On August 18, 2020, the New York Supreme Court, Albany County, held that there was no rational basis for New York’s imposition of sales tax on storage services performed in New Jersey that occurred subsequent to the initial sale and pickup of items in New York. The taxpayer, a New Jersey corporation, operated corporate records
Lost in customs: New York Tax Appeals Tribunal disallows deduction for royalties paid by foreign nontaxpayer affiliates
On Aug. 6, the New York Tax Appeals Tribunal held that royalties received from a foreign affiliate are taxable and are not subject to New York’s royalty income exclusion provision under former Tax Law § 208(9)(o)(3).
Prior to its amendment, Tax Law § 208(9)(o)(3) provided for a deduction for royalties received from a related member
California’s Flawed Proposal to Expand False Claims Act to Tax
In a forthcoming article in State Tax Notes, Eversheds Sutherland SALT partner Jeff Friedman and associate Dennis Jansen explore the issues with A.B. 2570 – California’s latest attempt to extend the state’s whistleblower statute to tax claims.
The bill is purportedly designed in increase revenues by targeting tax fraud. However, instead of exposing tax
New York Considers Requiring Rental Platforms to Collect Tax
The recently introduced SB 8627 would require short-term rental platforms to collect and remit sales taxes on behalf of the hosts on rental units leased outside of New York City. A similar measure was introduced last year but died in committee.
New York Proposes 10% Digital Advertising Tax
The New York State Assembly will consider AB 10706, the Digital Ad Tax Act or DATA, which would impose a sliding scale of taxes on digital advertising services that use personal information about the people the advertisements are targeting. The tax starts at 2.5% imposed on the annual gross revenues derived from digital advertising
There’s No Turning Back: New York State Tax Appeals Tribunal Holds Retroactive Application of Statutory Amendments Violates Due Process
The New York State Tax Appeals Tribunal struck down the retroactive application of legislative amendments to a taxpayer who reasonably relied on a precedential decision of the Tribunal that was final and irrevocable at the time the taxpayer sold his shares in an S corporation.
On July 31, 2009, the non-resident taxpayer sold shares in
A Cup of Coffee with Duncan Riley, NYC Department of Finance
This podcast is hosted by Open Weaver Banks and features excerpts from the webcast of a casual conversation with Duncan Riley, Director of the Conciliation Bureau at the NYC Department of Finance.
Open and Eric Tresh ask Duncan about his perspective on the New York City Conciliation Bureau’s role in heading off litigation and resolving
Keeping it Convenient? Bill Introduced in NY Senate that Would Allow Employers to Withhold Based on “Normal Work Location.”
New York S. 8386, introduced and referred to the Budget and Revenue Committee on May 21, 2020, provides that employers “may designate” remote work by employees who have been required to telework during the Covid-19 pandemic state of emergency “as having been performed at the location such work was performed prior to the declaration
It’s Electric: New York Tax Appeals Tribunal Holds Electricity Generator is Qualified New York Manufacturer
The New York State Tax Appeals Tribunal held that an electricity generation company was a qualified New York manufacturer for purposes of calculating New York State franchise tax on a corporation’s capital base, even though the company did not qualify for purposes of the entire net income base.
During the period at issue, a New
Principally Engaged: New York Looks to 50% of Gross Receipts for Determining Filing Status
The New York Department of Taxation and Finance recently published an advisory opinion stating that a taxpayer’s New York corporate income tax filing status should be determined by “what activity [a taxpayer] is principally engaged in” and by whether 50% of its aggregate gross receipts in a taxable reporting period are from such activities. The