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 (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.

State Tax Knowledge Update (37 items) - Sept 21, 2017

The following are state tax and business developments I have curated since September 12th, 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. VA sourcing rules constitutional IPA where work performed

2. AL group may use NOLs generated before consolidated election

3. State Rundown 9/13: The Year of Unprecedented State Budget Impasses Continues

4. Comments on South Dakota’s Challenge to Quill

5. Domestic tax quarterly webcast series: a focus on state tax matters

6. South Dakota Supreme Court – Sales tax economic nexus provisions unconstitutional; appeal to US Supreme Court expected

7. Virginia Denies Alternative Market Approach for Sourcing Sales

8. South Dakota Supreme Court Rules in Favor of Remote Retailers; Next Step US Supreme Court?

9. Florida Provides Guidance Regarding Sourcing of Services for Income Tax Purposes

10. Pennsylvania Department of Revenue Attempts to Tax Information Retrieval Services: An Overview of Letter Ruling SUT-17-002

11. Foxconn Tax Credit Package Enacted in Wisconsin

12. Zapper Fraud Case Results in Mandatory Real-Time Monitoring

13. INDIVIDUAL INCOME INSIGHTS: CHECKING UP ON CHECKOFFS

14. CORPORATE CLOSE-UP: VIRGINIA COURT DENIES CORPORATION USE OF ALTERNATIVE METHOD OF APPORTIONMENT

15. PROPERTY TAX POST: ARE STATES TAKING THEIR TAKINGS POWER TOO FAR?

16. CORPORATE CLOSE-UP: ILLINOIS (FINALLY!) FINALIZES MARKET-BASED SOURCING REGULATIONS

17. INDIVIDUAL INCOME TAX INSIGHTS: INCOME TAX CONSEQUENCES OF NONRESIDENT TELECOMMUTING

18. CORPORATE CLOSE-UP: THE FTB’S SMALL CAP SOLUTION TO ALLEGED FINANCIAL AND NON-FINANCIAL COMBINED REPORTING APPORTIONMENT DISTORTION

19. CORPORATE CLOSE-UP: DELAWARE CONTINUES DEVELOPING UNCLAIMED PROPERTY RULES

20. State Tax Filing Relief for Victims of Hurricanes Harvey and Irma

21. Examining the Potential Tax Implications of Streaming Video Distribution

22. Alabama Appellate Court Affirms that Certain Separate Company NOL Carryforwards Can Be Claimed on Consolidated Return

23. New Delaware Law Includes Retroactive Tax Law Changes for Series Captive Insurance Companies

24. Illinois Tax Tribunal Holds that Insurance Premium Financing Subs Must File as Part of Combined Return for Financial Organizations

25. New Mississippi Law Allows Department of Revenue to Contract with Third-Party Auditors on a Contingent Fee Basis

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

27. Pennsylvania Trial Court Finds NOL Cap is Unconstitutional

28. Tennessee DOR Issues Chart and Examples Depicting Apportionment Calculations Under Various Elections

29. Virginia Circuit Court Denies Alternative Apportionment Request and Upholds Validity of Standard Cost-of-Performance Method to Apportion Income from Subscription-Based Services

30. Massachusetts DOR Finalizes New Regulation Adopting Bright Line Nexus for Some Remote Sellers

31. Proposed Amended Ohio Rule Addresses Bad Debts, Assignment of Accounts Receivables, and Financing Companies

32. Illinois DOR Proposes Use Tax Nexus Standards for Trade Show Retailers

33. DON'T MISS the 24th Annual Paul J. Hartman SALT Forum

34. 2017 Oregon Legislative Tax Update

35. How Much Does Your State Collect in Corporate Income Taxes Per Capita?

36. REMINDER: Supreme Court to Consider West Virginia Tax Credits Case

37. Maine: 2017 Legislative Changes

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.

30 State Tax & Business Developments You May Want to Know - August 26, 2017

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

1. KPMG TWIST Podcasts for week of August 21, 2017

2. Texas Amnesty Program Beginning September 1, 2017

3. Texas: Time to file a petition or request a hearing extended starting September 1, 2017

4. Texas Involvement in MTC Online Marketplace Seller VDI

5. The Impact of New Use Tax Reporting Laws for the Future of State and Local Taxes

6. Can You Pay Me Now? Verizon Refunding Taxes in New York

7. States Should Adopt a Version of Colorado’s Remote Sales Tax Law

8. The Many Reasons for the Seattle Income Tax

9. Budget and Tax Center: Costly Tax Cuts in New State Budget Continue Precarious Road Ahead for North Carolina

10. Expect the Unexpected: Nuances of Unclaimed Property Oil and Gas Reporting

11. Ohio enacts several economic development changes

12. State Rundown 8/23: Few Lingering Budget Debates Cannot Linger Much Longer

13. Illinois Proposes Trade-Show Sales Tax Nexus Law

14. Illinois amended regulations provide market-based sourcing guidance and other changes

15. Virginia Circuit Court Rules BPOL Tax in Violation of Import-Export Clause

16. MultiState's Local Policy Digest explores the top legislative developments from municipalities across the U.S.

17. Oklahoma Tax Commission Reminds that Amnesty Program Begins September 1

18. New Texas Law Requires Comptroller to Establish a Tax Amnesty Program Providing for Waiver of penalty or interest, or both

19. Illinois Department of Revenue Publishes Amended Apportionment Rules

20. A Closer Look at New York Draft Proposed Regulations under Article 9-A Business Corporation Franchise Tax Under Subpart 3-9

21. Software Company Royalties Received from Out-of-State OEMs Are Excluded from Sales Factor Numerator in Wisconsin

22. BLOOMBERG BNA Q&A WITH ALSTON & BIRD’S ZACH GLADNEY: PASS-THROUGH ENTITIES NEXT IN LINE FOR NEXUS ISSUES

23. SALES TAX SLICE: 5 THINGS AMAZON FULFILLMENT SELLERS SHOULD KNOW ABOUT THE MTC’S NEW VOLUNTARY DISCLOSURE INITIATIVE

24. CORPORATE CLOSE-UP: OREGON FOLLOWS MTC IN ADOPTING MARKET-BASED SOURCING AND APPORTIONABLE INCOME DEFINITION

25. SALES TAX SLICE: ‘INTERNET TAXES’ EXPLAINED

26. 2017 mid-year sales tax changes

27. The 3 secrets for managing your Amazon inventory

28. The FBA sales tax amnesty program explained

29. The importance of learning what does NOT need to be done, and other things.

30. Don’t Be Lazy: The Billable Hour Has Survived For A Reason Probably the biggest mistake most new lawyers make is that they don’t put in the work.

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 LS 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.

27 State Tax & Business Developments You May Want to Know - August 9, 2017

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

1. Michigan enacts Good Jobs for Michigan incentive program

2. California extends partial sales and use tax exemption for manufacturing and research and development equipment

3. Finishing SALT: Inside SALT’s Monthly Recap

4. Strategies for Managing State Debt

5. State Rundown 8/2: Legislative Tax Debates Wind Down as Ballot Initiative Efforts Ramp Up

6. Where States Get Their Money

7. Marketplace Seller Past Taxes Potentially Pardoned Under Plan

8. Board of Tax Appeals Decision a Real CATastrophe for Georgia-Based Wholesaler

9. California Appellate Court – Stock in a company that was integral to taxpayer’s business may be converted to nonbusiness investment prior to its sale

10. Texas Comptroller Revises Its Policy on Business Loss Carryforwards

11. New York City Tax on Rents Causing Trouble

12. Delaware Department of Finance Issues a Revised Proposed Reporting and Examination Manual

13. Minnesota Supreme Court - Disregarded foreign entity included in domestic owner’s combined group for pre-2013 years

14. CORPORATE CLOSE-UP: WHEN IS OWNERSHIP OF A SUBSIDIARY’S STOCK INTEGRAL TO A TAXPAYER’S TRADE OR BUSINESS?

15. Rhode Island Adds Requirements for Remote Retailers

16. Rhode Island Authorizes Tax Amnesty Program

17. Oregon Repeals Functional Test for Apportioned Income

18. Oklahoma Tax Amnesty Rules Issued

19. Ohio’s Commercial Activity Tax Applies to Forward Contracts

20. August 04, 2017 Illinois Appellate Court Issues Decision on Temporary Storage Exemption

21. Eversheds Sutherland SALT Shaker: July 2017 Digest

22. Finishing SALT: Inside SALT’s Monthly Recap

23. MTC Offers 16 State Marketplace Seller Amnesty Initiative

24. Pennsylvania Letter Ruling Holds Information Retrieval Products (online research services) Subject to Sales Tax

25. Rhode Island Issues Sales Tax Notice to "Retail Facilitators"

26. Check out Rhode Island's Site for Various Sales Tax Notices to Remote/Online Retailers/ Facilitators/Referrers, etc.

27. State sourcing income rules and considerations for hedge and private equity funds

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 LS 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.

21 State Tax & Business Developments You May Want to Know - July 17, 2017

During the past few weeks, state legislatures ended their sessions with many changes and many problems left unanswered. I've also been traveling lately for work and personal reasons, and haven't posted in a while. To make up for it and provide some useful information, I posted several tax developments in the LEVERAGE SALT LinkedIn group that you may find helpful:

1. State Tax Changes Taking Effect July 1, 2017
2. Sales and Use Tax Compliance Legislation was a Big State Tax Trend This Year
3. State and Local Sales Tax Rates, Midyear 2017
4. Ten States Begin FY2018 Without Budget In Place
5. State Rundown 7/11: Some Legislatures Get Long Holiday Weekends, Others Work Overtime
6. Should the Corporate Rate and the Pass-Through Rate Be Identical?
7. With Veto Override, Illinois Legislature Abandons Reform Efforts
8. Important Announcement from the California Department of Tax and Fee Administration, Formerly Part of the California State Board of Equalization
9. $75 Million Available During the First Application Period in the California Competes Tax Credit Program’s Final Year
10. What Is Minimal Substantial Nexus?
11. Illinois Passes a Budget, But it's No Time to Celebrate
12. State Tax Quarterly Insights April to June 2017
13. Illinois – Corporate rate increase, repeal of separate unitary groups for certain industries, R&D credit retroactively reinstated, IRC 199 addback required, and other tax changes
14. Tax Changes Implemented As Part of Revenue Package Supporting Illinois Budget
15. North Carolina Legislature Overrides Governor Veto of Budget Bill
16. Should Corporations Pay Higher State Income Tax? Are Corporations Paying a Small % of State Income Tax Because of Credits & Incentives?
17. Oregon Adopts Market Based Sourcing
18. New Ohio Law Includes Amnesty Program with Potential 100 Percent Penalty Waiver and 50 Percent Interest Waive

19. A Closer Look at NY Draft Proposed Regulations under Article 9-A Business Corporation Franchise Tax Under Subpart 3-9 - Computation of the UNOL

20. Illinois 2017–2018 state budget bill enacted | Deloitte US

21. Ohio fiscal year 2018–2019 budget bill enacted | Deloitte US