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Tax Developments
December 16, 2008
On December 2, 2008, the Michigan Department of Treasury ("Department") issued Revenue Administrative Bulletin (RAB) 2008-8. >More
December 01, 2008
On April 23, 2008, the New York State Department of Taxation and Finance formally established a Voluntary Disclosure and Compliance (VDC) Program under N.Y. Tax Law § 1700 to encourage taxpayers to voluntarily correct overdue tax liabilities and comply with New York tax laws. >More
September 05, 2008
In a decision rendered on September 2, 2008, the Ohio Court of Appeals (the "Court") held that, as it applies to gross receiptsfrom certain food sales, Ohio's new Commercial Activity Tax (CAT) violates the state constitution.
>More
September 01, 2008
The Louisiana Legislature has adopted House Bill 579, a Ryan-backed bill signed into law by Governor Bobby Jindal, which will greatly benefit taxpayers by requiring the state to pay refunds within 45 days of a final determination.
>More
August 05, 2008
The Washington Board of Tax Appeals (BTA) has recently ruled that a Verizon Wireless affiliate was entitled to a refund of use taxes paid on software downloaded onto company servers located in California.
>More
August 04, 2008
New official guidance has been issued under Technical Services Bureau (TSB) memorandum TSB-M-08(3)S as supplemented by TSB-M-08(3.1)S by the New York State Department of Taxation and Finance, explaining sales tax legislation that was effective on April 23, 2008.
>More
July 23, 2008
On Tuesday, July 22, 2008, the Executive Committee (the “Committee”) of the NCCUSL retreated from its prior direction to the Drafting Committee to consider revising the UDITPA—the model act that several states have adopted to govern their corporate income tax collection.
>More
July 16, 2008
The Wisconsin Supreme Court ("Court") ruled in favor of the Menasha Corporation when it decided to affirm the Appeals Court decision that an enterprise-wide accounting software package is exempt from sales and use tax.
>More
July 01, 2008
On May 29, 2008, New Jersey Tax Court Judge Harold Kuskin issued an opinion in the case of Pfizer et al. v. Director, (Tax Ct., 2008), denying the plaintiffs’ motion for summary judgment on the issue of whether New Jersey’s “Throwout Rule” is facially unconstitutional.
>More
June 13, 2008
The Texas Comptroller of Public Accounts recently announced that auditors will begin assessing sales tax on sales to direct payment permit holders, in the absence of properly completed direct payment exemption certificates.
>More
June 13, 2008
According to a press release issued by Nevada Governor Jim Gibbons on June 2, 2008, the Nevada Tax Commission unanimously approved the adoption of regulations in support of the Governor's tax amnesty proposal. Now that the Tax Commission has given its approval, the Governor is expected to sign emergency regulations authorizing the amnesty program later this month.
>More
June 10, 2008
The U.S. Supreme Court has upheld the state tax treatment of municipal bond interest, under which a state exempts from its corporate and personal income taxes the interest on bonds issued by the state, but not the interest on bonds issued by sister states.
>More
June 03, 2008
The National Conference of Commissioners on Uniform State Laws (NCCUSL) Drafting Committee (the “Committee”), which will consider possible changes to the Uniform Division of Income for Tax Purposes Act (UDITPA), held its organizational meeting in Chicago May 30–31, 2008.
>More
May 29, 2008
Governor Sonny Perdue signed into law House Bill 237, which was sponsored by Georgia State Representative Chuck Martin, a Director in the Firm’s Atlanta office. This legislation dramatically expands the sales and use tax exemption for manufacturing machinery and equipment and is effective January 1, 2009.
>More
May 09, 2008
On April 8, 2008, the Alabama Supreme Court granted certiorari in the case of Surtees v. VFJ Ventures to review the February 8, 2008 Court of Civil Appeals decision that reversed the trial court holding.
>More
May 09, 2008
The U.S. Supreme Court has issued a decision on the case of MeadWestvaco Corp. v. Illinois Department of Revenue, Docket No. 06-1413, vacating the judgment of and remanding the case back to the First District Appellate Court of Illinois.
>More
April 24, 2008
The Texas Comptroller of Public Accounts (“Comptroller”) announced today that businesses who are unable to file their annual franchise tax returns or extensions by the May 15, 2008 due date will have an additional 30 days to file the returns or extensions without penalty.
>More
April 04, 2008
In a recent decision by the Georgia Court of Appeals (“Court of Appeals”) in Ethicon, Inc. v. Georgia Department of Revenue, Court of Appeals of Georgia, Nos. A07A2024 and A07A2025 (March 25, 2008), purchases of shielding gases by a medical supply manufacturer were exempt from sales and use taxes under Ga. Code Ann. § 48-3-8(35)(A)(ii).
>More
March 19, 2008
In the February 2008 edition of Tax Policy News, the Texas Comptroller of Public Accounts (“Comptroller”) addressed the reporting requirements for nontaxable entities.
>More
March 18, 2008
The Texas Comptroller of Public Accounts (“Comptroller”) has released the final report forms and instructions needed to prepare annual reports under the revised Texas Franchise Tax, which are due on May 15, 2008.
>More
March 11, 2008
In a recent Administrative Law Judge (ALJ) decision from Alabama, it was concluded that the gain from the sale of a 1/3 stock interest in a European company, by an Illinois-based company, was not apportionable to the state, despite the company having nexus in Alabama.
>More
February 27, 2008
In a recent decision, the California Court of Appeals (the "Court") affirmed a trial court decision that California’s annual levy on limited liability companies (LLCs) imposed under Revenue and Taxation Code, Section 17942 was in fact a tax and, as imposed on an LLC based outside the state, violated the Commerce Clause of the U.S. Constitution.
>More
February 06, 2008
The Washington, D.C. Council ("the Council") has been trying to help small businesses stay in the District despite the unrelenting pressure on their profitably due to increased operating costs. One of the primary causes of their declining profitability has been increased property taxes.
>More
January 23, 2008
On January 18, 2008, the Comptroller of Public Accounts of the State of Texas (the “Comptroller”) announced a revised due date for initial Texas franchise tax reports originally due from January 1, 2008 through April 30, 2008. The revised due date for all such returns is now May 1, 2008.
>More
January 18, 2008
The Comptroller of Public Accounts of the State of Texas (the “Comptroller”) reconsidered its policy of requiring taxpayers who elect to capitalize cost of goods sold (COGS) to assign a value of zero to their beginning inventory for purposes of computing the COGS deduction for report year 2008. The Comptroller’s new policy will allow said taxpayers to include their beginning inventory in the COGS computation.
>More
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