State & Local

  • July 01, 2024

    Longtime IRS Trial Atty Joins Jones Day In NY

    An attorney who spent his entire career at the IRS has moved to private practice at Jones Day, the firm said on Monday.

  • June 28, 2024

    NJ Lawmakers OK Corp. Tax Hike, Expansion Of Tax Credits

    New Jersey would reinstate the nation's highest corporate income tax rate on large corporations, offer tax incentives for capital investments from artificial intelligence companies and relax employee location requirements for businesses to receive tax breaks, under legislation lawmakers passed Friday alongside the state's budget.

  • June 28, 2024

    Mont. Tax Dept. Adopts Updated Regs For Water's-Edge Filers

    Montana will 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 adopted by the state Department of Revenue.

  • June 28, 2024

    Key State And Local Tax Takeaways From June

    As state legislatures hurried to pass bills and finish sessions before the end of the fiscal year, and courts handed down several key decisions, June was a consequential month in the state tax world. Here, Law360 presents key state and local tax developments to know from the past month.

  • June 28, 2024

    Ohio Tax Applies To Quest Testing Kit Purchases, Board Says

    Two Quest Diagnostics subsidiaries are not eligible for a refund of sales tax paid on testing kits, reagents and hormones because those items are not drugs exempt from tax, the Ohio Board of Tax Appeals said Friday.

  • June 28, 2024

    Mass. Senate OKs $5B Housing Bill Without Local-Option Tax

    Massachusetts would authorize about $5 billion in bonding authority to promote housing under legislation passed by the state Senate that leaves out a local-option real estate transfer fee sought by Democratic Gov. Maura Healey.

  • June 28, 2024

    Fla. Won't Require Short-Term Ad Platforms To Remit Tax

    Florida Gov. Ron DeSantis vetoed a bill that would have required short-term rental advertising platforms to collect and remit transient rental tax on bookings made through the platform.

  • June 28, 2024

    Vt. General Revenues Through May Up $41M From Last Year

    Vermont's general fund revenue from July through May exceeded last year by roughly $41 million, according to a report by the state Agency of Administration.

  • June 28, 2024

    Mich. Revenues Through May Fall $530M From Last Year

    Michigan's general fund revenues from October through May were down $530 million compared with the same period last fiscal year, the State Budget Office reported Friday.

  • June 28, 2024

    Taxation With Representation: Kirkland, Vinson, Skadden

    In this week's Taxation with Representation, Aareal Bank AG and Advent International sell a property management and maintenance software company, Webtoon Entertainment Inc. and Tamboran Resources Corp. price initial public offerings, SM Energy Company acquires oil and gas assets, and Nokia sells Alcatel Submarine Networks to the French state.

  • June 27, 2024

    IRS To Offer Combined Filing For Energy Investment Credits

    The Internal Revenue Service will let clean energy project owners that are claiming investment tax credits for more than 200 facilities file the claims with a single form, an agency official said Thursday.

  • June 27, 2024

    Calif. Budget Will Prevent Another Microsoft-Style Tax Win

    A measure in California's new budget tax law, enacted Thursday, will potentially save the state more than $1 billion by preventing more wins like the one Microsoft secured when the state Office of Tax Appeals ruled it could include 100% of the dividends from foreign affiliates in its California sales factor denominator.

  • June 27, 2024

    Ill. Extends R&D Tax Credit, Adds Quantum Computing Credits

    Illinois extended its research and development tax credit, expanded eligibility for a program that provides tax breaks to electric vehicle manufacturers and created tax credits for quantum computer component parts manufacturers under a bill signed by Gov. J.B. Pritzker.

  • June 27, 2024

    RI To Allow Single-Sales-Factor Apportionment For Banks

    Rhode Island will allow banking institutions doing business that is subject to tax in and outside the state to apportion their income using only the receipts factor under a bill signed into law by the governor.

  • June 27, 2024

    Ind. Dept. Says Some Of Co.'s Software Purchases Are Exempt

    The Indiana Department of Revenue ruled that only some purchases of prewritten software by a company are exempt from sales tax because the company proved it wasn't a purchase of tangible property.

  • June 27, 2024

    Nev. Regs Clarify Sales Tax Exemption Letters For Nonprofits

    Nevada clarified under regulatory amendments approved by the state Legislative Commission that a letter providing for an exemption from sales and use tax for eligible nonprofit organizations applies only to tax liabilities that would have accrued on or after the date such a letter was issued.

  • June 27, 2024

    NY Historic Building Rehab Tax Credits Apply Per Structure

    New York's $5 million tax-credit cap for rehabilitation projects of historic properties is applied on a per-structure basis even if multiple structures are included on a single application, the state Department of Taxation and Finance said in a declaratory ruling.

  • June 27, 2024

    Google Tells Md. Court Digital Ad Tax Violates Federal Law

    Maryland's first-in-the-nation digital advertising tax violates a federal law protecting electronic commerce from discriminatory treatment as well as the U.S. Constitution, Google told the state's tax court during oral arguments Thursday.

  • June 27, 2024

    AG Says Trump Recusal Bid Relies On 'Distortion Of Facts'

    New York's attorney general says Donald Trump is relying on a "distortion of facts" in seeking to oust the judge who ordered the former president to pay $465 million in penalties in his civil fraud case.

  • June 27, 2024

    Conn. Lawmakers OK Tax Changes For Cars, Insurance Biz

    A Connecticut proposal to retool the state's motor vehicle tax regime in a bid to head off a potential tax increase, as well as change assessments on insurance companies, was passed by the state House on Thursday and next goes to the governor.

  • June 27, 2024

    Mich. Lawmakers OK Flexibilty For Remote Tribunal Hearings

    The Michigan Tax Tribunal would be allowed to hold remote hearings for residential property and small-claims matters at one party's request under a bill passed Thursday by the state Legislature.

  • June 27, 2024

    Mich. Senate OKs Fix For Potential Double Tax On Deliveries

    Michigan would allow certain marketplace facilitators of deliveries to deduct sales tax that they paid to sellers to avoid potential double-taxation issues under a bill approved by the state Senate.

  • June 27, 2024

    Ex-Skadden Tax Head And M&A Pro Joins Freshfields In NY

    Freshfields Bruckhaus Deringer LLP has added the former head of the tax practice at Skadden Arps Slate Meagher & Flom LLP as a partner this week, who brings to the role experience in deals like 21st Century Fox's $71 billion acquisition by Disney and the merger of T-Mobile and Sprint.

  • June 27, 2024

    Fla. County Owes Tax To Other County, Fla. Justices Rule

    The Florida Supreme Court ruled Thursday that counties are not immune from being taxed on properties they own in other counties, affirming a decision that said Pinellas County cannot claim sovereign immunity to duck taxes on property it owns in neighboring Pasco County.

  • June 27, 2024

    Ind. Tax Doesn't Apply To Practice's Supplement Purchases

    An Indiana medical practice should be refunded sales tax paid on purchases of dietary supplements because the practice was able to prove the purchases were made for resale, the state Department of Revenue ruled.

Expert Analysis

  • 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.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    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.

  • Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law

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    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.

  • Speaking Of Ideas Hard To Swallow: SALT In Review

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    From a Pennsylvania bill that would force corporate tax disclosure to a proposed candy tax in California, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.

  • Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Neb. Justices Should Weigh IRC Terms In Dividend Tax Case

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    Nebraska’s highest court, which will hear oral arguments in Precision CastParts v. Department of Revenue on April 1, should recognize that the Internal Revenue Code provides key clues to defining “dividends received or deemed to be received,” and therefore limits Nebraska’s tax on foreign-sourced corporate income, says Joseph Schmidt at Ryan.

  • Strange But True, Here And There: SALT In Review

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    From a confusing proposal to relocate the Louisiana Tax Commission to a perplexing legislative vote on a citizen initiative in Washington state, RSM's David Brunori offers his thoughts on noteworthy state and local tax news.

  • Judicial Independence Is Imperative This Election Year

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    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

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