Residency/domicile is a critical issue in a state-tax analysis because, as a general principle, a state taxes its own residents on all their income from whatever sources it is derived (typically with a credit mechanism for some or all tax paid to another state on that same income). However, regardless of residency and regardless of
In the News
Nexus news – recent Due Process and P.L. 86-272 cases
In this column for Journal of State Taxation, Eversheds Sutherland Partner Breen Schiller discusses two important nexus defenses, Due Process Clause and P.L. 86-272, as well developments in this area.
California legislative session ends with no major tax increase bills
The California Legislature adjourned on September 10 and ended the 2021 legislative session without passing any major tax increase bills during the session. Several proposals were under consideration during the early part of the session, but were not revived before adjournment.
In his article for Financial Advisor Magazine, Senior Counsel Eric Coffill describes important
The custom work of state tax
This installment of “Behind the Board,” which highlights the milestones, challenges, and lessons of Tax Notes State’s advisory board, focuses on Senior Counsel Eric Coffill.
Read more about Eric’s career and reflections here.
Teleworking issues – different takes for different states
While state and local governments have ended or relaxed mandatory work-from-home orders and are trying to bring back the in-person workforce, some employees remain hesitant to return to in-office work for numerous reasons. This trend may result in unanticipated tax obligations for employers and employees because many of the pandemic-related hold-harmless protections from withholding and…
Recapping states’ SALT cap workarounds
On a recent episode of Tax Notes Talk, a weekly podcast of cutting-edge developments in tax from Tax Notes, Eversheds Sutherland Partner Nikki Dobay discusses the SALT cap workarounds for passthrough entities that many states have adopted, and possible coming developments for those policies.
It’s alive: the Illinois franchise tax and its impact on M&A
In this installment of A Pinch of SALT for Tax Notes State, Eversheds Sutherland attorneys Breen Schiller, Eric Tresh and Jeremy Gove explore the Illinois franchise tax and recommend that taxpayers reacquaint themselves with the mechanics of the tax to understand the potential pitfalls of various corporate transactions.
Hawaii and Texas join growing list of states adopting federal rule restricting expert discovery
In an article for Bloomberg Tax, Eversheds Sutherland attorneys Dan Schlueter and Fahad Mithavayani highlight how Hawaii and Texas are the latest states to join the trend to restrict the discoverability of attorney communications with expert witnesses and what it means for state tax litigation.
Smooth sailing: MTC begins discussions on the outline for its project on State Taxation of Partnerships
On August 17, 2021, the Multistate Tax Commission (MTC) held its first meeting of the State Taxation of Partnerships Project (the Partnership Project), during which the work group discussed a draft outline of partnership issues. The Partnership Project is being chaired by Laurie McEhatton (California Franchise Tax Board) and staffed by Helen Hecht (General Counsel…
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.



