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Court Again Finds Cal. LLC Fee Unconstitutional

A California appeals court has once again held that the California limited liability company (LLC) fee is unconstitutional because it is not apportioned based on California activity of an LLC.

The Michigan Business Tax: New Developments

Editor: Frank J. O’Connell Jr., CPA, Esq. Since being enacted in July 2007, the Michigan Business Tax (MBT) has undergone constant legislative changes and administrative clarifications in the form of revenue administrative bulletins (RABs) and frequently asked questions (FAQs) issued by the Michigan Department of Treasury (see Treasury’s website at

Comparing the Value-Added Tax to the Retail Sales Tax

Editor: Scott Salmon, CPA, M. Acc. Over the past few decades, the value-added tax (VAT) has become the fastest-growing indirect tax globally (see Schenk and Oldman, Value Added Tax: A Comparative Approach 1 (Cambridge University Press 2007)). With the exception of the United States, most countries’ fiscal authorities rely far

A New Dimension for LLCs in California

California enacted legislation in 2007 to address the unconstitutional aspects of the California limited liability company (LLC) fee based on gross receipts assessed on LLCs doing business in California.

Sweet Rewards: State and Local Incentives Arrangements

Many state governments and local communities help businesses grow and expand by offering various credits or incentives for routine investments, for workforce training, or for more targeted behaviors, such as locating in an enterprise zone.

Current Corporate Income Tax Developments (Part I)

This article focuses on some of the more interesting items in the following corporate income tax areas: nexus; Sec. 338(h)(10) transactions; allocable/apportionable income; and tax base.

Michigan Business Tax: Overview and Issues to Consider

Editor: Scott Salmon, CPA, M.Acc. Companies doing business in Michigan have become accustomed to the infamous single business tax (SBT), which has a federal taxable income starting point and add-backs for compensation and depreciation expense. For a state dependent on the cyclical auto industry, this value-added tax provided a smooth

Who Is Subject to the New Texas Margin Tax?

Editor: Kevin F. Reilly, J.D., CPA In May 2008, most taxpayers doing business in Texas will face the reality of a new franchise tax regime—the margin tax (2006 TX H.B. 3). The new law requires that taxpayers doing business in Texas must pay a franchise tax based on their taxable

Fin 48 and State and Local Income Taxes

Scott Salmon, CPA, M.Acc. The required adoption of Financial Accounting Standards Board Interpretation No. 48, Accounting for Uncertainty in Income Taxes (FIN 48), for enterprises with fiscal years beginning after December 15, 2006, has placed increased scrutiny on state and local income taxes. Given that in the past, state and

Change in Ohio Residency Rules

Editor: Anthony S. Bakale, CPA, M.Tax. There may be a lot more incentive to becoming a resident of a state like Florida than just the weather. While at times the weather may be enough of an incentive, the potential state tax savings can be even greater. Higher-income-tax states like Ohio

Economic Nexus and the Uncertainty of Quill’s Physical-Presence Test

Editor: Mary Van Leuven, J.D., LL.M. In March 2007, two petitions for certiorari were filed with the U.S. Supreme Court that, if granted, could potentially decide one of the most important unanswered questions facing state taxpayers. That question involves the issue of economic nexus—specifically, whether it is Constitutional for a

Sourcing Service Receipts

Co-Author: Deborah Rood, CPA, MST Past items in TTA have discussed state taxation of service providers. However, with the advent of telecommuting and the explosion of electronic commerce, “sourcing” a taxpayer’s receipts to a particular state has become much more challenging. While the terms “duty days” and “games played” have

Acquiring Property? Remember Sales Tax Due Diligence

Co-Editors: Michael Metz, CPA; Nick Gruidl, CPA, MBT As the mergers and acquisitions market continues to heat up, so should the scrutiny of sales tax in the due diligence review. Unlike income tax, sales tax is transaction-based and applies to sales, regardless of whether the company is in a profit