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
In the News
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.
Intangible Impact: New Mexico Court of Appeals Excludes Power Purchase Agreement from Valuation of Electric Plant
By Ted Friedman & Elizabeth Cha on
Posted in In the News
On January 6, 2021, the Court of Appeals of New Mexico held that a power purchase agreement (PPA), entered into by a wholesale electricity generator to secure compensation in exchange for providing electricity, constituted intangible property that is not subject to property taxation and cannot be included in the value of the wholesaler’s electric plant…
South Carolina Issues 163(j) Guidance Regarding Business Interest Expense Deductions
By Dennis Jansen & Nikki Dobay on
Posted in In the News
On January 26, the South Carolina Department of Revenue issued Revenue Ruling #21-2, which provides guidance regarding the state’s conformity to Internal Revenue Code (IRC) Section 163(j).
IRC Section 163(j) Background:
- For tax years beginning before January 1, 2018, IRC Section 163(j) limited business interest expense deductions for certain interest paid or accrued by
…
The California Office of Tax Appeals Looks at Residency
By Eric Coffill on
The topic of individuals leaving California, many of them for tax reasons, is a timely one. While some such moves are visible, the vast majority of these departures gather no publicity.
In an article for Bloomberg Tax, Eversheds Sutherland attorney Eric Coffill analyzes several recent decisions from the Office of Tax Appeals to see…
Chicago Weighs In on Wayfair Nexus, Permits Limited Safe Harbor
By Breen Schiller & Charles Capouet on
Posted in In the News, Noteworthy Cases
In response to numerous inquiries, the Chicago Departments of Finance and Law issued an Information Bulletin on their application of nexus to Chicago taxes in light of Wayfair v. South Dakota, 585 U.S. __, 138 S. Ct. 2080 (2018). Illinois has adopted an economic nexus standard by which out-of-state retailers making sales of tangible…
New York Slice: 2020 Year-in-Review (Part One)
By Chelsea Marmor & Michael Hilkin on
Posted in In the News, New York
The fallout from the Covid-19 health crisis dominated almost every part of New York life in 2020, including New York tax law.
In their column for Bloomberg Tax, Eversheds Sutherland attorneys Michael Hilkin and Chelsea Marmor discuss some of the most important New York legislative and regulatory tax developments to address the pandemic.
Read