State & Local
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August 30, 2024
AT&T Says Colo. Overvalued Property By $33M
Colorado incorrectly overvalued the statewide property of AT&T by about $33 million for property tax purposes, the company said in a lawsuit in state court, arguing for a valuation of less than one-third of the state's valuation.
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August 30, 2024
Key State And Local Tax Takeaways From August
From activity around a new Illinois remote seller law to a long-awaited decision on whether a Nebraska tax deduction for dividends applies to income repatriated under the 2017 federal tax overhaul, the sometimes slow-paced month of August proved anything but in the state and local tax world this year. Here, Law360 presents key developments to know from the past month.
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August 30, 2024
Colorado Pipeline Co. Fights $312M Property Valuation
A Colorado-based pipeline company said the state's Division of Property Taxation wrongly assessed its property at $312 million for tax year 2024, an increase of about $140 million from last year, in a complaint filed in state district court.
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August 30, 2024
Mich. Justices Won't Weigh In On Income Tax Cut's Duration
The Michigan Supreme Court will not review a lower appeals court's decision that found a revenue-triggered cut to the state's income tax rate in 2023 was in effect for only one year, the justices said Friday.
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August 30, 2024
Mich. Appeals Court Backs Uncapping Of Property's Value
A Michigan property's valuation was properly uncapped because the transfer of ownership that followed the death of an owner nullified a state limit on valuation increases, a state appeals court said, affirming a tax tribunal decision.
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August 30, 2024
Taxation With Representation: Kirkland, Paul Weiss, Squire
In this week's Taxation With Representation, Oneok reaches two agreements with energy infrastructure companies worth a total $5.9 billion, McKesson inks a $2.49 billion deal for a cancer center, and First Busey and CrossFirst Bankshares agree to a $917 million merger.
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August 30, 2024
Mich. Revenues Through July Drop $504M From 2023
Michigan general fund revenues from October 2023 through July 2024 decreased by $504 million from last fiscal year, the state Budget Office said Friday.
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August 30, 2024
Neb. Justices Affirm Nix Of Berkshire Unit's Tax Deduction Bid
A Nebraska tax deduction for certain dividends doesn't apply to income repatriated under the 2017 federal tax overhaul, the state Supreme Court affirmed Friday in rejecting arguments from a Berkshire Hathaway entity that the state's tax system excluded the foreign earnings from tax.
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August 29, 2024
Colo. Group Asks US Justices To Revive Ballot Law Dispute
A Colorado organization asked the U.S. Supreme Court to review a lower-court decision upholding a state law requiring financial impacts be included in the titles of some tax-related ballot initiatives.
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August 29, 2024
Day Pitney Lands Former Reuters Tax Counsel In Conn.
Day Pitney LLP continued its recent growth in its tax practice in Connecticut with the addition of an experienced tax attorney from Thomson Reuters.
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August 29, 2024
Colo. Lawmakers OK Further Property Tax Rate Cuts
The Colorado Legislature approved a bill Thursday that would cut assessment rates and limit local property tax growth as part of an agreement to stop two ballot initiatives critics say would devastate funding for schools and other local services.
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August 29, 2024
Ala. Tax Applies To Man Despite Move To Tenn.
A man who moved to Tennessee was still subject to Alabama income tax because he intended to return to Alabama and remained domiciled there, the Alabama Tax Tribunal ruled.
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August 29, 2024
Fla. Justices Won't Review Verizon's Tax Deduction Loss
The Florida Supreme Court declined to hear Verizon's appeal of a lower court's finding that federal tax mitigation provisions didn't supersede Florida's three-year time limit to claim tax deductions from net operating losses on businesses it acquired more than 20 years ago.
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August 29, 2024
Wis. Fiscal Year Revenues $275M Over Forecast
Wisconsin revenue collection through the 2024 fiscal year was $276 million over budget projections, the state Department of Revenue said.
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August 28, 2024
Colo. House OKs Additional Property Tax Rate Cuts
The Colorado House approved a legislative package Wednesday aimed at limiting property tax increases by lowering assessment rates and capping local revenue growth, sending the measures to the state Senate.
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August 28, 2024
Ohio Justices To Weigh School Board Tax Appeal Rights
The Ohio Supreme Court agreed Wednesday to hear a school board's claims that a law that limited the rights of school boards to appeal certain property valuation decisions to a state tax board offered them a path to appeal to county courts instead.
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August 28, 2024
Austin Light-Rail Plan Faces Fresh Suit Over Transit Tax Model
A purported class of Austin, Texas, residents moved to block the financing structure for a transit plan in their latest state court challenge to the city's Project Connect model approved in a 2020 voter referendum.
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August 28, 2024
Greenberg Traurig Builds PE Team With Kirkland Hires
Greenberg Traurig LLP has brought on two fund formation partners from Kirkland & Ellis LLP to continue its growth into the private equity space, according to an announcement this week by the firm.
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August 28, 2024
Mich. Tax Applies Only To NFTs With Physical Components
Michigan sales tax applies only to nonfungible tokens that represent ownership in a piece of tangible property, the state Department of Treasury clarified in a newsletter.
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August 27, 2024
Colo. House Advances Further Cuts To Property Tax Rates
The Colorado House advanced legislation Tuesday to limit property tax growth, a move supporters hope will also stave off a pair of ballot initiatives that critics say would devastate schools and other local services.
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August 27, 2024
TIGTA Calls For Better Guarding Of Shared Tax Info
The Treasury Inspector General for Tax Administration identified ways Tuesday it said the Internal Revenue Service should work with state agencies to improve the handling of federal tax information it shares with them, including nudging them to file required security reports.
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August 27, 2024
Candidates' Plans To End Tip Taxes Spark Fairness Concerns
The Democratic and Republican presidential nominees have both proposed eliminating taxes on tips for restaurant and hospitality workers, but tax experts say such a policy would unfairly pick winners and losers among workers and its benefits would be unevenly spread.
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August 27, 2024
Vt. General Revenue In July Exceeds Last Year By $28M
Vermont's general revenue collection for the first month of the fiscal year was roughly $28 million higher than last year, the state Agency of Administration said in a report.
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August 27, 2024
Maine Joining IRS' Free E-File Program In 2025
The Internal Revenue Service's free electronic tax filing program, Direct File, will be available in Maine for the 2025 tax filing season, the IRS and U.S. Treasury Department announced Tuesday.
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August 26, 2024
US Should Extend Expiring TCJA Tax Cuts, Chamber Says
The expiration of the 2017 Tax Cuts and Jobs Act in 2025 gives the next Congress an opportunity to pass pro-growth tax policies, the U.S. Chamber of Commerce said Monday.
Expert Analysis
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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.
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Looking Behind The Curtain Of Residential Transition Loans
As residential transition loans and securitizations of such loans grow increasingly popular, real estate stakeholders should take care to understand both the unique features and potential challenges offered by this novel asset class, say attorneys at Mayer Brown.
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Where Tax Policies Go Wrong: SALT In Review
RSM's David Brunori reviews the worst tax policies employed by state and local governments, then critiques recent tax developments in Oregon, New York and Boston.
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Mallory Opinion Implicitly Overturned NC Sales Tax Ruling
The U.S. Supreme Court recently declined to review Quad Graphics v. North Carolina Department of Revenue, but importantly kicked the legs from under Quad's outcome a week later, stating in its Mallory decision that the high court has the prerogative to overrule its own decisions, says Richard Pomp at the University of Connecticut.
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Delicious In Conn., Less Tasty In La.: SALT In Review
From Connecticut reducing its beer tax to Louisiana retaining its franchise tax, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Review Of Repatriation Tax Sets Justices On Slippery Slope
The U.S. Supreme Court’s recent decision to review the constitutionality of the repatriation tax in Moore v. U.S. has implications for many tax rules involving unrealized amounts and could leave the court on the brink of invalidating large swaths of the Internal Revenue Code, say attorneys at Eversheds Sutherland.
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How To Avoid A Zombie Office Building Apocalypse
With national office vacancy rates approaching 20%, policymakers, investors and developers will need to come together in order to prevent this troubling trend from sucking the life out of business districts or contaminating the broader real estate market, say Ryan Sommers and Robyn Minter Smyers at Thompson Hine.
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Ohio Tax Talk: Building On Federal Affordable Housing Credit
Ohio's soon-to-be-implemented low-income housing tax credit could significantly affect the state's affordable housing landscape and influence tax-credit deal financing for these projects, though Senate changes may have dampened the new credit's immense potential, say Raghav Agnihotri and Rachael Chamberlain at Frost Brown.
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Holding These Truths Incontrovertible: SALT In Review
RSM's David Brunori offers his thoughts on noteworthy state and local tax news, beginning with "almost irrefutable" observations delivered at a recent tax seminar.
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LA's High-Value Real Estate Transfer Tax Should Be Scrapped
Los Angeles’ recently implemented high-value property transfer tax has chilled the real estate market, is failing to meet revenue expectations and raises significant constitutional concerns, making it a flawed piece of legislation that should be invalidated, says attorney Paul Weinberg.