Calling all trivia fans! Don’t miss out on a chance to show off your SALT knowledge!

We will award prizes for the smartest (and fastest) participants.

This week’s question: In which state was a bill recently introduced that would institute a $3 delivery fee for deliveries taking place in the state’s largest city?

E-mail your response to SALTonline@eversheds-sutherland.com.

The prize for the first response to today’s question is a $25 UBER Eats gift card. This week’s answer will be included in our SALT Shaker Weekly Digest, distributed on Saturday. Be sure to check back then!

This week, Eversheds Sutherland SALT Counsel Chealsea Marmor is pleased to cover post-merger integration during the 2025 National Multistate Tax Symposium, held February 5-7 in Lake Buena Vista, FL. During her panel on February 6, Chelsea will explore post-restructuring integration, focusing on administrative efficiencies, best practices in SALT compliance, and fostering a harmonious business culture within the corporate tax function.  

The California Franchise Tax Board (FTB) has proposed amendments to its regulations that govern how sales of services and intangibles are sourced for income tax purposes. The changes to this income tax apportionment regulation will apply to nearly every corporation that pays California tax. Comments regarding these proposed changes are due no later than February 5, 2025.

Read the full Legal Alert here.

Calling all trivia fans! Don’t miss out on a chance to show off your SALT knowledge!

We will award prizes for the smartest (and fastest) participants.

This week’s question: On January 21, 2025, the United States Supreme Court denied reviewing a closely followed state tax decision from which state?

E-mail your response to SALTonline@eversheds-sutherland.com.

The prize for the first response to today’s question is a $25 UBER Eats gift card. This week’s answer will be included in our SALT Shaker Weekly Digest, distributed on Saturday. Be sure to check back then!

On January 21, 2025, New York Governor Hochul released her Fiscal Year 2026 Executive Budget and accompanying legislation (the Budget Bill). The Budget Bill includes a middle-class tax cut, a temporary personal income tax high income surcharge extension, and addresses a number of new and existing credits. It does not contain any new taxes or rate increases.

Read the full Legal Alert here.

Calling all trivia fans! Don’t miss out on a chance to show off your SALT knowledge!

We will award prizes for the smartest (and fastest) participants.

This week’s question: The legislature of which southern state recently introduced a bill that would impose a $0.30 delivery fee on each retail delivery within the state?

E-mail your response to SALTonline@eversheds-sutherland.com.

The prize for the first response to today’s question is a $25 UBER Eats gift card. This week’s answer will be included in our SALT Shaker Weekly Digest, distributed on Saturday. Be sure to check back then!

The Virginia Court of Appeals recently held that the Virginia Department of Taxation cannot make it a requirement for a corporation to include the income and factors of a 17% owned LLC with its own income and factors as a unitary business. The taxpayer obtained the interest in question in exchange for the sale of several travel centers to a buyer LLC during bankruptcy proceedings. The court based their decision on the facts that the taxpayer and the buyer were not centrally managed, the companies shared no business activities, derived no economies of scale, and obtained no cost efficiencies they would not have been able to get on their own from their relationship. This decision demonstrates that entities taxed as partnerships are not always unitary entities, despite the position of a taxing agency.

Commonwealth of Virginia Department of Taxation v. FJ Management Inc., Record No. 0701-23-2, Nov. 12, 2024.

The taxpayer, a wholesale drug distributor, was subject to the Wholesale Drug Distributor Tax which is imposed on the taxpayer’s gross revenues from selling prescription drugs. The taxpayer offered rebate programs which provided a discount on future invoices based on a customer’s purchases from the prior month/quarter. The taxpayer did not previously include the rebate amounts in its reported gross revenues and the Commissioner issued an assessment to add back the rebates. The taxpayer argued that gross revenues are defined as the “total amounts received in money or otherwise” and the taxpayer never received the rebate amounts because it was contractually obligated to return the rebates to customers. While the Commissioner argued that since the taxpayer pays rebates to customers in the month/quarter after the purchase is originally made, the taxpayer does receive the full invoiced amount.

The Minnesota Supreme Court determined that the plain meaning of the definition of gross revenues “is the entire amount that a taxpayer comes into possession of either through money or non-monetary benefits and goods.” Then, the court held that since the taxpayer does not have discretion in paying the rebate amounts to customers once they are earned, the taxpayer could not reasonably come into possession of the rebate amounts and thus the rebates should not be included in the taxpayer’s gross revenues for purposes of determining the amount of tax owed. The court rejected the Commissioner’s arguments that gross revenues should be interpreted as “the full amounts invoiced,” citing examples of returned goods or unpaid invoices that reflect amounts invoiced but not amounts received for purposes of the Wholesale Drug Distributor Tax.

Dakota Drug, Inc. v. Commissioner of Revenue, No. A23-1973 (Minn. Nov. 6, 2024).

Calling all trivia fans! Don’t miss out on a chance to show off your SALT knowledge!

We will award prizes for the smartest (and fastest) participants.

This week’s question: Which state is currently considering the adoption of single-sales factor appointment for financial institutions?

E-mail your response to SALTonline@eversheds-sutherland.com.

The prize for the first response to today’s question is a $25 UBER Eats gift card. This week’s answer will be included in our SALT Shaker Weekly Digest, distributed on Saturday. Be sure to check back then!