In this installment of A Pinch of SALT for Tax Notes State, Eversheds Sutherland attorneys Jeff Friedman and Cyavash Ahmadi examine Egon Zehnder, a case they argue demonstrates why New York’s False Claims Act should never have been expanded to tax cases. The case reflects fundamental problems that go to the heart of
New York
Keep it close and approximate: New rules for market sourcing
By Eric Tresh & Elizabeth Cha on
Approximately 34 states require market sourcing to source sales of other than tangible personal property. Many states adopted market-sourcing rules in recent years and are only now beginning to finalize regulations regarding their implementation. A number of states have also adopted market-sourcing regulations attempting to provide additional clarity through more detailed rules.
In this installment…
New York State Division of Tax Appeals rules company’s services are nontaxable information services
By Elizabeth Cha, Catalina Baron & Jeremy Gove on
Posted in Digital Economy, New York
On September 29, 2022, the New York State Division of Tax Appeals determined that services involving the creation of customer engagement reports based on email tracking and email template usage data are nontaxable information services—particularly when use of software is only incidental to the performance of such services. The taxpayer sold “customer engagement services” to…
A breakdown of the New York tax regime
By Chelsea Marmor & Jeremy Gove on
In this episode of the SALT Shaker Podcast, Eversheds Sutherland Associate Jeremy Gove welcomes back Associate Chelsea Marmor to begin a new (optimistic) series highlighting all 50 states (and DC) by breaking down each tax system and its nuances.
To kick off his series, Chelsea joins him for a breakdown of the tax regime of…
Not home yet: New York State Tax Appeals Tribunal determines individual is not a statutory resident
By Ted Friedman & Elizabeth Cha on
The New York State Tax Appeals Tribunal reversed an administrative law judge determination and held that an individual was not a statutory resident of New York in 2014 because he did not maintain a permanent place of abode in New York for 11 months of the year.
On audit, the Department of Taxation and Finance…
New York City updates business corporation tax nexus standards
By Ted Friedman, Elizabeth Cha & Jeremy Gove on
Posted in New York
On August 31, 2022, New York Governor Kathy Hochul signed S.B. 9454, which aligns New York City’s nexus standards with New York State’s economic nexus standards. For tax years beginning on or after January 1, 2022, businesses have nexus with New York City and are subject to the City’s business corporation tax if they have…
New York launches twenty-five percent tax credit program for video game production
By Cyavash Ahmadi & Charles Capouet on
Posted in Digital Economy, New York
On August 10, 2022, the New York State Department of Economic Development issued emergency regulations to implement the state’s Digital Gaming Media Production Tax Credit Program. The legislature enacted the program to encourage, attract, and grow the digital game development industry in New York State. The purpose of the tax incentive, which was included in …
Getting personal with New York personal income tax
By Jeremy Gove & Chelsea Marmor on
On this episode of the SALT Shaker Podcast, Eversheds Sutherland Associates Jeremy Gove and Chelsea Marmor discuss all things New York personal income tax. They touch on two recent decisions that came out in New York – one from the Tax Appeals Tribunal and one from the Appellate Division (as Chelsea is quick to correct…
New York holds end of lease adjustments on fleet vehicles cannot give rise to sales tax refund
By Ted Friedman & Elizabeth Cha on
Posted in New York
A New York Division of Tax Appeals administrative law judge held that a fleet management company that leases fleets of vehicles to businesses in New York could not receive sales tax credits for refunds of tax paid to vehicle lessees at the end of their leases after a rental adjustment that reduced the total rent…
Legal Alert: New York revises recently issued “final draft” corporate tax regulations
Posted in Legal Alert, New York
Following New York City’s recent victory in a case regarding the apportionment of income earned by an out-of-state corporation from its sale of a non-unitary investment, the New York State Department of Taxation and Finance (NYS Department) memorialized the litigation position in an August 4, 2022 revision to the “final draft” regulations that it had…