STATE TAX KNOWLEDGE UPDATE (53 ITEMS) - AUGUST 3, 2018

The following are state tax and business developments I have curated since July 3rd, and posted in the LEVERAGE SALT LinkedIn group:

Some of the items may be on the same state/issue/topic, but they are from different sources which may give you a broader perspective to help your company or client.

1. New Jersey Closes Loophole, Increases Multi-Millionaires Rate

2. Alabama Announces Guidance in Response to Wayfair Decision

3. Michigan Provides Further Guidance on Impact of Federal Act

4. Remote Sellers Will Have Wisconsin Tax Duties Beginning October 1

5. Indiana Updates Remote Seller Guidance

6. Indiana Explains Income Taxes on Overseas Earnings

7. Enacted Louisiana law addresses the timing of expiring corporate income tax provisions

8. California OTA Issues Updated Draft of Proposed Permanent Regulations on Administration and Procedures of Appeals and Petitions for Rehearing

9. Indiana DOR Bulletin Discusses Recently Enacted Legislation, Including State Impact of IRC Sec. 965 Repatriation Provisions, GILTI, and IRC Sec. 163(j)

10. Maine Revenue Services Explains Procedures for Filing and/or Amending Returns Given State’s Nonconformity to Recent Federal Tax Law Changes

11. Pennsylvania: Bulletin Reflects New Law Reversing DOR’s Previous Policy by Allowing for Depreciation of 100% Bonus Property

12. New Jersey: New Law Requires Amnesty Program with Potential Waiver of 100% Penalties and 50% Interest

13. Massachusetts Appellate Tax Board Holds that Taxpayer is a “Manufacturer” Required to Compute its Corporate Excise Tax Liability Using Single Sales Factor Apportionment

14. New Jersey: New Law Includes Mandatory Combined Reporting Regime, Market-Sourcing Provisions, CBT Surtax, and Responses to Some Provisions of the Federal 2017 Tax Act

15. New York: Appellate Court Affirms Tax Appeals Tribunal Ruling Addressing Bank’s Treatment of NOLs

16. Vermont: New Law Updates State Conformity to Internal Revenue Code; Responds to Some Provisions of the Federal 2017 Tax Act

17. Georgia DOR Explains Exclusion for Dividends from Sources Outside the US, Including Application of IRC Sec. 965 Provisions

18. North Carolina: New Law Modifies Sourcing Language for Receipts from Intangibles for Sales Factor Purposes

19. Oregon DOR Issues Administrative Rule on New State Repatriation Tax Credit Pursuant to IRC Sec. 965 Repatriation Income for Tax Year 2017

20. Connecticut Issues GILTI Guidance

21. North Carolina Changes Intangible Property Sourcing Rules

22. MTC Adopts Apportionment Regulation Amendments

23. Delaware Imposes Tax on Series LLCs

24. Utah Enacts Deferred Foreign Income Changes

25. Florida DOR Holds that Taxpayer May Include Certain Intercompany Sales with Foreign Affiliates in its Sales Factor

26. New Jersey Division of Taxation Explains Upcoming Amnesty Program with Potential Waiver of Penalties, Reduced Interest, and Non-Participation Penalties

27. Alaska: New Law Requires Public Utilities to Use MTC Three-Factor Apportionment Formula for Corporate Income Tax Purposes

28. Connecticut: New Guidance Issued on Treatment of GILTI for Corporation Business Tax Purposes

29. Minnesota DOR Discusses How 2017 Federal Tax Act May Affect Business Tax Returns for Tax Year 2018

30. Rhode Island DOT Comments on Some State Tax Impacts of the Federal 2017 Tax Act

31. Utah: New Law Clarifies Previously Enacted Legislation Involving IRC Sec. 965 Deferred Foreign Income, and Revises NOL Provisions

32. Rhode Island Adopts C Corp IRC Sec. 965 Regulations

33. California Taxpayer Cannot Force Retailer to Seek Sales Tax Refund

34. Minnesota Hosting SST Meeting to Discuss Wayfair

35. Maryland Issues Wayfair Guidance

36. Indiana Wayfair FAQ Page Talks Enforcement

37. SST Meets to Discuss Wayfair

38. Texas Provides Guidance on Wayfair Decision

39. Wayfair Decision Does Not Affect Rhode Island Remote Sellers

40. Minnesota Sets Remote Collection Date

41. Indiana Explains Impact of Wayfair

42. Nebraska Issues Guidance for Remote Sellers

43. Utah Enacts Economic Nexus Law

44. Alabama Explains Impact of Federal Tax Cuts and Jobs Act

45. Michigan Issues Sales Tax Economic Nexus Guidelines

46. MTC Adopts Two Amended Model Rules Pursuant to Section 18 Alternative Apportionment Regulatory Project

47. Alabama DOR Issues Preliminary Guidance on Some State Impacts of the Federal 2017 Tax Act

48. Delaware: New Law Imposes Annual Tax on State-Registered Series LLCs

49. Michigan Appellate Court Affirms Disallowance of MBT Modified Gross Receipts Tax Base Deduction for Purchased Services

50. Vermont Department of Taxation Issues Certain Guidance on Federal 2017 Tax Act, Specifically the Inclusion of IRC 965 Income on State Returns

51. Arkansas DFA Says Remote Sellers Should Register and Collect Tax Pursuant to Recent US Supreme Court Decision that Overrules Quill

52. Kentucky DOR Updates Post- Wayfair Comments; Announces October 1 Enforcement Date and Reiterates Prospective Implementation

53. Nebraska DOR Comments on Recent US Supreme Court Decision that Overrules Quill, Including January 1, 2019 Enforcement Date and Promise of “No Retroactivity”

The above represents 'general curating' of state tax developments into one spot. If you still feel overwhelmed by the volume of state tax developments, please consider my 'custom curating' service. Meaning, clients hire LEVERAGE SALT to daily curate state tax developments relating to a specific industry, state(s), tax type and issue. You can make it as granular as you prefer. This allows you to reduce information overload, and only get the information you need to help your clients or company. This service is provided on a fixed-fee or subscription basis. Contact me at strahle@leveragesalt.com.

STATE TAX KNOWLEDGE UPDATE (62 ITEMS) - MAY 2, 2018

The following are state tax and business developments I have curated since April 11th, and posted in the LEVERAGE SALT LinkedIn group:

Some of the items may be on the same state/issue/topic, but they are from different sources which may give you a broader perspective to help your company or client.

1. Legislative Session Review: Idaho

2. Legislative Session Review: Arkansas

3. Maryland Legislature Sends Single-Sales Factor Bill to Governor

4. Oklahoma Enacts Marketplace Sales Legislation

5. Oregon Updates IRC Conformity, Repeals Tax Haven Law

6. Oregon Extends Interstate Broadcaster Apportionment Provisions

7. Maine Amends Headquarters Credit, Other Provisions

8. Enacted Oklahoma Marketplace Sales Legislation Detailed

9. Virginia Allows Modified Apportionment Factors for Certain Companies

10. New York Enacts Budget With IRC Conformity, Other Changes

11. Nebraska Updates IRC Conformity

12. Tennessee Allows Financial Asset Managers to Elect Single Receipts Factor Apportionment

13. New Arizona Law Updates State Conformity to Some Provisions of IRC

14. Texas Comptroller Reminds that Tax Amnesty Program will Run from May 1 to June 29 and Provides for Potential Waiver of Penalties and Interest

15. Connecticut Administrative Guidance Discusses Treatment of IRC Sec 965 Federal Repatriation Transition Tax

16. New York 2018-2019 State Budget Bill Addresses Treatment of Some Provisions of the 2017 Federal Tax Reform Act

17. New Oregon Law Updates State Conformity to IRC for Specific Provisions and Extends Sunset Date of Modified Apportionment Regime for Interstate Broadcasters

18. New Alabama Law Requires Certain Marketplace Facilitators to Collect and Remit Tax or Else Adhere to Information Reporting Requirements

19. Oregon Enacts Qualified Business Income Addition

20. Kentucky Enacts Apportionment Formula, Rate, Other Changes

21. Kentucky Broadens Sales Tax Base, Hikes Cigarette Tax, Makes Other Changes

22. Digital Tax Arguments Focus on Role of Congress, Compliance Costs

23. Insight: ‘Wayfair: Covering the Waterfront—Amicus Briefs Supporting Respondents

24. A Brief History of the Biggest State Tax Case in a Generation

25. Rhode Island Discusses Treatment of IRC Sec. 965 Income

26. South Dakota v. Wayfair - TTR Explains What Tax Technology Options Really are Available

27. No Simple Story About Tax Bill’s Impact on States

28. Cap on the State and Local Tax Deduction Likely to Affect States Beyond New York and California

29. State & Local Tax Advisory: The Supreme Court Weighs a New State Tax Nexus Standard, Again | Alston & Bird LLP

30. New Mexico Administrative Hearings Office Issues Timely Opinion Regarding State Taxation of Subpart F Income and Dividends from Foreign Affiliates

31. Oregon Taxpayers Denied Use of MTC’s Apportionment Formula

32. Kentucky Might Require Combined Reporting, Many Tax Changes

33. Virginia Enacts Subtraction for REIT Income

34. The Tax-Savvy Company Restructuring

35. Adopt or adapt? New IRS partnership audit rules affect states

36. Legislative Session Review: Florida

37. New Jersey Permits Dedicated Prepayment of Anticipated Taxes

38. Maryland Phases in Single-Sales Factor Apportionment Formula

39. Legislative Session Review: Nebraska

40. New Arizona Law Allows Some Taxpayers to Bypass OAH Process and Appeal Tax Dispute Directly to Board of Tax Appeals

41. Arizona DOR Issues Notice Regarding Certain Fiduciary Return Filers with IRC Sec 965 Repatriation Income for 2017 Tax Year

42. California FTB Issues Fourth and Final Report to Legislature on Recently Enacted Federal Tax Reforms

43. New Maryland Law Phases in Single-Sales Factor Apportionment for Corporate Income Tax Purposes

44. New Nebraska Law Provides Adjusted Basis Computation for Certain IRC Sec 179 Depreciable Property

45. New Hampshire DOR Administration Issues Report on How 2017 Federal Tax Reforms May Affect State Income Taxation – New Law Revises Effective Dates of Tax Rate Changes Enacted in 2017

46. New York City Memo Explains Deemed Repatriation Income under GTC, BTX, and UBT

47. Pennsylvania DOR Discusses Application of IRC Sec 965 RTT to State CNIT

48. Rhode Island Division of Taxation Provides Guidance on Treatment of IRC Sec 965 Income for Individuals and Pass-through Entities

49. MTC Approves Hearing Officer Report on Apportionment Regulation Amendments

50. Ohio Supreme Court Overturns Reduced NOL Credit

51. THE BEST AND WORST OF SALES TAX ADMINISTRATION

52. Conformity with federal tax reform will result in an estimated state corporate tax base increase of about 12% for the first ten years

53. FY 2019 STATE BUDGET STATUS

54. NCSL: REMOTE SALES TAX COLLECTION ANALYSIS & OPINION

55. Years of work to simplify the collection of remote state sales taxes may soon pay off.

56. Kentucky legislature overrides Governor's veto of tax plan

57. Florida Explains Treatment of Repatriation Income

58. Kentucky Requires Combined Reporting in Tax Reform Bill

59. Pennsylvania Explains Treatment of Repatriation Income

60. Alabama Provides Guidance on IRC Sec. 965 Repatriation Income

61. Kentucky Clarifies Definition of Prewritten Computer Software

62. Kentucky Enacts Combined Reporting

The above represents 'general curating' of state tax developments into one spot. If you still feel overwhelmed by the volume of state tax developments, please consider my 'custom curating' service. Meaning, clients hire LEVERAGE SALT to daily curate state tax developments relating to a specific industry, state(s), tax type and issue. You can make it as granular as you prefer. This allows you to reduce information overload, and only get the information you need to help your clients or company. This service is provided on a fixed-fee or subscription basis. Contact me at strahle@leveragesalt.com.

State Tax Knowledge Update (41 items) - January 6, 2018

Happy New Year! 

I hope you are off to a great start (despite the extreme cold and snow many of you have been experiencing).  Be safe out there.

As we start the new year with federal tax reform finally enacted, we will begin to have to deal with the details, and how states will respond. This year's state legislative season should be very interesting. The District of Columbia and Pennsylvania have already provided some responses (see #30 and #32 below).

The following are state tax and business developments I have curated since December 12, and posted in the LEVERAGE SALT LinkedIn group:

Some of the items may be on the same state/issue/topic, but they are from different sources which may give you a broader perspective to help your company or client.

1. Income-producing activity of cable company is as licensee

2. Seattle Income Tax Ruled Invalid

3. Connecticut Fresh Start Program Has Begun

4. Florida DOR Issues Guidance on Voluntary Disclosure Program

5. Amended Alabama Rule Reflects New Law that Includes Loans and Credit Card Receivables in Property Factor for FIET Purposes

6. New California FTB Policy Prohibits Certain Ex Parte Communications Involving Alternative Apportionment Petition Hearings

7. Arkansas Taxpayers Reminded that New Law Taxes Specified Digital Products and Digital Codes Beginning January 1

8. Ohio Supreme Court Holds that Preparation of Company Gift Sets for Retailers Qualifies as Exempt Assembly Under Manufacturing Exemption

9. Washington DOR Issues Amended Business and Occupation Tax Rules on Financial Institution Apportionment to Conform with MTC Changes

10. Corporate Close-Up: New Jersey Court Rules That State Cannot Impose Corporate Business Tax on Foreign-Source Income Not Subject to United States Federal Income Tax

11. Tennessee DOR Subjects Cloud-Based Employee Scheduling Services to Sales and Use Tax

12. City of Chicago Department of Finance has changed the terms of its voluntary disclosure program

13. Trends in State Tax Policy, 2018

14. How States May React to Federal Tax Reform

15. Illinois updates the Revised Uniform Unclaimed Property Act

16. California Tax Update 2017

17. California Office of Tax Appeals Releases Final Draft Emergency Regulations on Rules for Tax Appeals

18. The 2018 National Multistate Tax Symposium

19. California OTA Issues Amended Proposed Emergency Regulations on Administration and Procedures of Appeals and Petitions for Rehearing

20. Indiana DOR Explains Success of its New Protest Review System

21. New Michigan Law Permits Alternate Method of Dispute Settlement/Resolution for Certain Tax Liabilities

22. Texas Comptroller Announces that Recently Enacted Tax Amnesty Program will Run from May 1 to June 29 Providing for Potential Waiver of Penalties and Interest

23. California FTB Updated New Policy Prohibits Certain Ex Parte Communications Involving Alternative Apportionment Petition Hearings

24. Massachusetts DOR Issues Proposed Regulations on Corporate Excise Tax Nexus

25. New Ohio Law Imposes Preferential Tax Rate on Certain Wages and Guaranteed Payments Paid by PEOs to Certain Owners of Pass-Through Entities

26. Texas Supreme Court Affirms Rejection of Taxpayer Use of Multistate Tax Compact Evenly-Weighted

27. CDTFA Discusses Expanded Partial Sales and Use Tax Exemption

28. Minnesota DOR Discusses New Law Imposing Collection and Remittance Responsibilities on Marketplace Providers

29. Ohio Trade Association Files Suit Challenging Validity and Enforcement of New Remote Seller Economic Nexus Law as Interpreted by Department of Taxation

30. PA Department of Revenue Bulletin: Federal 100 Percent Expensing Deduction Disallowed

31. Texas Supreme Court - Multistate Tax Compact three-factor election denied

32. District of Columbia Takes First Step to Decouple from Federal Tax Reform

33. State Strategies to Preserve SALT Deductions for High-Income Taxpayers: Will They Work?

34. State Tax Changes That Took Effect on January 1, 2018

35. Texas Tax Amnesty Begins May 1, 2018

36. Texas Supreme Court Denies Three-Factor Apportionment in Graphic Packaging

37. Federal tax reform and the states: Conformity is key

38. New York City small businesses to receive Commercial Rent Tax benefits

39. Indiana-based online participant revenue properly sourced out of state

40. Ohio Supreme Court affirms decision on employment service exemption

41. Pennsylvania provides guidance on the corporate NOL limitation

The above represents 'general curating' of state tax developments into one spot. If you still feel overwhelmed by the volume of state tax developments, please consider my 'custom curating' service. Meaning, clients hire LEVERAGE SALT to daily curate state tax developments relating to a specific industry, state(s), tax type and issue. You can make it as granular as you prefer. This allows you to reduce information overload, and only get the information you need to help your clients or company. This service is provided on a fixed-fee or subscription basis. Contact me at strahle@leveragesalt.com.

23 State Tax & Business Developments You May Want to Know - July 18, 2017

The following are state tax developments and commentary I have curated for today and posted in the LEVERAGE SALT LinkedIn group that you may find helpful:

1. The Ideal Federal Tax Rate? 21%

2. Welcome to the Wild, Wild West Where the States Have All the Guns!

3. Missouri ‘Suddenlink’ Decision Raises Questions Regarding Impact of 2016 and 2017 Legislation

4. Florida Passes Data Center Sales Tax Exemption

5. Delaware DOF Delays Adoption of Estimation Regulations as DOS Adopts Final Regulations

6. New York Significantly Steps up Audit Enforcement while Increasing Incentives for Voluntary Compliance

7. Sales Tax Slice: Following DMA v. Brohl, More States Require Out-of-State Sellers to Report Customers’ Purchases

8. Weekly Round-Up: Online Marketplaces, Remote Retailers and Digital Sales

9. Corporate Close-Up: Oregon Joins Montana in the Trend towards Market-Based Sourcing

10. FY 2018 BUDGET STATUS (for 50 States)

11. Why a Border Adjustment Tax Would Be a Bad Deal for States and Localities

12. THE BEST AND WORST OF STATE TAX ADMINISTRATION COST SCORECARD ON TAX APPEALS & PROCEDURAL REQUIREMENTS

13. 2017 STATE TAX AMNESTY PROGRAMS

14. Testimony before the Arkansas Tax Reform and Relief Task Force

15. COST’s Opposition to S.B. 1548 (“Accurate Reporting of Corporate Profits”/Mandatory Worldwide Combined Reporting)

16. Kansas Learned Its Lesson, But Will Other States?

17. State Inheritance and Estate Taxes: Rates, Economic Implications, and the Return of Interstate Competition

18. Partnership Taxation - A State Tax Administrator's Perspective

19. State Corporate Income Taxes and the Effect on European Taxes

20. UDITPA Sec. 18 Regulatory Project Work Group Meeting

21. Nexus Committee Meeting

22. Use Tax Information Reporting Work Group

23. Partnership Work Group Meeting

If you like the curating of state tax developments into one spot (regardless of firm), but still feel overwhelmed by the volume of state tax developments, please consider my 'custom curating' service. Meaning, clients hire LS to daily curate state tax developments relating to a specific industry, state(s), tax type and issue. The client can make it as granular as they prefer. Clients hire LS to curate information for multiple specific items on a daily basis. Unlike getting updates on a publisher's research platform, LS custom curation will provide updates from multiple sources including accounting firms, law firms and state websites. This service is provided on a subscription basis.