The taxpayers, originally residing in New York, were issued a tax assessment for unpaid income tax but they claimed they moved out of the state and settled in Florida in late 2018 (as part of their retirement plan) while still maintaining living quarters in New York. The taxpayer argued that they had changed their domicile
California Supreme Court rules transfer of property among voting/non-voting stockholders is a “change in ownership” to authorize revaluation of the property
The California Supreme Court ruled that a corporation’s transfer of its ownership of two Los Angeles supermarkets to a trust that already owned 92.8% of the corporation’s stock was a “change in ownership,” permitting the revaluation of the supermarkets’ real property. Article XIII A of the California Constitution, added by Proposition 13, strictly limits increases
Proposed Assessment Appeal Considerations
This podcast discusses issues taxpayers should consider when appealing proposed assessments including:
- The risk that states can increase tax assessments after appeal
- Strategies to limit the risk of increases to assessments
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Podcast: Requirements for delivery of tax assessment
In this podcast, our state tax team discusses a matter where New Jersey upheld an assessment addressed to the wrong taxpayer and routed to the wrong location.
A Pinch of SALT: Getting to First Base with Your New Assessment
At the conclusion of a state tax audit resulting in an assessment, one of the first questions to consider is: “How much time do we have to do something about this?” Likely, there is a reference to a deadline of some sort somewhere around the middle of page 2 of the assessment notice. Those deadlines
Louisiana: Get Your Amnesty Before It’s Gone!
Louisiana will offer a tax amnesty from November 16, 2015 to December 15, 2015. Taxpayers that agree to pay delinquent taxes will receive a waiver of 33% of penalties and 17% of interest. The 2015 program applies to taxes due prior to January 1, 2015, for which the Louisiana Department of Revenue has issued an
If It Doesn’t Fit, You Can’t Tax It: Wisconsin Rejects Market-Based Sourcing Approach for Skechers’ IP Holding Company Royalty Income
By Nick Kump and Timothy Gustafson
The Wisconsin Tax Appeals Commission overturned a $2.4 million assessment against an intellectual property (IP) holding company, ruling that the company’s income-producing activities for Wisconsin sales factor purposes – IP licensing and related activities – occurred entirely outside of the state. The taxpayer, a wholly owned subsidiary of the
Don’t Retaliate: Tennessee Retaliatory Tax Improperly Included Pennsylvania Workers’ Compensation Assessments
By Mike Kerman and Andrew Appleby
The Tennessee Supreme Court held that the Tennessee Department of Commerce and Insurance (Department) improperly imposed retaliatory taxes on Pennsylvania-domiciled insurance companies doing business in Tennessee, because Pennsylvania workers’ compensation assessments were not imposed on Tennessee insurance companies, but rather on the insurance companies’ policyholders. Tennessee Code § 56-4-218
A Proposed Assessment Is Not an Assessment for Statute of Limitations Purposes in Florida
By Zachary T. Atkins and Open Weaver Banks
In a closely followed case, a Florida district court of appeal held that a proposed assessment is not an assessment for statute of limitations purposes. The Florida Department of Revenue generally has three years to “determine and assess” any tax, penalty or interest due. The Department has
Communication Breakdown: Taxable Service Taints Installation Charge in Maine
By Mary Alexander and Andrew Appleby
The Maine Board of Tax Appeals determined that a non-itemized installation charge was subject to the service provider tax (SPT) when a portion of the charge included the installation of telecommunications equipment. The taxpayer, an Internet service provider, invoiced customers a single “installation charge” for various services, which included