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State & Local
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October 17, 2024
Idaho Revenue Through Sept. Exceeds Forecast By $66M
Idaho's general fund revenue from July through September beat an estimate by $66 million, the state Division of Financial Management said.
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October 17, 2024
Ore. Tax Dept. Not Bound By IRS Errors, Court Says
Oregon's tax department is not bound by erroneous adjustments made by the Internal Revenue Service to a couple's income tax return, the state's tax court said, saying state law allows the department to adjust state returns.
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October 17, 2024
Conn. Net Revenue Through Sept. Beats Last Year By $123M
Connecticut's net revenue collection from July through September was $123 million higher than it was during the same period last year, according to the state Department of Revenue Services.
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October 17, 2024
Polsinelli Hires McDermott Tax Counsel In DC
Polsinelli PC has hired an attorney who joined the firm's tax group as a shareholder after 12 and a half years with McDermott Will & Emery LLP.
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October 16, 2024
Utah Groups Can't Scrap Corporate Transparency, US Says
A Utah federal court hasn't seen sufficient evidence to block the Corporate Transparency Act's disclosure requirements in presentations by an off-the-grid community, an online meat market and a trade group for cattle producers that have sued over the statute, the federal government said.
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October 16, 2024
Ex-Alderman Can't End Supervised Release For Tax Crime
A former Chicago alderman and attorney who was convicted of tax evasion cannot terminate his court-ordered supervised release, an Illinois federal judge said Wednesday.
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October 16, 2024
Minn. Urges State High Court To Bless $9M DuPont Tax Bill
Minnesota treated DuPont's foreign currency hedging activities correctly in determining apportionment, the state's revenue commissioner told the state Supreme Court, urging it to uphold a $9 million tax court judgment against the company.
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October 16, 2024
NY Tax Collections Through Sept. Up $3B From Last Year
New York's net tax collection from July through September outpaced last year during the same period by $3.1 billion, according to a report by the state Department of Taxation and Finance.
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October 16, 2024
Ky. Revenue Through Sept. Up $50M From Last Year
Kentucky general fund revenue from July through September totaled $50 million more than it did during the same period last year, according to the Office of State Budget Director.
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October 16, 2024
NC Revenue Through Aug. Up $101M From Last Year
North Carolina's total revenue for July and August was $101 million higher than during the same period last fiscal year, according to the Office of State Controller.
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October 16, 2024
Mich. Tribunal OKs Wells Fargo Tax Credit Requested By Mail
Michigan's tax department must allow Wells Fargo Rail Co.'s mailed claim for a property tax credit for maintenance of its railcars, a state tax panel ruled, ordering a $172,000 refund for the company.
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October 15, 2024
Microsoft's Cost-Share Tax Arguments 'Deficient,' Mich. Says
Microsoft failed to adequately flesh out its arguments that cost-sharing agreement receipts from affiliates should be included in its Michigan apportionment formula as licenses of intellectual property, the state's tax agency argued in asking the Michigan Tax Tribunal to toss the company's case.
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October 15, 2024
Pa. Dept. Clarifies Taxation Of Software Sales
Pennsylvania sales tax applies to sales of software that is "canned," or prewritten, because such software is considered tangible personal property, the state Department of Revenue said in guidance.
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October 15, 2024
Texas Overreaches In Data Processing Tax Plan, COST Says
Amending Texas' tax rules to clarify that some data processing services are subject to the state's sales tax represents an expansion of the Texas sales tax base without legislative backing, the Council on State Taxation said in comments on a proposed state amendment.
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October 15, 2024
Colo. Panel Advances Sales Tax Search Engine Plan
Colorado's online sales and use tax license and exemption certificate search engine would expand to allow searches using a retailer's and federal identification number under a proposed bill advanced to next year's legislature by an oversight panel Tuesday.
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October 15, 2024
New ABA Tax Chair Wants To Revamp Practice's Dry Image
The new chair of the American Bar Association Section of Taxation told Law360 she wants to boost the section's recent efforts to revamp the tax practice's image as a boring, numbers-intensive profession with limited opportunities to improve society and inspire more students to enter tax law. Here, she shares her background and goals for the tax section.
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October 15, 2024
V&E Adds Energy Tax Pro From Bracewell In Houston
Vinson & Elkins LLP has bolstered its energy transition and tax practices with a partner in Houston who came aboard from Bracewell LLP and whose background includes substantial in-house experience advising on renewable projects.
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October 15, 2024
Colo. Panel Advances Tax Audit Confidentiality Proposal
Colorado would impose increased confidentiality standards on third parties conducting sales tax audits on behalf of local jurisdictions, including potential misdemeanor criminal charges for violators, under draft legislation forwarded Tuesday to the 2025 Legislature by an oversight panel.
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October 15, 2024
Law Firms Diverge As Anti-ESG Pushback Continues
A continuing onslaught of legislation and litigation opposing corporate environmental, social and governance actions has created a fork in the road for law firms, with some choosing to scale back efforts and others pushing ahead with their internal ESG and diversity, equity and inclusion goals.
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October 15, 2024
The 2024 Law360 Pulse Social Impact Leaders
Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.
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October 11, 2024
Ill. Restaurants Fire Back At Banks' Bid To Halt Swipe Fee Law
Trade groups for restaurants and retailers have urged an Illinois federal judge to reject a proposed preliminary injunction to block a first-of-its-kind state law restricting swipe fees, arguing that relief from such fees is badly needed for small family businesses and consumers.
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October 11, 2024
NJ Seeking Transfer Pricing Consultant For Audits, Litigation
New Jersey's tax agency issued another request for bids Friday to contract with a transfer pricing specialist to assist with audits and litigation, following the recent renewal of a contract that is set to expire at the end of November.
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October 11, 2024
Fiserv Unit Wins 2nd Look At $2M Ohio Tax Refund Claim
A Fiserv subsidiary may pursue a $2.1 million refund of sales taxes paid on its debit and disbursement authorization services, the Ohio Board of Tax Appeals said, remanding the matter to the state's tax commissioner for a more detailed analysis.
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October 11, 2024
Idaho Grants Tax Relief To Hurricane Helene Victims
Idaho is postponing state tax deadlines for individuals and businesses based in seven states impacted by Hurricane Helene, its tax commission announced.
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October 11, 2024
Wis. Revenue Through Sept. Up $171M From Last Year
Wisconsin's general purpose revenue from July through September totaled $171 million more than last year's collection for the same period, according to the state Department of Revenue.
Expert Analysis
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TCJA Workarounds And A Misstep In Va.: SALT In Review
From federal SALT deduction workarounds to Virginia's missed opportunity, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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How Taxpayers Can Prep As Justices Weigh Repatriation Tax
The U.S. Supreme Court might strike down the 2017 federal tax overhaul's corporate repatriation tax in Moore v. U.S., so taxpayers should file protective tax refund claims before the case is decided and repatriate previously taxed earnings that could become entangled in dubious potential Section 965 refunds, say Jenny Austin and Gary Wilcox at Mayer Brown.
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Digital Services And Asphalt Production: SALT In Review
From Massachusetts' proposed gross receipts tax on digital providers to a dispute over equipment used to make asphalt in North Carolina, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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What's Notable In Connecticut's New Cannabis Laws
The Connecticut Legislature recently passed four bills containing cannabis provisions — ranging from applicable tax credits to labor agreement requirements — that may prove to be a mixed bag for state operators, say Sarah Westby and Deanna McWeeney at Shipman & Goodwin.
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NJ Justices Clarify Bribery Law Scope, But Questions Remain
The New Jersey Supreme Court’s recent State v. O'Donnell decision clarified that the state’s bribery law unambiguously applies to candidates for public office, but there are still unresolved questions about how the ruling may affect lobbyists, undeclared candidates and political speech, says Scott Coffina at Pietragallo Gordon.
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Parsing Tax Implications Of NYC Office Leasing Transactions
Though New York City's tax laws generally do not require negotiated contractual risk allocation in the case of sublease and early lease termination transactions, it is still helpful for counsel to both landlords and tenants to understand the laws' nuances, say attorneys at Lowenstein Sandler.
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Digital Biz Purchases And Tax Cuts In Texas: SALT In Review
From the taxing of digital business purchases to proposed tax cuts in Texas, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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3 Principles Should Guide MTC's Digital Products Tax Work
As the Multistate Tax Commission's project to harmonize sales tax on digital products moves forward, three key principles will help the commission's work group arrive at unambiguous definitions and help states avoid unintended costs, say Charles Kearns and Jeffrey Friedman at Eversheds Sutherland.
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OECD Treatment Of Purchased Ga. Film Credits Isn't Peachy
Producers considering Georgia as a prospective location for filming may already be concerned that the Organization for Economic Cooperation and Development's July decision will hamper the eventual 2026 or later sale of their Georgia film tax credits, says Alan Lederman at Gunster.
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A Milestone For Offshore Wind In Maine
Recently signed legislation directing Maine to procure up to 3 gigawatts of offshore wind by 2040 offers indisputable promise that the state will soon welcome commercial-scale offshore wind development off its shores, says Joshua Rosen at Foley Hoag.
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Mallory Ruling Doesn't Undermine NC Sales Tax Holding
Contrary to the conclusion reached in a recent Law360 guest article, the U.S. Supreme Court’s recent Mallory ruling shouldn't be read as implicitly repudiating the North Carolina Supreme Court’s sales tax ruling in Quad Graphics v. North Carolina Department of Revenue — the U.S. Supreme Court could have rejected Quad by directly overturning it, says Jonathan Entin at Case Western Reserve.
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Calif. Policymakers Should Aid Crashing Cannabis Market
As California’s cannabis sector nears the brink of financial collapse, it may be time for the state government to seriously consider potential bailout programs for the embattled industry — though the crisis also presents strategic buying opportunities for those with a high tolerance for uncertainty, says Michelle Mabugat at Greenberg Glusker.
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What Came Of Texas Legislature's Long-Promised Tax Relief
Following promises of historic tax relief made possible by a record budget surplus, the Texas legislative session as a whole was one in which taxpayers that are large businesses could have done somewhat better, but the new legislation is clearly still a positive, say attorneys at Baker Botts.