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
In the News
MTC’s Partner-Ship Tax Project Sets Sail
By Nikki Dobay & Eversheds Sutherland SALT on
Posted in In the News
On June 15, 2021, the Multistate Tax Commission (“MTC”) held its first meeting to discuss the “Project on State Taxation of Partnerships.” The work group intends to focus on the “underdeveloped” state partnership tax rules and provide guidance and structure in the state partnership taxation realm.
During the first meeting, the work group focused on…
SALT Policy Picks: 2021 Q1 legislative overview — what a ride!
By Nikki Dobay on
Posted in In the News, Policy and Legislation
In this installment of SALT Policy Picks for Tax Notes State, Eversheds Sutherland Partner Nikki Dobay reviews state tax bills enacted in the first quarter of 2021, including legislation on sales tax, COVID-19-related issues, and IRC conformity
New York Slice: Executive orders create continued administrative tax appeals deadline confusion
By Michael Hilkin & Jeremy Gove on
Posted in In the News, New York
New York Governor Andrew Cuomo issued a series of executive orders beginning on March 20, 2020, tolling statewide legal filing deadlines from March 20, 2020, to Nov. 3, 2020.
In their column for Bloomberg Tax, Eversheds Sutherland attorneys Michael Hilkin and Jeremy Gove note there is confusion over whether the executive orders apply to…
Application of the Pension Source Law to excess benefit plans
By Charlie Kearns on
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.
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…