In the latest SALT@Work column for the Journal of Multistate Taxation and Incentives, Eversheds Sutherland Partner Charlie Kearns provides an overview of the Pension Source Law, specifically its treatment of excess benefit plans, as well as recent guidance from New York that applies those provisions.
In the News
California’s attempt to extend transfer pricing to sales tax
By Eric Tresh, Timothy Gustafson & Elizabeth Cha on
Posted in California, In the News
Sales taxes are imposed by all but five states. While the types of sales that are subject to tax vary significantly by state, virtually all sales tax states look to the actual consideration paid by the buyer to the seller to determine the sales price. Despite this long-standing and almost uniform measure of the sales…
California’s Latest Wealth Tax Proposal: An Overview of AB 310
By Timothy Gustafson & Eric Coffill on
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Appeal of Prince: California Taxation of Nonresident Income From Restricted Stock
By Charlie Kearns & Chelsea Marmor on
State taxation of a nonresident employee’s equity award, such as nonqualified stock options (NQSOs) or restricted stock units (RSUs), has long been a thorn in the side of many tax practitioners, payroll departments, and – of course – employees. In Appeal of Prince, California’s Office of Tax Appeals (OTA) recently addressed the state’s taxation…
Illinois Governor Appoints New Tax Tribunal Judge
By Breen Schiller & Dennis Jansen on
Posted in In the News
On April 27, Illinois Governor J.B. Pritzker appointed retired Circuit Court Judge Edward Washington II to the Illinois Independent Tax Tribunal. The appointment was for a vacant position, so it appears that Judges Brian F. Barov and James M. Conway will continue in their roles.
Edward Washington II was a judge of the 5th Subcircuit…
Georgia Governor Signs Taxpayer Fairness Act Limiting Administrative Deference in Georgia Tax Controversies
By Jonathan Feldman & Justin Brown on
Posted in In the News, Tax Reform
On April 29, 2021, Georgia Governor Brian Kemp signed SB 185, limiting the application of administrative deference in Georgia tax controversies. This law seeks to level the playing field in state tax litigation matters by reducing the level of deference accorded to the Department of Revenue’s interpretations of ambiguous laws. The law provides that…
SALT Policy Picks: Sales Tax Base Expansion Is Not the Answer
By Nikki Dobay on
Posted in In the News
This year, Partner Nikki Dobay launched a new column for Tax Notes entitled “SALT Policy Picks,” which provides Nikki’s reflections on state and local tax policy and legislative updates.
In one of her initial columns, Nikki argues that now is not the time for states to consider sales tax base expansion, discussing specifically that…
California and Massachusetts Issue Employment Tax Guidance on Remote Work during COVID-19
In a prior SALT@Work column for the Journal of Multistate Taxation and Incentives, Eversheds Sutherland attorneys Charlie Kearns and Alexandra Louderback discussed the localization of work rules that determine where an employer will be subject to state unemployment insurance (UI) registration, reporting and taxes when an employee works in multiple states.
Shortly after that…
Won’t You Stay With Me? Illinois Department of Revenue Determines Sales Stay Sourced to Product Managers
By Breen Schiller & Chelsea Marmor on
Posted in In the News
The Illinois Department of Revenue issued a private letter ruling determining that for purposes of the Retailers’ Occupation Tax (ROT) and the Services Occupation Tax (SOT), a taxpayer that procured marketing materials on behalf of its clients properly sourced these sales to the location of the product manager, the employee responsible for procuring the materials.…
New York Slice: 2020 Year-in-Review (Part Two)
By Michael Hilkin & Chelsea Marmor on
Posted in In the News, New York
In their column for Bloomberg Tax, Eversheds Sutherland attorneys Michael Hilkin and Chelsea Marmor review some of 2020’s most noteworthy New York administrative and judicial decisions in Part Two of a review of 2020 developments in New York.
Read the full article here.