Tax Law

Recent Posts

Pump the Brakes: North Carolina Supreme Court Determines that Brake-Pad Manufacturer Does Not Qualify for Special Apportionment Rule for Public Utilities
Posted on 6 Jul 2020 by Eversheds Sutherland LLP

The North Carolina Supreme Court affirmed a lower court decision that held that a manufacturer of brake pads used by railroads did not qualify for an exception to the state’s standard three-factor apportionment formula that allows “public utilities” to... Read More

Principally Engaged: New York Looks to 50% of Gross Receipts for Determining Filing Status
Posted on 14 May 2020 by Eversheds Sutherland LLP

The New York Department of Taxation and Finance recently published an advisory opinion stating that a taxpayer’s New York corporate income tax filing status should be determined by “what activity [a taxpayer] is principally engaged in” and by whether... Read More

Massachusetts ATB Finds that Indiana Utility Receipts Tax Not a Deductible Transaction Tax for Massachusetts Corporate Excise Tax
Posted on 30 Jan 2019 by Eversheds Sutherland LLP

The Massachusetts Appellate Tax Board disallowed a deduction for Indiana utility receipts tax (URT) paid by a natural gas distribution operator with operations in Indiana. The deduction for the URT was disallowed, for purposes of computing Massachusetts... Read More

Wind Farm Battery System Not Eligible for Manufacturing Exemption in Texas
Posted on 14 Dec 2018 by Eversheds Sutherland LLP

The Texas Comptroller ruled that the purchase of a battery system did not qualify for the manufacturing exemption from Texas sales and use taxes because it was used to store electricity, not manufacture it. The taxpayer operated a wind farm and began... Read More

Private Letter Ruling Issued Addressing the Public Benefit Exception Under IRC Section 118(b) Relating to Contributions in Aid of Construction
Posted on 22 Jul 2010 by Martha G Pugh, Philip Tingle, Madeline M Chiampou

A Private Letter Ruling, particularly important to utility companies that receive payments to facilitate the relocation of transmission equipment, was recently issued. A Private Letter Ruling (PLR), particularly important to utility companies... Read More