State & Local
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November 05, 2024
Cannabis And Psychedelic Reform Bids Fail In Multiple States
Efforts to liberalize cannabis and psychedelic laws via ballot initiatives met with defeat in multiple states on Election Day, dealing a blow to reformers of drug policies.
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November 05, 2024
Oregon Voters Reject New Tax On Big Businesses
Oregon voters declined Tuesday to impose a new minimum tax on large businesses that could have raised $15 billion each biennium with most of the funding used to make annual payments to residents, rejecting Measure 118.
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November 05, 2024
North Dakota Voters Choose To Retain Property Taxation
North Dakota will continue to allow its political subdivisions to levy property tax after voters rejected a constitutional amendment Tuesday that would prohibit its imposition by a subdivision unless it had outstanding debt.
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November 05, 2024
South Dakota Voters Turn Down Grocery Tax Exemption
South Dakota voters rejected a ballot initiative Tuesday that would have exempted food sales from the state's sales tax.
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November 05, 2024
Nev. Voters Approve Sales Tax Exemption For Diapers
Nevada will exempt diaper sales from the state's sales and use tax under a measure approved by voters Tuesday.
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November 05, 2024
Calif. Managed Care Tax Made Permanent By Ballot Measure
California's tax on managed healthcare insurance plans to fund the state's Medi-Cal health program has been made permanent following voter approval of a proposition on Tuesday.
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November 05, 2024
Ga. Voters Approve Expanded Reach Of State Tax Court
Georgia voters approved a ballot measure Tuesday that will give the state's administrative tax court jurisdiction with the state's superior courts with an amendment to the state constitution.
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November 05, 2024
Washington Voters Reject Repeal Of State Capital Gains Tax
Washington state voters declined Tuesday to repeal the state's embattled tax on capital gains, voting 1,610,148 to 937,050 with 64% of the vote counted against Initiative 2109 and thus allowing the capital gains tax to stand.
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November 05, 2024
Wash. Voters Reject Repeal Of State Cap-And-Trade Law
Washington state voters declined to repeal the state's cap-and-trade program Tuesday, turning down Initiative 2117 by a vote of 1,566,065 to 972,623 with 64% 0f the vote counted.
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November 05, 2024
Ga. Voters Approve Increase To Personal Property Exemption
Georgia will increase its personal property exemption to $20,000 under a referendum approved by voters Tuesday.
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November 05, 2024
Ga. Voters Approve Local Option Homestead Exemption
Georgia will give localities the ability to opt out of a statewide homestead exemption from ad valorem taxes under a ballot measure approved by voters Tuesday.
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November 05, 2024
Calif. Couple Can't Carry Back Or Carry Forward Loss
A California couple's loss in 2017 did not generate a net operating loss that could be carried back to 2015 and 2016 and carried over to 2018 and 2019, the state Office of Tax Appeals ruled, upholding the Franchise Tax Board.
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November 05, 2024
Calif. Seller Can't Retroactively Report Real Estate Gain
A California seller of a $10.6 million property in Beverly Hills may not retroactively choose to report the gain on the sale of the property on an installment basis, the state Office of Tax Appeals ruled, siding with the Franchise Tax Board.
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November 05, 2024
Ill. Dept. Floats Regs To Clarify Aviation Fuel Tax Discount
The Illinois Department of Revenue proposed regulatory amendments to clarify that a sales tax discount isn't allowed for a portion of taxes paid on aviation fuel that is subject to use requirements under federal transportation statutes governing aviation programs.
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November 05, 2024
Montana General Revenues Through Oct. Down $6M
Montana general revenue collection from July through October fell roughly $6 million compared with the same period in the last fiscal year, according to the state Department of Revenue.
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November 05, 2024
Florida Net Revenue Through Sept. Beats Estimate By $226M
Florida's net revenue collection from July through September beat revenue estimates by $226 million, according to a report by the state Office of Economic and Demographic Research.
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November 05, 2024
Iowa Net Receipts Through Oct. Drop $6M From Last Year
Iowa net receipts from July through October fell $6 million from the total for the same period last fiscal year, according to the state Legislative Services Agency.
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November 05, 2024
Calif. OTA Says Ga. Biz Owner Owes Income Tax
A Georgia resident is required to file and pay taxes on California income from a company he partly owned, the California Office of Tax Appeals ruled Tuesday, sustaining the findings of the state Franchise Tax Board.
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November 05, 2024
Ohio House Bill Would Eliminate Income Tax On OT Wages
Ohio would exempt overtime wages from the state's personal income tax under a bill filed in the state House of Representatives.
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November 05, 2024
On The Ground: How Attorneys Safeguarded The Election
Attorneys were working tirelessly Tuesday to support citizens and election workers on the final day of voting in what is expected to be one of history's closest and most contentious presidential contests.
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November 04, 2024
Fla. Judge Denies Bid To Halt Repeal Of Homeless Tax Idea
A Florida state court judge has denied a bid to stop the repeal of a Miami Beach tax proposal placed on the ballot to pay for homeless services days before the general election Tuesday, citing the court's inability to "second-guess" a political decision made by a legislative body.
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November 04, 2024
DC Makes Housing Tax Break Competitive Process Permanent
The District of Columbia made permanent its temporary authorization of a competitive process for tax abatements for housing developments under legislation signed by the mayor, though the measure is subject to congressional review before it becomes law.
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November 04, 2024
Colo. Urges Appeals Court To Toss Netflix Sales Tax Ruling
Netflix subscriptions in Colorado are tangible personal property subject to sales tax under long-standing state law, the state tax department told an appeals court, urging it to reverse a trial court ruling.
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November 04, 2024
Ark. Revenue Outpaces Estimate By $23M Through Oct.
Arkansas' net general revenue fund collection from July through October surpassed a forecast by roughly $23 million, according to a report released Monday by the state Department of Finance and Administration.
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November 04, 2024
Texas Revenues Through Oct. Up 2.6% From Last Year
Texas' net revenues collection from September through October outpaced last year's total for the same period by 2.6%, according to a report from the state comptroller's office.
Ill. Voters Back Millionaire Tax In Nonbinding Referendum
Illinois voters supported imposing a higher tax rate on millionaires to fund property tax relief in an advisory referendum Tuesday, a move that could prompt state lawmakers to take another pass at repealing the state's constitutional requirement for a flat income tax.
Conn. Justice Warns Against 'Amelia Bedelia' Tax Law Reading
Whether a Connecticut judge properly restored a batch of tax appeals after dismissing them could center on the meaning of the word "may," a state Supreme Court justice said Monday, while also cautioning against an "Amelia Bedelia" approach to statutory construction, citing a children's book character known for her hyper-literalism.
Colo. Gov. Proposes Tax Credit To Woo Sundance Festival
Colorado Gov. Jared Polis wants the state to offer a new tax credit to lure the annual Sundance Film Festival, he said Friday in a presentation of his proposed $46.1 billion state budget for fiscal year 2025-26.
Ill. Voters Back Millionaire Tax In Nonbinding Referendum
Illinois voters supported imposing a higher tax rate on millionaires to fund property tax relief in an advisory referendum Tuesday, a move that could prompt state lawmakers to take another pass at repealing the state's constitutional requirement for a flat income tax.
Conn. Justice Warns Against 'Amelia Bedelia' Tax Law Reading
Whether a Connecticut judge properly restored a batch of tax appeals after dismissing them could center on the meaning of the word "may," a state Supreme Court justice said Monday, while also cautioning against an "Amelia Bedelia" approach to statutory construction, citing a children's book character known for her hyper-literalism.
Colo. Gov. Proposes Tax Credit To Woo Sundance Festival
Colorado Gov. Jared Polis wants the state to offer a new tax credit to lure the annual Sundance Film Festival, he said Friday in a presentation of his proposed $46.1 billion state budget for fiscal year 2025-26.
Editor's Pick
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Law360 Will Track 2024 Ballot Measures On Real-Time Map
As citizens across the country weigh in on federal, state and local elections this November, Law360's 2024 ballot measure map will track election results for tax-related ballot measures in real time. Here, Law360 dives into what's on the ballots in Georgia, Nevada, Wyoming and Denver.
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Law360 Revenue Report Map Tracks Health Of State Coffers
As state coffers fluctuate because of federal pandemic aid drying up, demographics shifting and remote work becoming commonplace, Law360 Tax Authority is providing up-to-date coverage on state tax revenue with the launch of its Revenue Report Map.
Featured Stories
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4 States To Vote On Expanding Cannabis Or Psychedelics
On Tuesday, voters in Florida, North Dakota and South Dakota will decide whether to legalize cannabis for adult recreational use, while Massachusetts — where marijuana is already fully legal — will decide whether to decriminalize and regulate certain psychedelics.
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4 Ways Congress Could Try To Close The Tax Gap
The gap between federal taxes owed and paid — recently estimated at $696 billion for 2022 — could be addressed in several ways, including increasing information reporting or simplifying the tax code, experts told Law360.
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Real Estate Tax Ballot Initiatives To Watch
Next week, voters in seven states will be weighing in on a variety of real estate tax ballot initiatives, including various measures that would provide additional property tax relief to veterans.
Expert Analysis
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Kentucky Tax Talk: Finally Better Online Records At Revenue?
The Kentucky Department of Revenue has not taken significant visible steps toward complying with legislation requiring it to post administrative guidance on its website starting no later than Nov. 15, and refusal to do so would widen the transparency gap between the state and its more business-friendly neighbors, say attorneys at Frost Brown.
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Striking A Balance Between AI Use And Attorney Well-Being
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As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Overreach In Texas And An Acronym In Peril: SALT In Review
From the Council on State Taxation's take on a proposal in Texas to the potential end of a fundamental truth in Montana, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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NY Tax Talk: Questions In Corporate Franchise Tax Regs Case
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In the first challenge to New York's Corporate Franchise Tax regulations — Paychex v. Department of Taxation and Finance — the court has an important opportunity to provide clarity on a major retroactive application issue, say attorneys at Eversheds Sutherland.
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How Attorneys Can Break Free From Career Enmeshment
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Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Judicial Committee Best Venue For Litigation Funding Rules
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The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Home Canning Makes Me A Better Lawyer
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Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Sound Ideas And An Ill-Advised Gamble: SALT In Review
From potential reforms in Louisiana to tax incentives for a gambling company in Colorado, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.