The Michigan Court of Appeals reversed the Court of Claims and held that an assessment of additional franchise tax on a bank was invalid because the Department of Revenue had improperly calculated the tax base of the bank’s unitary business group (“UBG”). The Michigan Business Tax Act provides that, for a financial institution, the “tax
SALT Scoreboard – Third Quarter 2019
This is the third edition of the Eversheds Sutherland SALT Scoreboard for 2019. Since 2016, we have tallied the results of what we deem to be significant taxpayer wins and losses and analyzed those results. This edition of the SALT Scoreboard includes a discussion of the Illinois Appellate Court’s recent decision in Labell v. City
Utah Tax Commission Doesn’t Want a Piece of Your Video Streaming
On April 10, 2019, the Utah Tax Commission issued a private letter ruling to a video streaming provider (“Taxpayer”) finding that the Taxpayer’s sales of subscriptions entitling subscribers to enhanced features on the Taxpayer’s streaming platform, are not subject to sales and use tax. On its internet-based platform, the Taxpayer provides a video streaming service
SALT Scoreboard – Second Quarter 2019
This is the second quarter edition of the Eversheds Sutherland SALT Scoreboard for 2019. Since 2016, we have tallied the results of what we deem to be significant taxpayer wins and losses and analyzed those results. This edition of the SALT Scoreboard includes a discussion of the United States Supreme Court’s recent decisions in Kaestner
South Carolina Administrative Law Court Holds it May Not Enforce Summons for Delivery Records Issued to North Carolina Freight Carrier
The South Carolina Administrative Law Court (ALC) held that it could not enforce a Department of Revenue (Department) summons for delivery records issued to a North Carolina freight carrier that regularly transported out-of-state furniture into South Carolina. The Department’s summons requested records of all deliveries the company made into South Carolina, including each purchaser’s name,
New Jersey Tax Court Allows Unreasonable Exception to Royalty Addback
The New Jersey Tax Court held that a parent corporation was not required to add back to its corporation business tax base any amount of royalty payments it made to a subsidiary. The parent company and subsidiary company each filed a New Jersey CBT return. The parent deducted the royalty payment, and the subsidiary included
SALT Scoreboard – First Quarter 2019
This is the first edition of the Eversheds Sutherland SALT Scoreboard for 2019. Since 2016, we have tallied the results of what we deem to be significant taxpayer wins and losses and analyzed those results. This edition of the SALT Scoreboard includes insights regarding Virginia’s costs of performance sourcing, New Jersey’s addbacks of intercompany expenses,
Webcast: SALT Scoreboard – 2018 Year in Review
The quarterly Eversheds Sutherland SALT Scoreboard tallies significant state and local tax litigation wins and losses. In this Bottom Line webcast, Charles Capouet and Chelsea Marmor share 2018 year-end observations, including:
- the overall results for 2018, including a breakdown of corporate income tax and sales and use tax case results
- comparative results from 2016-2018
Eversheds Sutherland SALT Scoreboard Publication–Fourth Quarter 2018
This is the twelfth edition of the Eversheds Sutherland SALT Scoreboard, and the last edition from 2018. Since 2016, Eversheds Sutherland has tallied the results of what we deem to be significant taxpayer wins and losses and analyzed those results. This edition of the SALT Scoreboard includes insights regarding Louisiana’s refund procedure, credit for taxes
Legal Alert: Maryland bill proposes digital goods tax
The Maryland House of Delegates is considering legislation (House Bill 426) that would impose sales and use tax on digital products and sales tax on digital codes. If signed into law, Maryland would begin taxing digital products and digital codes on July 1, 2019. House Bill 426 was read for the first time in the