State & Local
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May 02, 2024
Fiserv Presses Fla. Appeals Court To Revive Tax Sourcing Suit
A Florida appeals court should overturn a lower court's dismissal of a tax sourcing challenge from Fiserv entities for failure to pay the contested amounts because state precedent doesn't allow the jurisdictional issue to negate the case, the companies argued.
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May 02, 2024
Mass. Property Is Agricultural, Appellate Board Says
A 14-acre property should be classified as agricultural, as the owner proved the land's main use was farming, the Massachusetts Appellate Tax Board said in a ruling released Thursday.
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May 02, 2024
Wyden Pushes Intuit To Help Users Get Refunds After Error
The Senate's top tax writer told Intuit's CEO that the company needs to help taxpayers in Oregon, the senator's home state, receive the full refunds they're entitled to after a reported error in its TurboTax product caused some Oregonians to overpay their state taxes.
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May 02, 2024
NY Assembly Bill Would Increase Tax Exemption For Clothing
New York would increase its tax exemption for items of clothing to $200 per item under a bill introduced in the state Assembly.
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May 02, 2024
Iowa Accelerates Transition To Flat Tax, Cuts Rate
Iowa is accelerating its transition to a flat individual income tax rate, slightly reducing the rate and extending the targeted jobs withholding credit, among other changes, under a tax omnibus signed by the governor.
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May 02, 2024
Nixon Peabody Adds Two Community Finance Attys In DC
Nixon Peabody LLP has hired two partners, who will focus their practices on helping nonprofits and other clients understand and obtain tax credits for a range of community development projects, to its community development finance practice in Washington, D.C., the firm announced Thursday.
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May 02, 2024
Colorado To Revise, Modernize Sales And Use Tax Statutes
Colorado will update the state's sales and use tax statutes and require more coordination between local taxing jurisdictions and the state Department of Revenue under legislation signed into law by Gov. Jared Polis.
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May 02, 2024
Iowa Creates Tax Break For Products Sold To Fairs
Iowa will provide a sales and use tax exemption for tangible personal property, digital products and services sold to a county or district fair and will designate such fairs as exempt entities under a bill signed by the governor.
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May 02, 2024
Mich. General Revenue Through March Drops $307M
Michigan's general revenue fund collection from October through March was down $307 million compared with the same period last year, the State Budget Office reported.
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May 02, 2024
W.Va. Revenues $637M Over Budget Forecast
West Virginia's general fund collections from July through April were $637.4 million ahead of budget estimates, according to the state budget office.
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May 02, 2024
Mont. Revenue Through April Sinks $263M, Dept. Says
Montana general fund revenue from July through April was down $263 million from the same period last year, the state Department of Revenue said.
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May 02, 2024
Colo. House OKs MTC Method For Corp. Tax Reporting
Colorado would change its method for determining the makeup of a combined corporate group to conform with other states and Multistate Tax Commission standards under legislation approved by the state House that also expands income tax credits.
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May 02, 2024
Colo. Lawmakers OK Lodging Tax Simplification Study
Colorado would look at ways to simplify administration of its local lodging taxes under legislation approved Thursday by the state Senate.
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May 02, 2024
Former Mich. Speaker, Wife Arraigned On Embezzling Charges
A former speaker of the Michigan House of Representatives and his wife pled not guilty on Thursday to multiple financial crimes and received the judge's blessing to travel out of state to attend the Kentucky Derby, in their first court appearance since the charges were announced.
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May 01, 2024
T-Mobile Gets Tax Reimbursement Suit Tossed For Good
T-Mobile has convinced a New Jersey federal court to toss for good a suit brought by a middleman seeking to collect tax reimbursements the mobile behemoth had supposedly promised a landlord after it didn't fix the deficiencies in its suit the third go round.
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May 01, 2024
Senate Dems Reintroduce Bill To Tax And Regulate Cannabis
Senate Democrats on Wednesday reintroduced a cannabis legalization bill that would remove the drug entirely from the ambit of the Controlled Substances Act and impose a tax-and-regulate scheme akin to what is currently in place for alcohol and tobacco.
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May 01, 2024
Colo. House OKs Tax Credits For Middle-Income Housing
The Colorado House approved a pilot program Wednesday to provide a tax credit to developers of housing aimed at middle-income residents
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May 01, 2024
Mont. Tax Dept. Floats Updated Regs For Water's-Edge Filers
Montana would carry out recently enacted legislation that eliminated a requirement for a so-called water's-edge return to include income and apportionment factors from corporate affiliates incorporated in a now-defunct list of tax havens under regulatory updates proposed by the state Department of Revenue.
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May 01, 2024
RI Corp. Not Entitled To Untimely Refund, Division Rules
A corporation doing business in Rhode Island is not entitled to a refund of sales tax overpayment despite signing a statute of limitations waiver during an audit, the state Division of Taxation ruled.
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May 01, 2024
Collecting, Not Paying May Mean Penalties In MTC Program
The Multistate Tax Commission will make clear that a taxpayer that has collected but not remitted certain taxes during a grace period for liability will likely forfeit at least part of the grace period, an official said Wednesday.
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May 01, 2024
Miss. Narrows Tax Break For Entities That Support Colleges
Tax exemptions for Mississippi nonprofit foundations that support colleges will only be provided to properties that are exclusively used to benefit the schools under a bill signed by the governor.
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May 01, 2024
Ala. Extends Deadline For 2023 Pass-Through Entity Election
The Alabama Department of Revenue announced Wednesday that it has extended the due date for pass-through entities to file the election to be taxed as such in 2023.
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May 01, 2024
Colo. House OKs Boost To Affordable Housing Tax Credit
Colorado would increase the funds available for the state's affordable housing tax credits for six years under legislation approved Wednesday by the state House of Representatives.
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May 01, 2024
Miss. To Provide Tax Break For Aircraft Used In Commerce
Mississippi will provide a sales tax exemption for the sale, lease or transfer of aircraft to certified common carriers for the transport of people or property in interstate, intrastate and foreign commerce under a bill signed by the governor.
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May 01, 2024
Colo. Senate OKs Sports Betting Tax Revenue Ballot Measure
Colorado voters would be asked whether to allow the state to retain and spend certain sports betting tax revenue rather than refunding it to casinos under legislation approved by the state Senate on Wednesday.
Calif. Bill Eyes Data Extraction Tax, Akin To Digital Ad Tax
California would levy the 7.25% state sales and use tax on large online companies with digital advertising revenue above $2.5 billion and would direct the tax revenue raised toward tax credits for local journalism outlets under a bill introduced by a key state senator.
Kan. Legislature OKs New Version Of Tax Omnibus
Kansas would restructure its income tax brackets and make other changes under another attempt at a compromise tax omnibus bill passed by the state Legislature, but the governor will likely veto it.
Taxing Business Inputs Still Vexes MTC Digital Work Group
A Multistate Tax Commission work group aiming to harmonize state tax rules for digital products continues to struggle with how to advise states on taxing business-to-business transactions associated with such projects, state officials said Tuesday.
Editor's Pick
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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.
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Nev. Sales Tax Revenue In Jan. Rises $23.8M From Last Year
Nevada brought in $23.8 million more in sales tax revenue in January than in the same month last year, the state Department of Taxation said in a monthly report.
Featured Stories
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Tax Credit Transfer Regs Show IRS Caution In Rulemaking
The IRS and Treasury's final rules on the sale and transfer of green energy credits maintained a strict reading of the statute while making few changes, a sign of caution by regulators amid judicial scrutiny of the government's rulemaking authority.
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The Tax Angle: TCJA Teams, Dear Colleague Letters
From a look at House GOP efforts to prepare for next year's expiration of their 2017 tax overhaul to ongoing attempts by lawmakers to draw attention and support for their own tax legislation, here's a peek into a reporter's notebook on a few of the week's developing tax stories.
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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.
Expert Analysis
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Consider 2 Alternative Exit Plans In RE Distress Scenarios
In the face of an impending wave of foreclosures, lenders and borrowers alike should consider two exit strategies — deed-in-lieu of foreclosure and consent foreclosure — that can mitigate potential costs and diminution in property value that could be incurred during a lengthy proceeding, say attorneys at BCLP.
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SC's Courts Have It Wrong On Amazon Marketplace Sales Tax
The South Carolina Supreme Court should step in and correct the misguided change in tax law effectuated by lower court rulings that found Amazon owes state sales tax for marketplace sales made prior to the U.S. Supreme Court’s Wayfair v. South Dakota decision in 2018, says Hayes Holderness at the University of Richmond.
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Constitutional Shenanigans And Other Sports: SALT In Review
From a challenge to New York's end run on a federal law to voters' rejection of a sales tax that would aid Kansas City's major league teams, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues
Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Why Supreme Court Should Allow Repatriation Tax To Stand
If the U.S. Supreme Court doesn't reject the taxpayers' misguided claims in Moore v. U.S. that the mandatory repatriation tax is unconstitutional, it could wreak havoc on our system of taxation and result in a catastrophic loss of revenue for the government, say Christina Mason and Theresa Balducci at Herrick Feinstein.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.