Addresses Taxation of Internet Access
Posted on 6 Oct 2014 by Eversheds Sutherland LLP

By Stephanie Do and Andrew Appleby The Massachusetts Department of Revenue addressed the possible expiration and subsequent retroactive enactment of the federal Internet Tax Freedom Act (ITFA). The Department advised Internet Service Providers (ISPs)... Read More

Income Disparity: Just What the Campaign Doctor Ordered!
Posted on 30 Jul 2014 by Peter Miller

Are you running for high political office in your state? Is the race against your opponent too close to call? Do you need an issue to gin up your constituency – i.e., an issue with broad appeal that makes voters hyper-emotional? How would you like... Read More

New Jersey Refund Opportunities Associated With the Deductibility of Other States' Taxes
Posted on 16 Oct 2014 by Eversheds Sutherland LLP

Posted by Sutherland SALT on October 15, 2014 On October 2, in PPL Electric Utilities Corporation v. Director, Division of Taxation , No. 000005-2011, the New Jersey Tax Court determined that federal deductions for the taxpayer’s payments... Read More

Taxing the Corporation: Home Depot and the State's Claim of Right
Posted on 30 Dec 2013 by Allison Christians

The Arizona Court of Appeals recently issued a decision in the Home Depot case , which involves determining when the state has jurisdiction to tax a corporation. The case is about a domestic multi-state business but it has interesting implications for... Read More

Legislation Compelling in Ohio Tax Matters -- Good Morals?... NOT!
Posted on 14 Feb 2014 by Peter Miller

In the court of public opinion, the Ohio Department of Taxation has not been faring well in recent months. Late in 2013, the Ohio Inspector General found that the Department chose not to respond to taxpayer requests for $30 million in refunds –... Read More

Alternative Apportionment Disallowed in Indiana
Posted on 2 Dec 2013 by Sean Craig

The Indiana Department of Revenue (“Department”) sustained a taxpayer’s protest of an audit proposal requiring the taxpayer, an automobile manufacturer that filed a consolidated return with two other entities, to use an alternative apportionment... Read More

Affiliate Nexus: Nexus Creation Through Common Ownership
Posted on 17 Jul 2013 by LexisNexis Tax Law Community Staff

by Robert Desiderio * Over the past couple of decades, one issue that has plagued the courts in a number of states has been that of determining when nexus is created by corporations that are subject to common ownership and/or control. A number of states... Read More

MTC Meets With Economic Firms to Continue Its Transfer Pricing Effort
Posted on 7 Oct 2014 by Eversheds Sutherland LLP

Posted by Sutherland SALT on October 06, 2014 The MTC continued its foray into transfer pricing. In a highly anticipated meeting, the MTC engaged with seven economics firms—all of which could potentially offer their services to the MTC—to... Read More

Professional Responsibility for Florida Trust and Estate Lawyers
Posted on 15 Sep 2014 by Susan Calistri Boesger

... II. Ethical Guidelines The Florida Rules of Professional Conduct [Florida Rules of Professional Conduct 4-1.8(c), http://www.floridabar.org/ , retrieved August 23, 2014] provide guidance to attorneys on matters ranging from fees to communication... Read More

Taxation of Estates & Trusts in NJ and Residuary Trust A v. Director
Posted on 4 Nov 2013 by Diane L. Mutolo

Estates and trusts are subject to New Jersey gross income tax... Charitable trusts and trusts that form part of a pension or profit-sharing plan are expressly exempted from the gross income tax. Estate and trust income is taxed only once by New... Read More

Global Positioning of IP: State Research and Development Credits
Posted on 29 Sep 2016 by LexisNexis Tax Law Community Staff

by William H. Byrnes and Marvin Petry * Federal and state research and development (R&D) tax credits are powerful yet underutilized opportunities that can make a big difference in operating performance and cash flow for companies that rely on performing... Read More

Vexing Apportionment Challenges Stymie Flummoxed Tax Departments
Posted on 12 Aug 2014 by Peter Miller

The murky waters of state taxation, now characterized by single-sales-factor apportionment and economic nexus trends, continue to plague corner office decision-makers and the practitioners who counsel them. [See "Experts: Economic Nexus and Single... Read More