State & Local

  • August 22, 2024

    Justices Disfavor External Consistency Test, Mass. Atty Says

    The U.S. Supreme Court likely will decline to hear a construction company's argument that South Dakota's refusal to apportion use tax on its equipment was unconstitutional, a Massachusetts tax agency attorney predicted Thursday, saying the justices have no appetite for applying the external consistency test anymore.

  • August 22, 2024

    StubHub Appeals $8.5M Wis. Sales Tax Assessment

    Online ticket marketplace StubHub told the Wisconsin Court of Appeals that a lower court correctly determined it wasn't on the hook for an $8.5 million sales tax assessment because it didn't directly act as a ticket seller.

  • August 22, 2024

    NY Court Revives Co.'s Back Tax Payment Allocation Claim

    The New York Division of Tax Appeals has the jurisdiction to hear a Bronx-based business's protest over how its tax payments were allocated, a state appeals court ruled. 

  • August 22, 2024

    Ill. Exempts Certain Home-Delivered Meals From Taxes

    Purchases of certain home-delivered meals for older and lower-income residents are exempt from an array of state taxes, the Illinois Department of Revenue said.

  • August 22, 2024

    Local Property Tax Exemptions A Must For Solar, Va. AG Says

    Localities are required under state statute to provide an exemption for the taxation of property used for solar photovoltaic systems, or systems that use solar panels to create energy, the Virginia attorney general said in an opinion.

  • August 22, 2024

    NY AG Tells Appeals Court To Uphold $465M Trump Judgment

    Donald Trump has barely challenged the extensive proof of financial statement lies undergirding a $465 million civil fraud judgment against him and his co-defendants, New York's attorney general said in an appeals brief looking to preserve the bench verdict.

  • August 22, 2024

    Mass. Tax Panel OKs $14M In Research Credits For Bank Co.

    A Massachusetts bank holding company is entitled to nearly $14 million in research tax credits because state law does not restrict such corporations from receiving the credit, the state Appellate Tax Board said, reversing the state tax department.

  • August 22, 2024

    Miss. Justices Asked To Uphold Tax On Biz's Fireworks Sales

    A Mississippi company's sales of fireworks and Christmas trees weren't yard sales exempt from sales tax as they were held frequently and consistently, the Mississippi Department of Revenue told the state Supreme Court, adding that a lower correctly found that the company's sales are taxable.

  • August 22, 2024

    Ohio Board Upholds Partial Valuation Of Old Coal Plant

    A decommissioned coal plant had two of its parcels properly valued by an Ohio county, but one additional parcel should have its valuation reduced because the structure built on it added no value, the Ohio Board of Tax Appeals ruled.

  • August 22, 2024

    Ore. Tax Court Won't Allow Expense Shift To Previous Year

    An Oregon business owner's attempt to assign advertising costs to a previous tax year was correctly denied, the state's tax court said, while it allowed a partial deduction for expenses related to home offices.

  • August 21, 2024

    Tech Cos. Duck Proposed Calif. Bill Via News Funding Deal

    Major tech companies, including Google, agreed Wednesday to pay roughly $250 million into a fund that proponents say would support newsrooms across California in a deal that avoids a proposed regulation that would've forced Big Tech to pay the state's media organizations for distributing news content.

  • August 21, 2024

    NJ Caught Nearly 1 Million Fake Property Tax Relief Bids

    New Jersey has increased its security measures for a property tax relief program after the state tax agency identified nearly one million fraudulent applications last year, a state Division of Taxation representative said Wednesday.

  • August 21, 2024

    FTA To Facilitate Legislative Roundtables Among Tax Admins

    The Federation of Tax Administrators is set to facilitate a legislative work group that could foster more collaboration and awareness among state and local tax administrators about legislation circulating nationwide, a Missouri Department of Revenue representative said Wednesday.

  • August 21, 2024

    3 Questions Raised By Harris' Support For 28% Corp. Tax Rate

    Vice President Kamala Harris has proposed increasing the corporate tax rate to 28% to boost revenue if she's elected president, but the proposed hike raises questions about changes to the corporate tax base, the future of the OECD's global tax deal and the potential impact on workers.

  • August 21, 2024

    Nebraska Caps Local Property Tax Increases

    Nebraska will cap property tax increases by local jurisdictions and provide $750 million in property tax relief as part of a bill signed by the governor, who said tax reform efforts aren't over yet.

  • August 21, 2024

    Calif. Will Waive Interest Charged Because Of State Errors

    California's Office of Administrative Law approved an amendment to a regulation freeing taxpayers from paying interest if they didn't pay the correct amount of sales or use tax because of an error or delay by a state agency, a state tax agency said.

  • August 21, 2024

    Minn. Justices OK Denial Of Homestead Tax Break

    A Minnesota property was correctly denied a homestead classification and property tax break because the owner did not live at the home as required, the state Supreme Court said Wednesday, affirming a state tax court decision.

  • August 21, 2024

    Wisconsin Latest State To Join Direct File For 2025

    The Internal Revenue Service's free electronic tax filing program, Direct File, will be available in Wisconsin for the 2025 tax filing season, the IRS and U.S. Treasury Department announced Wednesday.

  • August 21, 2024

    Miss. Tax Revenue In July Fell $12.9M From Last Year

    Mississippi tax collection in the first month of the 2025 fiscal year was $12.9 million less than last year, according to the state Department of Revenue.

  • August 21, 2024

    Neb. General Revenues In July Beat Forecast

    Nebraska general revenues in July, the start of the 2025 fiscal year, were roughly $855,000 higher than expected, according to a report by the state Department of Revenue.

  • August 21, 2024

    Minn. Tax Court Cuts $2.5M From Office Building Value

    The local valuation of a Minnesota office building recently occupied by the state Department of Education was too high, the state tax court said, cutting about $2.5 million from the assessment.

  • August 20, 2024

    UN Dives Into Murky Waters Of Taxing Digital Services

    The United Nations has its sights set on cross-border services in the digital economy as its framework convention on tax takes shape, but it remains unclear how countries will define that broad and hotly contested topic as they work toward a treaty.

  • August 20, 2024

    Neb. Lawmakers OK Property Tax Relief In Special Session

    The Nebraska Legislature approved emergency legislation Tuesday to provide $750 million annually in property tax relief and limit local tax hikes, rejecting amendments to help pay for the measure by eliminating numerous sales tax exemptions.

  • August 20, 2024

    Ohio Justices Nix Local Appeal Of Pipeline's $950M Tax Value

    An Ohio county auditor cannot appeal a settlement agreement between the state tax agency and an energy company over the $950 million value of a gas pipeline transmission system, the state's highest court ruled Tuesday, upholding the state Board of Tax Appeals.

  • August 20, 2024

    Temple Law Prof, Kostelanetz Atty To Lead ABA Tax Section

    A longtime professor at the Temple University Beasley School of Law and a seasoned tax controversy partner at Kostelanetz LLP will together helm the American Bar Association Section of Taxation for the 2025-2026 term, the firm announced Tuesday.

Expert Analysis

  • Connecticut Tax Cuts And Missouri Movies: SALT In Review

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    From income tax cuts in Connecticut to film tax credits in Missouri, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.

  • What To Make Of IRS' New Advance Pricing Guidance

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    Recent guidance on the IRS' goals for its advance pricing agreement system provides helpful insight into review and decision-making procedures for advance pricing agreement requests, but it also raises questions about the IRS' objectives, say Richard Slowinski and Stefanie Kavanagh at Alston & Bird.

  • For NY Wind And Solar Projects, Some Tax Assessment Clarity

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    Recent legislation, which moots a challenge to New York’s discounted cash flow method for assessing solar and wind project real property taxes, lifts a cloud of uncertainty and brings new considerations for developers, investors and lenders, say attorneys at Hodgson Russ.

  • The Reciprocal Tax Bill Is A Warning Shot At Pillar 2

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    A bill recently introduced in the House of Representatives to reciprocally tax countries deemed to have imposed discriminatory taxes on U.S. citizens and businesses takes aim at countries implementing the global minimum tax treaty known as Pillar Two, with which the U.S. has not complied, says Alan Cole at the Tax Foundation.

  • Cost To Gov't Means Justices Must Review NC Sales Tax Case

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    The U.S. Supreme Court should review and overrule the North Carolina high court’s decision in Quad Graphics v. North Carolina Department of Revenue — an anticipatory overruling of precedent that expands the state sales tax base and imposes a stealth tax on the federal government, says Richard Pomp at the University of Connecticut Law School.

  • Potential Risks And Benefits Of NY Cannabis Crop Rescue Act

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    Though proposed legislation in New York would help struggling cannabis farmers by allowing them to sell their crops directly to consumers, it poses numerous challenges for retailers and the state’s regulatory framework — and striking the right balance here will be crucial to shaping a sustainable, equitable industry, say Meaghan Feenan and William Wolfe at Harris Beach.

  • La. Franchise Tax, Minn. Home Seizure: SALT In Review

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    From a proposal to phase out Louisiana's corporate franchise tax to the U.S. Supreme Court's ruling that a Minnesota county had no right to sell a woman's home for more than she owed, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.

  • How New York State Budget Will Affect Business Taxpayers

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    The comprehensive state budget legislation recently finalized by New York Gov. Kathy Hochul and the state Legislature did not include some especially concerning tax proposals, but it will subject some state taxpayers to increased tax liability and lengthier appeals, say attorneys at McDermott.

  • Taxing The Internet And Remote Workers: SALT In Review

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    From a New York ruling against the taxing of internet services to an attack on Philadelphia's taxing of remote workers, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.

  • How Cities Can Tackle Post-Pandemic Budgeting Dilemmas

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    Due to increasing office vacancies around the country, cities may consider politically unpopular actions to avoid bankruptcy, but they could also look to the capital markets to ride out the current real estate crisis and achieve debt service savings to help balance their budgets, say attorneys at Cadwalader.

  • State Payroll Taxes Need Remote Work Reforms

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    To alleviate employer confusion around remote employee payroll tax, lower enforcement costs and better compete for top talent, states should allow a specific number of remote work days without withholding, simplify their administrative requirements and coordinate their tax policy reforms, say attorneys at Miller Canfield.

  • Cannabis Supercenters: Key Benefits And Legal Issues

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    Barstow, California’s novel plan to convert an abandoned mall into a cannabis supercenter could offer a potential blueprint for cannabis companies to thrive in a saturated market and for communities to repurpose underutilized retail spaces — but certain financing, zoning and leasing issues will need to be assessed, says Christopher Gordon at Fox Rothschild.

  • Taxing The Digital Economy: The Good, The Bad And The Ugly

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    U.S. tech companies should watch for important developments in international taxation, including the resolution of Apple's decade-old state aid case, growing frustration with the Organization for Economic Cooperation and Development's global tax plan and adoption of the digital services tax instead, says Joyce Beebe at Rice University's Baker Institute for Public Policy.

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