State Tax Knowledge Update (34 items ) - December 12, 2017

I hope you are having a great holiday season and are remaining calm and enjoying it. I know it isn't easy. So many things going on this month and then trying to get work done, and the constant tax reform talk providing uncertainty. BUT it will calm down at some point. Just remember, life is too short to stress about things that don't really matter. The key is knowing what matters and what doesn't - that is true for both work and in life. As they say, "don't major in minors." 

The following are state tax and business developments I have curated since November 18, and posted in the LEVERAGE SALT LinkedIn group:

Some of the items may be on the same state/issue/topic, but they are from different sources which may give you a broader perspective to help your company or client.

1. Weekly Round-Up: News from MTC’s National Conference

2. A presentation on Residence and Domicile -Principles and Practice

3. Pennsylvania Issues Guidance on NOL Deduction

4. Connecticut to Implement App and “Cookie” Nexus

5. New York Denied Deduction for Rental Losses

6. Small-Business Owners Allege Tax Plan Bias

7. Taxes Intercept Millions From NFL Players’ Salaries

8. Corporate Close-Up: Utah Clarifies Definition of Foreign Operating Companies and Rules on Inclusion of Proceeds from Buy-Sell Agreements in Receipts Factor

9. California Competes tax credit program - $100 million in tax credits available

10. Pennsylvania - Refund limitation period starts when liability fully paid-in

11. Practice and Procedure: California Tax Appeals Office Races to the Finish Line on Finalizing Procedure Rules

12. New Jersey – No addback for worldwide income; treaty protections respected

13. Illinois Franchise Tax Relief on the Horizon

14. Massachusetts Denies Sales Factor COP Determination

15. Sale of Business Excluded From Sales Factor on California Return

16. Global Talks on Taxing Digital Economy a Worry for U.S.

17. Pennsylvania Supreme Court holds statute of limitations for corporate tax refunds is three years from the original due date of a return

18. Rhode Island's tax amnesty program begins December 1, 2017

19. State Income Tax Implications of Base Broadening Components of House and Senate Tax Reform Bills

20. 2017 Interim Report on State Taxation

21. California FTB Chief Counsel Ruling Addresses Whether Sales from Certain Business Divestures Can be Excluded from Sales Factor

22. California FTB Issues Proposed Regulations on How Credits are Allocated Among Members of Combined Reporting Group when Defective Election Occurs

23. New Connecticut Law Postpones Start of Claimant Period for Combined Reporting-Related ASC 740 Deduction

24. Virginia Department of Taxation Ruling Holds that Online Marketplace Operator is Not a Dealer for Sales Tax Collection and Remittance Purposes

25. New York Appellate Court Holds that Purchased Competitor Pricing Reports are Information Services that Qualify for Exclusion

26. Illinois - right to tax refund cannot be assigned to third-party lenders

27. Indiana Tax Court rules on sourcing of online educational service

28. KEEP WATCH ON MTC Use Tax Information Reporting Work Group

29. Rhode Island Division of Taxation Issues Guidance on Amnesty Program that Began December 1

30. California FTB Explains Application of Throwback Rule to Taxpayer Filing Certain Gross Receipts-Type and Franchise Tax Returns

31. Colorado Appellate Court Affirms that Domestic Subsidiary Holding Company Owning Stock in Foreign Entity is Not Required to be Included on Combined Return

32. Indiana Tax Court Rejects DOR Attempt to Source Receipts from Online Revenue Based on Location of Market

33. Washington Adopts Business and Occupation Tax Rule for Apportioning Financial Institution Income

34. Federal Courts Determine OTCs’ Service Fees not Subject to Hotel Occupancy Taxes - Horwood Marcus & Berk

The above represents 'general curating' of state tax developments into one spot. If you still feel overwhelmed by the volume of state tax developments, please consider my 'custom curating' service. Meaning, clients hire LEVERAGE SALT to daily curate state tax developments relating to a specific industry, state(s), tax type and issue. You can make it as granular as you prefer. This allows you to reduce information overload, and only get the information you need to help your clients or company. This service is provided on a fixed-fee or subscription basis. Contact me at strahle@leveragesalt.com.

State Tax Knowledge Update (36 items) - November 18, 2017

The following are state tax and business developments I have curated since November 8, and posted in the LEVERAGE SALT LinkedIn group:

Some of the items may be on the same state/issue/topic, but they are from different sources which may give you a broader perspective to help your company or client.

1. $100 Million Available During Second Application Period in the California Competes Tax Credit Program’s Final Year

2. Tennessee Issues Notice on Intangible Expense Deduction

3. VERMONT BULLETIN: Corporate and Business Income Tax Nexus, Filing Requirements, and Minimum Tax Liability

4. Corporate Close-Up: Impending Federal Tax Reform and its Rippling Effect on State Corporate Taxation

5. Incentives Watch: Federal Tax Reform Pumps the Brakes on Electric Car Incentives; States Zoom Ahead

6. SALT Implications of the House and Senate Tax Reform Bill

7. Colorado Court of Appeals Held that Out-of-State Holding Company is Not Included in Combined Report

8. Watch Your Step: New York City Real Property Transfer Tax Imposed Under Step Transaction Doctrine

9. New California Office of Tax Appeals Discusses Emergency Regulations

10. Nice resource/summary for Tennessee taxes

11. Tennessee sales tax guide by TaxJar for online sellers

12. Rhode Island Division of Taxation Launches Website for Upcoming Amnesty Program that Begins December 1

13. Minnesota DOR Acquiesces to Recent Tax Court Ruling Involving NOL Carryovers and IRC § 382 Limitation

14. California FTB Issues Proposed Rule Changes on the Apportionment and Allocation of Partnership Income for Corporate Tax Purposes

15. Colorado Appellate Court Affirms that Foreign Subsidiary is Not Required to be Included on Combined Return

16. Oregon DOR Proposes Various Administrative Rule Changes, Including Reflection of New Law that Implements Market-Based Sourcing on Sales of Non-TPP

17. Colorado DOR Issues Compliance Guidance on Some Remote Seller Notice and Reporting Requirements

18. Mississippi DOR Adopts New Rule Requiring Some Out-of-State Sellers with Substantial Economic Presence to Collect Use Tax on In-State Sales

19. August 3 Enforcement Date Added to Recent Pennsylvania Ruling Holding that Certain Online Information Retrieval Products Constitute Taxable TPP

20. The Still-Rising Tide - Will Investment Managers Be Swept Up in State Income Tax Trends

21. Ohio Department of Taxation Launches Amnesty Program Website

22. Amended Regulations Reflect Recent Montana Law Changes that Expand Waiver of Composite Return or Withholding for Domestic Second-Tier Pass-Through Entities

23. Tennessee DOR Explains Updated Requirements for Claiming Intercompany Intangible Expense Deduction

24. Vermont Department of Taxes Issues Draft Nexus Bulletin - Comments Must be Received by December 8

25. Tennessee DOR Holds that True Object of Subscriptions for Cloud-Based Scheduling Services is Taxable Remotely Accessed Software

26. AB 398 expands California’s partial sales and use tax exemption

27. Illinois EDGE tax credit program restored

28. Local Policy Digest

29. EY State income and franchise tax Quarterly update

30. Ernst & Young LLP Sales and Use Tax Quarterly Update

31. New York income tax withholding audits on the rise

32. Coping with the tax challenges of relocation and mobility

33. California OTA stakeholder meeting to comment on draft emergency regs

34. State tax implications of federal tax reform: Repatriation toll charge

35. State tax implications of federal tax reform: Interest expense deduction limitations

36. State tax implications of federal tax reform: Full expensing

The above represents 'general curating' of state tax developments into one spot. If you still feel overwhelmed by the volume of state tax developments, please consider my 'custom curating' service. Meaning, clients hire LEVERAGE SALT to daily curate state tax developments relating to a specific industry, state(s), tax type and issue. You can make it as granular as you prefer. This allows you to reduce information overload, and only get the information you need to help your clients or company. This service is provided on a fixed-fee or subscription basis. Contact me at strahle@leveragesalt.com.

State Tax Knowledge Update (24 Items) - November 8, 2017

The following are state tax and business developments I have curated since October 24, and posted in the LEVERAGE SALT LinkedIn group:

Some of the items may be on the same state/issue/topic, but they are from different sources which may give you a broader perspective to help your company or client.

1. State Rundown 10/25: Marijuana Taxes a Bright Spot amid Underperforming State Revenues

2. TN ruling: single-member LLCs owned by a partnership are exempt from Tennessee Franchise & Excise Tax. The partnership is subject to the TN franchise & excise tax

3. Bloomberg BNA’s 2017 Trust State Tax Nexus Survey

4. The State Tax Function and Emerging Technologies

5. California OTA Proposes Draft Emergency Regulations on Administration and Procedures for Appeals and Petitions for Rehearing

6. California FTB Now Permitting Oral Presentations in Petitioning for Use of Alternative Apportionment

7. Maryland Tax Court Holds that Out-of-State Loaning Subsidiary Has Nexus Based on Relationship with In-State Parent

8. Ohio Issues and Updates Bulletins Pursuant to New Law that Includes a 500K USD Gross Receipts Nexus Threshold

9. California A.B. 131 enacted | Deloitte US

10. State Rundown 11/1: Connecticut Balances Budget, Leaves Tax Code Out of Whack

11. New Connecticut Law Provides for Fresh Start Program that Permits Potential Waiver of Most Penalties and 50 Percent Interest

12. New Connecticut Law Revises Claimant Period for Combined Reporting-Related ASC 740 Deduction

13. Florida DOR Proposes Administrative Rule Changes Reflecting New Law on Return Filing and Payment Due Dates

14. Massachusetts DOR Issues Ruling on Net Worth Calculation Where Subsidiaries are Owned Indirectly through a Pass-Through Entity

15. New Pennsylvania Law Revises NOL Carryover Deduction Limitation and Reflects State Supreme Court Ruling on NOL Carryovers

16. Tennessee DOR Explains that Federally Disregarded SMLLCs of Partnerships Are Classified as Partnerships for Purposes of Qualifying for Certain Franchise and Excise Tax Exemption

17. New Pennsylvania Law Imposes Information Reporting Notice Requirements on Some Remote Sellers, Including Marketplace Facilitators

18. California’s New Office of Tax Appeals Issues Preliminary Draft of Procedural Rules that Is Silent on Discovery Matters

19. 2017 State Ballot Measures Preview: Taxes

20. October Tax Retrospective: Two Down, One to Go

21. WEBINAR: State-Specific Property and Other Tax Challenges Affecting Data Centers Coast to Coast

22. Pennsylvania net loss carryover modified, remote seller sales tax notice

23. Finishing SALT: Inside SALT’s Monthly Recap

24. State tax implications of federal tax reform

The above represents 'general curating' of state tax developments into one spot. If you still feel overwhelmed by the volume of state tax developments, please consider my 'custom curating' service. Meaning, clients hire LEVERAGE SALT to daily curate state tax developments relating to a specific industry, state(s), tax type and issue. You can make it as granular as you prefer. This allows you to reduce information overload, and only get the information you need to help your clients or company. This service is provided on a fixed-fee or subscription basis. Contact me at strahle@leveragesalt.com.

State Tax Knowledge Update (29 items) - October 24, 2017

The following are state tax and business developments I have curated since October 16, and posted in the LEVERAGE SALT LinkedIn group:

Some of the items may be on the same state/issue/topic, but they are from different sources which may give you a broader perspective to help your company or client.

1. Nexus New Jersey limited partner actively operating partnership

2. Louisiana Voters Approve Tax & Transportation Amendments

3. Pennsylvania loss carryover unconstitutional remedy percentage

4. Tax Foundation Updates Its Problematic Wishlist for State Tax Policy

5. The Jig Is Up: Republican Budget Resolution Finally Admits that Deficit Will Soar Under their Tax Plan

6. The Dishonest Pitch for Trump-GOP Tax Cuts

7. The Corporate Tax Code is in Dire Shape, But Trump-GOP Plan Would Make It Worse

8. State Rundown 10/18: Ballot Initiative Efforts Being Finalized

9. Inaugural Seattle Tax in the City® | Highlights and Takeaways

10. Local Policy Digest

11. Weak Growth in State Tax Revenue Persists in 2017

12. States' Tax Portfolios Drive Differences in Revenue Volatility

13. Sales Tax Rates in Major Cities, Midyear 2017

14. 2018 State Business Tax Climate Index

15. California FTB Expands Treatment Set Forth in Previous Notice on Water-Edge Elections for Non-electing Unitary Foreign Affiliates

16. District of Columbia OTR Informally Comments on Market-Sourcing of Sales of Non-TPP

17. Massachusetts DOR Issues Working Draft of Amendments to Regulation on Corporate Excise Tax Nexus

18. Montana DOR Issues Proposed Regulations Based on New Market-Sourcing, NOL, and Financial Institution Apportionment Provisions

19. New Jersey Tax Court Upholds CBT Assessment Issued Against Out-of-State Corporate Limited Partner on Passthrough Income Received from Real Estate Partnerships

20. Pennsylvania Supreme Court Affirms that Fixed-Dollar Cap on NOL Carryover Deduction is Unconstitutional, But Finds that Percentage Cap is Valid

21. Maine Revenue Services Discusses New Economic Nexus Provisions, Along with Existing Affiliate and Click-Through Nexus Provisions

22. Comments on Proposed New Mississippi Rule Requiring Out-of-State Sellers with Substantial Economic Presence to Collect Use Tax on In-State Sales are Due October 30

23. New York City State Appellate Court Affirms that Taxpayer is Subject to Tax in RPTT Matter

24. Wave of Amazon HQ2 Bids Unlike Anything Experts Have Seen

25. The State Tax Function and Emerging Technologies: Now Is the Time

26. Airbnb to File New Hampshire Returns for Hosts

27. MD Imposed Tax on MI Subsidiary’s Intercompany Loan Interest

28. Out-of-State Taxpayer Liable for NM Gross Receipts Tax

29. Remote work is still good business

The above represents 'general curating' of state tax developments into one spot. If you still feel overwhelmed by the volume of state tax developments, please consider my 'custom curating' service. Meaning, clients hire LEVERAGE SALT to daily curate state tax developments relating to a specific industry, state(s), tax type and issue. You can make it as granular as you prefer. This allows you to reduce information overload, and only get the information you need to help your clients or company. This service is provided on a fixed-fee or subscription basis. Contact me at strahle@leveragesalt.com.

State Tax Knowledge Update (30 Items)- October 16, 2017

The following are state tax and business developments I have curated since October 2nd, and posted in the LEVERAGE SALT LinkedIn group:

Some of the items may be on the same state/issue/topic, but they are from different sources which may give you a broader perspective to help your company or client.

1. South Dakota Petitions US Supreme Court for Opportunity to Overturn Quill

2. California Expands Tax Amnesty Program

3. Rhode Island Tax Amnesty Program Highlighted

4. Goodwill Was Business Asset for California’s Deemed Water’s Edge Election

5. New CA Apportionment Regulation for Space Transport Companies

6. Law schools need to introduce social learning. Accounting and tax programs do as well.

7. California expands its voluntary disclosure program to include certain flow-throughs

8. Third quarter 2017 state and local tax developments

9. 9 facts about pass-through businesses

10. Taxpayer Challenges Department Authority to Adjust NOL Carryforward, When NOL Was Generated in Tax Years Otherwise Closed by Statute

11. GOP Corporate Tax Reform Proposals Hold State Tax Implications

12. Urgency for State Model on Partnership Audit Adjustments

13. Coalition Firm on State Tax Deduction Amid Compromise Talks

14. Sales Tax Slice: Federal Tax Reform Likely to Affect Sales Tax As Well

15. How AI Impacts the Tax Function

16. South Dakota v Wayfair: Three Maps

17. Tax Bill Momentum Tied to Deal on State and Local Deduction

18. Tax Reform Timetable Could Be Tricky For States

19. Current Economic Conditions of States

20. Eversheds Sutherland SALT Shaker: September 2017 Digest

21. In the Matter of Product of Conagra Foods Ingredient Co., New Mexico Administrative Hearing Office, Dkt. No. 17-39, September 15, 2017

22. DAILY SALES TAX COLLECTION SYSTEM COULD COST MASSACHUSETTS BUSINESSES $1.2 BILLION

23. Comments to Massachusetts DOR re. Accelerated Sales Tax Remittance

24. MTC National Nexus Program Online Marketplace Seller Voluntary Disclosure Initiative Has Been Extended Through November 1

25. Minnesota DOR Explains Impact of Recent State Supreme Court Decision - Inclusion of Foreign Disregarded Entity Income and Apportionment Factors on Combined Return

26. Portland City Administrative Rule Implements New Business Income Tax Surcharge Based on Pay Differentials between CEOs and Median Employees

27. Texas Comptroller Issues Amended Administrative Rule Reflecting Revised Policy on Combined Group Franchise Tax Extensions

28. District of Columbia OTR Discusses Taxation of Digital Goods

29. Wyoming DOR Announces that it Cannot Enforce New Economic Nexus Law Imposing Remote Seller Tax Collection Responsibilities During Pendency of Legal Action

30. Gift Season is Upon Us, But It's a Year-Round Concern

The above represents 'general curating' of state tax developments into one spot. If you still feel overwhelmed by the volume of state tax developments, please consider my 'custom curating' service. Meaning, clients hire LEVERAGE SALT to daily curate state tax developments relating to a specific industry, state(s), tax type and issue. You can make it as granular as you prefer. This allows you to reduce information overload, and only get the information you need to help your clients or company. This service is provided on a fixed-fee or subscription basis. Contact me at strahle@leveragesalt.com.

State Tax Knowledge Update (27 items)- October 2, 2017

The following are state tax and business developments I have curated since September 21st, and posted in the LEVERAGE SALT LinkedIn group:

Some of the items may be on the same state/issue/topic, but they are from different sources which may give you a broader perspective to help your company or client.

1. PRACTICE AND PROCEDURE: STATES KEEP TAXPAYERS AFLOAT BY PROVIDING TAX RELIEF FOR HARVEY AND IRMA VICTIMS

2. Cuomo Announces New Amazon Office in New York City will Create 2,000 Jobs

3. Whole Foods Told To Pay $3.5M On Add-Backs Per NY Tax Law

4. California holds IPM on withholding for pass through entities

5. State Tax Developments: Captives

6. Wisconsin Eliminates Alternative Minimum Tax

7. Alaska 80% DRD for dividends received from 80 20 company

8. State sales tax could be costing Nashville tech jobs

9. Multistate Insider: Local Policy Digest

10. California Governor Signs Cleanup Legislation Related to Restructuring of State BOE and New OTA

11. Virginia Governor Reminds that Amnesty Program Has Begun

12. New York Extends Gramm-Leach Bliley Transition Rules for Certain New York City Financial Institutions

13. New York City Tax Appeals Tribunal Requires Taxpayer to Recognize Property Gain on Final Tax Return

14. Taxpayer Asks US Supreme Court to Review Florida Supreme Court Holding Which Held that Taxing Satellite Services Versus Cable TV Services at Different Rates is Constitutionally Valid

15. Amended Oklahoma Rules Reflect Remote Seller and Affiliate Nexus Provisions

16. South Dakota Supreme Court Affirms that Remote Seller Economic Nexus Law is Unconstitutional

17. Wisconsin Governor Signs Budget Bill with Various Tax Law Changes Including Updated State Conformity to IRC, Revised Sourcing and Apportionment Provisions, and NOL Limitations

18. Proposed Alabama Amended Rule Reflects New Law that Includes Loans and Credit Card Receivables in Property Factor for FIET Purposes

19. California FTB Chief Counsel Ruling Addresses Impact of Recorded Goodwill for Deemed Water-Edge Election Business Assets Test

20. New Mexico AHO Holds in Taxpayer Favor that Interest Income from Payment-in-Kind Notes is Nonbusiness Income Allocable Out-of-State

21. North Carolina Supreme Court Affirms that Taxpayer Cannot Claim Interest Deduction for Market Discount Income on Discounted US Bonds

22. Illinois Appellate Court Holds that Internet Retailer Lacks Substantial Nexus and Thus Not Liable for Use Tax

23. Massachusetts Supreme Judicial Court Affirms that Wholesale Distributor Must Collect and Remit Tax on Goods Sold to Out-of-State Retailers in Drop Shipment Scenarios

24. Holders Beware: Delaware Department of State Notices to be Mailed in Two Weeks!

25. Why Does Missouri Want a Gross Receipts Tax?

26. Ohio’s Commercial Activity Tax: A Reappraisal

27. State and Local Tax Aspects of Republican Tax Reform Framework

The above represents 'general curating' of state tax developments into one spot. If you still feel overwhelmed by the volume of state tax developments, please consider my 'custom curating' service. Meaning, clients hire LEVERAGE SALT to daily curate state tax developments relating to a specific industry, state(s), tax type and issue. You can make it as granular as you prefer. This allows you to reduce information overload, and only get the information you need to help your clients or company. This service is provided on a fixed-fee or subscription basis. Contact me at strahle@leveragesalt.com.