September 2014

By Stephanie Do and Andrew Appleby

The Massachusetts Department of Revenue addressed the possible expiration and subsequent retroactive enactment of the federal Internet Tax Freedom Act (ITFA). The Department advised Internet Service Providers (ISPs) to continue to rely on Technical Information Release (TIR) No. 05-8 (July 14, 2005), until further notice, to determine the taxability

Thumbnail image for Thumbnail image for Thumbnail image for Thumbnail image for ClayWithSam.jpgMeet Samwise Fleming (Sam for short), the lovable eight-year-old Golden Retriever belonging to Clay Fleming of Revel Consulting. Sam has been with Clay since he was just a pup – coming home to reside in the Pacific Northwest in July 2006.

Known for its many scenic outdoor activities, Woodinville, Washington, is a popular spot for

By Derek Takehara and Andrew Appleby

The Minnesota Supreme Court upheld the Minnesota Department of Revenue’s imposition of sales tax on a software company’s sale of partially customized software because the taxpayer failed to separately state customization charges on customer invoices. The taxpayer licensed software that analyzed information on retailers’ cash registers. The taxpayer always

The Maryland Chamber of Commerce has entered the battle against Maryland’s unconstitutional personal income tax regime. Filing as amicus curiae before the U.S. Supreme Court in Maryland State Comptroller of the Treasury v. Wynne, the Maryland Chamber identified the fatal flaw with Maryland’s personal income tax: by not providing full relief to Maryland residents

By Ted Friedman and Prentiss Willson

The Texas Comptroller determined that for Texas franchise tax purposes the apportionment factor of an out-of-state taxpayer engaged in the provision of technical training could not be adjusted to account for certain costs incurred in preparing and marketing the training sessions. The training sessions that were sold in Texas

By Jessica Kerner and Pilar Mata

The Georgia Department of Revenue determined that a company’s cloud-based applications and related services are not subject to Georgia sales and use tax. The company maintains and operates hardware and software on servers located outside of Georgia that it uses to support its customers’ telecommunications equipment, including voice, video

On September 18, 2014, the New York State Tax Appeals Tribunal decided its first combination case addressing the 2007 changes to New York’s combined reporting regime: Matter of Knowledge Learning Corporation and Kindercare Learning Centers, Inc. Reversing a prior determination by an Administrative Law Judge, the Tribunal held that the taxpayers did indeed meet their

By Suzanne Palms and Pilar Mata

The Washington Department of Revenue determined that taxpayers have a right to rely on written but not oral instructions from the Department of Revenue. The taxpayer operated an Internet marketing business and sold its services to customers both inside and outside the state. In June 2011, the taxpayer amended