Cloud Computing

STATE TAX KNOWLEDGE UPDATE (54 ITEMS) - JULY 3, 2018

The following are state tax and business developments I have curated since June 11th, 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. High Court Will Not Review Pennsylvania NLC Carryover Decision

  2. North Carolina Budget Bill Makes Major Tax Changes, Updates Conformity

  3. Colorado Issues IRC Sec. 965 Repatriation Transition Tax Guidance

  4. Connecticut Issues Guidance on Pass-Through Entity Tax

  5. Connecticut Issues Guidance on Bonus Depreciation Changes

  6. Hawaii Enacts Sales Thresholds for Sales Tax

  7. Hawaii Updates IRC Conformity for 2018

  8. Chicago Tax on Streaming Services Upheld

  9. Virginia Enacts Biennial Budget Legislation

  10. Are High Court Tax Precedents Set in Stone After 25 Years?

  11. DON'T PANIC - Physical Presence No Longer Matters in Determining Whether A Company is Required to Collect Sales Tax

  12. North Dakota Remote Seller Thresholds Take Effect With Quill Overturn

  13. Louisiana Enacts Remote Seller Law

  14. Minnesota Offers Wayfair Guidance

  15. What will non-streamlined sales tax states do??

  16. STOP THE USE TAX NOTICE AND REPORTING LAWS!!!!

  17. California OTA Issues Revised Draft Proposed Permanent Regulations on Administration and Procedures of Appeals and Petitions for Rehearing

  18. Louisiana: New Law Clarifies that Certain Reductions and/or Suspensions of Tax Benefits, Credits, and Exemptions Enacted via 2015 Legislative Changes were Temporary

  19. North Carolina: New Law Updates State Conformity to IRC, Responds to Some Provisions of the Federal 2017 Tax Act, and Revises Sales Factor Sourcing Rules

  20. US Supreme Court Denies Taxpayer’s Request to Review 2017 Pennsylvania Supreme Court Ruling on NOL Carryovers

  21. Rhode Island Division of Taxation Releases Guidance on Treatment of IRC Sec. 965 Income for C Corporations, and Accompanying Proposed New Regulation

  22. Texas Appellate Court Holds that Taxpayer Provides Services Rather than “Goods” for Purposes of Calculating Deductible Costs of Goods Sold under Franchise Tax

  23. Alabama Issues IRC Sec. 965 Repatriation Income Guidance

  24. Decoupling Bill Sent to New Jersey Governor

  25. New Jersey Legislature Passes Tax Amnesty Bill

  26. Rhode Island Budget Bill Amends Personal Exemptions, Credits

  27. Connecticut Creates Deduction for Venture Capital Income

  28. Iowa Offers Wayfair Guidance

  29. Louisiana Decreases Sales Tax Rate

  30. New Jersey Legislature Passes Alternative Surtax and Decoupling Bill

  31. Massachusetts Bill Creates Family and Medical Leave Payroll Tax

  32. Remote Sellers Not Yet Required to Collect Tax From South Dakota Buyers

  33. Vermont’s Remote Seller Law Takes Effect July 1

  34. Corporate Close-Up: Colorado Latest State to Enact Market-Based Sourcing

  35. Hawaii Explains Nexus Thresholds

  36. Kentucky Provides Wayfair Guidance

  37. Rhode Island Outlines Remote Seller Registration Options

  38. Vermont Reduces Rates, Updates IRC Conformity

  39. Idaho Is Reviewing Impact of Wayfair Decision

  40. New Hampshire Responds to Wayfair Decision

  41. Pennsylvania Decouples Corporate Income Tax from Federal Bonus Depreciation

  42. NCSL says states should ensure that they are fully prepared before begin enforcing their sales tax laws on remote sellers

  43. New Jersey Enacts Tax Amnesty Bill

  44. New Jersey Enacts Surtax, Combined Reporting, and Decoupling

  45. Colorado DOR Discusses State Treatment of Foreign Earnings Subject to New Federal Transition Tax under IRC §965

  46. Hawaii: New Law Updates State Conformity to Internal Revenue Code, Responds to Some Provisions of the Federal 2017 Tax Act

  47. Illinois DOR Issues Proposed Amended and New Rules on Prior Year NOL Suspensions and Special NOL Computation Rules

  48. New York: Draft Proposed Article 9-A Franchise Tax Regulations Issued on Corporations Subject to Tax

  49. New Jersey Appellate Court Affirms that IRC Tax Attribute Reductions May Not be Reversed

  50. Alabama DOR Issues Additional Guidance on IRC Sec. 965 Transition Tax’s Impact on State Tax Returns

  51. California: FTB Explains New Policy Prohibiting Certain Ex Parte Communications Involving Alternative Apportionment Petition Hearings

  52. Rhode Island: New Law Grants State Tax Administrator Additional Authority in Light of Federal 2017 Tax Act

  53. Louisiana: New Law Includes Tax Rate Reduction and Various other Changes

  54. Rhode Island: New Law Imposes Tax on Sales of Software as a Service (SaaS)

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 issueYou 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.

YEAR-END TAX PLANNING: DON'T FORGET THE SALT

I have been swamped the past month with work and finishing our 6-month house renovation, so please forgive me for not posting as often. 2017 will be different. Looking to do great and different things in the world of state taxation next year. We are planning on moving-in this weekend (before Christmas - YES!). If you are considering renovating a house, feel free to contact me. I will give advice and my story. It may be helpful, or not.

In the midst of the chaos, I thought I would send out my annual year-end state tax planning list. Its strange, but predictable, that the list hasn't really changed from year-to-year. 

The following is a brief list of some actions you may want to take RIGHT NOW:

  1. Nexus and FIN 48: At this time of year, it is a good time for companies to address their nexus position in advance of their FIN 48 analysis. Operations may also be able to be restructured. If your company or client utilizes telecommuting employees or independent contractors and hasn’t addressed their nexus position in a while, this may be a good time. Also, more states have adopted economic nexus standards and “bright line” nexus standards that may come into play.
  2. Sales and Use Tax: It is also a good time to conduct a reverse sales tax audit to identify sales and use tax refund opportunities and potential exposure. If your client has purchased any software, SaaS or cloud computing recently, they may want to confirm there is no sales or use tax exposure. States are still playing 'catch-up' with cloud computing, but several states have issued rulings and guidance over the last year.
  3. Income Tax: For C corporations, a reverse income tax audit could identify state income/franchise and gross receipts tax refund opportunities and potential exposure. Combined reporting and apportionment issues or opportunities may exist. Alternative apportionment and transfer pricing have become big (or bigger) issues in 2016.
  4. Income Tax: For flow-through entities, a reverse income tax audit may be helpful on major states such as Texas, Michigan, Washington, Pennsylvania, etc.
  5. Credits and Incentives: If your company or clients are entering into new states, hiring new employees, building new facilities, retaining employees, "going green," involved with renewable energy, etc. this is a good time to identify and capture credit and incentive opportunities.
  6. Transaction Due Diligence: If your company or clients are entering into any acquisitions of other companies or assets, state and local tax issues should be reviewed to determine exposure, successor liability, and nexus impact.
  7. Residency Issues: For individual tax clients that have changed their residency to another state or are considering such a change, guidance should be provided in regards to what records they need to maintain, etc.to support their residency or domicile.
  8. Employee Misclassification: If your company or client utilizes a high volume of independent contractors, contracts should be reviewed to mitigate exposure of those independent contractors being reclassified as employees.

What do you think? What is a high priority for you? Comment or send me an e-mail.

the usual suspects rise again: economic nexus, combined reporting, market-based sourcing

State legislatures and governors continued to move in the same direction this week - economic nexus, combined reporting, and market-based sourcing. The usual suspects popped up everywhere.

  1. Tennessee enacted the "Revenue Modernization Act" (HB 644 and HB 291) - implementing economic nexus (effective for tax years beginning on or after January 1, 2016), and market-based sourcing (applicable to tax years beginning on or after July 1, 2016); the bills also make changes to the affiliated intangible expense addback (applicable to tax years beginning on or after July 1, 2016) and impose a new use tax on cloud computing starting July 1, 2015.
  2. Tennessee Supreme Court heard oral arguments in the alternative apportionment Vodafone case (see prior posts for details). The case may be impacted by the Revenue Modernization Act's enactment of market-based sourcing.
  3. Connecticut Senate proposed mandatory combined reporting (HB 7061). General Electric and Aetna, Inc. publicly communicated their disapproval by stating they would actually consider moving their operations out of state if the bill is signed by the Governor.
  4. Virginia workgroup met to discuss enacting market-based sourcing.
  5. Maryland Tax Court continued to use unitary principle to establish nexus (Staples Inc. v. Comptroller).
  6. California Court of Appeals held that allowing only intrastate unitary taxpayers to make a separate or combined filing election was discriminatory (Harley-Davidson, Inc. v. Franchise Tax Board).
  7. New York Tax Appeals Tribunal reversed an administrative law judge's determination and decided that affiliated corporations were entitled to file on a combined basis (SunGard Capital Corp).