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Massachusetts Multiple Points Of Use Sourcing Update - A Surprise Reversal By The Appellate Tax Board
Almost two years ago, we reported on a decision by the Massachusetts Appellate Tax Board ("ATB") in several appeals involving the sourcing of software purchases
United States
22 May 2019
North Carolina Legislature Enacts Omnibus Budget Over Governor's Veto
The omnibus bill includes a number of corporate income tax provisions in response to federal changes in the Tax Cuts and Jobs Act ("TCJA").
United States
11 Jul 2018
Pennsylvania "Fixes" 100% Bonus Depreciation Decoupling Computation
Pennsylvania enacted legislation addressing the mechanics of its statutory "decoupling" from federal 100% bonus depreciation.
United States
9 Jul 2018
Reissued Virginia Supreme Court Decision In Addback Case Leaves Result Unchanged; Some Taxpayers May Still Benefit
On March 22, 2017, the Virginia Supreme Court reissued its decision in Kohl's Department Stores, Inc. v. Virginia Department of Taxation, limiting the "subject to tax" exception to Virginia's intangible expense addback ...
United States
28 Mar 2018
Massachusetts ‘Cookie' Nexus Regulation Challenged . . . In Virginia Circuit Court
On October 24, Crutchfield Corporation filed a declaratory judgment action challenging the Massachusetts Department of Revenue's "cookie" nexus regulation.
United States
31 Oct 2017
REMIC Excess Inclusion Income – Is It Included In Net Income?
Corporations and financial institutions that hold REMIC residual interests may have a Massachusetts corporate excise tax refund opportunity.
United States
3 Oct 2017
Massachusetts To Move Forward With New "Cookie" Nexus Regulation Effective October 1
The Department accepted written comments to the proposed regulation, and held a public hearing August 24.
United States
28 Sep 2017
Taxpayer Challenges Department Authority to Adjust NOL Carryforward, When NOL Was Generated in Tax Years Otherwise Closed by Statute
Can a Department of Revenue auditor reduce a taxpayer's deduction for a net operating loss ("NOL") carryforward, even if the NOL was generated in a tax year that is closed under the statute of limitations? This question is the subject of an appeal currently pending at the ATB.
United States
27 Sep 2017
Filing Season Reminder: Department Guidance Regarding Massachusetts Partnership And C Corporation Tax Return Filing Due Dates
Effective for tax years beginning after December 31, 2015, the due date for filing federal tax returns for C corporations and partnerships were revised.
United States
22 Sep 2017
Filing Season Reminder: Revisions (And Challenges) To Alternative Apportionment Regulation
Any taxpayers considering taking an alternative apportionment position on its corporate excise tax returns this fall should remember that the Department adopted a revised alternative apportionment regulation...
United States
5 Sep 2017
Virginia Supreme Court Decides (Mostly) In Favor Of Department In Lead Addback Case
On August 31, 2017, the Virginia Supreme Court issued a decision holding that a taxpayer can claim an exception to Virginia's intangible expense addback on the basis that the related member receiving the intangible payment is ...
United States
1 Sep 2017
SJC Holds that Drop-Shipper has Burden of Proving Sales Were Not Subject to Sales Tax; Is Liable for Tax
In D & H Distributing Company v. Commissioner, the Supreme Judicial Court ("SJC") considered whether the taxpayer, a distributor located outside of Massachusetts, bore the burden of proving that a drop shipment to a Massachusetts customer was a "sale at retail" upon which the distributor had an obligation to collect Massachusetts sales or use tax.
United States
29 Aug 2017
Massachusetts State Tax Developments
Welcome to the latest Reed Smith update on recent developments in Massachusetts state tax.
United States
23 Aug 2017
Massachusetts Issues Proposed Regulation Imposing Sales Or Use Tax Obligations On "Internet Vendors" Beginning October 1
On July 28, the Massachusetts Department of Revenue (the "Department") issued Proposed Regulation 64H.1.7 (the "proposed regulation") that, if adopted, would require "internet vendors" to collect...
United States
21 Aug 2017
Massachusetts Issues Proposed Regulation Imposing Sales Or Use Tax Obligations On ‘Internet Vendors' Beginning October 1
On July 28, the Massachusetts Department of Revenue (the "Department") issued Proposed Regulation 830 CMR 64H.1.7 (the "proposed regulation") that, if adopted, would require "internet vendors"...
United States
1 Aug 2017
Massachusetts Appellate Tax Board Denies Multiple Points Of Use Sales Tax Refund Claims
The Massachusetts Appellate Tax Board ("ATB") has issued an order denying three sales tax refund claims involving multiple points of use ("MPU") sourcing. In each case, vendors had filed refund claims...
United States
24 Jul 2017
California Supreme Court Holds Localities Can Apply Documentary Transfer Tax To Transfers Of Interests In Property-Holding Entities
The California Supreme Court, in a 6-1 decision, has held that a city or county may impose documentary transfer tax on the transfer of the ownership interests in a legal entity that owns real property...
United States
7 Jul 2017
Pa. Governor's Budget Proposal – 'No Broad-Based Tax Increases'?
On February 7, Gov. Tom Wolf (D) presented his third budget address as Pennsylvania's governor, proposing a $32.3 billion spending plan. Facing yet again a multi-billion-dollar budget deficit...
United States
22 Feb 2017
Governor Baker Releases Proposed FY 2018 Budget Including Extending Sales Tax Collection to Online Retailers and Expanding Room Occupancy Tax to Short-Term Rentals
On January 25, 2017, Governor Charlie Baker released his proposals for the Commonwealth's fiscal year 2018 budget.
United States
15 Feb 2017
The Nomination Of Judge Neil Gorsuch: One More Vote To "Kill Quill"?
With states like Alabama and South Dakota attempting to place Quill's physical presence rule before the U.S. Supreme Court, Judge Gorsuch's concurring opinion in Direct Marketing v. Brohl—and his previous clerkship with Justice Anthony Kennedy—may indicate that if he is confirmed to the Court, he would vote in favor of hearing such a challenge.
United States
10 Feb 2017
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