There are several federal statutes that limit state and local taxation, including the Internet Tax Freedom Act and Public Law 86-272. Ever since the U.S. Supreme Court handed down its decision in Murphy v. National Collegiate Athletic Association, there have been calls to apply the “anti-commandeering doctrine” to invalidate or limit these federal laws.
Free speech! Ohio Supreme Court strikes down Cincinnati’s billboard excise tax
The Ohio Supreme Court recently held that Cincinnati’s billboard excise tax is unconstitutional because the tax violated the First Amendment of the United States Constitution, finding that Cincinnati’s need to raise revenue by imposing the tax solely on a small number of billboard operators did not survive strict scrutiny.
In 2018, the Cincinnati City Council
Booze, ATVs, and a huge R&D backlog: Updates from the Texas Comptroller’s annual meeting
The Texas Comptroller of Public Accounts held its annual meeting on August 17 and provided taxpayers with updates regarding legislation, audit procedures, staffing, and other related topics. The meeting, which was held virtually, struck a positive tone regarding Texas’ fiscal outlook and taxpayer-friendly procedural changes.
Audit updates: hope in sight for staffing shortages and the
ARPA clawback interim rule — despite Safe Harbor, states fight on
In this installment of SALT Policy Picks for Tax Notes State, Eversheds Sutherland Partners Nikki Dobay and Jeff Friedman explore the interim final rule issued by Treasury regarding state and local government aid provided by the American Rescue Plan Act.
Let’s make a federal case out of it: time to revisit the Tax Injunction Act
In their article for the July-August issue of Tax Executive, Eversheds Sutherland attorneys Jeff Friedman, Todd Lard and Justin Brown discuss the Tax Injunction Act (TIA), specifically justifications for modernizing the TIA, including highlighting issues that the TIA has created and the legal and business changes that have taken place since 1937, when Congress
Taxpayer kicks asparagus: New Jersey Tax Court rules produce distributor protected by P.L. 86-272
The New Jersey Tax Court ruled that the in-state activities of an out-of-state wholesale produce distributor were protected under Public Law 86-272 (P.L. 86-272), a federal law that prohibits states from imposing a net income tax on an out-of-state taxpayer. The Taxpayer had no offices, property, employees or inventory in New Jersey, but it did
U.S. Solicitor General Opposes SCOTUS Review in New Hampshire v. Massachusetts
The U.S. Solicitor General has filed its amicus brief in New Hampshire v. Massachusetts (here). The Solicitor General argues that the United States Supreme Court should not exercise its original jurisdiction and it should deny New Hampshire’s facial constitutional challenge of Massachusetts’ taxation of New Hampshire residents.
For background, on October 19, 2020
Connecticut Digital Advertising Services and Wage Tax Proposals Moving Forward
On April 22, 2021, the Connecticut General Assembly’s Joint Committee on Finance Revenue and Bonding (“Joint Committee”) approved a revised revenue bill (HB6443) to implement the Connecticut state budget. We have learned that the revised bill includes: (1) a new digital advertising services tax; and (2) a new wage compensation tax, whereby, at
Bless your heart: Texas Considers Maryland-Style Digital Advertising Tax and Broad-based Service Tax proposals
Immediately before last Friday’s deadline for the filing of unrestricted bills, Texas lawmakers introduced a digital advertising tax bill and a bill that would expand sales tax to a wide array of services.
H.B. 4467, filed on March 12 by Rep. Trey Martinez Fischer (D-TX-116) would impose a tax on gross revenue from digital
Ides of March: Maryland lawmakers propose tax whistleblower program
A pair of recently-introduced Maryland bills would create a whistleblower program within the Maryland Comptroller’s office and possibly result in a headache for many taxpayers. The proposed whistleblower bills appear to be modeled after the IRS’ whistleblower program, although they contain a noticeably low materiality threshold and allow for the anonymous reporting of complaints.
The