State & Local Tax
The combination of factor presence nexus
standards and market-based sourcing of services for sales factor purposes can have a particularly significant impact on multistate service providers.
The court held that the law does not discriminate against out-of-state retailers.
Thursday, the Senate approved a bill making the Internet Tax Freedom Act’s ban on state and local taxes on internet access permanent.
Recently, Oregon courts have issued important state income tax decisions, which may have potential application within and outside the state.
This article explores the facts and arguments of the case, how this unique decision relates to and departs from case precedent, and the effects on the taxing schemes of other states and localities.
State courts have supported the economic nexus theory, which does not require a business to actually conduct activities within the state to incur an income tax obligation.
The court determined that two SPEs related to Harley-Davidson Inc., with no physical presence
in California, established nexus under Due Process and Commerce Clauses of the U.S. Constitution.
States with B2B exemptions have determined that businesses are capable of ensuring that their property interests are secured and that taxpayer dollars should not be spent to protect them.
Economic nexus provisions, which often target financial institutions, vary considerably from state to state, and they can trigger income or franchise tax filing responsibilities of which taxpayers are often unaware.
Many not-for-profits do not know that the states in which they conduct business have many rules that may apply to them.
The Eighth Circuit held that the additional child tax credit qualifies as a public-assistance benefit under Missouri law and thus was exempt from a debtor’s bankruptcy estate.
Tax increment financing has become increasingly
used by private developers to construct nonpublicly owned property.
This column describes five types of governmental documents and videos and how they can be incorporated into a tax classroom.
The court found Cleveland incorrectly imposed its 2% local income tax on nonresident athletes’ exterritorial income in two separate cases.
The U.S. Supreme Court held that Maryland’s
tax scheme discriminates against interstate commerce.
In a 5–4 decision, the Supreme Court held that Maryland's personal income tax regime violates the dormant Commerce Clause because it results in double taxation of some income earned in interstate commerce, amounting to an impermissible state tariff, and thus discriminates against interstate commerce.
When a company distributes property to its shareholders, tax consequences arise for the distributing corporation and the receiving shareholder. This item addresses the state tax consequences to the shareholder, which can differ between states with separate-return filing rules and states that follow the federal consolidated-return filing rules.
Sec. 362(e)(2) acts as a barrier to prevent two taxpayers from obtaining the benefit associated with the built-in loss amount, by requiring an election to preserve the loss in either the parent or subsidiary.
Recent Missouri Supreme Court decisions refine the scope of sales tax exemptions for certain machinery, equipment, and products.
This column highlights the complexities of taxing digital products through the example of streaming content, discusses the increasing use of digital currencies and how states have begun to react, addresses the challenges of determining what is a true service and what is a license of technology, and looks to the horizon and upcoming trends.